Western Sun & General Advertiser, Volume 19, Number 9, Vincennes, Knox County, 5 April 1828 — Page 1

WESTERN SUN & GENERAL ADVERTISER

m BY ELII1U STOUT. VICEMSfSEfc, (llsi;.; ?.A 5 HJAY, A PHIL 5, 1823. Vol. 19. No. 9.

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TE.WVESXEE MILITIA MEX. Mr H A MIL i ON, from the com mil tec on military affairs, to which the subject had been referred, made the following report The committee on militaiy affairs, to whom were referred the documents communicated by the secretary of war, in obedience u the call of this house of the 16th ot Januaryjirel ative to the proceedings of a court martial, which commenced its silting at or near 'Mobile, on the 5th of December, IS 14, for the trial of certain Tennessee militia men, toge titer with the correspondence between the governor of that slate & the sect clary ot war, respecting the length of seivicc of militia drafts, of that state, during the late war REPORT: Tint, b'the reference to these papers to your committee, they have been unable to place any other construction on your older, than, iha it was the intention of the house that they should examine the same, and determine whethc- all the documents had been communicated, or were on tile in the department, necessary to a true unders'andi lg of the case tj w iich the call for these docu Vnm s is ippiicahK ; a a!, if any were want

mg, toascc.lam in whit manner tne deficient papers could be supple 1; and, in reporting up n the nature of the transactions, which

these papers disclose, to determine whether

the legislative interference of congress be nc without r.-f rrini:, on

cessa-y, as to any amendment, either of ihe ruh's and articles of war. or the laws governing the militia of the United States. In the discharge of this duty, your committee will proceed succintiy to state to the house, the character of the documents trans mitted by the department of war : the peii ods and even's to which they ate applictb'e : - the iaw and public exigency under which the governor of rennessec, during the latf war, ordered out the militia drafts of that

state, for the common defence of ur country :

(hat the tetter of the 3d of January, i8 4, has no bearing upon the drafts ot iniuiu, nic.i were afterwards made for six months, in the pt ogress of that year, by the governer ot 1 cnncssee, of which the regiment under the command of colonel Pipkin composed a part. A perusal of the correspondence juat recited, of the muster rolls ot the different companies of colonel Pipkin's regiment, and the proceedings of the court mariial wnich was convened ' at Mobile, on the 5th ot December, 18:4, for the tt ial of certain Tennessee militia men," present upon their face the following inquiries : 1st. Whether the governor of Tennessee, had the power to order out detachments of militia of that state fora&ix months' tour of service ? 2d'y. Whether colonel Pipkin's regiment was so ordered out, and in conformity wita such authority ? odiy. Whether the soldiers of this regi ment who were arraigned for certain crimes and offence before a court martial, which convened at Mobile on thu 5th December, 1814." were legally ttied ; and whether the

J commanding general, approving the proceed

ings ot this court, properly exercised the power and discretion vested in him by law ? In relation to trie first branch of the inqutt y, it wiil be proper to premise, that, on the lOih April, IS 12, in anticipation of the war about to take place, congress passed an act, which will be found in the 4th vol. of the Laws of the United States, page 406, which authuti; zes the president u to lequire ihe different executives of the stales, to organize their ic spective pioportions of one hundred thousand militia, and to call into service the whole, or a part of these quotas; which detachments were not compelled to serve longer in: u-six months, after they arrived at the place ofreli dczvous " This act was an enlargement of the act of 1795, which rcsiiictcd the service of the mi itia when called out by the authoiity of the United Siates, to three months The act of the loth April. I 8 I 2, expired by its own limitation on the 1 0th Ap'il. 1314 On the I 1th January, 1814. whiit however, this law was in full force, the then secretary of war, general Armstrong, wtote the letter, numbered 2. in the documents, to governor iJiount, which authorizes him "to supply by

mi. itia drafts, or by volunteers, any deficiency

which may arise in the miii'ia division unde

the command oi nnior genera! jac k-o;;,

fiartmrnt" ami liothci informs ;-ov. I'ihuin', that "it mav be well that your es :'.')! ic eonsult general rinknev on ... : h o- ,i: r.s, as he can best juc'e ot the wii-.-lc i. umber w.i

