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A»N

EXHIBITION OF FACTS*

SUPPORTED BY

DOCUMENTS,

FOR THE

INFORMATION OF THE MILITIA OFFICERS

OT THE

STATE OF MASSACHUSETTS.

w

B,

District of Massachusetts, to wit:

>E it remembered, that on the tenth day of March, in the
thirtieth year of the Independence of the United States of Amer-
ca, Jofeph Loring jun. of the faid diftrift hath depofited in this
office the title of a book, the right whereof he claims as proprie
tor in the words following, to wit : " An Exhibition of* Facts,
fupported by Documents, for the Information of the Militia Of
ficers of the State of Maffachufetts," — In conformity to the Acl ,
of the Congrefs! of the United States, entitled, •« An Act for the
encouragement of. learning, by fecuring the copies of Maps,
Charts, and Bodks, to the authors and proprietors of fuch copies,
during the times therein mentioned ;"• and alfo to an Act entit
led, " An Aift fupplementary to an Act, entitled, An Act. for
the encouragement of learning, by fecuring the copies of Maps,
Charts, and Books, to the authors and proprietors of fuch copies,
during the times therein mentioned ; and extending the benefits,
thereof to thg, arts of defigniflgj, engraving, and etching hiftori-
cal, and other prints." ,T „ T Clerk of the Diftrict
Nat«a* Goodie, j rf Maffachufetts,
A true copy of record.
^.tteft, N. G-oodale.

EXHIBITION OF FACTS,

SUPPORTED BY

DOCUMENTS,

FOR THE

INFORMATION

MILITIA OFFICERS

OF THE

STATE OF MASSACHUSETTS.

" IN every human fociety there is an effort continually tending to
" confer on one part the height of power and happinefs, and to reduce
" the other to the extreme of weaknefs and mifely." jBeccaria.

BOSTON:
PRINTED BY DAriD CARLISLE, No. 5, COURT STREET..
March 5, 1806.

TO THE PUBLIC.
,. IT is a principle in our Republican Government,
that a well regulated Militia is the beft Defence of
the State, and the fafeft Bulwark of our Liberties
and Independence. A juft and honourable Character
to a Soldier or Citizen is his Life, and when attacked
it is his duty equally to fupport the one as to defend
the other,
I have been arretted at the inftance of Brigadier
General John Window of the firft Divifion, and I
have readily fubmitted to be tried by a regular Court
Martial of Brother Officers — whofe decifion is ftill
kept back, and I am at this day under an arreft
which took place the 8th of October, 1805*
" I have written refpectfully to the Major General
of the firft Divifion, -
" I have petitioned his Excellency the Command
er in Chief,
" I have prefented a memorial to the Honoura
ble Legiflature," /
and I find myfelf in the very Angular fituation of
being out of the protecJion of Laws, or there appears
to be no Power to which I can appeal to be re-in-
ftated in thofe rights, which as a Citizen I am con-
fcious of having never forfeited — the above circum-

ftances impel me to make an appeal to the world,
and that by a fimple ftatement of Fa&s from the fol
lowing Documents — the authenticity of which- is
amply demonftrated in the high refpe&ability of the
fignatures. — I have avoided making notes or com
ments, to obviate all perfonal replication or recrimi
nation, except where abfolutely neceffary to point
out anomiflion,or to correct an error. — The neceffity
of having notes to fome of the papers, arifes from
the impoffibility of obtaining a copy of the proceed
ings on trial, and to explain fome circurtrftances not
otherwife clear to the reader who may live remote
from the Metropolis. — In a cafe which involves the
honour of an Officer, the character of a Citizen, and
his deareft interefts, it were natural that his fenfi-
bilities mould be excited to the higheft degree, but
I fhall leave it to the candour of an impartial public,
to appreciate thofe feelings which I refrain from ex-
preffing.
JOSEPH LORING, Jun.
Bojion, March 5, 1806.

CONTENTS.

Page
Division Orders — By Maj. Gen. Elliot, to form a Sub
Legion of Infantry to be raifed at large 5
Rules and Regulations — Of Wafhington Infantry, en
rolled conformably to a divifion order 6
Division Orders — By, Maj. Gen. Elliot, for review and
infpection on the 30th Oct.. 1804 10
Brigade Orders — By B. Gen. Winflow, for arranging and
manoeuvreing the troops the 30th Oct. 1804 12
Division Orders — By Maj. Gen. Elliot, offering his thanks
to the Brigade for their uniform good conduct, &c. 30th
Od. 1804 15
Brigade Orders — By B. Gen. Winflow, to the fame pur-
pofe . 16
Petition — By thp members of the W. Infantry, to his Ex
cellency the Governor and Council, to be permitted to
Itile themfelves the Wafhington Infantry, &c. '17
Letter — From Major Gem Elliot to his Excellency, in
forming, that the Adjt. General refufed Brig. Gen. Winf
low a new commiffion for Capt. Dan. MeflsSnger, &c. 19
Communication — From Adjt. General to his Eccellency,
refpefting the tommiffion of Capt. MefTenger, his doubts
&c. &c. 20
Opinion — Of Council, as to transferring an officer from one
corps to another 23
Communication — From the Adjt. General, to his Excel
lency againft the opinion of the Council, as to transfer
ring an officer 23
Order of Council — For ifluing new commiffions to
Capts. MefTenger, Davis and Loring, Jun. authorifing the
two former officers to rank by the interlineations of faid
commiffions 26
General Order — To the fame purpofe 28

CONTENTS.' Page.
Remonstrance — Of Capt. J. Loring, Jun, to his Excellen-
' cy, againft the General Order of June 20th, 1805 30
Protest — Of Capt. Loring to Gen. Winflow, againft the
General Orders of June £0, 1805, for attaching him to
the Light Infantry, for the lofs of his rank, and for an
nulling his old commiffion by ordering him to receive a
new one 33
Brigade Orders — By B. Gen. Winflow, dated Sept. 9,
1805, for review and infpection on the 30th Sept, 1805. 35
Brigade Orders — By B. Gen. Winflow, dated Sept. 16,
1 805, difpenfing with ball cartridges and ordering fport-
' ing cartridges — befides what the law grants 36
Letter— From Capt. Loring to Capt. Brazer requefting
information about fporting cartridges and efpontaons, &c. 36
Protest— Of Capt. Loring delivered by his firft fergeant
to Capt. Brazer after he Was difmiffed from the line, the
30th Sept. 1805 37
Arrest — Of Capt. Loring, by Brig. Gen. Winflow, and
charges made by him 39
Letter — From Capt. J. Loring, Jun. to MajT Gen. Elliot,
i informing that he was not notified, of the time and place
'of trial; and retailing a trial agreeably to law 40
Division Orders — By Maj. Gen. Elliot, ordering Capt.
Loring's trial by a Court Martial then appointed 42
Letter — From Capt. Charles Davis (judge advocate)
by order of the court martial, to Capt. Loring, inform
ing the time and place of trial 43
Objections — By Capt. J. Loring, Jun. againft Capt.
Charles Davis (Judge Advocate^) 43
Letter — From Capt. Charles Davis (in behalf of tlie
Court) that Capt. L's objections were not proper for
them to aft upon, and referring him to the Maj. Gen. 44
Letter — From Capt. J. Loring, Jun. to the Court Mar
tial, waving the priviledge of applying to the Major Gen
eral, and fubmitting "to be tried 45
Defence — By Capt. J, Loring, Jun. before the Court Mar
tini 46
Special Plea — >By Capt, Loring when arraigned before
the Court Martial 57

CONTENTS. Page.
Litter — From Capt. Loring to Maj. Gen. Elliot inform
ing of his arreft, an<$ requefting to know the refultofhis
' trlal 57
Division Orders — By Maj. Gen. Elliot approving the
judgment and fentences of the Court and ordering it to
convene again " 60
Letter — From Capt. J. Loring, Jun. to his Excellency the
Governor, informing of his long arreft, and requefting a
difcharge 62
Letter — To the Governor and Commander in Chief, &c. 62
Order of Council — And divifion order 66
Memorial — Of Capt. J. Loring, Jum to the honourable
Legiflature 67
Memorial — Of the officers and men to the fame 73
Appendix 79

In note, page 19, inftead of « refufed commiffions in it,'' it fhould be
Captain Loring declined at a caucus of the Ancient and Honorable Com
pany being a candidate for lieutenant and Major Clements was chofen 
and lieut. Davis declined accepting the office to which he was chofen  for
the reafons mentioned.

AN

EXHIBITION OF FACTS,
&c. fcrV. &c.

DOCUMENTS
Concerning the forming and eftablifhing a Company of In
fantry in the Legionary Brigade, lft Divifion, at Bof-
ton.— Copies of Papers relative to Rank, and proceed
ings which led to an arreft of Capt. Joseph Loring,
Jun. with his Defence before the Court Martial on
Trial, for alledged difobedience of orders, &c. &c.
DIVISION ORDERS.
Bofton, July 7th, 1803.
AT the requeft of Brjgadier General Winflow, he
has permiffion to raife at large from the ftanding com
panies of Infantry in his Brigade, one Sub Legion, to
confift of four companies, to be organized when there
fhall appear to be forty men enlifted in each company.
Brigadier General Winflow will order out his Le
gion at the approaching Autumn for review and in-
fpe&ion at fuch time, together, or in fuch portions as "
he may conceive moft likely to advance its intereft.
(Signed) SIMON ELLIOT, Major General,
lft Divifion.

[ 6 ]
BRIGADE ORDERS.
Bofton, July 25th, 1803.
Agreeable to the above order of the 7th inft. Lieut.
CbL Gardner will proceed to form a Sub Legion of
Infantry^ giving direftions that no men be enrolled in
faid Sub Legion who are refidents in Wards No. 8
and 9. As foon as the four companies are completed,
he will make returns of the fame ; after orders will be
given for the review and infpeftion.
By order of the Brigadier General.
(Signed) GO. BLANCHARD, B. M.
REGIMENT ORDERS.
Bofton, July 27th, 1803.
Mr. Job Drew and thirty nine other perfons hav-'
ing affociated in order to form one company in the Sub
Legion ordered by the preceding Brigade '.order, and
having fignified to me their wifhes to have authority to
choofe their officers — I do hereby receive the faid af-
fociates as one of the companies in faid Sub Legion-
nothing doubting but their difinterefted and Patriotic
exertions will be duly eftimated by their country.
The faid Mr. Job Drew is therefore hereby author-
ifed to call a meeting of faid affociates, and to proceed
to the choice 6f a Captain, Lieutenant and Enfign, and
make return to me on or before the third day of Au-
gufl coming.
At prefent, the company muft not exceed fifty rank
and file, and no perfon muft be admitted from the Mil
itia company of Wards No. 8 and 9.
By Order of Lieut. Col. Gardner.
GEO. BASS, Adjt.
Adjutant General's Office, 27 Auguft, 1804. ' '
THIS may certify that the foregoing is a true copy

I 1 3*
on file in my Office among the proceedings of a General
Court Martial, ordered by the Commander in Chief*
Atteft. WM. DONNISON, Adj. Gen.
Note. — The officers of the Wafhington Infantry
were elected, and the returns were made, and the of
ficers were commiflioned Auguft 15th, 1803 — but no
return was made to the Adjutant General's office of
their 'being a Volunteer company raifed at large.

RULES and REGULATIONS of- the WASHING
TON INFANTRT.
PREAMBLE.
WE the Subfcribers, wifhing to embody ourfelves for the
purpofe, of being ufeful to the country in which we live and for
the fuppor't of its Government, do agree to affociate as an In
fantry Company, under the name-of the Washington Infant
ry, being a name difttnguifhed above all in the United States
of America, and one we ever wifti to honour ; and are deter
mined to omit no exertions, -in acquiring that exact difcipHne
and complete knowledge of the Military Art, which fhall place
the company in one of the firft fituations for regularity, up-
rightnefs and*honour. Thofe fentiments we fhall ever cherifn,
more efpecially as the illuftrious perfonage (whofe name we
bear) ever delighted to refpect £ll men who made them the
rule of their conduct. We therefore to Support thofe princi
ples agree with each other to be governed by -the following
Regulations :
MEMBERS, HOW QUALIFIED.
Article I. — Every perfon fhall be as to his age agreeably
to the Militia Law, and no perfon propofed fhall be objected to
on account of his Religious or Political Principles, but every
citizen of good and moral character fhal'l be a fair candidate
for a member of the company.
MEMBERS, HOW ADMITTED.
Article II. — Anyperfon defirous of becoming a member
«if the company, may apply to the Clerk for -that purpofe,
whofe duty it fhall ba to report the fame to the company at

L 8 i
the next meeting after fuch application, and minute the propo-
fal in the Orderly Book ; and fuch perfon fhall ftand a candi
date till the enfuing meeting, when he fhall be balloted for, and
if five fixths of the votes of. the members prefent are in his fa-
" vor, he fhall be confidered a member.
ENTRANCE MONEY AND EQUIPMENT.
Article III. — Every member, immediately on his admif-
fion into the company fhall pay two dollars as entrance money
into the hands of the Treafurer, for the ufe of the company ;-
and fhall alfo provide himfelf with a good mufket, a complete
fet of accoutrements and a uniform of the company, under
the direction of the Enfign.
OFFICERS, HOW CHOSEN.
Article IV. — All officers fhall be chofen by written ballot,
and every member of this company does agree to fupport their
officers in the discharge of their duty on all. occafions, and to
difcountenance all improper conduct that any one may difcover
towards them.
REGULATIONS OF MEETINGS.
Article V.— The fenior officer prefent, at any meeting of
the company fhall be moderator, and proper obedience fhall be
paid to his commands in debates as well as Military Manoeuv
res, and no member fhall interrupt another when fpeaking.
FINES OF DELINQUENCY.
, Article VI. — Every member warned by Order of the
commanding officer fhall appear at the place and time appoint
ed, and in cafe of abfence at firft roll call, fhall pay a fine of
twelve cents and a half, and if at both, twenty-five — if he is
abfent on parade days eftablifhed by the company or by the
ftate Law, he fhall be fubject to a fine of one dollar and fixty-
feven cents,and if at the annual Review, and Inflection of Arms,
five, dollars, and if delinquent in his accoutrements, he fhall be
liable to fines agreeably to the Militia Law.
APPROPRIATION AND PENALTY FOR NON-PAY
MENT.
Article VII. — All fines arifing in the company, fhall be
appropriated for the ufe thereof ; members abfenting them
felves for fix fucceffive/meetings of the company, incurring fines
and refufing to pay the fame, with all affeflments, within ten
days after being called upon by the Officer duly authorifed to
collect the fame, unlefs he fhall offer fufficiem. reafon for fuch
delinquency, he fhall be reported to the cempany by the clerk,

[ 9 ]
and the commanding officer fhall at therequeft of a majority of
the company afk for a difmiffion of fuch member and profecute '
him for his arrears according to law.
FIRST SERGEANT'S DUTY.
Article VIII. — It fhall be the /duty of the Orderly Ser
geant to form the company when collected for any purpofe
whatever, at the order of the commanding officer, and attend
all drillings, and notify all meetings, commanding the aid of
the other fergeants, if he fiiall deem it necefTary.
CLERK'S DUTY.
Article IX. — The duty of the Clerk fhall be to keep an
exaft fize and mufter roll of the company containing the names
of all the men thereto belonging, with their equipment, &c. to
keep a record of all the votes and doings of the company in an
Orderly Book, which (hall be their property and always open
to their infpection, collect and pay all fines into the hands of
the Treafurer, report all members abfenting themfelves, and
delinquent of fines and aflpffments, he fhall alfo infert in the
Orderly Book, all Detachments and Orders, and at the order
of the commanding officer, make out all Notifications, and de
liver to the Orderly Sergeant ; he fhall likewife on any mem
ber leaving the company notify the Clerk of the ward in which
fuch perfon may refide and fhall immediately on any member
being admitted notify him thereof, and deliver to him a printed
copy of thefe rules, with a certificate of memberfhip, from un
der the hands of the Captain.
TREASURER'S DUTY.
Article X. — It fhall be the duty of the Treafurer to receive
all fines, collected by the Clerk ; collect all afTeflments, pay all
bills, report fuch affeffments as may be required and procure
fuch mufic as -may be judged necefTary by the company, and
keep a regular account book liable to the infpection, at all times
of the members.
DISMISSION OF MEMBERS WHEN REQUIRED.
Article XL — Whereas it is required by the third fection of
the Militia Law, paffed March 4th, 1800, that .every perfon
who fhall enMft into any volunteer corps,- fhall be holden to do
duty therein for the fpace of feven years, unlefs fuch perfon be
fooner difcharged by order of the Brigadier General or com
manding officer of the Brigade to which fuch volunteer corps
belong— therefore, any member wifhing to withdraw himfelf
from the company fhall make known his intentions in writing
with thecaufe therefor, to the commanding officer of thercom-

[ io ]
fuch is reafonable) requeft the Brigadier General or command
ing officer of the Brigade, as before mentioned, to give an
honourable difmiffion to fuch member.
COMMITTEE'S DUTY.
Article XII. — There fhall be a ftanding committee ap
pointed to fettle all difputes between different members, as alio
the validity of all fines (except parade or review fines.) c
Article XIII. — Every thing necefTary for the regulation of
this company, not noticed in thofe laws, fhall be governed a-
gree'ably to the Militia Laws of this ftate.
[Signed by the officers and privates.]]

DIVISION ORDERS.

Bofton, Oclober 3, 1804.
BRIGADIER General Winflow will give orders
for a Review and Infpe&ion of the Brigade under
his command, on Tuefday the 30th Inft.
Pr. order Major General, lft Divifion.
(Signed J JOHN T. SARGENT, A. D. C.
BRIGADE ORDERS.
Bofton, Oilober 8, 1804.
IN obedience to Divifion orders of the 3d Inft.
Lieut. Col. Badger will order the fub legions of Infant
ry under his command, to parade on Bofton common
for Review and infpedfcion, on Tuefday 30th O&ober.
The line muft be formed precifely at 10 o'clock A. M.
at which time the Infpeftion will commence, and be
attended to with th^ ftri&eft fcrutiny. It is therefore
expected, that both officers and foldiers will be equip
ped in every refpe£t according to law* The officers,
compofing the fub legions of Infantry, are requefted to
meet the Brigadier Gen. at Wyman's in State ftreet, on
Monday evening the 15th inft. precifely at 7 o'clock,

C n 3
without uniform. The duties of the 30th Oft. will
be communicated in after orders.
By order of the Brigadier General.
GO. BLANCHARD, Brigade Infpedor.

