SEC. 31. And be it further enacted, That in all cases when a brigade of militia shall be called into the service of the United States, under the provisions of this act, it shall be the duty of the brigade major of such brigade to inspect and muster the same, and sign the muster-rolls. If less than a brigade of the militia be called into the service of the United States, then it shall be the duty of the brigade major of the division wherein such militia may rendezvous, to inspect and muster the same, and sign the muster-rolls; two musters to be made in the manner aforesaid one on the assembling, and the other on the discharge of such militia. If it should so happen that there be no brigade major in the brigade where such militia shall be called out, or in the division where they shall rendezvous, the commanding officer may direct any officer under the rank of lieutenant colonel to inspect and muster the militia so called forth.

SEC. 32. And be it further enacted, That any officer, non-commissioned officer, musician, or private, of the militia, who shall have committed any offence while in the service of the United States, may be tried and punished for the same, although his term of service shall have expired; and the court martial for the trial of such offences shall be composed of militia officers, without regard to their having been in the service of the United States.

SEC. 33. And be it further enacted, That the marshals of the several States and Territories, and their deputies, shall have the same powers in executing the laws of the United States, as sheriff's and their deputies in the several States have, by law, in executing the laws of the respective States.

SEC. 31. And be it further enacted, That all the laws heretofore enacted for organizing, classing, arming, and calling forth the militia into the service of the United States be, and hereby are, repealed, so far as respects the organization, classification, arming, and calling the militia into the service of the United States, subsequent to the passage of this act.

THE MILITIA.

[Communicated to the House of Representatives January 9, 1818.]

Mr. HARRISON made the following report:

The committee, to whom was referred so much of the message of the President as relates to the militia, have had that subject under consideration, and beg leave to report:

That the Constitution grants to Congress the following powers in relation to the militia, to wit: To provide for organizing the militia; for arming them; for disciplining them; for calling them into the service of the United States; for governing them therein; and for compensating them for their services: which powers the committee have considered separately.

1. The committee are of opinion, that, in organizing the militia, it would be a great improvement to divide them into two classes, with a view to train diligently, and to provide to arm immediately, the young men, and

would require; the organization of the militia might remain in all other respects nearly as heretofore established.

2. The Constitution having made it the duty of Congress to provide for arming the militia, this power is not duly exercised by merely enacting that the militia shall arm themselves. A law to that effect, unsanctioned by penalties, will be disregarded, and if thus sanctioned, will be unjust, for it will operate as a capitation tax, which the opulent and the needy will pay equally, and which will not be borne by the States in the proportion fixed by the Constitution. The committee do not approve of putting public arms into the hands of the militia, when not necessary. That mode would expose the arms to be lost and destroyed. They conceive that Congress should provide arsenals, from which the militia of every part of the United States could draw arms when necessary, which would be a sufficient exercise of the power to provide for arming the militia.

3. Congress having power to provide for governing the militia only when they are in the service of the United States, and the authority of training them belonging to the State Governments, the committee have not deemed it proper that Congress should prescribe the time to be devoted to training or the manner in which that object will be best effected. It is the duty of the State Legislatures to enact the necessary laws for that purpose. The committee deem it a sufficient exercise of the power to provide for disciplining the militia, to direct the appointment of the necessary officers, to prescribe their duties, and to provide a system of discipline, comprehending the camp duties, instruction, field exercise, and field service of the militia.

4. The committee are of opinion, that the regulations for calling forth the militia may remain substantially as at present existing; that the President should, in all cases, address his orders immediately to some officer of the militia, and not to the executive of any State. The Governor of a State is not a militia officer, bound to execute the orders of the President; he cannot be tried for disobedience of orders, and punished by the sentence of a court martial.

5. In providing for governing the militia in the service of the United States, it has appeared to your committee that the senior class might be exempted from being marched out of the State to which they may belong; that the junior class, composed of ardent and vigorous men-the efficient force of the nation-should, when called into service, continue therein some time, after having acquired the knowledge and habits of soldiers; that the officers should, by their own consent, be continued still longer in service, as military knowledge, principles, and habits, are most essential to the of ficers, who are the souls of an army. It has also appeared to your committee, that those principles would be best acquired by the officers of the militia, in serving with officers of the regular troops, on court martial, for the trial of offenders either of the regular troops or militia.