I'iNsin) t( 1 it' ?i 1 1 :. i ! 1 1 i :i t 'ii th;' r

Was ordered out tor six mouths, and in conformity with the above ched autboiity ? It appeal s, by the muster rolls, t hat this iegiment was icgularly inspected, and musteied i.;lo strvicc tor six months, town: on the 20th o! June, 18i4; and that, consequently, their urm of service expired on the morning ot the vOm December, 1814. In the absence of ail ether proof, these record. are to be considered as the highest evidence, not only of the fact, but of the legal piesumplion, that the muster and inspection were made with the requisite autboiity. But it is a circumstance of public and indisputable notoriety, ai.d one which belongs to the history of the country, that colonel Pipkin's detachment was mustered into service, exiressly for six months, by virtue of an order of governor Blount's, dated the 20th of May, 1814; a certified copy of which, your committee have taken steps to procuie, mat it msy be placed on the fnes of this houac, f;om the war departmentThis order recited that the draft was made in compliance " with the requisiti-.m of major general Pinckney, and in liutherancc of the

views of ihe government, in ugaid to calls for men to act against the Creeks." This j draft was ordered to rendezvous on thc2uth ot June, 1 8 1 4, at Favettevilie, i enuessee li j formed the identical detachment ol one thou sand men, who wcic afterwards placed under the command of colonel Pipkin, and stationed . in the summer and autumn ot that year, at ihe j posts in the Creek country And, by refer enee to governor Blount's letter of the i9'hi

October, i8i4, (No. I 1 ,) n will be seen that j

he specially reported this regiment of one thousand me;., to the secretary of war, as in service for ai'x months lrom which fact, the infeence is insepaiable, that the president considered it as legally in service, or it was the boimdcn duty of the secietaty to haie ordered their immediate discharge ; which, it no where appears that he ever did. If, there fore, any confirmation was wanted tor l lie o rigi .al authoii;y by vvh'.ch the draft w..s made for ix months, your committee cow-ider that governor Blount's repot t of 19: h October. St the implied sanction of the pi esident, incontcstibly In- nish it. 3d!y W tit t her the soldiers of colonel Pipkin's regiment, who wt re at l aigned for cer ;jin eiimes and offences before a court mar

i . . . . . . .

I , -1 i v h ; r h ri.tu r.t M Mt A I dn 1 r im 1 lit st h i it

old j D . ceuib'.; :r, !814. were legacy tiitd: and

! . I I . i ' i , n . i i " i 1 1 . , n . 1 1 . i : 1 1 1 n- it . 1 1 1 i L niUiifiLlriir

! 1) i i i

-Co

s ol this com r, pioperly i x r-

vci and cisciction vested in turn

j. .i i-. . 11.. tiO

jeets

Tins letter in the opinion of your coi..tniitee, ves'ed plenary power in governor Bi-Mint, until it was revoked, either by express orders, or by peace, to call out such militia drafts as, in his discretion, he might think necessary

44 for the attainment of the public objects,"

and lastly, the crimes and offences com - under the existing laws

mitted by a portion of ihe militia drafts so

ordered out, which produced a necessity for the examples which were made, and which are disclosed in the ptoceedini;s of the court martial, convened at or near Mobile, on ihe 5th of December, IS 14. The first criticism to which the correspn I nor t aMsmitt .d, in obedience to the or d r of t'ais h u e, by Ihe department of war, is lid) e. is ihe numciical classification, made

On ihe 18th of Apiil, 18 T 4, 4th vol. Laws,

of the United States, pf.ge 703. section 8, congress enacted lk that the militia, when called into the service ot the Uniied States, by ir uic of the before recited act, may, if, in the o pinion of the president of the United States, ihe public interest require it, be compelled to serve for a term not exceeding six months, at" tcr their arrival at the place of rendezvous, in anv one vcar." This law was to continue in

by that depaitment, of the letters composing j force dining the war.

this correspondence.

The secretary of war has transmitted 12 letters, which passed bet wet n the then se, cretary. gen. Armstrong, and govr. Iount Instead of commencing the seiies with the

After the passage of this act, it does not ap

pear that the president revoked the power which he had given to governor IJloui.t, by virtue of the letters of the secretary of war,

of the I 1th and 31st of January, 18 '4. hut he

letter first in date, by which the inducement ! seems to have been willing fiom his siience, woukl be shown for the reply this order is j coupled with the notorious fact gov. iiloynt's inverted, and the series commences with a i continuincr lo order out militia drafts, under

iv i ef'-t em-3 to the proceedings of the

crmi i no!'. ii..l in 'pits' ion, it will be seen, that iv.'o coi.imiv-ilor.ed officers, U. r.bou! two himb ed or ihe ; on -commissioned officers k pi i .aus ( i ccloiiei Pipkin's regiment, were tiitd lor the ioo;t seiii.us offences which can be ccmii.iiled ii the uiilivui y service of the coun 'i nal llie offences, first, consisted in " cxcitinr'and caii'm mui?.v sec ndlv, in the coin mission d an actual mutiny; accompan ied by c i t cumstances of aggravated roibeiy and spoliation of the public stores : and thirdly, in the crime ot des ition. The two first of these offences, to wit : 11 ex tiling mutiny," and actually committing mutiny, by forcing the guard, and seizing the commissurie's stottix use and stoics, ai fort Jackson, were committed the first, before the ly-h of September, '8 4: and, second, on the l'Jth of September, 1814; and before even three months srtvice of this d'tachmerit had exjiired. That some of the mutineers wcie delud d into a belief that they were a bout to be wrongfully detained in service, be

