The Western Register and Terre-Haute advertiser, Volume 4, Number 36, Terre Haute, Vigo County, 1 December 1827 — Page 1

Clinton-1) DM°^ ^pne-Mcsrs Collett Hill, 'Vcreek—TamwChesnnt. I.izuma-Joseph Hayes esq. •ckvi'le-Wallice Rea e^. •icon's Mills Dickson Jr. r:\wtorilsville—Isaac

t,ica_U'tn

5 Mr. Clay's appeal to the House Representatives, calling for a comittee of investigation— 6 Report of the committee, of tadi Mr P.P. Harbour of Virginia ".s chairman

Mr. Clay's nomination to the enate and the vote thereof)— Carter Br* crly's celebrated a'ettevillo letter in which he give* eral .Jackson's accustory murks is own house ''before ail his com

i:','11—

Gen. Jackson's letter to Carter evcrly—

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tiik REGISTER

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TEUX

TADVERTISEI?

rnrffH UJt

at Terre-IIaute, Vigo

Is.p,.,non

Saturdays, at (wo dollars

11 ,!i

'me if paid in advance two i1,r"wMiltycc.,ts. if paid when '.ime is

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U"ui',irs

completed or,

if paid when fifty two

^'bnve bwn furnished «\o subscription will be d,scon •il 'unless at the option of the rV'i'iClall arrearages are paid '"inVKRTISE^IENTS. will be

AD' r\no* llnll'.lt*

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opinion*!)' insortna at one doU»r rare for thiee weeks, and "v.'jive cent« per square for each w'ntteertioiV AH A^ertise it", ffill be continued until they

S!«i. ire«'ll

work

n'jr'thc foJIowinjs gentlemen will :,«, act agents for the ReHiev Shall be liberally remitfral'p',1 for any scryiccs^hey may mler

Eistoa.

Crumpton.

Fayellc—'IVm Smith. •isevillfi—Col Thos ^mith •wvil!e »Vm Kilgore. [,roni~Sam iel Cohnan esq. J* ^lisla Or Job Raker.

.•wines-Wm Mieure,

a=hiucrton-—Seth lloddie.k esq*

Important Puuiphict.

We havfi collected the charges ainst Chv in ail their forms beginwith Kretner's and have emboli them with the responses in ,n pli!et form which may now be at the office of the Bal'iinore jtriot. The work is arranged as Slows: 1 Mr Clnv's letter to Juu^f roo\?e of Virginia, giving his re ns lvr Ins intended vote lor Mr darns-^-2 Ivremer's charges in a letter to 0 editor of the Columbian Obserer^t Philadelphia. 3 Mr Clay's card— "f •1 George Krpmer's card—

S3%

10. Mr C'ay's reply —4H',

tien Jackson's reply to Mr '•iy in which he gives up James 'ichanan- a member of Congress ,orn P^nsylvania as his author for assertion about biibery, common, *. «'f

Mr. ^urhnnan's reply, which -tlually prostrates to the ear'h evimputation against 31r Clay and -inends— "/"r*?

1 CI Tl. '%8' l}-

Mr Clay's Masterly speech at Lexington dinnf r, in which he es a vivid and full view of the 'l!°!e ground.

his is one of tta most interes'ing "nportarit publication- that is to

0,lnd

in the history of American ICS kX 1 rice 12^ ccnts single, a lib-

discount to those lu purchase

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quantify for distribution. ...

persons are

supply

hereby fore

from

ui(l

purchasins a note of

ail! !'V

the subscribers in

S- U. Hicks, Imp

1 1 6 a

'Mj abouts, payah'" cn or Jibont

Ill- ]f f|,

January ..ext, as a !e-

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be made against tin

'0I! want nf consiilcration

•UMKS STRAIN. Wm. STRAIN. 'SAM'L. STRAIN.

12 1

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lKKDS

quire,

for^ale at thtspffipe, -j

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THE SIX MILITIA MEN The Nashville Committee have e\ amined the stale of the facts, in reh tion to the execution jfthe six mii.i ti\ hie.v, at Mobile. early in February, 1815. by order of Major Gen eral Andrew Jackson* commanding: the 7th Military district The circumstances having been promulgated in dissnltorv form, in the various Ga zettes, the Com ittee haw* thought proper succinctly to enibodv and

submit them to the people of the u-

I' is a well known fact, that such was the frequency of desertion from militia service, within Gen Jacksuri's command in the South dining the years 18 Id, as lobe greatly prejudicial to the. service, and tended much to ernbarrafs the success of the armv in that quartets ^o mi litia soldier for ca son lenity produ ed insubordination to a considerable extent, amongst a certain portion of the militia troops, who had been coerced into service by draft, and in the end. was a principal cause of one of the most dangerous

the troops with bread, were

broken up and demolished sentinels were assailed a*id driven from their posts, and the authority of officers put at open, wanton defiance on the morning of the

c20th

of Sepletnoer,

two hundred of those militia deserted and commenced their march homeward Some wire arrested and brought back—-others,"-convinced that they had erred, voluntarily re turned to their posts and duty. or their trial not a Regimental but a General Court Martial was convened with authority to investigate the circumstances of their conduct, and to decide upon their guilt or innocence.

