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Story
March 10, 1828
Phenix Gazette
Alexandria, Virginia
What is this article about?
Historical newspaper account of 1814 court martial trials at Mobile for Tennessee Militia men accused of mutiny and desertion at Fort Jackson in September 1814. Details trials and executions of Jacob Webb, David Morrow, John Harris, and others, questioning the justice of their sentences amid claims of expired service terms.
Merged-components note: The domestic news item on page 3 introduces and continues the discussion of the Tennessee Militia court martial documents published in the story on page 2; merging as a single coherent story on the topic.
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From the National Journal.
We give in another part of our paper, extracts from the proceedings of the Court Martial assembled at Mobile, in November, 1814, for the trials of the Militia men. We shall give the remainder in our next. It will be seen that the prisoners tried and executed, were Jacob Webb, David Morrow, John Harris, Henry Lewis, David Hunt, and Edward Lindsey. Of this our paper to-day contains the trials of Webb, Morrow and Harris.
As the report of the Committee on Military Affairs attaches a stigma to the memory of these unfortunate men, and justifies their execution as "ringleaders" in mutiny, it is proper to call the attention of our readers to the facts adduced in their trial.
Jacob Webb was arraigned for desertion, mutiny, and robbery. The last of the 3 charges was distinctly disproved. On the other two he was found guilty, and received sentence of death. The testimony proved that he went off with the other men on the 20th of September. The only evidence of improper conduct previous to that day, is that of his refusal to do the duty of a sentinel on the 19th.—He, according to one witness, took the command of the party and "ordered them to interfere with nothing at Fort Strother;" and according to another, he took the command "with the intention of comforting the sick, and preventing violence on the forts."
There is not a title of evidence that he marched off yelling & firing scattering guns;" yet the sentence pronounces him guilty of that charge. Webb in his defence, expressed his belief that "his term of service had expired," and that "as soon as he discovered his error, he returned to his duty," and the muster roll shows that he returned to his duty, October 25th. It appears also, from the pay roll of the company, dated January 27th 1815, that $48 25 was drawn from the United States Government, for the whole term of Webb's service, to the 21st of December, 1814.
The second case is that of David Morrow, a Sergeant of Capt. Strother's company, charged with mutiny and exciting to mutiny. The prosecutor stated that he had acted on information received from the officers, and many others; and exhibited in his defence a general order issued and signed by "George Duffield, Aid de camp, to Brigadier General Taylor," expressly pardoning Morrow for his conduct on the 20th of September, and addressed "to all officers of the United States' Army," dated, Camp-Stewart, 1st November 1814. The condition was that he should report himself "without delay" to his company, of Col. P. Pipkin's regiment. In compliance with the condition in the general order, he returned to his company on the 8th November, as is shown by the muster and pay roll. His pay, $66 35 cents, was also certified to be due from the United States, to December 21.
In a former paper we gave the facts as to the good conduct of John Harris. It is singular that his name does not appear on the muster or pay rolls of Captain Strother's Company.
We shall resume the examination in our next.
TENNESSEE MILITIA.
From the proceedings of the Court Martial convened at Mobile, Dec. 5, 1814, communicated to the House of Representatives, on the 25th of January.
The Court having been qualified in presence of the prisoners, who having been previously asked if they had any objections to any of the members, and having answered in the negative proceeded to the trial of Jacob Webb, a private of Captain Strother's company.
Charge—Desertion.
Specification. In this: that, on the night of the 19th September, 1814, he deserted his post while on guard, between the hours of six in the evening and six of the morning of the same month, September, 1814.
Charge 2d—Mutiny.
Specification. In this: that, on the morning of the 20th September, 1814, paraded with the mutinous party, and at the end of reveille beat, marched off with them, yelling and firing scattering guns, and after arriving within the neighborhood of Fort Strother, between the 20th and 30th September, 1814, he headed the mutinous party, of Captain Strother's company.
Charge 3d—Robbery.
Specification. That, between Fort Strother and Fort Deposit, he stopped a waggon, and took out a barrel, belonging to the Contractor's agents, Messrs. Pope, Braham, and Hickman, in the month of September, between the 20th and 30th of the same.
