|
|
L.H.J.
Liber No. 50
April 17
|
vides how they shall be paid : But it gives no Power to the Governor
or Commander in Chief, or any Person Commissioned by him, to
Compel the Militia of one County to March into another; nor does
it Oblige the Militia to Obey the Commands of their Officers, or
subject them to any Penalty for Disobedience. In a subsequent Clause
of the same Law, there is a very severe Penalty laid upon those
Persons that shall, upon any Foreign Invasion, obstinately refuse
to appear and serve in Arms for the necessary Defence of this Prov-
ince; but, we conceive, it's Clear they are not Punishable, by that
Clause, for Refusing to serve in Arms upon any other Occasion than
upon an actual Foreign Invasion, and then, no longer than until the
Invaders shall be Repelled; for when that is done, the Country cannot
be said to be under an Invasion; and that Clause is the only one which
inflicts any Penalty upon a Refusal to appear and serve in Arms.
|
|
|
|
p. 44
|
When the Militia of Queen-Anne's and Kent Counties were forced
to leave their Habitations and Families, and those of Queen-Anne's
were transported across the Bay, and Marched to the Western
Frontiers, this Province was not under any Invasion; nor had there
been even any Incursions made by the Enemy for a long Time before
their March, that we have heard of: Add to this, that our good
Friends the Cherokees, with some of our own People, were then, as
we are informed, on an Excursion against the Enemy. But, upon
a Supposition there had been an Incursion of a few Indians at the
Time the Militia of those Counties marched (which we cannot learn
was the Case) To what End or Purpose could they be ordered
to march ? It could not be to repel a foreign Invasion, for there was
not, at that Time, even any Report of one; and it is well known to
your Excellency, that the small Parties of our Enemies, that have
heretofore made Incursions into this Province, have always departed
within a very few Hours after they have done their intended Mis-
chief; even so soon that the Rangers that have been paid by this
Province, for the Defence and Protection of the Frontier Inhabi-
tants, have either not been able to overtake them, or have not complied
with their Duty in making a speedy and proper Pursuit. How then
could it be necessary or lawful to march those Militia of Queen
Anne's and Kent Counties to the Western Frontier, if there had
been such Incursions of our Enemies, since such March could not
possibly tend to repel, what perhaps your Excellency may think
proper to call an Invasion! as such Invasion must cease to exist
long before they could possibly arrive at the Place, from whence
the Enemy were to be repelled.
We really are at a Loss to conceive what could induce your Ex-
cellency to be of Opinion, that you had a Power, under that Law,
to march the Militia beforementioned, unless you supposed you had
an Authority under it, to march the Militia of this Province when-
ever and wheresoever you pleased, and that in order to prevent, as
|
|
