■:M Mahtin(w~ THE SELF VINDICATION COLONEL WILLIAM MARTIN, AGAINST CERTAIN CHARGES AND ASPERSIONS MADE AGAINST HIM GEN. ANDREW JACKSON AND OTHERS, IN RELATION TO SUNDRY TRANSACTIONS IN THE CAMPAIGN AGAJKST THE \/'V^*"'' CR£EK INDIANS IN THE TEAR 1818. NASHVILLE: PRINTED BY JOHN S. SIMPSOJf, 1829. A TO THE PUBLIC. The following article, which appeared in the National Banner and Nashville Whig in July, 1828, was called forth by a sense of duty, with a view to repel certain as- persions calculated to wound the feelings, to injure the character, and to distress the relatives and friends of a man in the decline of life, who had labored to serve his country faithfully, and to discharge his duties, both pub- lic and private, in all the situations in which he had been called to act. It is now published in a more durable form, together with some additional statements and com- ments, fortified by authentic documents from the most respectable sources. • To the Editor of the National Banner and Nashville Whig. Sir: Unwilling as 1 am to appear in the public prints, I am nevertheless under the necessity (injustice to myself) of doing so, in order to put to silence certain slanders which have recent- ly been circulated against me, and must ask the favor of you to publish this in your paper, with the accompanying documents. In October last, 1 enclosed to the editors of the National In- telligencer, the amount due for my subscription to that paper, accompanied with some remarks of my own, on the subject of the election now pending for President of the United States. These remarks were published in that paper of the thirteenth December last, on the appearance of which, some of General Jackson's friends, with more zeal than regard to truth and jus- tice, reported " that the writer of that letter had wanted to run away from the Creek nation, but General Jackson would not let him," having reference, no doubt, to what is said by the Gene- ral's biographer respecting a dispute which took place between GenerafJackson and a brigade of United States' volunteers under his command on a campaign against the Indians in the year eighteen hundred and thirteen, on the subject ol their t-rm of service, &c, of which brigade I was a member at the time, and commanded the second regiment. This report has ever since been going the rounds to my prejudice, which, to- gether with frequent allusions bv the public prints to that dis- pute, as well as some things said by General Jackson lumselt about me individually, as connected with that transaction, has brought ttif to the determination to lay before the public the 4 documents or papers referred to above, by which it will fully appear that the charge of mutiny among those troops, was a foul slander. Pursuant to the acts of Congress under which these men were received and mustered into the service of the United State?, their term of service would expire on the tenth day of Decem- ber, eighteen hundred and thirteen. About three weeks before that time, in conversation with the General on that subject, I told him the men claimed the right of being discharged on that day; that I made the communication in order that he might know the fact as it was, and take his measures accordingly by calling out fresh troops, or in any other way he might think pro- per. This communication he appeared to receive kindly, and said he was disposed to do, on the occasion, whatever was right. I think this was on or about the sixteenth or seventeenth of No- vember. Every thing continued quiet until about the first of December, when it was undeistood that the General had said that the men were not entitled to be discharged on the tenth, nor should they be discharged until they had completed one full year's service, regardless of the discharge they had received in April previous; although he had said at Nashville, about the time when his order issued for them again to take the field, that they would be entitled to a discharge on the tenth of December. This declaration of his was circulated among the men, and was the mo|t efficient means of prevailing with them again to turn out, they havipg thought themselves finally discharged in April as above. The determination of the General (who held their confidence in a high degree) to compel them to sLay longer than that time, was so unexpected, and as they thought, so unjust, that it produced among them much uneasiness; on which, I ad- dressed, on the fourth, a letter to the General, which lc'd to the following correspondence: Fort Strother, December 4, 1813. May. Gen. Jackson, Sir: Painful as it may be, and certainly is to me, it nevertheless becomes my duty to disclose to you a disposi- tion which prevails in the regiment I command, and by which I fear you will on the tenth day of this month, lose that portion of your present force. This will be a serious misfortune, as it will go far to frustrate, for the present, the further operations of the campaign, which it is every way important to prosecute with vigor. But it is una- voidable. On that day they will claim their discharge as matter of right So they contend: and beyond that day they cannot by coejv cion be kept, a? I believe. They further contend that they thought themselves finally discharged on the twentieth of April last, and never understood to the contrary until your order of the-----day of September last appeared, ordering them to rendezvous at Fayette- Tilleon the fourth of October, when, for the first time, they Wer« o informed that they owed further service pursuant to their forme* tender, the discharge which you had given them to tie cottrary notwithstanding. Thus situated, there was a considerable disincli- nation to otey that order; on which the officers generally, as 1 am advised, (and I know myself in particular,) gave it as an unequivocal opinion that their service would terminate on the said tenth day of December. This was done from a conviction of the correctness of the opinion, and further to stimulate the men to turn out, on which they were generally prevailed on to join the army agreeably to your orders. This having been the fact, they have 6teadily kept their eye on that day as the time of their release, it having completed twelve months from the time when they rendezvoused at Nashville, and were regularly mustered into the service of the United States, pursuant to the proper authority. They therefore look to their general, who holds their confidence, for an honorable discharge on that day; and that he will also see that justice is everyway done them. They regret that their peculiar situations require them to leave their general at a time when their services are important to the common cause. Their apology for this step is, that when the order of march was received, they were taken at surprise, not ex- pecting again to be called on; and furthermore, the time allowed for preparation was so short, it being by many not more than one or two days, that many who were poor had not time to make arrangements for their families, or provide themselves clothing necessary for a winter's campaign. Nay, they were assured that they would not be kept in service beyond the said tenth of December; and if they do pot get home soon, there are many of them that will be literally ru- ined. This, sir, is a concise representation of things in this regiment. But should you construe the law otherwise than has been mentioned, it will be placing the officers generally, and myself in particular, in a delicate situation: for all, or nearly so, having conceived that, from the law, they could not be kept in service longer than the day mentioned, and having advanced that opinion repeatedly and pub- licly before they joined the army, and having had no reason to change that opinion,they have never attempted to conceal it. This has been the case with myself, and all those with whom I have con- versed upon the subject say that it was the case «ith them also. In fact, this was one of our strongest arguments to get them out. It has been insinuated by some, that the general has said that they (the men) should not be discharged before next summer. Hut this they will not believe, until they receive it from himself, which they believe they never will. It is with me, sir, to know much of what is passing in this regiment, being always in my place and never asleep on my post. It is need- less To hint at the consequences which will (beyond this place) result from a disorderly movement from hence. From a sense of duty I owe you, sir, myself, and the regiment I have the honor to command, 1 take the liberty with much deference to make to you this representation, ft would be desirable for those 6 men, who have served with honor, to be honorably discharged; and that they should return to their families and friends without even the semblance of disgrace; and it is even believed that it « ™,th their general, whom they love, to place them in that situation. They say, and with truth, that with him they have suffered, have fought, and have conquered. They feel a pride in having fought under his command. They have viewed him as an aflectionate father, while they have honored, revered and obeyed him, but having devoted a considerable portion of their time to the service of their country, by which their domestic concerns are much deranged, they wish to return and attend to their own affairs. Above all things, they wish to part with their general with that cordiality with which they have served together. A different state of things would blunt the agree- able recollection of their former services together, and would be, by them, considered as one of their greatest misfortunes. This is the language, and these are the feelings of those noble hearted soldiers. lam aware of the difficulties with which you have had, and still have to contend, and for myself, can only say, that my feeble aid has been on your side. Two advantages may be derived from discharging the men at the time mentioned, viz: The most of them would give up their arms for an equivalent; and furthermore, it is believed that many of the young men will re-engage. With due respect and high consideration, 1 am your sincere friend, WILLIAM MARTIN. Head Quarters, Fort Strotheii, Dec. 6, 1013. Col. Wm Martin, Sir: I have received,by the hands of Maj. West, your letter of this evening, and having perused it with great atten- tion, I shaH give it a deliberate answer. 