The Mirrour — Concord, N.H., 1795-01-09 00:00:00, page 2

allies ior any neglect And whenever the fe
ledmep of any town ffiall judge any inhabit
ant thereof belonging to the militia, unable
to arm and equip himfelf in the manner
•aforefaid, they shall at the expense of the
town, provide for and furnifh such inhabitant
with the aforefaid arms &; equipments, which
Ihall remain the property of the town, at the
expense of which they shall be provided" .And
if any soldier faall embezzle or destroy the
arms and equipments with which he shall be
furnished, he shall, upon conviction before
some justice of the peace, be adjudged to re
place the article or articles which shall by
him be so embezzled or destroyed, and to
pay the cost from the process arising against
him.. And if he shall not perform the fame
within fourteen days after such adjudication,'
it shall be-in the power 'of the feled men of
the town to which he flhill belong, to'bind
him out to service, or labour, for such term
of time as shall in the discretion of the said
justice, be Efficient to procure a sum of mo
ney eqcal to the value of the article or arti
' cles so embezzled or destroyed, and pay cost
arising as aforefaid.">
- Newfarfy —puffed sane gh, 1793.
" And if any such militia man shall appear
when called put to exercise or into service,
without a musket or rifle, shall forfeit and
pay the sum of three shillings and nine pence,
and for want of every other of the aforefaid
articles fix pence. Each and every man so
enrolled as aforefaid, and providing himfelf
with the arms, ammunition and accoutre
ments required as aforefaid, shall hold the
fame exempted from all suits, distress, exe
cutions or sales for debt or the payment of
taxes. Provided always, That ,whenever the
Majors of any battalion shall judge any per
son enrolled therein unable to arm and equip
himfelf as aforefaid, such person shall not be
§ fubjett to any fine for not arming ; any
thing herein contained to the contrary not
withstanding."
Pcnnfylvania—faffed 11th April, 1793.
" Provided always, That whenever the
field officers of any regiment shall judge any
person enrolled therein unable to arm and
equip.himfelf as aforefaid, such person shall
not be fubje& to any fine for not arming:
any thing herein contained to the contrary
notwithstanding."
It does not appear that any fpecified pe
nalty is imposed by this aft on persons ne,
gle&ing to arm and equip themselves.
Maryland—passed at Nov.feffions, 1793.
" And any non-commiffipned officer or
matrons, in the artillery, and any non-com
milr.oned officer or dragoon, who shall so re
fufe or neglect to attend on any of the said
days, armed and accoutred as aforefaid (ex
cept as before excepted) shall forfeit a sum
not exceeding two thirds of a dollar per day ;
and all other non-commissioned officers and
privates who shall refufe or negle& to attend,
armed and accoutred as herein before direct
ed (except as before excepted) shall forfeit
and pay one cent per day, unless excused for
appearing without arms and accoutriments,
by the commanding officers of their refped
ive companies for the day."
Southcarolina—paffid i&b fuly, 1794,
" And every non commissioned officer and
private who shall fail toappear on the said
occasions, shall forfeit for every such failure
or neglect, ten shillings, or if appearing he
be not armed and provided in manner as di
rected by this ad, shall for such deficiency
forfeit and pay five shillings. And if the of
ficers of a company, or any two of them,
*after an examination upon oath, shall ad
judge any person or persons enrolled as a
forefaid, to be incapable of providing and
furmfhmg him or themselves with the arms,
ammunition and accoutrements required by
this ad, they shall make report thereof to
the next battalion court-martial, as the case
may be, who may, if* should appear neces
sary, exempt futh person or persons from
the fines and forfeitures by this aft imposed,
until such arms and accoutrements shall be
provided and delivered him or them by the
court martial, who shall take security for
thefafe keeping of such arms and accoutre
ments, to be returned when required."
,But it is certain that, were the penalties
greatly enhanced, an insuperable difficulty
would occur in obtaining the requisite num
ber of arms in any reafepable period. The
numbers comprehended in the ad, from 18
to forty five years of age, jnclufively, deduc
ing the exempts and mariners, may be esti
mated probably at about four hundred and
fifty thousand men. Os these probably nor
one hundred thousand are armed as the ad
requires, although a great number might be
foun; of common and ordinary muskets,
without bayonets. The deficiency cannot
be supplied from Europe,under theprefent
circumstances. Theonly solid resource to
, obtain a fupplv, is the establishment of man
.ufadories within each state. " ^^
I The deficiency of arms cannot be more
I forcibly exemplified than that to arm the mi
I litia lately called into service, estimated at
&^fifteen thousand—the number of ten thou:
L find arms have been issued from the public
■ arsenals. Loss and injury must be expeded
W to arifeupon the articles issued.
