[Philadelphia, 1790]
A BILL more effectually to provide for the national Defence, by establishing a uniform Militia throughout the United States.
Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia of the United States shall consist of each and every free, able-bodied male citizen of the respective States, resident therein, who are or shall be of the age of eighteen years, and under the age of fifty years (except as is hereinafter excepted) who shall severally and respectively be enrolled by the captain or commanding officer of the company within whose bounds such citizen shall reside, and that within months after 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 fifty 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 month thereafter, provide himself with a good musket or firelock of a bore not smaller than seventeen balls to the pound, a sufficient bayonet and belt, a pouch with a box therein to contain not less than twenty-four cartridges suited to the bore of his muket or firelock, each cartridge to contain a proper quantity of powder and ball, two spare flints, and a knapsack; and shall appear so armed, accountred and provided, when called out to exercise or into service as is herein directed, 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.
Sec. 2. And be it further enacted, That the Vice-President of the United States, the members of Congress, with their several officers and servants attending either House; the officers, judicial and executive, of the general government; the Lieutenant-Governor and executive council of the respective States; the members of the legislatures of the respective States, with their officers and servants attending their several houses; all judicial and executive officers of each States; all persons conscientiously scrupulous of bearing arms; all ministers of religion, actually having the charge of a church or congregation; all principals, professors, and other teachers of, together with the students in, universities, colleges and academies; every school-master actually having the charge of a school; 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; one miller to every grift-mill; all commissioned officers who heretofore served in the continental army, and all mariners actually engaged in the sea service of any citizen or merchant within the United States, together with such other persons who may be excepted by any law hereafter to be passed by the legislature of any particular State, shall be, and are hereby excepted out of this act, and exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of fifty years.
Sec. 3. And be it further enacted, That the Governor, or commander in chief of the militia of the respective State for the time being, shall within one year from the passing of this act, by general orders, arrange the whole militia under his command into divisions as nearly equal as conveniently may be, and those divisions into brigades, regiments, battalions and companies--That each division, brigade and regiment in the State, shall be numbered at the formation
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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 each brigade, if practicable, shall consist of at least four regiments; each regiment of at least two battalions; each battalion of five companies if practicable; and each company of sixty-four men--That the said militia shall be officered by the respective States as follows: To each division, one major-general, and two aids de-camp with the rank of majors; to each brigade, one brigade-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 serjeants, four corporals, one drummer, and one fifer or bugle horn; that to each regiment there shall be a regiment staff, to consist of one adjutant, and one quarter-master, to rank as lieutenants, one paymaster, one surgeon and one surgeon's mate, one serjeant-major, one drum-major and one fife-major.
Sec. 4. And be it further enacted, That in order to promote military knowledge among the citizens of the United States in their youth, and for the purpose of furnishing the means of immediate defence in case of invasion or insurrection, the citizens of the United States forming the militia thereof as aforesaid, and who shall be of the age of eighteen years, and under the age of twenty-five years, shall be separately enrolled by the captain or other commanding officer of the company, and officered by the State, and formed into distinct companies by themselves in like manner as is herein before directed, which companies shall form the light infantry or riflemen of each battalion or regiment--That to each brigade there shall be at least one company of artillery, and one troop of horse. The officers of each company of artillery shall consist of one captain, two lieutenants, four serjeants, 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 at his own expence with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. The officers of each troop of horse shall consist of one captain, two lieutenants, one cornet, four serjeant, four corporals, one saddler, one farrier and one trumpeter. The commissioned officers to furnish themselves, at their own expence, with good horses, of at least fourteen hands 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, at his own expence, with a serviceable horse, at least fourteen hands high, a good saddle, bridle, housing, 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 regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly cloathed in regimentals to be furnished at their own expence, the colour and fashion of which to be determined by the brigadier commanding the brigade to which they belong.