INFANTRY ORDERS.
- Bofton, Oclober 8, 1804.
IN obedience to Divifion orders of the 3d Inu\ and
Brigade orders of the 8th Inft. above copied, the
Majors commanding fub legions, will order the feveral
companies compofing the fame, to parade for Review
and Infpettion on Tuefday, the 30th Oftober. The
line wilr be formed precifely at 10 o'clock, A. M.
The commanding officers of fub legions, will enjoin it
on the captains and commanding officers of companies,
to order their men to appear with every article the law
requires (except powder and ball,) clean and in good
order, as the Infpe&ion will be attended with the ftrict-
eft fcrutiny. It is recommended that the men wear
blue coats and white under clothes ; they will alfo no
tice the requeft of the Brigadier General, that the of
ficers meet him at Wyman's in State ftreet, on Monday
evening 15th Inft. on fpecial bufinefs. As no per
manent aflignment of the fub legions can be made at
this time, Major Ofgood will take command of the
following companies, viz. the Chelfea company, the
companies of Wards Nos. 1 and 2, of 3 and 4, and
No. 6, which forms one fub legion. Major Stearns
will take command of the companies of Wards No. 7,
No. 5, and Nos. 8 and 9, which will form another fub
legion. The. companies of Ward No. 10, No. 1 1 and
No., 12, will form the third fub legion, and will be un
der the command of Capt. Clements, as fenior Captain.
The duties of. the 30th Oct will be communica
ted in after orders. Capt. Loring's company of the
fourth fub legion, will alfo parade on the fame day, at

[ 12 ]
the fame time and place, for review and infpeftion, as
fet forth in the Brigade order as above.
By order of Lieut. Col. Thomas Badger.
GEO. BASS, Adj.
N. B. The officers will meet at Vila's, in Court ftreet
(inftead of Wyman's) on Monday evening at 7 o'clock.
BRIGADE ORDERS,
For Tuefday, Oclober 30th, 1804.
IN purfuance to divifion orders of the 3d and brig-
gade orders of the 8th Oct inft. Lieutenant Colonel
Badger will order one gun to be fired from the artil
lery at 10 o'clock A. M. at which figrtal the line will
be formed in the following manner, viz. captain Pur-
kett's troop of cavalry on the right ; the fub legions
of light infantry under the command of captain Bra-
zer (to which command captain Loring's company of
infantry will be detached for the day) on the left of
the cavalry ; Major Bray's fub legion of artillery, on
the left of the light troops ; the three fub legions of
infantry will form on the left of the artillery, the fev
eral commanding officers will take care to preferve a
proper diftahcefrom each other's command. On the
firing of one gun from the artillery the whole brigade
will wheel to the right by companies for " infpeftion,
each captain or commanding officer of a company will
have his roll completed, ready to deliver the infpedling
officer, that no delay may take place ; after infpe&ion
the line muft be immediately formed again ; each fub
legion of infantry will then be counted off into eight
platoons, and each company of light infantry into two
platoons. The officers being ported, the ranks will
be opened and ready to pay a {landing falute to the
reviewing officer. The artillery will fire a falute of
feventeen guns When the reviewing officer appears in
fight of the field. After 'the ftanding falutes are paid,
by a fignal of two guns from the artillery, the whole
line will wheel to the right by platoons, march off in
common time, and pay the marching falutes ; each

[ 13 ]
platoon officer will have his foldiers with fupported
arms, until he arrives within eight yards of the review
ing officer, give the word carry arms, and not fail to
falute himfelf. The line will be again formed, and af
ter a fhort reft the exercife will begin on the right at
the word attention — the firings will commence by
platoons from right to left once, from left to right
once. — The troops will then be ordered to form folid
columns on the right platoons of each fub legion ; when
ordered to difplay columns, they will fire by platoons
coming up, beginning on the right. They will then be
ordered to form folid columns on the left platoons of
each fub legion ; when ordered to difplay columns,
they will' fire by platoons coming up, beginning on the
left ; the platoon officers will be careful to keep their
proper diftance. Let the firings be regular, and not in
too much hafte. Fire by companies from right to left
once, fire by companies from left to right once, fire by
fub legions from right to left once, fire by fub legions
from left to right once. This being all the firings' re
quired, after refting a few minutes, the brigade will
vwheel to *the right by platoons and march off the
ground in quick time. Lieutenant Colonel Badger
will feafonably order a fufficient number of men to adl
as guards, that fpeclators may be prevented - from
crowding within the camp colours. Knapfacks, can
teens, and mufket balls will be difpenfed with, the In
flection laft May having been carefitlly attended to.
Lieutenant Colonel, Badger will direct that a fuitable.
perfon be detached from each fub legion' of infantry
to do the duty of fergeant major ; and alfo another to
do the duty of quarter mafter fergeant. He will be
particularly, attentive that no more powder be drawn
from the town, than will fupply the troops on duty that
day, and direct that each Captain or commanding of
ficer of a company give a receipt for the quantity re
ceived to the officers commanding fub legions.
By order of the Brigadier Genml.
GEORGE BLANCHARD, B. Infpeclor.
Bofton^ Off. 20, 1804.

[ 14 ]
INFANTRY ORDERS.
Bofton, Ocl. 22, 1804.
THE Majors and commanding officers of fub legions
will notice every part of the brigade orders of the 20th '
inft. above copied. In particular they will direct, the
commanding officers of companies to have their in-
fpeftion rolls complete to deliver the Brigade Inspec
tor immediately on his approach for the infpeftion.
They will alfo detach thirty three men from each fub
legion to act. as guards and place them under the care
of a Sergeant to be detached from Major Ofgood's
fub legion. They will alfo detach a fuitable perfon-
to aft as fergeant major, and another to aft as quarter
mafter fergeant, for each fub legion for the day.
They will notice to the commanding officers of com
panies the claufe in the brigade order, refpefting the
powder, and take a receipt for the quantity received for
each company.
By order of Lieutenant Colonel Thomas Badger.
GEO. BASStJdjt.
INFANTRY ORDERS.
Bofton, Ocl. 24, 1804.
THE claufe in order of 22d inft. refpefting the de
tachment to aft as guards, is fe^ afifle, and in lieu
thereof, each commanding officer of fub legions will
detach thirty three men, and place them under the
command of a fergeant, and fend them on the com
mon to aft as gudbds on the 30th Oft._
By order of Lieutenant Colonel Thomas Badger.
GEO. BASS, Adj.
Note — The above orders will fhew, that Captain Loring's
company, was an infantry company, and that they were attach
ed to the fub legion of light infantry for the day, fay Oct. SO,
1804, which he agreed to in their behalf, on being promifed his
rank by Captain Brazer, who had confulted with Brig. Gen.
Winflow, as he faid, and who affented to this right before the
parade took place, and there was no difpute or objection that
Captain Loring knew of, on the parade, to the right he claimed
by the date of his commiffion, and Captain Davis then march
ed under his commiffion dated June, 1804.,

[ 15 i
DIVISION ORDERS.
Bofton, Oft. 30th, 1804.
THE caufes of war originate from paffions which
are fo common to humanity, and feem fo firmly fixed
in our natures, that without a complete change of
charafter we can never hope entirely to avoid it. In
all ages and in all countries, therefore, it has been
found necefTary to cultivate it as a fcience of the firft
importance, to defend the rights and liberties of man,
againft the encroachments of ambition and the unjuft
claims of power. Although war may be confidered as
one of the greateft evils that can befal a people ; yet
let us never forget that weaknefs provokes infult, and
to prevent aggreffion, we muft be ready to refent it.
In a nation founded like ours on a republican bafis,
the laws of which reftrain and control the property of
no individual farther than is necefTary for the good of
the whole, and whofe citizens are hardened by honeft
induftry, and animated with a fenfe of equal rights,
a ftanding army, unlefs created by fome fudden and
unjuft neceffity, is particularly obnoxious, and totally
unneceffary ; fenfible of this, the wife founders of our
conftitution placed their dependence, for the fecurity
and proteftion of our country, in the patriotifm, vir
tue, and value of its brave yeomanry. How import
ant then to every citizen, is a ftrift attention to the du
ties of a foldier. They certainly demand the fupport,
and fhould receive the encouragement of every one
who has the fmalleft pretenfions to a love of his coun
try. It requires but a flight knowledge of military
principles to know that order and difcipline are moft
effential requifits to a well' eftablifhed militia; proper
fubordination, with a fuitable degree of deference and
delicacy towards fupenor officers, is the foul and
ftrength of every military eftablifhment. It is, there.
fore, a moft defirable objeft that the citizen foldiers,
when they afTemble to exercife the conftitutional right
of choofing officers, fhould be fcrupuloiifly careful to
feleft fuch only as will be moft likely to enfure the

C 16 ]
refpeft, and advance the honour of the Militia. The
Major General feels it peculiarly his duty before he re
tires from office, to offer his warmeft and moft unfeign
ed thanks to the officers and privates with whom he
has been fo long affociated, for their uniform good con-
duft, and obfervance of orders — and he has the fatis-
faftion to affure them, that this days' experience will
enable him in his report of the divifion to add another
teftimony fo honourable to their merit as cannot fail
to afford the higheft fatisfaftion to his excellency the
Commander in Chief,
By order Major General lft divifion.
(Signed) JOHN T. SARGENT, A. D. C.
BRIGADE ORDERS.
Bofton, January 5, 1 805.
IN communicating- the Divifion order of the 30th of
Oftober, the Brigadier General takes this opportuni
ty of returning his fincere thanks to the officers and
Toldiers for their ftrift attention to orders and difcipline
on the review of infpeftion on that day, and muft in
juftice to his own feelings obferve, that in his opinion,
the troops compofing the legionary brigade, fince he
has had the honour to command them, never made a
more brilliant appearance, or were ever more correft
in the whole duty of the day. The Brigadier very
fenfibly feels the obfervations of the Major General,
throughout the whole order, and doubts not that they
fully accord with the feelings of every officer and
^fbldier. By order of the Brigadier General.
GO. BLANCHARD, B. M.

INFANTRY ORDERS.
Bofton, January 14, 1805.
THE Lieut. Col. efteems it an honour in being the
organ through which Divifion order of 30th of

C 17 ]
Oftober, 1804, and Brigade order of 5th Janua
ry above copied, are communicated to the officers
of fub legions of Infantry, under his command, which
contain fentiments fo congenial with his own, relative to
a well qrganized Militia being, the only fure fupport of
the people againft the hidden affaults of foreign nations
or domeftic infurreftion, under a government like
ours, eftablijhed on Republican principles, where citi
zens are .foldiers. In concurrence with the Major and
Brigadier Generals, he tenders them his hearty thanks
for their prompt attention to orders, as was verified
on the 30th Oftober, and recommends to them "not
to be weary in well doing. # %
By order of Lieut. Col. Thomas Badger.
GEO. BASS; Adji.
Note. — The above orders prove that every officer perform
ed his duty, of courfe if Capt. Loring-followed the orders of-
that day, and according to tlie arrangements, was detached and
attached, in all which manoeuvres he held a rank aboveC;ipt. Da
vis, who marched under a commiffion dated June 7th, 180-i, and
in the orders of January 5th, 1805, no mention was made of a de
gradation of Capt. Davis ; it appears, therefore, that an order of
council iffired fubfequent to the above dates, was an ix'pofl facto
arrangement apparently to fuperfede Capt. Loring. Indeed it is .
almoft impoQlble to find any other motives, or to difcover any
other principles on which faid order could have been predicated.
To His Excellency Caleb Strong, Governor and Com*
mander in Chief of the Commonwealth of Maffachu-
fetts, and to his honourable Council.
WE the underfigned officers and foldiers of the
Wafhington Infantry Company, fo called, forming
part of the fourth Sub Legion raifed at large in the
town of Bofton by voluntary enliftment agreeable to ;i
divifion order iffued the 7th July, 1 803, to the Le
gionary Brigade, do humbly reprefent, that by exam
ining .the records of the Adjutant General's office, we
find no official knowledge whatever of fuch a compa
ny being raifed by voluntary enliftment ;' and by en
quiring of the Adjutant General find that he is no*

[ 18 1
knowing that fuch a corps exifts, and in his opinion
no one can without the order of the Commander in
Chief- — and as we have been at great expenfe and
trouble in completely uniforming and difciplining our-
felves as foldiers, in the expectation that we were to
be confidered a volunteer corps raifed at large agree
able to the meaning of the militia law, which allows
fuch companies to enlift their men from any part of
the brigade, and alfo to have the fame privileges of all
companies raifed in the fame manner, without incur
ring the drfpleafure of the law, and wifhing at all times
to do our duty as officers and foldiers agreeable to the
principles on which we were formed, refpeftfully pe
tition that your Excellency and Honours will confid-
er our fituation, and cannot but hope you will approve
and fanftion what we have done in enrolling ourfelves
in the militia as a volunteer corps raifed at large a-
greeable to the divifion order of July 7th, 1 803, now
depofited in the Adjutant General's office, and grant
us as officers'and foldiers commiffioned the 15th of
Auguft, 1 803, the rights and privileges of a volunteer
company raifed at large, with permiffion to ftile our
felves the Wafhington Infantry, and in duty bound
fhall make it our principle ever to behave as good cit
izens and foldiers.
Jofeph Loring, jun. captain; Ezra Davis, lieutenant ;
William Munroe, enfign. Jofiah Snelling, jun; lft
fergeant ; Ifaac Rhoades, 2d ferg. Andrew Green,
3d ferg. Luther Lapham, 4th ferg. John Ridgway,
lft corporal ; Jofiah Siders, 2d corp. Levi Beal, 3d
corp. John Rayner, 4th corp. Jofiah Bacon, jun.
Samuel S. Green, Thomas Corbett, Peter Stephenfon,
Jofhua Petman, jun. Abel Baker, Martin Beal, John
Park, Jeremiah Sprague, Daniel Hitchings, Jofeph
Grice, Wm. N. Tyler, Phineas Dow, Wm. C. Park,
Ifaac Waters, Elijah Bicknell, Obed Pratt, Robert
Millage, David Curtifs, Jofeph Walch, Stephen* Gay,
Charles Sprague, John Underwood, Chriftopher Lin
coln, Bryant Newcomb, William Kendall, James

C 19 1
JR.oufe, Walter Whiting, Lewis Wilder, Seth Dagget,
Luke Simonds, Jofiah Ciifhing, David Jones, Jofeph
Sumner, William Munroe.
A true copy. Atteft.
JOHN AVERY, Secretary.
•Note. — This petition was prefented to the Governor and
Council, and referred for further confideration. It was prefent
ed becaufe Brig. Gen. Winflow gave his opinion to fome of the
members of the Ancient and Honourable Artillery Company,
. that the officers of the Wafhington Infantry ought not to have
the fame attention at their anniverfary, as the other unifoira
corps, becaufe they belonged to the regiment, fo called ; which
ft appeared was agreed to, by that company's neglecting the
Wafhington Infantry's eniign, Mr. Wm. Munroe, (the other
officers then being members of the Ane. and Hon. and who
have fince quitted it and refufed commiffions in it, on the fame
account,) although the Wafhington Infantry was a volunteer
corps, completely uniformed and equipped ; and although they
had always complimented the Fufileer officers ever fince their
- firft eftablifhment.

To His Excellency Caleb Strong, Efq. Governor and
Commander in Chief— Commonwealth .ojjMajfachufetts.
RESPECTFULLY I beg leaveloT!ate to your Ex
cellency, that in general orders hearing date Auguft
2, 1798, organizing the militia of Bofton and Chelfea
into a legionary brigade, there is the following claufe,
** That the companies of Cadets and Fufileers in Bof
ton, with one or two companies to be raifed at large
in Bofton under the direftion and at the difcretion of
Major General Elliot, form a fub legion of light troops
to be commanded by the fenior officer prefent belong
ing to faid corps."
On the 18th day of April 1801, Brigadier , General
Winflow made application to have a company com
manded by Capt. Daniel MefTenger detached from the
infantry and to-be attached to the light troops for rea-
fons expreffed in his letter, a copy of which is here
with enclofed. Conceiving myfelf fully and fufficienf-
ly authorized by the difcretionary power above quoted*

[ 20
1 had no hefitation in complying with.hib requeft and
iffued an order to that purpofe on the 30th of
April 1801, a copy of which is in the enclofed paper.
No difficulty appeared to arife from this meafure un
til very lately ; General Winflow informs me that he
has met with fome difappointment at the Adjutant
General's office, in not being able to obtain a commif
fion for Capt. MefTenger, that fhall accord with his
prefent command ; it occafions an unpleafant *embar-
raffment, and I pray your Excellency to take the fub-
jeft into confideration and decide thereon.
A company commanded by Capt. Jofeph Loring^
jun. raifed at large, and now attached to the infantry
in the Legionary Brigade, General Winflow is very
defirous to have transferred to the fub- legion of light
infantry, which would- complete the number of com
panies requifite, and that they fhould be commanded
by a major and then the brigade would be completely
organized. Brigadier General Winflow thinks it ne
cefTary that there fhould be another adjutant to the in
fantry, and one to the light infantry.
Thefe communications are moft refpeftfully fub-
mitted by your Excellency's
Moft obedient and very humble fervant,
SIMON ELLIOT, Major General
True copy. Atteft. of the firft Divifion.
John Avery, Sec'y.

To his Excellency Caleb Strong, Efq. Governor and
. Commander in Chief of the Commonwealth of Majfit-
chufetts. Sir,
YOUR Excellency handed to me the enclofed pa
pers and defired. me to make fuch remarks thereupon
as appeared to me necefTary. — By a refolve of the
General Court, the Governor, with advice of Council,
were authorized " To form the militia of Bofton and
Chelfea into a Legionary Brigade, in fuch manner as
he fhall judge1 expedient." The Council transferred

[ 21 ]
this fame power to the Governor alone ; and the Gov
ernor iffued his order thereupon pointing out the man
ner in which it fhould be formed, and therein, in fome
refpeft, gave the Majbr General a difcretionary pow
er. Capt. MefTenger then or afterwards commanded
one of the Handing companies of foot, compofed of
Ward No. 10: Nearly all the captains in the ftand-
ing foot companies at that time had put part of their
companies in uniform, and often trained the uniform
men by themfelves. Captain MefTenger had done fo
and called his uniform men the Winflow Blues. The
fub legion of the light infantry, at the formation of the
legion, confifted of the Cadets and the Fufileers, " with
one or two other "companies to be raifed at large in
Bofton, under the direftion of Major General Elliot.
One company of light infantry was afterwards raifed
by Capt. Sargent, in purfuance of the before recited
claufe in the general order. The company of Cadets
were afterwards detached by a refolye of court from
the legion, to be a feparate corps. About this time,'
viz. 30 April, 1801, Major General Elliot iffued an
order detaching Capt. Daniel MefTenger with his uni
form men from the ftanding foot company of Ward
No. 10, to form a company of light infantry in the
fub legion of light troops.— Captain MefTenger and
lieutenant Cotton have afted under their old com
miffions ever fince. General Winflow did apply to
me a year or two ago for commiffions for thefe officers
as commanding a company of light infantry in the fub
legion of light troops, I told him if he could make a
return of their eleftion I could make them out, but he
faid there had been no new eleftion, he thought they
might be commiffioned as bearing date on the day
they were annexed to the light infantry, becaufe they
held commiffions already in the ftanding company
which they had not refigned, I had fome doubts on
this head, and mentioned the matter to your excellen
cy at the time, but nothing was done upon it. There
is a claufe in the general order which runs thus3

[ 22 ]
" That the nine companies which now form the firft
regiment, be augmented to thirteen or fixteen compa-
: nies, as the major general fhall find^toft practicable ;
and if he form them into thirteen companies it is fur
ther ordered that the faid thirteen companies form
three fub legions of foot, to fay, two of four compa
nies each, and one of five companies, the latter to in
clude Chelfea — but if they fhall be augmented to fix
teen companies then they fhall be formed into four
fub legions of four companies each." — In purfuance
of this order, the ftanding companies were augmented
to thirteen companies ~of foot, artd three fub legions —
after which general Elliot thinking himfelf authorized
to add four companies more, as I am informed, iffued
his orders to raife the four additional companies at
large without any local limits, one company only has
been raifed under this order, and that is one com
manded by captain Jofeph Loring, and the officers of
it were commiffioned in the ufual ftile of companies of
foot, and not as light infantry, nor was this company
ever annexed to the fub legion of light infantry — I un-
derftand this company is now defirous of being an
nexed to the fub legion of light infantry,* and I think
it will be much for the better that it fhould, as it is
nowin an awkward fituation — befides, that will com
pleat the fiib legion of light infantry to four compa
nies, being a proper number — but here other difficul
ties arife— not long ago, captain Sargent having refign*
ed, the light infantry company, formerly commanded
by him, chofe Charles Davis to be captain — captain
Davis, when elefted in the light infantry was one of
the captains in the ftanding companies of foot, it is
true he received a new commiffion as captain of light
infantry, but claims rank by his former captain's com
miffion, and offers as one reafon, that captain Daniel
MefTenger now aftually commands one of the compa
nies of light infantry under h)s old commiffion, which
he held when he commanded one of the ftanding com
panies, and urges that captain MefTenger never had
* This is an error in the Adjutant General, as the petition will {hew.

