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Alexandria, Virginia
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In Charleston, a court martial tried citizens for defying militia orders, but Judge Day discharged prisoner James Lamb on habeas corpus, ruling the court improperly organized under militia law, ending the proceedings amid great public interest.
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In consequence of General Orders of his Excellency Joseph Alston Governor of this state, a General Court Martial, of which Colonel Youngblood was President, convened at the Magazine, on Charleston Neck, on Monday, the 9th inst. for the purpose of trying; under the Rules and Articles of War, certain citizens of Charleston, defaulters from the late detachments ordered out by the Governor to Sullivan's Island. and to guard the Magazine, who were charged with disobedience and mutinous conduct.
Numerous exceptions to the jurisdiction of the Court having been taken and overruled, when the trial had proceeded three days, a writ of Habeas Corpus was obtained by Wm. Crafts, Jun. Esq. in favor of Mr. James Lamb, one of the prisoners, which was made returnable on the 18th inst. before his honor Judge Day.
On the return of the writ it was moved to discharge the prisoner, on the ground that he was not liable to the Articles of War, and that the Court-Martial was not organized agreeably to the law for trying offenders in the Militia. The argument continued for five days, and was managed with great ability and eloquence.
For the motion, Messrs. Ford, Simmons and Crafts. Against it, the Judge Advocate General, Messrs. Pringle. Parker, Huger and Heath,
His Honor the Judge deferred giving his decision until yesterday, when after an elaborate and eloquent review of the arguments and the law, he ordered that the prisoner should be discharged.
The proceedings of the Court-Martial are consequently at an end. No, question, ever excited a deeper or more universal interest in the community than this; and we believe no decision was ever more satisfactory.
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Domestic News Details
Primary Location
Charleston
Event Date
August 9 To August 23
Key Persons
Outcome
prisoner james lamb discharged; court-martial proceedings ended.
Event Details
A General Court Martial convened to try Charleston citizens for defaulters from militia detachments to Sullivan's Island and the Magazine, charged with disobedience and mutinous conduct under Rules and Articles of War. Exceptions to jurisdiction overruled, but after three days, habeas corpus writ obtained for James Lamb, argued before Judge Day, who discharged the prisoner ruling he was not liable to Articles of War and court not organized per militia law.