I,
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SV--
n
v.
StBB
iV
1
I
r,
!
i
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f
tun six militia mhn. .
the case of tha Si MlSlUmen &rl
U wV.' h 'the imputations cat upon Cen. Jack
von rcpectinir that tran-ctioo, are afcowa to bt
illiberal and onfoemkd calumnies i publUht.l by
WrJrr of the Central JVckaon Committee t Rs
lclfh, "an sU!fetd .,k,
ir rMEMrjtifyonTncAnoivf
; UdN fellow cl:itent, ,?( re
Tnlalaken (a this reasoning, how doe this
"pffcci Gen. Jackson ? Let ti tee how be
Slood, snd hat inform stlon be bad t .or
o men cm b responsible to public oplo
1on Tor sny errors hot Ms oWn.Uen.
Jckun coramiudcd division ef Tconei
trtf.JeW.Bloem't was Us CO
tnintJe r"i"n3 Tssuean "orderia 1inrtor
ll n.it 1.000 mllltla rOT SlX'tnorns w
xzsitmiMtn hbnexDrestlv tb&tln so olnjt he
k butnutiontfiom the nttfuf
Mrtmrt'-fV koM of V00, WOO have held
matters brtbls kind I
bat Tor the Information of ell, h mtf
' i.ti. that the Secretary of War
t ' kond the President's instructions or re
wwei v -
quisitions W the Governor of the But
whence the troop ere to be tsken, end be
tlirecTi the Msior Genersl under hit com
mand to eieeute such orders be re
" ceives. ' The Mor CeftetVlo-ning
iOUt the, militia baa no commonkailoo
. with the War Pepartment or the Pieafc
Sent, but acts entirely tinder the orders of
, his Governor, who It the General's supe-
rior, at he President Is bis. Now, it is
admitted' there was t law eothorlsing the
President to call out militia for ' months
b forte when Geo. Jackson received the
orders end bis commanding oflker is
' ; formed him he acted under infractions
(mk tha S.UTT of We. Who l tbt
rreaUUiit'i ageM, .W alf military asMrs
'TrT"6w:wbtfrr'0br-Jjf?J
ZWaaha tfldliDttta the authority, and que
: CoTtb'etefscltT"Of bis Ooermr ?0
fia WtooUrbis7ordrsf Every man
Who knowa sny-thing of the matter must
U-wi tiladulTl to cbf T:'' did so :
and tbe troops were mostered into ser-
:, tlce accordingly, and continoed in service
without any disapprobation eipreixd by
. the President' -. -
: How --wis.scksow, to ascertain what
rssfd on the subicct between the Prest
dent and Gov. Blount t He had no right
..to see the instructions from the SecreJarv
bat was kimself man under the author
Ity of. the Governor, and bound to go and
. i
come et tbe commano oi ors sopenor,
This seems to lis eiceedingly clear.
Suddosc a Judee mistakes hia doty, and
ivronsifully commita a man to prison, is
tbe tailor lisble to prosecution if he de
. tains bin t Or if the prisoner attempt ts
-break. jail, Is he not justified In retaining
Lfa to. facctis in, pjcoJuI. WsP &
i held answerable for the errors of the
'"fJIfldge ? " Sorely t not.- Common sense
j . . iciia wa, Mai li lue iiui viuvr
r (mm hit an rw rior. who . has- ft tiebt to
commlti and tnst eroer la in its lorm
... .f t f. r
i TZZ iofficlenU he is bound to beyi and is not
- So be called to account tor euner me mis
take or -corruption of the Judge. . Is not
'this principle- one of universal justice di
rectly annlicable to, and decisive of, tbe
"case in Question ? "?JscHon "acted -under
rdera received la. the usual, mode from
7 U lror:commVrdef; nd rofessittg to
be under instructions: now, suppoie
"-'"tbese'ofderi Wrftsued by mistake r 1s
Vacksbn enswerable for it f Is he e mor-
derer because Gov. Blount issued an or
der without proper authority from the
Department of War, which order Jackson
was bound to obey, or liable to be cash-
lered or shot - if be refused f We say
then, these militia were rightfully order
td out for tix montba by Gov. Blount ;
bait if not, yt Gn- Jackaon waa bound to
suppose them so rightfully ordered out ;
and take it either way, 4be sentence was
Hot illegal.
