Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1819-04-06
COMMUNICATED.

EDs
At meeting of the Officers of the I'd Bat
talion of the 4th Regiment, held at the
tavern of EpHRAIM CLARK, on Satur-
day evening the Sd inst. the following
Protest was unanimously adopted:
The Officers of the I'd Battalion of the
4th Regiment of Essex Brigade, cannot
but express the surprise and regret with
which they view the late proceedings of
the Legislature 10 the appointment of
| Major to that battalion. They think that
they are bound by the duty which they
owe to themselves, as well as to the bat
talon they have the honour to represent,
to protest against this appointment as
highly illegal and improper, and estab-
listing a precedent dangerous to to the
military interest, and subyersive Of all
the rules Of military promotion. They
view it as illegal, because in direct oppo-
stion to the spirit of the 23d section Of
the act establishing militia system.
That section enacts, That IL any officer
shall remove out of the bounds of his
proper division, brigade, regiment, bat
TALON, squadron, troop, or company, or
shall be absent therefrom more than six
months, his office shall be thereby va
Gated" The plain and evident construc-
ton of this section requires, that every
person commanding division, brigade,
or battalion, &c. should reside within the
bounds of the same. If person who re.
sides without the bounds of the battalion
may be appointed to command it, then is
this section rendered nugatory, and the
very intention Of it defeated. Why should
the Legislature take the precaution to
prevent officers from removing out of the
bounds of their battalions, when it is not
necessary that they should reside within
them Again, if person can be appoint
ed to the command of battalion whose
residence is not within the bounds thereof,
why, upon the same principle, may not a
person be appointed to command division
or brigade who does not reside within their
: bounds? According to the I'd section of
the militia act, &c The Bergen, Essex and
Morris brigades shall compose the second
division" Now if the principle be cor
rect one, that an officer may be appointed
to a command within the bounds Of which
he does not reside, might not an officer
who lives in Cape May be appointed to
the command of the I'd division? If you
once overstep the bounds of the division,
where is the limit at which you shall stop
There is none prescribed. You may as
we'll 60 one hundred miles beyond it as
; one; we perceive no difference in princi-
pie. One reason why officers were re-
quired to reside within the bounds of their
respective commands, no doubt was the
convenience of those to be commanded,
! and the preservation of that regular sub
{ ordination SO necessary in the military
system. The 9th section enacts, That
the presidents of the company courts shall,
within ten days after the meeting thereof,
make an accurate return TO the major or
commanding officer Of the battalion, OF the
names of all delinquents," &c. Now II the
residence of the major need not be within
the bounds of the battalion, but may be any
where, either within or without the state,
as personal interest or legislative caprice
may dictate, to what an Inconvenience
must the commanders Of companies be sub
iected. We have said we considered the
appointment as improper. In speaking oil
its improperly, we beg leave to De under
stood, that we wish not in the least TO de-
, tract from the merit of the gentleman ap.
: pointed: on the contrary, we take this
opportunity Of expressing the respect we