The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-12-16 00:00:00, page 4

And be it enaffed, &c. that the militia of this state,
whii° in viral continental service, (hall be (object to
the fame rules and regulations as the continental troops
rrc° Provided, thatupon any breach, trarfgreffion or
of nc^f & militia m% whether officer or private, a
gdifi t! c tides ard regulations of.r. ©continental troops,
the cav'e shall be 'riefan' determinedly a court-mar
ti I of !ue militia of this state; except for a charge of
high treason, for which 'he fliall be tried by such
court marlid as the commander in chief of the army
<r>f?,ep)R or dirifion where the offeree shall be com
mitted thill direct : Provided always, That-it fliall be
in the power of the president of the fapre-rce executive
council (if he commands the militia: in perform) or in
case of his abs nee, of the commanding officer of the
militia, to Jter, mitigate, fufpeud dr pardon any pu
ndhment to which any militia man may be sentenced by
a general court-martial, except in the case of high trea
son.
And be it further enabled, &c. that if any delinquent
fliall negled or refufe to pay the fine for an omiffon of
performing a touf of militia duty, within five days after
he appeal aforefaid, it fliall and may be lawful for the
lieutenant er any sub lieutenant, to issue his warrant to
the fh<riff, constable, or other fit person, to levy the
fed fine, by distress and sale of the offenders goods and
c aitck, lends and tenements, together with five per
, cent, in full for his trouble, for levying, felling and
' cclledirg; but if no such goods and chattels, lands and
tenements, can be found, then to frize and take the
body o. such offender, and commit him to the common
goal, or foms other place of close confinement for the,
space of four months, unless he sooner pays the said fine:
and no process thill issue to fby t e execution of such
warrant, unrfs in case of the feifure of real est tes.
Provided always, tht if any person fliall think himfelf
aggrieved in the feifure of his lands or tenements, he
nf:y enter an appeal before the justices to the next court
of common ple.s for said county and on the party's
giving fuffi dent security within fix days n'xt after any
binds and ten meets fliall be seized or difirained to afore
f id, to preecut'- such appeal with effect, t ^ indices
fliall receive the fame and flay further process ; and the
said inflict, fliall return every such appeal on the firft
day of t.e next term, and the court fhll direct a tryal
by jury o" the country, as in cases of debt, whole ver
dift fliall be final and conclusive; and except in extra
ordinary cases, of which the court fliall judge, all such
appeals,fhall betryed st the term to which such returns
shall be made, any. law, cuflom or usage to the contra
ry notwithifandieg.
"And be it further enabled, &c. that if any person or
persons fliall fell, or knowingly buy, take or exchange,
conceal, orotlterwife receive, contrary to the true intent
and m-asing of this act, any. arms, accoutrements
colours or drums, belonging to this Rate, on any ac
count or pretence whatsoever, the person so offending,
being .'onvided.thereof, before one or more justice or
jubiecs of the peace of the city or county where such
offence fliall be committed, shall forfeit and pay for eve
ry such ch? nee treble the value of such arms cr accou
trements, to bqafcer "lined by the said justice or justices,
and levied by fyAnh and sale of the offenders goods
and chattels, b,,the justice or justices before whom
fuchoffender,.fhall be convicted, returning the overplus
(if any) on demand to such offender, and for want of
such difoof , shall commit such offender to the common
goal of the county, there to remain without bail or
mainprize, for any term not exceeding three months,
ualefs such money is footer paid.
And be it furti cr en?fted, &c. that no person, not
being a fubjeCt of lis Rate, or any of the United States,
who,already has desert-d, or shall hereafter desert from
the enemy in the course of the present war, shall be en
rolled in any company of militia of this state, during
the present conteh, or be fubj.cl to any fine or penalty
for not ferv ng ^ by this aft is required of others.
.And be renamed, that no civil , rocefs shall be fer
ted on any non, cqmmiffoned officer or private at any
regimental revit s>r training of any company, or while
going to or returning from the place of such review or
training.