6. The compensation to the militia for their services, consisting of pay and allowance for clothing, and of pensions in case of disability by wounds received in the service, the committee would allow to remain nearly as heretofore fixed by law.

The committee, acting according to the foregoing principles, report a bill to provide for organizing, arming, and disciplining the militia, for calling them into the service of the United States, for governing them therein, and for compensating them for their services.

JANUARY 9, 1818.

A BILL to provide for organizing, arming, and disciplining the militia; for calling them into the service of the United States; for governing them therein; and for compensating them for their services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, where the same has not been already done, each State and Territory of the United States shall be laid off as the legislature thereof shall direct, into company, battalion, regiment, brigade, and division districts; and each battalion, brigade, and division shall be numbered, and a record of the number of each shall be made in the office of the adjutant general of the State or Territory.

Every free able bodied white man, of the age of eighteen years, and not exceeding forty-five years, shall be enrolled by the commanding officer of the company within the limits whereof he shall reside; and every such man who shall hereafter arrive at the age of eighteen years, or being of the age of eighteen years, and not exceeding forty-five years, shall come to reside within the said company limits, shall be immediately enrolled, in like manner, by the commanding officer of the company, who shall, without delay, notify the person so enrolled, of his enrolment, by a non-commissioned officer: Provided, That the Vice President, the members of both Houses of Congress, and their officers, the attorney general, the judges of the several courts of the United States, and their clerks, the heads of departments, their officers and clerks, all persons holding commissions in the army and navy of the United States, and all who have held a commission in the army or navy, and have not been cashiered by the sentence of a court martal, all postmasters, all pilots, all mariners actually employed in the sea-service, shall be exempted from militia duty, and also all those whom the laws of any State shall exempt from such duty.

Each division shall consist of two brigades, each brigade of four regiments, each regiment of two battalions, and each battalion of five compaLes, if the same be convenient.

The militia shall be officered as follows: To each division, one major general, two aids de camp, with the rank of major, a division inspector, with the rank of a lieutenant colonel, and a division quartermaster, with the rank of major; to each brigade, one brigadier general, one brigade inspector, with the rank of major, and one brigade quartermaster, with the rank of captain; to each regiment, one colonel; to each battalion, one major; to each company, one captain, one first lieutenant, and one second lieutenaut; to each regiment, there shall be a regimental staff, to consist of one adjitant, one quartermaster, and one paymaster, to rank as lieutenants, one Surson, one surgeon's mate, one drum major, and one fife major.

There shall be formed out of the militia enrolled, for each battalion, one company of grenadiers, light infantry, or riflemen; to each brigade, one troop of cavalry; and to each division, at least one company of artillery; to be formed of voluntary enlistment, as the legislature of each State and Territory shall direct; there shall be to each company of artillery, one captain and two lieutenants; and to each troop of horse, one captain, two lieuletants, and one cornet.

There shall be, if convenient, in each company of infantry, four sergeants, four corporals, two musicians, and ninety-six privates; in each company of artillery, four sergeants, four corporals, two musicians, eight arificers, and fifty-six privates; in each troop of horse, four sergeants, four

Four troops of cavalry, or five companies of artillery shall compose a battalion, and two battalions shall constitute a regiment, to which the same field and staff officers shall be appointed as to a regiment of infantry.

The said militia, other than officers, and the companies formed by voluntary enlistments, shall be divided into two classes, to wit: the junior class, consisting of all not exceeding thirty years of age; and the senior class, consisting of all exceeding thirty years of age: Provided, That any militiaman who shall have been two years in the service of the United States, shall have a right to be transferred to the senior class, although he shall not have attained the age of thirty years.

The State and Territorial Legislatures will make such regulations for the extra training of the junior class of the militia, as they shall approve. Whenever detachments of militia shall be called into the service of the United States, they shall be organized (the classes being kept distinct) into companies, battalions, regiments, and divisions, and officered with the like rank and number of officers as the regular troops of the United States.

