Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-04-10
whole No. l47l.

blame, or legal impeachment. As the crimes
tor which these unfsstuaate human beings suf.
fered death, were committed before three
months Of their term OF service had expired ana
by The 18th section OF the sct Of the 18Th A.
priy 1914. which was then IN full force. and
which provides, sstbat any commissioned off,.
Ger, non commissioned officer. musician, o.
private, OF the militia OF the United statez, who
shall have committed an offence, while Ia actual
service of the United States, may be tried and
punished tor the same, although his term Of
service may have expired, ia like manner rs if
actually IN the service of the United States;" 10
-, therefore. obvious that these men could be-
legally detained for trial and punishment. even
4 .ney could have been considered as IN service
but Tor thtee months.
That they had fair and impartial trial, your
COMMITTEES see no reason to doubt. and the nero
fact OF their jurors being their own efhcerss
fehow -eitixens and probabiy. neighbors, se-
cured the presence Of that sympathy which
iesdsto the most merciful Interpretation where
u - just 10 spplS I'D Of the conduct and mo-
tiyes ct others.
That Gen. jackson commanding in chief in
the Military DIVISION. in which these events
TRANSFERRED. properly exercised the power and
discretion vested IN him, BY law, by approving
the proceedings ct this Court. your committee
l'kewises perceive no reason TO doubt It 10
true, that they were approved on the 22d az
January, fourteen days after he victory Of the
9th, BY which the cnemy had been rcpuIsed
from the Mssissipp,. --But the General was, a.
this Tune, ignorant OF the pacihcation ct Chents
and, moreover, mus, have been apprised thae
part OF the enemy had gone round, and con-
censrated h's forces IN the nelghbourhood u
Mobile, IN that very vicinity where these out
ragsous acts Of insubordinatiun. mutiny, and
deser,on, had taken place That such con.
cen,fst.on Of the enemy forces was effected,
- a fact beyond NIL dispute. on the ilth of
February, Fort boyer was attacked and captus.
ed.
The Commanding General must also have
known that il was on volunteer or militia dratts
the defence Ut the Southern coast would revts
while the tfsgrant nutinies and desertions in
the campaign Ut 1913, OF the militia drafts Of
that year, must have sdmonished him OF sho
necessity vt striking severe. yea salutary. On.
ample IN the minds OF .hose who were liable 10
be misled.
Although the clemency Of The General wss
not invoked by the Court, Il is true, he night
have psrdoned these victims ot their own crimess
but there are OCCASIONS when mercy 10 but q
bother name ios weakness when even . severe
and unaiierabic h,mness. in the discharge OF
our duty, is the most perfect Justice we can
render to our country.
Tie examples ct sh,s stern and enlightened
justice, are scattered throughout the pages Of
b,stury, not Tor she adherence. but the res.
peel OF mapkiad; they are found, not only in
the most instructive morals which the lessous
of antiquity afford, but they illustrate the in.
comparable services ofhim who was. end ever
will be yencrated. as SHE Father OF our Coun.
try
IN conclusion, your Committee win barely
rcaiark, that as The acts OF 1879 and 1914 en-.
pred, the one by its own limitation, and the
other BY the termination OF the war, they sac
nothing IN the transaction, which il has been
their dusy to examine. from its origin to its
close. WHICH calls tor the Legislative interference
Of th's House, ~ the shape Of any amendment
TO the Rules and Articles Of War. or to the ex-
'st'ng laws governing the ml'tis, whilst in the
service of the u States.