Post by Bruce on Jun 19, 2014 22:42:13 GMT -5
In the House of Representatives of the United States, Mr. Terrus, for himself and Mr. Hill, offers: A Bill to regulate the militias, which shall be known and cited as the Militia Act of 1789. Be it enacted by the House of Representatives and Senate of the United States of America in Congress assembled, that: the following be established within the United States Code as "Title X. Defense".
Chapter 1. Militias.
Section 1. Membership of the Militias.
(a) Each state of the United States shall establish a militia, which shall be comprised of every United States citizen that is a resident of that state, except:
1. citizens under age 18 and over age 45, though any citizen over age 45 may volunteer to remain in the militia;
2. the President of the United States, Vice President of the United States, and other officers of the government of the United States, including the members of Congress;
3. the employees of the government of the United States;
4. all pilots and mariners actually employed in the sea service of any citizen or merchant within the United States; and
5. all persons exempted from that service by the laws of the militia's governing authority.
(b) It shall be the duty of every citizen required to serve in a militia under subsection (a) of this section to contact his local militia commander within 90 days of the enactment of this act, and to enlist with that militia commander, and it shall be the duty of every citizen to ensure that he remains enlisted in a militia, especially if he moves his place of residence.
© Each and every member of the militia shall procure for himself, and always keep retain ownership of, and present himself with, the following whenever called forth to serve:
1. a good musket or firelock, a sufficient bayonet and belt, two spare flints, a knapsack, and twenty-four cartridges suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or
2. 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.
(d) Each and every officer of the militia shall procure for himself, and always retain ownership of, and present himself with, the following whenever he be called forth to serve:
1. the same armaments as any member of the militia, as provided for under subsection ©; and
2. a sword or hanger, and espontoon.
(e) Within five years of the enactment of this act, each and every member of the militia that selects to own a musket instead of a rifle shall ensure that said musket shall be of bores sufficient for balls of the eighteenth part of a pound.
(f) Any violation of this section shall be punishable by a fine of no greater than $100 dollars but no member or officer of the militia shall, as part of a suit or other action, be required to surrender his arms, ammunition and accoutrements, required as aforesaid.
(g) Any territory may select to establish a militia, and any such militia shall also be regulated by this Chapter, in the same manner as the militias of the states.
Section 2. Organization of the Militias.
(a) Each state shall organize its militia:
1. divisions, each to be commanded by a Major General, and each to be comprised of 2-4 brigades;
2. brigades, each to be commanded by a Brigadier, and each to be comprised of 3-5 regiments;
3. regiments, each to be commanded by a Colonel, and each to be comprised of 1-3 battalions;
4. battalions, each to be commanded by a Major, and each to be comprised of 4-6 companies, at least one of which shall be a company of grenadiers; and
5. companies, each to be commanded by a Captain, and each to be comprised of approximately 80 officers and militiamen.
(b) Subsection (a) notwithstanding, there shall be at least one battery of artillery for each division, each battery to be comprised of approximately 25 officers and men, all of whom shall be volunteers.
© Subsection (a) notwithstanding, there shall be at least one troop of cavalry for each division, but no more than one troop per regiment, and each troop shall be comprised of approximately 80 cavalrymen, and each cavalryman, who shall be a volunteer, shall arm himself with the following, instead of arming himself as required under subsection © of Section 1:
1. a good horse of at least fourteen and a half hands in height;
2. a good saddle, bridle, mail-pillion and valise, holster, and a best plate and crupper;
3. a pair of boots and spurs
4. a pair of pistols, a sabre, and a cartouchbox to contain twelve cartridges for pistols.
(d) Each state shall ensure that each of its units is numbered, according to type, and that each regiment is provided with state and regiment colors, and each state shall maintain a record of the number, size, membership, and armament of each of it units, and this record shall be made available at all times to the Superintendent.
(e) Any state with a naval militia will ensure each of its vessels is named, and each state shall maintain a careful record of the armament and crew of each naval militia vessel, and this record shall be made available at all times to the Superintendent.
