Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... CHAPTER X THE LEGAL STATUS OF THE VOLUNTEER IN 1803 In the two preceding chapters we have dealt with the Volunteer force de facto: it is now necessary to inquire more closely than has hitherto been done into the statutory laws governing that force as established by the Acts for the defence of the country passed in 1802-4. The Acts in question were responsible for the creation of an auxiliary force for home defence in certain respects comparable with the corps of Volunteers raised at earlier periods, but having a more decisive footing as an integral part of the military organisation of the country. Owing, however, to the ambiguity of certain portions of the Acts of 1803 doubts were expressed respecting the precise nature and extent of the engagements entered into by the Volunteers--more especially as affecting the right to resign their services at will. On this point the legal opinions of the day were at variance, the Attorney-General (Spencer Perceval), conjointly with the Solicitor-General (Manners Sutton), holding that the Volunteers accepted under the Act of June 1802 were bound to continue their services for an indefinite period, in common with the Volunteer substitutes for the Militia whose engagements had been made under the subsequent Acts; whilst the opposite view was maintained by the Hon. T. Erskine, afterwards Lord Chancellor. Spencer Perceval's report was given in the following words: --'I am of opinion that Volunteer Corps and persons enrolled therein cannot withdraw themselves from the service as Volunteers 1803 in which they have engaged themselves, though they may be struck out of the muster roll for default, and that they are liable, so long as they continue on the muster roll, to have enforced upon them such fines as, .
