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To the Eighth we cannot agree, for the following, among many
other Reasons; it will impower the Commander in Chief, or other
Person properly authorized, to Order away from the Frontier all
the Five Hundred Men, except so many as the Governor or Com-
mander in Chief of this Province, for the Time being, shall think
expedient, for the Protection and Security of Fort Frederick; in
which Case the Frontier Inhabitants would be deprived of that Pro-
tection by Ranging, which the Bill now provides for; and thereby
the Country put to an additional and extraordinary Expence, and
our Militia harassed in that Service, for which the Men proposed
to be Raised by this Bill are designed.
To the Ninth we cannot agree, as we think it our indispensible
Duty, by every reasonable Method, to secure the Public Money from
Embezzlement, especially at this Juncture, when the greatest (Econ-
omy is necessary.
To the Tenth we agree.
To the Eleventh we cannot agree, as we judge the obliging the
Officer to return his Muster-Rolls on Oath, will be a stronger
Security to the Public against any Fraud, than one signed by himself
and one other Commission Officer, as we are not convinced that one
Officer may not connive at the false Return of another.
To the Twelfth and Thirteenth we agree.
'Tis well known, that Soldiers absent on Furlow, do not receive
Pay nor Provisions, and therefore 'tis undoubtedly necessary they
should be returned in the Muster-Roll; and those absent on Duty,
not receiving Provisions from the Garrison, it would seem as ex-
pedient should be returned also: And we cannot think the Penalty
of being cashiered, so great a Security against the false Returns of
an Officer, as a pecuniary Penalty, recoverable in a Court of Law;
because the Judges in a Court of Law must be supposed to be more
impartial than Judges in a Court-Martial, many of whom may prob-
ably have strong Attachment to the Party charged; for these Reasons
we cannot agree to your Fourteenth Amendment.
To the Fifteenth, Sixteenth, and Seventeenth, we agree.
And we agree to the Forfeiture you propose by the Eighteenth
Amendment: But as we cannot think it reasonable to subject the
Body of the Person to Imprisonment, when he has Effects to dis-
charge the Penalty, we cannot agree to establish a discretionary
Power of either Fining or Imprisoning.
As we see no Reason for departing from the usual Method of
providing for Persons, who shall adventure their Lives in the Defence
of this Province and his Majesty's Service, and shall be maimed,
or rendered incapable to get a Livelihood for themselves or Families,
we shall adhere to it; and therefore cannot agree to your Nineteenth
Amendment.
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L. H. J.
Liber No. 48
April 27
p. 404
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