The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-12-16 00:00:00, page 2

)niy be, acquaint the parties so neglecting or refafiag
with the appointments so as aforefaid made. And the
said several and refpeftive officers clefted or appoint
ed as aforefaid shall refpeftiyely serve as officers of mi
litia for the space of three years ; at the end of which
time the lieutenant of the city and counties refpedive-
Iv m'th p manner herein before directed, shall .cause a
new election to be held in the said city and counties re
fpedively : Butnothing herein contained shall be con
firued to render any of the former officer or officers in
capable of being re-elected.
And be it enaCted, &c. that the commifficned officers
of each company shall appoint four sergeants, four cor
porals, one drummer and fifer, for their refpedive
companies. And all persons who have heretofore been
officers in the militia under the late law, if not re-elec
ted, shall deliver up their arms, accoutrements, drums,
fifes and colours, if paid for by the public, to the lieu
tenantor sub-lieutenant of the county afo. efaid. And the
lieutenant of the city of Philadelphia, and the lieute
nants of the counties refpeßively are hereby authorifed
to purchase such drums, fifes and colours as may after
wards be wanting to supply the companies in the city
and counties respectively.
And be it further enacted, &c. that the field officers
of e .ch battali m in this date shall constitute and appoint
in their refpeaive battalion, one quartermaster, one
quartermafler sergeant, one adjutant, one ferjeant-ma
jor, one drum and fife-major, which fergeant-mqjor, and
drum and fife major, shall be persons experienced in
the duties of their refpeaive offices.
Be it further enabled, &c that the lieutenants or fub
lieuenants of the city and counties respectively shall
p y such wages as shall be necessary to one drummer
and fifer for every or each and every day that the ser
vice may require them, out of the monies arising from
fines, on the said drummer and fifer producing a certi
ficate of the service so performed, from the commanding
officer cf th said company.
Wnereas the sums allowed by the late militia law for
a drummer and fifer have been insufficient, and many
officers have been obliged to pay considerably more ;
Be it therefore enacted, that the lieutenants shall and
are hereby required to pay unto such captains or com
manding officers of companies such sums as they have
expended for drummers and fifers, on their producing
an account of such costs properly certified.
And be it further enacted, &c. that it shall and may be
lawful to and for the field-officers of each battalion to
nominate and appoint one surgeon and surgeon's mate,
and one chaplain, to their respective battalions; and
that the lieutenant or sub-lieutenants of the city and
counties reflectively shall at tneir diferetion furnifh and
procure carriages for the battalions or drafts of the mi
litia when it th ill be necessary.
And be it further enacted, &c. that the commissioned
officers of each company of militia shall nominate and
appoint one difereet person, who shall be called the al
moner, residing in the district or sub division out of
which their company is formed, provided such almoner is
above the age of fifty-three, to take proper care of the fa
milies of such poor militia-men within their refp&ctive
difiricts as are in actual service in their own turn, and
to grant them such support as their necessities may re
quire, provided such support do not exceed the sum of
and the said officers of the company,
or any two of them, shall make out a certificate of their
nomination and appointment, directed to the lieutenant
of the city or lieutenant or sub lieutenants o' the county
to whica the company belongeth, which certificate shall
enable tire said almoner thereby appointed to draw from
time to time on the lieutenant or sub-lieutenant for
such sum or sums of money as shall be necessary for the
purpose aforefaid ; and he shall be liable to render on ac
count of the monies by him drawn to the said lieute
nants.
And be it further enacted, &c. that each and every
sub-lieutenant ti roughout the several counties in the
state shall, once in every three months, render an ac
count of all monies received for fines and expenditures
made to the lieutenant of the county. And the lieute
nant of each county respectively is hereby required to
'make out a compleat account of all the expenditures of
his office, as well as all the monies received in the said
county and return the f me to the executivecouncil once
in every fix months- ,and that they may be the better
enabled to do the fame, are hereby directed and impow
ered to employ a clerk or clerks as o ten as occasion may
require, and in failure of accounting as aforefaid they
shall pay for each and every such neglect the sum of
to be applied as other monies are di
rected by this act.
