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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 155   View pdf image (33K)
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The Lower House. 155


why it was not mentioned in that Address was, that as we did not
apprehend it any way affected the Laws either of 1715 or 1722, we
thought it unnecessary to stuff that Address with any matter which
was not pertinent to the Subject in hand: But since your Excellency
by your Message seems to think otherwise, we must beg leave to
consider the Reasons you have offered for support of that Opinion.

L. H. J.
Liber No. 46

You are pleased to say that the Law in 1732 Entituled, A supplemen-
tary Act to the Act for the ordering and regulating the Militia of
this Province for the better defence and Security thereof, is a per-
petual Law, If your Excellency will consider that Law as indepen-
dant of, and without relating to, any other Law, as it cannot in that
Light by any means affect either the Laws of 1715 or 1722, and will
be consequently out of the present Question, we shall not now trouble
you with any Thing concerning it, but as we presume, from the
use you seem inclinable to make of that Law, you would rather sup-
pose it to be a supplementary Law, we must beg leave to enquire, as
briefly as the Nature and Importance of this Dispute will admit, to
what Law it is so, and what must be the Fate of it, in order to which
we shall turn to such Places in that Law of 1732, as have any Refer-
ence to a former Militia Law; and besides the Title already men-
tioned, the latter Half of the Preamble runs thus, " And whereas
the several Provisions hitherto intended by the Legislature of this
Province, as well as the several Sums of Money laid out in the Pur-
chase of Arms and Ammunition for those purposes, have not had
the desired Effect, in a proper Regulation of the Militia of this Prov-
ince, by reason of some Defects in the Laws already made " The
first enacting Clause is thus " That any Colonel Lieutenant Colonel,
or Major, already commissioned, or hereafter to be commissioned,
by the Governor or Commander in Chief for the Time being, or any
two or more of them, shall have the same Powers and Authorities,
in the Execution of any Laws now in force concerning the Militia,
as the Colonel, Lieutenant Colonel, or Major, intended by the said
Laws, are invested with Provided, the Number of such Officers, who
shall at any Time act, or execute any Part of the same Laws, be
the same as is directed for such Purposes, by the said Laws." The
last enacting Clauses in Page 25 of the Laws of that Session, is in
these Words, " That the Captain, Lieutenants, and Ensign, or any
two of them, shall have the same Powers and Authorities to execute
this, or any other of the Laws now in force within this Province,
relating to the Militia thereof, in and over their Company or Com-
panies, in as full and ample manner, as the Colonel, Lieutenant
Colonel, or Majors, or any two of them, can or may do, in and over
their Respective Regiments, Troops, or Companies, by Virtue of
this, or any other Law now in force." The last enacting Clause in
Page 27 stands thus; " And whereas there is not any Exemption
by the Laws now in force, of any member of his Lordship's Council,

p. 508



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 155   View pdf image (33K)
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