(f) The commander of each unit of the militia shall ensure that the men of that unit are trained to an appropriate level of discipline and competence, and the commander of that unit may call up his unit for training on those weekends he sees fit to this end.
Section 3. Rank, Uniform, Insignia.
(a) Each state may commission, in accordance with its laws, militia officers to command the militia, and perform such other tasks as they may be ordered to perform, agreeable to the Constitution, and these officers shall carry a rank according to the following scale:
1. Lieutenant General, or in any naval militia, Vice Admiral
2. Major General, or in any naval militia, Rear Admiral
3. Brigadier, or in any naval militia, Commodore
4. Colonel, or in any naval militia, Captain
5. Major, or in any naval militia, Commander
6. Captain, or in any naval militia, Lieutenant
7. Lieutenant, or in any naval militia, Ensign
8. Ensign, or in any naval militia, Midshipman
(b) Each state may employ enlistedmen to act as soldiers, clerks, and in other roles, but every enlistedman to carry a rank according to the following scale:
1. Sergeant Major/Chief Petty Officer
2. Sergeant/Petty Officer
3. Corporal/Chief Sailor
4. Soldier/Sailor
(c) Each state shall utilize a light blue uniform for its men, with the flag of that state sewn onto the soldier's upper sleeve, and the following insignia present, as indicated --
Lieutenant General/Vice Admiral -- two silver stars, affixed to the officer's lapels and shoulders
Major General/Rear Admiral -- one silver star, affixed to the officer's lapels and shoulders
Brigadier/Commodore -- one gold star, affixed to the officer's lapels and shoulders
Colonel/Captain -- one silver eagle, affixed to the officer's lapels and shoulders
Major/Commander -- one gold eagle, affixed to the officer's lapels and shoulders
Captain/Lieutenant -- two silver bars, affixed to the officer's lapels and shoulders
Lieutenant/Ensign -- one silver bar, affixed to the officer's lapels and shoulders
Ensign/Midshipman -- one gold bar, affixed to the officer's lapels and shoulders
Sergeant Major/Chief Petty Officer-- four chevrons, all golden, sewn onto the soldier's upper sleeve
Sergeant/Petty Officer -- three chevrons, all golden, sewn onto the soldier's upper sleeve
Corporal/Chief Sailor -- two chevrons, both golden, sewn onto the soldier's upper sleeve
Soldier/Sailor -- one chevron, golden, sewn onto the soldier's upper sleeve.
Section 4. Federal Cooperation with the Militias.
(a) The President of the United States may call forth any unit(s) of the militia(s) of the several states, and may order those units to take such actions as may be necessary to preserve the union and protect the United States, agreeable to the Constitution, if:
1. the United States shall be invaded, or be in imminent danger of invasion, by any foreign nation or Indian tribe;
2. there shall be any insurrection against any of the several states, or against a territorial administration, or against the government of the United States, but only after Congress has declared martial law;
3. there shall be a forceful opposition to, or obstruction of, the enforcement, or execution, of the laws of the United States by any group, or individual, which the United States Marshals are unable to overcome, but only with the approval of the judiciary.
4. a state shall request that the President make such deployment for any purpose, but in that case such deployment may only be made within that state; or
5. there shall be a major national disaster, and the Congress shall have declared a state of emergency, and authorized the calling forth of the militias.
(b) The President shall call forth a militia only:
1. after issuing a public declaration of his intent to do so;
2. after providing any insurgents, obstructers of federal law, or violent opposers of federal law, with a command to disperse, and to retire peaceably, within a limited time;
3. after informing the Governor and legislature of the state of the militia that he intends to call forth;
4. after informing both Houses of the Congress of his intent; and
5. for a limited amount of time, not to exceed six months, except with the approval of Congress.
© Whenever the members of a militia are employed in the service of the United States, they shall be compensated by the United States, and they shall be subjected to the same rules and articles of war, and shall face the same penalties for violating any of those rules and articles as would a member of the Army of the Navy.