1 know not what disagreeable scenes are to be produced on the tenth instant; but whatever they may be, as 1 shall have the con- sciousness that they are not chargeable to any conduct of mine, I trust 1 shall not be driven, by them, from a performance of my duty. It will be well, however, for those who claim to be discharged, on that day, from further service, and who are about to hazard their honor and their lives upon the correctness of their pretensions, to examine, beforehand, with great caution and deliberation, the ground* of their claims. Are they founded upon any false assuran- ces given them by me, or upon any deception which I have practised ifpon them? Was not the act of Congress, under which they are en- gaged, directed, by my general order, to be read and expounded to them, before they enrolled themselves? That order will testify, and so will the recollection of every general officer in my division. It is not then prelendcd that those who claim now to be discharged on the tenth, were not legally and fairly enrolled under the act of Congress of the sixth of February, eighteen hundred and twelve jlave they performed the service required of them by that act. and which they then solemnly undertook to perform? That act required of them one year's service out of two, to be computed from the ti;TK, n oftheir being rendezvoused, unless they should be sooner discharged. Have they performed one year's service? This cannot be seriously pretended. Have they then been discharged? And here it is proper to ask who has the power to discharge them? and surely but one answer will be given—" the President alone, (in the recess of Congress,) through his organ, the Secretary at War." Has the President then, ever exercised this power with which he is thus exclusively invest- ed? He has not; and that organ, through whom, on such occasions, he speaks, has told you that he had not the power to discharge you, and that he believed the President could not exercise it until they had performed that term of service which they had pledged them- selves to perform. How then has the opinion obtained currency, that these men have once been discharged? To account for so extra- ordinary a beliei, it may be necessary to take a review oi past c ircum^tRDCGS More than twelve months have elapsed since we were called upon to avenge the injured rights of our country. We obeyed the call. On the tenth of December, a day ever memorable in the annals ot patriotism, we rendezvoused at Nashville. In the midst of hardships, which none but those to whom liberty is dear can bear without a mur- mur, we descended the Mississippi. It was believed our services were wanted in the prosecution of that just war in which our country was engaged, and we were prepared to render them. Bat though we were disappointed in our expectations, we established tor Tennessee a name which will long do her honor. At length we received an order from the Secretary at War, dated, 1 think, ou the sixteenth ot March, (1 write from memorv) dismissing us from service. I say dismissing us; but we were not discharged. You will recollect the circumstances of wretchedness in which this order was calculated to place us We were deprived, by it, of every description of public property- no provision was made for the payment of our troops, oi for their subsistence on their leturn march. Contrary to the opin- ion of many, 1 hazarded a disobedience ofthat order, which was so manifestly unjust and contrary to law. I marched ray men to Co- lumbia, where it was thought advisable to dismiss (not discharge) your regiment; and surely it cannot be forgotten by any officer or soldier in your regiment, what a sacred pledge they al gave before thev were dismissed, or had obtained my " certificate," (which is now so strangely attempted to be construed a discharge) to obey the call of their government, ifit should re-summon them into service. But for that pledge, that certificate had never been given. NeKher can it be forgotten. I dare hope, for what purpose that certificate was ffiven It was to entitle those brave men who had accompanied me, to certain extra emoluments specified in the seventh section of the act under which they had engaged themselves, and which they were to cniov if not re called into service, for the balance of the term, by order of government. A copy of that section 1 send you, and need not therefore be particular upon its contents. Is it true then that my soliciwde for the interests of the volunteers is to become the pre- rj text under which they would disgrace a name, already rendered illustrious through the land? Is the " certificate" by which I would have secured their emoluments that ihey would otherwise have been, unentitled to, the "discharge" under which they are about to be- come mutineers? Surely, it cannot be. Where then. 1 would ask again, are the grounds upon which these men claim to be discharged? Have they performed the term of service required of them by the act under which they enrolled themselves? They have not. Have they been discharged by any competent authority? They have not. Have 1 any power to discharge them, unless authorized by my government or until the arrival of that time at which the law dis- charges them? I have not. Even if I were weak or wicked enough to attempt the exercise of a power which I do not possess, can any one believe that the soldier would be thereby exonerated from the obligation he has voluntarily taken upon himself to his government? Does any one think so lightly of my head or of my heart, as to believe I would attempt it? Indeed he is mistaken. I know my duties, and it shall be seen that I will perform them. If I were to arrogate a power which is not given me by the laws or the constituted autho- rities, in discharging my men before their term of service is expired, I should become a traitor to the great concern which has been en- trusted to my management, and the soldier who had been deceived by a false hope of liberation, would be still liable to redeem the pledge he had made to his government. I should disgrace myself, without benefiting them. It would be the most pleasing act of my life to save from the disgrace which awaits them, if they attempt to carry their present purpose into execution, those brave men who have done so much for their country, and who by that country have been so much honored. The very moment the power is given me of discharging them, 1 will exercise it. It would pain me exceedingly that any other sentiment should ever be felt towards them by their fellow-citizens, than that of gratitude and approbation; and as I have always endeavored, so 1 shall continue to endeavor, to secure to them this great blessing. My feelings towards them are indeed those of a father to his children; but a father never deceives his children. Neither have 1 ever deceived them, nor will 1 deceive them now. On all occasions I have sought to promote their interest, and even to gratify their wishes when that could with propriety be done. When they had been so strangely dismissed in the country below, " with- out food and without raiment," 1 applied to the proper authorities, and obtained a discharge of their arrearages, and u compensation for their return expenses relieving that they had been improperly treated, I even entreated the government to discharge them from the obligation the> bad entered into, so anxious was I to gratify their wishes, and secure them the extra emoluments which those are enti- tled to who haveb^tn honorably discharged! You kt.ow the answer of the Secretary at War. that neither himself nor the President, as he believed, had then the power to dischaige us. I have written to ibe Governor of Tennessee, eren for permission to discharge tne 9 Volunteers; his answer is hourly expected, and the moment it armet, whatever may be its nature, it shall be publicly announced. If he will even signify to me, (and 1 have asked his opinion in such a way that he will not be able to refuse it) that I am authorized to discharge them, I will obey it as a command. I have even gone further. I have sent on to raise new volunteers, on my own responsibility, to complete the object of the campaign, which has been so happily begun, and, thus far, so fortunately prosecuted. The moment they arrive, (and 1 am assured that, fired by the name we have acquired, they will hasten in crowds at the first intimation of our needing their services) I will permit them to substitute the places of those who are discontented here, and the latter to retire to their homes with all the honor, which, under such circumstances, they can carry along with ■ them. I, who have always been so jealous of the fame of the volun- teers, will not, even in the moment in which they have forgotten themselves, become their traducer. But I still cherish the hope, that the evil has been magnified, and will be dissipated by the exer- cise of reflection. 1 cling to the belief, as 1 would to the last hold on life, that when the hour of trial comes, "the volunteers of Tennes- see"— a name ever dear to fame—will not disgrace themselves and a country, which they have honored, by abandoning its standard as mutineers and deserters. But should I be disappointed, and com- pelled to resign this "last, best hope " one thing 1 will not resign, my duty. Mutiny and desertion shall be put down, so long as I retain the power of quelling them; and when deprived of this power, I shall, in the last extremity, be still found in the discharge of my duty. I can only deplore the situation of those officers who undertook to assure their men that their term of service would expire on the tenth instant; but surely this is not understood as sufficient to vacate op affect the contract which those men had previously entered into with their government, or as furnishing any good reason for me to exer- cise a power which I do not possess. I presume too. they merely expressed their opinion, as men, upon the construction of an act, which, however indiscreet, they had a right to do, without giving any assurance, as officers, which they had no authority to give. 1 have said that the moment the volunteers have performed the service required of them by the act of Congress under which they engaged themselves, or it is signified to me by any competent autho- rity, even by the Governor of Tennessee, or General Pinckney, who is now appointed to the command, that they may be sooner discharg- ed, that moment I will prenounce their discharge. 1 have only the power of pronouncing a discharge* not of giving it, in any case; a distinction which I could wish all the volunteers would bear in mind. I have even gone further, and said that when the new volunteers arrive (and it will not be long before they do) so as to enable us to prosecute tiie campaign, those of the present corps, who are disaffec- ted, will be permitted to resign their places to them, and return to their homes, leaving- their gins ivith their quarter master, for which, 2 10 they will receive ten dollars each. Further than this I cannot g*», and further than this I ought not to be exacted to go. I am, very respectfully, your most oi etlient sei vant, ANDREW JACKSON, Major General. Fort Strother, 28th December, 18Ki. Maj. Gtn. Jackson, Sir: In your letter to me of the sixth instant, you had reference to a certain pledge which the second regiment had given of their future service whenever called on by their govern ment; and but for which, the certificate given by you, entitling them to certain emoluments, would not have been given. If. sir, you have any written evidence ol that pledge, you will oblige me by giving me a copy of it Respectfully, 1 am your obedient humble servant, WiLLIAM MARTIN. Head Quarters. Fort Strother, Dec. 8, 1813. Col. Wm. Martin, Sir: 1 have just received your note of this day, dated, by mistake, the twenty eighth, and hasten to answer it. 1 have no written evidence oi the pledge of the volunteers tor fu- ture service, with me. I have only to ask if the officers of that corps ha.