C 23 ]
any new commiffion at all — Captain Loring is willing
to be annexed with his company to the fub legion of
light infantry, but infifts upon holding his rank by his
prefent commiffion, and objefts againft the claims of
captain MefTenger and captain Davis. This is the fit-
uatipn of thefe corps as far as I am able to ftate them —
the mainqueftion arid difficulty is as to the authority
and rank of the 'captains — to fettle this there are but
two ways, one is by your excellency and the honoura
ble council — the other is by a board of officers.
I am fir, with the higheft refpeft, your Excellency's
moft -obedient, and very humble fervant.
WILLIAM DONNISON, Adj. General:
Bofton, 4th Dec. 1 804.
A true copy. Atteft.
John 'Avery, Sec'y.
Commonwealth of Massachusetts.
In Council, March , 14th, 1805. '
HIS Excellency laid before the Council reprefenta-
tions from the Adjutant General and Major General
Elliot, relative to the rank of certain officers of Light
Infantry companies. The Council advifed as their
opinion, that an officer, transferred from one corps to
another in the fame rank, fhould retajn the fenionty of
rank which he held prior to the transfer.
True copy. Atteft.
JOHN AVERY, Sec'y.

To his Excellency Caleb Strong Efq. .Governor and-
Commander in Chief of the Commdnivmlth of'Maffa-
ebufetts. Sir,
I HAVE received a copy of Record of Council in
which an opinion is exprefied " that an Officer tranf-
ferred from one Corps to another in the fame Rank
fhould retain the feniority of the Rank which he held
prior to the transfer." If an officer1 can carry his

[ 24 ]
Rank with him from one corps to another, why fhould
it be limited to the fame Rank which he held prior to
the transfer ? Why fhall it nor operate if the prior
Rank be different ? The notion of a transfer in the
Militia, feems to be new, vague and uncertain— there
may be good reafons for transferring officers from one
corps to another in the Army of the United States ;
the appointment of officers there by the executive, is
in each grade made en maffe, fo are the foldiers gener-r
ally enlifted — the men are parcelled out into corps at
the will of the Executive agents, and the officers are
indifcriminately affigned to the feveral corps, and are
from time to time transferred from one corps to an
other as convenience fuits ; and the foldiers are draft
ed from one corps, and fet to another as is thought
beft — but I conceive it is not fo in the militia. The ar
my has no locality, no territorial diftrifts, nor are the
officers, elefted by the foldiers — in the Militia^ every
officer and foldier has his locality — Can any General
officer lawfully authorize a Captain in Roxbury to en-
lift a foldier belonging to Bofton ?
The idea of a transfer of officers in the Militia is al
fo extremely indefinite, the extent of its operation can
hardly be difcerned — no claim of durable Rank hav
ing ever been fet up until very lately under a dead
commiffion. An inftance has lately occurred of a- Cap
tain being taken from a ftanding or local company of
foot, and transferred to a Light Infantry company
without any Eleftion, and ftill commands the Light
Infantry Company by the fame commiffion which he
held in the ftanding company ; and a new captain was
chofen to command the ftanding company without
the office of the former captain having even been
vacated in any way that the law points out — Is the
record referred to intended to eftablifh this as a gen
eral principal in the militia ?
Another inftance of transfer is recently brought in
to view — a captain of a ftanding company has been
elefted a captain of light infantry — this captain claims

I 25 ] v
to command the light infantry by his old commiffion,
it has been confidered that the office of captain of the
ftanding company was vacant, and a new captain has
been chofen there — and yet it is faid the old commif
fion is alive and confers power and rank to the formej*
captain over another company not defcribed in . faid
commiffion. Only one other inftance has happened, of the kind,
¦ that I have heard of— a captain in the town of Plym
outh removed to Bridgewater, his office was confid
ered to be vacated and was filled up — the captain did
not -think a difcharge necefTary— he lived in Bridge-
water fome years, and never dreamed about his old
commiffion, until two light infantry companies were
raifed in the third regiment, and he was elefted to com
mand one of them in Bridgewater, and another perfon
the other in Abifigton- — the Abington captain was
chofen prior to that in Bridgewater — a conteft took
place about rank, a board of officers, not having much
military experience, was appointed, and they reported
that the Bridgewater captain ought to take rank by his
jold dead Plymouth commiffion— the report being con
trary to the opinion of men well informed in the mil
itia has been fuffered to fleep, and has never been af
firmed. ...Let us fuppofe that Major. General Elliot, who re-
fides as well in Middlefex as Suffolk, fhould take upon
hhri'the command of the 3d divifion, the office of ma
jor general being vacant by the removal of Gen. Hull,
and fhould be direfted to iffue his orders to that di
vifion— fuppofe the office of major general of the firft
divifion fhould be confidered to be vacant, and a new
major general -chofen in Suffolk &c, would Major
General EUiot have a right to command the 3d divifion
without a new eleftion ? and if he fhpuld be elefted
anew to the command of the 3d divifion, would he^
not have anew commiffion defcribing the 3d divifion
as- his command ? and if fo newly commiffioned Would
he take rank by a dead commiffion in which his au-
D

r 26 ]
thority was to extend over another diftrift, other offi.
cers and men* and defcribed by different names ?
I have always been led to believe that the commif
fion of an officer in the militia was but the evidence of
his right, and authority to command a local body, and
the oath as the pledge of his fidelity, and when he ceaf-
ed to command that body, that his rank power and of
fice all ceafed together, and his commiffion became a,
dead letter- — the law has however provided merely for
the purpofe of police, that when two officers of the
fame grade are put upon duty together, and their com
miffions happen to be of the fame date, then former '
pretentions may come into view for the purpofe of de
ciding that queftion for the moment,, in order that the
public fervice may not fuffer — but for this purpofe,"
any commiffion formerly held by one fhall give him
the preference over the other, provided the other nev
er held any former commiffion at all — and for this
purpofe alfo, any commiffion held thirty years ago in
the militia, or in the army of the United States, or that
of any foreign power whatfoever, will ferve to give the
preference — but if there be but one day difference in
the date of their commiffions, all" this machinery falls
to the ground, and the oldeft will prevail.
I am with -great refpeft,
i , your Excellency's moft obedient fervant,
WILLIAM DONNISON, Adj. General.
Bofton, May 27th, 1805.
A true copy. Atteft.
John Avery, Sec'y.

Commonwealth of Massachusetts.
THE Committee of Council to whom were referred
the communications of Major General Elliot and the
Adjutant General, on the fubjeft of organizing the$
fub legion of Light Infantry of the legionary brigade'
of the town of Bofton,. refpeftfully report as their
opinion, that his Excellency fhould direft the Adjutant

C 27 '].
General to iffue the following order to Major General
Elliot, That the fub legion confift of the following
companies, viz. .the Bofton Fufilers, commanded by
Captain Brazer, — the Bofton Light Infantry, com
manded by Captain Davis, who will receive a com
miffion as Captain of light Infantry^ and take rank
from the date of his commiffion as captain in the Bof
ton Regiment, — the Winflow Blues, commanded by
Captain MefTenger, who will receive a commiffion as
captain.' of Light Infimtry, and take rank from the date
of his commiffion as captain in the Bofton Regiment,
and the Infantry Company, commanded by Captain
JLoring, who will receive a commiffion as captian of
Light Infantry, and take rank from the date of his
prefent commiffion ; and the Brigadier General of the
Bofton Legionary Brigade, will iffue his orders agreea
bly to law to the officers of the faid fub legion to af-
femble for the purpofe of elefting a Major to take the
command of faid fub legion.
In Council June 14, 1805. Read and accepted.
True copy of record. Atteft.
John- Avery Sec'y.

Note. — The order of Council was approved and iffued by
the Governor afwr Capt. Loring had, commanded Capt. Davis'
company on the field, by his commanding the left-wing of the
fub legion, after Capt. Davis had received his commiffion from
the Adjutant General's Office, conformably to the election of
the Bqflon Light Infantry, on the 7th June, 1804, and by which
commiffion he took rank cm parade the 30th October following
UNDER CAPTAIN LORING. Therefore, if the old com
miffion entitled Capt. Davis to take rank according to its date,
there could have been no reafon for his taking out a new com
miffion. The fame applies to Capt.; MefTenger ; for why fhould
The Brigadier General afk for a new commiffion agreeably to ,
Major General Elliot's communication page 1 9 unlefs under
the conviction that an officer when elected to command another
company, muft of c.ourfe have a new Commiffion and refign his
old one ?

r 28 a
Commonwealth of Massachusetts.
GENERAL ORDERS.
Head Quarters, June 10th, 1 805.
THE Commander in Chief being authorized to
compleat the organization of the Legionary Brigade
in Bofton, in the firft divifion of the militia, orders- *
that the fub legion of Light Infantry hereafter confift
of the after mentioned four light companies, raifed at
large in Bofton, viz. the company commanded by
Captain John Brazer, — the company commanded by.
Captain Charles Davis, — the company commanded by
Captain Daniel MefTenger, — and the company com
manded by Captain Jofeph Loring, Jun. The faid
Captain Davis to receive a new commiffion, as captain
of Light Infantry, and to take rank from the date of
his former commiffion as captain in the Legionary In
fantry. Captain MefTenger will alfo receive a new
commiffion, as captain of Light Infantry, and to take
rank from the date of his former commiffion' as cap
tain in the Legionary Infantry ; and Captain Loring
will alfo receive a new commiffion, as captain of Light
Infantry, and to take rank from the date of his prefent
commiffion ; and the Major General will iffue his or
ders agreeably to law for the eleftion of a Major to
command faid fub legion of Light Infantry.
By order of the Commander in Chief.
WILLIAM DONNISON, Adjutant General.
A true copy. Atteft.
William Donnison, Adj. Gen.

DIVISION ORDERS.
Bofton, July 4th, 1805.
BRIGADIER General Winflow will take due no
tice of the General Orders above copied, alfo to aug
ment the number of companies of Infantry, agreeably
to the General Orders of 1798, and caufe all vacan-

C 29 ]
cies in his Brigade to be filled up, and returns made
on or before the feventh of Auguft next, per order
Major General, firft Divifion.
(Signed) JOW T. SARGENT, A. Die.
BRIGADE ORDERS.
Bofton, July 1th, 1805.
IN purfuance of General Orders of the 20th June,
and Divifion Orders of the 4th July, the Brigadier
General orders the officers of the following compa
nies to meet him at the houfe of James Vila, Court
Street, on Monday 22d inft. at 8 o'clock P. M.
viz. Bofton Fufaliers, Winflow Blues, Bofton Eight
Infantry and Wafhington Infantry, in uniform for the
purpofe of choofing a Major to command faid fub le
gion, Per Order Brigadier General.
(Signed) CHARLES CLEMENT, Brigade Major.,
To Capt. John Bs.AZER,ftenior Capt.
Light Infantry.
SUB LEGIONARY ORDERS.
Bofton, July 10, 1805.
CAPTAIN Jofeph Loring, Jun. will obferve all the .
preceding -Orders, and govern himfelf accordingly.
JOHN BRAZER, Senior Officer
* of Light Infantry.
Note. — At a meeting of the officers of the fub legion of
. Light Infantry at Vila's, June 22d, 1805, conformably to the
foregoing Orders, Capt. J. Losing Jun. with his officers, attend
ed ; Brigadier General" Winflow . prefided, and before the offi-
• cers , proceeded on the bufinefs of election, Capt. Loring pre-
fented a proteft dated, the fame evening — fee page 33 — againft
being attached to the, fub legion contrary to the company's en
liftment:;- and becaufe he was degraded in his rank as Captain
of the Wafhington - Infantry, by the Governor having ordere.4
officers to take rank above him with commiffions, dated in June,
1805, "

[ 30 ]
At this election for a Major, Capt. Brazer called for commif
fions and they were produced as follows_:
Capt. Loring — produced a commiffion dated Auguft 15th,
1803 granted to him conformably to his election.
Capt. Maffinger — produced his old Ward commiffion dated
per Roafter, October 14th, 1799. conformably to his election
in the Ward No. 10, or ftanding company, which company have
fince elected, and were then commanded by another Captain.
Capt. Davis produced no commiffion, and was allowed to
vote contrary to all precedent on fuch occafions.

To His Excellency Caleb Strong Efq. ^Governor and
Commander in Chief of the Commonwealth of Majfa-
chufetts.
May it pleafe your Excellency,
HAVING, feen the General Orders of the 20th
June 1 805 ; wherein it is ordered, that Captain Charles
Davis receive a new commiffion as captain, of the Bof-
, ton Light Infantry, and, take rank from the date of
his former commiffion, as captain in the Legionary In
fantry ; and that Captain Loring alfo receive a new
commiffibn as captain of Light Infantry and take rank
from the date of his prefent commiffion.
I muft take the freedom moft refpeftfully to re-
monftrate againft,. an arrangement which I believe is
unprecedented in this commonwealth, contrary to the
laws of the Union and of this State ; and which de
prives me of that rank to which my commiffion enti
tles me.
In fupport of this belief ; I requeft your Excellen
cy's attention to the militia law of the Union paffed
8th of May 1792 (feftion 8th)^vhich exprefsly fays,
" all commiffioned officers fhall take rank according
to the date of their commiffions.'" And to the Mili
tia Law of this State paffed 22d of June, 1793 which
enafts that, " all officers when on duty fhall rank ac
cording to the dates of their commiffions.
In the fummer of the year 1 808, agreeable to di
vifion orders, from Major General Elliot, and with

[ 31 ]
no inconfiderable expence of time, money and perfon- ,
al exertions, I enlifted a Volunteer Company in com
plete uniform, (fimilar to the other companies of
Light Infantry) which was duly organized and ac
knowledged, and took the name of the Wafhington
Infantry. In which company I (together with my
fubalterns) received commiffions bearing date the 1 5th
of Auguft 1803, under the expectation, that there
were to be three other companies on a like eflablifh-
ment with ourfelves ; of which we were to be the firft
and oldeft in rank. This arrangement having fmceT
prefume been found inexpedient, the' idea of annex
ing us to the fub legion of Light Infantry has arofe ;
this annexation is perfeftly agreeable to me, my offi
cers and company, provided I can retain that rank in
the fub legion of Light Infantry, to which the prefent
date of my commiffion entitles me.
Four months previous to the date of my commiffion
as captain in the Wafhington Infantry, Charles Davis,
Efq. had received a commiffion as captain of one of
the un-uniformed, Ward or ftanding companies in the
town of Bofton, in which fituation I acknowledged to
him that precedence, which the law made it my duty
and pleafure to concede, to the prior date of his com
miffion. ""
In the month of June' 1 804 almoft a year after the
date of my commiffion ; Captain Davis faw fit to for
bear to aft under his commiffion as captain of one of
the ftanding companies } and accept a new commiffion
as captain of the Bofton Light Infantry, one of the
volunteer uniformed companies raifed at large ; under
which commiffion he has afted from that time to this,
and as I have ever conceived in a fubordinate rank to
myfelf, becaufe agreeable to order I commanded him
and his company at the laft brigade review, and be
caufe I could not but confider him as having relin-
quifhed his prior rank, at the fame'time that he refign-
ed (or forbore to aft under) his prior commiffion.
I prefume it is clearly the intention of the law ;

'[ 32 ]
that att' officer fhould take rank, folely from the date
of that eommiffion, by virtue, of which he fees fit to
aft as an officer ; and if any one chopfes \o commute
a commiffion' or command, of an early date for one
of a later date and thereby degrade himfelf jlhat can
not be a good reafon why I fhould be degraded againft
my will, merely that he fhould regain his former rank,
which he feems thus voluntarily to have refigned, by*
his quitting the command of a ftanding company, (to
which I prefume another captain is commiffioned) for
that of a different eftablifhment. A departure from;
this plain and obvious conftruftion of the law would
lead to fuch embarrafTmehts and conflifting claims fpr
rank, throughout the commonwealth ; as to your 'Ex
cellency's difcernment it muft be; unnecefTary, ' any
more particularly to point out. ,'
From the refpeft I owe tp the commiffion which I
have the honor to hold from your Excellency, fup-
ported by the conftitutibn, law1, and my bath, as alfo
to the officers and company under my command. I,
have felt it my duty at the meeting of Light Infantry
Officers on the 22d inftant, t© enter a proteft with
General Winflow the prefiding officer (a copy pf
which is herewith handed to your Excellency) againft
any arrangement which fhould > deprive me of my
rank, according t@ the plain and obvious intention of
the militia laws above quoted ; andirpm the circum-
ftances which I have ftated, I atri'perfuaded your, Ex,-.
•cellency will have the goodnefs to pardon the free
dom I have taken and to modify the order of the 20th
of June in fuch manner, that I may hot in the opinion
of military men be confidered as a fupetfeded 'and. de
graded officef ; and thereby compelled^ to refign my
commiffion fpr fuch a caufe, which I -flatter my|ejf I
have never forfeited by any unmilitary cpndfaftor ne-'
gleft of duty. , . --. ¦ / ; >
I have the honor to be "tf ith due refpe^,
your Excellency*^ nioft oo^iient i'iervajJt'.-
. : JOSEPH \.tfmm> JtiN.
Bsfton, July 28th, 1805.

