FIRST DIVISION MASSACHUSETTS MILITIA.
THIRD BRIGADE.AUGUST 10th, 1818.
BRIGADE ORDERS.
THE Inspection and Review, of the troops of this Brigade, will take place in the month of September next.--
The Officers and privates will, doubtless, endeavour, on this occasion, to preserve the reputation which they have acquired; and to show, by the progress of improvment, the utility of our military system.
The basis of military strength is unity of action among great numbers. Every individual must know his own duty, and feel assured that command and obedience are understood by others, as they are by himself.
The first object is the discipline of the person of the individual; next, the use of arms; and then the application of this knowledge by the individual, in connexion with others, who have received the like instruction.--When numbers are embodied, their duties relate to the use of arms while remaining on the same ground, or to change of place by uniform and precise movements.
In this latter, and far more important branch of knowledge, there is much room for improvement. If our militia were called on to perform the duty intended by our constitution and laws, in the presence of an enemy, it is obvious that there would necessarily be a frequent, and rapid change of line. If the individuals which compose a body of troops cannot preserve their proper positions, as to each other, while changing place, they could not even hope for success, and would soon present an unresisting mass to pursuers.
The first object in forming a line, is to place those who compose it in the closest order possible, consistently with convenience in moving. In regular armies the greatest front ever allowed to each man in line is two feet; and thirteen inches depth of file; distance between ranks of infantry is the depth of file. The front of a horseman in line is four feet, depth of file eight feet three inches--distance of files two feet. When a line is formed according to these rules, it cannot loose its order, unless there is negligence in preserving true distances.
To facilitate the preserving of order, directors, guides, and markers, are used by all well regulated troops. It would be inexcusable, in this Brigade, to be deficient in the knowledge necessary to effect correct movements, because the companies raised at large have the means, and disposition to be well informed, and the standing companies have the aid of "The Soul of the Soldiery"--as well as of the zeal and intelligence of their officers.
The principles on which large bodies of troops are moved, are stated in the work of Brigadier General Maltby, from page 68 to 88 inclusive.--This work has been established by the order of the Commander in Chief as the general rule in discipline, and tactics, for the Militia of this State.
The Inspection which is to take place, will be made with a precise conformity to the law in every particular;-- all neglect and deficiency will be duly noted and returned, and in all cases of deficiency, the fines which are prescribed, will be exacted. The law makes no distinction; it furnishes an intelligible, and precise rule, alike for all.
In the Inspection, and Review, the most rigid, and inflexible punctuality will be required. No man, or body of men, will be waited for one moment. If any individuals, whether officers, or men, belonging to the Brigade, are not found where they are expected to be, in conformity with the Order which will have been given, they will be considered as voluntarily absent, and consequently as disobedient.
Punctuality is indispensable in all cases where numbers must act together; and it furnishes the most satisfactory and convenient rule for all, when all observe it.
As the Brigade may be called out, if the Major General should see fit, preparation must be made accordingly.--In such case the Brigade will be formed in line according to {Omitted text, 1w} orders - and a brigade {Omitted text, 1w} will be detached, and employed, according to {Omitted text, 1w} usage.--It should be remembered that in actual service, guard duty, embraces a variety of employments, some of which are the most honourable, as well as responsible and difficult.--The most active, intelligent and trust-worthy are usually selected in this department; and it may often happen, that the well-being and safety of the whole force depend on the manner in which the duties of this department are performed.--The theory of guard duty, and the practice of it, to a certain extent, may be justly expected of this Brigade.--Orders will be issued on the subject of guards, if the Brigade should be called out; in the mean time all officers will be prepared to execute the Orders which they may receive, and to cause their own, to be executed on this subject.
