next day the Lieutenant
Governor sent for the Colonel, and
let him know, that he was in doubt about the legality of
the appointment of the military watch : and recommended
to the Colonel to take good advice, whether he had a right
by Law to order such a watch.
This being quite unexpected, occasioned the Colonel to
express himself with some fervor. He also said, he had already
taken advice, and had no doubt of his own power ; but had
the preceding day waited upon his Honor as Commander in
Chief to receive his orders : which as his Honor had declined
giving, and left the matter with himself, he had appointed a
military watch : and judged it a necessary measure to quiet
the fears and apprehensions of the town. The interview
ended with the
Lieut. Governor's recommending
again, that
the Colonel would take care to proceed according to law ; and
without his forbidding a military watch.
This military watch was continued every night, till
Col.
Dalrymple had caused the two Regiments under his command
to be removed to the barracks at
Castle-Island. During the
continuance of the watch, the Justices of the Peace in their
turns attended every night : and the utmost order and regula-
rity took place through the whole of it.
This is the state of the fact, upon which every one is left to
make his own observations.
Now for the Law : with respect to which nothing more is
necessary than just to recite it. It runs thus, " That there
be military watches appointed and kept in every town, at such
times, in such places, and in such numbers, and under
such regulation, as the chief military officers of each town
shall appoint, or as they may receive orders front the chief
officer of the regiment."*[Asterisk reference mark indicates
note below.] -- This needs no comment. It
clearly authorizes the chief officer of the regiment to appoint
military watches. The late military watch in
Boston being
founded on such an appointment was therefore according
to Law.
[Asterisk reference mark]*See a Law of the Province for regulating the Militia, made in
the 5th year of William and Mary, Chap. 7. Sec. 10.