On the 21st ol November, 1314, upon information lodged by Colonel Pipkin, to whose Regiment the mutinous troops belonged, an oilier was issued from the Adjutant General office, of which the following is a copy ?Y'*,

Adjutant General's ojjlce. JYovember* 1, 181-1.

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tern RegisterTerre

itia soldier for mere des'-ition was sign for tlmt p*rpose :aj)itally punished, witliin Gen .lack- (Signed,) Rj. ARBUCKLE, oil's command, during the this Lient Col I'ominnndiHg

mutinies, in a detachment oi the southern army, that, perhaps has e« -. ij

by many persons, at a distance from tinucd the point where the facts occurred. Amongst the people of Tennessee where the offenders resided, it is confidently believed, but one opinion has prevailed, which is, thai an example was indivpensible, and that the Commanding General could not cou-

kten.lv with hi. duty,too done oth-

rwise, than confirm the |udgment of the court martial In th^ summer of 1814, a detach meat of militia fr»m Tennessee, was ordered out for a period months, to be computed from the tune they should rendezvous and be mustered into service this happened on the 20th of June, arid of consequence, the expiration of the lime was limited to the .Oth of December, 13 14 when bv Ihe terms of the agreement, their •service would expire Between the th and 120th of September, and be fore the expiration of even three month'', a mutiny broke out many violent, ritorous and insubordiate acts took place. The commissary's store house in which were the provisions for the army, collected nf great troub le and expense was forcibly entered, and such articles, as by the mutineers were deemed necessary for subsistence, on their return march, were seized and taken -possession of—the *ke house and ovens necessary to

Head ({uurters. Ilk Military District.

A GENERAL COURT MARTIAL, to consist of IT VE members and two supernumeraries will convene at Mobile, at such time as Lieu tenant ArbuckJe shall direct, for the trial of such militia prisoners as may be brought before it Col

kins is hereby appointed President of the court, &. Lieutenant W. Robeson, of the 3d Regt Infantry, will act ^s Judge Advocate Col. Pipkin of the Jst Hag VV T. Militia, will detail the members from the state troops at and near Fort Montgomery order on all the witnesses necessary tor the trial of the prisoners ot his re^iuv

to party tool of power"—Nor slave to Minion? ot an ho^

TERRF.-TUTTTE, VIGO COTTNTY, INDIANA, DECKVIBR.'

ml at this place also furrtisti specifi'j •••barges against them and lastlv, will •totify Lieut Col Arbuckle of the urobabie time they will reach thipoint to enable him to regulate the hour of sitting. By command. «, (Signed.)

ROBER BUTLER. Mj Gp» The court martial in pursuance the above order from Head Quar

court rendered full and complete through Col Pipkin, who. order of the commanding General, had been directed to do so, on the 5th of December, for the purpose of proceeding with the trial, was convened under the following order:,

Orders:

THE GENERAL COURT MARTIAL, of hich Col Perkins has been appointed President, will convene at 11 o'clock, on the 6th instant, at such Quarters as the Assistant Dep Qi. Mastpr General may as.j

The following entrv, consequent upon the preceding order, is taken from the official and original pro ceedings of the court '•The couit met in pur nance of the preceding order, present, J/ieut Col. Perkins. I,reident Maj- \S il-

er been witnessed in any descri tion more, Cap^ Wm McKay and Lieuof military forre and which le.d to tenant Jmes Boyd, Members Lieut the trial, conviction and execution of j)

£j Smart. Capt. James Black

John Harris and his live principal as-j Williams, Supernumeraries sociates- a The organizing this court martial, The extent and imposing character was amongst the last arts of General of this mutiny, with its suppression Jackon. at this point for on the day the arrest of the offenders, their trial, after it issued. the22d of November, conviction, with the punishment of bp set out for the Mississippi on the Harris and his five principal associ- jjrt of December reached New Orates in the -mutiny and desertion, leans, here, until ihe annunciation seems to be greatly misunderstood of

id Mitchell and Etisgn James Ii

peace

his Head Quarters were con

The court proceeded in their examination of the prisoners, until the whole were disposed of. Six of the ring leaders, and principals in the mutiny were found guilty and sentenced to death the residue to have

ccu to ueain ine resiuui:

ommanaing '^enerai cnuiu fioi run- their p. stopped, and their heads' S

ialf „«!.