yond the term for which they were legally I

dialled, your committee think not improba hie ; and those who were thus like'v to be de lodcd. t lie court recommended to the clcmen

lelter from the secretary of war of ihe 3d of j the discretionary authonty of those lettets, to ey of the commanding general, who, it ypJanuary, 1814. marked No. 1 ; and his let ; consider that such drafts as goverrn r Blount pars, pardoned them ; and that all the rest

tors are continued lo No. 5. It so happens, ! should order out, were, in his opinion, rtoui

that the first letter in dale, is as low down as I red by the fiublic interest " No 6 gov lilounl's of ihe lOih Dec. 1813; j And your committee think that this prop and the second letter in dale, is No 7 govr. i osition may be put more affirmatively, to wit : IV ount's of the 24th Dec. 1S13; to both of i that it was the 44 opinion of the president, that winch the letter of the 3d of Janium-, 1814, i the public interest did require" that governor of 'he secietary of war, is an amw er. j Blount should, under the advertisement, or by Y )ur committee believe that this arrange- j ihe requisition of general Pinckney. have the

inem ol the correspondence, iscalcuated to j power to (der out militia drafts, either fot

lead to serious misapprehension; that area

three or six months, as the exigencies of the

der, not very attentive to a comparison of j set vice should render necessary, 44 without reda cs, w ould suppose that the letter of ihe 3d ; fcrrivg nn this head," to the president for speof J muay, 1814, referred lo such mi'itia drafts j cial directions. as were to be made in that year, w hen it is ex I This deduction thev consider irresistible clusivcly applicable to the drafts which had t and conclusive, and that there was nothing in been made in 1 8 1 3, for the prosecution of the the act of April ISth, IS I 4, which prevented Creek war, Sc which were admitted to have ; the president from expressing his opinion,

been executed but for three months. The in- through general instructions to the executive

justice which, by a confusion of dates, would

o the mutineers and deserters were condem

Tied to trivial punishments, neither affecting life nor limb, excepting six of the ringleaders, to wit : David Morrow, a sergeant in captain Strothcr company, Jacob Webb, John Har ris, Henry Lewis, David Hunt, and Edward Linsey, privates in colonel Pipkin's regiment, who were found guilty either of causing, or of exciting a mutiny, before the 1 9th Sept 1814. or committing a mutiny, ot deserting w hilst on post before the expiration of the '9th of September, 1814, Lnd suffered death

m consequence.

Hy an examination of the trials of these six ringleaders, it will be seen, that thev wen far eminently guilty, either of 44 exciting and causing a mu'iny," or of being the ringleaders of a mutiny ; the first before, and the last

of a state, whose ordrrs for militia drafts, on the 19th of September, 1814; and that

be done, even by a possibility, to the parties ; should de faco and de jure be the opinion of j J.Jm Harris, to whose name such rematkahle

notoriety has been attached, was engfgrd

concerned in the transaction of the militia I the ptesident k that such drafts were requi

drafts ol I enncssec, which were made for six ; red by the public interest m m'hsin 18 14, by applying the letter of the i This inference, your committee moreover

secretary of war, of the 3d of June, 1814. to believe, if thev thought it necessary tn go insubsequent drafts for six months, has induced to such an investigation, might be sustained

some lime prior, in causing and excitii ?

mutiny," by r.atrying even a muster roll of mutiny and dcse't'mn throughout the ca up,

to procure the nanus of those wro were wil

. . . your committee so to arrange the con cspon-, by ihe contemporary constructions which j line, and would pledge themselves to commit

dence, that the leading letter, in the series.

should come out fu st and the subsequent letters follow in the natural order of their res pective dates This obviously just classification being observed, it will be perceived,

weic given to this clans? in the act of April,', these crimes

1 8 ' 4, in the actual discretion w hich was vest

cd in the executives of several of the states

2dly. Your committee nre now brought to

inquire, whether colonel Pipkin's regiment j States shall be governed by the Ilules and Ar

