Militia Act of
1792
The Militia Act of 1792, Passed May 8, 1792, providing
federal standards for the organization of the Militia.
An ACT more
effectually to provide for the National Defence, by establishing an Uniform
Militia throughout the United States.
I. Be it enacted by the Senate and
House of Representatives of the United States of America, in Congress assembled,
That each and every free able-bodied white male citizen of the respective
States, resident therein, who is or shall be of age of eighteen years, and under
the age of forty-five years (except as is herein after 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 time
hereafter be the duty of every such Captain or Commanding Officer of a company,
to enroll every such citizen as aforesaid, and also those who shall, from time
to time, arrive at the age of 18 years, or being at the age of 18 years, and
under the age of 45 years (except as before excepted) shall come to reside
within his bounds; and shall without delay notify such citizen of the said
enrollment, by the proper non-commissioned Officer of the company, by whom such
notice may be proved. That every citizen, so enrolled and notified, shall,
within six months thereafter, provide himself with a good musket or firelock, a
sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a
box therein, to contain not less than twenty four cartridges, suited to the bore
of his musket or firelock, each cartridge to contain a proper quantity of powder
and ball; or with 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; and
shall appear so armed, accoutred and provided, 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 from arming the militia as is 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, required as aforesaid, shall hold the same
exempted from all suits, distresses, executions or sales, for debt or for the
payment of taxes.
Congress essentially drafted the entire adult
(white) male population into the various militias. It wasn't a duty, rather an
obligation under law. The militia spoken of in the Second Amendment is:
10 USC §
311
(a) The militia of the United States consists of all
able-bodied males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a declaration
of intention to become, citizens of the United States and of female citizens of
the United States who are members of the National Guard.
(b) The classes of
the militia are—
(1) the organized militia, which consists of the
National Guard and the Naval Militia; and
(2) the unorganized militia,
which consists of the members of the militia who are not members of the National
Guard or the Naval Militia.
You might imagine the
class of 'the people' specified as having the right in the Second Amendment is
broader than the members of of either the organized or unorganized militias
which the right supports. It is to them the right is guaranteed.
This is a
case where reading history could change perception if not preconceived notion.
This is a result of a) British confiscation of arms leading to the Colony
struggle for independence and b) the issues leading eventually to the War of
1812, concluded indirectly by a treaty between France and Britain following the
defeat of Napoleon and leading to the lasting goodwill between the United States
and Britain.
Reading the Militia Act of 1792 isn't particular productive
without reading history of conflicts in North America after the War of
Independence.
And without the unorganized militia the United States may
have been reabsorbed into the British Empire.
[ Reply to This | Parent | # ]
|