Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-12-31
Ellerboroughs charge in The celebrated case Of Go
vernon Wall that we cannot do better than quote the

EI,erhorouuhs cna,ra IN The celebrated case CT CO.
vernon WALL that we cannot do better than quoe nc
passage. :, a.,
a,e n,nv no. be c;rcunsc nces! i'll he for Governor
Wall 10 s,op; That such circumstances exis.ed-which
may constitute Sufficient, adequate and tnt dgenee'
for military Officer IL Tie lnilcion Of punishment
without either general or regiHentai court matua
for r there be that degree of imminent necessity, winch
supsrsedes the recourse 10 any ordinary tFbunai.-
there he actually existing tia; fragrant mutinY, winch
must either be suppressed b. force, and by The Ine
date though irregular application OF serere punishment
or must be left rage uncontrolled al the utmost peru
of public sare.y-that which was just now prouounc
ing to be Irregular becomes, (f the more regular and
OF proceeding, IN such cases. cannon
be resorled to- itself regular and capable OF being JUS
tilted upon every principle of public duty; TOT u M
ports the public safety, that the means OF resisting 1h
enormous and overbeuring evil should be as strong,
sudden and capable Of application, as The evil I;sei Is
cnpabe of immediate mschievous effect and # this has
been The case here, will carry lis ow Justification
sit will be most important for the prisoner, to estab
fish, that there existed, in point OF iac nunv when
he has established point of fact that there existed
mutiny-if he 90 farther, and show ;ot the ordina.
nv modes OF trial could not be resored to-and mat
upon conference with the officers that which, On the
emergency, was thought beet to be done, was done
and that there was no wanton abuse OF power IN the
;,6;ct;on of punshment the prisoner viii be entitled
TO 30 quit Of the charge made upon him. by THIS ncic-
meEt." ;,
In similar strain is the charge OF Lord Macdonald,
from which we also make bret extract:
uWhen n well-irte ntnned officer IS at great ois-
tance from his native country, having charge o. Num-
Der of that country, and shall so happen that crcum'
stances arise which may alarm ard dtSHTO Inc strongest
mind it not proper that s!rlciness und rgor, IN
forms and in matters OF that SORT, should &c required,
when YOU find real, true und genuine intention oi
acting for the Jes; for the sake of the public You see
they are situation distant from assistance and ad
vice. in these circumstances, If man should be so
much thrown off TIE balance of his understanding, rs
not 10 conduct himself with The same care and attention,
that any one i'm the county of hIddesex would be re-
oured To do md docs not exceed greatly The proper
line ofhis duty for such circumstances ought
unqucslionaby 10 be given 10 him.
1t is related that regiment IN state OF mu'ny' re-
fused TO receive their pay do any duy the was
naraded the senior officer drew his sword and gong
TO the RICH, of the regiment, offered the pay 10 the
rght-hand man, who refused IT. upon which ne cut nun
down. after which the rest Of the men returned 70 er
duty Immediately.
Among the cases which have, under peculiar CIR
cumslanccs called for capital punishment, the following
| il recorded .
"Col. Kelley, commanding detachment in the East
indies the discovery of mutlny IN one OF ms pat
,aons fonented by The native officers, ordered the
troops immediately under arms, and assembling taa
or drumh,ad court MARTIAL seized at the head OF ms
battalion The person of the native commandan' ana ea
him instant trial; and, convction oil the accused
by the court, winch followed, ordered the offender,
without any time for preparation for so awful an enc
to be blown away from gun. This timely execution
struck such terror through the ranks that no punish
necessary 10 break the conletcracy the ooay
Of The munees beng aifr;gh,ed from their purpose by
! the fate of their head. Spectator.
NlARIxEs.-The late tragedy board the Somers,
proves that an adequate guard of Marines cannot be
dispensed with on board vessels of war We hope that
hereafter more importance will be attached TO this use
in but neglected corps, and that theorists IN Office VIII
have more respect for experience than for their ne"
| tangled nolious-Ib