CHAPTER XXX Par. THE MILITIA THE MILITIA OF THE DISTRICT OF COLUMBIA-THE TERRITORIAL MILITIA. THE MILITIA. 1650-1655. Composition and enrollment. 1656-1661. Organization. 1662-1663. Instruction and discipline. 1669-1674. Active service of the militia. Par. 1650. The militia. Par. 1681-1684. Pay, rations, etc. | 1688-1690. Courts-martial, fines, etc. 1777-1781. The Territorial militia. COMPOSITION AND ENROLLMENT. 1651. Who liable to enrollment. 1652. Enrollment by captains. Par. 1653. Notice of enrollment. 1650. A well regulated militia, being security of a free State, the right of the and bear arms shall not be infringed. the United States, second amendment. Second amendment to Consti necessary to the The militia. people to keep ment t Constitution of 1The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The second amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government. U. S. v. Cruikshank, 92 U. S., 542. The right voluntarily to associate together as a military company or organization, or to drill or parade with arms, without and independent of an act of Congress or law of the State authorizing the same, is not an attribute of national citizenship. Military organization and military drill and parade under arms are subjects especially under the control of the government of every country. They can not be claimed as a right independent of law. Under our political system they are subject to the regulation and control of the State and Federal governments, acting in due regard to their respective prerogatives and powers. The Constitution and laws of the United States will be searched in vain for any support to the view that these rights are privileges and immunities of citizens of the United States, independent of some specific legislation on the subject. It can not be successfully questioned that the State governments, unless restrained by their own constitutions, have the power to regulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies to perform the duties or exercise the privileges of citizens of the United States; and have also the power to control and regulate the organization, drilling, and parading of military bodies and associations, except when such bodies or associations are authorized by the militia laws of the United States. The exercise of this power, by the States, is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the State to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine. Presser r. Illinois, 116 U. S., 252, 267; U. S. v. Cruikshank, 92 C. S., 542; New York v. Miln, 11 Pet., 102, 139. Who to be enrolled in the 1651. Every able-bodied male citizen of the respective May 8, 1792, c. States, resident therein, who is of the age of eighteen militia. May 33, s. 1, v. 1, p. 271; July 17, 1862, c. years, and under the age of forty-five years, shall be en 201, s. 1, v. 12, p. rolled in the militia. 597; Mar. 2, 1867, c. 145, s. 6, v. 14, p. 423. Houston v. Moore, 5 Wh., 1. Sec. 1625, R.S. Enrollment, by whom. C. 33, s. 1, v. 1, p. 271. 1652. It shall be the duty of every captain or commandMay 8, 1792, c. ing officer of a company to enroll every such citizen residSec. 1626, R.S. ing within the bounds of his company, and all those who may, from time to time, arrive at the age of eighteen years, or who, being of the age of eighteen years and under the age of forty-five years, come to reside within his bounds. 1653. Each captain or commanding officer shall, without May 8, 1792. c. delay, notify every such citizen of his enrollment, by a Mar. 2, 1803, c. 15, proper non-commissioned officer of his company, who may Sec. 1627, R.S. prove the notice. And any notice or warning to a citizen Notice of enrollment. 33, s. 1, v. 1, p. 271; s. 2, v. 2, p. 207. Arms and accouterments. 33, s. 1, v. 1, p. 271; enrolled, to attend a company, battalion, or regimental muster, which is according to the laws of the State in which it is given for that purpose, shall be deemed a legal notice of his enrollment. 1654. Every citizen shall, after notice of his enrollment, May 8, 1792, c. be constantly provided with a good musket or firelock of a Mar. 2, 1803, c. 15, bore sufficient for balls of the eighteenth part of a pound, Sec. 1628, R.S. a sufficient bayonet and belt, two spare flints, and a knap 8. 2, v. 2, p. 207. Persons ex empt. 33, s. 2, v. 1, p. sack, 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, shotpouch 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, accoutered, 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. And all arms, ammunition, and accouterments so provided and required shall be held exempted from all suits, distresses, executions, or sales for debt or for the payment of taxes. Each commissioned officer shall be armed with a sword or hanger and spontoon. EXEMPTIONS. 1655. The Vice-President of the United States; the May 8, 1792, c. officers judicial and executive of the Government of the 272; May 7, 1800, United States; the members of both Houses of Congress, 62; Apr. 30, 1810, and their respective officers; all custom-house officers with their clerks; all postmasters and persons employed in the transportation of the mail; all ferrymen employed at any c. 46, s. 1, v. 2, p. c. 37, s. 33, v. 2, p. 603. Sec. 1629, B.S. ferry on post-roads; all inspectors of exports; all artificers and workmen employed in the armories and arsenals of the United States; 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 exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. into divisions, brigades, ete. 272. 1656. The militia of each State shall be arranged into, Arrangement divisions, brigades, regiments, battalions, and companies, 1792, c. as the legislature of the State may direct. Each brigades. 