\e forgotten, or are prepared to deny that such a pledge was really given? I hope the phraseology of my letter of the xixth, has not led you to believe I meant to insinuate that the conduct ol the volunteers, in the expedition to the lower country, had not been such as to entitle them to any honorable expressions which their general could have used, had he been authorized to grant them a •• discharge"1 at all. I hope too, when I say "but for their pledge that certificate had not been given," I am not understood to signify that the one was ex- changed for the other, in the way of barter. My meaning was, that notwithstanding the high sense 1 had of the patriotism and services of the volunteers, and notwithstanding the strong wish 1 felt to insure them all the advantages and emoluments, to which a certifi- cate of honorable service and dismissal might entitle them in the event oftheir not being again called into service for the balance of their term, yet 1 did not think it prudent, or even feel myself at liberty to grant them, at that time, such a certificate as was then granted, until they had given such a pledge as they then gave. I am, respectfully, your obedient servant, ANDREW JACKSON, Major General. Head Quarters, Fort Strother, 8th Dec. 1813. Maj. Gen. Andrew Jnckson, Sir: Your letter of the sixth instant was handed me yesterday by Maj. Potter; the contents of which resolve themselves into but few points, to which I beg leave to make such remarks as may occur. In doing this, 1 wish it to be understood that I consider this a case different from ordinary concerns of an army. It has been a maxim with me, and ought to be with every 11 soldier, to obey, without hesitation, the commanda of his superior officers. But on a question which involves the legal and constitu- tional rights of the soldier, he then has a right to speak in his own defence. The main question at issue between the General and his regiment is, whether by the acts of Congress of February and July, eighteen hundred and twelve, this regiment is entitled to an honorable dis- cbarge, with all the emoluments provided for by law, on the tenth December, eighteen hundred and thirteen, or whether it is not. You say 'it is not. And as it is my misfortune to be of a different opinion, it becomes my duty to assign my reasons for that opinion, and to contend for a principle which involves much interest, and which I think correct. I wish again to call your attention to the act of Congress of the sixth of February, eighteen hundred and twelve, which I have not access to, but which I am confident I recollect sub- stantially. That act, after prescribing the mode of tender, accep- tance, &c. provides "that if they (the volunteers) should be called into actual service, they shall be bound to continue in service twelve months after they shall have arrived at the place of rendezvous, unless sooner discharged." It is admitted by all that these volun- teers were called into actual service, and rendezvoused oi the tenth of December, eighteen hundred and twelve. It follows then, as a necessary consequence, that unless sooner discharged, the term of service for which they engaged will expire on the tenth December, eighteen hundred and thirteen. Much stress has been laid on the word discharge, and who has the power to give or order such dis- cbarge You say, the President alone, in the recess of Congress, through the Secretary of War Be it so. Here it may be necessary to take a review of some transactions which took place after the rendezvous at Nashville; that after descending the Mississippi, you received an order from the Secretary at War, directing you, on the receipt of that order, (for certain reasons) to dismiss the detach- ment then under your command from further service. 1 feel confi- dent that the words/urfAer service were mentioned. But tor good and sufficient causes, you did not literallv obey that order, but marched the men to Columbia, into that section of country from which they were taken. For this, you received the plaudits of yoar country. And then you gave, or ordered each man a formal dis- charge, in the following words, to wit: " I certify that A B enrolled ' himself as a volunteer unHer the acts of Congress of rebruary sixth, eighteen hundred and twelve, and July sixth, eighteen hundred and twelve, and that he has served as such, under my command, on a tour to the Natchez country, from the tenth of December, eighteen hundred and twelve, to the twentieth April, eighteen hundred and thirteen, and is hereby discharged " „„.„,.., ,, ■ n (Signed,) ANDREW JACKSON, May Gen. I say formal, becair-e the discharge was not only so in point ot words, but tl -•♦ the men were previously, in due form as I conceived, musteredout of service; and that this was, by the whole detachment, IS at that time, considered a complete and final.d. charge Er« yourself, sir, I did then believe thought it so. That if_ an, .■«■»££ on that head had existed, your own declarations, on thyt^y w«t sufficient to remove them, which were to some of the office s (as am advised) that the discharges were complete; and by^ which, a* they understood vou the men could not again be called ,nto service. From all of which I say, the officers and soldiers had a right to sup- LTe themselves absolved from the obligttion which they had laid themselves under by their tender of service. Hence, they returned lothef homes under that impression, either selling or carrymg the. arms with them, without any injunctions not to part with them. But TtTeemsfrom your letter that you understood »t »o have be.ndismis- Bed, (not discharged,) which is the expression ,n the instrument. The sen ence in your letter is, " I marched my men to Columbia, when it was thought advisable to dismiss (not discharge)your regiment; and surely it cannot he forgotten by any officer or soldier of that regi- ment; what a sacred pledge they all gave before they were dismissed, or had obtained my certificate (which is now so strangely attempted to be construed a discharge) to obey the call of their government if it should re-summon them into Service. But for that pledge that certificate had never been given." # Now. sir, the expression is discharge, (not dismiss) as will appear on the face of the instrument itself. That this should have been for- gotten, is to me matter of surprise; and I am rill more surprised that I should have so completely forgotten the solemn pledge made by the regiment which you speak of. and on which your certificate (as you term it.) but which I call a discharge, was given. However, there is one thing I well remember, to wit: That alter the men were mustered out of service, and the column were marched into Colum- bia, they were formed and tired the parting salute, and then formed into a solid column, when your farewell order was read. The offi- cers were then told, I think by Maj. Carroll, to display the column, and the officers commanding companies to apply to him for the dis- charges of their respective companies, deliver them to the men and disperse. On which the first regiment did display, and marched ofl Col. Benton then called the attention of the second regiment, and read an answer to your farewell address, expressive of the high sense they, the officers and soldiers, felt of your merits, their respect for your person, and their confidence in you as their leader, &c. This was unanimously agreed to, and this is the only pledge that I know- any thing about: and 1 believe that every officer in the regiment is prepared to say that it was the only one given, and this, after all the arrangements for discharging were made, and which pledge I did believe yo>' knew nothing of until it was over. Nay! some of the offi- cers say, that at the time it was made, they had the discbarges for their men in their pockets. How then, this could be the considera- tion on which the discharges or certificates were given, is to me a mystery. So much for the discharge in question. I now beg leave to state some of the reasons which gave rise to a different opinion, 13 to wit: that they owed further service, and that that service would be completed on the tenlh of December, eighteen hundred and thir- teen. It may, and I presume will, on calling your recollection to the subject, be remembered, that when the committee met in Nashville in September last, for the purpose of taking into consideration the then state of things, a sub committee was appointed to wait on you, to obtain your opinion on some particular points. In the course of conversation, a campaign against the Creeks was spoken of. and the volunteers under your command were named as a desirable force; on which the question arose on the legality of calling them again into service, they having thought themselves discharged; on which you stated the opinion of the Secretary at War on that subject, and pro- duced his answer to your inquiry (through Mr. Campbell) touching that point, to wit: that neither he nor the President, as he believed, had the power to discharge them until the time for which they had engaged expired; they then would be entitled to a stand of arms and all the emoluments provided for by law. It was then observed by a member of the committee, that if we were not discharged, we were as matter of course still in service. You replied, certainly. And it was then observed by the same member, that if in service we must be in pay. Your reply was, to be sure, or words tantamount to that, and you further added, that you would hold on the secretary for the pay during the whole time. I do not rest this on my own recol- lection only, but it is supported by the recollection of some officers of high rank and character now in the army. This opinion coming from our general, (and whose opinions were with us all but ortho- doxy) it was disseminated among the volunteers with great industry, and could lead to no other conclusion than that the term of»ervice would expire on the said tenth of December, eighteen hundred and thirteen. This conclusion was enforced (after giving up the idea of having been discharged) from a review of the law of the sixth Feb- ruary, eighteen hundred and twelve, and also by referring to the muster rolls made out at Nashville, which emphatically state in separate columns, the time when enlisted, say tenth December, eighteen hundred and twelve; the time engaged or enlisted for, say until the tenth December, eighteen hundred and thirteen. This appears of record in several company books now in camp, and was used as an argument to get the men out, to prove to them that they could not be kept in service longer than the tenth of December. Now, if all this was not sufficient to authorize the officers to give their assurances to their men without compromising their honor or betraying a deplorable weakness, I know not what would, especially at a time when this description of force was considered important to secure success in the contemplated campaign. But on the other hand, if they have, from any unauthorized assurances, betrayed the men into a false belief, by which they are brought into a perilous situation, their case is deplorable indeed, and certainly ought to ren- der them unworthy of their future confid- nee. But they do conscien- tiously believe they were every way authorized to make these assu« 14 ranees, without which the men would not have been gol 6Ut; that in any event they are blameless. However, let this business terminate as it may, I trust I shall never have cause to surrender that fcigh res- pect I have always entertained for your person, your character as a gentleman, and your great military, abilities. And in this corres- pondence if any expression has escaped me, not every way respectful, I assure you it is not intended.' 