The record of the proceedings and decisions of the court martial convened at the court house in Marietta in pursuance of the Regimental order of the date of the 30th of March 1813 - of which Maj. Alexander Hill was president, William Woodbridge, Judge Advocate, and Joel Stacy, Provost Marshal; for the trial of Samuel Fox, Samuel Bell, John Riley, William Rowland and Samuel Peirce, privates in the 1st Regt., 1st Brigade and 3d Division of Ohio Militia, against whom severally, charges were in due form exhibited, that they severally neglected and refused to march on a tour of duty of six months, under the command of Capt. James Flagg, agreeably to the several Regimental orders of July 20th 1812 and Oct. 15th 1812 -- And the record of the proceedings and decisions of the Court Martial convened at McCandlish's Ferry in pursuance of the Regimental Order of the 30th March 1813 - of which Maj. Seth Baker was president, Benjamin F. Stone, Judge Advocate, and Alpheus Devol, Provost Marshal for the trial of James Ashcroft, John Adkinson, Thomas Murry, Stephen Devol, Jared Andrews, privates in the same Regiment, and Joshua Sprague a corporal in the same - having been reported in due form to the Col. Comt. of the Regiment - he has been pleased after due, and mature consideration, fully to approve of, and establish the several decisions of said Courts, on said charges; and does accordingly announce to said regiment, that Samuel Fox is adjudged guilty on the said charge exhibited against him, and is fined in the sum of sixty-five dollars. And that Samuel Bell is adjudged not guilty of the said charge exhibited against him.
That John Riley is adjudged guilty of the said charge exhibited against him, and fined in the sum of forty-eight dollars. That William Rowland is adjudged guilty on the said charge exhibited against him, and is fined in the sum of sixty-five dollars.
That Samuel Peirce is adjudged guilty on the said charge exhibited against him, and is fined in the sum of forty-eight dollars. That James Ashcroft is adjudged guilty of said charge exhibited against him, and is fined sixty dollars.
And that John Adkinson, Jared Andrews, Thomas Murry, Stephen Devol and Joshua Sprague, are sevreally adjudged not guilty of the charges severally exhibited, as above mentioned against them.
In the consideration which the Col. Comt. has devoted to the proceedings and decisions of said Court, he has assumed as a correct principle, that by a liberal and proper constitution of the law, no native of Great Britain, who may not have been regularly naturalized, can with propriety be called upon to do military duty against his proper sovereign. In coming to this conclusion, the Col. Comt. has been well aware that by a literal construction of the law, alien enemies, resident among us, are made subject to such duty. But it is believed that the generality of the words of the law, ought in their construction to be restrained either to alien friends, or if to be understood more comprehensively, that alien enemies, should in no event, be required to perform any other than ordinary militia duty, at the usual places of muster. On this principle the decision of the Court on the charge against Samuel Bell has been sanctioned.
James Mann, Col.
1st Regt. 1st Brig & 3d Division
Ohio Militia
The above is a true copy from the original Regimental Orders.
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