Officers to for the SEC. 2. And be it further enacted, That it shall be the prosecute duty of the officers from whom any fines, forfeitures or penalties may be withholden or detained, to collect the same in the due course of law, and to prosecute for the breaches of this act in manner aforesaid. same. Justices to turn to SEC. 3. And be it further enacted, That every justice of make re- the peace and warden shall annually, on the first day of general May session of the general assembly, make return to the treasurer. general treasurer, whether he hath collected any fines due to the State during the last year and until that time, and the amount and circumstances of such fines, if any by him collected, and shall pay over the same to the general treasurer; and that if any justice of the peace or warden lect to be shall neglect to make return as aforesaid, or shall neglect ineligible. to pay over the fines by him collected, he shall be ineligible to the said office of justice of the peace or warden. On neg 1718 36 '40 '44 '45 '54 55 56 '58 '67 74 976 77 79 '03 '04 '06 An act to organize the Militia. WHEREAS by the constitution of the United States the 294 '96 '98 congress have power to provide for organizing, arming '99 1801 and disciplining the militia, and for governing such part 207 '08 '10 of them as may be employed in the service of the United '11 '12 '13 States; reserving to the States respectively the appoint20 21 22. ment of the officers, and the authority of training the mil '14 '16 '17 itia according to the discipline prescribed by congress: and whereas the congress did, on the eighth day of May, A. D. 1792, pass an act, entitled "an act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States;" which act is in the words following, to wit: Act of con- An act more effectually to provide for the national defence, by establishing an uniform Militia throughout the United States. gress. be curoll ed. 1. Be it enacted by the Senate and House of Representatives Who shall of the United States of America, in Congress assembled, That each and every free, able-bodied, white male citizen of the respective States, resident therein, who is or shall be of the age of eighteen years, and under the age of fortyfive years, (except as is hereinafter excepted,) shall severally and respectively be enrolled in the militia, by the contain or commanding officer of the company within whiese 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 enrol 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 enrolment by a proper non-commissioned officer of the company, by whom such notice may be proved: that every citizen so enrolled and notified, How to be shall, within six months thereafter, provide himself with a equipped. good musket or firelock, a sufficient bayonet and belt, two spare flints and a knapsack, a pouch with 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 vided 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 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. pro 2. And be it further enacted, That the vice-president of the Exemp United States; the officers judicial and executive of the tions. 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 stage-drivers 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 322 Militia, divided. duty, notwithstanding their being above the 3. And be it further enacted, That within one year afhow to be ter passing this act, the militia of the respective States shall be arranged into divisions, brigades, regiments, battalions and companies, as 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, and each company of sixty-four privates: that And off the said militia shall be officered by the respective States as follows: to each division one major-general and two aides-de-camp, with the rank of major; to each brigade one brigadier-general, with one brigade inspector, to serve also as brigade-major, with the rank of 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 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. cered, Companies of grena to be formed, &c. 4. And be it further enacted, That out of the militia enrolled as herein directed, there shall be formed for each diers, &c. battalion at least one company of grenadiers, light infantry or riflemen; and that to each division there shall be at least one company of artillery and one troop of horse; there shall be to each company of artillery one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer and one fifer; the officers to be armed with a sword or hanger, a 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 each troop of horse one captain, two lieutenants, one cornet, four sergeants, four corporals, one sadler, 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 breastplate and crupper, a pair of boots and spurs, a pair of pistols, a sabre and a cartouche box to contain twelve cartridges for pistols: that each company of artillery and troop of horse shall be formed of volunteers from the brigade, 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 clothed in regimentals, to be furnished at their own expence; the color and fashion to be determined by the brigadier commanding the brigade, to which they belong. provided. 5. And be it further enacted, That each battalion and Colors, regiment shall be provided with the State and regimental &c. to be 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 legislatures of the respective States shall direct. his duty. 6. And be it further enacted, That there shall be an ad- Adjutantjutant-general appointed in each State, whose duty it general, 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 several officers of the different corps throughout the State, returns of militia under their command, reporting the actual situation of their arms, accoutrements and ammunition, their delinquencies and every other thing which relates to the general advancement of good order and discipline; all which the several officers of the divisions, brigades, regiments and battalions are hereby required to make in the usual manner, so that the said adjutant-general may be duly furnished therewith; from all which returns he shall make proper abstracts, and lay the same annually before the commander in chief of the State. discipline. Rules of 7. And be it further enacted, That the rules of discipline approved and established by congress in their resolutions of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be the rules of discipline to be observed by the militia throughout the United States, except such deviations from the said rules as may be rendered necessary by the requisitions of this act, or some other unavoidable circumstances: it shall be the duty of the commanding officer at every muster, whether by battalion, regiment or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline. Rank. 8. And be it further enacted, That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then the rank to be determined by lot, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company or detachment. Disabled 9. And be it further enacted, That if any person, whether soldiers. officer or soldier, belonging to the militia of any State, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expence. Brigade his duty. 10. And be it further enacted, That it shall be the duty inspector, of the brigade-inspector to attend the regimental and battalion meetings of the militia composing their several brigades, during the time of their being under arms; to inspect their arms, ammunition and accoutrements, superintend their exercises and manœuvres, 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 United States. And whereas sundry corps of artillery, cavalry and infantry, now exist in several of the said States, which by |