To which charges and specifications the prisoner plead Not Guilty.
Lieut. David Mitchell, a witness in behalf of the prosecution, being sworn, states; that he is totally unacquainted with the matter.
Lieut. Thomas Horne, a witness in behalf of the prosecution, being sworn, states; That he was officer of the guard on the 19th Sept that the prisoner belonged to his guard, refused to do the duty, of a centinel on post, and did not return, after going to his tent, although ordered to do so. & continued there during the night On the morning of the 20th September, the mutinous party left Fort Jackson, after which the prisoner was missing, and candidly believes he accompanied them
Captain Strother, a witness in behalf of the prosecution being sworn, states: That he believes the prisoner paraded at reveille, as charged, and he is certain that he marched off with the mutinous party.
John Carroll, a witness in behalf of the prosecution, being sworn, states: that the prisoner was not the man who forcibly took the provisions of the contractors waggons
The Court adjourned, for want of evidence, until to morrow at 9 o'clock.
The Court met, pursuant to adjournment present the President and Members; and proceeded to the further examination of witnesses
Green B. Newson, a private of Strother's company, a witness in behalf of the defendant, being sworn, states; that the prisoner deserted his post at Fort Jackson, went off with the mutinous party, and, when in the vicinity of Fort Strother, was elected captain of the party, does not know who robbed the waggons of flour; that the prisoner, as captain, ordered them to interfere with nothing at Fort Strother, and accordingly, nothing was touched.
Samuel H. Burton, a private of Captain Strother's company, a witness in behalf of the defendant, states; That he believes Webb was not present when the flour was taken from the waggons.
Samuel Gibbs, a private of Capt Strother's company, a witness in behalf of the defendant, being sworn, states; That the prisoner did march off on the morning of the 20th Sept-ember, with the mutinous party and believes the prisoner was not concerned in taking the flour from the waggons.
J. Webb, a private of Capt. Strother's company a witness in behalf of the defendant being sworn, states; That the prisoner took command of the mutinous party of Captain Strother's company, at the request of a majority of comforting the sick, and preventing violence on the forts.
The prisoner, in his defence, states, that he served three months faithfully, and conceived, from the best information he could get, that his term of service had expired; that he was told, by both non commissioned officers and privates, that it was nothing but right to go home; and as soon as he discovered his error; he returned to his duty.
The Court, after mature consideration on the evidence adduced, find the prisoner, Webb, guilty of the first and second charges and specifications, and sentence him to receive the punishment of death by shooting
David Morrow, a Sergeant of Captain Strother's Company, was tried.
Charge 1st—Mutiny.
Specification. In this; that, between the 20th and 30th September, 1814, he carried about a paper to get signers to go home on the 20th of the same; also, on the morning of the 19th September, 1814, he forced the guard at the issuing house and broke the door. and rolled out several barrels of flour; went to the bullock pen, shot down several beeves, brought them to camp, here issued the beef and flour among the mutinous party cooked it, and on the morning of the 20th September, 1814, at the end of reveille beat, marched off at the head of the mutinous party of captain Strother's party. yelling and firing his gun.
Charge 2d.—Exciting to Mutiny
Specification. In this: persuading soldiers to go home on the 20th September, 1814. and not reporting those who were speaking words tending to lead men to the act of mutiny, as required by a regimental order of the 23d August, 1814.
To which charges and specifications, the prisoner plead not guilty.
Stephen Ray, a sergeant Capt Mebane's company, a witness in behalf of the prosecution, being sworn, states: that he was on fatigue on the night of the 19th of September: some of the party expressed their dissatisfaction at not having an opportunity of cooking provisions to go home, as was those in camp when the prisoner said, that any person who intended going home the next morning, was a fool for being there at work; accordingly, a great many of the party left their duty, and repaired to the camp to cook and that he prisoner did march off on the morning of the 20th with the mutinous party, yelling and firing their guns.
