Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-05-17

Sh"iS &c Oh deSeruon, 1t would be necessary
produce the law of the II th of April, 1871
and the order ofthe President, extending til
germ OF service to six months. This cou
) tlet De done, tor the plain reason, that ~
'fsuch order had ever been made. Henc
the pre,errlng of the charge of mutiny wa
:, rcsorted TO, as the result of an after though
Ia charge trumped UP to suit the occasion
without any thing substantial to sustain it
The last branch of the third inquiry pre-
scented by the Committee remains to be an
swered:
" hether the commanding General, ap
proving the proceedings of this court, pro.
perry exercised the power and discretion YES
ted in him by lew?''
MS IS very important inquiry. 1t COT
talns the gist Of the whole matter. But. il
VIII be unnecessary to recapitulate the facts
and arguments already adduced: they will be
recoilected, and their bearing on the case
must be obvious. TO the mind of a calD,
d:spassionate man, one not hated by the ex-
chencnt and delusion Of party feeling, the
case presented by the sentence of this court
marital Tor the decision of General Jackson,
must appear one OF great piainness. 1t was
one which, IS almost every day submitted in
our courts OF justice ID Tie decision OF the
common sense OF our ordinary iurics TWAS
i!"'hin@ more nor less than requsition to
decide the law and the fact These men had
| ,ech called INTO the service by his own or
der, N compliance with the conlmaf1ds OF
Governor Biount True it is. that when H.,
| issued that order he was acting as Major
General OF Militia, in q subordinate capacity
to the Governor, and had then no discretion
TO exercise. But his situation was now en-
ufeiy changed. He was now a major gene
raj In the service of the United States. In
ehiS his new situation he was untlr- no obi
CATION to sustain the illegal proceedings OF
tne Governor of Tennessee The facts
winch have since been developed, in his cor
rcspondence with the Governor of Georgia
III 1878, show with what Difference he has
ncch disposed TO treat the persons and opin.
ions OF governors Of States, whenever those
opinions came in conflict with his views. &c.
neral jackson must have known that, in or
der to make a legal draft for SIX months. il
was indispensable that the special orders al
the tresiIent, rcquiringit. should have been
gwen. am aware that to this it NAV be
answered that, inasEDuch as the governor
nad issued his orders for a six month draft
. he was bound TO presume that such on order
had been given by the President This pre-
sumption, IN The absence Of all cydencc t,
the contrary, would have been sufficient t.
govern him in deciding question of ordina
~ CT minor Importance: but certainly wouIc
not warrant an order which was to take the
lives OF SIX American citizens. When III,
HE OF an American cizen is at stake, infer
ence must be abandoned. The clear IN
. questionable, ''indisputable facts both o
iaf? and crlI..c, must DE s!lorn against Ililn
before he can be condemned Whenever
'i!c day shall arrive, on which The people O.
these States shall sanction, by their appro-
! baton, the taking of the lives Of our militia
men, on the principles advanced by the Com
mttec on Military Affairs, the transition to
o different system OF government will not he
80 difficult 20 effect IS many Of o,r ardent pa
tTiots, IN the flow OF their zeal for the dura
ton OF Republican government, had sup
| posed.
! Bat General jackson was under no ncccs
sity, IN this case 10 rely on the authority 81
Governor EiGunt as to the legality Of d SIN
months months draft. He had received in
stri,ctlons direct from the War Department
which contradictcd, in the most positive
terms, the inference now attempted to be
drawn from the letter of the Secretary of X al
OF the 18th of January, 1914, to Governor
Bount. lie had received the orders of the
President, stating, that in his opinion, no M
EttT force was III that quarter necessary, anC
bordering that they pc discharged. lie knew
that 1t was owing TO his ozcn disobcdicncc o
; this order Of the President that these, rner
were, OH the 10Th Of September, in a =itua
) ton which admitted ofthe charge for wl!icl
they were thus Illegally deprived ofIifc
} have now finished my reference to fact
, and documents, and am ready to answer th,
enquiry propounded by the Committee.
J say unhesltatingly, that ''the commanding
General approving the proceedings Of thi.
court martial, did NOT properly exercise tho
power aud discretion vested in him by law.
; | say, that IN approving the sentence passco
upon these men, and in ordering their i'm
mediate execution, Gen. Jackson acted {
most cruel and sanguinary part; one which
p ought, in justice, TO have subjected han d
: least to the pointed displcas1Iro Of the Go
vernmont, if not to tho punishment Of OIL
= laws. But, at all events, it ought at this tim;
} to call down upon him tho condemnation o
every man who rcraYds the stability of ~,