And be it'eni^Pd, &c. That all monies pairing into
the treat ' yby Artud of the directions of this aft, shall
be appronriahd as a fund for the benefit and relief of
such oncers and privates of the militia of- this state as
are or ill like wounded and difabied in service, and of
the widows end children of such as have or shall fall in
battle or otherwise !ofe their lives in the service of the
Rate, and fhaliquot be confidexed as a revenue for any
other purppfe than that of supporting tpe necessary offi
cers for c ^rfyingthis law into del, equiping and fur
nifhing t^e roil.iia with every necessary apparatus for
the defence,^ security of the state : the surplus, ifany,
to be appr&tited in such manner and to such uses as
the afemb, shall from time to time direst and appoint.
And bit birther enabled, &c. That if any commis
sioned ffß\er, # non-commissioned officer or private militia
man of th^&aty, who has or hereafter may lefe a limb in
any engittnr<~©n the service of this state, or in the
service of the Uged States of America, or be so disa
bled as to rendtrhim incapable of getting a livelihood,
he fliall receive during life, or tl e continuance of such
difabilty, a pension, adequate to the necessity of such
disabled officer or private militia man, by the judgment
of the orphans court of the county where such difab
ied officer or private militia man shall dwell or reside.
And every officer or private disabled as aforefaid, fliall,
before he be legally intitled to the pension above menti
oned, produce a certificate upon o:th, from the com
manding officer who was n the fame engagement in
which he was wounded, or from the officer next in com
mand, or the ftirgeon that attended him ; and upon such
disabled officer, non commissioned officer or private mi
litia man's producing such certificate as aforefaid to
(Concluded from the third page.)
F HIL ADE L?HI A: Printed a^d Sold by JOHN DU NLA P, in r^arket-ftreet
the orphans court of the county where such disabled
officer, non-commifnoned officer or private militia man
fliall dwell cr reside, the said court is hereby enjoined
and required, if they are fatisfied of the truth thereof,
to give every such officer or private an order on the lieu
tenant of the said city or county, for such funis of mo
ney from time to time as to them shall appear just and
necessary provided such firms of money do not exceed
the half pay and rations of such officer or private; and
the fob lieutenant is hereby enjoined and required to
accept and pay the said order, to such officer or pri
vate. And the said lieutenant fliall draw on the state
treasurer as often as he shall have occafiod, for such
fnm or ferns of money as he shall make appear to the
prefi lent and council to be necessary for carrying this
proviso into execution.
And be it enaßed, &c. That ifany officer, non com
miffiowd officer or private militia man, residing in this
state, having a family, fliall be killed or die of his
wounds received in the service of this or tat United
States, a certificate from the commanding or other offi
cer next in rank who 'was in the fame engagement in
which he was killed or wounded and died of his wounds,
being produced to the orphans court, and also a certifi
cate from the overseers of the poor, and two other re
putable freeholders of the townlhip, borough, i:rd or
difiri'ff wher the family of such deceased office!or pri
vate militia man fliall dwell or reside at that time, fitt
ing forth the particular circumstances of such family,
the age or agesof the ciridor children, and the necessity
of granting them some support, the said orphans court,
when pofffeffed of the certificates aforefaid, is hereby
authorised to giv e order in favour of such family, upon
the lieutenant of the county, for such sum of moneny
as they m^y think just and necessary for the fuppprt
of fuca family from time to time.
Provided always, That the sum of money aforefaid
dees not exceed toe half pay and rations that such of
ficer, non-commissioned officer or private whs entitled to
at the time of his death.
And be it further enacted, &c. thatif any field orother
commifFoned officer,, at any regimenal review or on a
ny other occasion when the battalion or company to
which he may belong, or in which he holds a command,
is paraded in arms, fliall .miibei;ave or demean foimfelf
in anfun-officer like 'mariner, he fliall, for such offence
be calhicred or pumflied by fine, at the diferetien of a
general court-m irth.l as the case may require, in any
sum not exceeding and if any non
commiffoned officer or private shall, on any occasion of
parading the company to which he belongs, appear with
his arms and accoutrements in an unfit condition, or
be found drunk, or flUli disobey orders, or use any re
proachful or abusive langue to his officers or any of
them, or fliall quarrel Limfelf, or promote any quarrel
among his fellow soldiers, he fliall be purified by fine
in any sum not under nor exceed
ing and be disarmed and put under
guard by order of the commanding officer present, un
til the company is dismissed.