But let us meet our opponents on their
own ground, and auppose for a moment
that these troops were ordered out for
three months only instead of sis : was the
execution of these men illegal t We af
firm it was not. Our opponents ssy that
the term of service expired on the 20th
ef September, and that oo that day the
militia had a right to go home and as
tbeir departure was not desertion, they
were improperly convicted and improper
If l mmedr-1 n thlr manner of prcucm
Up g the subject they artfully keep back
most important fact, and endeavor to
pmapcnoiobaullJLhaLlo
sons executed did, wss to march peace
ably home on the 20th or September,
when their term of service had expired,
ofow, let us attend to the facts. These
' men, as you will find by attending to the
proceedings f the court martial, were
, charged, in. substance, with two crimes :
"1st, mutiny, or exciting others to moti
'liy aid2d,-Desek
consisted in a large party or them assem'
Uing on the ",19th of Sept, and breaking
intQ
seizing and faking' out the public stores.
The !errtoH was committed otv the 20th.
by Koing off in a disorderly manner, .ira
srit diutcly after tbe revelie beat. ' Now
muik the sort of ressoning offered to you
by the Ad ma men. It is said these mert
h4 a ritfht to no home on the 20th ; for
tbey were do longer soldiers.
Pet Ibis
e aJr-J-iteJ I it Uow M t t:.. y f
fcrca the c')f J ami "... i
. .L- in,!, f
Contractor a utores on m
(hey not soldiers on the 19th f Is It sup
poied you are stupW enough to lehete
that, becaoie troops are entitled to their
dUcbarfceon the 20th of September, tbey
hare right to commit a mow ouir.B-
ous mutiny snu run "
Colonel of the regiment lot hissuthority
on the -20th, jret U waa n. full sigor on
the 19th and the aame reasoning
Siut'iiV tha outrace committed oo
that day, would justify it If committed a
month before.-Vor this mntlnyi eohv
fntttarl whlla it tonfetttd Ibat tnese
iiwim warm law fullv in sertice. as well ts
the eobauei ruou , ,-. ..v-iDtn-i
aenteac4 and tetrtei.-r
mutiny or sedition" l br the Tth or he
Ul-a and Artlr. es 01 nar.-puoiaaui
.t.k or ancV other" btmUhmentf is
h. . Cffirt Martial shiU bo Inflicted," end
" j. - .. ... . . ... i it i.l.
the Court was (by tne aa or adtm
Ills, OOC. U,J aUlDOnCM "I
Ith any tniiitU man after his term of ser
vice eipired for'any offence committed
during such service.. Let the desertion
then be put out or me question,,
sentence Is Tuliy supporteo oy ww
ny, while the accused ere admitted to
haye been in the service of the United
A. . " " 'T'' -'I, M.. ..,.
states.
But it is allegeJ that tbe execution,
If Irr.K was inhuman I for it U said the
mmf had been beaten oo the 8th Janu
embarked on board his ships on
the 18th, and sentence was approved on
the 23d ; and as peace had been roaae in
December before, k is inferred that It
a not neeetsarv to. make any example.
Let os then meet this allegation lairly,
snd see if it is not founded either on mis
take or misrepresentation.
That mutinr. evincinr an alarming
decree of Insubordination, and involving
in its guilue-urgenumwroitroopa,
bsd been commuted, cannot witn an? re
gard to decency or truth be denied
that on the morning after this mutiny,
fthtrSBrbncirf li irlfha leftiheir
I T . . . . r r
posts without orders, and in oc nnce oi
authority, Is equally 'free bf dlapute. If
discipline is necessary to the efficiency of
an army, and it ao army is necessary io
defend the nation in time of war, it must
follow that In general' every violation of
discipline, and every disobedience ol or
ders, ought tobwpuoished. It is certain
Iv vain to expect that he who has once
violsted bis duty, will, when he escspes
without pooiihment, be In future more
careful to obey. On the contrary, exper
ience justifies us in saying that impunity
hardena the offender, and emboldens
others to offend. Tbe purpose of punish
ment is mainly to strike terror Into
Klln!?.iuWafrpun"
ishment themselves. 1 bat punishment
is necessary, then,- cannot - be denied.