Sec. 5. And be it further enacted, That each battalion and regiment shall be provided with state and regimental colours, at the expence of the field officers, and each company with a drum and fife at the expence of the commissioned officers of the company, until they can be reimbursed by the fines and forfeitures herein after mentioned.
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Sec. 6. And be it further enacted, That each company of the militia of the United States, who shall form the light infantry or rifle companies, the artillery and troops of horse as aforesaid, shall rendezvous four times in every year, in companies, for the purpose of training, disciplining and improving in martial exercises; and twice in every year in regiment or battalion, as the commanding officer of the shall direct: And all other companies of said militia shall rendezvous twice in every year, in companies, and twice in every year in regiment or battalion as aforesaid. The times and places of rendezvous to be appointed by the laws of each State, or the commander in chief thereof, in such manner that the field and staff officers may have an opportunity of attending the several companies exercising in detail, in order to introduce uniformity in the manoeuvres and discipline of the regiment.
Sec. 7. And be it further enacted, That in order to prevent any injury arising from drawing off the workmen at certain works and manufactories hereafter named, to attend the several days of rendezvous as aforesaid, it shall and may be lawful for the commander in chief of each State to appoint proper officers at all furnaces for manufacturing of iron, and all works for manufacturing of glass, if any such shall be within the State, whose duty it shall be to form the workmen, manufacturers and laborers belonging thereto, into a company or companies, in manner aforesaid, or as nearly thereto as circumstances will admit, and to train, exercise and discipline them in manner directed by law, excepting as to the place, which shall always be at the works or manufactories, and excepting the meeting in regiment or battalion, in lieu of which they shall meet in companies at the said works and manufactories, in manner aforesaid. And the said workmen, manufacturers and laborers, shall be excused from all other militia duty, except in times of invasion or insurrection.
Sec. 8. And be it further enacted, That there shall be an adjutant-general appointed for 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: And the said adjutant-general shall have the rank of a lieutenant-colonel in the militia. And there shall also be appointed in each State a commissary of military stores, who shall by law direct, whose duty it shall be to take the charge and keeping of all the ordnance and military stores of the State, subject to such orders and instructions, in the execution of his and their duty, as he or they shall from time to time receive from the commander in chief of the State, or other superior officer.
Sec. 9. And be it further enacted, That all officers shall be appointed and commissioned to any of the offices as aforesaid, shall within ten days after
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notice of such appointment or commission, report their acceptance of such office to the commanding officer of the regiment or brigade; on failure whereof, such neglect shall be considered as a refusal; and the said commanding officer shall within ten days thereafter report the same to the said commanding officer of the division or brigade, who shall from time to time report the same, with all vacancies that may happen, to the adjutant-general, for the information of the commander in chief of the State.
Sec. 10. And be it further enacted, That every commissioned officer who shall be convicted by a general court-marital, of having refused or neglected t[o] perform, or of having acted contrary to any of the duties of his office, shall be punished according to the nature and degree of his offence, at the discretion of the court, either by fine or removal from his office: Provided, That no fine for the first offence, shall exceed dollars; and for any subsequent offence dollars; which fines shall be levied and collected by warrant, under the hand and seal of the commanding officer of the regiment or battalion, directed to any serjeant of the regiment or battalion to which the offender may belong, in like manner as the fines hereafter mentioned to be recovered of non-commissioned officers and privates, for neglect or refusal of duty, are directed to be levied and collected. That the commanding officer of divisions and brigade, the members of which shall be warned for that duty by the brigade-major, who shall keep a roster for that purpose. That the proceedings and sentence of every court marshal, by which any officer shall be removed from office, shall be in writing, signed by the president thereof; and shall by the president be delivered to the commanding officer of the brigade, to be by him transmitted to the commander in chief of the State, who shall approve or disapprove of the same in orders: And that all other proceedings and sentences of brigade courts-martial, shall be delivered by the president thereof to the commanding officer of the brigade, who shall approve or disapprove of the same in orders. That all courts-martial for the trial of general officers, shall be ordered by the commander in chief of the State, and composed of general and field officers, who