Be it also enacted, &c. that no officer, having been
duly commissioned in the army of the United States and
having actually served in the said army for the space of
one year at least, during the present war and obtained
an honorable difmiffion therefrom, shall be subject to
militia duty, or to any fines or penalties for non perfor
mance thereof, unless such officer being duly elected or
appointed an officer of equal or superior rank in the mili
tia, and shall refufe to accept of and perform the duties
of such office: provided always, that due proof shall be
ma le to the lieutenant of the city or county of such
comirfiffion and of such service, and a certificate thereof
duly granted by the said lieutenants.
And be it further enacted by the authority aforefaid,
That the rank or precedence of the officers of the city
of Philadelphia, and of the fevrral counties in this com
mon-wealth, shall be determined as follows ; that is to
fay, offic rs of the city of Philadelphia, the diftrid of
Southwark, the townships of the Northern Liberties,
Moyamenfing and Paffyunk, to take rank or prece
dence of all other officers of equal dignity in this Rate ;
and next to them, the officers of the county of Phila
delphia, and so on, according to the seniority of the
counties refpedively.
And be it further enabled, &c. That where it shall
so happen that the diftrifts are altered, that then such
companies be newly classed and divided as heretofore,
and the captains of such companies shall cause the names
and firnanrs in their refpeaive companies and the class
to which each belongs, to be returned to the lieute
hant of fab-lieutenant of the county within fix days
after such divisions are made: Provided nevertheless,
That no person who may have served his tour in any
class shall be compelled to do doty in any other class
than in that to which he belonged to before.
And be it further enacted by the authority aforefaid,
That the whole of the militia so infoiled as aforefaid,
shall be fubjed to be exercised in companies under
their refpeaive officers as fol-loweth, that is to fay ; in
the city and liberties of Philadelphia, in companies on
the two last Mondays in the month of April, and in
battalion on thetwo firft Mondays in the month of May,
and the firft battalion shall mutter in battalion on the
third Monday in May, the second battalion on the
Tuesday following, the third battalion on Wednesday,
and so on until the whole number of battalions shall
have mustered according to their numerical rank, on
any or every day of the week, Saturday and Sunday
excepted, until the whole number of battalions shall
have muttered in the aforefaid manner: and on the da,
following, should it not happen to be Saturday or Sun
day, the whole number of battalions belonging to the
city of Philadelphia, the diftri&s of Southwark, the nor
thern Liberties, and the townships of Moyamenfing and
Paffyunk shall meet in brigade. And the militia of the city
and districts shall meet to excercife in companies the two
la.fi Mondays in the month of Auguff, and in battalion
oh the two firft Mondays in the month of September,
and the firft battalion on the second Monday in the
month of October, the second battalion on Tuesday fol
lowing, the third battalion on the Wednesday, and so
on until the wnole number of battalions, according 'o
their rank, have muttered, except aa before excepted.
And then on the day following (with the foregoing ex
ceptions) the whole battalions shall meet in brigade. And
in each and every county in the following manner, that
is to fay, in companies t^e two last Mondays in the
month of April and the two fiffi Mondays in the month
of May, and shall begin their muttering in battalion in
the following manner to wit. The firftbattalion shall
meet in battalion on the third Monday of the said monte,
the second battalion on the Tuesday following, tee third
battalion on Wednesday, and so on, according to the
rank of the battalions in the aforefaid m inner, mutter
ing eacli day in the week (Saturday and Sunday ex
cepted) until the whole number of battalions belonging
to eacli county shall have muttered in this manner. And
in companies the two last Mondays in the month of
Auguil, and the two last Mondays in the month of Sep
tember, and the firft battalion in battalion on the taird
Monday in the month of October, the second battalion
on the Tuesday lollGwing, the third battalion on the
Wednesday, and in this manner until the whole number
of battalions belonging to each county, according to
their ranks severally, Ihall have mustered on any day
it may happen, (except on a Saturday or Sunday as be
fore excepted.) And on each of which daysevery mili
tia man so enrolled shall duly attend with his arms and
accoutrements in good order; and a fergeaat or clerk
of each company is required, at the end of one hour
after the time appointed for the meeting of the compa
ny or battalion, to call over the muster roll of the com
pany, noting those who are absent ; and on that day
Ihall make return in writing to the captain or command
ing officer then present of such absentees a and all per
sons so alfent at the time of codling over the roll, or
who shall depart from the parade before duly difeharg
ed, shall be liable to the fines hereafter mentioned.
