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Daily National Intelligencer
Washington, District Of Columbia
What is this article about?
In New-York, a Court Martial of the First Brigade of New-York State Artillery ruled on whether it can legally try delinquent militia officers below field rank, NCOs, and privates. Col. Charles G. Haines argued against jurisdiction due to repeal of a 1818 law section; Brigade Judge Advocate Daniel Robert supported it on martial law principles. The court affirmed jurisdiction on Saturday evening.
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A question of vital importance to the militia of this city is now depending before a Court Martial of the First Brigade of New-York State Artillery, and is, "Whether a Brigade Court Martial for the trial of delinquent officers below the rank of field officers, and of non commissioned officers and privates of the militia of this city, can legally be held?" This question has been argued in a manner the most creditable to their talents, by Col. Charles G. Haines for the five accused persons, and by Brigade Judge Advocate Daniel Robert for the prosecution. The ground taken by Col. Haines, is, that the repeal of the 17th section of the militia law of 1818, which organizes these tribunals, and for which no substitute has been provided by the Legislature, destroys their existence. It is contended, on the other hand, that, although the letter of the law might induce such an inference, yet the spirit of the law, and the evident intention of the Legislature to give to the city the means of preserving discipline among our citizen soldiers, is opposed to it; and, therefore, on the general principles of martial law, its jurisdiction should be sustained. At 9 o'clock on Saturday evening the Court decided that they have jurisdiction.—Gazette.
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Where did it happen?
Domestic News Details
Primary Location
New York
Event Date
Nov. 20., Saturday Evening
Key Persons
Outcome
the court decided that they have jurisdiction.
Event Details
A Court Martial of the First Brigade of New-York State Artillery considered whether a Brigade Court Martial can legally try delinquent officers below field rank, non-commissioned officers, and privates of the city militia. Col. Charles G. Haines argued for the five accused that repeal of the 17th section of the 1818 militia law destroyed such tribunals without substitute. Brigade Judge Advocate Daniel Robert contended the spirit and intention of the law supported jurisdiction under martial law principles. The court ruled in favor of jurisdiction at 9 o'clock Saturday evening.