531 Sheet – American State Trials 1918 Volume X Leo Frank Document

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Reading Time: 3 minutes [392 words]

Here is the translated text as follows:

WILLIAM WEMMS AND SEVEN OTHERS. 499

If the action upon which that declaration was founded is unlawful in one part of the king's dominions, it is equally unlawful to be done in any other part. However, the annually enacted Mutiny Acts demonstrate the consent of Parliament that the king, in times of peace, should maintain a standing army not only in the kingdom but also in America. These acts not only determine the number of troops to be maintained but also provide for the regulation of the king's troops stationed in America. Therefore, as these acts empower the king to maintain these troops, and as he has, by common law, the command and disposition of all forces by sea and land within his dominions, and is the principal conservator of the peace, he undoubtedly has the authority to send such troops to any part of his dominions to restore public peace or to assist the civil magistrate in preserving it, as he deems necessary. Even if you believe there was no need for sending troops here for either of those purposes, it does not alter the case. The king, being the proper judge in such matters, means that the validity of his order does not depend on the truth of the representations upon which it is founded. The acts not only fix the number of troops to be maintained but also establish martial law for their governance. Among other provisions, the acts subject any officer or soldier who sleeps on his post, leaves it before being relieved, or disobeys the lawful command of a superior officer to such punishment as a court martial may inflict, even if it extends to death itself. These troops have been, and continue to be, under this martial law and subject to as strict regulation as in times of war. Placing sentries is a necessary part of the regulation of an army; accordingly, a sentry has been maintained at the custom-house ever since the troops arrived here, and it is sworn that this was done by order of the commanding officer. If so, you have no reason to doubt that it was legally done.

Your next inquiry will be whether the sentry placed at the custom-house was attacked. Many witnesses have sworn that he was. However, the counsel for the crown argues that...