Brigadier Onera

.c ...<p></p>V,"-" .. »a I'fincunrt

l\ n,Chester, at tins time coomu.ii .id

at Mobile nevertheless the proceedings were sent to eral Jacksoi., hi- superior at New Orleans, for inspection and approval by him the! sc .fence, as to the six was approved and ordered to be carried into effect, in four davs after his approval should have bee:' announced in general order, at Mobile the others were pardoned and honorably discharged lie above proceedings will show, -utisfac ori!v, that here was a GENERAL OURT MARTIAL, and not a "Garrison or Regimental one as has been charged It consisted of the requisite and legal number to con stifute a court and being composed of Militia Officers, nothing of bias, or i"justice tow irds the prisoners can be imputed It seems difficult to perceive, how any one could have mistaken this for a 'Regimental or Garrison Court Martial," when, ii'iini the face of tlve order constitu ting the court, it is -evident, it cou'd be no other than a GENERAL COURT MARTIAL Under all ihe rcuinstances of the case the ovr- found the prisoners gniity, while General Jacksou did nothing more than approve the proc.ee -ings or in other words, to withhold the exercise of the pardoning powcr which b) la\v rested with him. 1 O 1st. By some, it has been insisted, (hat the court was incompetent—that the number composing it should have been thirteen and as it did no-t'pon-

M^t of this number- therefore it is maintained to have been illegally constituted, and, consequently that its proceedings were void-

Courts martial may consist of any number of commissioned officers from to 13, (see the fj4th article of the rule? and regulations ol war,) and such court will be legal It should, though, consist of thirteen, where such number of officers can be ha without injury to the public service otherwise any number, not less than five, will answer—such is the law upon this subject.

The committee slate, as an dis putable matter of fact, that such was the pressure of the moment, and the scarcity of officers, that, even, organized as the court was, of seven, that

*[n the first publication made by the committee, through some erioi of the pres the names of two of the court to wit: Capt McKay and Lieut Boyd were omitted also, Capt Blackmore was miscalled, Blackman

iii

This mistake, however, was after wards corrected iu the Nashville Republican and State Gazette.- y.

jU|.l (PJID-JJ

number could with difficulty b-e spar •id the public service The attack vhich in August, had b3en made up on Mobile Point, by a Biitish squadron the reduction ofPensacoIa. and dislodgment of the enemy there is November together with the pre vailing rumors and opinions, that descent was to be expected on th •southern coast, all pointed to the ne cessity of keeping overy officer at hi" post and to the necessity too, of naving the trials of the prisoners progressed with, that their example might not prove of pernicious effect to o'hers Indeed, not a week lapsed, before a British tleet anchored off Cat Island and in a few days thereafter, to wit on the 14th of December, our Gun Boats on Lake Borne, near New-Orleans constituting our only marine defence in that quarter, were captured and destro ed Even to this time, the troops from East Tennessee and Georgia, had not arrived. The regiment of Colonel Pipkin, constituted the principal reliance to garrson the posts and to hold in check the reek Indians, who stood ready for revolt on the first appearance of a Birish force These facts and circumstances go clearly to show, that a greater number of officers could not have been spared from public service Indeed,IGeneral Jackson had alrea dy departed from Mobile to INewOrieans, so urgent did matters appear to him, and had confided the tilling up the court to Colonel Pip kin Towards the men composi 'g his own ragitnent, Colonel Pipkin could feel no prejudice, nor entertain a wish to deny them an impartial tri al he must have had every disposition to afford such a court as would ex te? to them equal and impartial justice. i2nd Object ion. That no person can be sentenced to death but by the co 11 in nee of two thirds of the couit To this objection, there is but one reply***the sentence of the court, as the committee arc advised was altogether unanimous On the

ronn ien

*'J

rison or llegimentul Court ftlartial.

which Dyihe rule- and articles of war. had not the right and power to try for capital offences Jt was neither the one nor the other but as the lanixua^e of the order imports, a GE N E COURT MA UTIAL. 4th Objection That peace had been restored--the battle of the 3th of January gained—all danger past, and hence there was no necessity for example's: or for enforcing rigid and exact rules Peace had not en restored It is true the battle of Or leans had been won. hut at what new point the enemy might strike, and when was altogether uncertain Indeed, it was only on the 18th of Jan. that the enemy abandoned the Mississippi Fort iloyer was assailed and captured on the 11th of February It was not until the 10th of 1' ebruary, 1815, that rumors of peace were communicated to Gen Jackson al New Orleans, through the medium the enemy's fleet. For some time af cr the British had retired from N Orleans, the Commanding General, distrusting the intelligence ol peace was constrained to adopt every precaution, lest an attack m:ght be made at some unguarded point and an advantage obtained His antcipations were correct for shortly afterwards, Mobile Point/was assailed and carried. Surely, then, it was not a time, when any thing of mutiny and desertion, should have been en conraged, through lenity on the part of the Commanding General 5th Objection The.I««tobjection taken which will be noticed, is, that those men were in service under, and in pursuance of the act of Congress of I79o and that consequently. they could be detained only for a tour of three months service and that to punish them was improper and against law

