Militia ... Do You Know The Rules?

[palani]

As published here

http://news.google.com/newspapers?nid=0IGl3jR3yJEC&dat=17941018&printsec=frontpage&hl=en

and applies to lands northwest of the river Ohio.

Centinel of the North-Western Territories November 15, 1794


Chapter 1.

A LAW for regulating and establishing the Militia in the Territory of the United States north-west of the river Ohio, published at the city of Marietta, upon the twenty fifth day of July, in the thirteenth year of the Independence of the United States, and of our Lord one thousand severn hundred and eighty eight, by his Excellency Arthur St Clair, Esquire, Governor and Commander in Chief, and by the Honourable Samuel Holden Persons and James Mitchell Varnum, Esquires Judges.

All male inhabitants between the age of siteen and fifty, shall be liable to and perform military duty, and be formed into corps in the following manner.

Sixty four rank and file shall form a company. Eight companies shall form a battalion. Two battalions shall form a regiment.

There shall be appointed to each company, one captain, one lieutenant, one ensign, four serjeants, four corporals, one drummer and one fifer. To a battalion there shall be appointed, one lieutenant colonel, one major, and one adjutant. To a regiment one colonel.

The corps shall be divided into senior and junior classes.

And whereas in the infant state of the country, defence and protection are absolutely essential, all male inhabitants of the age of sixteen and upwards, shall be armed, equipped and accoutred in the following manner;

With a musket and bayonet, or rifle, cartidge box and pouch, or powder horn and bullet pouch, with forty rounds of cartidges or one pound of powder and four pounds of lead, priming wire and brush and six flints.

And whereas for securing the principles of defence and protection, it is necessary to be asembled upon certain times, and at certain places for examining and inspecting the arms, and accoutrements, and for discipling the men in a soldierly manner; And whereas the assembing of the members of community at fixed periods, conduces to health, civilization and morality, and such assembling without arms in a newly settled country, may be attended with danger – Therefore the corps shall be paraded at ten o’clock in the morning of each first day of the week, armed, equipped and acedurred as aforesaid, in convient places next adjacent to the place or places already assigned, or to be assigned for public worship; at other times and places, the corps shall be paraded for muster, exercise and review as the commander in chief may direct. And whereas in the present state of the territory it is necessary that guards be established; the commander in chief and the commanding officers of counties, and of smaller districts shall make such detatchments for guards and other military duty as the public exigencies may in his, or their opinion require.

Those who have born commissions, civil or military, in the service of the United States, or either of them, and who have been honorably discharged therefrom, and all such as have been graduated in colleges or universityies, shall compose the senior class. Males above the age of fifty shall be liable to military duty in cases of actual invasion only, and then at the direction of the commander in chief. Officers of civil government appointed by Congress or commissioned by the governour are exempted from the duties aforesaid.

If any male inhabitant shall neglect or refuse to appear at the fixed times and places of parade by this law established, he shall be fined in the sum of twenty five cents, unless he shall render an excuse to the satisfaction of the commanding officer of his corps. If any male as aforesaid shall neglect or refuse to appear at such a time and place as the commander in chief shall specially direct, for muster, review and exercise, he shall be finded in the sum of fify cents, unless excused as aforsaid.

If any male as aforesaid shall neglect or refuse to appear upon the order of the commander in chief, or other officers as aforesaid, for guards or other ordinary military duty, or refuse to perform the same, he shall be fined in the sume of one hundred cents – which offences shall be heard and determined by the officers of the company to which the offender may belong, and upon conviction , a warrant of distress shall issue from the commander of such company, directed to either of the serjeants of the same requiring him to collect the fines aforesaid, and pay the same into the treasury of the town, city or county wherein the conviction shall have taken place, within twenty days next after issuing such warrant. For the second, and all succeeding offences in the cases before mentioned, the persons chared with having committed the same, shall be heard, tried and sentenced by courts-martial.

If any male inhabitant as aforesaid, shall neglect or refuse to appear and perform his duty under the orders of the commander in chief, against an enemy invading the territory, or shall refuse disobey or neglect the orders given by his officers, or any of them, in time of action, he shall be deemed builty of cowardice and desertion, and be heard, tried, and sentenced by a court-martial.

All officers shall be attentive to the forming, discipling, parading, and commanding their respective corps, and to such other duties as shall respectively bind them by this law, and by the orders from time to time to be given by the commander in chief.

If any officer shall be guilty of a breach of this law, or in any respect violate, or neglect his duty, he shall be heard, tried, and sentenced by a court-martial.

A court martial shall consist of not more than thirteen members, nor less than five, whereof one at least shall have rank superior to that of a captain.

A court-martial shall be appointed by the commander in chief, or the commanding officers of a regiment or battalion; but the commander in chief only shall have the power of approving and carrying into effect sentence of courts-martial, whereby the punishment shall be capital, or an officer cashiered.

Ar. St. Clair.
Saml. H. Parsons.
J.M. Varnum.


