Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-04-10


the contemporary constructions which were Civ.
en-. to this clause in the act OF April, 1914, in
the actual discretion which was vested ia the
Executive Of several Of the States.
IDLY. Your Committee are now brought to
inquire, whether Col. Pipkin's regiment was
ordered out tor SIX months. and in conformity
with the above cited authority II appears BY
the muster rolls, that this regiment was regu
larry inspected, and mustered into service for
six months, to wit: on the twentieth OF June,
1914; and that consequently. their term of
service expired on the morning OF the twentieth
OF December. 1914 10 the absence at all
other proof, these records are to be considered
as the highest evidence, not only OF the fact.
but OF the legal presumption that the muster
aud inspection were made With the requisite
authority.
But 1t IS a circumstance OF public and indis-
putabIe no,or,e,y, aud one which belongs to
the history of the COUNTRY, that Col. pipkm's
detachmen, WAS mustered into service srprsssly
for SIR months by virtue OF an order OF Go.
vernon Biount's, dated the goth of May, 1914;
certified copy OF which, your Commistee
have taken steps to procure, that Il may be
placed on the flies OF this HOUSE. with the
documents from the War Department.
The order reclted that the draft was made
in compliance ''with the requlsition OF Msjor
General Plnckney, and in furtherance ct the
views OF Government, by attitude given 10
him Governor Bloun) by the War depart.
ment, in regard 10 calls for men to act against
the Creeks" This draft was ordered TO rem.
devious on the Goth OF June. 1914, at Fayette
Vile, Tennessee; and formed the identical
detachment of one thousand men, who were
afterwards placed under the command of Col.
Pipkn, aud stationed in the summer and
tumn OF that year, al the posts IN the Creek
country And by reference TO Gov. Bldunt's
letter OF the 18th October, 1914 mo. I'D II
Will be seen that he specially reported this re.
gimcnt of one thousand men, to the Secretary
OF War. 81 IN service for sir months; from
which fact the inference is masquerade, that
the President considered il a. legally IN service,
or it was the bounden daty of tho Secretary TO
order their immediate discharge; which, II
no where appears that he ever did. II, there
fore. any confirmation was wanted from the
original authority BY which the draft WAS made
for six months, your Commiitee conslde, that
Gov. Blount's report, OF the 10Th October, and
the iml.lied sanction Of the President, neon.
tes,ibiy warrant il.
3dly. Whether the soldiers of Col. pipkin's
regiment, who were arrsignel for certain
crimes and offences before Court Martial:
which convened at Mobile, on the 5ill OF Dec.
1914, we're legally tried; and whether ,he
Commanding General approving the proceed
ings OF this Court properly exercised the
power and discretion vested in him by iawl
BY reference to the proceedings otthe Court
Martial in question, It will be seen, THAI two
commissioned officers. and about 700 Of the
non commissioned officers and privates OF Col.
P,pkin's regiment were, tried Tor the most
serious offences which be committed IN the
military service OF the couatry
Thar thase nth uces frat ropaissed in 50
citing and causing mutiny,'' secondly, in the
commission OF Nm sctusl mut,ny, accompanied
by circumstances of aggravated robbery and
spoliaion OF the public stofesj and, thirdly, IN
the crime Of desertion.
The two first Of these Offences, to wit: tex.
citing and causing amutiny," and actually COM
hitting mn,n,, by forcing the guard, aud
seizng the Commissaries' storehouse and
stores, at Fort Jackson were committed, the
first, before the 18th of Sep embers 1914. and
second, on the 18th Of September, 1914, and
before even THREE month"; servies offtis detach
n,enf had expired. That some ut he motneers
were deuded INTO belief that they were n
bout to be wrongtuIy detained in service, be-
yond the term for which they we're legally draf
ted, your Committee think not improbsbles
and those who were thus likely to be deiudel,
the Court recommended 10 the clemency ofihe
commanding General, who, il appears, par
doned them, and that all the rest OF the mutt.
necrs and deserters condemned to trivial pun.
lshments. neither affecting life nor limb, ex.
cepting six OF the ring leaders, to wit: David
Morrow. sergeant in Capt Stro,her's compa.
ny. Jacob Webb, John Harris, Henry Lewis,
David hunt, and Edward Linsey. priyates in
Col Pipkins regiment, who were found guilty
either Of causing, or exciting mutny. before
the 18th of Sept. 1914, or committing mutt
ny, or deserving whilst on post before the ex-
pration 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
Prominently guilty, either Of exciting and caus
,ng mu,iny." or OF being the leaders ola mu-
tiny; the FIRST before. and the last on The 10TH
OF sep,embe, 1914; and that John Harris, To
whose name such remarkable notoriety has been
attached, was engaged some time por. asn eau
sing and exciting muliny," by carrying even
muster roll of mutiny and desertion through
out the camp, to procure the names OF those
who were willing. and would pledge them
selves 10 commit these csimes
To these facts. your Committee will now ap-
ply the law rhe act OF l795, provides, s'that
the militia in the service of the u. States shall
be governed BY the Rules and Articles OF War,
BY the 9TH article of the Rules and Articles OF
War, ''any officer or soldier. who shall begin,
excite, or join in any muiiny or sedition, IN q
ny troop or company in the service OF the v.
States, or in any party, post, detachment or
guard. shall suffer death, or such other pun.
ishments, as, by Court Martial. shall be IN
fficted.p Nv the Bib article 4 similar penalty