Delaware patriot & American watchman. [volume] (Wilmington, Del.) 1828-1828, 1828-03-14

militia drafts a. 10 his disc elton, he might nlnk
for the attainment Of the public Objects nhoer 'e
ting laws. -, ~ United
STATES page 7O3 sec S. Congress enacted "tha' the na
when called into the service OF the United o'aes' ~
tue OF the before reced act may, II, " thc op'o y -
President vi United States, the p'ic interest," le'e
IL be CONT eled for term not exceeding %
months ser their arrival the place Of rendezvous 70
any year. This law was 10 continue IN lo'ee outs
the war. a.. 7,
After the passage of this ac il docs not appeal tha we
President revoke, the power which he had gwen 70 Aos
ernor Blount, by virtue OF the letters o. tue secretary "
War of the lh aud Sis, January, 1914 but he seems @
have been wiling from his silence, coupled with The hoo
Gus fact of Gov Bount's continuing to order ont mha
drafts, under the discretionary authority OF iiose
consider that such drafts as Gov i5'cul SHOULD oei o'
were in his opnion reoulied Shy the public Interest!
AID your Committee think, that this proposition may DC
nut more aifirmavey, wit that It was TIE opi'nn "
the President, tha' the public interest dld require VA
Governor Bonni should nnder the adviscment or ny me
requs If General Plnckney have inc power 70 orae'
ont militia drafts either for three or SIN months, as he
exgencies of the service should render necessary, .sh
out referring THIS head" 10 the President tor srecal diftc
tons
This deduction they consider irresistible and conclusive,
anil that there was nothing in the &C, d April 18TH 1911
which prevented The resident from expressing h's oPpn,
TN ouch general instructions 10 tic executive OF state
whose orders f r militia dafts, under such discretion,
should, de lctO and Dc jare be the OPINION IT We lfes
den that such drafts were required ny me puoe ''e
rest Z"
This inference your Committee moreover believe il
they thought i necessary - 60 INTO shcn an festbaoh,
might tie sustained by tie contemporary constructions
Which we're given this clause in the act OF April 1914
the actual discretion which vested IN the executives
If .evera Of The States.
2lly Your mmittee now brought to inquire wheth
er Ca,oncl ppkins regiment ordered out tor SIX
months and in conformity wh he above cited authority
Il appears, by the mScr ro'is, that this regiment was
reg lar, inspected and mustered into service for SIX
months 10 wit the " enelh Of june, 1914 and ma
consequently their Of service txpred on the morn
ing Il HE twentieth OF Drctmher, 1914 " Tie absence
.r he lose
the highest evidence Only of he fact but o HE legal
presumption tina, the muster and inspection were made
with lie requisite authority
Bur ii is crcrmstance VI public and indspn'abe motto
riey, and which belong q ihe history II the ca nry
ttat C pipkn's detachment was mustered rto service
erprtalu tor months hy virtue OF an rider OF Governor
Isl ir s. da,ed tn eOh af Nav 1871. certified copy Of
shich, your Committee have tak"n els 70 p"cre that
may be placed the flies q this House, with the docn
mems from the War Depa tment.
This order recitei thai the DRAFT made in compliance
with the fequisition Of Major General nckney, and in
furlherance Of lie views \. Government, hya latitude
given 10 him Gov. III un') BY The Wac Department. n
regard II calls men 70 act agans the Creeks This
draft ordered endeayons OF the Goth Of June, 1914
at Fayetteville, Re nessee and med The identical de-
tac.nent u thousand me- he were afterwards pa
ced under the command ~ Col Ppkn, and stationed IN
The and ac,ml OF ta at the posts ~ the
Greek country And, ~ reference Gov Rlornts let.
Ter file 1gh October 1914 tNo I'D il will be seen that
he specially report ed ms RI in II thousand men,
to the Src etay nf War, az in scrs r months from
which Fact lie inference nsepaabe, hat the President
nsdered it legally service II was the boundn
duy Of The Secretary have ordered their immediate dis
cha, pc: which, j, no where appears thai he did IT,
the eore, any conf mapn wanted for the original
hurlty by which the draft made for MONTHS your
Committee consider hat Governor Bouns report of the
Ugh October and The implied sanction of the President,
nconestiby furnish it.
silly. Whether the soldiers OF Col. Pipkin's
regiment who were arraigned for certain crimes
before Court Martial, which convened at Mobile.
on the 9th Of December, 1914, were legally tried l;
and whether the commanding General, approving
Of the proceedings of this Court, properly exer.
ciscd the power and discretion vested in him by
law:
! BY reference to the proceedings of the Court
Martial in question, it will be seen, that two corn
mssoned officers, and about 200 of the non COM
missoned officers and pryatcs of Col. Pipkn's
regiment were tried for the most serious offences
which can be committed IN the military service Of
the county.
That these offences, FIRST consisted in g exciting
and causing mutiny;' secondl Y, in the commission
Of actual mutny accompanied by circumstances OF
aggravated robbery and spollation Of the public
; stores; and, thirdly, IN the crime of desertion
The two first Of these offences to wit: excit.
ing aud causing mutiny,o and actually committing
: mutiny. by forcing the guard, and seizing the
Gommissar,es storehouse and stores, at Fort Jack
son, were committed, the first, before the 10Th OF
September, 1914; and, second on the 18th Of
September. 1915 and before even three months
serrice Of this detachment Ind expired. That
some Of the mutneers were deluded into belief
that they were about to be wron.fully detained in
r service, beyond the term for which they were le-
gally drafted, your committee think not improlIa.
BILE and those who thus likely to be lclutled
] tie Court recommended to the clemency O! the
commanding General, who, it appears, parlonet
. them; and that all the rest Of the mutineers and
descrters condemned to trivial punlshments
:, neither affecting life limb, excepting six of the
, ringleaders, to wit: David Morrow, a sergeant in
( Capt. strother's Company, Jacob Webb, Johr
y Harris. lIenry Lewis. David Hunt. ard Edwart