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Arms to be
to the states
ARMS. ACT of March 2, 1803. 3 Bioren, 531. to 3. Sec. 11. Every citizen duly enrolled in the militia, shall be provide arms constantly provided with arms, accoutrements, and ammunition,
agreeably to the direction of the said act,* from and after he shall be duly notified of his enrolment; and any notice or warning to
the citizens so enrolled, to attend a company, battalion, or regi* Act of May
mental muster, or training, which shall be according to the laws of the state in which it is given for that purpose, shall be deemed a legal notice of his enrolment. (See No. 14.)
ACT of April 23, 1808. 4 Bioren, 169.
4. Sec. 1. The annual sum of two hundred thousand dollars Appropria- is appropriated for the purpose of providing arms and military tion to provide arms. equipments for the whole body of the militia of the United States.
either by purchase or manufacture, by and on account of the
be 5. Sec. in. All the arms procured in virtue of this act shall be transmitted transmitted to the several states composing this union, and terde territories. ritories thereof, to each state and territory, respectively, in pro
portion to the number of the effective militia in each state and territory, and by each state and territory to be distributed to the militia in such state and territory, under such rules and regulations as shall be by law prescribed by the legislature of each state and territory.
ACT of April 29, 1816. Pamphlet edit. 115.
6. SEC. 1. The annual sum of two hundred thousand dollars, Appropria. as appropriated for the purpose of providing arms and military
equipments for the militia, either by purchase or manufacture, according to the act of the twenty-third of April, one thousand eigbt hundred and eight, entitled “ An act making provision for arming and equipping the whole body of the militia of the United States," shall be paid, for each year, respectively, out of any moneys in the treasury not otherwise appropriated.
7. SEC. 11. The sum appropriated to be paid as aforesaid, shall be applied for the purpose, and according to the intention specified in said act, without being liable at any time to be carried to the account of the surplus fund. And nothing in the act of the third of March, one thousand eight hundred and nine, entitled " An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," shall be construed to authorize the transferring of the sum annually appropriated as aforesaid, or any portion thereof, to any other branch of expenditure.
tion for arms.
ACT of May 8, 1792. 2 Bioren, 293.
8. Sec. X. It shall be the duty of the brigade inspectors to athouty of the tend the regimental and battalion meetings of the militia combrigade in." spector. posing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements; superintend their exercise and manucvres, and introduce the system of military discipline, before described, throughout the brigade, agreeable to law, and such orders as they shall, from time to time, receive from the commander in chief of the state; to make returns to the adjutant general of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition, of the several corps, and every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline: and the adjutant general shall make a return of all the militia of the state, to the commander in chief of the said state, and a duplicate of the same to the president of the Unit. p.States.
COLOURS AND DRUMS."
ACT of May 8, 1792. 2 Bioren, 293. 9. Sec. v. Each battalion and regiment shall be provided with Colours and
Drums, how the state and regimental colours, by the field officers, and each provided. company with a drum and fife, or bugle horn, by the commissioned officers of the company, in such manner as the legislature of the respective states shall direct.
militia is cal
COURTS MARTIAL. ACT of February 28, 1795. 2 Bioren, 479. 10. Sec. vi. Courts martial for the trial of militia shall be composed of militia officers only.
11. Sec. VII. All fines to be assessed as aforesaid,* shall be certified by the presiding officer of the court martial before whom collected. the same shall be assessed, to the marshal of the district in which the delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall re- * When the cord the said certificate in a book to be kept for that purpose. redit
led forth by The said marshal, or his deputy, shall forthwith proceed to levy the president
of the United the said fines, with costs, by distress and sale of the goods and States to supchattels of the delinquent; which costs, and the manner of pro- presso ceeding, with respect to the sale of the goods distrained, shall be invasion. See agreeable to the laws of the state in which the same shall be, in other cases of distress. And where any noncommissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the marshal of the district, or his deputy, may commit such delinquent to goal, during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed.
12. Sec. VII. The marshals and their deputies shall pay all To whom such fines by them levied, to the supervisor of the revenue in the fines to be district in which they are collected; within two months after collected.
Nos. 15 & 26. afmed.
they shall have received the same, deducting therefrom five per centum as a componsation for their trouble ; and in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs.