This argument is erroneous Sc un tenable throughout as will be shown: but for a moment, suppose it to be true as stated, the answer is, that admitting this to have been actually the case, that they were in service but for three months, it can in no wise vary the question, as the mutinous acts charged on the prisoners, took place before the 20th of September, and consequently, before the exp ra lion of three months from the 2uh of June, at which time they were mustered into service. Even *jpoii this ground, there was guilt The mutiny, riot, and insubordination complained of, being within the three months, the period for which, as it is said, they were in service un^or tn«

-h

user.

V-? I 1 X*'K-

act of J79.1, consented Off en gainst the recognized laws ot country, and were punishable 'But it is not true, that those meiu vvere called into service for three months. Tbev •vcm called upon anl. mustered for SIX -ION HIS, rights fully and agrecao! to law and not*, only wiff this be made manifest by incontestible documents, but likewise that they themselves were fully ap~»' prised that such was the fact it is: correct, as has oeen stated by thoso who object to the conduct, of General Jackson, that in virtue of any pow-fS er, which the Governor of a Statc-^'' can exercise, a part from the gener-'. al government, militia (win be ordered to the field, and detained there, but for three months: yet. iu virtue' of several acts,of Congress, the last ot which was past and approved on the 18th of April, 1314, the President of the United St tes was authorsed to cali into active service, the miliiia, for any length of time, not. exceeding six mouths In pursuance of this authority, the President by j® his proper org m, the Secretary of' War, empowered the Governor of' Tennessee to act in his stead, in cal 'ngthe militia into actual service,, as will appear by the following j?ec- -S tion of the act of Congress and letters from the Secretary ot W*r. ''CHAP IE.I 130. r-

Jln act in further addition to an act entitled an act move effectual! provide for the national dej'-:uc« t)u cstpblithittgun uniform militia, throughout the United

Section 8. Jimi be it fin (her cn~ That ihe miiitia, when called into the service of the United States, by virtue of ttie beforo recited act, may, if in ihe opinion of the g! President of the United '-tales, the public interest require it, be compelted tp services for a term not exfeeding six mouths after their arrival at the place of rendezvous, in any one er &

ce ot.two tin I lis ,•

/.nmn.in.'Pfl concurre! ce of.two thirds

«f

Th lt it lvaK a Cat

If'ur iJypartr.ieut,-fun 11th, 1814.

Sir:-- Vou are authorized to sup-|^ ply by mdilia drafts or vol'in- %4 teers. any deficiency wijicn may arise in the miiitia divisions undt the command of Maj General U:-on, and without referring on this head, to this Department

It may be well that your excellency consult General Pinckney on -nch occasions, as he can De.stjudgr .Ix.1 kwhoie number necessary to tne atr, tainment of the public objf cts (Signed,) ARMSTRONG ««.f

(COPY.)

iifVar

Department, Jan 31 st IS 14. Sir—I had the honor to receive your Excellency's let er ot the 5tU instant* My letter of the 11th will have anticipated your inquiries relafive to further detachments of militia The attention of ihe Paymaster of the army will be particularly directed to the payment of the troops vho have been iu service from 1'ennessee.

I have the honor to be, very respectfully, your E .cellency's most obedient servant. •i (Signed.) 2' I

JO'i?f ARMSTSRONG'*

His Ejccetiency, VV ou «T, Governor of Tetin." ''The above two letters are true copies from the files in my possession.Sept 2nth, 1827 (Signed,) W BLOUNT,

Late Governor of tennesspe*

It was impracticable, situated as were the affairs of this country, du-

rjMtr

the war, that special and particular orders could be made out and forwarded to the Governors ot the respective states, ready, and calculated to meet every particular exi-. .rency that might arise in the progress of the war Where the enemymight appear, and when, and hence, tor what definite period of time, militia service might be required, were matters, so wholly dependent on the movements of the enemy that the distance at which the General! Government was placed, rendered it expedient, and indeed indispensable that something of enlarged and general powers should be confided to the state executives, and more particularly to the executives of Tennessee. which was far distant from* the

seat

of the General Government,

For this reason, doubtless, and for none other, did. President Madison, cause the above order to be issued to Willie Blount, Governor of the Stat| of Tennessee

By this act of Congress,* ami order of the Secretary ui ...ir, there was conferred, as full and ample powers on the Governor as the President himself possessed in relation to

calling

out the militia an order, al

together necessary, that in future, Uie riS^ue, danger, and trouble ot

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