Philip Bryant, a private Captain Strother's company, a witness in behalf of the prosecution, being sworn, states; that he saw the prisoner with a subscription paper, and heard it read, going about to procure subscribers to proceed home on the 20th of September, 1814, saw the prisoner at the issuing house; heard him order another man to break down the door; saw him picking out flour, and having it rolled out, on the 19th September; that the beef was brought into camp on the same day, and the prisoner issued both beef and flour to the mutinous party; that he prisoner marched off at the head of the mutinous party of Captain Strother's company, at the end of the reveille beat, on the morning of the 20th September, yelling, and firing his gun, that the prisoner persuaded soldiers to go home on the 20th September, 1814.
Col P. Pipkin, a witness in behalf of the prosecution, being sworn states; That on the morning of the 19th September, as well as he recollects, the prisoner was actively employed in getting the provisions rolled on between the issuing house and the encampment, on the night of the 17th or 18th of the same month, the prisoner came to his tent, and asked permission to go into a small house and write a letter to his family, stating that he had declined going home; that he saw the letter, which was expressive of his intention of staying in service until he could get an honorable discharge; on the morning of the 20th, thinks that the prisoner paraded in the right of his mutinous party of Capt. Strother's company, at the beat of reveille, and is not positive whether he marched off in that way or not, but believes he did; and he disremembers the prisoner reporting any of the party who were acting mutinously.
George Cohee, a Corporal of Captain Strother's company, a witness in behalf of the prosecution, being sworn, states: That the prisoner issued the provisions on the 19th September, to the mutinous party, and further believes the prisoner fired his gun on the morning of the 20th, when marching off from Fort Jackson.
Green B. Newsom, a private of Captain Strother's company, a witness in behalf of the prosecution, being sworn, states: That he believes the prisoner was not of the party who brought in the beef and was at the head of the mutinous part of Captain Strother's company, when they marched off on the morning of the 20th September, 1814.
George Gumreel, a corporal of Captain Strother's company a witness in behalf of the prosecution, being sworn, states; That the prisoner was not of the party who shot the beeves at the bullock pen.
Captain Strother, a witness in behalf of the prosecution, being sworn, states: That he prisoner marched off with the mutinous part of his company, on the morning of the 20th, and that the prisoner never reported any men to him who were speaking of going home from Fort Jackson.
The prisoner having refused the privilege of producing any evidence in his behalf, exhibited an honorable discharge from the 28th infantry, with the following General Order.
"CAMP STEWART, 1st Nov. 1814.
GENERAL ORDERS.
To all officers of the United States Army:
Whereas David Morrow, belonging to Captain Strother's company, attached to the first regiment Tennessee Militia, who deserted from Fort Jackson on the 20th or 21st September last, has come forward & surrendered himself to this camp; has acknowledged the error of his conduct, professed his penitence for the same, and begged permission to join his company, and serve out his time of service, or duty, as a faithful soldier, he is hereby pardoned, on reporting himself to his company, of Col. P. Pipkin's regiment, without delay, subject to the will of the commanding General.
The officers commanding at stations are directed to furnish him with rations, and the said David Morrow is permitted to join Captain [illegible] him to do so,
In order more safely to pursue his proper journey to his proper station
By command:
GEO. DUFFIELD.
Aid-de-Camp to Brig. Gen. Taylor."
And states in his defence, that the reason of his leaving the service, was in consequence of the advice which he received from his captain, corroborated by the opinion of Gen Johnston, Colonel Chatham Captain Earp, as well as many others, who stated that there was no existing law, within their knowledge, compelling men to stay in service longer than three months; as well as an assurance of Sergeant Cheek, who said that he had once left the service under the same law, and had not received any punishment for doing so; and furthermore, throws himself on the mercy of the Court.
The Court, after mature consideration on the evidence adduced, find the prisoner guilty as charged, with the exception of forcing the guard and killing the beeves, and sentence him to receive the punishment of death by shooting.
The Court adjourn until to-morrow nine o'clock.
The Court met, pursuant to adjournment. Present, the President and Members: and having been qualified before the prisoner, Lewis, who having been previously asked if he had any objection to any of the members of the Court, and, answering in the negative, proceeded to the trial of Henry Lewis, a private of Captain Mebane's company.