If the supposed command from the Major-General should be received, the Brigade will appear in line, and the Commandant of the Brigade will receive the salute due to his station, in front of the centre of the line, at an hour, which will have been previously fixed, and the arrival of which will be made known by the discharge of two guns from the company of Sea Fencibles.--This is the only salute which will be made to the Commandant of the Brigade; and when it has been made, the field and platoon officers will move to the centre, to receive such communications as the Commandant may make. The movement of the officers to the centre will be made in the following manner:
At the sound of the horse trumpet the field and cavalry officers will face to the right and left, bringing their swords to a full poise, and will immediately move towards the centre in a line with the Brigade line, and will then face towards the Commandant of the Brigade, and move up to his right and left, and come to the right about in line with him, facing the Brigade.--At the first sound of the bugle the officers of the line will face to the right and left and move in a straight line in common time, to the centre;*--and when the line of officers has formed in close order in front of the Brigade, they will face to the front and move up in line within ten pases of the Commandant; when they will be ordered to halt and the wings will be ordered to wheel to the right and left and form, with the line of mounted officers, a Square:-- When ordered to halt, the officers will bring their swords across the body, the handles in their right hand, nearly to the right hip; the extreme point resting in the left hand nearly as high as the left shoulder-- in which position they will receive such communications as the occasion may require from the Commandant.--The platoon officers will then receive the word to form line, and will come to the right-about, (having brought their swords to a poise at the same moment) and at the word 'wheel,' the two wings will then come into line, and on the word 'march' being given, will move directly forward till they arrive at their own line; They will then halt, and face to the right and left outwards and will take up the common time in front of the Brigade and march to their posts, which they will successively resume, as arrived at.
The field officers will receive command to move to their line in front, and will then without halting turn to the right and left, and resume their posts as successively arrived at, and the officers of the cavalry will proceed to their posts.
The necessity of accuracy in these movements is obvious;--the officers are presumed to be an example to the Brigade, of military and proper deportment.
When the officers have resumed their posts the troops will remain firm and steady in their positions, with ordered arms, while the Commandant passes from the right to the left and in rear of the line, excepting that successive battalions will shoulder arms while he is passing their front, and again come to the order when he has passed.
The appearance of the Major-General on the right of the line will be announced by a discharge of thirteen guns--and when the line is passed by that officer, and he has taken his place to receive the marching salute; at the sound of the bugle the whole line will immediately break into columns by wheeling backwards on the left of platoons--and at the next sound of the bugle will march in common time, the platoon officers posted on the left of platoons. These officers are thus posted that they may be responsible for the preservation of distances in the march; and that the unmilitary and embarrassing evil of gaining, or loosing ground, may be avoided.
Platoon Officers, when within six paces of the Reviewing Officer, will move to the centre of platoons and pay the salute, and having passed three paces beyond the Major-General will resume their stations on the pivots.
* Swords being brought to the poise.
The line having resumed its position, exercise, and firings, of the corps successively, will take place according to future orders, which will be given for these purposes. The troops will be allowed one hour for refreshment, and the several officers in command are to take care that due notice is given, that all delinquency of appearance, when the line is again formed, at the end of the hour, will be noticed as voluntary acts of disobedience.
The line having been again formed, a new line will be ordered for the purpose of manoeuvring; in the presence of the Major-General--as will be detailed in orders.
For the purpose of manoeuvring the troops, it is, at present, intended to form the three Regiments into one line--and post the battalion of artillery and the company of Sea Fencibles as reserve in the rear. The proper position and uses of the company of cavalry will be hereafter designated.
The Line being so formed, the following movements will take place:
Battalions will form close columns of platoons on the right, in rear of the first platoon.--Maltby, m. 1.
Battalions will deploy to the left on the right platoon.--Maltby m. 2.
Battalions will form close column of platoons on the right centre platoon right in front.--Maltby m. 3.
Column will deploy on the right centre platoon--Maltby m. 4.
Battalions will form close column on the centre, left in rear, facing to the rear.--Maltby m. 5.
The Column will change its front by the countermarch by files on its own ground and display to right and left on the fourth platoon.--Maltby m. 6.