shall be warned to that duty by the adjutant-general of the State, from a roster to be by him kept for that purpose. That the proceedings and sentences of such courts shall be transmitted by the presidents thereof to the commander in chief, who shall approve or disapprove of the same in orders: Provided, That no sentence of a court-martial on a general officer, shall extend further than a removal from office. That all general courts-marshall shall consist of at least nine commissioned officers, who shall appoint their judge-advocate, who is hereby authorized and required to administer an oath to each member of the court, which they are hereby enjoined severally to take before they proceed on business, to the following effect: "You do swear that you will well and truly try and determine according to e vidence, the matter depending between the slate of and the prisoner or prisoners now to tbe tried--That you will not devulge the sentence of the court, until the same shall be approved or disapproved pursuant to law; neither will you, upon any account at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court-matial, unless required by a due court of law," And the president of the court-martial is hereby authorized and required thereupon to administer an oath to the judge advocate, which he is hereby enjoined to take before he proceeds farther on business, to the following effect: "You do swear that you will not on any account, at any time whatever, disclose or discover the vote or opinion of
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any particular member of the court-martial, unless required in a due course of law; and that you will not divulge the sentence of this court, until the same shall be approved or disapproved according to law; and that you will well and truly to the duty of a judge-advocate in this court, impartially and uprightly, according to the best of your abilities."
Sec. 11. And be it further enacted, That every non-commissioned officer or private, not necessarily absent from the county or town, who shall neglect to appear, when warned pursuant to law, at a company meeting or rendezvous, not having a sufficient excuse, shall forfeit and pay the sum of fifty cents; and for appearing at such meeting or rendezvous without his arms, ammunition or accoutrement, as directed by this act, shall pay the sum of twenty-five cents; and for the like offences at a regimental or batallion meeting or rendezvous, for the first offence aforesaid he shall forfeit and pay the sum of one hundred cents, and for the last offence the sum of fifty cents: And in case of any disobedience of orders or neglect of duty while under arms or in actual service, he shall forfeit and pay such sum as shall be directed by the major voice of the officers of the company, batallion or regiment, provided the same shall not in any case amount to more than and that all fines arising from offences in company only shall be adjudged of and imposed by the commissioned officers of the company, or the major part of them, and all fines to arise from offences in batallion or regiment with respect to the non-commissioned officers and privates, shall be adjudged and imposed by the field officers of the batallion or regiment, all which fines shall be levied with costs, not exceeding cents, by warrant from the colonel or commanding officer of the regiment, batallion or company, as the cafe may be, directed to one or more serjeants, by distress and sale of the offender's goods and chattels: And in any case any defaulter shall be under age, and live with his father or mother, or shall be an apprentice or hired servant, the father or mother, master or mistress, as the case may be, shall be liable to pay the said fines with costs, and in default of payment when demanded, the said serjeant or serjeants, shall levy the same upon the goods and chattels of such father or mother, master or mistress--such fines when recovered to be paid over by the serjeant or serjeants to the officer granting such warrant.
Sec. 12. And be it further enacted, That all fines herein before mentioned, shall be paid by the officer issuing said warrant to and for the purpose, in the first instance of providing colours and music to and for the use of the companies of light infantry, rifle men, artillery and troops of horse; and the surplus that may remain, to be applied to the like use for the residue of the militia aforesaid; and when the said fines shall be applied to the purchasing of arms and accoutrements for the light infantry and rifle companies.
Sec. 13. 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 their rank shall be determined by lots, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company or detachment.
Sec. 14. And be it further enacted, That the commander in chief of the State, shall on the requisition of the President of the United States, authorized thereto by the express acts of Congress, order out any proportion of the militia of the State so required as aforesaid, to march to any part of the United
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States for the protection or defence of the same, provided that they be not compelled to continue on duty out of the State without their consent, for a longer time than months at any one time.--That while in actual sevice, in consequence of being so called out, they shall receive the same pay and rations, and be subject to the same rules and regulations as the troops of the United States of America.
