APPENDIX;

CONTAINING

Select Laws relating to the Militia of the United States.

CHAPTER I.

An act more effectually to provide for the national defence, by establish

ing an uniform militia throughout the United States.*

citizen, of the

under 45, years,

&c.

enrolling, &c.

SEC. 1. Be it enacted by the Senate and House of Re- Every able bopresentatives of the United States of America in Congress died white male assembled, That each and every free able bodied white age of 18, and male citizen of the respective states, resident therein, to be enrolled, 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 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, Duty of captains be the duty of every such captain or commanding officer with respect to 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 Citizens enrolled, months thereafter, provide himself with a good musket, to provide themor firelock, a sufficient bayonet and belt, two spare flints, and accoutreand a knapsack, a pouch, with a box therein to contain months after en not less than twenty-four cartridges, suited to the bore of rol his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or, with a good rifle, knap

See additional act of 2d March, 1803, chapter 5, appendix, by which the provisions of this act are modified in some respects.

selves with arms

ments in six

rolment, &c.

pear armed, &c.

to exercise, &c. except, &c.

sack, shot pouch, and powder horn, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powMilitiamen to ap- der; and shall appear, so armed, accoutred, and prowhen called out '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 the arms, ammunition, and accoutrements, Arms. e. free required as aforesaid, shall hold the same exempted from all suits, distresses, executions, or sales, for debt, or for the payment of taxes.

Muskets to carry

balls eighteen to the pound.

from distress, executions, &c.

Enumeration of

sons, who are ex

tia duty under this act.

SEC. 2. And be it further enacted, That the vice-preoffers and per sident of the United States; the officers, judicial and exempt from mili-ecutive, of the 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 duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years.

Militia in each sta To be ar

sions, brigades,

&

as the legis

latures thereof may direct.

SEC. 3. And be it further enacted, That within one ranged into divi- year after the passing of 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 Organization of 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

brigades, regiiments, &c.

the manner here

shall be officered by the respective states, as follows: To be officered To each division, one major-general and two aids-de- by the states in camp, with the rank of major; to each brigade, one bri- prescribed, gadier-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 bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant-major; one drum-major, and one fife-major.

infantry or rifleinen, to each bat

artillery & troop

horses, armis, &c.

SEC. 4. And be it further enacted, That out of the mi- One company of litia enrolled, as is herein directed, there shall be grenadiers, light formed, for each battalion, at least one company of grea nadiers, light infantry, or riflemen; and that, to each division, there shall be at least one company of artillery. A company of and one troop of horse: there shall be to each company of horse to each of artillery, one captain, two lieutenants, four sergeants, division. four corporals, six gunners, six bombardiers, one drummer, and one fifer. The officers to be armed with a sword, or hanger, a fusce, 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 ord nance and field artillery is provided. There shall be, to each troop of horse, one captain, two lieutenants, one officers of the cornet, four sergeants, four corporals, one saddler, one dragoons, their 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 Dragoons, their himself with a serviceable horse, at least fourteen hands horses, arms, &c, and an half high, a good saddle, bridle, mail pillion, and valise, 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 discre- tillery and troop tion of the commander-in-chief of the state, not ex- formed of volunteers, &c. ceeding 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 expense; the color and fashion to be determined by the brigadier commanding the brigade to which they belong.

Company of ar

of horse to be

Colors to batta

ments, and by

SEC. 5. And be it further enacted. That each batta lions and reg lion and regiment shall be provided with the state and whom provided, regimental 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 legislature of the respective states shall direct.

An adjutant-general in each state.

His duties.

Rules of discip.

in 1779; except,

&c.

SEC. 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.

SEC. 7. And be it further enacted, That the rules fine, the same as of discipline, approved and established by congress, in their resolution 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 by some other unavoidable circumstances, It shall be the duty of the commanding officer, at every ficers to train mi- muster, whether by battalion, regiment, or single comthe rules pre-pany, to cause the militia to be exercised and trained agreeably to the said rules of discipline.

Commanding of

litia according to

scribed.

*This section is repealed by act of 12th May, 1820, chapter 10, appendix, which adopts, for the militia of the United States, the system of discipline and field exercise observed by the regular army. The rules of 1779, here referred to, were contained in the system prepared by the baron Steuben, which was examined and amended by general Washington prior to its adoption by congress.