Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-12-06
From the Richmond TYhig, December 2.
GOVERNORS MESSAGE.
Co,ci,isigd
/ Concluded

tiaI for the trial OF Militia Ohcers, nave ioaou
some d,ffic ulty in reeoncilins the provisions OF
the 10Th and 55,h SECTIONS of the militia act Of
1919, which prescribe the time ana manner OF
taking the oaths Of office by militia officers, pre-
vious TO entering upon The discharge OF their
au,irs re.pec,iyely; 10 which ! now invite the
attention OF the Gencral Assembly. lndepen-
IDENTIFY Of some seeming difference in the ex-
nressions of these sections, there is general',
aud uncertainty in parts Of the language used
in them, which, in my Judgment, are too vague
for the precise definitions required in penal sta
,u,es. These sections particularly, and per-
h,,s the Whole militia laws, call for revision,
and certain parts for further legislative provi'
s;ons. The papers which gave rise TO these
difficulties, are filed in the Adjutant Geoerars
Office, and will give full view OF the whole
subject. I, has been my good fortune, since
came into office. not to have been formally eal'
ed upon to order courts martial Tor ne trial o.
militia officers, except in the case before aliud-
ed 10; and after the most attentive exami"a'toh
oS ali the papers in that case, taken in connec =
lion with those parts Of tie militia laws TO
which ,hev relate, did not think them suffi>
Gent TO Justify me in ordering the Court Mar
,ial called for, and forthwith discharged he ar
est. Informal requests for Courts Martial
ave been returned, and except in the foregoing
case, have not reappeared
In consequence Of the power conferred upon the
Governor in the same act, have been called
mon by Colonel M'CanGlish of the 6sIh regi-
men,, at the ms ance OF Capt Richardson OF
the same regiment, to order court OF enquiry
grounded upon imputations charged TO have
been brough, against him by Lieut. Col Han
kins.-In my reply TO Col. M'Candlish's hrst
letter, l expressed some dOub's, whether tne
Governor possessed the power OF orderng
Courts of Enqsiry, upon the request oil militia
officer in time of peace, returned Capt. Richard
SOS papers on az count Of their nformali,y,
and suggested the proprirty ofhis adjusting the
matter with Lieut. Col. Hawkins IN some miIder
mode, than military euquiry-but upon being
,,,rised of the contents of my letter, Cap ain
Richardson persevered in his reques', Though
Colon M'Candlish, & accompanied 1t with the
necessary affidavit. l immediately took the
subrct into consideration, and being conhrmed
in the opinion that the Governor was not III
vested by law with the power bordering courts
Of enquiry, at the request OF mlliia othcers, IN
time Of peace, but willing 10 &c, the best ad'ice
upon that subject. consulted both the AdJutant
aud Attorney General, upon the point. The
Ad;utant General admitted there was no such
mower given by the militia laws; but in,ma,ed
The opinion that the power might be assumed,
as necessary inherent power, suggesting at
the same time a doubt, whether the auditor
would allow the expence of such court OF Tn
opiry. The Attorney General entirely corcur-
red with me in opinion; hat the Governor OF
VIRGINIA, had no power by law 10 order courts
of enquiry upon the requests OF militia otic-
GER, ia iin1e peace and believing myself that all
inherent or constructive powers assumed De-
yond an actual necessary case OF sell defence,
are nothing less, than assumptions under false
names, and DISCUSSES, refused to order the
cour, of enquiry, and determined TO submit the
rase TO the better Judgment Of the General
Assembly
would briefly remark, that, in time Of peace,
Iconsidrr militia officer, as "a ei,iz,n merely
in his civil character, and in time OF war, when
called into active service, he is subject TO the
rules and articles Of war-whilst In actual SER
vice only, can he assume the character OF a
"cilizen soldier.
| forward herewith copies Of letters from
8rigadiar Generals Chamberlain Jones and
Edward c. Darlington, containing The resigna-
tons Of their respective commissions, @hich
have been accepted.
During the present year, all The remaining
claims Of this state upon the General Govern
melt, for advances during the la'e war, amount
ing 10 above $4,000, have been finally adjusted
and paid. The oor,ios Of arms allotted To this
State. under the law of the United States for
arm,Dg The whole militia, has been received
and deposited in the armory. II was thought
advisable by the Executive Coshcll, to request
through the Adju,an, General, communication
of a certain number Of muskeis, for rife, and
pistols, which reques, was promptly granted
by the War Department. The whole Of the
arms received, as far as they have been exam
iued, are represented to be new, and OF the best
quality AS an act of justice TO the admins
traitors Of the General Government, take plea
sure in informing the General Assembly that
in all the Intercourse, which has taken place
between them, and myself, in behalf OF this
state, since came into Office, the most prompt
and espectgul attention has been given TO this
state, on the part Of that government; and all
our reasonable claims and requests have been
granted with hberaliy ami promPti'ude, aud
il affords me additional pleasure TO state that