Charge 1st—Exciting to Mutiny.
Specification. In this; that, between the 10th and 20th September, 1814, in presence of a large portion of the troops, said there was no law to compel militia to serve longer than three months, at any time, and said that he would go home on the 20th September, 1814, and that he would take provisions where he could find it.
Charge 2d—Mutiny
Specification. In this; that on the morning of the 19th September, 1814, he went to the bullock pen, shot down several beeves, brought them to the camps, made a proclamation for the mutinous to draw rations to take them home, of the beef and flour that was forcibly taken; cooked it; and on the morning of the 20th September, 1814, at the end of reveille, marched off at the head of the mutinous party of Capt. Mebane's company, yelling, and firing scattering guns.
To which charges and specifications the prisoner plead Not Guilty.
Major Hicks, a witness in behalf of the prosecution, being sworn, states: That he heard the prisoner say there was no law, to serve longer than three months, and he intended going home at the expiration of that time, and he or they would take provisions where it could be found; heard Major Hicks state to him, upon honor, that there was law, he had seen it, compelling militia to stay six months: that he had seen, in a Virginia newspaper, that the act of 10th April, 1812, had been revived in 1814, upon which the prisoner replied it was nothing but newspaper law, and he would not believe a word of it.
Major Rolston, a witness in behalf of the prosecution, being sworn, states, that he saw the mutinous part of Capt. Mebane's company march off yelling and firing scattering guns while reveille of Fort Jackson was beating saw at the head the prisoner in the right party of the Capt line Mebane and at s comp theem of the reveille, counter-marched from the right and took the road
Lieut. John T. Cooksey, a witness in behalf of the prosecution, being sworn, states: That the prisoner marched off at the head of the mutinous part of Captain Mebane's company, on the morning of the 20th Sept.
Corp'l James Gamble, of Captain Strother's company, a witness in behalf of the prosecution being sworn, states: That he heard the prisoner say he believed there was no law compelling militia to stay in service longer than three months: he would be glad to see such a law as he had served one or two tours of duty. and if it was justice, he was willing to serve six months; and that the prisoner did not kill the beeves at the bullock pen
Lieut. Richard Swanson, a witness in behalf of the prosecution, being sworn, states: That he saw the prisoner with the mutinous party. when he provisions were issued, and believes he received his proportionate part.
William D. Routon, sergeant of Capt. Mebane's company, a witness, being sworn, in behalf of the prosecution. saith, that he believes he heard the prisoner say there was no law. he never saw any person who had seen any law compelling militia to serve longer than three months; and, unless such a law was shown him. he would go home on the 20th Sept. 1814
The prisoner having voluntarily refused to produce any evidence in his behalf, states, in extenuation of his conduct, that he was led astray by the erroneous opinions of men of better information, who positively assured him there was no law compelling militia to serve longer than three months: that he was as much persuaded off by Sergeant Hooker; regrets a disgraceful act, and throws himself on the mercy of the Court.
The Court, after mature deliberation on the evidence adduced, find the prisoner guilty of the first and second charges, first specification, and so much of the second specification as marching off at the head of the mutinous part of Captain Mebane's company, on the morning of the 20th September, 1814; and sentence him to receive the punishment of death, by shooting
[To be continued]
As most of our readers are anxious to see the documents which have been furnished by the War Department, concerning the Tennessee Militia, we have commenced publishing them as they are given in the National Journal. The expose of this affair, has caused no little excitement in the ranks of the opposition. As a last resort, they fly to the white-washing report of the committee of military affairs, and vainly hope that this will satisfy the people. But the truth is, this report does not, nor cannot explain away the law and the facts. That these unfortunate men were executed contrary to justice and humanity, is clearly and satisfactorily proved. The people will decide whether the author of these horrors, is worthy of the highest office in their gift.
We give in another part of our paper, extracts from the proceedings of the Court Martial assembled at Mobile, in November, 1814, for the trials of the Militia men. We shall give the remainder in our next. It will be seen that the prisoners tried and executed, were Jacob Webb, David Morrow, John Harris, Henry Lewis, David Hunt, and Edward Lindsey. Of this our paper to-day contains the trials of Webb, Morrow and Harris.
