Militia Acts of May 2 and May 8, 1792,
An ACT for regulating and governing the Militia of the Commonwealth of Massachusetts, and for repealing all Laws heretofore made for the purpose; excepting an Act, entitled, "An Act for establishing Rules and Articles for governing the troops stationed in Forts and Garrisons within this Commonwealth, and also the Militia when called into actual service."
WHEREAS the Laws for regulating and governing the Militia of this Commonwealth, have become too complicated for practical use, by reason of the several alterations which have from time to time been made therein: Therefore,
I. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the several Laws heretofore made for governing and regulating the Militia, be, and hereby are repealed, except an Act, entitled, "An Act for establishing the Rules and Articles for governing the Troops stationed in Forts and Garrisons within the Commonwealth, and also the Militia when called into actual service."
Provided nevertheless, That all officers actually in commission, agreeably to the laws which are hereby repealed, and in grades which are established by the Act, shall continue in commission in the same manner, and in the same authority they would, in case the said laws were still in force; and all actions depending in any Court by force of said laws, shall and may be prosecuted to final judgment and execution..
II. And be in enacted by the authority aforesaid, That
each and every free, able-bodied white male citizen, of this, or
any other of the United States residing within this Commonwealth,
who is, or shall be of the age of eighteen years, and under the
age of fortyfive years (except as is herein after excepted) shall
severally and respectively be subject to the requisition of this
Act, and shall be enrolled in the Militia, by the Captain or
Commanding officer of the company, within whose bonds such
citizens shall reside, within three months from and after the
passing this act;...
...
VII. And be it further enacted by the authority
aforesaid, That every person who shall be lawfully entitled
to be commissioned to any office in the Militia of the
Commonwealth, shall at the time of receiving his commission, take
and subscribe the oaths and declaration required by the
Constitution, before some Justice of the Peace, or some General
or Field Officer, who shall have previously take and subscribed
them himself, and who are here by authorized to administer the
same; and a certificate thereof shall be made on the back of
every commission, by the Justice of the Peace, or General or
Field Officer, before whom the said oaths and declarations shall
have been taken and subscribed.
VIII. And be it further enacted by the authority aforesaid, That the Commanding Officer of regiments, shall appoint the non-commissioned Staff Officers of their respective regiments;--The Commanding Officers of companies shall appoint the non-commissioned officers, including the Clerks of the respective companies,--All non-commissioned Staff-Officers and Serjeants shall receive warrants under the hand of the Commanding Officer of their respective companies,--All non-commissioned Staff-Officers and Serjeants shall receive warrants under the hand of the Commanding Officer of their respective regiments or corps,--And the Adjutant shall keep a record in a suitable book, to be kept for that purpose, of all warrants which shall be issued:--And no noncommissioned Officer shall be deemed to have resigned his office, until he shall have done it in writing to the Commanding Officer of the regiment or corps to which he belonged; and shall have obtained his discharge also in writing, from such Commanding Officer:--And no non-commissioned Officer or Private, shall be disenrolled from the Militia for disability, without a certificate from the regimental Surgeon and Mate.
IX. And be it further enacted by the authority aforesaid,
That every company shall have a Clerk, who shall be also one of
the Serjeants, an he shall be sworn to the faithful discharge of
his trust; and that shall be his duty always to keep a fair and
exact roll of the company, together with the state of the arms
and equipment belonging to each man, which roll he shall annually
revised and correct in the month of May, as is herein
after directed; to register all orders and proceeding of the
company in an orderly book, which shall never be alienated from
the company; to keep exact details of all detachment; to call the
roll whenever the company is assembled; to examine the equipments
when thereto required, and to note all delinquencies; to sue for,
recover and received all fines and forfeitures which are required
by this Act to be recovered, and half to his own use for his
trouble, and the other half to be paid to the Commanding Officer
of the company, in trust, for the used of the company to which he
belongs, excepting such cases wherein other provision is made by
this Act, for the recovery an appropriation of fines and
forfeitures...
XI. And be it further enacted by the authority
aforesaidThat no Officer of the Militia shall be discharged
excepting by the Commanding Chief, on the request of such
Officer, in writing, or by the Commander in Chief on the address
of both Houses of the Legislature, or by being disbanded by a law
of the Commonwealth, or by a judgment of the Court Martial, or by
actual removal (The Major-general to be judge whether the
distance is so great that he cannot conveniently discharge the
duties of his office) or by twelve months absence, without leave
of such Officer, from the district of his command: And no Officer
shall consider himself exempted from the duties of his station,
until he shall have received a certificate of such
discharge...
