Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-07

certain Tennessee mtarnen, present upon their
face the following INQUIRIES:
lss Whether the Governor of Tennessee had
me power 10 order out detachmenis OF the militia
OF that State, for a six months tour of service?
indy. Whether Colonel Pipkin's cgiInent was
thority'
3dly. WheHier the soldiers of this regiment,
who were arraigncd for certain crimes and offences
before C. Court Martial, which convened at Mo-
bile on the 9th Decefnber, 1914" were legally
tried; and whether the commanding General, APP
proving the proceedings of this Court, properly
exercised the power and discretion vested in him
lawi
In relation to the first branch of the inquiry,
II VIII be proper to premise, that, on the 10Th
April, 1872, in anticipation of the war about to
take place, Congress passed an act, which will be
found in the 4th vocme of the Laws of the Unit
ed States. page 400, which authorizes the Presi-
dent "to require the different Executives of the
States, to organize their respective proportions of
100000 militia, and to call r&o service the whole
or part, Of these qnotas; which attachments
were not compelled 10 serve longer than six
months, after they arrived the place of rcndcz-
Nous. MS act was an enlargement of the act
ei II95 which restricted the service OF The mill
ia, when called out by the authority of the Unit
ed States, 10 three months.
The act of the 10th of April, 1912, expired by
It's own Limitation on the 10Th OF April 1874 On
the llth of January, 1911, whilst, however, this
INV was in full force, the then Secretary of War,
General Armstrong, wrote the letter, numbered
in the documents, TO Governor Blount which
authorizes him e supply, by militia drafts, or
by volunteers, any deficiency which NAV arise in
! the militia division under the command OF Major
General Jackson, and scil cut referring, on this
he0ft to this DEPARTMENT. and further informs
| Governor Blountthat cit may be well that your
Exceiiency consult General i;inckney on such oc-
casions, as he can best judge OF the whole num-
Der necessary TO the attainment of the public o.
| jects."
! This letter, in the opinion of your Committee,
vested pienary power in Governor BloIlnt until il
was revoked either by express orders or bv
peace, TO call such militia drafts as in his dis
cretcn, he might think necessary 90 for the attain
nent OF the public Objects under the existing
| laws.
On the 18Th of April, 1914 4th vol Laws OF
the United States, page T03 section 9, Congress
enacted :" that the militia, when called into the
service OF the u. States, by virtue of the before
recited act, may, II, in the opinion of the Presi-
uenI oil The u States, the public interest require
~, he compelled TO serve for term not exceeding
six months, after their arrival the place of rem
| devious, In any one year. This law was 10 CON-
! tinue in force during the war
Alter the passage of this act, il does not appear
mat the PRESIDENT revoked the power which he
mad given to Gov Blount, by virtue ofthc letters
oil The Secretary of War, of the nth s. 3Ist Janua-
| ry, 1911; but he seems 10 have been willing from
ms silence, coupled with the notorious fact Of Gov
niounts coninuingto order out militia drafts I'M
Der the discretionary authority of those letters 10
consider that such drafts as Gov Bount sl,ould or
derout, were, in his opinion, required by the
| public interest"
And your Committee think. that this PROPOSE
ton may be put more atIirmatively 10 wit: that /,
was the ''opinon of the President that the public
interest did not require' that Gov. Bount should,
under the advisement, or by the reru:sition5 of
Gen iincknoy, have the power TO order out milf
tia drafts either for three or six months as the ev
i;sencies OF The service should render necessary.
tctthout referring on this head 10 tie President
| for special directions
! This deduction they consi,lerirresistbe and con-
elusive, and that there. was nothing in the set of
| HPfii ieih, 1914, which prevented the President
from expressing his opinion, through general in
structions, TO the Executive OF State i. hose or
ders tor mi;adratts, under such discretion should
de J6cto and de gd'e, be the opinion OF the presi-
| lie Interest,"
| This inference, your COMMITTEES moreover be-
'ieve II they thonghtit necessary to 20 into such
aninyestigaion might be sustained by tile conten-
porsry constructions which were given to this
clause IN the act of April. ls1,in The actual discre-
ton which was vested in the Executive OF several
| of the States.
! IDLY Your Committee are now bsousht to in
quire' whether Colonel Pipkns regiment wac or
dercd out Tor six months, ana in conformity with
the above cited authority? Ii appears by the mus
ter rolls, that this regiment was regularly nspect
Ell, and mustered into service rSr six months to
wilton the twentieth ofJune, 1871; and that, con-
sequently. their term of service expired ON tba
morning of the twentieth of December. 1911. In
the absence OF all other proof these records are
70 be considered as the highest evidence, not only
oil the fact, but of the legal presumption that the
muster and inspection were made with the reGui-
site authority
But II Is circumstance of public and indisp,Ita-
Die notorety, and one which belongs to the histo-
ry oil the country, that Col. Ppkil.'s detachment
was usterediato service expressly for sir
by virtue oil an order of Governor BlounPs, dated
the 2Uth OF May 1874; certified copy OF which
your committee have taken steps toprocure, that
II may be placed OH the files of this Eoosc with
the documents from the War Department
The order recitcd that the draft iyas made in
compliance with the requision of Major General
fInckDey and In turtherance of the views of Gov
eminent, by a latitude given to him (Goveraor
biounO by the War Department. in regard to
cars lot men to act against the Creeks" This
u I was ordered TO rendezvous on the 20ih Of
June, IA, at Fayetteville, Tennessee: and form
ed the identical detachment Of one thousand men
VINO were afterwards placed under the cofnmond
on Sol. Fipkin, and stationed in the summer and
autumn oil that year, ut the posts in the Creek
country. And, by reference to Gov. Blount's let :
'eF OF tne lSth October, 1884, mo. H. it will be
secn That he specially reported this regiment of one
thousand men, to the Secretary of War as in ser-
vice J0F Slr months; from which fact the inference
IS lnseparaDc, that the President considered II az
legally In service, OF il was the bounden DUTY Of
me secretary to order their immediate discharge
Which, IL no whore appears that he ever did. H.
therefore, any confirmation was wanted for the o.
riginal authority by which the DRAFT was made for
SIX months, your Committee consider that Gov
eTnor biouits report, Of the 18th October and the
lnPied sanction Of the President, incontestibiy
furnish it,
Sdiy. Whether the soldcrs Of Col. pipkin's regi-
ment, who were arFaigncd for certain crimes and
offences before Court Martial, which convened
at Mobile, on the 5ih of Dec 1911. were legally
tried; and whether the COMMANDING General an