As the report of the Committee on Military Affairs attaches a stigma to the memory of these unfortunate men, and justifies their execution as "ringleaders" in mutiny, it is proper to call the attention of our readers to the facts adduced in their trial.
Jacob Webb was arraigned for desertion, mutiny, and robbery. The last of the 3 charges was distinctly disproved. On the other two he was found guilty, and received sentence of death. The testimony proved that he went off with the other men on the 20th of September. The only evidence of improper conduct previous to that day, is that of his refusal to do the duty of a sentinel on the 19th.—He, according to one witness, took the command of the party and "ordered them to interfere with nothing at Fort Strother;" and according to another, he took the command "with the intention of comforting the sick, and preventing violence on the forts."
There is not a title of evidence that he marched off yelling & firing scattering guns;" yet the sentence pronounces him guilty of that charge. Webb in his defence, expressed his belief that "his term of service had expired," and that "as soon as he discovered his error, he returned to his duty," and the muster roll shows that he returned to his duty, October 25th. It appears also, from the pay roll of the company, dated January 27th 1815, that $48 25 was drawn from the United States Government, for the whole term of Webb's service, to the 21st of December, 1814.
The second case is that of David Morrow, a Sergeant of Capt. Strother's company, charged with mutiny and exciting to mutiny. The prosecutor stated that he had acted on information received from the officers, and many others; and exhibited in his defence a general order issued and signed by "George Duffield, Aid de camp, to Brigadier General Taylor," expressly pardoning Morrow for his conduct on the 20th of September, and addressed "to all officers of the United States' Army," dated, Camp-Stewart, 1st November 1814. The condition was that he should report himself "without delay" to his company, of Col. P. Pipkin's regiment. In compliance with the condition in the general order, he returned to his company on the 8th November, as is shown by the muster and pay roll. His pay, $66 35 cents, was also certified to be due from the United States, to December 21.
In a former paper we gave the facts as to the good conduct of John Harris. It is singular that his name does not appear on the muster or pay rolls of Captain Strother's Company.
We shall resume the examination in our next.
TENNESSEE MILITIA.
From the proceedings of the Court Martial convened at Mobile, Dec. 5, 1814, communicated to the House of Representatives, on the 25th of January.
The Court having been qualified in presence of the prisoners, who having been previously asked if they had any objections to any of the members, and having answered in the negative proceeded to the trial of Jacob Webb, a private of Captain Strother's company.
Charge—Desertion.
Specification. In this: that, on the night of the 19th September, 1814, he deserted his post while on guard, between the hours of six in the evening and six of the morning of the same month, September, 1814.
Charge 2d—Mutiny.
Specification. In this: that, on the morning of the 20th September, 1814, paraded with the mutinous party, and at the end of reveille beat, marched off with them, yelling and firing scattering guns, and after arriving within the neighborhood of Fort Strother, between the 20th and 30th September, 1814, he headed the mutinous party, of Captain Strother's company.
Charge 3d—Robbery.
Specification. That, between Fort Strother and Fort Deposit, he stopped a waggon, and took out a barrel, belonging to the Contractor's agents, Messrs. Pope, Braham, and Hickman, in the month of September, between the 20th and 30th of the same.
To which charges and specifications the prisoner plead Not Guilty.
Lieut. David Mitchell, a witness in behalf of the prosecution, being sworn, states; that he is totally unacquainted with the matter.
Lieut. Thomas Horne, a witness in behalf of the prosecution, being sworn, states; That he was officer of the guard on the 19th Sept that the prisoner belonged to his guard, refused to do the duty, of a centinel on post, and did not return, after going to his tent, although ordered to do so. & continued there during the night On the morning of the 20th September, the mutinous party left Fort Jackson, after which the prisoner was missing, and candidly believes he accompanied them
Captain Strother, a witness in behalf of the prosecution being sworn, states: That he believes the prisoner paraded at reveille, as charged, and he is certain that he marched off with the mutinous party.