And be it further enacted by the authority aforefaid,
That if any commissioned officer shall neglect or refufe
to attend on any of the days appointed for excercife
in companies as aforefaid, (unless prevented by sickness
or some other unavoidable accident) fucli commissioned
officer shall forfeit and pay the price of days la
bour, and any non-commiffoned officer or private, and
all enrolled persons so refufing or neglecting (except as
before excepted) shall forfeit and pay the price of
days labour, then if a field officer, he shall forfeit and
pay days labour, and a commissioned officer un
der that rank, the price of days labour, and if a
non-commissioned officer or private, and enrolled per
son, refuting to meet and exercise, the price of
days labour, (excepting
as before excepted,) the said prices to be afeertained
as hereafter directed. The names and firnames of all
^hich persons, so incurring the said fines and penalties
(except such as may have pa ; d the fame into the hands
of the captain or commanding officer of the company)
shall be duly returned 'y the captain or commanding
officer of each company, under his hand, together with
such fines as he has received, to the colonels ®f the bat
talions respectively on each field day ; which said co
lonel or commanding officer of battalion shall, on re
ceipt of such fines and returns, forthwith transmit the
fame to the lieutenant or fub-lieuteuant of t e county ;
and the lieutenant or fob-lieutenant ihall, immediately
after the said returns are respectively made to him,
cause the fame to be recovered by the lieutenant or fob
lieutenant issuing his warrant to the ffieriff, notifiable,
or other fit person, to levy the aforefaid fines by dis
tress and file of the offenders goods and chattels, toge
ther with five per cent, in full for his trouble for levy
ing, felling and collecting (unless the offender shew cause
of absence by sickness or otherwise, and can produce a
certificate from the captain or commanding officer of
the company, who may give such certificate, if he veri
ly beleives the offender ought to be excused from pay
ing the said fines ) But if no such good and chattels,
can be found, then to seize and take the body of such
offender, and commit him to the common goal or some
other place of close confinement for the space of
unless he sooner pay the said fine. And the lieutenants
shall twice in eacli year, transmit the said fines when
collected, into the bands of the county treasurer who
shall pay the fame into the hands of the Rate treasurer
to be kept as a fund subject to such draughts as may
be made upon him from time to time by the lieutenant
and at least two sub-lieutenants for the use of the mili
tia of that county.
And be it further enacted by the authority aforefaid,
That the treasurer of each county, and the state trea
surer, Hull keep ad the monies, arising from fines by tji&
militia law, separate from all other monies, and keep
separate books to enter the ft.me, for purposes hereaf
ter mentioned.
And be it enacted by the authority aforefaid, That
whenever it may be necessary to call into actual ser
vice any part of the militia, in case of a rebellion or in
vasion of thi^ or any of the adjoining slates, then it
Ihall and may be lawful for the president or vice presi
dent in council, to order into actual service such part
of the militia by classes, of any county or counties, as
the exigency may require. Provided, That the part
so called doth not exceed four classes of the mi
litia of the county or counties so called out ; and pro
led also, that such counties shall not be again called
u pou tofurnifil any more militia until an equal number
of classes of the militia of the other counties respective
ly be firft called ; unless the danger of an invasion from
Indians or others should make it necessary to keep in
reserve the militia of such county or counties for their
own immediate defence.
And to the end that the militia when called by clas
ses Ihall be properly officered, the following order is
hereby dire&ed and enjoined, that is so fay ;
For the firft draft. The captain of the firft compa
ny, the lieutenant of the second company, and the en
sign of the fourth company.