The proper degree Of it Is to"be" deter
mined by the nature of. tbe" offence, the
number involved in it, the state of the
army, and the situation of the countrr.
What xmi the nature of lhe bfenti f It
was not an ordroary instance- of 4nsubor-
j. .i .
oinawon in one or -two aronsvn ana iii-
bebaved soldiers, or of a few- cowardly
men - desettiDg -their - colors ...and, takin g.
themselves . JIin, sec.rei.1 1 was an
ct-tjf -desperate violence, deliberately
meditated and openly executed r an
armed farce: of consldersble numbers i
if was the pUbQc desertion of a targe body
of men in contempt of authority. - If such
an act coeld be committed without severe
punishment, it is plain the army would
cease to exist t there might continue a
crowd of men, indeed, assembled to con
sume the provisions provided for the de
fenders of their country but tbey would
no longer desetve tbe name of an army-
would no longer be an organised body, on
which the government could rely to fight
in the field or perform duty in a garrison.
If one company could march off at its
pleasure, so could any other, and the
commanding officer might lie down in
his tent at night with a regiment around
hire, and wake in the morning without a
corporal's guard. What vat the tituation
of the army and the country f These
troops were posted in the country of the
Creek Indians, to prevent a repetition of
those outrages for which Jackson had just
befote severely chastised them. Among
these troops e-spirit of-insubordination
had long before appeared,, and for lever at
months bad been spreading its contagion.
January gained a glorious victory over a
large and well appointed force of British
veterans, snd they bad been driven to
their ships; but they had not left our
shores. They were hovering upon our.
coast as British troops had been for yean
be foreat what moment'! he f would re
turn, snurtMEttnder.jb.disat-ac .f
wej..4ax ,4f.feet'tfd.akft3Po.the. and
morr'desperate effort;' none "could tell.
The 7 Creeks'," their .aavago-alliee, were
itig;utr;fn;ort
upon tne oaca settlements, sad renew
their,, horrid warfare against age and in
fancy. ..The.Uttetcould onIy.be preven
ted by keeping up an efficient force to
check them. But the regiment called
out under Governor Blount's orders were
relied upon m perform this service and
if spiel discipline win not enXorced; this
i :r, i.
.'nation sut a
1.6 lor. J M
oral count v '..!
next . ia
it
Ihrlnwrra nnDUUt
the Co ., minding
security fcpon the RJcUty of the tfoops
immediately sround Mmf They bsd
families whom they wished to visit, and
hsd right to do so, if other detachments
bsd, and no mn could foresee but this
evil csample, contagious at such exam-
pies alwiya ire,, would in a anon time
undermine ths principles snd destroy the
iitcfulneia of tbe whole army of tbe
South.. i ' "
In such a ststeof tbmrk, lei it be asked
of any Imparl! J man, if a stern necessity
did not reqvie ia example i , ,
' . But it Ja said teace had be ndw.
Now would not.anymss nfef from "thU
inaTUewrwat knownl Certainif b
wouldr ead it Was iotendcl, thai, such at)
opinion . ehoi)ld be eaiertawed, There
TcetbforbeloUU-youulbeixewiJ
nf nesce hsd nor reschtd this country.