The line will advance fifty paces, to the front direct, by successive platoons at the distance of five paces. Platoons will form line as they arrive at the distance prescribed and fire successively as they come up, three rounds.--Maltby m. 15.
Battalions will form squares of companies, the light troops covering them; the light troops will retreat into the squares.--Maltby m. 21.
The Artillery and Sea Fencibles will move up and fire once from right to left, through the intervals of squares.
The Artillery and Sea Fencibles will retire to their line in rear; the light troops will reappear in front and cover the squares as they retire to the original line. Battalions will resume the original line, and the light troops will resume their company position on the flanks.
The whole line of Infantry and light troops will advance, quick time, direct to the front;--the front rank with charged bayonets; the rear rank with ported arms.--The line will halt at fifty paces; the rear rank will immediately fire.--Maltby m. 30.
The Infantry will form close column on the right platoon.--Maltby m. 1.
The Artillery and Sea Fencibles, will in the mean time move up to the intervals of columns, and fire through them from left to right, once.
The light troops form rapidly in front, and cover the Infantry, which will immediately deploy into line.--The light troops as soon as the line is formed will retire to the flanks and form company.--Maltby m. 2.
The whole line will fire by battalion once to the front--once obliquely to the right--and once obliquely to the left.
The Artillery and Sea Fencibles, will retire to its original line in rear.
The line of Infantry, including the light troops, will file from the left of platoons to the rear, and form on the original line, right in front.--Maltby m. 19.
Battalions will break into open columns of platoons, facing to the left by wheeling on the right backwards.
Battalions will form close column: on the left platoon, left in front, will deploy to the right--forming lines of Battalions, successively in the rear.
As soon as these lines are formed, the Battalion of Artillery will pass through the intervals of Battalions, and take post on the right flank of the front line;--The Sea Fenbles at the same time taking post on the left flank of the front line.
The front line of the battalions of Infantry will fire and file by the flanks to the rear. The successive battalions will move up to the front, and fire, and file from the flanks to the rear until the left battalion comes again in front.
The Artillery and Sea Fencibles will fire, on their own ground, at proper intervals, till the left of the line is formed again.
When the left of Brigade has resumed its original front the battalions will face to the right about. [The battalion of Artillery will pass through the intervals of battalions, to the position of reserve which it left;--and the Sea Fencibles will return to their position of reserve]--The right platoon of each battalion, will make a full wheel to the right on the original line, the remaining platoons march up in Echelon and form line on the right platoon, and instantly face to the right about and resume their former front.
Battalions of Infantry will form line to the front 50 paces in advance by filing from left of platoons.
Battalions will change position, throw back the right and form on the left by eschelon of platoon.--Maltby m. 10.
Battalions will change position, bring forward the right by echelon of platoons.--Maltby m. 11.
Battalions will wheel in echelon, and form on the fourth or right centre platoon.--Maltby m. 12.
Resume former position in line.
Battalions will come to the right about and advance in direct echelon of platoons, at five paces distance and form on original line.--Maltby m. 13.
Battalions will change front by the countermarch of files on the centre.--Maltby m. 16.
Battalions will change front by the countermarch of platoons on the centre.
The line as formed for review will be again formed; and if time remains the several Corps, from right to left, will move to the front, and in presence of the Brigade and reviewing officer, perform any volunteer manoeuvres which such corps may see fit.
The aforegoing outline is intended to prepare the troops for the Review. Future details will be given in orders as may be found necessary.
Every officer will remember that he has voluntarily taken upon himself the rank which he holds, in consequence of the voluntary election of his fellow-citizens; and that the Government, under which he holds his commission, has a right to expect of him ability and willingness, to perform the duty which he has thus taken upon himself.
By order of the Brigadier General 3d Brig. 1st Div. M. M.
STEPHEN FAIRBANKS, Brigade Major.
Regimental Order.
Boston, August 13, 1818.
TRANSMITTED--by order of the Colonel 3d Brig. 1st Div. M. M.
Adjutant.