Second dr-ft. The captain of the second company*
the firft lieutenant of the firft company and the enfigu
of the third company.
Third draft. The captain of the third company,
the lieutenant of ti,e fourth company, and the ensign.
of the second company.
Fourth draft. The fourth captain, the lieutenant of
the third company, and the &nfign of the firft compa-
Fifth draft. The fifth ca ptain, the lieutenant of the
sixth company, and the enhgi iof the eighth company.
Sixth draft. The sixth captain, the lieutenant of the
fifth company, and the ensign of the seventh company.
Seventh draft. Tne captain of the seventh company,
the lieutenant of the eighth company, and the ensign
of the sixth company.
Eighth draft. The captain of the eighth company,
the lieutenant of the seventh company, and the ensign
of the fifth company.
Non commissioned officers to take tour of duty with
the commissioned officers.
And the field officers of battalions in the city of Phi
ladelp ia and in each county of this Rate shall be divid
ed in like manner, and each class to be considered as a
derenment from different corps, liable to serve two
months.and no longer, and to be relieved by the class
next in numerical order, the relief to arrive at least two
days before the expiration of the term of the claG to
be relieved, bat-nothing herein contained shall prevent
the fapyeme executive council from employing or Gall
ing out any company or companies, battalion or batta
lions, without rcfpect to this rule, whenever the exi
gency is too sudden to allow the assembling the Scatter*
ed militia which compose the particular classes; and
the militia in actual service shall receive the fame pay
and rations as continental troop#, their pay to com
mence two days before marching and receive pay and
rations at the rate of fifteen miles per day till they re
turn home.
And whereas the militia when called into actual fer^
vice, are not entitled to any bounty, such as eloathing,
&c. at the public expence, and therefore their reward
is not equal to that of the regular troops:
Be it therefore enacted, That when the militia, or any
detachment thereof, are called out on duty, each non
commissioned officer and private shall receive
to be drawn from the treasury by the
paymafiers of the militia from time to time appointed,
and the officers whose duty it may be are hereby requi
red to make out separate pay-rolls of the said bounty.
Ard whereas the late mode of fixing the fines for neglect
of militia duty have been found on experience to be inef
fectual, owing to the depreciation @f our currency, and
former aflemblies have been obliged by various fupple
m^ ts to proportion the fines to the value of the time
fpeut in said service; and to prevent further supplements
on this head :
Be it therefore hereby further enacted, That at the
quarterly sessions of the peace of the city and in the
several counties throughout the state, the price of
common labour then current in the said city and
counties respectively Ihall be enquired into and afcer
tsined, and the juftice#, or a majority of them attend
ing the ftid courts, are hereby required to fix and de
termine what is the average price ofcommon labour at
that time by the day, which price, so determined by
said justices, is to be considered as a rate by which all
fines ihall be be determined for neglects cr omissions of
militia duty during and from that time to the end of the
next quarter feffons of the peace in course. And the
said justices are hereby required to make out a certifi
cate of the price so determined, for the lieutenants of the
said city and counties respectively, under their hands
and seals.
Be it enacted, &c. That when any class or classes of
the militia shall be called to perform any tour of duty,
the lieutenant or sub-lieutenant shall cause each and e
very person so called, to be notified of such call at least
three days before the time of assembling the said militia,
by a written or printed notice being delivered to him
personally, or left at his house or usual place of abode,
by some officer or other fit person employed for that pur
pose by the commanding officer of said company : And
any person refuting or neglecting to perform such tour
of duty shall pay and in case
be shall be possessed of such estate as is herein after men
tioned, ihall pay such additional sum as by this act is
farther directed.
And be it further enacted, &c. That the master or
mistress of any apprentice, and the father or mother of
any minor, who shall refufe or neglect to attend as afore
faid, such minor being in the service of his father or
mother, maker or mistress, they shall he respectively
accountable for the fine or fines so incurred by such rd?-
nor or apprentice.