The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-07-13


to be duly executed and the use of the mill
tia so to be called forth, may be continued
if necessary, until the expiration of thirty days
after the commencement of the then next ses-
sion of Congress; provided, that whenever 1t
may be necessary, in the Judgment OF the Pre-
sident, to use the military force thus called forth
he shall, forthwith, by proclamation, command
such insurgents to dispense and retire peace
ably to their respective aboles, within limited
time and provided also, that the militia which
the President is then authorised to call forth be
of the Active, or of the Active and Sedentary
forces, when such force or forces of the State,
or of the neighboring States, shall be, in his
opinion. sufficient. and when not, then such
portion of the Mass as he shall deem neces-
sary.
18th Section. That every officer, non-com-
mssioned officer, artifcer, musician, or private
Of the militia, who shall fail to obey the orders
OF the United States, in the case provided, Tor
calling forth the Active force, or parts thereof,
I'm the 47th head0 shall be fined, and forfeit l..
sum not exceeding three months pay, nor less
than half a months pay, according to the cir
cumstances OF the case, as Court Martial may
determine /; and that every officer, non-colnmis-
stoned officer, artihcer, musician or private,
of the militia, who shall fail to obey the or
ders of the President of the United States in any
of the cases cited in the 18th 18th heads, shall
forfeit sum not exceeding one years pay, and
not less than one months pay, to be determined
and adiudged according to the circumstances of
the case by Court Martial and such officer
SHALL moreover, be liable to be cashiered by sem
tence of Court Martial, and be incapacitated
from holding commission IN the militia Tor
the term Of four years; at the discretion of the
said Court, and such n-commissioned officers
and privates shall be liable to be IMPRISON-
ED by the sentence of a COURT MARTIAL,
on failure Of the payment of Fines adjudged
against them, for ONE CALENDAR MONTH,
for every five dollars of such fine.
18th Section. That all the fines assessed, as
described in the preceding head, shall be certi-
fed by the officer ordering the Court, or the
revising authority Of the proceedings OF the
Court Martini having approved Of the same to
the marshal of the district, in which the deliD-.
quent shall reside, or to one of his deputies, and
take a receipt from the said marshal or deputy,
as the case may be, for the same; which receipt
81 duplicate, of the certificate furnished, he
shall transmit for record to the adjutant gene
raj of the militia of the u. States that the
marshal, or his deputy, having received the said
certificate, shall forthwith proceed to levy the
said fines, with costs, by distress and sale of the
goods and chattels of the delinquent; which
costs and the manner of proceeding with respect
to the sale Of the good distrained, shall be agree
able to the laws of the State, in which the same
shall be, as in other cases of distress, and when
any non-commissioned officer or private shall be
adiudged to suffer imprisonment: there being no
goods or chattels to be found whereon to levy
the said fines, the marshal of the district or his
deputy, shall commit such delinquent to JAIL
during the term, for which he shall be so ae-
Judged to IMPRISONMENT, OF until the fine
shall be paid, IN the same manner as other per-
sons condemned to fine and Imprisonment, at the
suit of the United States, may be committed.
The 20th section provides, That the Militia
of the United States, or any portion thereof
schcr employed IL. the service Of the United
States, shall be subject to the SAME RULES
AND ARTICLES OF VAR AS THE
TROOPS OF THE UNITED STATESH
These extracts show that the militia thus to
be called into the service under the 'plan" so
strongly recommended, were to
1st, provide themselves with arms and accou-
trements.
Secondly, the Office Holders are exempss!!
Thirdly, they are to be called out under the
authority Of the President, to enforce any law
the execution whereof may be resisted by any
STArE!
Fourthly, they subject to such regulations
for their instruction and discipline as the Presi-
dent may prescribe!
Filthy, they are liable to fine and imprison-
ment at the tcA ofa Court .Martiattt
Sixthly, They are subject to the RULES
AND ARTICLES OF WAR, the same as
REGULAR SOLDIERS OF THE UNITED
Now, that our readers may see what one of
the regulations prescribed Is, we quote the 5th
rule of the standing regulations of the War De-
partment. 1t is as follows:
cart. 5. Any officer or soldier, who shall use
contemptuous disrespectful words against the
President of the United States, the Vice Presi-
dent thereof against the Congress OF the United
States, or against the Chief Magistrate Of any
of the United States in which they may be quar-
tered; If commissioned officer, shall be cashier
ed or otherwise punished, as a court martial shall
direct; if non-commissioned officer or soldier,
he shall suffer such punishment as shall be inaict
ed on him by the sentence of court martial"
Yes! BY this plan, so strongly recommended
by Mr. Van Buren,, the citizen is required to arm
himself at his own expense-to march at a mo-
ments warning, at the order of the President,
against the authorities Of his own State, and for
a failure TO do So, or for daring to express an
opinion against the legality of the 'President's
he may be immured in prison at the
pleasure of court martial, appointed by the
President!
The Sedition Law which overthrow the elder
Adams, gave to citizens the benefit of civil trial
and jury; but this bill declares martial law,
abolshes the trial by jury, and puts 100000 cit.
liens, even in time of peace, under the absolute
control of the President, with power to punish
them at the discretion of court martial, if they
dare in any manner, use s'disrespectfuln words
against him!! Who knows what may be the
etiquette of this court9 What words are to be
considered respectful to his MAJESTY MARTIN
the 1st?
look around me in amazement! wonder II
it be possible that live in the land of Henry, of
Hancock, of Greene, of Sumpter, and Of Marion.
Where are the States rights men who rallied
with me against the proclamation and the