(d) Subsection © notwithstanding, any court martial of an officer of the militia shall be only be comprised only of officers of that militia, and any trial of a member of a militia shall be officiated, as law may provide, by members of that militia, but any fines or imprisonments shall be carried out in the same manner as they would be for officers or enlisted men of the Army or Navy.
Chapter 1. Militias.
Section 1. Membership of the Militias.
(a) Each state of the United States shall establish a militia, which shall be comprised of every United States citizen that is a resident of that state, except:
1. citizens under age 18 and over age 45, though any citizen over age 45 may volunteer to remain in the militia;
2. the President of the United States, Vice President of the United States, and other officers of the government of the United States, including the members of Congress;
3. the employees of the government of the United States;
4. all pilots and mariners actually employed in the sea service of any citizen or merchant within the United States; and
5. all persons exempted from that service by the laws of the militia's governing authority.
(b) It shall be the duty of every citizen required to serve in a militia under subsection (a) of this section to contact his local militia commander within 90 days of the enactment of this act, and to enlist with that militia commander, and it shall be the duty of every citizen to ensure that he remains enlisted in a militia, especially if he moves his place of residence.
© Each and every member of the militia shall procure for himself, and always keep retain ownership of, and present himself with, the following whenever called forth to serve:
1. a good musket or firelock, a sufficient bayonet and belt, two spare flints, a knapsack, and twenty-four cartridges suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or
2. 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.
(d) Each and every officer of the militia shall procure for himself, and always retain ownership of, and present himself with, the following whenever he be called forth to serve:
1. the same armaments as any member of the militia, as provided for under subsection ©; and
2. a sword or hanger, and espontoon.
(e) Within five years of the enactment of this act, each and every member of the militia that selects to own a musket instead of a rifle shall ensure that said musket shall be of bores sufficient for balls of the eighteenth part of a pound.
(f) Any violation of this section shall be punishable by a fine of no greater than $100 dollars but no member or officer of the militia shall, as part of a suit or other action, be required to surrender his arms, ammunition and accoutrements, required as aforesaid.
(g) Any territory may select to establish a militia, and any such militia shall also be regulated by this Chapter, in the same manner as the militias of the states.
Section 2. Organization of the Militias.
(a) Each state shall organize its militia:
1. divisions, each to be commanded by a Major General, and each to be comprised of 2-4 brigades;
2. brigades, each to be commanded by a Brigadier, and each to be comprised of 3-5 regiments;
3. regiments, each to be commanded by a Colonel, and each to be comprised of 1-3 battalions;
4. battalions, each to be commanded by a Major, and each to be comprised of 4-6 companies, at least one of which shall be a company of grenadiers; and
5. companies, each to be commanded by a Captain, and each to be comprised of approximately 80 officers and militiamen.
(b) Subsection (a) notwithstanding, there shall be at least one battery of artillery for each division, each battery to be comprised of approximately 25 officers and men, all of whom shall be volunteers.
© Subsection (a) notwithstanding, there shall be at least one troop of cavalry for each division, but no more than one troop per regiment, and each troop shall be comprised of approximately 80 cavalrymen, and each cavalryman, who shall be a volunteer, shall arm himself with the following, instead of arming himself as required under subsection © of Section 1:
1. a good horse of at least fourteen and a half hands in height;
2. a good saddle, bridle, mail-pillion and valise, holster, and a best plate and crupper;
3. a pair of boots and spurs
4. a pair of pistols, a sabre, and a cartouchbox to contain twelve cartridges for pistols.
(d) Each state shall ensure that each of its units is numbered, according to type, and that each regiment is provided with state and regiment colors, and each state shall maintain a record of the number, size, membership, and armament of each of it units, and this record shall be made available at all times to the Superintendent.
(e) Any state with a naval militia will ensure each of its vessels is named, and each state shall maintain a careful record of the armament and crew of each naval militia vessel, and this record shall be made available at all times to the Superintendent.
(f) The commander of each unit of the militia shall ensure that the men of that unit are trained to an appropriate level of discipline and competence, and the commander of that unit may call up his unit for training on those weekends he sees fit to this end.
Section 3. Rank, Uniform, Insignia.