The treaty, tVough signel in Europe in
December,-wss unknown. U the .Untied
States at tbe time tbe sentence waa ap
proved
Jsckson hsd no knowledge of fie pesce
and no man in tbe southern army, up
totho time of the execution, ryso sua
oected it. What then can exceel the
baseness of endeavoring to blacken the
reputation of Jackson for not acting uson
a state of things, which he did nor know,
and bad no means to ascertsln f But it
is said the execution of one would hare
been sufficient, j How are we to ascertain
this f Tbe Cosrt Martial thought other
wise and is not their opinion entitled to
weitrSt f They were officers of the mi
litia, citizen of the same State with tbe
accused, artd' having common interests
and feeliaes with them what induce
ment could ikey have had to imbrue their
hands la bloofl unnecessarily shed I The
accused ve asked if they had any ob
jeetion to ay member of thev court,and
declared tbey ae no i ais court, com
nosed of their own fellow titizens and of
firers of '-tbe militl. and approved bt
themselves. Knieneed them Have the
Court discovered, e difcpcion"toshed
blood f ' Look t the record of their pro
ceedings. Out f more than one hundred
are ordered-iobe shot. These men were
io e high degree guilty, the active agents
in promoting sedition and desertion. .Im
partial men, giving their understandings
fair "pUyTwH" conclude," e think that it
was necessary to make such ao example
as ahould strike terror, and that ,kie ex
ample made . not mora than sufficient
for the purposj Further, what reason
could General Jacksoobave to disapprove
the sentence oi the court, composed ol
respectable snd impartial men, who were
in pofcsesaion of all the f? f knew
all tnefr bearingSr.-who could well judge
of tbt exteer of the evtl, and. the punuh
meat demanded for its redress f He was
at - distances from the - scene, knew
pothing of the facta himself, and bad no
reason to doabt tbe propriety, of tbeir do
cision.-
But le u'Simsgine for s moment that
General -Jackaon. iud yielded to his feel
inns of compasaion,and bad released these
men and bupposa-alsot-lbat. peace bsd
pot been made ia it not extremely prob
able that bther'bodiea Or troopt' stationed
in, the. country of ..the. ssvsges would have
abandoned a dtsigreeable service under
the Influence of .the example set tbero
snd In the confidence that if they should
be arrested and brought back, they would
also eacape upon easy professions of pen
itence and rt format ion? What would
have been ' the consequences 1 Tbe
Creeks, eager for revenge of their late
defeat, would have broken into our fron
tier their tomahawks would bave been
In the cabins of lhe defenceless settle
their wives murdered, and their infants
dashed against the ground. '-What would
tbe voice of m slice hsve declared
Should not we all have said M we owe this
to e aesk and undistineuiahine compas
sion t the mercy shown to the mutineers
was cruelty to our peaceful inhabitants
sn enlightened humanity would have die
tated tbeir execution, and thus, by the
death of a few turbulent end offending
men, the lives of hundreds of women and
children had been saved f Should wa not
have said "Jackson had not the firmness
to do his duty f Would not thostf, who
now charge-Jecksoir with" the guilt of
mHif der In the execution" of IheU tnen,
have been in that case tha first and the
budestndostJntetejtoJnoodem
nine; him (
It is true, as things turned out, a treaty
of pesce arrived and waa ratified t tut
things not known are to as as if they did
not exist. .The inquiry we'are making
is, wnat was rigbt to be dooa with tha in
formation then possessed, and not what
have beeniight had Jackson known
what oo pun in Amedca knew or could
iYet it may weU admit of.ooestlon
b,tber, if peace, had been known," tie
uvea, oi tne men could have been spared
without selling a precedent of the most
mischievous operation upon the discipline
ana auoordinauon of militia levies in fu
tare wars. But, be that as it may, if we
conbne our attention to the itale of know!
edge upon the subjett existing at that
ume, can iar dobbt be m9 that the
la t-,
. i lc
t, ,r best
s su' !;.t
... ..i tf
o,i ti.i
..(cull is a l 'C
f
wa Cannot but concur i. , .i.tu.n wun ma
:ilitary CommUtee. Their report Is
said to be intended to whitewash the
transaction, snd this is said by those who
tske csre not to print it for your exami
nation. W now submit It to your con
siderationread it, end judge for your
selves. .
It Is worthy of observation that the wri
ter of tbe preliminary remarks In the
namnhlet before referred to, is obliged to
r r ... . ...
state that which, properly conswerei
unifies tha execution of the ait toilUie
men t Ha ears, a in the war of our revo
lution, ao execution sometimes took place
n tha ree-ula armv for the take ol et
amnio la to me vem airodeie tasiJ?. Haw
we ask, what case can no more atrocious
. a f
than1 mutiny tyNrrore' thsa a hundred
armed soldiers, forcing a guard and
KW.nuhre
mora atrocious be produced titber ln the
army of the revolution or that of tbe late
wsr If any such ever existed.