Adjutant General's. Office, Bofton, Nov. lllhs, I 805.
This -may 'certify that the wkhin and foregoing is 'a ;
true copy of an original memorial fifed in 'mf office,
and theannexedVand fubfequent paper is a true>copy
of a paper annexed to the aforefaid original memorial.
WILLIAM DONNISON, Ajj\ General.
To Brigadier General John Winslow, prcfiding at a
meeting of officers, of the fub legion of Light Infantry at
Mr. Vila's, B-ofton, July 22d 18Q'5,for the purpofe of
chafing a Major agreeably to General Order, -
I THE fabferiber commanding a company pf In
fantry 'raifed at .large by Voluntary enliftment — and
by .virtue of .commiffion, figtted by His Excellency
Caleb Strong, -Efq.' dated Auguft 1.5th, 1803, do
now appear agreeably to General Order of June 20th,
and Brigade Order of July 7th, 1805; though my
company being attached to the fub legion of Light In
fantry is contrary fo their Voluntary enliftment.
And prefluning by the arrangement of thofe Orders,
that t am to be fuperfeded, artd in my opinion de
graded in rank, by giving Captain Charlos Davis rank
•over me — do now with proper reSpeft protefl, againft .
all proceedings by thofe Orders, that may now, or
hereafter affect my rank, or the rank' of my company.
lft, Becaufe, the faid Captain Charles Davit,, who ,
commands the Bofton Light Itifantry, agreeably to
their election* and his Corhnliffipn, dated Jiine'^Jth,
1§04 (as recorded in the Roller of the State) did on
the 30th October^ 1 804, at a Brigade review, parade his
company under mine, agreeably to the "rank; of faid
commiffidn ;' in the fub legion of Light Infantry under
-the command of Captain John Brazery 'to which Tub ,
legion my company w^S' attached for the day,'— —and
agreeably to the v&rb&l '.'• Or jde'f'gtvett me by Enfigh _
•Munroe {aftimgj Adjutant) from the Brigadier Gener
al, 1 fuppofe (asjit was given by Brigade Majot Blanch-
afd,*} ; I wek: Miamsffld" of the left 'whig1 of the" fub le-
• s- ''¦¦'--'¦¦&.

t 34 •]
gion, confiding of Captain Davis's company of Light
Infantry and my own ; this being my right by date of
commiffion. 2d, Becaufe, I confider it my duty to proteft the
dignity of my commiffion, fupported by the conftitu-
tion and law, and alfo to proteft the conftitutional oath
I have taken.
3d, Becaufe, The men compofing my company en
rolled themfelves for Infantry of the 4th fub legion to
be raifed at large by Voluntary enliftment, agreeably
to > Divifion Orders iffued by Major General Elliot ;
and their Officers were commiffioned accordingly —
and' they, with their Officers petitioned to the Gover
nor and Council to be eftablifhed agreeably^to this en
liftment, taking the name of the Wafhington Infantry ;
and never afked any thing further, as this petition will
fhew, and had no idea or wiffi of being attached to any
fub legion whatever at the facrifice of their rank or
that of their Officers.
4th, Becaufe, The United States'Militia Law, May
8th, 1792 fays (Seftion 8th,) " That all commiffioned
" Officers fhall take rank according to the date of their
" commiffions^ and when two of the fame grade bear
" an equal date, then their rank to be determined by
" lots, to be drawn by them, before the commanding
" Officer of the Brigade, Regiment, Battalion, Com-
" pany, or Detachment. — also,
ThcMaffachufetts State Militia Law, June 22d, 1 793,
fays (Seftion 29th,) " and all Officers when on duty,
""fhall take rank according to the dates of their Ccjm-
" miffions ; and when two of the fame grade bear an
" .equal date, and former pretenfions of fome Commif-
" fion do nbt decide ; then their rank fhall be deter-
" mined by_lot, to be drawn by them before the com-
" manding Officer prefent, and when on Court Mar-
" rial, before the Prefident thereof."
Therefore my now taking the flation agreeably
to order and arrangement of this evening, or here
after obeying my fuperior, Officers/ -agreeably to the
Orders before mentioned, is not to be confidered

[' 35 ]
•as an affeht on my part to the reclitude thereof; cr
that I now direftly or indireftly agree in any one point
to the right of attaching my company to the fub legion
of Light Infantry, when it caufes the lofs of Rank or
the right of any officer over ranking me, or my com
pany except by date of commiffion, given to him on
his fignifying his acceptance, after notice of his Elec
tion made by the company he is to command, agreea
bly to Law ; as this proteft will fully prove.
(Signed) JOSEPH LORING, Jun.
Captain of Infantry 4th fub legion.
Bofton," July 22d, 1805. } ,

8 o'clock P- M.

Note — All commiffions are (or ought to be) in one precife
form ; which has ever been adhered to, till June 20, 1805, as
facredly as the Conftitution ; untd an unprecedented claufe was
infertedin Capt. MefTenger and Capt. Davis's new commfffions,
by order of Governor Strong and his Council, giving them a rank
feveral years prior' to the date of their refpective commiffions. ,

BRIGADE ORDERS.
Bofton, Sept. 9, 1 805.
CAPTAIN BRAZER will order the^fob legion of
Light Infantry under his command, to parade on Bof
ton common for review and infpeftion on Monday the
30th September, the line to be formed precifely at IO
o'clock A. M. at which time the infpeftion will com
mence and be attended to with the ftrifteft fcrutiny.
It is expefted that both officers and foldiers will be
equiped, in every refpeft according to law. The duty
of the day will be communicated in after orders. The
Brigadier requefts the officers under your command
to meet him at James Vila's on the 20th inft. at 7
o'clockrP. M. Pr. order Brigadier General.
(Signed) CHARLES 1 CLEMENT, B. M.
To Capt. John Brazer, Sen.}
Capt. fub legion, Light Infantry. $

[ 36 1
SUB LEGIONARY ORDERS.
Bofton, Sept. 9th, 1805.
CAPTAIN LORING will obferve the ab'pve brig.
ade oncers and govern himfelf accordingly,
JOHN BRAZEk, Sen. Officer,
Sub Legion Light Infantry.
BRIGADE ORDERS.
Bofton, Sept. 16, 1805.
THE troops ordered_for duty under your com-
mand,the 30th inft.wmappear without any cartridges
with Dall ; in lieu thereof fchey wiU each maivjturnifh
-himfelf with fixteen fporting cartftridges, in addition to
what will be furnifhed by the town.
Per order Brigadier General.
(Signed) CHARLES CLEMENT, B. M,
Capt. John Brazer, Sen. Officer,

Sub Legion Light Infantry.

I

SUB LEGIONARY ORDERS.
Bofton, Sept. 17, 1S05.
CAPTAIN LORING- will obferve the above Brig
ade orders, and govern himfelf accordingly.
JOHN BRAZER, Sen. Officer,
Sub Legion Light Injantry.

(COPY.)
.Bofton, Sept. 18th, 1805. .
Capt. John Brazer, «-
SiRy
HAVING received Brigade orders of the 16th inft,
handed down by you, difpenfing with powder and ball,
on the, 30th inft. the day of review and infpeftion of the
brigade, and ordering fixteen cartridges for fporting, be
fides what the law grants — I therefore wifli to be inform
ed if it is meant by this order for my men to ufe the
powder of the ball cartridges (which the law fays they
fhall conftantly be provided with, and which they had'
at the laft mufter) for this extra purpofe, and if not,

[ 37 ]
prefuming the men don't furnifh themfelves, what fine
muft I demand, as I find the law don't contemplate
any thing of the kind for fuch deficiency ?, I will alio
thank you to inform me if efpontoons, muft be
brought in the field. With refpeft, I am your moft
obedient, (Signed) JOSEPH LORING, Jun.
Capt. Legionary Brigade.
I certify that the above is a true copy of the letter
Tdelivered to, capt. John Brazer.
JOSIAH BACON, Jun. Clerk.
Note. — The anfwer to the above letter verbally by cflpt.
John Brazer, was to this purport ; that he fhould have attendedi
to my requeft, but on ihewing it to Brigadier General Winflow
(who iffued the order for parade) for information, he anfwered
that Capt. Loring had his orders ; aud if he did not obey them,
he muft take the corifequ|nce.

Orders were iffued for the arrangement and manoeu
vres of the 30th Sept. 1805, without date, which are
among the papers of the Court Martial.
Note. — On Monday SOth Sept. 1805, Capt. Loring appear
ed on his compauy parade in front of the Green Dragon tavern
at about 9 o'clock, and there found none of the privates of the
Wafhington Infantry company ; although they had all been
warned to appear according to law, and m obedience to Brigade
Orders of 9th and 16th Sep;. — Captain Loring after waiting a
fhort time in" expectation of the appearance of the privates of
his company, ordered the Roll to be beat along the place 6f
his compauy Parade; He then marched with his lieutenant,
four fergeants, one drummer and one fifer, to the common, the
place, of general Parade, and made return to Capt. Brazer (his
immediate commanding officer) of the unpleafant fituation p£
his company. Capt. Brazer foon after ordered Capt. Loring
to take the ftaticm of the third company ih the fublegion of
Light Infantry below Capt. MefTenger and Capt. Davis ; where
as a year before, he had affigned him the fecond company, above
Capt. Davis (conformably as Capt. Brazer obferved) to Gene
ral order of June 20, 1805 — whichCapt. Loring declined, until
he had a view of Commiffions — which Capt. JBrazer ordered to
be produced. — Capt. MefTenger producing one dated June, 1805;
but . Capt. Davis, having none with him, was allowed to go
to his ^louie, and returning brought One, dated June, 180i>;
and Capt. Loring produced his commiffion, dated Auguft,
15, 1803. — After the commiffions were produced Capt. Loring
immediately obeyed orders and took the place affigned him

[ 38 ]
where he continued until he was difmiffed by the Brigadier Gene
ral, who obferyed thatjie had no further fefvice for him (though
Capt. Loring nor his officers were infpected) — Capt. Loring
after being difmiffed, marched out of the line with filent mufick
and halted — and there figned the following proteft on his drum
head and fent it to Capt. Brazer his commanding officer, who
delivered It to Brig. Gen, Winflow, who, before he read it faid
it would be his deftruction.

PROTEST.
I THE fubfcriber, commanding a Cernpany by Vol
untary enliftment, in the Legionary Brigade — do pre
fent this proteft againft the Orders iffued for the ar
rangement of this day's review and infpeftion of the
Brigade fo far as they degrade my commiffion and
rank, by placing me under the command or rank of
Capt. Daniel MefTenger and Capt. Charles Davis.
lft, Becaufe — the Conftitution fays, Art. 10, Seft.
1 . Chap. 2d. folio 34, " and no officer duly commif-
"¦ fioned to command in the Militia, fhall be removed
" from his office ; but by the addrefs of both Houfes
" to the Governor, or by fair trial in Court Martial,"
*&c. &c.
2d, Becaufe — being duly commiffioned to command, '
the date of faid commiffion muft demand a higher fla-
tion in rank, than is now appointed me — for the law
exprefsly,fays that every officer fhall rank by the date
thereof—and my Eleclion to the Volunteer company
I now command being regular, and returns made
agreeable to law ; received my commiffion dated Au
guft 15th, 1803, figned by His Excellency Caleb
Strong, Esq. Governor, of the State, agreeably there
to  Therefore I have a right to claim a higher rank
than faid Captain Daniel MefTenger, and Captain
Charles Davis— who ought to rank under commiffions
dated when elecled or thofe dated June 20th, 1805,
as all others of a fuperior date to mine, the law does' not
contemplate ; as they are not agreeable to faid officers '
Eleclions and Returns made by the companies they now
command, and in my opinion it is contrary to the
United States and State laws for any commiffions to

[ 39 ]
give rank above mine, except by their date ; and
thofe dated agreeable to eleftions made by the com
pany the officers command.
Therefore do now for the above, among many oth
er reafons, proteft againft the orders that command me
to take a flat ion or rank contrary to what my commif
fion, dated Auguft 15th, 1803, claims for me and my
company — and againft all proceedings of any officer
whatever, that degrades me pr my officers' rank in any
one point or manner derogatory to thq honour of of-
ficersi, who have ever done their duty for the good of
the State. (Signed) JOSEPH LORING, Jun.
Capt. of Light Infantry, per General Order.
Bofton Sept. 30th, 1 805.
To Simon- Elliot, Efq. Major General of the Firft Di
vifion oftty Militia of the Commonwealth of Majfa-
chufetts.
m JOHN WINSLOW Brigadier General of the Le
gionary Brigade, in the Firft Divifion of the militia of
this Commonwealth, complains againft captain Jofeph
Loring Jun. of the fub legion of Light Infantry in the
legionary brigade in the divifion aforefaid, for difob^y-
inga brigade order of the 9th of September, ordering
a parade on Bofton common for review and infpec-
tion on the 30th of the fame month, alfo for difobfying
a brigade order of the 1 6th of September directing
the fub legion of Light Infantry to appear on faid 30th
_ with fixteen fporting cartridges, both of which orders
the faid captain Jofeph Loring Jun. difobqyed, and in
an unfoldierly manner came on faid parade without
any of his foldiers, and there entered a proteft againft
faid orders, by delivering to captain John Brazer fen-
k>r officer of the fu1* legion of Light Infantry, a paper
containing ftatements, as fafts, which were untrue,
and unofficer like, for him to ftat«>and containing ob
jections, to faid orders, totally coatorrary to their true
intent and mealing. CotfoaAy
And the faid, Winflow further ftates, that he .has
reafon to believe that faid captain Jofeph Loring Jun,

did connive at, if not abet, and procure the men under
his command to mutiny againft faid^prders, and to iie-
gleft and refufe to appear on faid parade, to dif charge
their duty as foldiers on faid day, agreeable to the fpir-
it and intent of faid orders, and did not make" ufe of
all his influence as their commanding officer, that ,
they might appear. All which conduft tends to the
fubverfion of Good- Order and Military difcipline in
faid Brigade, and is a bad example to all others to of
fend in like manner.
Wherefore your Complainant prays and requefts that
fuch proceedings may be had in the premifes as the
law direfts, and the faid Capt. Jofeph Loring Jun.
aforefaid may be held to anfwer to the charges, exhib
ited againft him in this complaint, and fuch others as
may be legally proffered againft him, and be delt with
according to> law. JOHN WINSLOW, Brigadier General,
Legionary Brigade, Firft Divifion.
> Bofton., Oil. 8, 1805. Bofton, Ocl. 8, 1805.
Capt. Jofeph Loring Jun. of the ,Sub Legion of
Light Infantry in the Legionary Brigade firft divifion,
will confider himfelf *e- arreft upon the charges herein
exhibitted. JOHN WINSLOW, Brig.jGen.
Legionary Brigade, Firft Divifion.
Note — The Brigadier General was probably induced to
' make one of thofe charges by the mitigation of Enfign Samuel
Jenks, who wrote a letter to the Brigadier informing him, that
he haS found out, that the officers of the Wafhington Lt. In
fantry had\beeni aiding and abetting the privates in, a mutiny;
which letter is recorded among the proceedings of the Court Mar
tial—to the forwarding of which letter to the Brigadier Gen.-^-
he therein writes that Brigade Major Clements and Capt. Mef-
fenger advifed or ivijhed hxtafo to do.

Bofton, Oclober 23d, 1805.
Major General ELLIOT, * „ '
Sir,
HAVING received a Brigade Order of the 8th
inft. putting me under arreft for certain Charges,

C 41 J
made by Brigadier Gene'ra'l WimTow — andprefuming
you muft feel, that an officer, remaining in this fitua-
tioil, is greatly injured ; not only as a foldier, but as
a citizen — therefore am fatisfied' you'll have the good-
nefs to order a Court Martial by whom I may have a
prompt and impartial trial  1 have been informed
by fome officersi that a divifiort order has been iffued
for my trial' at the County Court Houfe on the 29th
Inftant, by the Court that'fetS on that day — but as I
have no official information, agreeable to the Militia
law, date'd June 2 2d, 17935 Seftion 35, which fays^-
" Every officer to Vie tried, fhall have ten days notice
" given him of the time and place appointed fortrial" —
* ALSO,
" Every officer fhall have a copy of the charges ex-
"'hibited agahtft him ten days before the fetting' of
faid Court,'' && &c. — prefume it is countermanded ;
orherwife there is inattention to your ' orders fome-
where— charges have been exhibited by Krigade or
ders and ten days have elapfed* — but'the time and place'
of trial T have no information by authority agreeable
to law — -therefore I am fatisfied you'll difcharge me1
from this arreft, or grant my above requeft, by ap
pointing a Court Martial as foon as poffible. — The lat
ter I flbould prefer, as every officer ought, who has en
deavoured to do his duty for the good of the State,.
arTwifh to have a' full and ; perfeft inveftigation of
rrty cohduft; when it is done agreeable to law.
With due refjpeft, I am Your Moft
Obedient and very Humble Servant,
, ' JOSEPH LORING, Jun. Captain of
Light 'Infantry, pet Gettettcl Order.
I CERTflfY" that the abbveris a true Copy, having;
tiiree erafure*- — -Oft. 23' 1805. •
JOSIAIT'BACONjJun.
Not4-J—^Whenthfer Court Martial met, this letter was ccrri-'
raawate*'to thefi^fifom the Major Gen: and 'the Court, was ac
cordingly adjourned, as the letter from the Judge Advocate
F

[ *2 1
Commonwealth of Massachusetts. ,
Firft Divifion.
DIVISION ORDERS.
Bofton, Ocl. 10, 1805.
Brigadier General Winflow commanding the Le
gionary Brigade, having tranfmitted to the Major Gen
eral a complaint againft Capt. Jofeph Loring, Jun.' of the
Sub Legion of Light Infantry of faid Brigade for difo-
bedience of Brigade orders of the ninth and fixteenth
of September laft paft, and for unfoldierly and un offi
cer like conduft on Bofton common on the 30th of the
fame month, " likewife the faid Brigadier Hates, that
he has reafon to believe that the faid Capt. Loring did
connive at, if not abet and procure t the men under his
command to mutiny and to negleft and refufe to ap
pear on faid parade, and did not make, ufe of all his
influence as their commanding officer, that they might
appear, all which conduft tends to the fubverfion of
good order and military discipline in faid Brigade, and
is a bad example to all others to offend in like man
ner—wherefore the complainant prays and requefts
that fuch proceedings may be had in the premifes as
the law direfts, and that the faid Captain Jofeph Lo
ring, Jun. may be held to anfwer to the charges ex
hibited Againft him in this complaint, and fuch others
as may be legally proffered againft him and be dealt
with according to law." A Divifion order bearing
date the twenty third of Sept. laft, appointing a Court
Martial to be holden at the County Court Houfe in
Bofton, on Tuefday the twenty ninth of Oftober next,
at 10 o'clock, A. M. — whereof is Prefident, Lieut.
Col. John Barker of the fecond regiment of the firft
Brigade— the Major General hereby appoints the
fame Court for the trial of the faid Capt. Jofeph Loring,
Jun, upon the charges exhibited againft him by Briga
dier General Winflow. — General Winflow will caufe
the Judge Advocate to be furnifhed with all necefTary

C 43 ]
papers, and all concerned to be duly and legally no
tified. - By order of the Major General lft. Divifion.
(Signed) JOHN T. SARGENT, A. D* C.
Copy,
Cha. Davis.

Bofton, Ocl, 29th, 1805.
Capt. Joseph Loring, Jun.
I am direfted by the Court Martial now in feffion
in this place to forward to you a copy of a divifion or
der under date" of the tenth inftant, which copy is
inclofed, and am further commanded to notify you of
the time and place appointed for your trial, on the
complaint which has been exhibited againft you by
Brigadier General Winflow. In obedience to which
laft mentioned command you are hereby notified that
the aforefaid Court Martial ftands adjourned until
Tuefday the twelfth day of November next, at 10
o'clock, A. M. Then to meet at the Reprefentatives
chamber in the new State Houfe, of which time and
place I do hereby notify you, and you will pleafe to
govern yourfelf accordingly.
I have the honor to be, your humble fervant,
CHA. DAVIS, Judge Advocate
of faid Court Martial.

