The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1827-08-30

defendants name was enrolled by being up.
on the books or List Of the company, and
that notice Of such enrolment was given Ia
the defendant "by some proper non commits.
ed officer Of The company" at least six months
before the day Of warning. Now the evi-
dcnce in this case is, that tho the defendant .
name was enrolled by the captain Of the com.
psny, yet the only notice the defendant ever
received of it was, by the warning officer six
days before the muster, in the printed notice
left by him, it being incidentally mentioned
that he "being enrolled" &c. sis required TO
appear" DC. This is not such notice as the
law required nor was it given by the proper
officer six months before the training On
this point, therefore, ! am Of opinion that
Judgment must ba for the defendant. The
second point is that the defendant is not re-.
sden: of this State, and therefore not liable:
tho proof is, that the defendant resides in
the State Of outh-Carolina, at least ten
months in the ycarj-that he there rents and
occupies a store during the whole year;-that
his business and property lies there;-- and that
the two or three months of his temporary abb
sonce is occasioned by necessity if all
this does not constitute the defendant non
resident Of this State, know not what can.
The law is that a man must be not only
resident ofthe State, but h0 must reside with.
in the bounds of the captain who sues, Sly
months before the day of training--but the
proof in this suit is, that the defendant re.
sides here but two or three months IN the year
nor can it help the plaintiffs case for him
to shcw that the defendant does not do duty in
the State Of S Carolina, it is no reason for
our compelling him to do it here because he
does not do it where he is liable to-
am Of opinion, therefore, on this second
point, that the allegation not being sustained
by the proof, that judgment must be entered
for The defendant
Justice TuRSER, obscrvcd,---
Tho defendant was not duly enrolled, be-
causc ho had no notice ofhis enrolment.
If the enrolment had been legal and rogu-
lar ho would not have been liable to military
duty here, as he was citizen OF another
State and liable to do military duty there az
the same time.
If the enrolment had been regular, and the
do0. had been liable 10 do military duty here;
! yet as the warrant 10 the warning officer did
not conform To the statute aud did not men.
! ton the def. as -an enrolled member Of the
company, tho present fines cannot be recov.
cred of him for non attendance, sc. as The
, statute is to be construed strictly.
! By the 10Th section of the State Militia
! Law, it il made the duty Of the commanding
! officers of companies in issuing warrants for
warning their companies TO have "a list oi
| the men thereof, accompanying their warran,
duty that does not appear TO have been at.
tended TO at all in this case. Upon the whole
| ,'-'--- -, that every msmbor mast be on
rolled and have notice of his enrolment be
fore he can be warned TO do mil duty; that he
must bo citizen or a resident Of the State
where the duty is required; and that he must
he warned strictly according to law; and that
no warrant for warning the members of a
company can be good that is not attached t.
a list ofthoir names, or has not list of names
attached 20 that.
Upon all thcso grounds, the present dcrcn.
dant is entitled to Judgment in his favor.
! Justices MuMFoRD & WEAVER, ooncurrnr
---es5c--
very singular and extraordinary phc.
nomenon was observable in this place on
Tuesday evening last, above Tire horizon in
northwcstery direction, resembling an i'm.
monsn column of fire, which ascended 10
vast height, and gradually moved in south
westerly direction, until it approached poini
westerly, southwes,erly, ut the same time
extending itself to the extreme Eastern
horizon, forming n complete semi-circle or
arch. We should he glad 10 read the lucu.
brations of some learned philosopher respect.
ing this stranger Of the skies The weather
was unusually mild and pleasant.
a shock OF an earthquake was felt at
New London and the vicinity on Saturday
last, which sensibly shook the houses und
caused some little alarm.
The Boston Gazette Of the Opposition