1 am, very respectfully, your obedient servant, WILLIAM MARTIN. During this time all my exertions were used to quiet the dis- contents inseparable from such a state of things. Although I did believe them (as I thought all did) entitled to be discharged on the tenth, yet I urged that if it was withheld they should not go off in a disobedient way while I could prevent it. Those exer- tions were supported by most of the officers, so that it appeared after a few days, they were disposed to wave their claim for the present, and await the arrival of fresh troops, which the General said would soon be there. Thus wert those discontents for the present quieted, and so continued until the night of the ninth, when we were aroused by the General's famous order for the brigade to be paraded. About the usual time of lying down, General Hall came to my quarters, under the appearance of considerable excitement, told me that General Jackson had ordered the brigade to parade in front of the fort, to he diir armed by the militia: for me to parade my regiment forthwith. This I did without delay, and the disagreeable scene then exhi- bited" is truly set forth in the statement of facts below; signed by General Hall and others. While the General was abusing us for mutiny, &c. he was told that the men were not in a state of mutiny, and asked for his author; he replied, Gen. Hall. This Gen. Hall promptly denied. Notwithstanding this, the General's biographer has had the unblushing effrontery to say, that44 on the evening of the ninth, General Hall hastened to the tent of General Jackson, with information that his whole bri- gade was in a state of mutiny, and making preparations lo move forcibly off." This is as false as what he says about the bri- gade, when attempting to go off previous to the tenth, being driven back to their tents by the militia, as nothing of the kind, either directly or indirectly, during the whole time these men were i*i service, ever took place. Waving this controversy between the General and those volunteers, they continued to do their duty, and behaved with their usual subordination and decorum, for which they were at all times remarkable. Not the first appearance of mutiny ever came to my knowledge and it would have been impossible for any thing of the kind to have taken place without it, I being always in the midst of them* 15 except when on command. What gave rise to the tragedy on the night of the ninth, 1 never knew, but I always thought that some misrepresentation had been made to the General at that time, as had all along been, respecting the disorderly disposition of those men. It is hardly supposable, that if they had been in a state of mutiny, as charged, they would, with such promptitude, have obeyed the order to parade for the purpose of being dis- armed, deep in an enemy's country. Let any reasonable man think of this, and ask himself, if this alone is not sufficient to refute the charge. A few days, however, after the tenth, the General ordered the brigade to be marched to Nashville, though not before the arrival of a large reinforcement of more than a thousand men, under General Cocke. On the march, an order was received from the Governor for the men to be dismissed until further order?, which have not yet come. Soon after this, some of the Nashville papers made some strictures on the con- duct of the volunteer?, on which General Hall, and such field officers of the brigade as lived in this part of the country, united in the following statement of facts, which was published in the Nashville Whig and Carthage Gazette, and never, to my knowl- edge, contradicted. On the tenth December, eighteen hundred and twelve, the volun- teers in pursuance of orders from General Jackson, rendezvoused at Nashville, and were mustered into the service of the United States by Robert Hays, muster master or inspector of the division, under whose direction and inspection muster rolls were made out designa- ting the date of enrollment or enlistment, tenth December, eighteen hundred and twelve, with the date at which their term of service would expire, tenth December, eighteen hundred and thirteen. Copies of these rolls were furnished the inspector and paymaster, and recorded in the company books of each captain. The acts of Congress of February sixth, eighteen hundred and twelve, authori- zing the president to accept of fifty thousand volunteers (of which these constituted a part) alter prescribing the mode of tender, accep- tance, kc. provides, that if they shall be called into actual service, they shall be bound to continue in service twelve months from the time they shall have arrived at the place of rendezvous, unless sooner discharged. From the provision in that law, it was believed by the whole detachment, that they could not be kept in service be- yond the time limited by the muster rolls, the only written evidence oftheir engagement with government. Under these impressions the volunteers descended the Mississippi and arrived at Washington, at which place they were stationed until about the fifteenth of March, eighteen hundred and thirteen, when the General communicated to them an order, said by him to have been just then received from the 'var department, of which the following is (in substance) a copy: "Wak Departih-nt, 15th January, 1313. The purposes for embodying and marching to New-Orleans the n> troops under your command, having ceased to exist, you will, on the receipt of this letter, dismiss them from public service, and take measures for delivering over every article of public property in your possession to JVlaj.Gen. Wilkinson. JOHN ARMSTRONG." The General, for certain reasons, did not literally obey this order, but marched the detachment back to that section of country from which they nad been taken, and after having them regularly mustered out of service, gave to each non-commission- ed officer and private, a certificate in the following words: " 1 certify that A B enrolled himself as a volunteer under the acts of Congress of February sixth, and July sixth, eighteen hundred and twelve, and has served as such under my command, on a tour to the Natchez country, from the tenth December, eighteen hundred and twelve, until the twentieth April, eighteen hundred and thirteen, and is hereby discharged. ANDREW JACKSON, Maj. Gen." Thus the volunteers thought themselves absolved from the obligation they had come under by their tender. This opinion was supported by the fact, that the arms which they had received from government as a reward for their patriotism, they were permitted to carry with them, without any injunction not to part from them; and if further evidence had been necessary to satis- fy them of the validity of that certificate, as a complete dis\ charge, the General's declarations on that day were conclusive, to wit: " The discharge was good and complete." In this belief, the men returned to their respective homes, not expecting again to be called on in virtue of their former tender. In September, a campaign against the Creek Indians was deter- mined on, and the volunteers ordered again tq take the field. Whether this order originated in Nashville or Washington City, is a question worthy of consideration. In this they were told they owed further service pursuant to their former tender. They were also told, that the Secretary at War had informed General Jackson that they were not discharged, because the power of discharging was not vested in him, nor had, as he believes, the president that power, until the term of service expired. Notwithstanding all this, there was a disinclination to obey the order of the General, not only on account of the sacri- fice of personal consideration, but because they had been once discharged, and an attempt to bring them into service again un« der their former tender, was an abuse of their rights. A cir- cumstance however, which had taken place before the issuance of this order, had the greatest influence in bringing the volun- teers to the belief that they owed further service. When a committee, composed of volunteer officers and others, met at 17 Nashville in September last, for the purpose of devising the most speedy and effectual means of affording aid to the settlers on Mobile and Tombigbee, a sub-committee was appointed to wait on General Jackson, (then confined in his bed in town) for the purpose of obtaining his opinion on some particular points, touching their deliberations. In the course of the conversation, a campaign against the Creek Indians was spoken of as the most effectual way of defending those settlements, and at the same time the United States' volunteers were named as a desirable force, on which a question arose on the legality of calling them out, having been discharged from public service by the proper authority. The General replied to this, that the Secretary at War had settled that question, and produced a letter purporting to have been received from Mr. Campbell, in Congress, stating the Secretary at War had said, the volunteers were not dis- charged, and that neither he nor the president had the power of discharging. To this the General added, that if they had not been discharged, they were still in service and entitled to pay for the whole time. This opinion of the General was circulated with great industry by all the officers, several of whom were pre- sent and prevailed on the men to relinquish the idea of having been legally discharged, and to adopt that of their being bound for further service. This latter opinion was the more readily adopted, when it was recollected that the acts under which they • had engaged, placed them under the same rules and regulations which governed regular troops. The men now began to inquire at what time they would lie entitled to a discharge; and from a view of the laws under which they engaged, and the muster rolls, no other conclusion could be drawn, but that they would be entitled to a discharge on the tenth of December, eighteen hundred and thirteen. From these considerations, and with assurances from their officers, that they could not, by any fair construction of the law, be kept longer than that time, the men were generally induced to enter the field. Taken at this sur- prise and precipitated from their homes with only two or three day's notice, they were badly provided for a long winter cam- paign. As the tenth of December approached, they began to speak of being discharged on that day, not in secret as men about to mutiny would do, but publicly, as an indubitable right- This was communicated officially to the General, who replied (in substance) that the claim" was founded in error, that they had engaged to serve one complete year, and denied ever having discharged them; that that year would not be completed for four or five months to come, and until it was he could not dis- charge them without express authority from the president, that he had written to the Governor of Tennessee for permission tr> 3 18 discharge them, that if he would even hint at such perm>s«ioii> he would obi •, it a«« a command; that so soon as C«•^"*' aI roll arrived with a reinforcement,-soon expected, (if the govern- or should not have authority to discharge) he would pc.mii those who were discontented to return home, ad c-pcluuec oy declaring that if they attempted to leave f.e camp, it fOUl\["c at the hazard oftheir live,. In v..in they represented t.u time and manner of their engagement, their discharge n April lasr, their unexpected and sudden c .11 to the field, their naked filia- tion, the deranged condition of their domestic ath.11>, owing to their absence fn.m home during the last campaign, ai.d last o all, they claimed to be discharged as their right. I he General was reminded of w at he had said on the validity of their dis- charges at Columbia. To this, he replied with extreme intem- perance; and the more they urged their claim, the more vio- lence was opposed to it, until the night of the ninth December presented a scene to be remembered only with horn.r and indig- nation. The men quietly in their camps, between eight and nine o'clock, P. M., were ordered to form in front of the fort for the purpose of being disarmed by the militia. Alter being formed they were insultingly charged by the General with mu- tiny, desertion, and many other opprobrious expressions; and he concluded by saying that the flash of the cannon should be the signal oftheir destruction. It was denied that the troops were in a state of mutiny; they only asked an indulgence of their rights. At this time the militia were in front of the line, for the purpose of disarming the volunteers, the cannon loaded, manned and stationed, under the immediate direction of the General, so as to rake the line, and other arrangements made to carry on the work of death. After the General had disgorged his rage, he proposed their waiting the arrival of Major Searcy or Colo- nel Carroll, as before mentioned, this was assented to and the brigade dismissed. On the thirteenth, the General addre^ed the volunteers in a manner calculated to insult and wou d their feeling-, and immediately issued an order to General Hall, com- ,manding him to march the brigade to Nashville, and there await the orders of Governor Blount and the President of the United States. On the fourteenth the line of march uas taken up, and on the twenty-fifth they arrived at Fayetteville, where by the advice of the Governor they were dismissed until further oiders. During the dispute between the volunteers and the Cei eral, they behaved with their usual -ubordiiiation and decorum, laving determined not to disperse without an honorable dis.