To the Prefident and, Members of thi Court Martial
now fitting in Bofton. .
I OBJECT to Charles Davis as judge advocate ;
becaufe I confider him interefted in the event of my
trial. There is a competition for Rank between him and
myfelf, which muft be fettled favorably for him, if the
rifult of this Trial is unfavorable to Me.
By the Court's leave I will ftaje — That Charles
Davis, Efq. captain of the Bofton Light Infantry, was
ele&ed and commiffioned to the command of that

company many months fubfequent to tpe dat£ of my
eleftion anA commiffion, as captain of the Wafhing
ton Infantry, then fo called ; and that accordingly,
whenever our refpeftive companies paraded in the
line together, I took the undifputed precedence of
him. •'
Notwithftanding this—an order of the Executive
has been iffued whereby Captain Davis has been or
dered to take Rank from a period a few months pre
vious to the date of my commiffion, and about two
years previous Jo the date of that by virtue of which
he now epmmands.
Againft this order I have in the moft refpeft|g|
manner remonftrated to his Excellency the Cpmr
mander in GJnpf ; and I will not permit myfelf to
doubt, but I fhall be reinftated in my Rank ; and
that an order of the Executive will fbon be iffued that
in obedience to the Militia Law dU officers fhall take
Rankfolely from the date of their cpi&npijfionsj except
where two commiffions are of equal grade and date,-
in which cafe their precedence fhall be determined by
lot. Although I believe Captain Davis (in cafes whej»
he is totally difinterefted) as impartial as other men ;
yet in this cafe I cannot but confider him as judge
and advocate in Ins own caufe.
(Signed) JOSEPH LORING, Jun. Capt.
Bofton, Nov. 12, 18Q5. Bofton, Nov. 12th. 1805.
The above is a true copy of the original paper
filed before the Court Martial now in feffion by Capt.
Loring. CHA. DAVIS, Judge Advocatf
of faid Court Martial.
1 ' — — — •
Bofton, Nov. 12th, 1805,
Capt. Joseph Lqrin.q, Jun,.
The Court having taken ^nto cpnfideration the
paper above copied, is of opinio^ th.a,t it is npt a pager

r *5 3
proper for it to isftand determine upon*— it therefore,
diuefts the judge advocate to give Captain Loring no
tice of the faid opinion, and further to fuggeft to him,
that the application fhould have been or fhould now
be made to the Major General, under whofe orders
this Court ^s now convened — in pursuance of which
direction you are hereby notified and informed of the
opinion of the Court. Ybiur htomble fervant, '" '.
CHA, DAVIS, Judge Admtkum
Bofton, Nov. 13th, 1805.
It appearing to the Court here that Captain Jofeph
Loring Jun. has received official notice of the above
opinions and direftions of the Court- — The Court do
chVeft the judge advocate to inform Captain Loring
that it will not proceed to his trial until he feas had
a reafanabfe opportunity to make application to" the
Major General concerning his (Capt. Loring's) ob
jection to the judge advocate. CHA. DAVIS, Judge Advocate.

Bofton, Nov. 13th 1805.
Capt. Joseph Loring, Jun.,
Sir,
I hereby inform you of the decifion of the Court, to
give you reafonable time and opportunity to make
application to the Major GenggLconcerning your ob
jections offered. againft G&f^art\M^s Diiuj'a aft-
ing as judge advocate on your trial.
Your humble fervant, ,
CHA. DAVIS, Judge Advocate.

Mr. Prefident and Gentlemen ¦of 'the Court,
HAVING- been called upon by the Judge Advo
cate to make any objections I might have to the Court.
Having alfo (as I conceived it my right) made ob
jections to Charies Davis, Efq. as Judge Advocate, and
it havang been deterowned by the Court, that they can-

r 46 ]
not with propriety take thofe objections into their con-
fideration, fo as to aft definitively upon them ; hut
having been referred to the Major GeneraL by whom
the Court and Judge Advocate were appointed ;
I feel compelled to obferve to this Honorable Court,
that the competition for rank between Captain Davis
and rnyfelf, which was the reafon of my objeftion,
muft have been known to the Major General, as well
before the Judge Advocate was appointed as it can
poffibly be now.
I therefore wave 'the priviledge, proffered me by
this Honorable Court of applying to the Major Gen
eral on the fubjeft.
v I bow fubmiffive to the decifion of the Court in
both thefe inftances, and am ready to meet the char
ges exhited againft me— hoping that the event of my
trial 'will do away any improper prejudices that may
exift on the minds of any individual againft me.
JOSEPH LORING, Jon. Capt.
Bofton, Nov. 14, 1805.
Note. — Adjutant Lifle was appointed Judge Advocate, and
the Court proceeded on the trial of Captain Loring, which the
record will {how, was begun by Capt. Davis as Judge Advocate;
and after the profecutor had produced every kind of witnefc in _
his power, Capt. Loring was permitted to make his defence —
and th§ Judge Advocate clofed his remarks on the evidence, the
6th or 7th Dec 1805, at which tirne,Capt. Loring was difchar£-
«d by the Prefident of the Court Martial.

DEFENSE.

Mr. Prefident, and
Gentlemen of this Honorable Courts
THE time that has been occupied ^examining* the
multitude of witnefles who have been produced by
Gen. Winflow in order to fupport the profecution,
induces me to difpenfe with the examination of many '
witnefles whom I fhould have fummoned, were it hot

C 47 ]
for my belief that your patience, as well as my own, '
has already been put to a pretty fevere trial.
It is now about two months fince I was put under
arreft ; during which time I have laboured under the
anxieties infeparable from my fituation, and have been
entirely interrupted in my attention to any other bufi- ,
nefs. Upwards of twenty witneffes have been interrogated
to furaifh evidence againft me ; and after all, what can
there be collected from this mafs of teftimony that
can fatisfy your minds beyond a reafonable doubt,
that I am guilty of any particle of the charges exhibit
ed againft me ? i
I am charged by Gen. Winflow with difobeying his
Brigade* order of the 9th Sep%mber, ordering his
Brigade to appear on Bofton common, on the 30th of
September, for review and infpeftion.
I am alfo charged with difobeying another of his.
Brigade orders iffued on the 1 6th September, requir
ing the foldiers of the Legionary Brigade to appear
with fixteen cartridges for fporting, and difpenfing
with the twenty four cartridges with balls ; with which
the law requires that every foldier fhould be conftant-
ly provided ; and without which he is not in a condi
tion to pafs a legal infpeclion.
I am alfo charged with coming on to the parade
without any of my foldiers, &c. &c;
If I did £ome on the parade without/any of my fol
diers, it is highly probable I came on without the re-
quifite number of fporting cartridges : but it by no
means follows ; nor has it, I truft, been fatisfaftorily
proved to you that I have difbbeyed either his order
of the 9th, or his order of the 16th of September.
On the contrary, it appears by^heteftimony of the
Clerk of my company, a ysulag^ ge1jfl%»aSi of unim
peachable truth and integrity, who has been produced
as a witnefs in fupport of the profecutiort ; that he did
in conformity to my warrant and command to hinv
¦otify and warn the members of my company to ap-

C 48 ]
pear in arms, and uniform complete at the Green
Dragon, at 9' o'clock in the morning of the 30th Sep
tember,, with fixteen fporting cartridges, notifications
..to i this effect were given to every individual' of my
company as feafonabiy as the law requires.
My notifications were at firft predicated folely- on
the Brigade order of the 9th ; they bore date of the!
18th September ; they were printed and required my
men to appear with cartridges with balls ; but af
ter they were printed j and before; they were diftribii-
ted to my men, I received the Brigade order of the
16th September, requiring the trciope to appear with
fixteen fporting cartridges inftead of 24? cartridges
with balls. ,
1 I immediately on tile receipt of the Brigade order
of the 1 6th, altered my notifications in fuch manner,
as to make them conformable to the laft received or
der of the 16th September, I erafed with my pen the
printed words " Cartridges with balls," and inferted
as well as I couldj the words " Sixteen fporting car
tridges." Notifications of this kind were delivered by my
Clerk to all of my companyyand feafonabiy received5'
by them.
I am confcious that I have done in this particular all
that could reafonably be expected from me, or from ¦
any other officer, and all I ever did or can do in fim-
ilar circumftances. I iffued my orders in obedience
, to the two Brigade Orders, which have been fo often
mentioned 5 and I put them in train (as I thought) to
be faithfully obeyed.
Perhaps it is true, as the General ¦ fays— I did not
make ufe of all my influence as commanding- officer
over my men in order to induce them to obey th'fc- or
der I had thi*s iffued ; but' gentlemen- 1> knowof' no
influence that is necefTary. or becoming for anyj com*
mandifflg officer to ufe in order to induce his men to
obey his orders; I have never been* in the habit' of
»fing any. inftoence,,, except what my. pofitive orders

[ 49 ]
oarry on the face of them. My orders had always
beenpunftually obeyed ; and I had no reafon to fuf-
peft that they would not be obeyed in this inftance, as
they had always been" before.
But whatever might have been my belief or fufpi-
cions on this head, it was utterly out of my pow^r to
have done better, or in any degree different, from
what I have done : for I left Bofton on Wednefday the
18th September, the day I iffued my orders in the
manner I have defcribed. I tarried at my houfe, and
with my family in Chelfea from Wednefday the 1 8th
till Saturday the 2lft of Sept. employed about my
own perfonal and commercial concerns. On Saturday
the 2lft September I left •Chelfea, and fet out on a
journey to the eaftward, on bufinefs which abfolutely
required my attention, and of a nature which could
not admit of any further delay.
On this journey to the eaftward I was employed
from Saturday the 21 ft till Friday afternoon the 27th
September, when I arrived weary and in precarious
health at my houfe in Chelfea, where I continued till
Saturday afternoon the 28th September ; I then came
to Bofton, and arrived on Saturday evening about fev-
en o'clock — attended with my company at the Gun
Houfe at the bottom of the common, for the purpofe
of inftrufting them in the duties which they would
probably be called onto perform on the Monday follow
ing ; I fpent about three hours with them, endeavour- '
ing to put them in a condition to make their beft ap
pearance on the day of parade. Every thing I faid or
did was in public before all thofe of my company who
were prefent, and the numerous fpe,ftators that throng
ed the hall during the time I was with them. I left
Bofton that evening and went to Chelfea, where I re
mained till Monday morning, the mitch famed 30th of
September, "and during the three hours I fpent in Bof
ton, I held no fecret con verfe 'with any individual on
earth : I neither faid nor did any thing, but in the
G

[ 50 ] ••
prefence of all my cbmpany and of other difinterefted
witneffes who did not belong thereto.
' Thus, Gentlemen, you perceive that for twelve days
previous to the parade, viz. from the 18fh to the 30th
September, I was not more than three hours in Bof
ton, and that during thofe three hours, all my conduft
was open and above board : that I was on a journey
a whole week during thofe twelve day's abfence from
Bofton ; a part of which week I was at Portfmouth
in Newhampfhire ; confined to my bed with ficknefs,
and in no condition to ufe influence over my men to
prevail on them to obey my orders, much lefs could
I be plotting the fubverfion of harmony and good dif-
cipline in General Winflow s legionary Brigade.
This, Gentleman, is all I fhall offer in vindication of
myfelf againft the charges for difobeying the Gener
al's two Brigade Orders aforefaid : and I leave it with
you to find me innocent or guilty, according as the
General's charges on thefe heads are fupported or un-
fupported, and as the flatement I have thus far jnade
fhall appear to you to be true or falfe.
With regard to my coming on to the parade in an un-
foldierlike manner, and without any of my Soldiers, as
the General alleges I did ; I will not wafte time in
endeavouring to refute a charge which a thoufand
fpeftators know to be untrue j and which the profecu-
tor himfelf has invalidated by the abundance of, oral
and written Teftimony which he has offered in the
courfe of my trial. He himfelf has declared that I ap
peared on parade with fix or eight of my men, which
is more than fome other Captains did, who have not
been arretted. The court know that I appeared
with fix men in complete uniform and difcipline, and
I could, if I pleafed, call every field officer in the Brig
ade to teftify to the foldierly deportment with which I
marched to the parade.
With regard to my conduft on the 30th of Septem
ber, having been at Chelfea from Saturday evening till
Monday morning, I arrived at the Green Dragon, the

C 51 ] '
place where I had ordered my company to affemblc,
not quite fo early as I had affigned for my company
to meet.
When I arrived I inquired with furprife " where are
the reft of my company ?"
The Lieutenant informed me the Roll had been
called agreeably to order precifely at 9 o'clock : that
. himfelf, four, fergeants, and two muficians werei all
that had appeared and that they were ready to obey my
orders. I then ordered the drummer to beat the long
roll up and down the place of my company parade in
front of the Green Dragon : after a while, finding no
more of my company make their appearance, I faid I
could not "make men," and inftantly marched in an
orderly and foldierly manner at the head of thofe who
had obeyed my orders on to the common the place of
the General Parade.
I arrived there in fufficient feafon before the line was
formed, I fent a billet to. Captain Brazer, afting as
Majo* Commandant of the Sub Legion of Light In
fantry, informing him of my unpleafant fituation,and my
readiness to obey his further orders in the beft manner
I could. He ordered me (thro' my Enfign Mr. Mun
roe who had been detached from- my company to aft
as adjutant for the day) to flay where I was till further
orders : and fhortly after, on Captain Meffenger's
coming into the common at the head of the Winflow
Blues, Capt. Brazer ordered me to march into the
line and form with the rank of the third company,
which was below Capt. MefTenger and Captain Davis.
But believing my commiffion, which bears date the
15th Auguft, 1803, and which is the only commif
fion I ever qualified or afted under,, to be of earlier
date than that of Capt. MefTenger, or that of Capt.
Davis ; and knowing that I had outranked the latter
Gentleman on the Parade a year before ; I did not
conceive that I had my proper place in the line, al
though I took that which was affigned me1 with all
due fubmiffion and refpeft.

C 52 ]
Thus doubting the propriety of the order which
I fubmiffively obeyed, I requefted of my command
ing . officer that he would indulge me with a view of
the. commiffions of thofe Gentlemen under whom he
had placed me, at the fame time, I offered him mine
in order to its being compared with their's.
And then I obeyed his orders as punftilioufly as
he could wifh, and marched into the line, when he
ordered me, and where he ordered me.
Was it criminal, was it unfoldierlike to demand a
view of commiffions ? If fo, why was it granted ? Why
does every officer carry his commiffion in his pocket,
except to be ufed as occafion fhall require ? The law
fays, every officer with a commiffion fhall rank ac
cording to the date of his commiffion : and how is
he or any body else to know the date of his commif
fion unlefs he has it ready to produce when called,
and to combat the rivalfhip of thofe who make claims
to go above him ? Why are the officers required to
take v? nk according to the date of their commiffions ;
unlefs there is to be some direct and inftant mode of
deciding by infpeftion and comparifon of commiffions
which is the oldeft ?
The aft of Congrefs which provides for the uni
formity of the militia throughout the United States,
which was paffed May 8th, 1792, exprefsly fays ifc the
eighth feftion of that aft, " That all commiffioned
" Officers fhall take rank according to the date of
*' their Commiffions, and when two of the fame grade
" bear an equal date then their rank to be determined
" by lot."
The Mifitia Law of this State, paffed June 22d,
1 793, is in exaft conformity to the provifion of the
aft of Congrefs which I have juft read.
Its requirements are in thefe words (Seftion 30th)
" at any regimental mufter, the feveral Companies
*' fhall form in Regiments, according to the Rank of
" the officers commanding them."
And jn a previous feftion it fays that the Rank of

[ 53 3
all officers of a fimilar grade fhall be fettled according
to the date of their refpeftiye commiffions.
Gentlemen, although my commiffion bears date on
the 15th Auguft, 1803, and the commiffions of Capts.
MefTenger and Davis, bear date on the 20th June,
1805 ; and although I had in conformity with the
opinion of Gen. Winflow, formerly outranked Capt.
Davis, and although the Law was exprefsly in my
favour ; yet I peaceably and refpeftfully obeyed all
orders coming from my fuperior officers ; I went into
the place affigned after the view of commiffions and
at the time affigned me — I went peaceably and re
fpeftfully ; becaufe I knew that an order of Council
had been iffued, on which a general order was formed
and fent down, authorifing Captains MefTenger and
Davis with commiffions pofterior to mine^, to take a
Rank fuperior to me.
This, Gentlemen, is an arrangement which I have
ever confidered as injurious to my rights and my
rank as an officer ; and ever fince it has taken place,
I have never ceafed to bear teftimony againft it. I
"have taken every legal and refpectful ftep in my pow
er to be reftored to a rank which I once held with
honor, and which I truft I have never forfeited by
any unmilitary conduft or negleft of duty.
I have fent a memorial to the Governor and Coun
cil flaring my complaint ; and I fincerely believe that
matters are in train to replace me in my Rank ; and
until I knew the event of my application to Head
Quarters, I confidered it my duty t© proteft againft
any and all arrangements which degrade me from
that Rank which I have been accuftomed to hold in
the line, and to which I am entitled by the date of
my commiffion.
With thefe principles and with thefe motives, I did
on the 30th September forward to rriy Commanding
Officer the proteft which1 has been read to you, and
which General Winflow feems to confider, as a pro.
teft againft his Brigade Orders^ ordering the parade,
and ordering the fporting cartridges.

[ 54 3
But you, Gentlemen, are to decide whether or no
the General has not miftaken its " true intent and.
meaning" — It fpeaks for itfelf ; it is merely a proteft
againft what I conceived my degradation.
It was not offered with any view to fubvert the good
order and difcipline of the General's Brigade. It was
not offered, 'till I had been ordered peremptorily and
rudely to quit the parade. It was not figned nor for
warded 'till after I had left the line. It was not read
by the General 'till after he had withdrawn from pa-
TdAe, although he faid immediately on receiving it, and ^
before he knew its contents,", that that Proteft would
be my deftruftion.* ,
Like Jonah at the city of Nineveh, he has indif-
creetly prophefied my deftruftion, and I really believe,
hke Jonah he wifhes me deftroyed.
I rely with confidence upon the impartiality and
the firmnefs of this honourable Court to fave me from
the powerful effefts of his fuperior rank and influence
againft me.
I deny that there is any ftatement in that Proteft
falfe or unofficerlike for me to ftate. I have called on
the General to point out the ftatements in that paper
which he alleges are falfe and unofficerlike for me to
ftate. — He has not thought proper by his anfwers to
my queftions to give me an opportunity to evince my
innocence, and I rely upon you, Gentlemen, to confid-
er me innocent until I am proved to be guilty.
The oath I take when I accept my Commiffion
obliges me to execute the duties of my Commiffion ac
cording fo the Conftitution and Laws. Indeed my
commiffion on the very face of it requires the fame
thing: — I fhould have confidered myfelf as culpably
negleftful of my duty and my oath, had I done differ
ent from that which I have done.
I declare I have afted from a confcientious endea
vour to difcharge my duty ; perhaps all of you, Gen-
* General Window faid—" that Proteft fliall be his deftru<ftion."— This
was addrefled to Capt. Brazer on the field, and can be proved on oath.