John Carroll, a witness in behalf of the prosecution, being sworn, states: that the prisoner was not the man who forcibly took the provisions of the contractors waggons
The Court adjourned, for want of evidence, until to morrow at 9 o'clock.
The Court met, pursuant to adjournment present the President and Members; and proceeded to the further examination of witnesses
Green B. Newson, a private of Strother's company, a witness in behalf of the defendant, being sworn, states; that the prisoner deserted his post at Fort Jackson, went off with the mutinous party, and, when in the vicinity of Fort Strother, was elected captain of the party, does not know who robbed the waggons of flour; that the prisoner, as captain, ordered them to interfere with nothing at Fort Strother, and accordingly, nothing was touched.
Samuel H. Burton, a private of Captain Strother's company, a witness in behalf of the defendant, states; That he believes Webb was not present when the flour was taken from the waggons.
Samuel Gibbs, a private of Capt Strother's company, a witness in behalf of the defendant, being sworn, states; That the prisoner did march off on the morning of the 20th Sept-ember, with the mutinous party and believes the prisoner was not concerned in taking the flour from the waggons.
J. Webb, a private of Capt. Strother's company a witness in behalf of the defendant being sworn, states; That the prisoner took command of the mutinous party of Captain Strother's company, at the request of a majority of comforting the sick, and preventing violence on the forts.
The prisoner, in his defence, states, that he served three months faithfully, and conceived, from the best information he could get, that his term of service had expired; that he was told, by both non commissioned officers and privates, that it was nothing but right to go home; and as soon as he discovered his error; he returned to his duty.
The Court, after mature consideration on the evidence adduced, find the prisoner, Webb, guilty of the first and second charges and specifications, and sentence him to receive the punishment of death by shooting
David Morrow, a Sergeant of Captain Strother's Company, was tried.
Charge 1st—Mutiny.
Specification. In this; that, between the 20th and 30th September, 1814, he carried about a paper to get signers to go home on the 20th of the same; also, on the morning of the 19th September, 1814, he forced the guard at the issuing house and broke the door. and rolled out several barrels of flour; went to the bullock pen, shot down several beeves, brought them to camp, here issued the beef and flour among the mutinous party cooked it, and on the morning of the 20th September, 1814, at the end of reveille beat, marched off at the head of the mutinous party of captain Strother's party. yelling and firing his gun.
Charge 2d.—Exciting to Mutiny
Specification. In this: persuading soldiers to go home on the 20th September, 1814. and not reporting those who were speaking words tending to lead men to the act of mutiny, as required by a regimental order of the 23d August, 1814.
To which charges and specifications, the prisoner plead not guilty.
Stephen Ray, a sergeant Capt Mebane's company, a witness in behalf of the prosecution, being sworn, states: that he was on fatigue on the night of the 19th of September: some of the party expressed their dissatisfaction at not having an opportunity of cooking provisions to go home, as was those in camp when the prisoner said, that any person who intended going home the next morning, was a fool for being there at work; accordingly, a great many of the party left their duty, and repaired to the camp to cook and that he prisoner did march off on the morning of the 20th with the mutinous party, yelling and firing their guns.
Philip Bryant, a private Captain Strother's company, a witness in behalf of the prosecution, being sworn, states; that he saw the prisoner with a subscription paper, and heard it read, going about to procure subscribers to proceed home on the 20th of September, 1814, saw the prisoner at the issuing house; heard him order another man to break down the door; saw him picking out flour, and having it rolled out, on the 19th September; that the beef was brought into camp on the same day, and the prisoner issued both beef and flour to the mutinous party; that he prisoner marched off at the head of the mutinous party of Captain Strother's company, at the end of the reveille beat, on the morning of the 20th September, yelling, and firing his gun, that the prisoner persuaded soldiers to go home on the 20th September, 1814.
Col P. Pipkin, a witness in behalf of the prosecution, being sworn states; That on the morning of the 19th September, as well as he recollects, the prisoner was actively employed in getting the provisions rolled on between the issuing house and the encampment, on the night of the 17th or 18th of the same month, the prisoner came to his tent, and asked permission to go into a small house and write a letter to his family, stating that he had declined going home; that he saw the letter, which was expressive of his intention of staying in service until he could get an honorable discharge; on the morning of the 20th, thinks that the prisoner paraded in the right of his mutinous party of Capt. Strother's company, at the beat of reveille, and is not positive whether he marched off in that way or not, but believes he did; and he disremembers the prisoner reporting any of the party who were acting mutinously.
