Act of Congress recited. What persons to be eurolled; Notice of enrolment to be given. CHAP. XI. Militia. CHAP. XI. An Act for forming and conducting the military force of this State. WHEREAS the Congress of the United States 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 establisking an uniform Militia throughout the United States," which is. in the words following, viz. E it enacted by the Senate and House of Rep § 1. BE resentatives 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 forty-five years, except as is hereinafter excepted, shall severally and respectively be enrolled in the militia by the and by whom. 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, it shall at all times hereafter be the duty of every such captain or commandiug 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, and under the age of forty-five years, except as before excepted, shall come to reside within his bounds; and shall without delay, notify each citizen of the said enrollment, by a proper non-commissioned officer of the company, by whom such notice may be proved That every such 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 twentyfour 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 exCommissioned ercise only, he may appear without a knapsack:officers, how to 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 this act, all muskets for arming the militia shall be of bores suffi Arms and accoutrements. be armed. Muskets, of what bore. ་་ CHAP. XI. Militia. cient for balls of the eighteenth part of a pound : execution. And every citizen so enrolled, and providing himself Arms &c. to be with the arms, ammunition and accoutrements, re- exempt from quired as aforesaid, shall hold the same exempt 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 United States; the members of both houses of Congress, and their respective 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 mariners actually employed in the sea-service of any citizen or merchant within the United States; and all persons who are, or may hereafter be exempted by the laws of the respective States; shall be and are hereby exempted from military duty, notwithstanding their being above eighteen, or under the age of forty-five years. Persons ex empt from mil itary duty. Militia, how be arrranged, 3. And be it further enacted, That within one year after the passing this act, the militia of the réspective States shall be arranged into divisions, brig ades, regiments 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: each division, brigade and regiment, shall respectively take rank Rank, how de according to their numbers, reckoning the first or low- termined. est 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 respec- How to be offi tive States as follows; to each division one major- cered. general, and two aids-de-camp with the rank of inajor; 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 lieutenantcolonel commandant, and to each battalion one major; to each company one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, one ifer or bugler: That there shall be a regimental staff, Regimental to consist of one adjutant, one quarter-master to rank staff. as lieutenant, one pay-master, one surgeon and sur geon's mate, one sergeant-major, one drum-major, and one fife-major. Artillery; how officered and armed. Troop of horse, how officered, and equipped. CHAP. XI. Militia. §4. And be it further enacted, That out of the militia enrolled as is herein directed, there shall be formed, Grenadiers &c. for each 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, fusee, bayonet and belt, with a cartridge-box to contain twelve cartridges; and each private or matross shall furnish himself with all 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 a 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 a 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 cartridge-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 to each regiment, nor more in number than one eleventh part of the infantry, and To be clothed shall be uniformly clothed in regimentals, to be furuished 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. i uniform. Colours. Drum and fife, or bugle horn. Adjutant General. His duty. § 5. And be it further enacted, That each battallion and regiment shall be provided with a State and regimental colours 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 State shall direct. § 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 disci CHAP. XI. Militia. pline established by this act; to furnish blank forms of different returns that may be required, and to explain the principles on which they shall be made; to receive from the several officers of the different corps through out the State, returns of the militia under their command, respecting 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 of the brigades, regiments and battalions, are hereby required to make, in the usual manuer, 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. 7. And be it further enacted, That the rules of Rules of disc:discipline approved and established by Congress, in pline. their resolutions of 29th of March, 1779, shall be the rules of discipline to be observed by the militia throughout the United States, excepting such deviations from the said rules ás may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the com- Duty of commanding officer, at every muster, whether by battalion, manding offi regiment, or single company, to cause the militia to be cer in relation exercised and trained agreeably to the said rules of discipline. thereto. to take rank. 58. And be it further enacted, That all the commis- Officers, how sioned officers shall take rank according to the date of 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 detachment. § 9. And be it further enacted, That if any person, Provision for whether officer or soldier, belonging to the militia of the wounded any State, and called out into service of the United or disabled. States, be wounded or disabled while in actual service, he shall be taken care of at the public expense. § 10. And be it further enacted, That it shall be the duty of the brigade inspector to attend the regimental Brigade inand battalion meeting of the militia, composing the sev- spector's duty. ral brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutrements, superintending their exercise and manœuvres, and introducing the system of military discipline before deseribed, throughout the brigade according to law, and such orders as they shall from time to time receiva from the commander in chief of the State; to make re Adjutant Ger eral to make duplicate re turns. Corps of artil- to retain their accustomed privileges. Militia, of whom to be composed. Persons exempted from CHAP. XI. Militia. turtis 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 in every other thing which in his judgment relates 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 in 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 the laws, usages and customs thereof, have not been incorporated with, or subject to the general regulations of the militia : 3: § 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. JONATHAN TRUMBULL, Speaker of the House of Representatives. President pro tempore of the Senate. Approved May 8th, 1792. GEORGE WASHINGTON, President of the United States. Now therefore to carry the same into execution, agreeably to the requirements thereof: §1. BE it enacted by the Governour and Council and House of Representatives in General Court assembled, That each and 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 fortyfive years, except as is therein especially excepted; excepting also members of the Council and of the House of Representatives for the time being; the State military duty. Treasurer, Secretary and Comptroller; justices of the peace; licensed physician's and surgeons while they continue in practice; general and field officers, honourably discharged; commissioned and staff officers, who have heretofore been honourably discharged, or who shall hereafter be honourably discharged having served in the office from which they shall be discharged five years, or having held commissions or warrants as staff officers, ten years; all commissioned and staff officers, holding commissions under this State, who have been or shall be honourably discharged, in consequence of their term of service having expired, or in |