Delaware patriot & American watchman. [volume] (Wilmington, Del.) 1828-1828, 1828-03-14

Join in any mutny or scdition, in any troon
company in the service OF the United States. !.
any party, post. detachment, or guard, shall .us.
death, or such other punishments, as, by Cou,.
Martial, shall be inflicted" BY the 8fb art ou''
similar penalty is awarded, where any o,E,oss
soldier does not use his utmost endeayors !.
suppress mutiny, or, coming to the knowleasw.
Of an intended mutiny, does not, without. dsla'
give information thereof to his commanding ofFca,n
And, by the Goth article, the crime of desert;on
punishable s.by DEATH or such other punishments :.
by sentence of Court Martial shall be intliced
These facts, and these principles, furnish cam
plete yindicaton Of the Court, whose painful ,jutv
it was to condemn six of their fellow citizens !,
q severe and ignomini0us punishment.
But it all the reasoning OF your Committee ws,
absurd and yalneless, as to the fact, that thes.
men we're rightfuly in service for six months. AMI
it were even admitted that they were drafted In,
for three months, the proceedings Of the Conu
would stand without spot, blame, or legal impeach
ment AS the crimes for which these unfurtunae
human beings suffered death, were committed be
fore three months of their term of service had o..
PRED and by the 18th section of the act Of the i'm
April, 1914. which was then in full force and
which provides, j" that any commissioned officer,
non commissioned officer, musician, or private, ii
iHc Hliltt u t1e CHltcu States VINO snail have
committed an offence, while in actual service Il
the United States may be tried and punished "a,
the same. although his term Of service ma, have
expired. in like manner as if he had been actually
IN the service of the United States," ii is there
fore, obvious that these men could be legally do.
tanned for trial and punishment even ifthey could
have been considered as in service but for three
months.
That they had fair and impartial trial. YOU,
committee see no reason to doubt, and The mere
fact Of their Jurors being their own officers, fellow
citizens. and probably neighbors, secured the pres
ence Of that sympathy which leads to the mos
merciful Interpretation (where it is Just to appl,
it, Of the conduct and motives Of others.
That General Jackson, commanding in chief i
the Military Division, in which these events trans
pred, properly exercised the power and discre
ton vested in him, by law, BY approving the pro
creslings Of this Court, your committee, likewise
perceive no reason 70 doubt 1t is true, that the
we're approved on the 22d Of January, fourteen
DAYS after the victory of the 9Th, by which the en-
ems had been rcpnsed from the Mississippi. Blu
the General was, at this time, ignorant of the pa
cifcaton at Client; and. moreover, must hay
been apprized that part of the enemy had con
round, aud had concentrated his forces in tn
neighborhuod Of MOBILIZE. in that very yicinit
where these outrageous acts of insubordinatoT
m1tiny. and deseiton, had taken place. Tia
such a concentration Of the enemy's forces was Ell
iected. is fact beyond all dispute. as, on the lit
OF Feb Fort Bowycr was attacked and captured
The Commanding General must, also, hay
known that it was ON volunteer or militia draft
the defence Of the Southern Coast would rest
whilst the flagrant mutnies and desertions in III
campaign Of 1878. OF the militia drafts of III,
year. must have admonshe'l him of the necesslt
Of striking a severe, vet salutary example in III
minds of those who were liable to be msled.
Although the clemency of the General was NJ
invoked by the Court, it IS true, he might ha,
pardoncd these victims of their own crimes BIZ
there are occasions when mercy is but anoth
name Cor weakness; when even severe and VI
alterabe irmness, in the discharge of our duty,
the most perfect justice we can render our countr
The examples Of this stern and enlightened iu
tice, are scattered throughout the pages of Hist
~, not for the adherence, but the respect of ma
kind they are found, not only IN the most i
4 structiye morals which the lessons of antiquity
ford, but they illustrate the Incompatible servic
OF him, who was, and ever will be yenerated,
s the rather Of our Country"
In conclusion, your committee will barely i
mark, that, as the acts of 1912 and 1914, expir
the one by its own Limitation, and the other by Il
termination of the war, they see nothing in Il
transaction, which it has been their duty to exar
ine from its origin to its close, which calls for Il
legislative interference Of this house in the sha
|, oi any amendment to the Rules and Articles
" ar, or to the existing laws governing the miit
whilst in the service Of the United States.
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