George Cohee, a Corporal of Captain Strother's company, a witness in behalf of the prosecution, being sworn, states: That the prisoner issued the provisions on the 19th September, to the mutinous party, and further believes the prisoner fired his gun on the morning of the 20th, when marching off from Fort Jackson.
Green B. Newsom, a private of Captain Strother's company, a witness in behalf of the prosecution, being sworn, states: That he believes the prisoner was not of the party who brought in the beef and was at the head of the mutinous part of Captain Strother's company, when they marched off on the morning of the 20th September, 1814.
George Gumreel, a corporal of Captain Strother's company a witness in behalf of the prosecution, being sworn, states; That the prisoner was not of the party who shot the beeves at the bullock pen.
Captain Strother, a witness in behalf of the prosecution, being sworn, states: That he prisoner marched off with the mutinous part of his company, on the morning of the 20th, and that the prisoner never reported any men to him who were speaking of going home from Fort Jackson.
The prisoner having refused the privilege of producing any evidence in his behalf, exhibited an honorable discharge from the 28th infantry, with the following General Order.
"CAMP STEWART, 1st Nov. 1814.
GENERAL ORDERS.
To all officers of the United States Army:
Whereas David Morrow, belonging to Captain Strother's company, attached to the first regiment Tennessee Militia, who deserted from Fort Jackson on the 20th or 21st September last, has come forward & surrendered himself to this camp; has acknowledged the error of his conduct, professed his penitence for the same, and begged permission to join his company, and serve out his time of service, or duty, as a faithful soldier, he is hereby pardoned, on reporting himself to his company, of Col. P. Pipkin's regiment, without delay, subject to the will of the commanding General.
The officers commanding at stations are directed to furnish him with rations, and the said David Morrow is permitted to join Captain [illegible] him to do so,
In order more safely to pursue his proper journey to his proper station
By command:
GEO. DUFFIELD.
Aid-de-Camp to Brig. Gen. Taylor."
And states in his defence, that the reason of his leaving the service, was in consequence of the advice which he received from his captain, corroborated by the opinion of Gen Johnston, Colonel Chatham Captain Earp, as well as many others, who stated that there was no existing law, within their knowledge, compelling men to stay in service longer than three months; as well as an assurance of Sergeant Cheek, who said that he had once left the service under the same law, and had not received any punishment for doing so; and furthermore, throws himself on the mercy of the Court.
The Court, after mature consideration on the evidence adduced, find the prisoner guilty as charged, with the exception of forcing the guard and killing the beeves, and sentence him to receive the punishment of death by shooting.
The Court adjourn until to-morrow nine o'clock.
The Court met, pursuant to adjournment. Present, the President and Members: and having been qualified before the prisoner, Lewis, who having been previously asked if he had any objection to any of the members of the Court, and, answering in the negative, proceeded to the trial of Henry Lewis, a private of Captain Mebane's company.
Charge 1st—Exciting to Mutiny.
Specification. In this; that, between the 10th and 20th September, 1814, in presence of a large portion of the troops, said there was no law to compel militia to serve longer than three months, at any time, and said that he would go home on the 20th September, 1814, and that he would take provisions where he could find it.
Charge 2d—Mutiny
Specification. In this; that on the morning of the 19th September, 1814, he went to the bullock pen, shot down several beeves, brought them to the camps, made a proclamation for the mutinous to draw rations to take them home, of the beef and flour that was forcibly taken; cooked it; and on the morning of the 20th September, 1814, at the end of reveille, marched off at the head of the mutinous party of Capt. Mebane's company, yelling, and firing scattering guns.
To which charges and specifications the prisoner plead Not Guilty.