But perhaps the writer meant that reg
ular soldiers are to be punished, and mili
tiamen escape when guilty of the same
offence. If so, let reasoo bo assigned.
Tbe militia, when in tbe aervice of the
United States, ere, by law, placed under
the government of tha Roles and Articles
- . . . .
if war i bey are luoie to pumsnmcoi
for tha same offences. Is it less criminal
or less dangerous In i militia man id de
sert his post or violate his duty f - vr baa
be less capacity to know bis outy, or less
motive to perform it I
The same writer says Mit was a ssd
dsy in Tennessee, when the milltie csme
sya t a m e.
home after tbe victory." ibis, u ii
means any thing- to the purpose, must
mean that in Tennessee Jackson's con
duct was disapproved. Hera wa are
willing, to meet our opponents, and let
the matter be decided, if tbey will, by the
voice of Tennessee ws-bi: tbosJbrava
men who followed bins to the field, served
Under hia brdersand shared; in hit- tri
nmtih and the srlory of their country. Is
T JScksorf iT ertierhod ferodew-tnonsteN
who has beea ruiltv of the illegal snd un
necessary massacre f his fellow soldiers f
Ask Tennes.t, whose militia be Is charged
with murdering, and let tbe rote by which
her Legislature placed bhn in the Senate
of the Union answer s' let' the vote by
which her people sought to elevate him
to the Chief Magistracy answer. If Jack
son were the monster he is represented,
would he be tha loved and honored et
home I Would those who best know blm
be most anxious to place him in the high
est station f
Look at the battle of New-Orleans,
and learn with what care he preserves
k. iv. f f.lUw void i era. So
excellent were- hia arrangements to ae
cure, his men .and give effect to their
fire, that while the-enemy lost many
hundreds, but thirteen Americana fell.
Fellnrw'i cititcna, w appeal to hia
whole public conduct for proof, that,
while he-has been prodigal m the ex
posttre of his own person to danger, he
hainc
The safety of hU country ha a" been his
aole object. When that required the
death mf her foea or the .punisjiment of
hCTffendng2ltj?
spared to do his duty, and be haa'done.
no more. - In the- days of-the Roman
Republic i one or their Generals, when
in presence of the enemy, ordered,
upoo pain of death, that oo aoldier
should leave the ranks. Shortly after,
a giant from the opposite side appear
ed and challenged the Romans to sin
gle combat. When they all remain
ed still and silent, he reproached them
with cowardice in such insulting terms,
that a youngfRoman, the eon of the
General, burning with shame, rushed
forward, met and slew him. Cutting
off his head, be bore it in triumph to
his father, who immediately ordered
him to execution for disobedience of
orders. Rome approved his conduct
and by such stern justice, and the rigid
discipline which was produced by it,
she rose from a feeble atate to be the
greatest empire in the world. Yet
what waa the offence of this youth
comparedrwltlCthijitrm
Did the Roman father shew that he
aeiigntea in niooq, or tnat be was
wanting in paternaraffection? NoJ
a i I . a a t.a
it waa not that he loved his son less,
but that he loved Rome more.
Is Jackson deficient in humanity?
No: the Judge who condemns an of
fender, or the Governor who refuses a
pardoa,' may. have . the deepest . com
miseration for the man who suffers ;
burlbvinf h?af entry7"aijdaeeking
the welfare of a whole nation, he must
subdue his private feelings, and make
the sacrifice whiclt" .policKgoicai(1ei''
mauds. .J.
At page lSth'of the Adams pamph
let, you will findagrosa attempt at
imposition. At that page it a letter
of Governor Blount, dated ith'of Au
gust, to whUh he autcs that
.
were fo.'
.re.
It3 ten ' ?
t i the 20th Sep.