, No adequate provision appears to be eftab
r iifacd by Ihe act, for securing the obedience
of the militia to the call of the execu ive of
the United States.'
It would seem essential, l?at any law nhich
the Congress ffiorild pass upon the Insect of
the militia, should contain within it^lt all
the necessary provisions for its complete cxc
cution.,
The late experiment proves, at least in
some parts, that the laws were ine fficien t, and
had it not been far voluntary zeal which came|
to its aid the community might have experi
enced great evils.
It would appear to be essential, that when
the militia are in actual service, they ought
to be bound by the military code of the Unit
ed States. „ •
The enrollment of men of the ages fpeci
fied in this act, notwithstanding the exemp
tion, holding them responsible for military
service and enforceing the fame, appears to
be a circumstance which may operate injuri
ously to the industry and convenience of the
community.
Os the returns enjoined by the tenth sect
ion of the laid act the following only have
been received.
From 16 to 40. Forty to 60. Total.
Maflachufetts, 54,428 22,819 77,247
Connecticut, 15,851
Newjerfey, - 25,887
Georgia, 10,120
Whether the a& in question is sus
ceptible of such alterations and amend
ments, on its prefect principles,' as
will secure the advantages to be de
rived from a well organized militia
or whether a limited, but feled, and
efficient corps of militia, formed on a
principle of rotation, or otherwise, &
taken from the caffes laaft injurious
to the industry of the community,
would not better fulfil that objeft,
and at the fame time better comport
with economy, are queftiona which
the wisdom of Congress is alone com
petent to decide. All which is fob
mitted.
H. KNOX, Secretary of War.
Department of War,
10th Dec. 1794.,
Political Mifeellany.
from the MEDLEY.
THE SOLDIER- No. VII.
I HASTEN to rejoice witb mj feltow citizens
at the instance of equity and liberality exhibited
on Wednefda, last, by the tran of Neobedford,
l* particular, I cannot help heartily congratulat
ing m ) fellowjoldiers on the refah of the transac
tions of the day. It is a proof that on a fubjea
with which the, are acquainted ; that is, where
they neither lack information, nor are misin
formed, the qeoice of the people is the beflflandard
0/ truth and justice : and that, the, are
much more susceptible of offer efan and the unalien
able rights of man, than their mercenary politic
ians. What affias the Soldier with fafhle
pleasure, is, that the infiance under consideration
affords a demonflrable evidence that his do&rine is
not Jingular ; but that his sentiments have the con
current approbation of the great majority of his
follow citizens. Instead of the pitiful govern
mental grant for wages and eloathing, of 4 dollars
and 60 cents, to the detached Militia, if called
into service, this town, opening its ears to the cries
of justice, aid * ot vrifoing to facrifee equality
at the ferine of avarice, has unanimoujly agreed
to allow the Soldier, whole ambition and patriot
ijm may prompt him to embark in the cause of his
country, g /hillings bounty for enifofot, and a
Jum, which, withthe compensation before mention
ed, (ball be equivalent la ten dollars a month.—•
Herefellow soldiers is a remuneration in a measure
adequate to the toil and danger attendant on the
life °f one of our profeffion ;=a compenjation,
which, like the original sum, will not be by men
of spirit and honor, rejeaed with contempt.—
Whereas, bad the town withheld any additional
compensation, the free citizens of this description
would bavfrij&d the terms with proper Jenti
ments of disdain and resentment. No one but a
despicable charaaer-a daftardl, villain a
st ran ger to the principles of liberty, or the idea of
avenging the injured rights of his, country ; and
void of ever, jpark of ambition ; would have
voluntarily enlisted. The late urfatunate Wf
tern Arm, affords ajufficient proof that a military
force without reasonable wages, must conffl ftbe
villains offociety, and 'tffeuffiofmerah/y—nnt
foldier s, but the foafow of fildiers* —enable to face
'%gcr, and utterly incompetent to the purfys in
tended. /therefore dare to predia that should the
required detachmentde called intofervice ; and tb^
greater part cortfjl of volunteer ynlifbnettts, and
receive no other recommence than tb& allowed bf
government, the, would inevitably afford an ene
my the triumph of a farad St. Clair catfyfy.