(a) Each state may commission, in accordance with its laws, militia officers to command the militia, and perform such other tasks as they may be ordered to perform, agreeable to the Constitution, and these officers shall carry a rank according to the following scale:
1. Lieutenant General, or in any naval militia, Vice Admiral
2. Major General, or in any naval militia, Rear Admiral
3. Brigadier, or in any naval militia, Commodore
4. Colonel, or in any naval militia, Captain
5. Major, or in any naval militia, Commander
6. Captain, or in any naval militia, Lieutenant
7. Lieutenant, or in any naval militia, Ensign
8. Ensign, or in any naval militia, Midshipman
(b) Each state may employ enlistedmen to act as soldiers, clerks, and in other roles, but every enlistedman to carry a rank according to the following scale:
1. Sergeant Major/Chief Petty Officer
2. Sergeant/Petty Officer
3. Corporal/Chief Sailor
4. Soldier/Sailor
(c) Each state shall utilize a light blue uniform for its men, with the flag of that state sewn onto the soldier's upper sleeve, and the following insignia present, as indicated --
Lieutenant General/Vice Admiral -- two silver stars, affixed to the officer's lapels and shoulders
Major General/Rear Admiral -- one silver star, affixed to the officer's lapels and shoulders
Brigadier/Commodore -- one gold star, affixed to the officer's lapels and shoulders
Colonel/Captain -- one silver eagle, affixed to the officer's lapels and shoulders
Major/Commander -- one gold eagle, affixed to the officer's lapels and shoulders
Captain/Lieutenant -- two silver bars, affixed to the officer's lapels and shoulders
Lieutenant/Ensign -- one silver bar, affixed to the officer's lapels and shoulders
Ensign/Midshipman -- one gold bar, affixed to the officer's lapels and shoulders
Sergeant Major/Chief Petty Officer-- four chevrons, all golden, sewn onto the soldier's upper sleeve
Sergeant/Petty Officer -- three chevrons, all golden, sewn onto the soldier's upper sleeve
Corporal/Chief Sailor -- two chevrons, both golden, sewn onto the soldier's upper sleeve
Soldier/Sailor -- one chevron, golden, sewn onto the soldier's upper sleeve.
Section 4. Federal Cooperation with the Militias.
(a) The President of the United States may call forth any unit(s) of the militia(s) of the several states, and may order those units to take such actions as may be necessary to preserve the union and protect the United States, agreeable to the Constitution, if:
1. the United States shall be invaded, or be in imminent danger of invasion, by any foreign nation or Indian tribe;
2. there shall be any insurrection against any of the several states, or against a territorial administration, or against the government of the United States, but only after Congress has declared martial law;
3. there shall be a forceful opposition to, or obstruction of, the enforcement, or execution, of the laws of the United States by any group, or individual, which the United States Marshals are unable to overcome, but only with the approval of the judiciary.
4. a state shall request that the President make such deployment for any purpose, but in that case such deployment may only be made within that state; or
5. there shall be a major national disaster, and the Congress shall have declared a state of emergency, and authorized the calling forth of the militias.
(b) The President shall call forth a militia only:
1. after issuing a public declaration of his intent to do so;
2. after providing any insurgents, obstructers of federal law, or violent opposers of federal law, with a command to disperse, and to retire peaceably, within a limited time;
3. after informing the Governor and legislature of the state of the militia that he intends to call forth;
4. after informing both Houses of the Congress of his intent; and
5. for a limited amount of time, not to exceed six months, except with the approval of Congress.
© Whenever the members of a militia are employed in the service of the United States, they shall be compensated by the United States, and they shall be subjected to the same rules and articles of war, and shall face the same penalties for violating any of those rules and articles as would a member of the Army of the Navy.
(d) Subsection © notwithstanding, any court martial of an officer of the militia shall be only be comprised only of officers of that militia, and any trial of a member of a militia shall be officiated, as law may provide, by members of that militia, but any fines or imprisonments shall be carried out in the same manner as they would be for officers or enlisted men of the Army or Navy.