Major Hicks, a witness in behalf of the prosecution, being sworn, states: That he heard the prisoner say there was no law, to serve longer than three months, and he intended going home at the expiration of that time, and he or they would take provisions where it could be found; heard Major Hicks state to him, upon honor, that there was law, he had seen it, compelling militia to stay six months: that he had seen, in a Virginia newspaper, that the act of 10th April, 1812, had been revived in 1814, upon which the prisoner replied it was nothing but newspaper law, and he would not believe a word of it.
Major Rolston, a witness in behalf of the prosecution, being sworn, states, that he saw the mutinous part of Capt. Mebane's company march off yelling and firing scattering guns while reveille of Fort Jackson was beating saw at the head the prisoner in the right party of the Capt line Mebane and at s comp theem of the reveille, counter-marched from the right and took the road
Lieut. John T. Cooksey, a witness in behalf of the prosecution, being sworn, states: That the prisoner marched off at the head of the mutinous part of Captain Mebane's company, on the morning of the 20th Sept.
Corp'l James Gamble, of Captain Strother's company, a witness in behalf of the prosecution being sworn, states: That he heard the prisoner say he believed there was no law compelling militia to stay in service longer than three months: he would be glad to see such a law as he had served one or two tours of duty. and if it was justice, he was willing to serve six months; and that the prisoner did not kill the beeves at the bullock pen
Lieut. Richard Swanson, a witness in behalf of the prosecution, being sworn, states: That he saw the prisoner with the mutinous party. when he provisions were issued, and believes he received his proportionate part.
William D. Routon, sergeant of Capt. Mebane's company, a witness, being sworn, in behalf of the prosecution. saith, that he believes he heard the prisoner say there was no law. he never saw any person who had seen any law compelling militia to serve longer than three months; and, unless such a law was shown him. he would go home on the 20th Sept. 1814
The prisoner having voluntarily refused to produce any evidence in his behalf, states, in extenuation of his conduct, that he was led astray by the erroneous opinions of men of better information, who positively assured him there was no law compelling militia to serve longer than three months: that he was as much persuaded off by Sergeant Hooker; regrets a disgraceful act, and throws himself on the mercy of the Court.
The Court, after mature deliberation on the evidence adduced, find the prisoner guilty of the first and second charges, first specification, and so much of the second specification as marching off at the head of the mutinous part of Captain Mebane's company, on the morning of the 20th September, 1814; and sentence him to receive the punishment of death, by shooting
[To be continued]
As most of our readers are anxious to see the documents which have been furnished by the War Department, concerning the Tennessee Militia, we have commenced publishing them as they are given in the National Journal. The expose of this affair, has caused no little excitement in the ranks of the opposition. As a last resort, they fly to the white-washing report of the committee of military affairs, and vainly hope that this will satisfy the people. But the truth is, this report does not, nor cannot explain away the law and the facts. That these unfortunate men were executed contrary to justice and humanity, is clearly and satisfactorily proved. The people will decide whether the author of these horrors, is worthy of the highest office in their gift.
What sub-type of article is it?
Historical Event
Military Action
Crime Story
What themes does it cover?
Justice
Misfortune
Crime Punishment
What keywords are associated?
Court Martial
Tennessee Militia
Mutiny
Desertion
Execution
Fort Jackson
War Of 1812
What entities or persons were involved?
Jacob Webb
David Morrow
John Harris
Henry Lewis
David Hunt
Edward Lindsey
Captain Strother
Col. P. Pipkin
George Duffield
Brigadier General Taylor
Where did it happen?
Mobile, Fort Jackson, Fort Strother
Story Details
Key Persons
Jacob Webb
David Morrow
John Harris
Henry Lewis
David Hunt
Edward Lindsey
Captain Strother
Col. P. Pipkin
George Duffield
Brigadier General Taylor
Location
Mobile, Fort Jackson, Fort Strother
Event Date
September 1814 December 1814
Story Details
Tennessee Militia men tried by court martial at Mobile for desertion, mutiny, and related charges stemming from their departure from Fort Jackson believing their three-month service had expired. Webb, Morrow, and others found guilty and sentenced to death despite defenses of misinformation and prior pardons; article critiques the executions as unjust.