Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1814-04-19

rom the county u AouuSn3 ~ N'S
,ldent. to the District of Columbia. But
ifthe Colonel was correct in quoting 1t,
shy did he disobey its provisions, with
respe., 10 the ensign detailed for duty;
" hen that officer said he could not pos
sibly march-Colonel Minor told him
he should go or resign, he accordingly
resigned. The lav says he shall DC ma
ed and moreover be liable to be cashier.
ed by sentence of a a court martial !
have said that the conclusion, 10 NIL inc
from those who were present.
did not follow; this will be Immediately
perceived by "a reference to the Ia" a"o
the orders Of the Governor--'n the zo.h
section of the act Of January isoa' 'no
law under which we acted, are these
words, "by non-commissisned o1'csr
or private for falling to appear al '"e
place of rendezvous when ordered upon
any call from the Governor sc. ne sn''
paw a sum not exceeding eighty doiiars
to be adiudged Sc" Hence inc law
admits sum of money lieu OF the per-
sonal services of the men who do etap-
pear, they take money and go wi'hoot
men (for it is possible that not a man
may appear till another call is made. II
may be said, il that DO true, the s'''e
may alw avs be without men, this is an
objection to tho Iawitselfas 1t stands nos
to a Just Interpretation of tiff otherwise
military duty cannot be performed a.
greea5ly 10 class; and the same men
may be taken second, third, fourth
time SC. Colonel Mason OF Loudon
gave it as his opinion, that the manner
of obtaining the detachments from
this county; was altogether lmPro-
per; he said when the call was MADE
from his regiments if not one de-
tailed man had appeared, he should have
gone to Norfolk without them. The Lee
sislature was also aware of the inadcqua-
CIV of the law to furnish the men; and at
their last session amended it SO as to take
any men agreeably to class to the num-
Der required, who shall appear at the
same time increasing the penalty tor de-
linqusncies by fine Imprisonment, &c.
The orders from the Governor were
+" where there is deficiency, from UNI
avoidable causes, it must be snppllcd by
the next in routine Of duty" it follows
if the deficiency, did arise, from una
~oidable causes, it was to be suppl
ed BY the next in routine OF duty. In
the name efCommon sense what coDsu-
tutes an unavoidable cause OF deficiency
or abs encr Any man will ct once an
swer, sickness, death, or removal; had
any OF these prevented attendance, the
deficiency must then but not ill then,
have been suppliedby the next IN Glass;
or routine of duty. This is evidently
the Governors view otherwise ne
would have said I" where there IS de-
6cieucy il must be supplied by the next
in routine Of duty" leaving out ahe
word /" unavoidable" altogether. This
really so self evident, that II Ii
to say more about 1t
There is however, anotaeT important
feature in the orders, viz A court
then and there to be convened,
with the regimeptal surgeon, tor the
purpose of hearing and determining all
ciaims to exemption from ~hafeOer
.anse they may be-" Col. Miner de,
clared on the first day that he would
take any men who attended It the de-
tailed men should absent themselves
Most of the Captains, indeed all whom
heard speak on the subject thought 1t
would be unfair. Capt. ferret has, |
am informed, since declared, that he
did not approve of the manner in winch
il was conducted-hence 1t is evident
they were not acquainted VITA that part
of the orders just quoted Fhe Gel
took the whole business of Supplying
the deficiency on himself when by the
orders Just quoted, it is clear, that II
wa. the duty or at least tbs right Of the
officers (for they were the court mar
tial to determine the claims to exemp'
ton from .yhoteuer cause they may be)
10 have released the men SO unfairly
taken into custody By the Col. 1t was
culp.ble neglect OF his high and re.
spopsibie duty" to have concealed from
the captains the power vested IN them to
hear and determine all CLAIMS 10 exemp-
ton from zvhafeDer eouse they may d
rise. If am not greatly mistaken,
those gentlemen thought the only power
vested in them, vas, to hear ana de-
,ermine Cases Of physical inability uncer
the opinion of the surgeon. l have con-
versed with G. Golfer who confirms my
opinion. If, however, ! err, l pray
those gentlemen to correct me. -
The piece says, 1t is most probabie
that instead of exerting hinsell to mus
ter his men, he made it matter OF cleo
tioneering defamation" &c. It is most
probable be. knew he was not telling the
truth when he said this; it is, to be sure,
an excellent method of shifting the o,
dunn OF impressment of hi@seh II
superstition were to prove any thing he
II Hn rM0TG