Sect. 15. And be it further enacted, That if any person belonging to the militia of any state, and called out into service as aforesaid, be wounded or disabled while in actual service in opposing or suppressing any invasion or insurrection, or in fighting against any of the enemies of the United States, he shall be taken care of and provided for at the public expence, without having regard to the rank such person may hold.
Sec. 16. And be it further enacted, That every person of the age of eighteen years and under fifty years, who are exempted from personal service in the militia as aforesaid, by the second section of this act, (except all ministers of religion actually having the charge of a church or congregation; all principals, professors and other teachers of, together with the students in, universities, colleges and academies; all school-masters actually having the charge of a school, and all mariners employed in the sea service of any citizen or merchant within the United States as aforesaid) shall pay an annual tax of two dollars into the public treasury of the United States, to be applied towards the support of the civil government thereof, and to be collected in the following manner: The commissioner of the treasury in each state, shall appoint a responsible person in every county or township in the State, as collector of the said tax, to whom the commanding officer of each battalion shall cause returns to be made of the names of all the exempts by virtue of the said second section of this act, within the bounds of his battalion, except as before excepted. That thereupon each of the said exempts being notified thereof by the said collector, shall on the month of May in every year, pay to the said collector the said two dollars; and in case of failure therein, the collector shall, within two weeks thereafter, return the names of the defaulters to the commanding officer of the battalion, who shall thereupon cause them to be enrolled, and they shall thereafter be liable to do militia duty in like manner as other citizens not exempted by this act, until the full arrears of the said tax shall be paid into the treasury of the United States. And the said collector shall, within one month after the receipt of the said tax, pay the same to the said commissioner, who shall account therefor with the treasury of the United States in like manner and under the same penalties and forfeitures as he accounts for other public monies by him received; for all which services the said collector shall be entitled to retain the compensation of two and an half per centum on all the monies collected by him as aforesaid. And in case the said collector should neglect or refuse to pay over the said monies received by him as aforesaid, the said collector shall forfeit and pay to the use of the United States, a sum of money equal to double the amount of the said taxes, or so much of them as shall remain unpaid; to be recovered by the said collector in his own name, with costs of suit, by action of debt or otherwise, in any court wherein the same shall be cognizable. And the secretary of the treasury shall cause an annual return of all the moneys received on the said tax, to be laid before Congress, at their first session in every year.
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Sec. 17. And be it further enacted, That each state shall be formed into a district or districts in such manner as the legislature thereof shall by law direct. And that there shall be appointed by the President of the United States, an inspector for each district who shall be a citizen of the state to which such district belongs; provided their number shall not exceed--one for New-Hampshire, two for Massachusetts, one for Rhode-Island, one for Connecticut, one for New-York , one for New-Jersey, two for Pennsylvannia, one for Delaware, one for Maryland, three for Virginia, two for North-Carolina, one for South-Carolina, and one for Georgia. And the duty of such inspector shall be to attend the regimental of battalion meetings of the militia on their several parades, during the time of their being under arms pursuant to this act, at least once in every year, to inspect their arms, ammunition and accoutrements; Superinted their exercise and manoeuvres, and introduce a system of military discipline throughout the district, agreeably to law and such orders as he shall from time to time receive from the commander in chief of the State; to furnish the forms of the returns that may be required, and explain the principles on which they shall be made; to make returns to the President of the United States, at least once in every year, of the militia of the State, 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; a duplicate of such return and report he shall also transmit to the commander in chief of the State. And the said inspectors shall have the rank of lieutenant colonel and shall respectively receive from the treasury of the United States, as a full compensation for all their services, the sum of dollars per annum.
Printed by Francis Cjilds and John Swaine.
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