The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1842-10-25

which before it was altered and adapted =,
the federal constitution was in the follow.
words "The inhabitants of this comnon
wealth shall be trained and armed for il, do
fence, under such regulations, restric,ioD.
and exceptions as the Legislature shall Al
The act was also passed in accord.
with the 18th article of the bin If
which declares that the military ,b,I
be kept 10 strict subordinstion 10, and h.
governed by the civil power that is BY Tho
Legislature.
1t is worthy Of remark rha, the trainers ~
our constitution even practically acquaip,,
ed, both with martial law, and with liza, mil.
lila system which was established ~ ~.
first Legislature. Many Of then had ss,x
ed in provincial troops with the British arm.
in the French wars, and were under the ne.
cessity Of Witnessing if not suffering ,bs
cruel und bloody punishments innic,ed NV
martial law. and they had all of them been
accustomed 10 tho safe militia svS.an,
which was established by our first Leoixlo-
ture, For in a volume entitled The NV,
and Liberties Of Massachusetts COLONY"
End an act passed in the year 1862 for or.
ganizIug and governing the militia, BY which
act militia fines were imposed by the Officers
OF the company and collected bv q warran,
signed by the captain and directed to thu
clerk of the company. No uolice wa, re.
CURED to ba given 10 the delinquent 10 en-.
able the officers 10 assess the fine, nor was
n notice required by the first militia &C,
Of this stale, which continued in force MANY
years un6l>turbed BY every new and cun.
nlng contriyances 1t is evident that the
fIamers OF the constitution considered the
imposition Of militia fines mere analagou,
TO punishment for contempt OF court. than
10 prosecutions for criminal offences, and
certainly they were not few out of the way,
for in neither case was any evidence requIr.
ed other than the evidence Of the senses.
and in those good old times every soldier
who had neglected 10 appear as the law ~.
quired, had sense enough 10 know without
being told by legal process that he must Ell.
ther appear and under valid excuse or paw
his fine.
Bnt my hour is nearly out and rusi
come TO a close and since | have had occa.
sion 10 refer 10 our puritan fathers, | will
take leave, in imitation of their manners 10
close with some interences from what bus
been said. and
first, We infer from what has been said
rs an individual concerns so in Legs.
there is nothing so silly Us cunning.
Secondly, We infer from The defaiuou
Of martial law which has been given, thai
no militia act Of this slate has ever becu
passed in violation of the above recited alll.
Gle relative 10 martial law, nor is ii readily
perceived how the Legislature could violate
the article, otherwise than by tho simple Gil.
that the militia not in actual SCI.
vice shall be governed by martial law
Surely if they passed. an act for the govern.
ment of the militia, prescribing lhc dulles
10 be performed, annexing a penalty to each
neglect Of duty, and constitute a tribunal 10
administer the laws whatever mny be liz
denomination of such tribunal. Slch -S
is a branch. though n separate and distinct
branch of The munich, 'al law, not parlakias
in The lcas, of the nature Of martial las.
nlItNy WI hiI III bC oh4O VI 'v
constitution had no idea that prosecutions
for criminal offences could ever be extend.
ed 10 or embrace the Imposition Of militia
fines, for they had been long sccusiomgl =
the imposition OF such fines Without ~! pro.
cess whatever.
Fourinly, We infrr that il 70 ,ups, ,j,.-
expiration %ofeyery period OF sc'ca SOS.
forever Lppoint men for the express puil4.,
Of discovering ard pointing out dcIecI,
the constitution and laws, we can never hav.
any desirable degree Of stability in either
Filthy and lastly. We infer from Shs'
has been said aud from the intelig1rcr o.
the people, tina, although We have oil be-
very certain thai We have possessed all Ihc
wisdom. and that it will die with US, brcause
rot one uf our sister states has bad wisdom
10 adopt our mode of amending the
constitution. Yet the day is not far dis
.Pnt when We shall begin 10 doubt whether
Jur wisdom is of that kind which is prof.
able 10 direct.
DANIEL CHiPNAS.