The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-12-08

t"'hf'h'ihF NV HIf bi w w fthfiHf f0Ei,
asihoris'ng lIr Governor In olde, the Courts
Martial for the trial of Miliiin %eficeis. ] have
some .iinicnliy IL reconeiling the provisions Of
he 10Th and oath seciio,,s Of the Militia act OF
1919, which prescribe the titne and manncr Of
taking the oails ol nfice bv militia officers. pre-.
vihus 10 catering upon the discharge ofiheir du
Ties respectively 10 VII ch | now invite The nj.
tenfion of the Grneral Assembly. independent.
ly Of -onir seeming difference IN The expressions
at these sections, THERE IS a generality and uncer-
isiniy in parts Of The language used IN ihrm,
which IN NV judgment, are two vague for the
precise drl"'i'ons required IN penal statutes.
These sections particularly, and perhaps the
~holc miliih laws. call for revision. aud certain
parts for further legislative provisions. The pm
pers which gave rise To these difficulties, are O..
ed IN the Adln'an, Generals Office, aud will
give n full view of the whole subject. II has
hrco nv good fortune, s,ncel came into office,
not TO ha We been lormetly called upon 90 ot,lci
courts martial for the trial of militia officers. tx.
cept in the casclefore alluded To, q after the most
attentive examination of NIL tho papers ~ that
case, iRken IN connection with Those parts Of the
militia laws, 10 which they relate, ! did aOt
think them sufficient To Justify me IN ordering
the Court Martial called for, aud forthwith dis.
charged the arrest. Informal rrQurss for
Courts Martial have been returned st4l except
IN The foregoing case have not reHppcmrcd.
~ consequence of the power eonier ed upon
the Governor In the same act, ! hive been cali
ed upon by Colonel MiCandlish OF The 6s'h &c.
giincnt, VI the instance of Capinm Richardson
Of The same regiment. to order a court Of enqui
ry grounded upon impuin,ions charged to have
been brought against him by I.,ei,i. Col. Hsu-
kins-in my reply 10 Col MCnndllsh's first
letter, | expressed some doubts, whether The Go.
vernon possessed the power ot ordering Courts
Of Enquiry. upon the request OF n militia officer
m finis Of peace, returned thpt Richardson's
papers on account of their iniormaliiy, and aug.
gesief the propriety ot his dinstng the mntirr
with Lienl. Col. Hawkins in somc milder mode
than a military euquiry-hut upon being appris-
ed OF the contents of NV letter. Capt Richardson
persevered IN his request, through Colonel
NJ Capdlish. and accompanied II with the neces.
sary AFFIDAVIT. ] Immediately took the subject
into consideration. and being confirmed in the o.
pinion that'the Governor WIS not invested by
law with the power OF ordering courts Of enqui-
ry. nj the request of militia officers, in time Of
peace, bur willing 10 get III. bes, advice upon
that subject. ! consulted both the Adjutan' Il A.
torncy General. upon the point. The Adjutnnt
General admitted there WAS no such power gwen
blythe militia laws, but iniinnfed the opinion tiiat
the power might be- assumed AN n necessary IN,
hsrtat puwer, suggesting at the same time a
doubt, whether the auditor would allow the OK
pense Of such court ot enquiry. The Attorney
General entirely concur d with me in opinion,
that the Governor Of Vieginis, hnd no power by
law 10 order courts Of enquiry upon the requests
Of n militia officer, IN fime OF pence, and believ
ing myself. that all inherent, or constructive
powers assumcd beyond nn actual necessary
case Of self defcnce, are nothing less. than rs.
symptoms under false names. and disgu,sss. |
refused TO order the court OF enqrIry, mud deter
mined to submit the case 10 the better judgnIen,
Of the General Assembly.
would briefly rrnark, that in Time ofpsacc,
| consider a militia officer, asa citizen merely
in his civil character, mud IN time Of war. when
called into active service. he Is subject Ia the
rules and articles Of war--whilst IN actual see
vice only, can he assume the character OF a " CT
,izen soldier"
! forward herewith copies OF letters from
81 igadier Generals Chamberlain, Joues and Ed
ward G.. Darlington, containing thr designations
Of their respective commissions, which have been
accepted.
During the present year, all the remaining
claims OF this state upon The General Govern
.neni, or advances during The late war. amount.
ing to above $4,000, have been finally adjusted
and paid. The portion of arms allotted TO
this state, under the law OF the United States
for arming the whole militia, has been received
and deposited ia tho armory. II was thought
advisable by the Executive Council, 10 request.
through the Adiutani General, u Communication
OLA certain number of muskeis. for riies and
pistols, which reques, WIS promptly granted by
the Wa Department. Tie "hode % The arms
received, as FAR rs ihey hhsn been examined, are
represented To he new, aud OF the best quality.
Ak an net oi Justice TO the administration of Tie
General Government, | take pleasure IN inform
M a. tA. (.,.,. A.....iI. that la all Ian ,tf.F-
course, which has taken place between Them,
and myself, IN behalf Of this state, since | came
into office, The mosl prompt and respectful alien-
ton In, been given To this state. III the part oi
that government aud all our reasonable claims
and requests have been granted with ~librinliy
asd pr0mptitnGe, aud u affords me additional
plensurr Ia state thsi this Information vii apply
TO the President himself, AZ well as 10 the head
OF each Department.
Amongst the various oanses which srrVe 10
cali into action the anxious srnsibiIiies :. ~"
people Of Virginia, during Tins year, Wa the
Interesting %sntjcoi Of internal improvements.
The psci,emcnis prodnced thereby brcame 10
extensive, that portions OF the people OF ihiriv-
| nInr counties and OF sevcrnl to"n as voluntarily
sen, representatives 10 u conventiop, 10 meet NJ
Charlottesville on the l4ih day Of July, 1878,
for the purpose OF taking thai shhject INTO con
SIdPIatlOn. ms rOiipPlliihti, tDtipDSfb ~ tlil-
2rus amongst The most crowned for ta'ents
aud responsibility, met accordingly. aud adopt
ed certain proceedings. WHICH. IN sdtue ofonc Of
It's resolutions have been forwarded 20 me Ivy
Mr.. Madison, tine chairman, accompanied wiih
u letter, requesting ,e 10 lay them before the
General Assembly anal NOW AXE great
pleasure in complying with that request. These
proceedings speak Tor themselves, aud require
40 commentary from me mud | now rely up.
on the wisdom OF the General Assembly for the
adoption Of any such measures. Of improve
mcn; ms may lie suggested by the information
contained therein. But without interfering with
any specified object OF immediate Improvement
recommended by that convention, | nope | may
be INDUCED IN calling the attention oi the Zen
eral Assembly, ming its present session, TO
one which ! conceive TO be OF greatly more uiil-
ny, than expence. although The same measure
was under the consideration OF the last General
assembly, aud did not then receive the appro-
i,.t,nn al hntn tie branches. II il the continue.