3, v. 1. p. may consist of four regiments; each regiment of two bat- Sec. 1630, H.S. talions; each battalion of five companies; each company of sixty-four privates. Each division, brigade, and regiment -hall be numbered at the formation thereof; and a record of such numbers shall be made in the adjutant-general's office of the State. When in the field, or in service in the State, each division, brigade, and regiment shall respectively take rank according to its number, reckoning the first or lowest number highest in rank.' 1657. The militia shall be officered by the respective red how States as follows: To the militia of each State, one quarter-MAN 1992. C. master-general; to each division, one major-general, two Mar 26, 1 as de camp with the rank of major, one division inspector 1914, with the rank of lieutenant colonel, and one division Apr 2019 e quartermaster with the rank of major; to each brigade, Sec. 1631, K.S. one brigadier-general, one brigade inspector, to serve also as brigade major with the rank of major, one quartermaster of brigade with the rank of captain, and one aidde camp with the rank of captain; to each regiment of two battalions, one colonel, one lieutenant colonel, one major, and one chaplain; to only one battalion, a major, who shall command the same; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. And there shall be a regimental staff, to consist of one adjutant and one quarter For active servjoc organization, men paatdalajarat co to 167%, post, Who to be enrolled in the militia. May 8, 1792, c. 1651. Every able-bodied male citizen of the respective States, resident therein, who is of the age of eighteen years, and under the age of forty-five years, shall be en201, s. 1, v. 12, p. rolled in the militia. 33, s. 1, v. 1, p. 271; July 17, 1862, c. 597; Mar. 2, 1867, c. 145, s. 6, v. 14, p. 423. Houston v. Moore, 5 Wh., 1. Sec. 1625, R.S. Enrollment, by whom. C. 33, s. 1, v. 1, p. 271. Notice of enrollment. 1652. It shall be the duty of every captain or commandMay 8, 1792, ing officer of a company to enroll every such citizen residSec. 1626, R.S. ing within the bounds of his company, and all those who may, from time to time, arrive at the age of eighteen years, or who, being of the age of eighteen years and under the age of forty-five years, come to reside within his bounds. 1653. Each captain or commanding officer shall, without May 8, 1792, c. delay, notify every such citizen of his enrollment, by a Mar. 2, 1803, c. 15, proper non-commissioned officer of his company, who may Sec. 1627, R.S. prove the notice. And any notice or warning to a citizen enrolled, to attend a company, battalion, or regimental muster, which is according to the laws of the State in which it is given for that purpose, shall be deemed a legal notice of his enrollment. 33, s. 1, v. 1, p. 271; s. 2, v. 2, p. 207. Arms and accouterments. 33, s. 1, v. 1, p. 271; 1654. Every citizen shall, after notice of his enrollment, May 8, 1792, c. be constantly provided with a good musket or firelock of a Mar. 2, 1803, c. 15, bore sufficient for balls of the eighteenth part of a pound, Sec. 1628, R.S. a sufficient bayonet and belt, two spare flints, and a knap 8. 2, v. 2, p. 207. Persons ex empt. 33, s. 2, v. 1, p. sack, 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, shotpouch 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, accoutered, 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. And all arms, ammunition, and accouterments so provided and required shall be held exempted from all suits, distresses, executions, or sales for debt or for the payment of taxes. Each commissioned officer shall be armed with a sword or hanger and spontoon. EXEMPTIONS. 1655. The Vice-President of the United States; the May 8, 1792, c. officers judicial and executive of the Government of the 272; May 7, 1800, United States; the members of both Houses of Congress, 62: Apr. 30, 1810, and their respective officers; all custom-house officers with their clerks; all postmasters and persons employed in the transportation of the mail; all ferrymen employed at any c. 46, s. 4, v. 2, p. c. 37, s. 33, v. 2, p. 603. Sec. 1629, R.S. ferry on post-roads; all inspectors of exports; all artificers and workmen employed in the armories and arsenals of the United States; 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 exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. ORGANIZATION. Par. 1656. Divisions and brigades. 1657. How officered. 1658. Rank of officers. Par. 1659. Artillery and cavalry. Arrangement into divisions, brigades, etc. 272. 1656. The militia of each State shall be arranged into divisions, brigades, regiments, battalions, and companies, bags, 1792, c. as the legislature of the State may direct. Each brigade 33, s. 3, v. 1, p. may consist of four regiments; each regiment of two bat- Sec. 1630, R.S. talions; each battalion of five companies; each company of sixty-four privates. Each division, brigade, and regiment shall be numbered at the formation thereof; and a record of such numbers shall be made in the adjutant-general's office of the State. When in the field, or in service in the State, each division, brigade, and regiment shall respectively take rank according to its number, reckoning the first or lowest number highest in rank.' officered. v. 1, p. 272; s. 3, v. 2, p. 207; 80, v. 3, p. 134; 64, v. 3, p. 295. 1657. The militia shall be officered by the respective Militia, how States as follows: To the militia of each State, one quarter-May 8, 1792, c. master-general; to each division, one major-general, two Mar. 2, 1803, c. 15, aids-de-camp with the rank of major, one division inspector Apr. 18, 1814, c. with the rank of lieutenant-colonel, and one division Apr. 20, 1816. c. quartermaster with the rank of major; to each brigade, Sec. 1631, B.S. one brigadier-general, one brigade inspector, to serve also as brigade major with the rank of major, one quartermaster of brigade with the rank of captain, and one aidde-camp with the rank of captain; to each regiment of two battalions, one colonel, one lieutenant-colonel, one major, and one chaplain; to only one battalion, a major, who shall command the same; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. And there shall be a regimental staff, to consist of one adjutant and one quarter 1 For active service organization, see paragraphs 1675 to 1678, post. |