Be it enabled, &c. That if the colon'l or command
ing officer of any battalion shall, on any occasion when
it may be necelfary, neglect or refufe to give orders for
assembling his battalion at the times appointed by this
law, or at the direction of the lieutenant of the city, or
the lieutenant or sub lieutenant of the county, to which
such battalion belongs, he shall be c°fhiered and pu
nished by fine at the discretion of a general court-marti
al, not exceedingto be recovered
as other lines are directed to be recovered by this aft.
And if the captain or commanding officer of any corn
many shall, on any occasion when it may be necessa
ry, negle& or refufe to give orders for affembling'his
company or any part thereof, at the direction of the,
colonel or commanding officer of the battalion to which
such company may belong, he shall be cafliiered and
punished by fine at the diferetron of a regimental court
martial, not exceeding to be reco-'
vered as other fines are direffe! to be recovered by this
law. And if a ferjeant or corporal shall neglect or re
fufe to warn the company to which he may belong, on
any occasion when it may be necessary, purfunnt to the
orders of the captain or commanding officer thereof, he
fliall be subject to a fine not exceeding
to be recovered as other fines are directed to be recover
ed by this law.
And be it further enabled, That if any captain or
commanding officer of accompany shall refufe or neg
left to make out a lift of the persons noticed to perform
any tour of duty, and fend or convey the fame to the
colonel or commanding officer of the battalion to which
such company may belong, for such neglea or refufal
he shall be cafliiered or fined at the diferetion of a re
gimental court-martial in any sum not exceeding
to be recovered as other fines are direaed to
be recovered by this aa.
And be it furt; er ena&ed, &c. that the following
rules and regulations shall be the rules and regulations
by which the militia shall be governed.
ift. Every general court-martial fliall consist of thir
teen members, all of whom shall be commissioned offi
cers, and of such rank as the case may require, and
these thirteen fliall chufe a president, ut of their num
ber who shall be afield officer.
2d. Every regimental court-martial fliall be composed
of five members, all commissioned officers, who are to
chufe one of their members as president, not under the
rank of a captain..
3d. In all courts-martial, not less than two thirds of the
members must agree in every sentence for inflicting any
punishment, or otherwise he shall be acquitted.
4th. The president of each and every court-martial,
whether general or regimental, shall require all witnesses,
in order to the trial of offenders, to declare on oath
cr affirmation, that the evidence they fliall give is the
truth, the whole truth, and nothing but the truth;
and the members of all such courts shall take an oath
or afnrmatioh, which the president is required to acme
nifler to the other members, and the next in rank is
required to administer to him, that they will give judg +
merit with impartiality.
sth. All members of ary militia, called as witnesses
in any case before a court 'martial, who shall refufe to
attend and giv n evidcuc , shall be censured or fined at
the diferrtion es the court.
6th. No eflh er or private man being charged with
tranfgreffnf these rules shall be fuffered to do duty
in the battalion, company or troop to which he belongs,
until he hashed his tr'al by a court-martial, and every
person so charged, shall he tried as soon as a court
martial can be conveniently a ffrmbled.
7th. If any officer or private man fliall think himfelf
injured by his colonel or the' commanding officer of the
battalion, and shall, upon due application made to him
be refufed redress, he may complain to the lieutenant
of the county, w bo shall summon a general court-martial,
that jufiiee may be done.
Bth. If any inferior officer or private man shall think
himfelf injured by his captain, or other superior officer
in the battalion, troop or company to which hebelqngg
he may complain to the commanding officer of the'bat
talion, who shall summon a regimental court-martial for
the doing jußim, according to the nature of the case.