...
XV. And be it further enacted by the authority aforesaid,
That if any non-commissioned Officer or Private of cavalry,
artillery, light-infantry, or other corps raised at large, shall
neglect for the term of three months, to keep himself provided
with an uniform of the company to which he belongs, as is
directed by the Act, he shall be discharged from such corps, by
the Brigadier commanding the brigade, and enrolled in the
standing company in which he resides...
...
XIX. And be it further enacted by the authority aforesaid,
That every non-commissioned Officer or Private of the infantry,
who shall neglect to keep himself armed and equipped as
aforesaid, or who shall, on a mister day, or at any other time of
examination, be destitute of, or appear unprovided with the arms
and equipments herein directed (except as before excepted) shall
pay a fine not exceeding twenty shillings...
XX. And be it further enacted by the authority aforesaid,
That every person liable to do military duty, who being duly
warned shall refuse or neglect to appear at the time and place
appointed, armed and equipped as by the Act is directed, for any
muster, training, view of arms, or other military duty, shall pay
as a fine for such default, the sum of ten
shillings...
...
XXII. And be it further enacted by the authority
aforesaid, That every non-commissioned Officer and Private of
the Militia, who shall be disorderly or disobedient, or guilty of
unmilitary conduct on a muster or training day, or at any other
time when on duty, shall be confined during the time of the said
muster or training, at the discretion of his Officers, and shall
pay a fine not exceeding forty shillings nor less than twelve
shillings, at the discretion of the Justice of the Peace to who
complaint shall be made.
...
XXIV. And be in further enacted by the authority
aforesaid, That every Captain or Commanding Officer of a
company, shall call his company together three days in each year
for company discipline, and once on the first Tuesday of May,
annually for the express purposes of examining and taking an
exact account of every man's arms and equipment; at which time
every article required by this Act shall be brought to the place
of examination; and it shall be the duty of the Clerk, or in his
absence of some other person to be appointed on the occasion, for
the time only, by the Commanding Officer for that purpose to make
out an exact roll of the company, and set against every man's
name the arms and equipments which shall belong to him: And every
Commanding Officer of a company shall constantly keep by him a
roll, with the arms and equipment of every man annexed to his
name, as aforesaid, from which all detachment shall be regularly
detailed, and the annual return of the company made; And the said
roll shall be annually revised, corrected and completed, on the
first Tuesday of May as aforesaid:: And every person liable to do
duty in the Militia, who shall be absent at the examination or
review or arms, in the months o f May, as aforesaid, and
shall not send his arms and equipments to be examined, at the
time and place appointed, he shall be fined for every article
required in this Act, not so brought or sent to be examined, as
in therein before directed, besides the sum of ten
shillings, for non-appearances as aforesaid.
...
XXVII. And be it further enacted by the authority
aforesaid, That the rules of discipline approved and
established by Congress, in the resolutions of the twenty-ninth
day of March, one thousand seven hundred and seventy nine,
shall be the rules and regulations of discipline, to be observed
by the Militia of this Commonwealth; except such deviations from
said rules, as may be necessary, by the requisitions of this Act,
or some other unavoidable circumstances; and every Officer
receiving a commission in the Militia, shall immediately provide
himself with a book containing those rule.
...
XXXII. And be it further enacted by the authority
aforesaid, That whenever in case of threatened or actual
invasion, insurrection, or other public danger or emergency, the
Militia, or any part thereof, shall be ordered out or detached,
if an person who shall be ordered or detached, in obedience of
such orders, or shall not within twenty-four hours, after he
shall have been notified as aforesaid, pay a fine of ten points,
to the Commanding Officer, of the company to which be
belongs,...
...
And whereas the good citizens of this Commonwealth are often
injured by the discharge of single guns on a muster-day:
Therefore,
XXXVII. Be it further enacted by the authority aforesaid
That no non-commissioned Officer or Private, shall unnecessarily
fire a musket or single gun, in any public road, or near any
house, or near the place of parade, on any day or evening
succeeding the same on which any troop or company shall be
ordered to assemble for military duty, unless embodied under the
command of some officer, and if any non-commissioned Officer or
Private shall fire a musket or gun, except as aforesaid, on the
said day or evening succeeding, without being embodied as
aforesaid, he shall forfeit and pay a fine of five shillings, for
each and every offense.
Militia Acts of May 2 and May 8, 1792,
Acts of Congress providing federal authority to call out the militia and provide for the organization of the militia
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