I PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FBNNO No fin HICU rucur .... .... ' — =« STREET, BEjWEEN Sv.LOND AND THIRD STREETS, PHILADELPHIA [No. 56, of Vol. lII.] Wednesday, November <j, 1791. fOR THE GAZETIE OF THE UNITED STATIS, MR. FENNO, I HAVE been just reading the addrtfi of our il lustrious Preiident, to tiie Senate and House of Representatives—its communications afforded me the highest pleasure, and I make no doubt of its having the fame effetft on every friend to the profperi'.y of the United States. Many are the nnportant objetfts submitted to the consideration of our genera] )f giflature ; but in my humble opinion, the eftablifhinent of a National Milifia, ought to be one of the firlt that ihould engage their attention. The more I reflect on this fub jet'i, the more I am convinced that a well regu lated militia is the natural strength of a country, and absolutely iiecellkry for its lafcty and p:e fervatioH. A more pernicious idea cannot enter into the heads of our citizens, than to imagine that an institution of this kind is incompatible with civil liberty ; for to remain without ;t, is •the ready way to abridge the continuance of that liberty, we have so happily established among us. The freedom of every commonwealth mult be protected ultimately by military force ; military force depends upon order and dii'cipline ; and without order ond discipline, even the gieateit number of armed men are only a contemptible 1110b, that may be dispersed by a handful of ve teran soldiers. It follows then, that our citizens at large must submit to the ordinances of a well regulated militia, or commit the protection of their lives and properties to a diflincl body of men, who will naturally in a short time, fee up a profelfional interest, i'eparate from the commu nity' at large so this caofe we tngit attribute the subversion if every free ltate that hiilory prelents to us— ;he Romans were certainly the firtt and most glo rious people that have figured on the-face of the globe—they cbntinucd free the longest : «very —a- + foMicr, crstHj-foMfci lianie but in faifl ; by which is meant, that they were the moll rigid observers of military iultiiutions. Let it then be the glory of every American to hiye arms in his hands, with some knowledge how to use them, on proper occalions, :igaii.lt the enemies of his country : and let it lie efta blilhed, as a point of honor, and the criterion of a virtuous citizen, to pay the greatest deference to the common and neceflary laws of a camp. While I was engaged in thisfpeculation, 1 hap pened to find among my papers, the Englifla Mi litia La\v, and judging it might be of some use in framing one for this country, I made an a bridgement of the fame, which 1 have now sent you for insertion in your tifeful and widely cir culating paper, if you think proper. 1 am, Sir, your very humble servant. INSPECTOR. Elkton, November 2, 179 1. An Ad for the better ordei ingof the militia forces in the several counties of that pare of Great- Britain called England, &c. Whereas a well ordered and well disciplined trii/itia is ellentially neceflury to the fafety, peace and prosperity of this kingdom. Be it enacted, that from the firft day of May, 1757. the lieutenants of counties (hall arm and array proper persons ; and the lieutenants lhall appoint their deputy lieutenants and give corn millions to lieutenant colonels, majors, and other officers, w'nofe names (hall within a month, be certified to the king. The lieutenants of every county lhall have the c-liief command of the militia of that county. In each county lhall be appointed twenty or more deputy lieutenants, if so many can be found qualified, each of whom lhall pollefs four hun dred pounds a J ear, in freehold, copyhold, cuf toinary estate lor life, or an eltate for some long term'>f years, determinable upon lives, or shall be heir apparent of a polleffion of eight hundred a year. A lien-tenant-colonel, or major, lhall be pofiellcd of th ree hundred a year, or heir appa rent to fix hundred. A captain lhall polfefs two hundred a year, or be heir to four, or be the son ol one who polieU'es, or at his death did poffefi 'Wo hundred. A lieutenant lhall poUefs one hundred a year, or be the son of one who poflefl es, or at I»is death did pofltfs two hundred a year. An enlign lhall pofleli fifty pounds, or be the son of one who podelles, or at the time of his death did poflefs one hundred. One moiety of the ellate in all these cafrs. lying; within the countv. J*. SSViV**.., -■ ■-«r|r ■ — - c t/f In counties where twenty deputy lieutenants wiiii proper qualifications cannot be found, it (Stall be luflicient to appoint so many as can be found. An ensign or lieutenant nny be promoted to be a lieutenant colonel, on extraordinary occa lions, on account oi merit. i'he king may displace a. y deputy lieutenant or officer, <sml the lnrimn«n .Ts (hall appoint others in tliejr ffead. Every deputy or officer 1..a1l give 111 his quali fication 10 tlie clerk of the jeace, and lake the oaths to the government, thin fix months al ter he shall begin to act, on penalty of £.200; oil deputy lieutenants and ail above tlie degree of captain,and iool. on captains and those under. Peers