To thee facts, your comrritee will now

applv the law Ti c "act of ' 795. provides, " that the militia in the service of the United

tides of War." By the seventh article of the rules and articks of war, any cflicer or soldier, who shall begin, excite, or join in any mutiny or sedition, in any tio p or company in the service ol the United States, or in any parly, post, detachment oi guaid, shall suffer death, or such other punishments, as, by a court martial, shall be u fiicitd " By the 8th article, a similar penally isawaidtd, where any officer or soldici does not use his utmost endeavors to suppress a mutiny, or, coming to the knowledge of an in ended mu'it y, des not, without delay, give infoimation theieof lo his commanding officer. And, by the 20th article, the crime ofdeseition is pm i-dable by deatfi or such other punisi.nitms. as by sentence ot a court martial shdll be inflicttd. The tacts, and these principles, lui i.ish a complete vindication of the court, whose painful duty it was to condemn six ot then leiiovr citir.tns to a severe and ignominious punishment. But if all the reasoning of your commi'tec was absuid and valueless, as to the fact, that these men were tigiiifuliy in service for six month, and it were even admitted that they were drafted but for three months, the proceedings of the ceuu would stand without spot, biame, or Ugui impeachment. As the cimes for which these unfoiiunate beings suffered death, were committed before three months ol their term of service had expired : and by the 1 2 h section of the act of the 18ih April, 1814. which was then in full fotce, and which provides, that any commissioned officer, non-commissioned officer, musician, or private, of the midtia of the U. States, who shall have committed an oITvi.ce, while in actual service of the United States, may be tiietl and puni.hed for the same, although Ids tn tn of service may have expired, in like manner as it he had been in the actual service ot tho United States;" it is, therefore, obvious that these men could be legally detained for trial and punishment, even if they could have been considei cd as in service but for three months. 'I hat thty had a fair and impartial trial, your committee see no reason to doubt, and the iiu ic tact of their jurors being their own othceis, fellow citizens, and, probably neighbors, secured the presence of that sympathy which leads to the most rneiciful interpretation (wheie it is just to apply it) of the conduct and motives of ihe others. I hat general Jackson, comnanding in chief, in the militia division, in which these events nanpircd, pioperly ext rci' d the power and discretion veMtd in him, by law approving the proceedings of this court your committee, likewise, perceive no reason to doubt It is ti ue, tln.t they were approved on the 22d of Januarv , foui teen d;M a''f r t vi f the 8th, by which the enemy had been repulst d from the Mississippi Hut j.Mt.-jl was, at that time, ignorant of ti e t a ifua'n n at Ghent : aod moreover, must u .v ben apprized that a part of the enemy had gone lOimd. and had concentrated his truces in tne neighborhood of Mobile, in that very vicinity where these outrageous acts of insubordination, mutiny, and desertion, had took p3cc That such a concentration of the f-nemv's 'orccswas effected is a tact beyond all e i"pu e, as on the I lih Frbruary, foit I3yer was attacked ard captured. The commanding general mi's:, also have known, that it was on vo'untee- or mi : a dr afts the defence of the southe-n coast would rest ; whilst ti e flagrant mutinies and rescriions in the campaign of 1813 of the militia drafts of that year, must have admor ished him of the necessity of striking a severe, vet salutat-v example in the minds of those who wc re liab'e to be mislc d Although the clemency ofthe general was not invoked by the court ir is true he might have pardoned these victims ot their own crimes ; but there are occasions when mercy is but another name for weakness: whet, even a severe and unalterable fiimness, in tl e discharge of our du'y, is the most perfect justice we can render to our country 'I he examples of this stern and enlighten

ed justice, arc scattered throughout the pages of history, not for the abhorrence. bu the respect ol mankind ; they are found not only in the most instructive morals which the lessons of antiquity afford, but thev iHusta:e the incompai able services of him, win was, and ever will be venerated, as the Father of our country." In conclusion, your committee will bare ly em;rk,.that as the acts of 1812 ard IPI4, expired the one by its own li.i itat'on, Sc the other bv the termination of the vjr.tiy seo nothirg in the transaction uf-irh ii has betn heir duty tn examine, from i's origin to its close, which trills for the legislative interfetence ol this house, in the shape f ar v amerdmt nt to the Ru'rs and Artichor U ar, or to tl f exMinir law goverrir f ' n.'litia, whilst in the service of the United Sta es. Paris. January 9. A private leter nf

the ?fVl- ult from Lisbon savs 4 An vtmpt mael a Few iby s ayo to pay 1 1 r tr op in b.mk noe, hatl well nitrh led 'o trrn ttxi a consequences Svmp'oms of n ii'ii v n ai itested hrnisf1vf s amonf f ( arti"rr v m i at the arsenal, and it was only by prvvii k h ru in spe'ie, that order was restored " The Austrian Observer CQntain thefutlow