36^ 



ANNUAL REGISTER, 1804. 



iioran, to remove into that court the 

 conviction of Mr. Dowley betorcthe 

 magistrates of Surrey, for certain 

 fine^ he had incurred while in the 

 Southwark cavalrj'. Mr. Erskine 

 admitted the legality of tlie convic- 

 tion under the 43d of the king, 

 chap. 121, section 14; but thought 

 the case, taking the whole of the 

 facts into consideration, a tit subject 

 for their lord:- hips' decision. Mr. 

 Dowley admitted that he had enroll- 

 ed himself in the corps alluded to ; 

 but, in his defence, said, " that he 

 was no longer a member of the 

 corps." He had received a letter 

 from his commanding officer, inform- 

 ing him, that, if he did not attend 

 certain drills, he would be dismissed. 

 Mr. Dowley, finding such attend- 

 ance wholly incompatible with his 

 business as a corn-dealer, was com- 

 pelled to write for answer, that he 

 could not comply with the letter of 

 instructions ; and therefore sent in 

 his resignation. This, however, Avas 

 not accepted ; the fines for non- 

 attendance were imposed ; and, a 

 conviction taking place, a distress 

 and sale was made of Mr. Dowlcy's 

 property to the amount claimed. 

 " The question,'' Mr. Erskine said, 

 " for their lordships to decide was, 

 whether or not Mr. Dowley, under 

 the peculiar circumstances of the 

 case, was subject to the fines ; and 

 that," said Mr. Erskine, " will de- 

 pend upon his right to resign." The 

 learned counsel then took a short 

 review of all the volunteer acts ; 

 concluding with " his firm conviction 

 that a volunteer, enrolled under the 

 acts alluded to, had an unquestion- 

 able right to resign ; and that the 

 legislature considered the service 

 purely spontaneous, trusting to the 

 same motive for its continuance which 

 has operated to give it birth. At 



the same time he was aware, that 

 the moment a member of a volunteer 

 corps w ithdrew himself, or was dis- 

 charged for neglect or other causes, 

 from that moment he became amen- 

 able to the compulsory statutes; 

 and, though he should have been 

 previously exempted from the mili- 

 tia ballot by reason of his enrolment, 

 yet, if drawn under that exemption, 

 he was liable to be called on ; and 

 if the vacancy that he should have fill. 

 cd but for his then exemption be fill- 

 ed up, he might be made to serve as a 

 supernumerary till a fresh vacancy 

 should occur." After alluding to 

 the necessity ministers had of check- 

 ing the volunteer service of the coun- 

 try, which, he said, had nearly swal- 

 lowed up the male population of the 

 kingdom, Mr. Erskine called their 

 lordships' attention again to Mr. 

 Dowley, who, he would affirm, had 

 withdrawn his services from no dis- 

 honourable motives. He was ready, 

 Mr. Erskine said, to sacrifice his 

 life in the service of his country ; 

 but it was important that he should 

 not sacrifice his family. Mr. Erskine 

 concluded by saying, that there was 

 no want of volunteers, nor any ne- 

 cessity of forcing a continuance of 

 their service longer than they were 

 disposed to give it. Lord Ellenbo- 

 rough desired Mr. Erskine to take 

 the certiorari. 



A misunderstanding bctwcenLicu- 

 tenant-coloncl Tierney (treasurer of 

 the navy), and one of the compa- 

 nies of the Southwark volunteers, 

 has led to the establishment of a 

 principle applicable to the whole 

 volunteer system. The Resolutions 

 of the 3d company declared, " That 

 as the choice of oflicers was vested 

 in them in the first instance, so 

 the right of election remained with 

 them at the present timcj express- 

 ing 