-1-arge. They contended for this with a respectful firmness, not to be shaken by boisterous threats. Many of the officers advised the General to use conciliatory 19 measures. They believed that although the men never would re- linquish their right to be discharged, yet by proper management the services of a great part might be continued. This advice was treated as an idle tale, and none but coercive measures re- sorted to. Under these ciicumstnnces the men felt as might be expected. When they were denied, by the arm of military power, the exercise of a right guaranteed by the laws and con- stitution of the country, and traduced for modestly and respect- fully aski'.g the indulgence of that right, they could but feel the indignation to be expected from freemen. They felt mortified at leaving the service under exi-ting circumstances, but a choice of evils o-'ily being left them, either to go off in the manner pro- posed, or passively submit to an unqualified abuse oftheir best rights, they preferred the former, believing that the example of the latter, when once set, would gain strength with, the use, and be difficult to correct. WlVI. HALL, Brig. Gen. T. V. E. BRADLEY, C. C. 1st R. T. V. S. D. LAUDERDALE, Lt. C. T. V. WM. MARTIN, Lt. C. 2d R. T. V. W. L. ALEXANDER, Maj. IstR. T. V. H. L. DOUGLASS, Capt. 1st R. T. V. and Aid-de-camp.- D. HUMPHREYS, Brigade Major. R. ALEXA-NDER, Brig. Q. Master. Gallatin, March 4,1814. That the General did, at that time, believe the discharge given the men in April previous, was a complete one, is evident from the certificates of Capt. Renshaw and Lieut. Thompson, hereto annexed. And that he did say, (some twenty days before the tenth of December) that he did believe they were entitled to a discharge on that day, is proved by the certificate of Capt. Caperton, Lieut. Doak, and several others, as se< forth below. What reason operated with the General to change his opinion on this subject, I have never known. Camp Strother, December 8, 1813. Col. Martin Sir: At your request, I feel mvself willing to state the subject of a short conversation that took place at Columbia, on the twentieth of last April, between James Thompson and myself, respecting the discharge then given to the volunteers, at which time General Jackson passed by, and politely inquired into the subject, which Mr. Thompson informed him. the General replied, we need not debate on that, for the act, under which we volunteered, was repealed, and that the discharges we then had were good, or final, was the way the General expressed himself. The above is a true statement. 1 am yours, &c. J J. RENSHAW. 20 Camp Strother, December 8, 1815. Col. Martin, Sir: At your request, 1 feel myself willing to state the substance of a short conversation that took place at Columbia when we were discharged or dismissed last April. Capt. Renshaw and myself had one of the discharges given, in our possession, and I observed that they were not complete discharges; that they only gave the men a credit for the time they had served. He insisted, I think, that they were complete; about which time the General passed us. and very politely inquired into the subject of our debate. 1 in- formed him. at the same time giving my opinion. His answer was, that the act under which we had volunteered was repealed, and that would discharge us; and that we need not be uneasy, they were good discharges. This is the purport of what was said, to tbe best of my recollection, except the word good, and I do not recollect whether that or the word complete was expressed by the General. lam, with due respect,yours, fee. JAMES THOMPSON. Camp Strother, December 8, 1813. We. whose names are underwritten, do say, that we heard Gen. Jackson say on the eighteenth of last month, that he thought that it was just that the volunteers should be discharged on the tenth of this instant, and that he had done and would do every thing in hi! power to effect them. GEO. CAPERTON, Capt. LANSFORD RUSSELL, JOHN DOAK. Lieut. THOMAS DOUG AN, SAMUEL BERRY, HENRY RUSSELL, A. M'EWEN, CHARLES STEVENS, JEREMIAH RAGSDELL, CHARLES WOODS. It is evident, from an examination of the work itself, that the General's biographer had strong prepossessions against these men, and has labored, at the expense of truth, to cast on them all the obloquy in his power. Whether this was for the pur- pose of gratifying the strong and unfriendly feelings he enter- tained toward some of the principal officers of the brigade, or to increase the splendor of the General's character, I know not; but certain it is, that there has been, in several instances, a shameful perversion of truth in the narrative he has given of this controversy; in some cases withholding important truths, and in others, stating for facts, things that never did exist. Among others, in speaking, page eighty-three, second edition, of a correspondence between the General and myself on the sub- ject of the discharge, he has brought to view a part only of my letter to him of the fourth, and has given the General's of the sixth in reply to mine at full length; but mine of the eighth, in reply to his, has been suppressed altogether, which was impor- tant, being intimately connected with the subject of dispute as it went to explain away the force of the General's strongest argu- 21 stents in favor of the position he had taken. Historians are morally bound to give the truth, and all the truth of things they undertake to narrate, but the writer in this case has disregarded this rule in several particulars. The difficulties with which the General had to contend, were many and great; the successful manner in which he overcame them, and the great and important services which he has ren- dered the country, justly entitle him to a distinguished place in the temple of fame, without exageration or false coloring, in a way calculated to entail disgrace on a meritorious set of men, who, though in subordinate situations, were efficient actors in ?ome of the General's splendid achievements, and were the first that gave the impulse to the elevated situation he now occupies. It is an unpleasant task for one to speak of himself; but on this occasion I find an apology from the peculiarity of my situa- tion, being proscribed^ and traduced for exercising a right guaranteed to all. The letter to the editors of the Intelligencer, above alluded to, which has given such offence to those sensitive friends of the General, was couched in terms which I thought inoffensive, and in orderthat the worst parts of it may be known to such as may not have seen the publication, I will here give an extract from it, and which I suppose to be the offensive part, to wit: Alter commending the editors for the support they had given Mr. Adams, and remarking on his moral and political worth, 1 observed— "To defend such a man against the shafts of disappointed ambi- tion, is praiseworthy, it is patriotic. Mr. Adams I have never seen, though I think 1 know him well. With General Jackson I have been intimately acquainted for nearly forty years, and of course ought to know him. And when 1 contrast the grounds of their respective claims for the presidency, I am astonished that any man of intelli- gence should prefer the latter. From the noise made here, you may have been led to suppose these sentiments, in Tennessee, to be rare and singular, but in this, I am far from being alone." Now, if an individual cannot express his honest opinion about public men, and public measures, without being thus calumnia- ted, our boasted rights are of less value than we have been led to believe. So far from encouraging mutiny in the army, I know I should have been among the first to suppress it, had it existed. And that I did at all times, and in all situations, discharge my duty faithfully and promptly, the magnanimity of General Jackson himself will forbid him to deny. And in support of this fact, I might safely appeal to General Hall, Judge Catron, (who was long my messmate,) to Colonel Moore, of Lincoln county, (late a 29 member of the legislature,) Caperton, of Franklin, M'Fcrrin ,of Rutherford, Smith, of White, and Capt. M'Ewen, of \\ illiamson, the five last of whom commanded companies in the regiment I then commanded, all of whom were witnesses to my every action, as connected with my duty; and with equal confidence, might I appeal to every other officer of the brigade, as 1 was well known to them all. I am aware that the illiberal, who are every where to be found, will attribute to my unfriendliness to the election of Gen- eral Jackson as president, my making this publication at this time. This will be doing me great injustice, for had 1 not been assailed and traduced in the most wanton manner, I should not have said a word about it. But every consideration urges me to repel, with 1 William Martin has been charged with exciting mutiny and desertion among a brigade of United States' Volunteers under the command of General Jackson, on a campaign against the Creek Indians, in the year eighteen hundred aud thirteen, and Co'. Martin wishing me to slat*1 what J know on that subject, do certify, that I served as a private in Cupt. James M'Ferrin's compa- ny in the second regiment, commanded by Col. Martin, of that bri- gade- that I served a tour to the lower country, and also a campaign against the Creek Indians, and was at Fort Strother at the time when a difference occurred between General Jackson and the volun- teers respecting their teim of service. They conten-.led that their term of service would expire on the tenth December, eighteen hun- 3(3 dred and thirteen, being mustered into service the tenth December, eighteen hundred and twelve. This the General denied, and as wa? generally understood among the men, intended compelling them to serve four or five months longer. This, consequently, caused dissen. tion* among: the men. as they considered their rights were withheld.. A^out this time I was informed that a written correspondence was carried on between the General and the Colonel, the latter of whom advocated the cause of the men. After this. I think on the night of the ninth of December, the General paraded the brigade and charged them wth binng in a state of mutiny, which was the first intimation I had of any such a disposition. There was, as before stated, dissatisfaction among the men; but nothing like the appearance of mutiny ever came within my knowledge. So far was the conduct of tbe Colonel from exciting or encouraging any thing like mutiny or desertion, his conduct was always, and on all occasions, such as to have suppressed it. And I do believe, that through his influence, the men were prevailed on to discharge their duties more faithfully, than they would have done for any other officer in the brigade, being always prompt in enforcing subordination and discipline. And it was generally understood, so far as my information extended, that it was through his influence the men were content to stay until a rein- forcement should arrive. Given under my hand this eighteenth August, eighteen hundred aud twenty-eight. MOSES II. GLASSCOCK. LIEUTENANT M'FERRIN. ' State of Tknnessee, Rutherford Countv. Whereas 1 have been informed that Col. William Martin has been charged with exciting the spirit of mutiny and desertion among a brigade of United States' Volunteers, under the command of General Jackson, on a campaign against the Creek Indians, in the year eigh- teen hundred and thirteen, and Col. Martin, having applied to me to State what I know on this subject, and wishingjustice done to all men, do certify, that I served as second lieutenant in Capt. James M'Fer- rin's company, in the second regiment of that brigade, which regi- ment was commanded by Col. Martin a part of that campaign. That during that campaign a dispute arose between the General and those men about their term of service, they contending that their time would expire on the tenth of December, eighteen hundred and thir- teen, having been mustered into service on the tenth of December, eighteen hundred and twelve, but the General denied this claim. This produced considerable discontent among the men. So far as I know or believe of Col. Martin, that he was at all times true to his post as an officer and a soldier, and appeared anxious that the campaign should be prosecuted with great effect and vigor. 