Want a million man march? Arrange it with your commander in chief " the corps shall be paraded for muster, exercise and review as the commander in chief may direct. "

[Glass]

The right to bear arms does not only acrue to the militia but every man of the republic and the every man is not the militia.

[palani]

The right to bear arms does not only acrue to the militia but every man of the republic and the every man is not the militia.

Beg to differ. The only men excused from the militia of the Northwest-Territories are those below the age of 16. Even those older than 50 are included should an invasion present itself.

I suppose those below the age of 16 also have a right to defend themselves.

[Glass]

Beg to differ. The only men excused from the militia of the Northwest-Territories are those below the age of 16. Even those older than 50 are included should an invasion present itself.

I suppose those below the age of 16 also have a right to defend themselves.

I'm talking about hats. The anti gunners sprout that the contitution is clear. The Right to bear arms is conferred only on the militia. They cite the placement of the comma as proving this claim. I beg to differ with that claim and interpretation.

The existance of a militia does not preclude the every man from having the right to bear his own private arms.

[palani]

I'm talking about hats. The anti gunners sprout that the contitution is clear. The Right to bear arms is conferred only on the militia. They cite the placement of the comma as proving this claim. I beg to differ with that claim and interpretation.

The existance of a militia does not preclude the every man from having the right to bear his own private arms.

The bill of rights, if it applies at all, might give everyone the right to be armed but does not speak to the NECESSITY of going armed. Being a member of the militia (as everyone of a fighting age is) speaks to the REQUIREMENT to be armed rather than just a mere right to do so when a threat is possible.

The all powerful state cannot command you to go around armed as a militia man in one breath and prosecute you for doing so in the next.

[iOWNme]

The right to SELF DEFENSE is for every HUMAN BEING ON PLANET EARTH.


Fixed it for you.

[iOWNme]

The bill of rights, if it applies at all, might give everyone the right to be armed but does not speak to the NECESSITY of going armed. Being a member of the militia (as everyone of a fighting age is) speaks to the REQUIREMENT to be armed rather than just a mere right to do so when a threat is possible.

The all powerful state cannot command you to go around armed as a militia man in one breath and prosecute you for doing so in the next.

The BoR does not GIVE Rights. Self-Ownership (Rights) existed LONG BEFORE politicians scribbled words on paper.

[palani]

The BoR does not GIVE Rights. Self-Ownership (Rights) existed LONG BEFORE politicians scribbled words on paper.

Maybe you need to revisit what I wrote?

" The bill of rights, if it applies at all, might give everyone the right ... "

[Heimdhal]

"...unless he shall render an excuse to the satisfaction of the commanding officer of his corps."

Missed that part? Many states had similar sentences in their militia laws. Being a passifist/quaker was generally accepted as an excuse not to serve, however because militias companys were formed of men from the same town (assuming the town had enough men) most members were close relatives if not close friends and the social pressure was put on them more than any legal pressure. It wasnt uncommon for nearly an entire company to be more or less related to one another.

Historically there was a respectable amount of religious pacifist in teh country back then and they werent really looked down on for not serving. Also, historicaly speaking, officers of militias were elected to their position by the members of that militia, not appointed by the military body.


My question for YOU, Palani, is of course, how does this specific law you quoted apply, since it was enacted in 1788, BEFORE the adoption of the new Constitution. Ohio wasnt a 'state' until 1803. Before that it was a territory goverend by congress.

[palani]

Missed that part? Many states had similar sentences in their militia laws. Being a passifist/quaker was generally accepted as an excuse not to serve


Why would a pacifist claim the right to self-defense? More likely the claim to an exemption from militia duty would be for physical reasons or family responsibilities.

If you go into other issues of the newspaper I cited you will find groups of men offering bounty for Indian scalps (with right ear appended) around the Miami River area of what is now Ohio. The offered price was in the vicinity of $100 for the first ten scalps. I doubt if there were many shrinking violets in their ranks.





My question for YOU, Palani, is of course, how does this specific law you quoted apply, since it was enacted in 1788, BEFORE the adoption of the new Constitution. Ohio wasnt a 'state' until 1803. Before that it was a territory goverend by congress.

Laws might be deleted but they never expire. In the case of Iowa at one time the territory was under Michigan (not the state) control. While under this condition Michigan (not the state) created a county in Wisconsin (not the state) on the same day that it created two counties in Iowa (not the state) and extended the laws in effect in the Wisconsin (not the state) county to those counties it just created in Iowa (not the state). If you consider this action the only law in effect in the newly created counties was derived from, the North-West Ordinance. Were it not for this act of Michigan (not the state) the NW Ordinance would only apply to lands east of the Mississippi and northwest of the river Ohio.

You can go into the back of the CODE OF IOWA to find a section labeled HISTORICAL CHRONOLOGICAL OUTLINE OF CODES AND SESSION LAWS to find that it BEGINS with the Louisiana Purchase and includes the Northwest Ordinance yet DOES NOT INCLUDE the U.S. Constitution, the Declaration of Independence or the Articles of Confederation. This is not a mistake.