**********
In order to gain the proper understanding on the actual meaning of Amendment II. It is necessary to take into consideration the INTENTIONS of the men that framed it:
"Mr. MADISON thought the regulation of the militia naturally appertaining to the authority charged with the public defence...."
- August 18. (1787), The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Vol. 5]
The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Volume 5]
Thursday, August 23. (1787)."...In Convention. -- The report of the committee of eleven, made the 21st of August, being taken up, and the following clause being under consideration, to wit: --
"To make laws for organizing, arming, and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States; reserving to the states, respectively, the appointment of the officers, and authority of training the militia according to the discipline prescribed," --
Mr. SHERMAN moved to strike out the last member, "and authority of training," &c. He thought it unnecessary. The states will have this authority, of course, if not given up.
Mr. ELLSWORTH doubted the propriety of striking out the sentence. The reason assigned applies as well to the other reservation, of the appointment to offices. He remarked, at the same time, that the term "discipline," was of vast extent, and might be so expounded as to include all power on the subject.
Mr. KING, by way of explanation, said, that by organizing, the committee meant, proportioning the officers and men -- by arming, specifying the kind, size, and calibre of arms -- and by disciplining, prescribing the manual exercise, evolutions, &c.
Mr. SHERMAN withdrew his motion...."
Now, let us examine the marked historical difference between a "well regulated" militia, and the "Right of the People to Keep and Bear Arms", shall we? First off, let's look at one of the final debates on the Amendment before it was submitted to the states:
Journal of the Senate of the United States of America,
“...On motion to amend article the fifth, by inserting these words, 'for the common defence,' next to the words 'bear arms:'
“It passed in the negative.
“On motion to strike out of this article, line the second, these words, 'the best,' and insert in lieu thereof 'necessary to the:'
“It passed in the affirmative.
“On motion, on article the fifth, to strike out the word 'fifth,' after 'article the,' and insert 'fourth,' and to amend the article to read as follows: 'A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.'
“It passed in the affirmative....”
“...Resolved, That the Senate do concur in the resolve of the House of Representatives, on "Articles to be proposed to the legislatures of the states, as amendments to the constitution of the United States," with the amendments; two thirds of the Senators present concurring therein.
“Ordered, That the Secretary do carry a message to the House of Representatives accordingly.
“Adjourned to 11 o'clock to-morrow."
Next, let's look at the language that was used to present the Amendment(s) to the states for ratification:
the preamble to the Bill of Rights itself:
"The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further DECLARATORY and RESTRICTIVE clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;
"Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:
...Amendment II
DECLARATORY; (Common Defense)
"A well regulated militia, being necessary to the security of a free state,"
RESTRICTIVE; (Self-Defense/Preservation, The First Law of Nature
"the right of the people to keep and bear arms, shall not be infringed."
There can be no mistaking the plain English words that were utilized by the men that framed the Amendments. The "militia" is plainly intended for the "common defense". And, the "Right of the People" is plainly intended for the individual Natural Right of Self-Defense. And, as noted in the Amendment, that Right "shall NOT be infringed". This fact is made clear by a U.S. President a little late in the same year as the article above:
"The right of self-defence never ceases. It is among the most sacred, and alike necessary to nations and to individuals."
- President James Monroe, Nov. 16, 1818 message to the U.S. House and Senate. [Journal of the Senate of the United States of America, November 17th, 1818.]
As well as by one of the most famous U.S. Supreme Court Chief Justices. Whom sat on the bench during the same time period:
"Also, the conditions and circumstances of the period require a finding that while the stated purpose of the right to arms was to secure a well-regulated militia, the right to self-defense was assumed by the Framers."
- John Marshall, U.S. Supreme Court Chief Justice. [As quoted in Nunn v. State, 1 Ga. 243, 251 (1846); State v. Dawson, 272 N.C. 535, 159 S.E.2d 1, 9 (1968).]
It should be of interest to note that both of the people quoted directly above were AT the debates on the Constitution and Bill of Rights.
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