Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1843-01-10

! .sr5ci. sni the varran, issued wilbou, TRIAL by
,ury or even heaungt isH unconstitutional 10
! 1ne f5t cnn,emp, Of couri, and commit without
usl' !. 1t unconstitutional TO hue Iaryuah Tor
non sppcarase,. without tiial' IL II, uen. 50 w
consiistoaai COT couu martial 10 issue It's sum
mons against delinquent ior aoa appedrfscs. and
ahef hea-tae aU fis srideas issue an execution fot
the fine p-e,cribsd by siafsief Where - the issue
Of fact to he found IN either Of these cases j. the
absence Of iurynt N an issue Of fact tu be trial by
jury By means. II u matter OF rerord.-
J HIS name u caed--he does not appeai-and he is
So recorded 1t is the same with the military man
his name Is called -he does not abswer-and he is
recorded as absent. No matter Il there are thou
sand witnesses to prove iha, he preseni.--he
must answer to his name, OF how shall It be known
that hc Is there When once recorded a. absent,
he is fined as matter Of course by tho statute
The clerk, the justice, the court martial does moi
fine him. He is nmenihlc at once hy the statute.
Bot the military court rnes even further thin this.
II allows twelve DAYS after the penalty Is incurred
7 in which he m,v tender his excuse and obtain its
remittance II i. no, sufficient thu, he have good
AMI Sufficient one and pocket II. leaving the com
mandinr officer without any knowledge OF it. lie
must exhibit il within the time specified. And even
after TIA, he may have a hearing before the court
and not I'LL then does ,,AeSeco,ion issue Is there
.n,,-;nr ,.,,,s,ifaa,f0 il all this, How dear
must the constitution be 10 those, who treat 1t with
the con,emp, Of turning their backs upon il. thrust
ing it fsghi, thit it may not he understood and
saved from perverson, while they are advocating its
righteous claims upon the hearts of,hc people. Let
no, those them who subject military duty, be
I led asrav by doctrines such these-docirines
promulgated either as errors adopted to blind,
hobbies ridden for popular favor.
As the statute gives to this department, authority
to issue such instructions as may be necessary, it
has though, proper and necessary, upon its own
sponsihili,v TO state generally the principles upon
which the recent Act is funded and to endeavor,
so far as in it lies to weaken the preudi"es and do
away with the errors which have been such serious
hinlrances in the maintenance ofdscplne and sub
ordination in duty. Other matters remain for future
instructions.
Upon the uniform militia depends the reputation
Of the state in IFS military arm and trust hev will
not be wanting. II, is not that other states possess
youth oftalens, energy Of character, and military
spirit beyond ourselves. II is not that the
willingness to exert these talents energy and
spirit does not exist. 1t is not that these green
hills and vallies have not heard in whispers the
names of spirits laid beneath Them that nerved the
arm and caused the sluggish pulse TO stnrt and
quicken into full and free and manly action in its
course, while the eve Ii, up with the spirit of days
which the military man must not name. 1t is
pot that the shouts upon these mountain tops and the
roar Of strife, with its accompanying echoes have
passed off with the smoke that succeeded them
The talent, the spirit erist. 1t remains only for
the energy Of character to be exered, to bring them
into action, and sho,e that they exist. Relying then
upon your concurrence and operation, strictly,
fithfully and freely exerted ii shall be no fault Of
thc COMMANDER III CDTrT, any uuPdit
that the law be not carried into full and energetic
operation.
F. w. HOPKINS,