Tbofe w^ ^ert compelled into a compliance
with the arbitrary requift%, mujl march to the
fold with reluaarce ; and fight with that want
of energy and animation which a deepfenje of the
ingratitude of their csw^ mufl unavoidably pro
duce. This in foxce rs generoft, corroborate; m,
l^ft rffirtfcn that the militia m^ftfook to therr;
selves jarj^fe, : nnt to tbofe mercenary hg'jla,
tors who have exempted themselves from the bar
then : — and who, as cue of their own body ingeni
oujl, declared, " when they are ferfble there is a
burthen to be borne, if they can keep it est their own
shoulders, cure not inhere it lights." —lt has been
alledged in defence of this clajs of exemptions, that
the privilege is but tra*fiizry, becauje an impor-
Atant yearly revolution takes place in the legfature
—Ridiculous plea I as though the right of doing
u "j u fb "might he defended by want of magnitude
™in the fault : or as though this frequent change of
Reprfmatives, and confequtntlj their being di
vefad of the privilege while not holding a fat it
the legislature, should invalidate the justice of the
complaint ; when fuels a body must continually ex
if, and their exempting tbemfelves whilst in office,
ultimately affia> the ir.terefl of the community in the
fame degree as though each individual held a per
manent feat. —When jueb fallacious arguments as
this are brought forward by the advocates for
partially, nothing tends more to make us diflraft
the ligitimac, of their cause. But to return more
particularly to tbe fubjea; the metfirg confified
as I have been informedof many übo felf intereft
cd in difpenfirtgjuftice to the Soldier'; their neigh
bours bad cofidered the importance of the recent
requisition to the intere/l of their brethren detach
ed ; met to conjult upon the mofl equitable and agree
able method of raffing our quota ; and to the honor
of the town, ob,ed the diaatts of conscience and
humanity : and thereby not only followed the ex
ample of fevtral States—and numbers of other
towns in this Commonwealth ;, but have given a
precedent of benevolence and liberality worthy those
that have not ,et considered tbe jubjea. Indeed
the latisfaaion wefed in dispensing commutative
justice, and in the proJperity of a good citizen and
bohefl man, it is presumed will prevent a murmur
even in the bread of parsimony, at the generous ad
ditional gratuity granted our proportion of the de
tacbment f^ Indeed if there were any oppofaion to
the measure, it must have originated in the persons
of these who are by law not liable to be called up
on; and who have no better adviser whereby to
regulate their condua than the flandard of in
terest.
But I now come to prove the glaring irjuflice
and abominable oppression of the prefect military
establishment, by irrefiftable demonflration.
That the exemptions, (which 1 have confide,ed at
some length) are for the most part completely re
pugnant to the principles of equal liberty and a re
publicanform of government ; yea, that this clauje
of the aft is the ligitimate offspring of a risto-
CR a CY, / am perjuaded will be avowed by every
unbiased and ingenuous mind.
A Ifhall therefore proceed to confider the burthen
Juflained b, the citizens enrolled and liable by law
to be called out ; in which three things are to be
particularly noticed. —1. The magnitude of the
burthen —2. That those persons enrolled are in
general least able to support it—3. That more
benefit is derived from the military establishment
by those whojeperjons and property are totally ex
empted from the burthen, than by those obliged by
the present law at their own expenje to perform
military duty.,
1. The Militia of the Commonwealth is
formed and arranged by Uw into divisions,
brigades, regiments, and companies :—Each
company to consist of 64 etfedive privates,
to be armed and equipped at their own ex
pense, agreeable to the Bth paragraph of the
A&, as follows :— = '
" And be it further ena&ed by the au
thority aforefaid, That every non-commil
fioned officer and private of the infantry,
shall constantly keep himfelf provided with a
good musket, with an iron or steel rod, a Ef
ficient bayonet and belt, two spare flints, a
priming wire arid brush, and fnapfack ; a
cartridge box, or pouch with a box therein,
to contqjn not less than 34 cartridges, suited
to the bore of his musket ; each cartridge to
contain a proper quaintity of powder and
ball ; or with a ^ood rifle, fnapfack, fhot
pbuch, powderhorn, 20 balls suited to the
bore of his rifle, and a quarter of a pound of
powder ; And shall appear so armed, accou
tred and provided, whenever called out," &e.
By the 19th paragraph, every person who,
at any time when called out, is found defi
cient in thearms and accoutrements fpecified
above, is liable to a fine not exceeding 20
shillings, in proportion to the articles of
which he shall be deficient, at the discretion
of the Justice before whom trial shall be had.
Every regiment is to be called out and afr
fembled once in every 2/ years by regiments ;
and once in every two years (the year it is not
mustered by regiments) the militia is to be
called out by towns : and it is to be called
together four times in every year b, compa
nies, agreeable to the 24th paragraph, as
follows :— }
" And be it further enaded by the au
thority ,aforefaid, That every Captain or
commanding officer of a company, fliall call
his company together three daysin each year
for company discipline ; arid once on'the Ift
Tuefday of May, annually, for the exprtfs
ptyppfe of examining and taking an eka&
account of every man's arms and equip
ments ;at which time every article required
by this a&, shall be brought to the place of
examination. And every person liable to do
duty in the militia, who dull be absent at tbeo
examination or review of arms, in the month
of Mey, as as lefaid, and shall net fend his
arms and equipments to be examined,at the :
time and place appointed, he fyll be fined
for every article required in this aa not so
brought or sent to be examined, as is herein
before directed, besides thefum of ten shil
lings, for nonappearance, as aforefaid."