1 never knew Col Martin to express any language before his troops that had the least appearance of mutiny, and 1 never had any reason to believe of the Colonel mysejfj of his having any appearance of 37 mutiny or desertion, and as far as I always saw or knew of him, he discharged his duty as an officer of his rank. Given under my hand this nineteenth August, eighteen hundred iftid twenty eight. B. L. M'FERRIN, 2d Lieut. MR. WILLIAM MFERRIN. w.. State of Tennessee, Rutherford Countv. Whereas Col Martin has requested me to say what I know about his conduct, on the subject of the charge against him as mentioned in the certificate of B L. M'Ferrin, of this date, which certificate 1 have- examined, I do therefore certify, that 1 served as a private in the company of Capt. M'Ferrin, as mentioned in said certificate, and was a witness to the conduct of Colonel Martin during that whole campaign, and which is truly set forth by the said B. L. M'Ferrin, in his said certificate, and I am certain that had Col. Martin have hinted any thing like mutiny among the men, 1 should have heard something about it, which 1 never did, as my intercourse among the men was considerable. Given under my hand this nineteenth of August, eighteen hundred and twenty-eight. WILLIAM M'FERRIN. WILSON CAGE, E?Q. thereby certify that I have known Colonel William Martin* of Smith county, Tennessee, for upwards of forty years, have lived a neighbor to him about thirty, except the last four or five; that is the early settlement of this country, when much harassed by, and exposed to the ravaging and blood-thirsty Indians, he commanded a company of men sent here from North Carolina, for the protection of the frontiers of this country, and that as I have been informed and believe, he discharged that perilous trust with the utmost vigilance, promptitude and fidelity, and rendered services to the then infant settlements, of vital importance. That in the years eighteen hun- dred and three and eighteen hundred and four, he served as a mem- ber in the legi-lature of this state; that in the same year, eighteen hundred and four, he was elected as an elector, to elect the president ©fthe United States, and as I have ever understood, voted for Mr. Jefferson; and in the same capacity in the year eighteen hundred and eight, voted for Mr. Madison for preside >t; that in the year eighteen hundred and seven, he served as one of the commissioners ofland claims, f»nd in the years eighteen hundred and twenty and eighteen hundred and twenty two, in a similar appointment; that he served for many years as a justice of the peace in .Smith county, and a part of the time, as one of the court of quorum. All of which trusts, 1 feel no hesitation in saying that I believe I am well assured (having had the whole time an intimate acquaint ince with him) Col. Martin discharged with the utmost ability and fidelity. And that in the year eighteen hundred and twelve, I knew no man interest himself half 38 so much as Col. Martin, to induce men to enlist in the service of the United States, and on all occasions to volunteer in the service of their country; and that his moral and religious character, for the last thirty or thirty five years, has been unimpeachable. WILSON CAGE. August 30, 1828. MAJ. BLACKMORE. Sumner County. Ten. August 30, 1828. Col. William Martin: In answer to yours of the twenty-ninth, ♦iving me information of the slanderous and opprcbious epithets ap- plied to you by "A Volunteer," in the Nashville Republican, I pro- ceed without hesitation or ceremony to say, that forty years ago, or upwards, I became acquainted with you You were at that time ap- pointed to head a company of men stationed in the neighborhood of Bledsoe's Lick, for the purpose of protecting the infant settlements, then much harassed by and exposed to the murderous tomahawk and scalping knife of the savage Indians; that during two years, the period of your command, we lived together in the same fort; that on several occasions, headed by you. we had skirmishes with the Indians, in all of which you displayed the most cool and heroic courage, and on all occasions, you discharged the duties of that perilous trusty with the utmost vigilance, fidelity and ability, and rendered the settle- ments services of vital importance. From that period you were for several years absent. After your return to and settlement in the country, you served as a member in the state legislature, in the years eighteen hundred :.nd three and eighteen hundred and four. In the same year, eighteen hundred and four, voted as elector, for Mr. Jef- ferson for president; in eighteen hundred and eight for Mr. Madison, in the same capacity. In eighteen hundred and seven, you served as one of the commissioners for adjudicating land claims, and in eigh- teen hundred and twenty, and eighteen hundred and twenty two, you were employed in a similar trust. In all these appointments, I ftel no hesitation in declaring that I believe, and am well assured, you discharged your duty, in all respects, with the utmost ability and fidelity; and that during our long and intimate acquaintance, every act of your life, both public and private, so far as I have observed, has evinced the most scrupulous regard to truth, honesty and integrity. I therefore confidently believe you deservedly stand above reproach in any of the relations of life whatever. GEORGE D. BLACKMORE. Nashville, June 22, 1829. Dear Sir: 1 have received your letter of the eighteenth instant, and conceive it due to you to make a reply according to my recollec- tion of the facts to which you refer. My acquaintance commenced with you in November, eighteen hundred and twelve, the day on which the field officers of the old volunteers were elected. You were chosen major of the second re- 39 giment, and in that capacity served during the campaign of eighteen hundred and twelve and thirteen, to the lower country. My situa- tion as brigade inspector, gave me a full opportunity of knowing the manner in which all the field officers discharged their duty, and it is doing you no more than an act of deserved justice to say, that throughout the campaign, no one manifested more zeal, ability and industry than yourself. You were particularly attentive to all the duties incident to the police of the camp, and to the suppression of those vices which are but too common among soldiers when not em- ployed on hard service. At the commencement of the Creek war, you again took the field, and in the battle of Taladega, I have plea- sure in bearing testimony to the courage with which you discharged your duty during the whole of the engagement. 1 have never heard your courage doubted, nor do 1 think that any one who knows you believes that you arein the slightest degree deficient in that essential quality of a soldier. At the time General Jackson marched the army from Fort Strother to meet provisions, which were expected to be on the way from Fort Deposite, you and a few others remained at the former place, and labored with great industry to complete the stockading of the fort. I must remark, that I have no personal knowledge of the events which transpired at Fort Strother from the fourth of December, eighteen hundred and thirteen, until the departure from that place uf the old volunteers, having been sent by General Jackson to Ten- nessee to bring additional forces into the field. I will just add, that the duties of the civil stations you have filled in Tennessee (so far as I know, or have ever heard) have been dis- charged with ability and fidelity.* I am, dear sir, most respectfully, your obed't serv't, WM. CARROLL. Col. Wm. Martin, Smith County, Tennessee. From this cloud of witnesses it will be seen where the truth lies, as respects the charge of mutiny among the troops, and of my having partaken largely of it. Hundreds of others, of like character, might be added if necessary. Several gentlemen of distinction, whose names, for the respect I have for them, I for- bear to mention, have been applied to, but refuse to respond. Not but what they f.could speak favorably of me, but because they did not like to displease General Jackson. This conduct in men having just claims to character, and pretentions to high and honorable sentiments, carries with itself its own comment without any from me. They were as much involved in the charge of mutiny as I was, with the difference only, that when the brigade was paraded, on the night of the ninth December, as explained in my former publication, arid charged by the General with being in a state of nVitiny. I had the hardihood to 40 tell him, it was not true as respected the regiment I commanded, while they remained mute. And that I did tell him so, and much more as connected with the dispute, is now recollected by General Hall and several others. Yet, the Volunteer has said, that on that night I cowered before the General. This is as false as a great deal more he has said about me; for I have yet to learn how to cower before any man. In collecting the above testimony, I called on those most convenient to me, having the best opportunity of knowing the part I acted; and as the regi- ment I commanded had been recruited entirely from the south- ern counties, and the men of that regiment were the best judges of my conduct on the occasion, it may be seen that most of the witnesses are from that quarter; and among the number, several non-commissioned officers and privates. These I have pro- cured, because if there had been tampering by me, they are the men who would have known it. The General, in his letter to Mr. Smith as above, has been no less srlaring of his slander on the whole brigade, than on me, by saying they deserted the service of their country, &c, when it is a fact known to all, that he did on the thirteenth of December, issue his order to General Hall to march the brigade to Nash- ville, and that under that order, they did march as far as Fay- etteville, where, by an or.der from the Governor, they were dis- missed until further orders. Thus, instead of deserting the service of their country, as the General said they had done, they marched under a regular order from him, andjduring which they continued to maintain that subordination and temperance, for which they were at all times so remarkable. Nor is it true, as the General says in his letter to Mr. Smith, that Capt. William- son, of my regiment, remained firm at his post, and would not return with