Lot cf il.e page i
a note, insisting, tromuut expression.
that Gov. Ulount "considered tho
Icrviceof the 1,000 men to be onty
three months. Now, on the sarao
page, and immediately under the let.
tcr of the ith of August, is a letter of
Gov. Blount, dated the 19ih of Octo.
ber, in which he mentions these 1,000
men as at the posts in the Creek coun
try, and then sayi. " They were called
tut for ? IX months t. and have near!
three month yet to crvenr r Here the
assert that Governor Blount Consider
ed the term of service a three months .
when fie himself.'lnl lctttt printed doZT
t!.2 ar lh- .irttvicct
the same page lq which this assertioaJ
is made, expressly declares the term
Lf JWJ',CC w hve beei 8IX. monihatJ
a nia aaBeruon( ucrcierc, was not only
iaiae, out was maae wun tneunin hti
fore the wll ter, and consequently waa ;
known to be lalte.
In a note to page 44. it ii laid thai
Sergeant Morrow was pardoned by hia
uenerai. L.et it be remarked that
this pardon waa granted by General
Taylor, and the right to pardon be
longed .not, to him, but tojhe Qonj..
Dander in Chief, Morrow pleaded
this pardon before the Court, wbd
were the proper persons to judge of
Its validity, and they disallowed it. It
was of no more force than a pardon
granted by Judge Would be ia
North-Carolina, where the power to
pardon ia vested in the Governor.
But if you will examine this preteoded
pardon which ia on the tame page
with the note above mentioned, yea
will find that General Taylor did not
suppose it to have any effect without
the- approbation of -4he Commaading
General. .. ilia words . arc ." he . la
thereby pardoned on reporting himself
thiay.companypJULol. P. Pipkin,
regiment without delay, nhject to the
will of the Commanding General.1
By way of conclusion to the mis
representations and falsehoods contain
cd in the preliminary remarks, and in
the notes to this pamphlet is added an
account .paid to be written by an eye
witness of the execution ot these men.
Whether the account is not a mere
fabrication of the publisher of the
pamphlet we have no means to ascer
tain, or if the production of any one
R resent at the execution, we are equal-
unable to determine the character
and standing of the writer, since his
name (like-other-important matters
upon (hia subject) ia care folly " with
held." Supposing ; this account to be
true, what follows from it? Docs it
in any way affect the Justice or 'pro
priety of General Jacksena conduct f
He was not' present at the place - of
execution, and Inew nothing about the
mind that -Jackson was at New Or-
leaoa and in its neighbourhood during
tTie"'whoiror "thlrTallntf until after'
the ..execution .ofj th sentence. He .
had been there employed in- superin 7
tending and directi ng the great opera
tiobs' which preserved "that City ani
shed a lustre over the American namr.
The trial and execution took place at
Mobile, a distance of near a hundred
and fifty miles from New-Orleans,
and all that Jackson knew of lhe. mat
ter was furnished by the proceedings
of the Court, sent to him at New-Orleans
for his approbation.
The case of John Harris aeems to
be considered as one especially calcu
lated to move your sympathies. Just
take the time to look into the evidence
on hia trial, and you will aee how op
posite from meekness and peace had
been hia conduct. You will, there
find him the active promoter of muti
ny and desertion r and more than that
you will find him expressing his wil
lingness that those of his fellow aol
dierawao biir those to
might be bsyonetted, and even threat-
1 coiog: to shiver his musket over the
head of his commanding officer, sure
ly a man of this spirit a spirit ao un
becoming a man, a soldier or a chris
tian, is not properly the object of great
commiseration. If such a man as he
had been permitted to; escape, wfco
would ever i eufFcr 14e my-io4e?4..
pity these men, aa every humane man
wlirpTty-ffi
turehowever deserved or necessary
but aurcly we-ahall be, compelled, W
isf that the toon martial;- i condciB'
sing, and Jackson in . approving their
sentence, acted under the firm belt"
that their punishment waa necessary
for the good of the country.
the letter of Major Armstrong, which
you wVS find among the papers D'
- s .r. .
f
I
i
1
'Hi'
-'A