C'55 3
flemen, would in fimilar circumftances have done dif
ferent, perhaps you would have conducted better ;
but I truft you will not impute to me any criminality
of intention ; in an embarraffing fituation where every
man and even the beft of men is liable to err.
I believe it is unneceffary for me to fay much on the
laft grand charge ; containing the General's fufpicion
that I was abetting and procuring my company to mu
tiny againft his two Brigade Orders " aforefaid."
I believe you are all meii of candor, and that you
cannot attach the fmalleft degree of credit to a charge
fo utterly deftitute of proof. — I declare upon the hon
or of a foldier and a gentleman •, that I was not di-
reftly or indireftly privy to the private determination
of my company, and cannot myfelf be accountable for ,
any meafttres which they had taken during my abfence
from Bofton, and abfence from the State.
I believe the Court to confift of Gentlemen of too
much candor and liberality of fentiment to be biaffed
by any vague rumours that fome men, for their own
private views and intereft have been willing to circu
late to my difadvantage.
I prefume you will judge merely according to the
law and the evidence, and pafs , fuch fentence as your
own honourable feelings fhall diftate to be juft.
I have thus, Mr. Prefident and Gentlemen of the
Court, committed to writing in^a hafty manner, but as
fully as the time allowed, fince yefterday's adjourn
ment would permit ; fuch a vindication of my conduft
as I truft will fecure me an acquittal, and an acquittal
with honor from all the charges exhibited againft me.
. I believe every thing 1 have faid is fupported by the
evidence which your records contain, and moft of
which has been drawn out on crofs examination, even
from the profecutor and the other witnefles who have
been adduced in behalf of the Government. '
I do not reft my defence merely on the pofitive
proof I myfelf have adduced in my own favour;— I
rely chiefly and with the greateft confidence on the

[ 5Q ]
infufficiency of the evidence againft me to fupport any
article or particle of the General's complaint.
I could, if permitted — bring teftimony to prove that
General Winflow and his affociates have long medi
tated my deftruftion, and removal from command.;
and that he faid that Proteft would be my deftruc
tion, even before he had read it, or could ppffibly
know what it contained.
I could prove that this profecution is fet on foot
with motives and defigns very different from that of
a wifh to promote the harmony and good difcipline of
the, Brigade.
But as the Court think it improper for me to go
into General Winflow's motives and intentions I have
contented myfelf not to attempt direft proofs of a
point which the1 Court deem immaterial ; and I leave
it to be inferred from the whole manner and courfe of
the teftimony which has been adduced againft me.
The fanftuary of friendfhip and the rites of hofpitali-
ty have been violated, my bofom friends have been
converted into fpies and informers, they have been re-
luftantly compelled to appear before this Court, and
relate converfations which took place between them
and myfelf, in my own houfe, in the bofom of my
own family, at my own table during the moft convivial
and jocular, hours I have paffed in my life ; and when
their own hilarity and cheerfulnefs laid open the moft
hidden receffes of my heart to their free infpeftion —
many of the members of my own company have been
called on to furnifh evidence to convift their captain
of participating in their own tranfgreflions.
And becaufe Mr. Ray one of my company would
not (for he could not) tell any thing that would in
volve me with himfelf; one or Gen. Winflow's pri
vate confidential friends and correfpondents has been
adduced to invalidate the teftimony of Mr. Ray.—
With regard to Mr. Jenks (the affociate and fecret ad-
vifer of Gen. Winflow) I leave the Court to judge of
his teftimony as they pleafe, and to make the inferences

C 57, 3
that muft be obvious to every honorable and impartial
mind. Gentlemen, my caufe is now with you, and I leave it
with that confidence, which^ my own confcious inno
cence infpires. If any individual of you had any pre-
poffeffions againft me ; I know you have by this time
laid them afide, and I do not doubt, but the fevere
fcrutiny which my conduft has fuftained ; will effeft-
ually do away the vague rumors that had by my ene
mies been put in circulation againft me ; and prove to
me an ample confolation for the long and painful anx
iety with which I have waited the decifion of this
Honorable Court.
JOSEPH LORING, Jun.
Captain of .-Light Infantry^
Pr. General Order.
Bofton, December 5th, 1805.

N. B. The following fhould have preceded Capt. Loring's
^defence. Copy of a Special Plea before the Court.
To the firft charge — I anfwer, I am not guilty.
To the fecond charge — I anfwer, I am not guilty.
To the third charge — I anfwer, I did make a pro
teft againft the arrangemen^pf the day, fo far ask re-
fpefted my. Rank in placing me below certain captains,
the date' of whofe commiffions was pofterior to mine ;
but I utterly deny, that I am guilty of making in that
proteft any ftatement falfe, or unfoldierlike, for me to
make. -i:$
To the fourth charge— I anfwer, I am not guilty. -
JOSEPH LORING, Jun.
Bofton, November 12th, 1805.

Bofton, December 24th, 1805.
Major General ELLIOT,
Having ever been ready and willing to do my duty
as aa officer in the Militia, fince I have received a
H

[ 58 ]
Commiffion from his Excellency the" Governor, as al
fo to refpeft and notice in a proper manner all officers
above or below me — fo I have prefumed to think, that
I fhould have been treated by fome of my- fellow offi
cers in the Brigade to which I belong — with thofe at- *
tentions (inftead of perfecutions)" that an officer gener
ally receives in all countries when he has done his du
ty, and more than his duty in many inftances, without
reward for the good of the State— I have never afked
nor received any favours, but what the Conftitution and
the Law gave me, though I have caufed a Company
of 54 men to be completely organized, uniformed atid
difciplined in a foldierly manner without the affiftance
of any one whatever — from, thefe confederations and
by the right which the conftitution and law grant me,
I take the^ liberty refpeftfully to inform you, that I
have been under arreft fince the 8th October, for
Charges I never was, nor can be" guilty of-  and
which you cannot but think is a great difadvantage to
any Officer, and muft affeft the feelings and Intereft of
all who receive no pay or emolument from the Gov
ernment whatever—more efpecially in this inftance,
where by the negligence of fome officers in the Brig
ade not notifying the time and place of Trial agreea
bly to Law and your divifion order of Oftober 10th,
1805; my Trial was poftponed fourteen aays which
was the caufe of a longer detention by another ad
journment, by which I have been a great fufferer —
and if allowed topafs unnoticed may caufe incalculable
evils to the Militia by caufing a precedent for treating
other Officers in a fimilar fituation — -being fatisfied you
have not partialities for one Officer more than another
under your command, I prefume to hope you will take-
into confideration' my being held under arreft a long
time, part of which contrary to law (not being notified
as before obferved agreeably^ to your Order) and alfo
the peculiar embarrassments fuch arreft fubj efts me to
in iriy private concerns— and permit me to know the
refult of my Trial that I may be relieved from fufpenfe

C 5y 3
and many other anxieties, naturally arifing from the
extraordinary courfe it has taken — I feel confident you
will confider my fituation, not only as a Citizen Soldier,
who never has intentionally done wrong— but as an
officer whofe Charafter has been in the dark very m-
" vidioufly handled (by thofe who probably dare not in
any 'other manner) and as one who wifhes that his fel
low Citizens may know how far the Charges alleged
againft him are fupported and how far they are true or
falfe-^Satisfied you will agree that every officer and
Soldier ought to be fupported and protefted by one
honorable principle ; alfo that, you never can wiffoto
affeft the Intereft of any Officer or Soldier under your
Command — or harrafs them in any inftance in. their
private concerns — therefore I ajn pofitive you will
grant my requeft ; by caufing me officially to know
the refult of my Trial immediately — which I find is
the Cuftom among all nations that grant Courts Mar
tial.. With high refpeft, I am
Your moft Obedt. and very hum. fervt.
(Signed) JOSEPH LORING, Jun.
Captain Lt. Infantry, Legionary Brig.
Pr. General Order.
¦ I CERTIFY the foregoing, to be a true copy of a
Letter from Capt. Loring to Gen. Elliot, which I de
livered in perfon Dec. 28th, half paft 9, A. M.
(Signed) JOSIAH BACON, Jun.
Note.  As the Conftitution and Lav» at prefent ftand, die
duty of a Maj«r Gen. after the proceedings of a Court are hand
ed to him, is fimply to enquire, have two thirds of the Court fimd
the Prifoner guilty ? if they have npf, nothing remains for* the
Major Gem, but to promulgate the Pfifoner's acquittal wtthout
any unneceffary delay. ' ¦
If the Court or two thirds p£ them deem the Prifoner guilty,
it is the right and duty of the Major Gen. to foften the fehtence
of die Court if he fees fit, but never to aggravate it; or hold
the prifoner in that fufpence which is woffe than the worft fen-
tence that can poffibly be awarded by the Court-

C 60 3
Extracl from the Palladium -of January 10th, ISOfj,
printed by Toung and Minns, printers to the State —
under the head of Divifion Orders, Bofton, 24th Dec.
1805.
ALL the proceedings of faid Divifion Court Mar
tial having been duly confidered by the Major Gener
al, he approves and affirms the judgment and fentehces
of faid Court, and orders the fame to be carried into
effeft. Lieutenant John J. Valentine is called up
on ferioufly to confider the deftruftive confequences
of fuch mifconduft of which he has been adjudged and
deemed guilty.
The importance of a ftrift obfervance of discipline
muft be impreffed upon the mind of every one who
feels a fuitable intei"eft in the peace and fafety of our
country and its Laws, and to produce a due fubordi-
nation in the Militia, its Officers muft evince their own
readinefs and alacrity to obey their fuperiors in rank. '
Obedience to Orders fhould be their firft confideration,
and although it may in fome inftances be found irkfome,
it is always, moft indifpenfable. — The baneful effefts of
infubordination have been too frequently experienced,
and requires ferious correftion. Lieutenant John J.
Valentine muft feel fenfible of the extreme lenity
of the Court, and the Major Gene?al hopes it will
have a fuitable influence on his future conduct. His
arreft will be taken off, and he is ordered to return to
his duty. /'
THE divifion Court Martial, whereof Lieutenant
Colonel John Barker is Prefident,js hereby order
ed to convene at the County Court Houfe, in Bofton,
on Wednefday, the fifth day of February next, punctu
ally at 11 o'clock, A. M.
Per Order of the Major General of the firft Divifion.
, JOHN TURNER SARGENT, A. D. C.

Note. — .What ckn be the object of again calling together the
Court Martial that tried Capt. Loring ? if lawful and honora
ble, why has not Capt. Loring been notified to attend it ? and

[ 61 3
why was not the court fefummoned within a reafonable time
after their proceedings had been forwarded to the- Major Gene
ral ? Suppofe the fick member mould never recover from his
prefent illnefs, probably contracted by his long attendance as
one of the court, is Capt. Loring in that cafe to be held im-
' der arreft to all eternity ? br can a new member be appointed
to SEE things through a dead man's eyes, in a diiferent light
from that in which a living man and the reft of the court view
ed them ? or will the Major General innovate fo far upon tlie
conftitution, as to call a new court together for the fame pur
pofe. Perhaps the reafons for keeping back the fentence of the court;
martial is, that if Capt. Loring has been acquitted, fome offi
cers high in power and rank muft be held to anfwer  and if
at the laft Gen. Court Martial in this Brigade, the officers were
liable to be arretted, tried and broken for having preferred a
Complaint againft Gen. Winflow, which never had bfeen tried
except by a Court of enquiry— how much more will Gen. Winf
low. be liable to be arretted and tried fqr having preferred a
Complaint againft Capt. Loring, which he found himfelf unable
to fupport before the Court.
,- Is not the Law made to proteft an officer of every grade ? If
fo — fhall a general officer violate the Laws by oppreffing an in
ferior and be Iheltered with impunity under his Rank ?
No part of the Militia Law authorifes an officer to call a court
martial together after they have tried the Prifoner and difcharg-
ed him, and after they have diflolved the Court, and the Major
General has no right to call a Court Martial, for the Trial of an
officer, without giving due notice to that officer of the time and
place of meeting : and if one of the officers of the court Ihould
die, he cannot appoint another in his ftead, as the Law does not
authorife the Commander in Chief or the Major General to ap
point a new member in cafe of ficfaiefs or death.
On the Contrary, the Law exprefsly fays, " In every Court
" Martial held for a Trial of an officer, not left than two thirds
" of the members muft agree in the fentence or judgement of faid
'.* Court, otherwife the perfon charged {hall be acquitted : also,
" And it fhall be the duty of every officer who fhall appoint a
" Court martial aforefaid, to approve of every fentence of fuch
" Court martial, by him appointed ;" and if five members of ths
Court declare an officer not guilty he ought to be acquitted and
not punifhed by being held in arreft after fuch decifion.
And if an officer is found guilty, and the fentence of the' court
is too fevere, the Major General has a right to difapprove, or to
mitigate it ; but in no inftance to ufe his influence, or to give
his opinion, or to correct the fentence or judgment fo as to make
it mor^evefe—for if the Court have judged wrongfully it is no*
the pfSpnef 's fault— -as men and officers compofmg the military

[62 ]
Jury of our Country, their own honour muft lead them to fup- -
port their own opinions.
The conftitution declares, that " Every fubjed of the com-
'.' monwealth ought to find a certain remedy, by having recourfe
*' to the laws, for all injuries he may receive in his perfon, prop-
" erty, or character. He ought to obtain right and juflicc freely,
" and without being obliged to purchafe it, completely and with-
" out any denial, promptly and without delay ; conformably to
" the laws."
If a murderer is tried before the Supreme Court, and found
not guilty, he is difcharged without day ; but if guilty, he is fen-
lenced to death — and if the Governor fees fit to pardon him, he
has a right fo to do. But in cafe of difcharge, he has no right
to hold the murderer in confinement, or call the Judges or Jury
together to afk them— why did you fo i
Bofton, Jan. 4th, 1806.
William Donnison, Efq. ?
Adjutant General, y
'Sir,
. I takes the liberty to inclofe you a letter to his Ex
cellency the Commander in Chief, and requeft you to
forward it with as much difpatch as poflible — the con
tents of which will fhew the qonfequence fo me, and
being confident of the fupport you wifh to give the
Militia and of courfe the Militia officers, I am fatisfiecL
you will grant me this requeft. ™
I am very refpeftfully
, Your moft obedient and humble fervant.
(Signed) JOSEPH LORING, Jun. Captain cf
Light Infantry, Legionary Brigade,
Pr. General Order,
I certify the above* to be a true copy of Capt. Lo-
ring's letter to Adj. Gen. Donnifon, bearing date Jan.
4,1806. (Signed) JOSIAH BACON, Jun.
(COPY.)
To his Excellency the Governor and Commander in Chief
of the Commonwealth of Maffachufetts.
May it pleafe your Excellency,
HAVING been put under arreft by a Brigade or-
4er figned by Brigadier General John Winflow, for

. t 63 ]
charges alleged againft me by faid Brigadier, (copy
of which you have annexed) and divifion orders iffued,
dated Oftober 10th, 1805, for trial on the 29th of faid
Oftober ; and having been held in arreft 14 days, be
yond the time appointed, by the inattention of fome
officers not notifying me duly and legally the time and
place of Trial agreeably to faid orders, which caufed
further adjournments to my very great unhappinefs
and difadvantage — and believing that there is no pre
cedent to hold an officer to trial beyond fuch time ap
pointed ; where orders are iffued for that purpofe by
the proper officer — I moft refpeftfully reprefent to
your Excellency, that although this was my belief, I
confented to be tried without any hefitation, wifhing
at all times to have my conduct not only as a citizen,
but as an officer, examined and properly inveftigated,
when I was charged ,with any crime againft the State,
or any individual thereof.
And feeling confident your Excellency fofarwifh-
es to guard the Conftitution and Law, that you will
not permit any officer under your command, who is a
Citizen of the State, to be harraffed and injured in his '
jpublic or private fituations.
^ Therefore I take, the liberty moft refpeftfully to in
form your Excellency, that I was arretted the 8th
Oft. 1805, that my trial by fome officer's negligence
as before mentioned, did not begin till the 12th day
of November and by adjournment and other caufes*
was not ended till the 6th or 7th day of December
following, and that my charafter and conduft have
been completely fcrutinized by my profecutors, who
have brought my moft intimate and domeftick friends
to furnifh evidence againft me, andprefuriie the Court
gave every circumftance of the trial its due weight,
and made up their judgment and forwarded it to the
Major General the ,8th or 9ph December laft ; but feel
unhappy to be under the neceffity of informing your
Excellency, that lamftill held under arreft and cannot
hear the refult of my trial, though I have wrote a letter

r 64 ]
to the Major General, (a copy of which is alfo annex
ed) and though it has always been ufual to proclaim
the refult immediately, and in the cafe of Capt. Bra-
zer's trial at Dedham, it was not more than five days
before divifion orders were iffued for this purpofe —
fuch detention, I believe was never known before either
in this country or any other, where Courts Martial
are eftablifhed ; and the eleventh article of our decla
ration of rights I prefume to think does not allow it,
which fays, " Every fubjeft of the Commonwealth.
" ought to find a certain remedy by having recourfe
" to the lawsi for all injuries or wrongs which he may
" receive in his perfon, property or character^ he
" ought to obtain right and juftice' freely and without
" being obliged to purchafe if, completely and without
"sany denial, promptly and without delay, conforma-
" bly to laws." Nor does a paragraph in the militia
law paffed June 22d, 1793, Seftion 35, which alfo fayS,
" In every Court Martial held for the trial of an offi-
" cer, not lefs than two thirds of the members muft
" agree in the fentence or judgement of faid Court,
" oth^rwife the perfon charged fhall be acquitted."
I am fully aware of the trouble I may caufe your Ex-?
ceftency, but being perfuaded this will be a trifling con-
fideration when you know it is in your power by act
ing agreeably to the Conftitution and law to relieve
any officer under your command from anxiety, and
which relief I have the fatisfaftion to think you will
grant, when you take into refleftion that the feverity
of being held in arreft, as I have been is greater than
the Martial Law allows in aftual fervice, paffed Octo
ber 24th, 1786, article 5 lft, which fays, "Nooffi-
" cer or foldier who fhall be put in arreft or imprifon-
" ment fhall continue in his confinement more than
" eight days or until fuch time as the Court ean be
" conveniently held."
1 therefore hope your Excellency will caufe me to
know the refult of my trial held before the Court
Martial in this place, Lieut. Col. John Barker acting

C 65 ]
asPrefident — by iffuing your orders that the fentence
or judgment of faid Court Martial may be publicly de
clared ; and that I fhall have a certified copy of the
whole of my trial ; that I may be relieved from fufpenfe
and arreft, which caufe me anxieties that every 'one
muft feel in my fituation, after his conduft and char*
after have been the topics of converfation with all
claffes of people. <
I need not more particularly ftate to you the ill ef
fects of. an arreft, being pofitive your Excellency muft
be aware thereof and feel the juftice of my requeft,
when it is my right by law to be acquitted, unlefs two
thirds of the members on the Court Martial agree in
the fentence or judgment againft me. I will now witfy
due fubmiffion and refpeft, requeft your Excellency's
attention to the remonftrance I forwarded you the 28th
July, 1805, fince which at a Brigade review and in
fpeftion commanded by Brigadier General John Winf
low, I have been, with , a commiffion, dated Auguft
15th, 1803, placed under Capt. Daniel Meffingerand
Capt. Charles Davis, holding and acling under com
miffions dated June 25, 1805, contrary to their elec*
tions to the companies which they command, by
which an*ngement I have been degraded in rank con
trary to the conftitution and law, and againft which
I prptefted, which was one of the charges againft me.
Believing that every commanding officer ought to pof-
fefs a proper refpeft and attention for the commiffion
iffued by your Excellency fupported by the Govern
ment, I am fatisfied you will notice this degradation of
rank, not only for the fupport of the militia but the law
of the State, it being contrary to the right of my com
miffion, to which I was duly qualified agreeably to my
eleftion by the company which I enlifted, and that
your Excellency will be pleafed to iffue a counter order,
that I may be reinftated in that rank which my com
miffion muft give me, and which I have never forfeited,
isnkfe the Court Martial before mentioned have judg-
I

[ 66 ]
ed by the militia law that I have, in which event this
requeft will be of no confequence until a future day.
With due refpeft I have the honor to be
Your Excellency's moft obedient
and very humble fervant.
JOSEPH LORING, Jon. Capt. Light Infantry,
Legionary Brigade, Pr. General Order.
Now under arreft.
I certify the above to be a true copy of Capt. Lo-
ring's letter I delivered to Adjt. General Donnifon,
Jan. 1806. (Signed) JOSIAH BACON, Jun.
Note. — The Adjutant General informed Capt. Loring that
he forwarded the above letter, and on inquiring of the Com
mander in Chief refpefting it, his Excellency anfwered, " that he
had no doubt but that General Elliot would do right."

The Court met on the 5th of February, 1806, agreea
bly to Divifion Order of December, 24th 1805, and
adjourned to the 25th February of the fame month,
becaufe one of the members was fick — fince that time
the following Divifion order was iffued.

Commonwealth of Massachusetts.
In Council, February 14th, 1806.
HIS Excellency nominated Capt. Daniel Meflinger
as Major to the Sub Legion of Light Infantry in Bof
ton ; the officers after feveral' trials made no choice.
To whofe appointment the Council advifed and coh-
fented. Copy. Atteft. JOHN AVERY, Sec'y.
15th of February, 1806. Transmitted by Order of
the Commander in Chief.
(Signed) WILLIAM DONNISON, Adj. Gen.

