The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-09-03
as. II. PEyTON, Abide Camp.
Head Quarters, August Oath, lsi4''
10 the Editor of The Enquirer.

70 me EdlfoT Of the En9li
DEAR SIR,
The law under which the Militia of
TINS State are called into service is construed
by the Commandments of some Regiments in a
manner SO different from the common opinion
OF ITS meaning, that it is essential not only to
OF rights OF individuals affected by it, but to
the public service, that the true Interpretation
OF IT should be officially promulgated. The
point which it is desirable to have established
is, what constitutes such tour of service, as
exempts the persons performing it, from fur
Their duty, until their numbers come around
IN regular rotation The received opinion,
Which think is justified both by the words
and spirit of the law, is that all the militia in
the state are liable to 6 months service, and
that when called out they cannot be consi-
dered as having discharged their debt, until
they nave performed service for this period
L nat 1t is discretional with the executive pow
ers to discharge them from service within the
months, but that this can be considered only
as TEMPORARY discharge; that they are then
entitled to credit (not for a full tour, but) for
the time during which they served, and are
still liable tor the balance of service, to COM
Plete the six months service, whenever ano-
ther call may be made upon their regiment.
ne other construction (Which has been
acted upon III some instances) is that if por-
ton OF the militia be called into service, and
discharged after serving only 7ueek, never
theless the men constituting this portion are
considered as having performed a fuK tol,,'
OF service and are not liable to another re-
QUESTION until all the numbers after them are
exhausted. Under this construction, if Nos. /,
2, and 3. be detailed for service, and dischar-
ged at the expiration of week, and it should
then be necessary, in consequence of some
sudden emergency to make another call upon
the same regiment, it will fall upon Nos. 4, s;
o, and their Sequents, all of which as far as 10
may be required to serve months, while the
hrst numbers detailed will have obtained e5s-
enfption from further duty, by the trifiing
service of a week.
tlsneedless to eXpatiate on the subject, or
10 consume time III the enquiry which con-
structiou IS most Consonant, with reason, with
equity, with the essence and spirit of ouri in
situations, Under the first Interpretation the
law possesses that quality which should cha
racterlZe all our laws, and which renders
compliance with them cheerful ard voluntary,
W. an equal operation on all classes The
,hardshlps it imposes are borne with cheerful
ness SO long as they are believed to be the in
evltaole consequences of necessary law
All men are convinced of the necessity of
sacrificing private interests to public GOOD.
and where the sacrifice is exacted from all,
1t VIII, with some exceptions be willingly
made. But divest the laws recurring these
sacrifces OF their fmfartiai operation, let
them bear with the weight of lead on the
shoulders OF one, and, on another, sit with the
bghtneSs OF feather, and the consequences
gan he easily toreseen. Discomfort, muImurs.
a tukewarmness towards the service. however
glorious and aniInating the cause which re-
CURES our exertlons, and consequent dimi-
rutlon OF the public strength, inevitably re-
suit.
1.-THE law under which our citizens are
CALLED upon to exchange the ease and com
forts OF domestic lie, for the hardshps and
Pf1vatlons - amp, shalt receive such a con-
struction as ,ne spirit pervading all our laws
would dictate land surely none other is adj
misslble) no portion of the militia which has
already served, the full period prescribed bv
law 10 months) can be required TO serve se-
coma tour, until all the rest of the militia in the
'2tate shall have served a similar tour, except
III those cases where the militia, to meet
particular emergency, may be called out u,
mass. ny this construction, the burdens of
INC law are distributed with an impartial hand.
ana that equality is preserved which piyes 10
aii laws their strongest title TO obedience. If
uiis position be correct, what must we think
" mat Interpretation Of law PROCESSING and
intended to be equal in is operation, which
subjects one portion of the militia to a service
of o. ~, or l8 months, while another portion
becomes exempt by service of 6, - or IS DAYS
Ana yet this might be the effect of the con
itruction complained Of, as may be easily
'hewn. lake one regiment by way of exam
PEE suppose the numbers from 1 to nclu-
I've to have served a full tour of s months
NO and are performing their tour at Nor
ok. A requisition is made which embraces
m nm q n