the colonel after be the duty of the auditor to certify such fai such failure. lure to the colonel of the regiment.

List of insol

vents when to

collectors of

2. It shall be the duty of the sheriffs and other be returned to collectors of militia fines, to return a list of all inauditor by solvents, in relation to such fines, allowed by the militia fines. respective courts of enquiry, to the auditor of public accounts, within eighteen months after such fines shall have been payable into the treasury; and no list of insolvents, not returned within that period, shall be allowed by the auditor in his settlement Such lists to with such sheriff or collector. Nor shall any such oath or affir- list hereafter returned to any court of enquiry be allowed by the auditor, unless the same shall be verified by the oath or affirmation of the sheriff or other collector made and certified at the foot thereof, to the following effect:

be verified by

mation.

Form thereof.

Certificate

from court of enquiry.

Claims, when

ed at

sury.

County, sc:

This day, A. B., sheriff (or deputy sheriff or collector) for the county of made oath (or affirmation) before me, a justice of the peace for said county, that the foregoing list of delinquents in the militia fines he verily believes is correct and true; that he has used due diligence for the collec tion of the fines in the said list mentioned, and hath not collected any part thereof. Given under my hand this day of

Nor shall

C. D.

such list be allowed by the auditor, any unless, after it shall have been so verified, the court of enquiry shall certify that they believe the same to be correct, and that it ought to be allowed.

3. All claims upon the militia fine fund, which to be present shall not be paid by the sheriff or other collector, and which shall be payable out of the public treasury, shall be presented within two years after the same shall have been allowed by the respective courts of enquiry; and the auditor of public accounts shall not be authorised to issue his warrant for any such claim, which shall not be so presented for payment before the said period of two years shall have elapsed.

Publication

4. This act shall be published and distributed tion of this by the executive, together with the act to which it

and distribu

act.

is amendatory; and one copy of the laws so to be published, shall be furnished to each court of enquiry to be kept and preserved by the clerk thereof.

5. This act shall be in force from and after the commencepassing thereof.

ment,

AN ACT

More effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States.

to be enrolled,

1. Be it enacted by the Senate and House of Re- Milicia, bow presentatives of the United States of America, in and by whom Congress assembled, That each and every free ablebodied white male-citizen of the respective States, resident therein, who is or shall be at the age of eighteen years, and under the age of forty-five years, (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enroll every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by a proper non-commissioned officer of the company, by whom such notice may be proved.-That every citizen so enrolled and notified, shall within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and armed and belt, two spare flints, and a knapsack, a pouch with

How to be

accoutred,

See act 2d
March, 1803.

Executive officers, &c. exempted.

Militia, how to be arranged, and

a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball or with a good rifle, knapsack, shot pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise, or into service, except, that when called out on company-days to exercise only, he may appear without a knapsack. That the commissioned officers shall severally be armed with a sword or hanger and espontoon, and that from and after five years from the 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 debt or for the payment of taxes.

2. And be it further enacted, That the Vice-President of the United States; the officers, judicial and executive of the government of the United States; the members of both houses of Congress, and their respective officers; all custom-house officers with their clerks; all post-officers, and stagedrivers, who are employed in the care and conveyance of the mail of the post-office of the United States; all ferrymen employed at any ferry on the post-road; all inspectors of exports; all pilots; all mariners actually employed in the sea-service of any citizen or merchant within the United States; and all persons who now are or may hereafter be exempted by the laws of the respective States, shall be, and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years.

3. And be it further enacted, That within one year after the passing of this act, the militia of the respective States shall be arranged into divisions, brigades, regiments, battalions and companies, as

cered.

the legislature 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 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 highest 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 res- by whom offi pective States, as follows: To each division, one major-general and two aids-de-camp, with the rank of major; to each brigade, one brigadier-general, with one brigade-inspector, to serve also as brigademajor, 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 lieutenant, one ensign, four sergeants, four corporals, one drummer and one fifer or bugler.That there shall be a regimental staff, to consist of For additional one adjutant and one quarter-master, to rank as officers, see lieutenants; one pay-master, one surgeon, and one 1803. surgeon's mate; one sergeant-major; one drummajor, and one fife-major.

act 2d March,

one company

&c. and one

company of

4. And be it further enacted, That out of the militia enrolled, as is herein directed, there shall be formed for each battalion at least one company of grenadiers, light infantry or riflemen; and that Each battali to each division, there shall be at least one compa- on to have ny of artillery, and one troop of horse: there shall of grenadiers, be to each company of artillery, one captain, two lieutenants, four sergeants, four corporals, six gun- artillery. ners, six bombardiers, one drummer and one fifer. The officers to be armed with a sword or hanger, a Officers how fusee, bayonet and belt, with a cartridge box to contain twelve cartridges; and each private or matross shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be to Troops of

to be armed.

horse how

officered, &c. each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least fourteen hands and an half high; and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail-pillion and valise, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch-box, to contain twelve cartridges for pisArtillery and tols. That each company of artillery and troop of whom to be horse shall be formed of volunteers from the bri- formed; gade, at the discretion of the commander in chief of the State, not exceeding one company of each to a regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly cloathed in regimentals, to be furnished at their own expense; the colour and fashion to be determined by the brigadier commanding the brigade to which they belong.

horse of

to be uniformly clad at their own

expense.

What colors,

&c. and by

furnished.

5. And be it further enacted, That each battalion whom to be and regiment shall be provided with the State and regimental colors by the field officers, and each 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.

Adjutant gen

state, his duty.

6. And be it further enacted, That there shall eral in each be an adjutant-general appointed in each State, whose duty it shall be to distribute all orders from the commander in chief of the State to the several corps; to attend all public reviews when the commander in chief of the State shall review the militia, or any part thereof; to obey all orders from him relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different returns that may be required, and to explain the principles on which they should be made; to receive from the