The Upper House. 139

The following Message prepared and agreed Upon by this
house Viz.

By the Upp^r house of Assembly July the 26^th 1721

Gentl. We are not willing to believe but that you have read
and in some Measure Considered our Message the 22^d Instant
by Coll Ward tho by your Opinion of the 24^th in relation
thereto It might seem otherwise
We did not propose to you the Enlargement of the punish-

U. H. J.

ment but that the punishment allready appointed (the Quantity
whereof you do not object against) might be duly inflicted
on the Offenders. In vain is it to proportion Punishments to
Offences if the Method of bringing the Offenders to punishm^t
be rendered Impracticable as many Years Experience Suffi-
ciently Demonstrates this to be
Gent. We take it that tho this fine of One Hundred pounds
of Tob^o be but small in it Self Yet in the Consequence of it the
Honour & Safety of our Country is much Concern'd Upon the
due Execution of this Law Depends the whole Regulation of
the Militia for that is the only tye upon them to obey and
Obedience is Essentiall to Discipline, and Discipline to De-
fence and even in the Time of the most happy Tranquility
A Well regulated Militia is not only an Honour but a Pre-
servative of Peace by keeping in Awe a less Disciplined
Neighbour. Whereas the neglect of this is even an Invitation
to others to take Advantage of our not being in a Posture of
Defence
We take this Oppertunity to Acquaint you that many the
most Capable psons have refused to Accept Commissions And

P. 36

those that have them Desire to lay them down Because they are
only Called Commanders but have no legall power to Induce
Obedience we likewise observe that the fine is what you Ap-
prove of and the Judges of it (proposed) are the Same the
•psent Act appoints Wherever the party fined Pleases to make
them so for, if he Dislikes the Judgm^t of the Capt he may then
Complain to and have the same Judges w^ch that Law already
appoints If he likes the Capt^s Judgment the Alteration we
propose can be no Grievance to him to which if you Agree
may be Added that no such Fines be Executed for without the
Approbation & Certificate of the field Officers Certainly
Gent Should you refuse to Amend this Act in the points
Proposed w^ch Alter not the Substance but render the due
Execution of it more practicable it must be necessarily Under-
stood as the Effect of your Dislike to the Act it Self And by
Consequence a dislike to Any Militia for the Deffence of the
Country
Signed p Ord^r Joh Beale Cl Up Ho.

p. 37