Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-07

aud those vino were tlus likely 10 be deiuded, the
Court recommended 10 the clcmency of the com
handing General, who, il appears, pardoncd them,
and that all the rest of the mutineers and desert
ers were condemned 10 trivial punishments, neither
affecting lie noF limb, excepting six o. the ring
leaders, to Wit: David Morrow, sergeant in Capt.
Strother's Company, Jacob Webb, John Harris,
| Henry Lewis, David HUI, and Edward Linscy,
privates in Col. Pipkin's regiment, who found
| guilty either OF causing, or exciting amutiny, be-
fore the 18th of Sept. 1914, or committing mutt
ny, or deserving whilst on post, before the expira-
ton OF the 18th OF Sept 1914 and suffered death in
consequence.
BY an examination of the trials of these six ring
leaders, il will be seen, that they were promi-
nentiy guilty, either Of exciting and causing
muhny," or of being the leaders of mutiny;
the hrst before, and the last on, the 10Th of
Sept. 1Sii; and that John Harris, TO whose name
such remarkable notoriety has been attached, was
tengaged some time prior, % in causing and ex-
citing mutiny," by carrying even muster roll
OF niu.iny and desertion throughout the camp, to
procure the names of those who were willing,
and would pledge themselves TO commit these
/ crimes
To these facts, your Committee will now apply
the law. The act of 1895, provides ''lhat the mi.
ta in the service of the u. Statesshal be govern
ed by the Rules anu Articles of War" By the Tih
article OF the Rules and Articles of War; s'any oil
Seer or soldier, who shall begin, excite, or Join in
''any mutiny or sedition, in any troop or company
'int the service OF the u. States, in any party,
post detachment, or guard shall suffer death,
such other punishnents, as, BY Court Martial.
"shall be inflicted" BY the 18th article, a SINH
/ lar penalty is awarded, where any officer soldier
docs not use his utmost cndeavors to suppress a
"mutny, or, coming 10 the knowledge ofan intend
''ed mutry, doesnot, withoutdelay, give niorma-
'tion thereof TO his commanding officer" And,
by the goth article, the crime OF desertcn, is pun
isbabe "by death, or such other punisments as,
shy sentence of Court Martial shall DO intlict-
cd"
These Facts, and these principles, furnish COM
pete vndication of the Court, whose painful duty
1t was 10 condemn six of their fellow ciiizens to
severe and igiiomiiiious punishment
butu all the reasoning of your Committee was
absurd and valueless as TO the lact, that these
were rightfuly in service for six months, and it
were even admitted that they were drafted but for
three months, the proceedings ofthe Court would
stand without spot, blame, or legal impeachment
As the crimes for which these unfortunate human
beings suffered death, committed before
three months of their term OF service had expired
and by the 18th section of the act OF the 18th April
iSl4, which was then in full force, S which pro-
vides, " that any commissioned offices, mon commits
stoned officer, musician or private, OF the militia oc
the u States, WHO shall have committed an Of
fence, while in actual service of the u States nav
be tried and punished for the same although his
term Of service may have expired, in like manner
as ii lie had been actually in the service of the u
nited States; tits. therefore, obvious that these
men could be legally detained for trial and pun
ishment, even if they could have been considered
as in service but for three months.
hSt ulttS Hdu lair ana Impartial tIlaI.
committee see no reason TO doubt ana the mere
fact OF their jurors being their own officers fellow
citizens, and probably, neighhors, securedthe pre-
sence OF that sympathy which leads TO the most
merciiul Interpretation (wherc it is lust to apply
iD of the conduct and motives of others.
That General Jackson commanding in chief in
the Military Division, in which these events trans
pred, properly exercised the power and discretion
vested in him, by law, by approving the proceed
inSs OF this Court, your committee likewise per-
ceive no reason 70 doubt 1t il true, that they
were approved on the 22d of January, fourteen
days after the victory of the S,h, by which the
enemy had been Tepulsed from the hlississipp-
But the General was, n this time, ignorant OF the
paeihcation at Ghent; and, moreover, must have
been apprZed that part of the enemy had gone
round, and had concentrated his forces in the
neghborhood Of Mobile, in that very vicinity where
those outrageous acts of INSTRUMENTATION mutiny
aud desertion, had taken place. That such cor
cenIration OF the enemy's forces affected is
tact beyond all dispute, as, on the llth of Fob
ruaiy, Fort Boyer was attacked and captured
The Commanding General must also have known
That TWAS on volunteer or militia drafts the de-
ience oil the Southern coast would rest; whilst the
Migrant mutinles and assertions in the campaign Of
1913, OF the militia DIR fits of that year. must have
ac!;ioAsiled hn o: The necessity of striking "A Sc
Vere yet sauary, example in tie minds OF those
who were liable 10 b. in,le.
Although he clemency of the General wac not
invoked by the Court, it ia fJie, he Nigh, have
pardoned those victims Of their own crimes; but
there are occasions when mercy is but another
name Tor weakness when even a severe and unal-
/ terahe franess, in the discharge of our duty is
the most perfect justice We can render to our
country.
The examples of this stern and enlightened ius-
tice are scattered throughout the pages of history
not Tor the adherence, but the respect of manind
they are found, not only in the most instructive
morals which the lessons of antiquity afford but
they illustrate the incompatible services of him
who was, and ever will be venerated, as the Fa-
thcr of our Country
In conclusion, your Committee will barely re-
mark, that as the acts OF 1912 and 1914 expired
the one by its own Limitation, and the other by the
termination Of the war, they see nothing in the
transaction which it has been their duty TO exam
me, iromits origin TO its close, which calls for the
legislative interference Of this House. in the
shape OF any amendment to the Rules and Arti-
Giles OF War, or TO the existing laws governing The
militia, whilst i'll the service OF the U. States
Governor Forsyth, the successor Of Governor
Iroup, hasissued proclamation calling upon the
constituted powers ofthe state Of Georgia. TO re-
sist the operations Of the Cherokee Indians who
nave made TO themselves a constitution of gov
eminent, and thence assumed an attitude of inde-
pendcncc.
-sssigE5ssa.Lr
FROM THE MEDITERRANEAN
NEw-YoRx. March S-The shin Harriet Cant
GtoDeT, arrived at this port yesterday from Srlvr-
ma, Malta, and Gibraita The editors OF the Gazette
have recaiycd by her papers front the former place
70 TIE 9Th Dec. from Malta to the 2Gth, and from
ihe latter 70 the Goth Of January
Capt. Glover states that the Allied Anbasvo
doris were all at Vourla on the 18th of Deretn-
Der, waiting for advces from their respective Gov
/ ernments
] Lord COchTane was crtifzinp TSeio Dec II on5