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Proceedings of the Council of Maryland, 1753-1761
Volume 31, Page 288   View pdf image (33K)
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288 Proceedings of the Council of Maryland, 1753-1761. Lib. J. R. been at least honest and sincere, and upon the best of my & U. S. Judgment, and devoid of Partiality, or any other Motive but a determined Resolution to do my Duty as well in this, as every other Instance in the Execution of the Office I have borne, nor was it ever my opinion of the law tho' I have been inform'd Insinuations have been made to the Contrary, that I or any other Justice of the Peace had any judicial Power p. 250 of determining the Right of the Officer to command the Militia to serve in Arms, or of their Refusal but that on the Return of the Certificate the Justice of the Peace was imme diately (and merely ministerially and not judicially) to issue his Warrant and that on the Person so refusing to serve appearing before him he then was only to judge of the Reas onableness or Sufficiency of the Person's Excuse for not doing that Duty he had been commanded by his Officer to do, which Excuse I never thought could include any Denial of the Right to give the Command but could only relate to the particular Circumstances attending the Man himself so re- fusing and his Affairs, and that if their particular Excuses had not appeared sufficient, and reasonable, I should not have made the least Hesitation, as I looked upon it to be my Duty to have committed them as the Law directs, or have bound them over in sufficient Security to answer, which I think the Law implicitly gives a Power to do, and did not intend to subject the Parties to the Charge and Pain of a Commitment to Prison if they had sufficient security ready, and so I shall act with the rest if brought before me. I beg Leave to subscribe myself your Excellency and Honours most obedt and humble Servant. May 8th 1758: [Seal] Wm Ringgold. Whereas it is certified to me by Capt. Peregrine Brown Captain of the seventh Company of the Foot Militia of Kent County that there is now a foreign Invasion of the Province of Maryland, and that he hath commanded Thomas Honour, Thomas Bryant, John Edmonson, James Poole, John Rosser, John Glassford, John Deale, James Kulley, George Brown a Boatman, Charles Welding junior, Isaac Allwinkle, James Underhill, Edmund Carter Merchant, William Coburn, Thomas Kennard, James Hull, Stephen Roe, Benjamin Greenwood Bartholomew Haven, Samuel Tonsey, John Hicks jun: David Wood, Edward Swaney, James Price, Timothy Course, James Price jun: John Redding and James Jackson of the County aforesaid Farmers, who are inlisted Soldiers in his Company to appear and serve in Arms for the necessary Defence of this Province, and they have obstinately

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Proceedings of the Council of Maryland, 1753-1761
Volume 31, Page 288   View pdf image (33K)
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