the troops, &c.; for he, Capt. Williamson, did re- turn with the troops, and with the rest was dismissed at Fay- etteville. These facts are too notorious to require proof, which might be had in abundance. I am now done with the contents of the General's letter to Mr. Smith, and will assign my reasons (which are dqe to the public) for not having noticed it before, and for my doing it now, to wit: On the appearance of that let- ter, I determined to repel the slander it contained against me, and for that purpose procured statements from several of the officers now published, with others as above, as may be seen by their dates. But before I was fully prepared, the General was called off to the Seminole war, in which, and the consequences growing out of it, he was long engaged. Thus I thought it im- proper to open the subject in his absence: this state of things afforded time for the feelings which had by that letter been exci- ted to be in some measure alloyed: and on reflection concluded* 41 that as there were* so many men in the country who kttew the charge against me to be unfounded, it would die a natural death, and / be saved the painful necessity of entering into so disagreeable a Contest. In this way has this matter rested, tintil 1 ght be thought I pos- sessed, this story of mutiny, &c. has been revived in a more odi- ous form, to wit: " That I wanted to run away from the Creek nation, but General Jackson would not let me." When it came to this, I determined to bear it no longer with impunity, there- fore published the statement of facts, which appeared in the Banner of the twenty-second July, as before stated. In that publication I kept General Jackson as much out of view as the nature of my defence would injustice to myself admit. From that consideration I made no mention of his famous letter to Mr. Smith, nor should I now, but from the necessity imposed on me by a Volunteer as above: and for the General, he may malce the best of it he can. I will now notice the only suhject he has-at- tempted to argue in favor of the General's violent attempt to deprive-these men of their rights, to wit: that he, the tieneral, believed, and acted under the influence ef that belief, that the volunteers in question were bound by their engagement to serve one complete jear out of two, or in other words, three hundred and sixty-five days. This argument is doing the General but little creditj for candor, if he knew the law ^which governed the service, and he is certainly chargeable with negligence if he did not. For, in the act of Congress of the sixth of February, eigh- teen hundred and twelve, regulating the service of this descrip- tion of troops, there is no ambiguity. It requires only to be read to be understood. The second section reads as follows: "that any company, battalion, regiment, brigade or division, thus offer- ing itself for the service, shall be liable to be called on to do military duty at any time the President of the United States shall judge proper, within two years after he shall have accepted the service, and shall be bound to continue in service for the term of twelve months, after they shall have arrived at the place of rendezvous, unless sooner discharged. Thus, it is evident, that General Jackson was either ignorant of the provisions of this law or disregarded them altogether. In either case he is highly culpable, more especially as its misapplication worked an injury to others. Had the Volunteer examined this law, it might have saved him the labored effort to prove that the General's construc- tion was correct. And as he has admitted, that it wa3 in the misconstruction of this law by me, that the whole crime of mutiny consists, it is necessary to review the subject somewhat largely. 6 42 As stated in my publication referred to, those men were mus- tered into service on the tenth of December, eighteen hundred and twelve, for twelve months from that day, subject to the contingency only of being sooner discharged, which term would of course expire on the tenth of December, eighteen hundred and thirteen. The muster rolls were made out in this way, and 60 entered in all the company books, being the only written evi- dence of their being bound for service at all. Hence, there was no doubt, nor could there be any on the subject. In this way, and this only, did they enlist, and continued in service until Gen. Jackson received an order from the secretary of war as follows: War Department, January 5, 1813. Sir: The causes for embodying and marching to New-Orleans, the corps under your command, having ceased to exist, you will, on the receipt of this letter, consider it as dismissed from public service, and take measures to have delivered over to Maj. Gen. Wilkinson, all articles of public property which may have been put in its possession. JOHN ARMSTRONG. To Maj. Gen. Andrew Jackson, New-Orleans. This letter was received about the fifteenth of March, eigh- teen hundred and thirteen, near Washington, Mississippi Terri- tory; and on the twenty second of the same month, General Jackson addressed the Secretary the following letter: Near Washington, Miss. Ter. March 22, 1813. Sir: My letter of the fifteenth instant, informed you that I had received yours of the fifth of January, eighteen hundred and thirteen. I have now the honor to inform you that I received under cover from Maj. Gen. Wilkinson, of date March the eighth, your notification to him, without date, but post marked February eighth, eighteen hundred and thirteen, which runs as follows: Sir: The militia force organized by Governor Blount, under com- mand of General Jackson, expedited to New-Orleans early in last month, is discharged from further service. The General is required to have delivered over to your direction, such articles of public pro- perty as may have been committed to it. JOHN ARMSTONG. Your notification to me, received as above, and having no militia force organized under my command, places me in a deli- cate situation. I have the honor to command an organized vol- unteer corps, enrolled and tendered to the President of the Uni- ted States, under the act of February sixth, eighteen hundred and twelve, and whose services, with my own, were accepted and made known to me through Governor Blount, by the Presi- dent, under date, War Department, July eleven, eighteen hun----- 43 $down to a captain, have been commissioned by the Presideut of the United States, on the twenty-first November, eighteen hun- dred and twelve, pursuant to his authority, under the act of Congress of July sixth, eighteen hundred and twelve; hence, the words of your notification to General Wilkinson, organized militia, cannot be applied to the detachment under my com- mand. But from your communication to Governor Blount, Maj. Gen. Wilkinson, and your unofficial note to me of January fifth, eighteen hundred and thirteen, I infer that the wishes of the government are, that the detachment under my command is to be discharged. I have therefore ordered their return to Nash- ville, Tennessee, there being no direction for the payment of the troops, or their supplies on their return home by you directed. From a perusal of the law on the subject, I find I have b«en cor- rect on the subject, and anticipated the intentions of the govern- ment, in ordering supplies of provisions and conveyance for the sick and their necessary baggage to Nashville, where they will be discharged. The law runs thus: " That whenever any officer or soldier shall be discharged from the service, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of his discharge to the place of his residence, computing at the rate of twenty miles per day. There being no direction to pay the troops here, no compensation directed to be given them in lieu of rations, I have ordered the contractor and quarter- master, as you have been advised in mine of the fifteenth instant, to furnish the necessary supplies for my detachment on their return to Nashville. I have been detained here since the eigh- teenth instant by the agents of government. But, in justice to Mr. Brandt, 1 would observe, that every exertion has been used on his part to expedite our departure. I have, however, been notified, that the necessary supplies will be ready by the twenty-fifth instant, when I shall take up the line of march for Nashville, at which point, or some other in the state of Ten- nessee, I hope they will be directed to be paid off, and the pay- master to be furnished with funds for that purpose. I have a hope (although not ordered to a theatre of action) that my de- tachment merits as much from government as the detached mi- litia from this territory, who are ordered to be paid and dis- charged at Baton Rouge. Your note of January fifth, eighteen hundred and thirteen, directing two thousand well organized volunteers, under the acts of sixth February and July sixth, eighteen hundred and twelve, to be dismissed without pay or a compensation for rations. Is this your impartial rule? and this^ t^the reward to whom? Men of the first character, patriotism and ■^dred and twelve, and all the officers under my command, 44 wea}th of the union, who left their comfortable homes and fami- lies for the tented field, to support the eagles oftheir country at any point ordered by the con:tituted authorities. ANDREW JACKSON. I have given this letter (as published in the National Intelli- gencer of the fourteenth June, eighteen hundred and twenty eight,) entire, in order that it may be seen that no doubt rested on the mind of General Jackson, that the government intended and had so ordered this detachment to be completely dis- charged; and that it had no further claims on its service, pur- suant to its former tender. The Secretary of War says in his order to General Jackson, (in speaking of the detachment) "you will, on the receipt of this letter, consider it as dismissed from public service." In that to General Wilkinson, " that the mili- tia force organized by Governor Blount, under command of Gen- Jackson, expedited to New-Orleans early in the last month, is discharged from further service." I know not what stronger terms the Secretary of War could have used to have satisfied these two officers that the government had no further use for, nor claims on the services of those men, pursuant to their engage- ments, and that from that engagement, they were completely and fully absolved: and that General Jackson did so understand it, is obvious from his letter to the Secretary of War as above, for in that letter he recognizes the idea fully and unequivocally, frequently using the word discharge, as applying to those men, and among others, that after a full view of the subject, (he con- tinues,) " / infer, that the wishes of the government are, that the detachment under my command should be discharged." And again, " I find I was correct, and anticipated the intentions of the government in ordering supplies of provisions and conveyance for the sick and their necessary baggage to Nashville, where they will be discharged." And if further evidence to that point had been necessary, it was furnished by himself, on the day of discharge, by saying to Capt. Renshaw and Lieut. Thompson, that the discharge was good and valid. See their certificate as contained in my publication of July last. He speaks very pro- perly of the hardship of turning loose this body of men at such a distance from their homes, without the means of support, &c. and brings to view the law providing for the comfortable return of such as are discharged at distant points from their places of residence, and analogizes those troops in this respect to regulars, showing clearly the uniform practice is, and always has been, that wherever a regular soldier may be, when the term for which he enlisted