are exempted from H i ving by themselves or substitutes ; but they and heirs apparent of peers, may be appointed deputy lieutenants, or connnillion officers, and their qualifications need not to be left with the clerk, of the peace ; and 011 taking the oaths, &c. they may without being atherwife qualified. A coniniiliion in the l.iilit a shall not vacate a feat in Parliament. At the end of every four years a number of of ficers shall be discharged, ei|ual to the number of thofe,who duly qualified fhaii solicit for admilfion. To each regiment an ant lhall be appoint ed who has served in the regular forces, in which he fliall llil! retain his rank ; and to every com pany of militia shall be appointed two or more lerjeants (in the proportion of one ferjeant to twenty private men) out of the regular forces, who fhail be entitled to the hospital of Chdfea ; and ferjeants appointed from that hospital lhall be readmitted 011 producing certificates of good behavior. No persons felling liquors by retail fliall be ca pable of being a ferjeant of he militia. The number of private ten feiving in the militia lhall be ; for Bedlortlihire - 400 Keikftiire, - - j6o Bucks, &c. &c. There shall be no more than one captain, one lieutenant and one eniign, to eighty private men. Where the proportion of men direifted by this a<st to beraifed in any county, iliall be judged by the lieutenant to betoo large, theprivy-coun cil, on application may regulate it. The lieutenant ©f each county with two de puty lieutenants, or three more deputy lieuten ants in the absence of the lieutenant, Jhall meet on the twelfth of July, 1757, and on the firft Tuesday in June, in every subsequent year, and require the head couftables to deliver in a lift of all the men between the age of 18 and Jo, in their fcveral diitri&«, except peeis, officers of the ini liiia, officers of the regular forces or gariifons, men of either univeifity, clergymen, teachers of separate meetings, peace and parish officers, articled tlerks, and apprentices and Teamen, no ting in the lilt the men laboring under any bo dily infirmity, Every deputy constable, or other petty officer, hall transmit to the head constable the lift of liis fiivifion, having firft affixed it to the door of the church or chapel for one Sunday, Oil the day appointed for receiving these lifts, the lieutenant, and deputy lieutenants (hall let tie the number to be taken from each hundred, or division of the county. They lhall then sub divide themselves, and three or more deputies, or two deputies with one justice of the peace, or one deputy with twa jullices, lhall meet, within a month in every subdivision, to hear the com plaint of those that think themselves entitled to exemption; and upon any just cause lhall cor retft the lifts. They fliali then fettle the nutn ber to be railed in each parilii, and chtife the in dividuals by lot ; and within three week* after wards the persons so chosen fliall appear befoi e them ; each of whom fliali take the oaths ant) enter into the militia for three years, or brinj one to serve as his i'ubfliiute, or forfeit tei pounds, and be liable at the end of three year to serve again. Three deputies, or two deputies ahd a jufticf, or one deputy and two jufticcs, ft all inee ( t in their feverai subdivisions occasionally at other times, and annually on the Tuesday before Mi chaelmas ; and if any person thirty-five years old {hall shew just cause for his discharge, it fliall be granted and another chosen by L>t in his room ; and the vacations by death fliall Le filled up in the faiue manner. y < <TJ-St 221 o [Whole No. 264.] A militia man removing ro another parifli, Hull feivc the re mainder ot his time in the new parish. hew lilts ot men qualified for service shall be made every year. A new body shall be chosen every third year, so that all pei fons duly qualified may serve in their turns each for three years- A lift ot the per ions serving in each parifli shall be tranlmiucd lo the lieutenant. An officer neglecting to return his lift, or making a falfe or par jtal lift, shall be committed for a month to the common gaol, or be fined not more than five pounds, or less than forty {hillings. livery private man serving for himfelf shall be exempted from itaiute work, from serving peace or parilb offices, or in the regu lar forces. He that has served three years shall not serve again, until by ro tation it comes to his turn. Married meri having personally served in the militia, if called out in cafe of invasion or rebellion, shall be entitled to the fame privileges of setting up trades in any place of Great-Britain, or lieland, as by an ast 22 George JI. is granted to marineis ot (oldiers. A Quaker refuting to serve (hall hire another in his (lead ; and <t he neglects a sum [hall be levied upon him by dillrefs, fufficieiit 10 hire Another man. Within one month after the return of the lifts, the lieutenant and two deputies, or without (the lieutenant, three deputies lhall lorin the militia of cach county into regiments, confiding of not moie than twelve, or lets than (even companies of forty men each ; .ippointing the commiflioned and non-commiflioned officers to each company. Ihey (hall be exercised thus: On the fit ft Monday irv the monthssot March, April, May, June, July, Auguff, September and Ottober, they lhall be cxercifed in half companies, and on ihe third Monday in the said months in companies. And once every year, on the Tuesday, Wednesday, Thurlday •»nd triday of Wintfun-vveek, they lhall be exercised in whole 1 cgiments. No man (hall be exercised in half company, or company more than fix miles from his own house. Notice of the time and place of meeting shall be sent by the lieutenant and two deputies, or without the lieutenant, by threa deputies,- to the high conltables and by them to the petty con stables, who shall fix them upon the door of the refpe&ive churchcs. Ihe lieutenant lhall appoint at pleasure a regimentaKclerk, a ferjeant major, out of the lerjeants and a drum major out of the drummers. In countie* where the militia do not amount to seven compa nies, and theiefore cannot make a regiment, they shall be formed into a battalion, under the lieutenant and field officers, one adju tant who shall be a fubahern in the army, a ferjeant major, a dium major, and a clerk shall be appointed them, and they shall be exercised as a complete regiment. Wnere a whole company or half a company cannot be brought together, they may be exercised in smaller numbers as the lieuten ant or deputy shall diredf. One commiflioned officer fhallattend the exercise of the half, company, and infpeft their arms and accoutrements. The arms and cloaths of the militia (hall be carefully kept by ihe captain of each company, in chests. provided by the parifii where they are depofiud. The mu(kcu shall be marked with an M. and the name »f the county. The king's lieutenant, or the colonels, may seize, or remove whither they (hall think proper, the arms, cloaths and accoutre ments, when ner.effary to the public peace. Any person entruftcd with the cultody of any arms or cloaths delivering them out, unlets for excrcife, or by command of his fu' perior officer, or by the order of any justice of the peace, under his hand and seal, may, by two jufticcs, be committed to thecouti* ty gaol, for fix months. No pay, arms, or cloathing, (Trail be iflued, nor any adjutant or ferjeant be appointed, till lour filths of the men shall have been chosen, and the officers have taken out their commillions. The officer who superintends the exercise (hall call over the lift and certify to a jullire the n nncs ofthofewho arc absent from ex. ercife. The juitice (hall examine the excul'e offered, andifit be inefficient, (hall putnlh the defaulter lor the firft offence, by fin ing him two (hillings, or setting him in the stocks for an h'oui ; Inr the second he (hall fine him four (hillings, or fend him to the li'oufe of correflion for four days ; for every offence afterwards, he shall fine him fix (hillings, and if it be not paid, fend him to the house of correction for any time not exceeding one month. If any man shall be convitled upon oath before a justice, of be ing drunk at the time of excrcife, he (hall forfeit ten (hillings or (it an hour in the stocks. ° 4 He that (hall be tonvifled onjoath before a justice, of infolocc ordifobedienceto Ivis officer, (hall forhis fii ft offence be fined tw.> (hillings and fix pence, and in default of payment, be sent to the house of corretlion for four days ; for the second be fined five (hil lings, or committed for seven days ; and for evcrv offence after wards be fined forty (hillings, and committed to the houfc of cor te:hoii lor any time not more tiian a month, nor Ids than fourteen vlavs. It any man shall fell, pawn, or lofc his arms or accoutrements lie shall be finea a sum not exceeding three pounds, or in default of payment, be committid to the house of corredion for one •nonth j and if he cannot then raise the sum required for thicc nonths. ' He that (hall neglect to return his arms in good order after ex rcifing the fame, or the next day, shall be fined two (hillings and. lix pence, or be sent to the house of correction for 7 days : if he . cglcft to return them by Monday after Whitjun-vicck, he shall fori ten five (hillings, or be sent to the house of corrcaion for four teen days. And the person entrusted by the captain with the arms and cloaths, who shall omit to complain of such neelift lliall forfeit twenty '(hillings. ' The soldier or non-rommifTioned officer, that (hall be absent from his annual cxercife, shall foifeit ten (hillings a da/, or be cemmitted to the house of correflion for a month. It a non-com in i fli on cd officer Ihall be convicted upon oath of being negligent in his duly, or disobedient or insolent to the nd j.il.ni, or other fupenor officer, he (hall be fined by a lullice a turn not exceeding thirty (hillings, or in default of payment be committed to the house of coneftion for 14 days, and „ jav 1,- uncharged by the lieutenant. No man [hall be cenfuied for abfencc occasioned by a'.tendin ane!e£lion. 7 6 The militia are to be fuhjeft in military affairs to their own of ficers, and in civil to the' civil magistrates. Iti cafe of actual invasion, ot. upoo imminent danger thereof a id in cafe of rebellion, the king firft notifying th. occafioo iJ I I 2".
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