As this paper has arrived to a.fufficient
bulk, I shall now take leave of the public ;
and defer the prefecution cf the fubjed to a
future number.
MerercHßamTraaCTtcßtrareTUH^e^utmnrcctQtrerc^t^rc^^
LegiJlature of Newbamp/bire.
HOUSE OF REPRESENTATIVES.
CONCORD, JAN. 2, 1/9,.
RESOLVED. That the Treasurer be di^
reeled to take cffedual measures, for the col
lection of all the money due to this Rare, on
notes of hand, by the ift of C&ober next ;
and to apply the fame, with the residue of
the money which shall then be in the treafu,
ry, or so much thereof as may be necessary,
(reserving Efficient for the support of gov
ernment) to the difeharge of the loan of 12
thousand pounds, negociated in pursuance of
an aft or law, passed last session.
The prayer of the petition of Wm. Gregg,
Esq. to be restored to law, was granted.
An ad passed, granting 17 dollars to each
company of cavalry, to furnilh music and
colours.
Messrs Waldron, Peabody, and Cilley,
were appointed on Gen. John Stark's peti
tion, praying that be might receive pay for
his services in the late war, without Depreci
ation, as he had never speculated on his fecu
ririas.
The committee on Eben W. Judd's peti
tion, reported in favour of a day of hearing
—report not accepted—but leave given for
him to withdraw his petition.
Susanna Dodge's petition postponed to the
2d Wednesday ,of next felhon.
John Wendall's petition, in behalf ofWm.
James, was postponed to the 2d Wednesday
of the next session.
Motion was made to grant the prayer of
Esq. Glidden's petition—yeas 10, nays 89,
he then had leave to withdraw his petition.
The inhabitants of Rendall had leave to
raise a tax of three pence on each acre of land
in said tewn, fur one year only.
fan. 3. An aft passed, altering the time
of holding the annual town meeting of Sand
borntoWn. <,
Messrs. A. Livermore, Beedee, Gerrith,
Newcomb and Johnson, were appointed to
confider of a letter, signed by Wm. Plum
mer, Nathaniel Green, and Thomas Thom
son, directed to the Speaker, refpeding the
Laws of this state.
Joseph Blanchard, Esq. of Cheder, Timo
thy Gibson, Efq.of Henniker, and Mr. Jona
than Fisk, of Franceftown, were appointed a
committee to view the road complained of
by the felc& men of Goffstown.
The fecund Wednesday of next session, was
appointed a day of hearing on Isaac Butter
field's petition.
Messrs. Cyr, R. Parker and Hough were
appointed on Jeremiah Wendell's petition.
Messrs. Gains, Torr, P. Clark, J. Young
and S. Young, were appointed to nominate
to this House two suitable persons, one of
whom to be appointed to prepare and deliver
an election sermon in June next.
Messrs. Peabody, A. Livermore, J.Pierce,
Beedee, P. Clark, Dole, Rand, Newcomb,|
Hough and Brewster were appointed to re-I
port what shall be done with refped to unlo-I
cated lands in this state.,
fan. 5. Messrs. J. Pierce, Newcomb &
Goddard were appointed to confider of a bill
in addition to an cd for' the equal deftripu
tion of insolvent estates.
The Senate appointed Mess. Smith, Lea
vitt, and Whitcomb, oil their part, to report
what necessary business remains to be done
the present session, also at what time the Ge
nerj! Court may be adjourned, and at what
place it shall meet in June next —the House
concurred, andjoined Mess. Cilley, J.Pierce,
Sraith, Newcomb and Merrill.
The committee appointed in June last to
examine a road through Dearing, reported
that they are of opinion the road as proposed
will not answer tfe end intended ; will be in
jurious to some individuals, and bring a hea
vy cost on the town of Dearing—without be
ing of much public utility ; therefore ought
not to be established—accepted.
1 Mess. M'Clary, Dole and J. Young were
appointed on the petition of Peter Green, Esq
and others, praying leave to bbild a bridge
over Merrimac rivet, near Butters' ferry.
An ad passed to incorporate a town by the
name of Piercy. Also an ad to prevent dam
ages being done by borfes, mules, &c.
The committee on the Militia Laws report
ed, that they find so many omissions, inaccu
racies and errors, as will make it a more ar
duous talk to amend and complete those laws,
than to originate an entire new system—that
Congress have been revising the militia laws,
and will probably make material alterations
—That a committee be appointed to report
.at the next session, a suitable law for regulat
ing the Militia—l^t it will be proper to pats
at this session a law fordrawing rorth any nec
essary detachment cf Militia, in case of emer-