DIVISION ORDERS.
Bofton, Feb. 11th, 1806.
Brigadier General Winflow will communicate the

/[ 67 ]
above, obtain an anfwer, and make return as "foon as
may be.
The Divifion Court Martial, whereof Lieut. Col.
John Barker is Prefident, ordered to convene, and
having met at the County Court Houfe in Bofton, on
Wednefday the fifth inft. and then adjourned to Tuef
day the twenty fifth, in confequence of the abfence of
one of the members by ficknefs ; the faid member con
tinuing under fevereindifpofition, the meeting of the
Court is hereby fufpended until further orders.
The Brigadiers will caufe this notice to be given to
to the feveral members of the Court, with the utmoft
difpatch. The vacancies in the feveral Brigades will be filled
up from time to time as they may occur, and the Brig
adier Generis are permitted for the fpace of fix
months from 'this date, to iffue orders to that effeft ; as
foon as the vacancies are fupplied, they will furnifh
the Major General with a correft roller.
(Signed) SIMON ELLIOT, Major General, .
Firft Divifion, Majfachufetts Militia.

To the Honorable Senate and Houfe of Reprefentatives of
the Commonwealth of Majfachufetts, in General Court '
pjfembled,
THE MEMORIAL OF JOSEPH LORING, jr.
respectfully represents, ,
THAT he holds a commiffion, as Captain of the
Wafhinpon Light Infantry, fo called, a uniform com
pany raifed by voluntary enrollment, in the town of
Bofton, in obedience to divifion orders June 7, 1808,
figned by his Excellency, Caleb Strong, as Gov

ernor.

That after furmounting many difficulties in uni
forming, organizing and difcipliningfaid company, he
paraded with them at a general review on Bofton
Common, on the 30th Oftober,: 1804 ; and took his

C 68 ]
rank agreeably to the date of his commiffion, and
agreeably to direftions from Brigadier General. Wins
low, which rank and date of commiffion carried
him above Capt. Charles Davis, commanding the com
pany called the Bofton Light Infantry, and whofe
commiffion bore date in June, 1 804, nearly a year pof-
terior to that of your memorialift.
The faid Capt. Charles Davis, was commiffioned
as a captain of a (landing Militia Company of Ward
No. 12, in Bofton, on the 12th* of April, 1803.—
That he relinquifhed his command, and ceafed to
act under his faid commiffion, and was chofen Capt.
of the Bofton Light Infantry, in June, 1804 ; and re
ceived from his Excellency the Governor, a commif
fion bearing date in June, 1804 ; conformably to
his eleftion, and by virtue of the date of his laft
mentioned commiffion, took rank below your me
morialift, on all occafions, and particularly on the
public parade, at the general mufter on the 30th Oc
tober, 1804. .
But may it pleafe your honors, the Governor and
Council, in June, 1805, fawfit to order that the faid
Capt. Charles Davis fhould receive a new commiffion,
bearing date June 20, 1805, containing a claufe 'in
the body of faid commiffion, that he, the faid Davis,
fhould take rank from the 12th* of April, 1803, the
date of his firft commiffion in the Militia, which he
had long fince refigned.
By which order and commiffion the faid Davis was,
in the opinion of your memorialift, authorifed to
fuperfede the fubfcriber, who, had for about a year
been confidered as fuperior in rank to the faid Cap
tain Davis.
This order of the Governor, authorifing an officer.
to take rank from a period different from that of the
Mate of his commiffion, your memorialift has e^%r con
fidered as contrary to the law of this Commonwealth,;
paffed June %2, 1793, which exprefely fays,," that all'
* Cth'of April, 1803,

C 69 ]
officers fhall (take rank according to the date of their
commiffions, except in cafe of two officers of fimilar
grade, iiaving commiffions of the fame date ; then,
and in that cafe only, their relative rank fhall be de
termined by lot or by prior pretenfions." Relying
upon this law of the Commonwealth, ypur memorialift
has never ceafed on all proper occafions to bear tefti
mony againft an arrangement which he confiders as
calculated to fuperfede and degrade him, and to com
pel him to refign. But knowing it to be in purfuance
of an order of theo Cmmander in Chief, your memo
rialift has been determined to conform himfelf peace
fully and refpeftfully to this arrangement, until by
proper representations he can obtain the revocation of
an order," thus unjuftly operating to his difadvantage.
And not only to his perfonal difadvantage and mortifi
cation, but to the degradation of his whole company,
who having voluntarily enrolled, uniformed, and equip
ped themfelves, confider this as a grievance to them-
felvesas well as to their captain — And it is now found ve-t
ry difficult to induce them to turn out with that alacrity,
fpirit and pride, for which they were dHlinguifhed be
fore the date of this order of the Governor, in June
¦laft, which -has thus authorifed the Bofton Light Infant
ry, commanded by Capt. Davis, to out rank and fuper
fede the Wafhington Light Infantry, commanded by
your memorialift.
And your memorialift begs leave further to repre
sent to the honorable Legiflature, that on the 30th
of Sept. laft paft; being a day of general mufter of
the Bofton troops, under Brigadier Gen. John Winflow \
on Bofton Common ; after your memorialift had been
difmiffed from the field, he fubfcribed and forwarded
a proteft againft being placed in the line below the
faid Capt. Davis, whom he had formerly commanded,
arifl one Capt. Daniel MefTenger (fince that timepro-
moted to the rank of Major, by the appointment of the
Governor) both of whofe commiffions bore date pof-
-terior to, that of your «en}iprialift, with fimilar unpre-

[ 70 ]
cedented claufes, giving to each of them a rank fupe
rior to your memorialift, in the body of a commif
fion of nearly two years more recent date than that of
your memorialift.
To the alleged offence of prefenting this proteft,
although drawn up in modeft and refpeftful » terms,
your memorialift, was by Brigadier General John
Winflow, on the 7th of Oftober, put under arreft ;
and a Court Martial was, by Maj. Gen. Simon Elliot,
ordered for his trial ; which court convened on the
29di Oftober, 1805, • '
But through a negleft of the Brigadier General, or
his Brigade Major, your memorialift did not receive
the notice of the. appointment of the time and place of
trial within the time prefcribed by law, which caufed
a delay till 1 9th of November, before the court en
tered on his trial. That after entering on his trial,
the court continued till the 9th of December, exam
ining witnefles againft him and deliberating on the
matters fubmitted by his profecutor for their confider-
atidn. And your memorialift has reafon to believe,
that the court then, after a full examination of twenty
witnefles, produced by the profecutor, made up their
opinion of his charges ; and that they in due time
and in due forth, fent the refult of their deliberations
to the honorable Major General Simon Elliot, the of
ficer who ordered the court, and whofe duty it is, or
ought to be, feafonabiy to promulgate the fentence of
the court, whether it. be for or againft the perfon on
trial. Now, fo it is, may it pleafe your honors, that al
though your memorialift from his confcious innocence
and uprightnefs of intention is perfuaded that the re
fult of that enquiry would, if made known, prove in
a high degree favorable to his charafter ; yet the
Major General of the firft divifion has feen fit hither
to to fupprefs it, and thereby keep his prisoner's ac
quittal or condemnation a profound and impenetrable
fecret from him and from his friends.- By" which

I n ]
means the character of your memorialift is hung up
in an embarraffing fufpenfe between guilt and inno
cence ; and is liable to fuffer injurious imputations
from fuch of his fellow citizens as at a diftance heard
of his arreft and trial,, and had not the opportunity of
attending and witneffing the futility and groundlefs-
nefs of the complaint againft him.
And your memorialift begs leave further to ftate,
that after waiting for upwards of twenty days from the
time the proceedings againft him were handed to the
major general, viz. on the 24th December, he wrote
a letter to the major general, in decent and becoming
language, requefting that the event of his trial might
be promulgated as early as confiftent with the gene
ral's convenience, and a tender regard to the wound
ed feelings of the perfon accufed, To this application
the major general has never feen fit to vouchfafe an
anfwer. And your memorialift further flates, that his bufi-
nefs calling him to a diftant part of the Union, he felt
induced by a refpeftful letter, addreffed to the Com
mander in Chief, to folicit his ' attention to a matter
which might be deemed .within his cognizance, and
by which your memorialift felt himfelf fo efientially
aggrieved. $ut from no quarter has he yet obtained any re
lief,' or even the flighteft attention ; although it is
known that his fituation is fuch as to make if very
improper, and embarraffing to his affairs, thus to be
detained in arreft for fuch an unreafohable and ille
gal length of time.
Wherefore, may it pleafe your honors, as there now
appears to be no tribunal to which your memorialift
can appeal with any profpeft of attention and redrefs,
except to this honorable court, and having been un
der arreft nearly five months, ignorant of the event
of the fevere, tedious and protrafted trial, which he
has been compelled tofuftain, degraded from the rank
which he had never forfeited by any unmihtary con-

I ?2 3.
duft, or negleft of duty ; and unneceffarily detained
by reafon of arreft for nearly half a year, from the
profecution of his own private and commercial con
cerns ; he moft humbly requefts this honorable court
not to turn a deaf ear to this his refpeftful complaint
— that they would, in their wifdom, their juftice, their
humanity and their mercy, take fome legiflative flepg
(fince all others feem ineffeftual) to reftore him to his
rank, and to difcharge him from an arreft under
which he has been fo long, unreafonably held, by
which he has fuffered great injury in his pecuniary
concerns, and by which it is poffible his good name
(dearer than life to every man worthy of a commiffion,)
may labor under the moft injurious imputations, un
lefs fome mode can be adopted whereby his condem
nation or his acquittal may be fpeedily known.
If it is expedient and proper that an officer fhould
be put tmder arreft, and detained from the purfult of
his lawful bufinefs for half a year ; it is hoped the
Legiflature will fee fit in their wifdom to grant him
at leaft a pecuniary remuneration to which his com
miffion would entitle him in aftual military fervice.
But if, on the other hand, your honors fhould be
of opinion that the time your memorialift has been un
der arreft is unreafonable; illegal and oppreffive ; he
humbly hopes and trufts the legiflature will interfere
with their fovereign hand and reftore him to his com
pany, to his family, to his friertds,, and to the .world,
with that untarnifhed reputation which he, has ever
through life fuftained, and to which his confciouss in
nocence induces him to believe the event of his trial
will ultimately prove favorable— and as in duty bound
will ever pray.
JOSEPH LORING, jun.
Capt. Wafhington Light Infantry.
(Now under arreft.) '
Bofton, Feb.. 21, 1806.

C 73 ]
To the Honourable Senate and House, of Represen
tatives of the Commonwealth of Maffachufetts, in
General Court ajfembled — The Petition of the fub fn-
bers, Members of the Wafhington Light Infantry
Company, by General Order, in Bofton, 'latch com
manded i/Capt. JOSEPH LORING, Jr. "
Moft refpeclfuHy fhews,
THAT they enrolled themfelyesJ as members of faid
company, in order to acquire more expertnefs in mili
tary exercifes, than it was practicable for them to ob
tain in the' ftanding militia companies of the town of
Bofton. — That they uniformed and equipped them
felves in the beft manner, and attended to their duty*
with alacrity and pride, until the laft autumn, when
they found themfelves (bv virtue of an order from the
Commander in Chief of this State) degraded from that"
rank and ftation which they had been accuftomed to
hold in the line.
Unwilling to lofe the rank which they had held' for
a year, and which they had never forfeited by any pre
vious unmilitary conduct, or neglect of duty — the pri
vates of the Company thought proper not to appear on
parade on the 30th of Sept. laft, when the reft of the
troops of Bofton were muftered on the Common.''
For this neglect of the privates, Brigadier Gen.
John Winslow, on the 8th Oct. law fit to arreft Capt.
Loring, on fundry charges exhibited againft him by
the Brigadier General, and the Hon. Simon Elliot,
Major General of the 1 ft Divifion, faw fit to order a
Court Martial, to try the truth or falfe hood of Gen.
Winflow's complaint.
;But- we proteft and declare it was not, nor could it
be, with Capt. Loring's knowledge or content that the
privates of his company . neglected to appear; for. he
had been out of Bofton, and out of the State, confined H
by bufinefs and by ficknefs, for feveral weeks immedi
ately preceding the day of parade, and could not po'ffi-
bly be acquainted with the intentions of the privates of
his company.

C 74 ]
The Captain, fubalterns, the non-com miffioned Offi
cers, and the mufic, all turned out as ufual, obeyed or
ders, faithfully and punftillioufly marched to the pa
rade, formed in the line at the time and place ordered,
and where they continued until they were, by General
Winslow, difmiffed from the parade.
And yet for a negleft which belongs folely and ex-
clufively to the privates, and for which the privates
have fuffered the pecuniary penalty which the law pre-
fcribes— The faid Capt. Loring has Bteen held under
arreft from the Stir of Oftober until the prefent day —
contrary, as we humbly conceive, to the "2d chapter,
lft feftion and 10th article of our Conftitution, which
fays, " No officer duly commiffioned to command in
*i the militia, fhall be removed from his office, but by
" the addrefs of both Houfes to the Governor, or by
" fair trial in Court Martial, purfuant to the laws of
" the Commonwealth for the time being."*
Now we are confident that both Houfes of .the Le
giflature have never yet addreffed the Governor in or
der to procure his removal, nor can we be perfuaded
that his character has fuffered the flighteft flain from
the fcrutiny through which it has paffed before that
Court Martial, whofe opinion, fentence, and award,
the Major General (for fome myfterious caufe) has
feen fit to fupprefs ever fince the 12th of Dec. until
the prefent time.
" The laws of the Commonwealth for the time be-
" ing," exprefsly fay, that " unlefs two thirds of a
" Court Martial agree to find a prifoner guilty, he
" shall be acquitted." It is humbly conceived there
is no option and liberty in the hands of the Major
General, to alter the fentence of a Court Martial,
except on the fide of lenity and compaffipn ; in which
cafe, if he deems their fentence taofeveret jit h within
his difcretion to render it more mild, if he pleafe.— If
* Capt. Loring is to all intents and pur poles removed from his Command
in the Militia : not by the Governor on the addrefs of both Houfes, nor by
a fair trial in Court Martial :— of courfa unconstitutionally.

L W ]
an officer, after enduring a two months examination, can
legally be detained in arreft feveral months after that,
why may he not be detained a year? Nay forever?
And thus be fet afide and crouded out of fight in a
way different from thofe two modes which the Con
ftitution prefcribes, as the only means by which he can
be removed. .
We look upon the degradation of oar , Company
from the fecond to the third flation in $e line— and
rfter that the detention of our Captain in arreft for
nearly half a year — as expedients of policy, calculated to
effeft the "diflolution of a company which had never
given any juft caufe to be viewed with an evil eye by
any perfon in authority over them. We look upon
fuch an unprecedented length of arreft, if it is juftifi-
able, to be of very deftruftive teildeney to the Militia :
for if one officer may be. detained five months from
his command, another may be detained an equal length
of time, with equal propriety ; and thus it will become
practicable in the time of invafion or infurreftion, to
favour the defigns of the enemy ; to deftroy the Mili
tia, by deftroying their choice of officers ; and under
pretence of trying him for fome frivolous -complaint,
to fender ufelefs and inactive the moft meritorious of
ficer, who happens to be obnoxious to fome of his fupe-
riorsTherely dn account of his loyal attachment to the
National Government and its adminiftration.
May it pleafe your Honours,
It appears from all accounts that the external rela
tions of our country are at prefent in a critical fitua-
tion ; and it is not impoffible -but that our Prefident
may foon have occafion for the fervices of all the uni
formed and difgiplined companies throughout the
Union, who may be willing to volunteer themfelves
againft the^difturhers of the public peace. In fuch a
crifis we wifh not to have our hands tied up in that
awkward and mortifying manner in which they are now
confined.

c: 76 ].
It is not impoffiblp but that our Company may be
ready and ambitious to proffer our united fervices in
vindication of our national rights : — in fuch a cafe we
fhould wiffi to be led to the field by the Captain of our
choice, of unbletnifhed reputation, under whofe com
mand we have enrolled and difciplined ourfelves, and
for whofe Military qualifications we profefs the moft
unreferved cpnfidence and refpeft — Wherefore, may
it pleafe your honours, we moft humbly pray that fome
legiflative provlfion may be* made — either to difband
our company entirely— or to liberate our Captain from
his long, tedious "and embarraffing arreft.: — Lei pun-
ifhment fall heavy where it ought, — but refcue the in
nocent and weak from the caufelefs ¦xa.dprotracled grafp
of the firong ; and tie up the hands of thofe who
abufe the authority which the law feems with too in
cautious liberality to have confided to their difcretion.
And in duty bound will ever pray.
[Signed by the non-commi ffio?ied Officers, and Privates,."]
Bofton, Feb. 22, 1806.

Note to ihc Council's opinion of a Transfer, fee page ? 23.
i
Captain Loring and his company -wen regularly transferred (though not by
their confent) from the Infancy to the Light Infantry, by general order, June
20, 1805, which \w cohtormably to the proper idea of a transfer — but can
any officer fay, that Captains MefTenger and Davis were transferred with their
companies to the fub legion ot Lights Infantry ? No ! — Captain MefTenger
commanded Ward No. 10,' Oclober 11th, 1799, the date of his commiffion ;
which Ward was divided by the Major General's order, April SO, 1801, and
the uniform part detached to the fub legion of Light Infantry, to make a
volunteer company, to be called the Wiiiflniv Blues — contrary to the extrad:
of general order, Auguft 2, J 7 98, in the Major General's letter to the Gov
ernor, f;e page 19; which fays, "That the companies of Cadets and Fufileers,
with onss or two companies raifed at large in Bofton, under the direction
and difcretion of the Major General, form a fub legion of light troops, to be
commanded by the lenior officer prefent belonging to faid corps, (-which or
der hjs'tieiicr been cou?:tcrn:dt:J:.!.)
Capt. Charles Davis commanded Ward No. 12, April 6, 1803, the elate of
his commiffion when elected. In June, 1804, there was a vacancy in the
Bofton Light Infantry, (by the refignation of Capt. Sargent) the members of
which elected Capt. Davis tb that command; who accepted and received a
commiffion dated June 7th, 1804, and quit his old command — as Brigadier
General Winflow informed Colonel Badger (by his requeft) that Ward No. 12,

C 77 ]
which Capt. Davis commanded, was -vacant by laid Capt. Davis's Accepting
the command of the Bojlon Light Infantry. To each of the Ward companies
No. 10 and 12, orders were iffued for a new choice; and captains were com
miffioned to them — how could thofe orders be legal without a vacancy ?,
To illuftrate this note more fully — there is information of two inftanices ,
nearly fimilar, that took place in the 3d divifion, fome years fince.
Capt. Hardy and Capt.  (fuppofed to be Capt. Beard)' of Tewkfbury,
commanded each a company in that town ; and the companies being fmall,
the town petitioned that they migh£ be formed into one company, which was
granted — and the officers voluntarily agreed to refigu their commands —
orders were then iffued for a new election, Captain Hardy was again elefted
and received a new commiffion, dated when elected, and by the date of that
new commiffion he held his Rank.
Captain Page held a captain's commiffion in Concord, be removed toCharlef-
town, and then removed to Bedford ; in which place he was again commif
fioned as a captain, by receiving a new commiffion conformably to election
or appointment, and took his rank accordingly. In both thefe inftances no
notice was taken of old commiffions.

APPENDIX.

