Webber
Massachusetts Supreme Judicial Court
Webber was fined by a justice of the peace for neglecting to muster in a standing company of militia in Bedford on the 3d of May, 1825 ; and now, upon his petition for a writ of certiorari, it appeared, that when he was enrolled and warned, he lived in Bedford, which is within the limits of the second brigade of the third division, and was justly fined, unless the following facts constitute a defence.
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Webber was fined by a justice of the peace for neglecting to muster in a standing company of militia in Bedford on the 3d of May, 1825 ; and now, upon his petition for a writ of certiorari, it appeared, that when he was enrolled and warned, he lived in Bedford, which is within the limits of the second brigade of the third division, and was justly fined, unless the following facts constitute a defence. Previously to the time of the notification, he had been enrolled in a company of artillery in Lexington, which is within the limits of the first brigade of the same division, and was doing duty…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The only question in this case is, whether a person liable to perform militia duty in one brigade, can legally enlist in an artillery company belonging to another.
In the fourth section of the militia law of the United States (2 Cong. 1 Sess. c. 33) it is enacted, “ that each company of artillery and troop of horse shall be formed of volunteers from the brigade.” This provision is explicit, and if it be incon*265sistent with the statutes of* this commonwealth, there can be no doubt which is paramount. But there is no such inconsistency. On the contrary,…
2Cases cited2 opinions
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1808
- Commonwealth v. CummingsMassachusetts Supreme Judicial Court · 1819