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Domestic News
July 17, 1790
Gazette Of The United States
New York, New York County, New York
What is this article about?
In July 1790, a bill was reported in New York to establish a uniform militia for national defense across the United States. It includes provisions exempting workmen at iron and glass manufactories from regular duty, appointing state adjutants-general and commissaries, officer reporting requirements, courts-martial procedures, and fines for neglect of duty. The bill is to be laid over for public sentiment.
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NEW-YORK, July 1790.
The following Bill has been reported by a committee appointed for the purpose; after being read in the House, it was ordered to be printed—and it is understood that it shall be laid over to the next session, in order that the public sentiment may be obtained on the subject.
A BILL more effectually to provide for the national defence, by establishing a uniform Militia throughout the United States.
(CONTINUED.)
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 as 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 meetings 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 have the rank of a major in the militia, with as many deputies as the State 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 who shall be appointed and commissioned to any of the offices as aforesaid, shall within ten days after 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 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-martial, of having refused or neglected to 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 twenty dollars; and for any subsequent offence fifty 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 sergeant 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 officers of divisions and brigades may order courts-martial for the trial of offences within his division or 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-martial, 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-martial 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 evidence, the matter depending between the State of and the prisoner or prisoners now to be tried—That you will not divulge 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-martial, unless required by a due course of law." And the president of the said 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 whatsoever, disclose or discover the vote or opinion of 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 do 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 and accoutrements, as directed by this act, shall pay the sum of twenty-five cents ; and for the like offences at a regimental or battalion
The following Bill has been reported by a committee appointed for the purpose; after being read in the House, it was ordered to be printed—and it is understood that it shall be laid over to the next session, in order that the public sentiment may be obtained on the subject.
A BILL more effectually to provide for the national defence, by establishing a uniform Militia throughout the United States.
(CONTINUED.)
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 as 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 meetings 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 have the rank of a major in the militia, with as many deputies as the State 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 who shall be appointed and commissioned to any of the offices as aforesaid, shall within ten days after 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 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-martial, of having refused or neglected to 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 twenty dollars; and for any subsequent offence fifty 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 sergeant 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 officers of divisions and brigades may order courts-martial for the trial of offences within his division or 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-martial, 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-martial 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 evidence, the matter depending between the State of and the prisoner or prisoners now to be tried—That you will not divulge 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-martial, unless required by a due course of law." And the president of the said 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 whatsoever, disclose or discover the vote or opinion of 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 do 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 and accoutrements, as directed by this act, shall pay the sum of twenty-five cents ; and for the like offences at a regimental or battalion
What sub-type of article is it?
Politics
Military
What keywords are associated?
Militia Bill
National Defense
Uniform Militia
Adjutant General
Courts Martial
Fines For Duty Neglect
Where did it happen?
New York
Domestic News Details
Primary Location
New York
Event Date
July 1790
Outcome
the bill is ordered printed and laid over to the next session for public sentiment.
Event Details
A bill reported by a committee to provide for national defense by establishing a uniform militia throughout the United States. Provisions include exemptions and special training for workmen at iron furnaces and glass manufactories; appointment of adjutant-general (rank lieutenant-colonel) to handle orders, returns, and discipline; appointment of commissary of military stores (rank major); requirements for officers to report acceptance of commissions; punishments for officers via courts-martial including fines up to $50 or removal from office; detailed procedures for courts-martial including oaths; fines for non-commissioned officers and privates for neglect of duty (50 cents for absence, 25 cents for appearing without arms).