THE following documents willfhow what difpofition ex-
ifted toward the Wafhington Infantry in 1803; and
alfo, that Major General Elliot, in the autumn of that
year, affumed upon himfelf to prohibit any companies
from turning out during thatautumn, except inch com
panies, raifed at large, whofe anniverfaries had not
been celebrated ; thereby compelling the regular ftandz
ing companies, who had not performed their tours of
duty prefcribed by law, to defer or totally neglect
their unfinifhed duty, and thereby render their cap-
. tains liable to be tried by a court martial ; or elfe to
perform the refidue of their duty in the winter.
REGIMENT ORDERS.-
Boflon, Sept. 23„ 1803.
IN conformity to Brigade Or Jfrs of Aug. the 22d the feveral
Sub Legions of Infantry are directed to parade on Tuefday Oct.
it, on their feveral Sub Legionary parades at 9 o'clock, A. M. and
to march from thence to the common where they will form the
line for review at a quarter before ten o'clock.
It is expected the Majors will ftriftly attend to the time, nor
wait for any company not timely on parade. The Captains
will "diredt their men to bring no cartridges as they will be fur-
nilhed therewith on the parade and will alfo take back what
fhall be left when the duties of the day are oyer. The Captains
will make return of their men to the Selectmen immediately, for
the powder allowed by law.
Capt. Loring's company of the fourth Sub Legion will pa
rade (at fuch place as he may appoint) at the fame hour and
proceed in like manner to the common for review.

[ 80 ]
The Lieut. Col. flatters himfelf that the appearance, equip
ment and behaviour of the men compofing the Legion of Infant
ry, will be fuch as will reflect honour pn themfelves and irnprefs
fpectators with the refpedt due lo.freemen in arms.
By order of Lieut. Col. Gardner. GEO. BASS, Adjt.

¦ REGIMENTAL ORDERS.
The parade ordered on the 4th of Oct. is counter ordered.
Major Jofeph Pierce and Thomas Brewer are appointed Aids
de Camp pro tern, to the Major General and are to be obeyed
accordingly. R. GARDNER, Lt. Col. Com. Leg. Reg.
Bofton, 26 Sept. 1803.

Note. — The officers in the regiment, had agreed to give a dinner after
the Parade of the 4th Odlober, and to invite, the Major General, the Brigadier
General, the Field Officers of the Brigade, the officers of the Antient and Honour
able CoMfany and the officers of the fohmteer Corfs raifed at large, &c. &c.
They were greatly difappointed by the above Regimental order of the 26
./Sept. J803 — predicated on Divifion Order. Therefore they agreed to have
an Oration delivered on the faid 4th Oclober, by one of their officers, and to
dine together, and to invite the Wafhington Infantry to do the efcort duties —
and conformably thereto made choice of Captain Charles Davis, who then
commanded WarcLNo. 12, and who declined the honor; they then chofe En-
fign Charles P. Sumner who accepted, aiid the committee were making ar
rangements accordingly, when the order of Sept. 28th 1803, was iffiied,
which fruftrated their pleating expectations.

DIVISION ORDER.
. Bofton, 28 Sept. 1803.
Brigadier General Winflow will iffue orders prohibiting any
military parade in his Legion this Autumn except fuch compa
nies raifed at large whofe anniverfary comes within that time.
By order of Majjfc General Elliot.
(Signed) JOS. PEIRCE, Jr. A. D. C. Pro Tern/

BRIGADE ORDERS.
Bofton, 28 Sept. 1803.
Lieutenant Col. Gardner will notice the Divifion Order above
copied and govern himfelf 'accordingly.
By Order of the Brig. General.
(Signed) GO/BLANCHARD, B. M.

REGIMENTAL ORDERS.
Bofton, Sept. 30, 1803.
The Officers of the Legionary Regiment are directed to take
uie notice of the above Orders. t
ROBT. GARDNER,' Lt. Col. Com'. Leg. Reg.

r si ]
Note.— This is the famous " PROHIBITORY ORDER," fo called in Bof
ton ; which created much uneafinefs, and difficulty ; and no doubt paved
the way for expenfmc Court Martials, and of courfe the deftruaion of offi,
cers, who are now valuable citizens— But upon reflection, or advice, the
Major General after the expiration of fome weeks, countermanded his " pro
hibitory order," and permitted the Infantry (of whom the W. Infantry was a
part) to do duty according to the requirements of the Law.
The Cadets, Bofton Light, Infantry, and Winflow Blues, hadnot celebrated
their anniverfary, at the date of the order of Sept, 30, 1803, (as wa» then
faid.) Bofton, OBoher 4>th, 1803.
Lieut. Co(. GARDNER,
Sis, Having received your orders of 30th inftant and prefuming
from the expreffion of the divifion order, that fays, (" except fuch
companies raifed at large, whofe anniverfary comes within that
time") does not mean the company which I have the honor to
command ; as we have not had an anniverfary, though it was a
vote of the company, before I received the order — I therefore
requeft in writing, if agreeable, an anfwer to this point, whether
it is meant to prohibit our intended parade, and with pleafure
fhall in every inftance do my duty.
- With' due refpeft, I am your moft obedient.
(Signed) JOSEPH LORING, Jun. Capt,
of Wafhington Infantry.

Bofton, OEloher 5th, 1803.
Brig. Gen. W IN SLOW,
&IR, .
The members of the lft company of the fourth Sub Legion of
Infantry have applied to me to know, whether they are included in
the prohibitory order of 28th Sen^ or whether, being a company
raifed at large, uniformed at theirwwn expence entirely, and, hav
ing previously to receiving, the prohibitory order, voted to eftab-
lifh the 13th October as their annual Feftival, they are at liberty
fo to do without incurring the difpleafure of their fuperior offi
cers or infringing faid order.
I feel under fuch embarraffments on theoccafion, from hav
ing unhappily differed in opinion from my fuperior officers, that
I aflt the folution of this queftion from you.
And am with due refped yours, &c.
(Signed) R. GARDNER, Lt. Col. Com. Leg. Reg.
Bofton, 03. 7, 1803.
Lieut. Col. R. GARDNER,
Yoor's of the; Sth is before me, I conceive all the troops in
this Town, who- have not an anniverfary to celebrate, are com-
L

r **2 ]
prifed in the Orders of the 28th September, but if Capt. Loring's
company of Infantry, have a wifli to make a public appearance
this Fall, on their fignifying it, I will make application to the
Maj. Gen. for his permiflion, as I wifli to' gratify all under my
command as far as is in my power.
I am with refpect, yours, &c.
JOHN WINSLOW, B. G. Sub Legionary Brig.

Bofton, Oa. 9, 1803.
Dear Sir,
I forwarded your requeft to the Brigadier General, his an
fwer is that you (not having an anniverfary) are prohibited pa
rading your company by the Divifion Order of 28th' Sept. But
you may be indulged perhaps if you will iignify it to be your
wifh. Yours,
R. GARDNER, Lt. Col.
Capt. JOSEPH LORING, Jun.

Bofton, Oaober 10th, 1803.
Dear General,
Inclofed is a communication from Capt. L°ring of the 4th
fub legion of Infantry in anfwer to the one received from you
which I communicated. <
Amidft the various opinibns entertained upon the points re
ferred to— though I have my own decided opinion ; I do not
give it to him, but again refer the iubject to you.
> If the object is to humble the militia, before the Independ
ent Corps (fo called) you cannot fuppofe the defcendants of
o»r revolutionary Fathers can fubmit to any degradation not
bottomed on the ,laws of their country and without precedent.
If the improvement, of the militia is a defirable object, the
means are neither complicate ^r degrading.
If the officers of the legionary regiment have done wrong
and are in error, they only want to have it pointed out and fup
ported and any reafonable conceflion will be made becoming
gentlemen. I have the honor in great fincerity to fubfcribe.
Dear Gen. your obed. fervt.
(Signed) R. GARDNER, Lt. Col. Com. Leg. Heg.
Brig. Gen. Winslow. > -

Solon, Oaober 10th, 1803.
Lieut. Col. Gardner,
Dear Sir,
Your anfwer of the 9th received this day to mine of the
4th I obferve fays, that I am prohibited by the divifion order
of the 28th September parading my company (thtmgh raifed

[ 83 ]
at _ large) this autumn agreeably to the Brigadier General's
opinion; but may be indulged perhaps if I fignify it— which I
think I have done in my letter of the 4th inftant, as the com
pany had fixed the intended parade agreeably ,to a vote re
corded in orderly book ; before the prohibitory order arrived,
and I agreed to it — but as that feems to be of no confequence,
I with to be informed ; whether all other duties of captains are
prohibited which are laid down in the law paffed June 2'2d 1793,
which fays, Seftion 21, " that whenever ^commanding officer of a
"company fhall think proper to call 'his company together, or fhall
" be ordered by his fuperior officers to do it ; he fhall iffue his
" orders therefor, to one or more of the non commiffioned
" officers, &c."
Further — " and whenever a company fhall be deflime of com-
" mifftoned officers, and the commiffioned officers of the regiment
" or battalion to which fuch company belongs, fhall think prop-
" er to call out fuch company, he fhall direct his orders to one or
*' more of the non commfjioned officers of faid company, who fhall
" have full power and authority to warn, affemlle, lead, order, ex-
" ercife and govern faid company." , ¦
Section 30th. " That every captain, or corrlmanding officer
* of a company, who fhall negleS or refufe to call out his com-
" pany as often, as the law requires for difcipline, and on the
" firft Tuefday of May for a view of arms, as direfted by this
** act, or at any other time when thereto required by his fupeT
" rior officer — or fhall at any time excufe his men for unnecef-
" fary abfence.or deficiency, fhall be tried by a court martial
" —and if thereof convicted he fhall be reprimanded in orders
" or removed from office at the difcretion of faid court."
Paffed March 4th 1800 — Section 5th. " That when any
" company fhall be paraded — the captain or commanding of-
" 'fleet of fuch company is hereby authorized, and impowered
" verbally to warn the perfons fo paraded, to appear -at fome
" future day not exceeding forty days ; and 'fuch warning
" fhall be deemed to be legal ; as it refpects all, the rperfons
« prefent." '
This is in appearance the law that regulates captains of com
panies who hold commiffions in the militia of this State — and
for my own part I don't fee what, law makes it necefTary for
m£ to afk permiflion to call out my company ; andas I have
never heard of a requeft to parade a company^— I cannot fee it
my duty by law ; to prefer one to my cqlonel from whom I re
ceive my orders — as my oath fays -** that I will faithfully and
" impartially difcharge and perform all the duties of my office
" incumbent on me as captain accorning to the beft of my abili-
", ties and uderflanding — agreeably to the rules and regulations of
" the Conftitution, and the laws of this commonwealth." ,
And in my laft letter to you of the 4th inftant — mentioned

[ 84 ]
i . j
that the gentlemen forming the Wa<hingion Infantry, Which I
before obferved had voted the day for their anniverfary — I
agreed to it prefuming it was for the good of my country — to
perfect as far as in my power, fuch a number of refpeftable
young men in the regular military rule and difcipline, and who
I am fatisfied will not difgrace the uniform corps of this or any
State — arid Sir, from information, I find fome companies raifed
at large do not celebrate the real day of their anniverfary-^-\£, they
do it this autumn — therefore as I am informed -of their coming
out I prefume they did agreeably to the law of this State, for
difciplining their men, which I think I am alfo obliged to do
agreeably to the law, my commiffion and my folemn oath — and if
I am abridged of this priviledge ; I cannot conceive of the
proper caufe. With refpect I am your moft obedt'.
JOSEPH LORING, Jun.
Captain of W. Infantry.

To Major General Elli6t tf the firft Divifion of the Militia,
of Majfachufetts.
The memorial and Remonftrance of the Subfcribers, officers.
in the Legionary Regiment- in faid Divifion moft refpectfully
fhows.  . *
That they have always been in the habit of attributing to
the beft of. motives, whatever has been directed by you ; fince
they have had the honor ^o ferve under you-r-That your pru
dent council, your urbanity* and native goodnefs have and.flill
do command our higheft confideration, and they lament that
any event has taken place, conceived by you as done or intend
ed by us, which fhould induce you to withdraw your confidence
from officers fo devoted to you, and fo happy when in their
power to give every Evidence of their high refpect.
We could (were it neceffary) in fupport of thefe affertions
and in proof of our intentions to cultivate harmony in the Brig
ade, fliow that we have filently fubmitted-to wrongs (not from
you) until they have fo accumulated, that longer filence would
be criminal — of thefe however hereafter.
It is now »vith the deepeft regret that we feel it our duty to
femonftrate againft the prohibitory divifion order of 28th Sep
tember as unconftitutional — unlawful — and oppreffive — for the
following reafons.
First — Unconftitutional — Becaufe we believe it to be a con-
ftitutional principle in moft Countries — incontrovertibly fo in
this — That the' military power is fubordinate to the Civil —
Secondly — Unlawful, becaufe the militia acts of this Com
monwealth — from whence all military power ( under the Com
mander in Chief) is derived — have made it a duty jn the Cap-

[ 85 ]
stains of Companies to require certain militia duties, to be done
yearly (which have not been done this prefent year in this Regi
ment) and have made it criminal in them to omit it, and liable to
the Sentence of a Court martiak  , '
Again— Unlawful, becaufe. it abridges the officers of the pow
er placed hi their hands by the Government* and for the right
ufe of which they are amenable only to the Laws of their coun
try. Again — Unlawful, becaufe the militia being the nataral bul
wark of the Country, can only be reforted to in cafe of any fud-
den Riots or InfurrecTtons — fhould either of which take place at
the preterit moment— the affembling of the Militia to quell them
would be (at leaft for a time) impeded by the operation of this
prohibitory Order and particularly fhould you be abfent 
Thirdly — Oppreffive — becaufe the only time left for the of-i,
ficers to complete the duty required of them by Law — is the
winter month. December ; and to call men out at that.feafon
would expofe their health wantonly and may terminate to the
freat injury of Families, who by the lofs of their fupporters may
aye wretchednefs and mifery entailed upon them forever.
Thefe are our fentiments and thefe are our fears — we beg
they may have your difpaffionate and careful confideration, and
that you would again fo far honour us with your confidence, as
to explain to us, that they are without foundation and grourid-
lefs, or that the faid prohibitory order may be countermanded.
Be affured Sir our moft refpectful confideration for you is ftill
unfhaken, notw'ithftanding the appearance of diftinction made
between the conftitutional legitimate Militia and Corps raifed
at large, which might under other confederations mortify and
affect us the more.
We alfo refpedtfully affure you of our earneft defire to "har
monize with our brother officers of the Brigade ; but we con
ceive ourfelves under injunctions by faid order, to refrain from
all military parade during this Autumn, by means of. which we
have been deprived, and muft. ftill be more fo of the pleafure
of affociating with them as has been ufual.
Should any thing in this application be conceived to favour
of intemperance or warmth of expreffion unbecoming — we do
folemnly affure you, it has efcaped our obfervation —our only
intention is to feek for redrefs of what is fuppofed to be griev
ances* or an explanation by which we may fee our Error, and
this in the moft refpectful manner, that our moderate capacities
can fuggeft — but equally free from Sycophancy, arid improper
unwarrantable Confidence.
With earneft wifhes for your perfonal happinefe, and that we
may continue to ferve under you, to your entire fatisfaction and
approbation, and that harmony may be reftored in the Brigade,

% [ 86 3
and long continue without interruption — we have the honor t» -
be with profound refpect Dear General,
Your Obedient Servts,
(Signed) R. GARDNER, Lieut. Col.
B. HARRIS, T
A. HATCH, J- Majors.
A. STUTSON, J
S. STUTSON, . ¦)
E. THAYER,
J. STODDER, I
J. STEARNS, i Captains.
1. CUSHING,
P. OSGOOD,
H. R. KENDAL,
T. BADGER,
JOSEPH LORING, Jun. W. Infantry.
P. S. As one of the Companies have at a great Expence uni
formed and equipt themfelves'and are in readinefs to make their
firft appearance, your anfwer is refpeftfully requefted'as foon as
convenient.

Bofton, Oa. 12th, 1803.
Brigadier General WlNSLOW,
Dear Sir, -^
You will pleafe to order the Field Officers and Captains of
the Tnfantry of the Legionary Brigade under your command, to
convene at fome fuitable place and at as early a period as may
be covenient, and acquaint me thereof, that I may be able to at
tend with you at the fame. '
With much efteem and regard your moft obedient fervant.
(Signed) SIMON ELLIOT, M. Gen. lft Div.
BRIGADE ORDERS.
Bofton, Oa. ISth, 1803.
In purfuance of the above, Lieut. Col. Gardner is ottered
with the Field officers and Captaims of the Sub Legions of Infant
ry, under his command fo meet at the Houfe of James Vila,
Concert Hall, on Monday the 17th inft. at 4 o'clock P. M. at
which time and place* the Major General will attend.
¦ By Order of the Brigadier General.
GO. BLANCHARD, B. M.

REGIMENTAL ORDERS.
Bofton, Oa. 13, 1803. '
The Major General having fignified his wifhes to meet the
Field Officers and Captains of the Infantry in the Legionary

C 87 3
Brigade at fuch time and pla6e as the Brig.. Gen. fhould direct .;
and the Brigadier General having in his orders of this date di
rected the faid meeting to be at Vila's on Monday next. 17th
inft. at 4 o'clock P. M.
You are hereby directed to attend at the above time and place.
ROB. GARDNER, Lt. Col. Leg. Reg.
Note.: — ConformaMy to the requeft of the Major General the Officers
met, and were adjourned to the County Court Houfe, where General Elliot
read an anfwer to the Remonftrance dated October 8th, 1803, and being re
queued to give the officers a copy he declined.

DIVISION ORDERS.
Bofton, Oa. 18, 1803.
Brigadier General Winflow will direct thofe Captains who
have not completed their tour of duty for the prefent year, as
prefcribedby the militia law of this Commonwealth, to proceed
to the performance' thereof without delay. The divifion order
of the 28th ultimo will ceafe to operate on the 28th of the pre£
ent month. By Order of Major General Elliot.
(Signed) JOS. PIERCE, Jun. A. D* C. pro tem.
BRIGADE ORDERS.
Bofton, Oa. 18, 3 803.
. In purfuance of the Divifion Order of this date above copied,
Lieut. Col. Gardner is directed to have the fame carried into
immediate effect. By Order of the Brigadier General,
(Signed) GO. BLANCHARD Brigade Major.
REGIMENTAL ORDER.
Bofton, OB. 19, 1803.
In obedience to Divifion Orders of the 18th pref. and Brig
ade Orders of fame date, the Majors commandant of Sub Le
gions and the Captains and Commanding Officers of companies
are notified thatthe Prohibitory Order of the 28th ult.iffued by the
Major General ceafes" to operate in any refpeft on the 28th inft.
And all fuch companies as have <riot completed die tour of
duty required of them by law the prefent year are direfted to
compleat the fame immediately.
R. GARDNER, Lt. Col. Com. Leg. Reg.
Note.— After the prohibitory order was countermanded Capt. Loring in,
behalf of the company invited the General and Field Officers to dine w.t.i
themon the day of his parade, and received from the Major General the
aXer of the 20th October, 1803, which parade was ordered conformably
to law before the order was countermanded.

C 88 J
Capt. Jos. Loring,
Sir,
Yours of yefterdayi covering a card of invitation to dine
with you and your corps this day, I regret the neceffity of an-
fwering in the negative, fuch are my engagements, and of fo long
a ftanding, that it is impoffible to difpenfe with them.
Accept my moft fincere regards, and prefent to the gentlemen
of your corps my warmeft wifhes for their profperity and happi-
nefs. With fentiments of efteetn, yours, &c.
SIMON ELLIOT, M. G. lft Div.
Bofton, OH. 20, 1803.

THE END.