Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-04-10
T1& 9A1Bp T 90
MARriNsBURG, ArnIL 10. 1923.
THE SIX sfILTTLl-.NE.N.

..-AaF1f4Q0inK
oa,. men who were shot ct Mobile in the winter
If Isl4-l5 we shall proceed to lay before our
s.aders our views of that Transaction II might
- expected that members Of Congress who are
sl.c,ed by the people to watch over, guard,
ii nro,ect their rights and interests, would be
,ot little strict in their inquiries into any
.lersd invasion of them. Whether this natural
s,oectation has been fulfilled by the Committee
arnointed to enquire into the circumstances of
4 he six militia men, who were shot, and the 200
s ,rbo were sentenced to be disgraced, for
s ,lIedged "mutiny,"' 'robbery," and ''deserton,"
we are now TO enquire The PEorLE will Judge.
Il Uoon careful examination OF the Report OF the
Committee on Military Affairs upon this sub
i ;ect, Of which Mr.. Hamilton of South Carolina
3 ;schairmsn, it appears, that it is much less
i interesting and important enquiry whether the
n sx poor miIitia-men, who were shot al Mobile,
i uere fairly ,risd, lawfully convicted, and exc.
i eu,ed under the pressure of an imperious ne.
eessity than whether General Jackson can by
any means, no matter what. be skreened from
ali blame and every injurious imputation for his
q share in that bloody business The Cardinal
q MONT at issue, between the People on one side,
i and General Jackson and the Committee on the
other, is the true answer to this question:;
q Was the detachment OF militia, TO which the
4 militia men 10 question belonged. bound by the
srlctest construction of the then existing laws,
4 10 serve longer than three months? This is the
q very gist of the whole matter II they were
4 not legally bound to serve longer than three
4 months, we shall not call the shooting of them
B for going home after their legal term 1t service
I had expired, MURDER, because it is uudouht
4 sdy something much worse--such black and
horrible crime as had never stsined the annals
of tins nation before--tor parallel 10 which,
We must travel out OF our own happy country,
q where justice in mercy is won't to be admins
tered to all, from the highest to the lowest, and
90 to France in he time of Robespierre and
his execrable associates, the Committee of pub
4 lie Safety. Were they legally in service tor SIX
u months' We say NO. In the first place, it is
q to be observed, that the standing general law
a upon the subject of militia drafts and service,
! is the law of 1895, which expressly limits the
81 term Of service to three months. This law
4 passed in 1895, is in force at this day, and has
\ been in force since its passage, with certain
8 exceptions which as far as they relate to the
4 subject before US, we shall proceed ia notice.
q On the 18Th Of April, 1914 4th vol OF Laws Of
& the United States, page 70S, sec. 8 Congress
4 enacted, s'that the militia when called into the
service OF the United Sites, by virtue OF the
4 before rec,ted act act OF I795l may, # M the
q opinion Of tie President Of the Upaed States, The
d pubic interest require ~, be competed to serve
d for a term MT exceeding SIX months alter their
B arrival at the place of rendezvous, in any one
q year. rhe standing general law OF 1875, IN
4 force when this detachment was called into
4 service, and still in force, limits the term of
4 service TO three months The Act OF April 10,
4 1914 gives to the PresidenT, and to HIM only.
a the powerof extending the term OF service to
a Six months, il, in bis opinion the public interest
j require it. Now what Is the PLAN, natural.
Il common sense construction Of these two laws:
We assert that the only fair construction is this:
q That at any time, after The 18Th dav of April,
1914, the President OF the United States. could,
lawfully, it he thought it necessary, order de
aachmen's of militia TO be called outs and mus
u tered into service for SIX months; or, If they
4 had been called out first for three months, he
could at any time previous TO the expiration OF
that tern order them to be he'll TO service three
months longer. Now, it appears from all the
4 evidence, that the militia detachment IN dnes-
tion, was mustered into service st Fayetteville,
h IN Tennessee, on the goth day OF June, 1914.
n Did the President order this detachment TO be
81 called into service for six months' No. Did he,
after they were in service. give orders that they
should continue in service SIX months IRON the
q time OF their being mustered into service' No
N such order can be produced. BY what authority,
n then, was this detachment called out9 The
81 Committee will answer this question They
indisputaole notoriety, and one which belongs
u to the history of the country, thai Col. Pipkln's
q detachment was mustered into service expressly
for s,r months by virtue Of an order of Governor
q b'ount S, mot the Presidents order, mark ye,l
IA dated the goth of May 1914, certified copy
OF which, your Committee have taken steps to
procure. that it may be placed on the files Of
lhls House with the Documents from .he War
Department" Now supposIng this document
70 exist, and to be what the Committee represent
t-Wha, does it provel Does it show that the
detachment was legally bound 20 serve six
months! No such thing. It only shows that
N Oov Blount, was willing to usurp and exercise
"a sne power vested by law in the President of the
" States. ard in bin alone, of extending, at
hs discretion. the regular, ordinary legal term
Oi service, which was and is, three months, 60
S'F months at IN his opinion the public interest
m required it,"
N -, Inc question is, were The militia men of
81 iehressee 10 he bound aud governed by the
, .a"S 81 their country, or by the illegal and ar
# o'Uary orders OF Gov. Blountl The laws of
.''eF Country required them TO serve three
II months, and no lon er-Tney did serve three
months faithfully, ard because they refused 10
serve longer, they were SHOT by the order of
GENERAL jackson.
-, me miserable and dwelling sophistry by
- ~ n"'ch Tue Committee seek TO invest Governor
,Iun'' by construction and Inference, with
81 ,piehary powers" which, we suppose means
cue power OF doing JUST as he pleased, is too
Suaer Tor dissection. II falls to pieces at the
hpk..~