SEC. 2. And be it further enacted, That the President shall cause arsenals to be provided in the most secure situations in each State and Territory; and shall, so soon as the same is practicable, cause to be deposited therein arms, camp equipage, and ammunition, sufficient to arm and provide the junior class of the militia, and the companies formed by voluntary enlistment; and, so soon as convenient, sufficient to arm and provide the senior class; and shall cause the same to be kept safely and in good order, by such guards of militia or regular troops, as he shall think necessary.

When any detachments of the militia shall be called into the service of the United States, they shall be armed and provided during the time they continue in service, by the United States, from the arsenals aforesaid, or otherwise; and the arms and camp equipage shall be receipted for, and returned, according to such rules as the President shall prescribe: Provided, That every officer shall furnish his own arms and equipments, as prescribed for his rank in the army of the United States.

The dress of the several corps of militia, not in the service of the United States, will be prescribed by the several States, to whom the authority of training the militia belongs.

Each dragoon shall furnish himself with a serviceable horse, a good saddle, bridle, mail pillion, valise, holsters, boots, and spurs.

SEC. 3. And be it further enacted, That the system of discipline prescribed for the camp duties, instruction, field exercise, and field service of the regular troops of the United States, by the President, shall be the system of discipline to be observed by the militia.

It shall be the duty of the President to cause copies of the said system of discipline, and of the rules which prescribe the duties of officers, to be distributed to each general, field officer, and inspector of militia, who will pursue the same in training the militia, under the authority of the State and Territorial Governments.

It shall be the duty of the adjutant general in each State and Territory, to furnish forms of the various returns that may be required, to receive reports of the strength of the militia, and inspection returns; to distribute all orders from the President, and from the commander-in chief of the State or Territory, to the officers commanding corps of militia; to obey all orders from the the President, or the commander-in-chief of the State or Territory, relative to the disciplining or training the militia.

It shall be the duty of the generals, the field officers, the inspectors, and all other officers herein mentioned, to perform the duties which, by law and military usage, are attached to their offices respectively.

SEC. 4. And be it further enacted, That whenever the United States, or any of their Territories, shall be invaded, or shall be, in the opinion of the President, in danger of being invaded, from any foreign nation or Indian tribe, he shall have authority to call forth such number of the militia as he may judge to be sufficient to repel such invasion.

The marshals of the United States in the several States and Territories, and their deputies, shall have the same power in executing the laws of the United States, and judgments of the federal courts, to call forth detachments of the militia to aid them, as sheriffs and their deputies in the several States have by law, in executing the laws of the respective States, and judgments of the courts thereof.

Whenever the laws of the United States shall be opposed, or the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested by by law in the marshals, the President shall have authority to call forth such number of the militia as he may judge to be sufficient to suppress such combinations, and to cause the laws to be duly executed.

In case of an insurrection in any State or Territory against the government, or the laws thereof, it shall be the duty of the President, on the applicaUon of the legislature of such State or Territory, or of the Executive of such State or Territory, when the legislature cannot be convened immediately, to call forth such number of the militia as he may judge to be suffi cient to suppress such insurrection.

The militia of the senior class shall not be liable to be marched out of the State or Territory in which they reside; and those of the junior class, and companies formed by voluntary enlistments, shall not be marched beyond the limits of the United States, and their Territories, to seek an enemy; but if the enemy shall have invaded the territory of the United States, the mitia of the junior class, and companies formed by voluntary enlistments, shall be bound to pursue them into the territory of the enemy, there to carry on the war, until the danger of invasion from such enemy shall, in the opinion of the President, have ceased.

Whenever the President shall call forth any part of the militia, he shall Issue his orders to such officer or officers of the militia as he may judge expedient, who shall execute the same so far as his or their command shall extend.

Every officer or non-commissioned officer, who shall fail to obey the orders of the President, or of a superior officer of the militia, issued in pursuance of orders from the President for calling forth the militia, shall forfeit and pay a sum not exceeding two years' pay, nor less than one year's pay, which he would be entitled to receive if he were in the actual service of the United States; to be determined by a court-martial, who shall also adjudge such officer to be cashiered, and to be incapable of holding a commission in the militia in the service of the United States, for life, or for a term of years.

The court-martial for the trial of such offender shall, if he is of the rank of a major general, be ordered by the President, and detailed by the adjutant general of the State or Territory; and if such offender be of inferior