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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.
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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
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[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
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