9th. No penalty shall be mdd'ed a' the diferetion of
a court-mark::!, ether th, 1 ^fiendi^g, c,fbiering or
fining ; the fines for the cfE era rot to exceed
and the fines for the non-chmmiffon
ed officer or private man not to exceed
for oce fault.
loth. The lieutenant of the county for the time be
ing fliall have full power of p^rdoring or mitigating any
censure, or perrh^v orehr.d to he r^iaed on any pri
vate or nrn.cpmnrfhontJ < dicer for the breach , of any of
these articles by a tpreral conr' martial, and every of
fender, convicted asaforehlid by a y regimental court
martial, may be pardoned, cr have the penalty irfiti
gated by the colonel cr commaiding officer of the bat
talion, excepting only where such censures or penalties
are dir^fted as fatisfaaicn for injuries received by one
officer or private)man from another but in case of offi
cers, such sentence to be approved by the commander
in chief or the nearest general officer ' of tie militia, who
are refpedively impowertd to pardon or mitigate such
sentence or,disapprove the fame,
iith. The militia on the clays df ekercife may be de
tained under arms on duty in the field any time not ex
ceeding fix hours, provided they are not kept above
three hours under arms at any one time, without al
lowing them a proper time to refresh themselves.
12th. No company or battalion shall meet at a tavern
on any of the days of exercise, nor &all march to any
tavern before they are difeharged: and any perfen who -
shall bring any kinds of liquor to such place of training
fliall forfeit luch liquros so brought for the use of the
poor belonging to the township where such offender
lives.
13th. All fines that shall be incurred by any breach
of these rules, shall be pdid into the hands of the clerk
of the company' to which the offenders belong, but if a.
field officer to the clerk of that company whose captain
has the firft rank in the battalion, within three weeks
after they become due ; but in case of negieß or refufal
to pay any of the said fines, then in such case, upon
application made by the clerk to whom such fine or
files ought to have been paid, it shall ^nd may be law
ful for any one juflice of the peace of the county (if the
fine does not exceed or two justices) if
above by warrant under his or their
hands and seals, to levy filch fine or fines respectively
cn the offenders goods and chattels, and other wife pro
ceed in recovering the fame as is by law direaed. And.
when recovered, the said justice or juhices are required
to pay such fines into the hands of the clerk who appli
ed for recovery and shall be applied as other fines be
fore direaed-
Arid be it further enaßed, &c. that in any cafe,'
wherein any person is by this aa called to do or per
form any thing in execution thereof, or otherwise, and
no special recorapence is herein provided for such ser
vice, such person shall be fatisfied for the fame, at the
discretion of the lieutenant, taking to his assistance
two sub-lieutenants of the city or county, refpeaively.
And be it further enaaed, &c. than, in any case,
wherein the perfen who fliall be authorised to colled
any finedue by virtue o f this ad, shall need affftance,
in levying the fame, such colleger, on application to
any captain, or inferior officer of the militia of the place
where such fine shall be due, shall be affiled therein by
a fuffic ent party of militia of the neighbourhood, or
dered on such duty by such captain or ether officer;
and if such captain or other officer or any of the party
by such captain or other officer ordered on such duty,
refufe or negled to perform the said duty, such captain
or other officer shall forfeit and pay the sum of
arid if any non-commissioned officer, or private be de
linquent therein, he shall forfeit and pay the sum of
to be recovered, with costs of suit, demand
not exceeding fifty pound, are by law recoverable ; to
be applied as other fines levied by virtue of this aft.
And be it further enabled, and declared, that the aft
entitled “ an aa to regul te the militia of the common
wealth of Pennfylvaiiia,” passed on the 17th day of
March A. D. 1777; also the supplement to said a& pas
sed June the 17th, A. D. 1777 ; affo a further supple
ment to tl e said aft, passed on the 13th day of December,
A. D. 1777; also a further supplement to the said aft
passed on the sth day of April, 1779; also such parts
of an aft entitled “ an aft to impower the supreme ex
ecutive council and justices of the supreme court to ap
prehend fufpefled persons, and to ircreafe the fine to
which persons are liable to, for nfgleftirg to perform
thier tour of militia duty ; " as relates to the fining the
militia for not performing? tour of duty, and the pay
of the lieutenants, are hereby repealed and made void-