expires, he receives a discharge from the officer com- mandant, with allowance for his return home, and the only dif- ference in this respect, between soldiers of the regular army 45 and the corps of volunteers in question is, that theybrnwr sign, at the time of enlistment, an article binding them to service for a given time; and the latter, (with their assent,) are mustered into service by companies collectively, and at the end of the service, musteredout in the same way,with the addition of a discharge to each individual; hence, it appears demonstratively, that Gen. Jackson did understand that it was the intention and wish of the government that these men were to be finally discharged; and to this end did he inarch them to Tennessee, then mustered them (in due form) out of service, and gave to each non-commis- sioned officer and private, a discharge in the following word3 and figures: I certify, that A B enrolled himself as a volunteer, under the Acts of Congress of February the 6th and July 6th, 1812, and that he has served as such under my command on a tour to the Natchez country, from the 10th of December, 1812, to the 20th April, 1813, and is hereby discharged. ANDREW JACKSON, Maj. Gm. And that this opinion was not confined to General Jackson and the detachment he had commanded, is evident, from the fact that several of the officers, viz: Colonel Bradley, Doctor Hogg, Captain (now General) Gibbs,and Lieutenant Maury, as well as- I now recollect, were all eLected, the ensuing summer, members of the state legislature, took their seats, and served the whole term, except the former, who left his seat and joined the army, which marched soon after the meeting of that body, to which appointment they would not have been eligible, unless the troops they had commanded had been previously discharged. But the knowledge of this fact was so notorious, that no objection was made to their taking their seats. So that when the General issued his order in September following, for those men again to take the field against the Creek Indians, there was a disinclina- tion on their part to obey, considering themselves as having been discharged, and fully absolved from their engagement with the government, alleging that it was exercising an undue authority over them. But through the influence of the officers, as ex- plained in my former publication, the greater part was prev; led upon to rejoin.tjjye^army. Yet there were many individuals, of individual companies, who persisted in their disobedience, be- sides two entire companies, viz.: one which had, on the campaign to the lower country, been commanded by Captain Cannon, of Williamson county, the other by Captain Reynolds, of Maury, which were altogether delinquent, although the General had de- clired in hLs general order at Camp Blount, of the eighth Octo- ber ei"hteenTiundred and thirteen, that he would punish every volunteer, who failed to appear,'as a deserter. But this was not done in any one instance, and why? for the best of all reasons, because he knew he had not the legal power to coerce their 46 obedience, they having been discharged. And notwithstanding all the evidence to the contrary, the General in his letter to me on the subject, as before published, of the sixth of December eighteen hundred and thirteen, says it was not a discharge, but a certificate of honorable service for a given time. His words are, "I marched my men to Columbia, where it was thought advisable to dismiss, not discharge your regiment, and surely it cannot be forgotten by any officer or soldier of that regiment, what a sacred pledge they all gave before they were dismissed, or had obtained my certificate, (which is now so strangely con- strued a discharge,) to obey the call of their government if it should resummon them into service; but for that pledge that certificate would never have been given. Neither can it be forgotten, I dare hope, for what purpose that certificate had been given. It was to entitle these brave men, who had accom- panied me, to certain extra emoluments specified in the seventh section of the act under which they had engaged themselves, and which they were to enjoy, if not recalled into service, the balance of the term, by order of government." Strange prevarica- tion! infatuation! Hon contradictory and foreign from the truth; for in his letter to mcofthe bixth December, he said he had ne- Vo - deceived these men, nor would he then deceive them. Test this declaration by the facts, for if the discharge he had given them was not valid, he had deceived them into the belief (as above sho»i) that it was so. On the other hand, he deceived them into the belief, that it was not a valid one, and that the time and pay went on from the time they received that discharge until recalled into service; and at last tried to deceive them into the belief, that they were bound to make up all this intermediate time. Yet, after all, he says he never deceived them, nor would he then deceive them. All these contradictions, he and his Vol- unteer may reconcile in the best way they can; as they may his reasoning in his letter to me about the certificate of service, &c. for every body in the least acquainted with military affairs knows that pledges are never asked of soldiers legally bound for service. The idea \p preposterous, and shows the General's great deficiency in a knowledge of that cammi on which his*'*****^ great fame is built. The fact is, there never was a pledge asked nor given. That as respects the extra emoluments spo- ken of, to secure which, this certificate should have been given, there were none due, which he well knew to be the fact, the men having previously received theirextrapay in lieu of clothing, as well as a stand of arms, as provided for by the said seventh section of the Act of Congress as above. I have been thus full on the subject of this discharge, because Gen. Jackson has denied ever having given it; and because a Voluntee rhas labored, at the expense of truth, to support him in 47 the denial; and because he has also" charged me with entrench- ing myself behind the position, that if not discharged, the men were, during the time they were at home, in service as to time. Jf I ever did contend for this, it was on the authority of General Jackson himself, as is set forth in a statement of facts, contained in my publication of July last, and which is now well recollected by General Hall, that General Jackson did say in my pre- sence, and that of General Hall and others, (after having receiv- ed from the Sedretary of War, an informal notification that the discharge was not complete) that in that case, the men were still in service,and entitled to pay for the whole time, all of which is fully explained in the aforementioned statement of facts. But the Volunteer in referring to those facts says, that I rely on the recollection of a few of my friends. I will tell him, that those are not only my friends, but friends to truth, whose veracity will not be called in question by any. The most of them are also warm friends to Gen. Jackson, and are no others than Gen. Hall, Col. Bradley, now dead, Col. Lauderdale, Col. Douglass, Maj. Alexander, Maj. Humphreys and Quartermaster Alexander. Now, if the testimony of these honorable men be not sufficient to establish any fact, it is useless to produce evidence in any case whatever. I will now remark, that the considerations above, led these men, or the most of them, to wave the right they had relied on of having been discharged, and to resume their station in the army, pursuant to the General's order of September, eigh- teen hundred and thirteen; but at the same time they contended, that they could not under any fair construction of law, be con- tinued beyond the tenth of December, eighteen hundred and thirteen, which would complete twelve m.mths from the ti».ie they had been mustered into service. This fact was all along known to the General, the correctness of which he had him- self acknowledged to Capt. Caperton, Lieut. Doak, and a num- ber of others, a little before the said tenth of December, eigh- teen hundred and thirteen. See t^statement of Capt. Caper- ton and others in my publication reHk-ed to: to which publica- tion I refer the reader for a more tuTl exposition of the fact, that those men were by law entitled to be discharged on the said tenth of December, eighteen hundred and thirteen, the sophistical reasoning of a Volunteer < the contrary notwith- standing. The apology I have for troubling the public with this lengthy narrative, is to ward off the infamy that Gen. Jackson and his Volunteer have endeavored to cast upon my character. To do this, it has become necessary to review the whole gn.uud, by which it must appear (as I think) to every unprejudiced mind, that there was no foundation for the charge, with which he has assailed me, to rest upon, except in the imagination of the 48 Oencral himself. He said the men should not be discharged on the tenth December, nor until they had completed one year's actual service, regardless of the time they were at home under a discharge by the proper authority. This produced great discon- tent among them, and they pressed it on me as their immediate commanding officer to bring their case before the General, and to urge their claims. This I thought it my duty to do, and this I did, as may be seen in our correspondence, contained in my lata publication. This, and this only, was the consideration which led me to interfere in the matter at all; for there was no man there more willing and anxious to remain and prosecute the campaign than I was, could I have done it on principles of pro- priety and honor. But such had been the rude manner in which the General, without cause, had treated the whole brigade, that no man whose mind was not prepared for unconditional slavery, would have continued of choice on the terms he had proposed. See his order of the thireenth of December, published by his biographer, and referred to by a Volunteer—his letter to me of the sixth December—his vulgar and degrading abuse o*f the whole brigade on the night of the ninth December, as set forth in that publication. Under this continued abuse from day to day, with all the opprobrious epithets calculated to insult the feelings and wound the pride of honorable men, calling them mutineers, deserters, cowards, &c. when they knew themselves innocent, and had never given.the slightest evidence of either, no won- der they availed themselves of the first legal permission to leave the control of a man who had forfeited their confidence, and whose tenderest mercies were cruelties, and that these were high-minded honorutde men, the General himself bears ample testimony. In his letter of the twenty-second March, eighteen hundred and thirteen, to the Secretary of War, when speaking of those identical men, he says " men of the first character, patriot- ism and wealth'm the Union, who left their comfortable homes and families for the tented^ «'ld, to support the eagles of their country, at any point ordf ad by the constituted authorities." That the General and hit,%-^grapher should have been so lost to a sense of what was due to others as thus to defame such men, not only without, but in the very face of evidence, is hard to account for. I am now done with this subject, and regret the necessity which has imposed on me its developement. And if the exposition of the foregoing truths should inflict a wound on another, it is no fault of mine. Let the blame lest where it ought. 1 have been driven to this course. To relieve my char- acter from unmerited reproach, has been my sole object. How far I have succeeded is with the public tojudge, and with them I leave the decision. WILLIAM MARTIN. Dixon's Springs, January 25, 1829.