Act of congress recited.

TITLE 67. Militia.

An Act for forming and conducting the Military
Force.

Whereas the congress of the United States did, on the eighth day of May, in the year one thousand seven hundred and ninety-two, pass an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," and on the twelfth of May, one thousand eight hundred and twenty, passed an additional act, which first mentioned act, as altered by said additional act, is in the words following, to wit:

SECT. 1.

E it enacted by the Senate and House of Representatives of the United States of Ameri

ca, in Congress assembled, That each and every free, able What persons bodied white male citizen of the respective states, resito be enrolled; dent therein, who is or shall be of the age of eighteen years, and under the age of forty-five years, (except as is hereinafter excepted,) shall, severally and respectively, and by whom, 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 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, shall, within six months thereafter, provide himself with a 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 provided, when called out to exercise, or into service; except, that when called out, on company days, to exercise only, he may ap

Notice of enrolment to be given.

Arms and accoutrements.

armed.

pear without a knapsack. That the commissioned offi- Commissioned cers shall, severally, be armed with a sword or hanger, officers, how 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 Muskets, of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition, Arms, &c. to be exempt and accoutrements, required as aforesaid, shall hold the from execusame exempted from all suits, distresses, executions, or tion. sales, for debt, or for the payment of taxes.

what bore.

SECT. 2. And be it further enacted, That the vice-pres- Persons exident of the United States; the officers, judicial and ex- empt from ecutive, of the government of the United States; the military duty. 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 ferry-men 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 fortyfive years.

SECT. 3. And be it further enacted, That within one Militia, how to year after the passing of this act, the militia of the re- be arranged. spective 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-gen- Rank, how deeral's office in the state; and when in the field, or in termined. 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 sixtyfour privates: That the said militia shall be officered, by How to be the respective states, as follows: to each division, one oflicered. 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 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 lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or

Regimental staff.

Grenadiers,

&c.

bugler: That there shall be a regimental staff, to consist of one adjutant, and one quarter-master, to rank as lieutenants; one pay-master; one surgeon, and one surgeon's mate; one sergeant-major; one drum-major; and one fife-major.

SECT. 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 rifle-men; and that to each division, Artillery, &c. there shall be, at least, one company of artillery, and one

how officered

and armed.

Troop of horse, and equipped.

how officered

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 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 bear-skin 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 valice, 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 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 To be clothed be uniformly clothed 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.

Artillery and troops of horse,

of whom to be formed.

in uniform.

Colours.

SECT. 5. And be it further enacted, That each battalion and regiment shall be provided with the state and regimental colours, by the field officers; and each company, with Drum and fife, a drum and fife, or bugle-horn, by the commissioned or bugle-horn. officers of the company; in such manner as the legislature of the respective states shall direct.

Adjutant-gen

eral.

His duty.

SECT. 6. And be it further enacted, That there shall 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 several officers of the different corps, throughout the state, returns of the 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.

Rules of dis

cipline.

SECT. 7. And be it further enacted, That the system of discipline and field exercise, which is and shall be ordered to be observed by the regular army of the United States, in the different corps of infantry, artillery, and rifle-men, shall also be observed by the militia, in the exercise and discipline of the said corps, respectively, throughout the United States, excepting such deviations from the said rules, as may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the commanding officer, at every muster, whether by battalion, regiment, or single compa- Duty of comny, to cause the militia to be exercised and trained, agree- cer in relation ably to said rules of discipline.

manding offi

thereto.

SECT. 8. And be it further enacted, That all commis- Officers, how sioned officers shall take rank according to the date of to take rank. their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company or detach

ment.

SECT. 9. And be it further enacted, That if any person, Provision for whether officer or soldier, belonging to the militia of any the wounded, state, and called out into the service of the United or disabled. States, be wounded or disabled, while in actual service,

he shall be taken care of, and provided for, at the public

expense.

SECT. 10. And be it further enacted, That it shall be Brigade-inthe duty of the brigade-inspector to attend the regimen- spector's duty. tal and battalion meetings of the militia, composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutre

ments, superintend their exercise and manoeuvres, and introduce the system of military discipline before described, throughout the brigade, agreeably 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 Adjutant gene order and military discipline; and the adjutant-general shall make a return of all the militia of the state, to the plicate returns. commander in chief of the said state, and a duplicate of Corps of artil- the same to the president of the United States. And lery, cavalry, &c. now exist whereas sundry corps of artillery, cavalry, and infantry, ing, now exist in several of the said states, which, by the laws, customs, or usages thereof, have not been incorporated with, or subject to, the general regulations of the militia:

ral to make du

to retain their accustomed privileges.

Militia, of whom com

posed.

Persons exempted from

SECT. 11. Be it further enacted, That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act, in like manner with the other militia.

Now, therefore, to carry the same into execution, agreebly to the requirements thereof:

SECT.1.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That every free, able-bodied white male citizen of this state, or resident therein, who is or shall be of the age of eighteen, and under the age of forty-five years, except as is therein specially excepted; excepting, also, members of the senate, and of the house of representatives, for military duty. the time being; the state treasurer, secretary and comptroller; justices of the peace; licenced physicians and surgeons, while they continue in practice; general and field officers, honorably discharged; commissioned and staff officers, who have heretofore been honorably discharged, having served in the office from which they shall have been discharged, five years, or having held commissions or warrants, as staff officers, eight years; all commissioned and staff officers, holding commissions under this state, who have been, or shall be, honorably discharged, in consequence of their term of service having expired, or in consequence of a reorganization of the militia; ministers of the gospel; the president, professors and tutors of Yale-College; graduates residing in New-Haven, subject to the laws, and under the instruction of the officers of