ACT of February 2, 1813. 4 Bioren, 495. Fines to be 13. Sec. 1. In every case in which a court martial shall have
ero adjudged and determined a fine against any officer, noncommisof the treasu- sioned officer, musician, or private, of the militia, for any of
the causes specified in the act to which this act is a supplement, or in the fourti rection of an act, entitled " An act to authorize a detachment threathe militia of the United States," all such fines, so assess , shall be certified to the comptroller of the treasury of the United States, in the same manner as the act to which this act is a supplement directed the same to be certified to the supervisor of the revenue.
certified to comptroller
14. Sec. 1. Each and every free able bodied white male citiWno to be zen of the respective states, resident therein, who is or shall be how to be of the age of eighteen years, and under the age of forty-five passing of this act, all muskets for arming the militia, as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition, and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions, or sales, for debts, or for the payment of taxes.
years, (except as is hereafter excepted,) shall, severally and re-
call forth the militia.
INVASION AND INSURRECTION.
ACT of February 28, 1795. 2 Bioren, 479. 15. Sec. 1. Whenever the United States shall be invaded, or Presideut to be in imminent danger of invasion, from any foreign nation or call Indian tribe, it shall be lawful for the president of the United States to call forth such number of the militia of the state, or states most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders, for that purpose, to such officer or officers of the militia as be shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the president of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.
16. Sec. 11. Whenever the laws of the United States shall be w opposed, or the execution thereof obstructed, in any state, by laws of the
United States combinations too powerful to be suppressed by the ordinary are opposcourse of judicial proceedings, or by the powers vested in the ed, presider marshals by this act, it shall be lawful for the president of the the militia. United States to call forth the militia of such state; or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued if necessary, until the expiration of thirty days after the commencement of the then next session of congress.*
* See No. 32. 17. SEC. U. Whenever it may be necessary, in the judgment of the president, to use the military force hereby directed to be When mili
tary force to called forth, the president shall forthwith, by proclamation, be used. command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time.
ORGANIZATION. ACT of May 8, 1792. 2 Bioren, 293. 18. Sec. III. Within one year after the passing of this act, the Militia to be militia of the respective states shall be arranged into divisions, it brigades, regiments, battalions, and companies; as the legisla- &c. ture of each state shall direct; and each division, brigade, and regiment, shall be numbered at the formation thereof; and a record made of such numbers in the adjutant general's office in
anged in divisions,
the state; and when in the field, or in service in the state, each. division, brigade and regiment shall, respectively, take rank according to their numbers, reckoning the first or lowest number bighest in rank. That, if the same be convenient, each brigade shall consist of four regiments; each regiment of two battalions; each battalion of five companies; each company of sixty-four privates. That the said militia shall be officered by the respective states, as follows: To each division, one major general and two aids de camp, with rank of major; to each brigade, one brigadier general, with one brigade inspector, to serve also as brigade major, with the rank of a major; to each regiment, one lieutenant colonel commandant;* and to
each battalion one major ; to each company one captain, one * See No. 2
' lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quarter master, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant major; one drum major, and one fife major.
ACT of March 2, 1803. 3 Bioren, 531. is- 19. SEC. III. In addition to the officers provided for by the said ter general to act, there shall be, to the militia of each state, one quartermas
ter general, to each brigade one quartermaster of brigade, and to each regiment one chaplain..
ACT of April 18, 1814. 4 Bioren, 701.
20. Sec. 1. In addition to the officers of the militia provided spectors and
od for by the act, entitled " An act more effectually to provide for other officers the national defence, by establishing an uniform militia through
out the United States,” [See 18.] approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three, See 19.1 there shall be, to each division, one division inspector, with the rank of lieutenant colonel, and one division quartermaster, with the rank of major; to each brigade, one aid de camp, with the rank of captain ; and the quartermasters of brigade, heretofore provided for by law, shall have the rank of captain. And it shall be incumbent on the said officers to do and perform all the duties which, by law and military principles, are attached to their offices, respectively.
ACT of April 20, 1816. Pamphlet edit. 68. Regiment to
to 21. Sec. 1. From and after the first day of May next, instead
do DEC. I becommand- of one lieutenant colonel commandant to each regiment, and one
major to each battalion of the militia, as is provided by the act, entitled “ An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, there shall be one colonel, one lieutenant colonel and one major to each regiment of the militia, consisting of two battalions. · Where there shall he only one battalion, it shall be commanded by a major : Provided, that nothing contained
ed by a colonel.