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Domestic News
December 12, 1814
Kentucky Gazette
Lexington, Fayette County, Kentucky
What is this article about?
On November 22, 1814, the U.S. Congress passed an act authorizing the President to call for quotas of 80,430 militia from states and territories, armed and equipped for two years, to defend the frontiers. The act details classification, drafting, organization, pay, and exemptions.
Merged-components note: These components are sequential sections (including Sec. 2 through Sec. 10) of the same congressional act authorizing the President to call for militia quotas.
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CONGRESS.
To authorise the president of the United States to call upon the several states and territories thereof for their respective quotas of 80,430 militia, for the defence of the frontiers of the United States, passed in the Senate, Nov 22, 1814.
Be it enacted by the senate and house of representatives of the United States of America in congress assembled. That the president of the United States be, and he is hereby authorised and required to call upon the executives of the several states and territories thereof, for their respective quotas of 80,430 militia, armed and equipped according to law to serve for the term of two years, from the time of meeting at the place of rendezvous, unless sooner discharged:
From New Hampshire, 2530; Massachusetts, 8605; Vermont, 2580; Rhode-Island, 860; Connecticut, 3010; New York, 11615; New-Jersey, 2580; Pennsylvania, 9805; Delaware, 860; Maryland, 3570; Virginia, 9895; North Carolina, 5590; South Carolina, 3870; Georgia, 2580; Kentucky, 4300; Ohio, 2580; Tennessee, 2580; Louisiana, 430; the Mississippi territory, 522; the Indiana territory, 549; the Illinois territory, 213; the Michigan territory, 60; the Missouri territory, 376; the territory of Columbia, 430.
Sec. 2. And be it further enacted. That the whole number of militia of each state and territory, shall be divided into classes, in such manner, as that one man from each class, shall in the whole amount, as nearly as may be, to the number required from such state or territory; and after such classification, each class shall furnish, by draft or by contract, one effective able bodied man, to serve in the militia detached for the term of two years as aforesaid, unless sooner discharged: Provided nevertheless, That if any state or territory shall, within three months after the passing of this act, furnish its quota of militia, or any part thereof required by this act, or other troops in lieu of them, for an equal or longer term of service, the same shall be received into the service of the United States in substitution of the same number of militia called for by this act; and in that case, the draft shall so far cease to take effect. And the draft shall also cease to take effect in every case in which any class shall furnish a militia man by contract as aforesaid.
Sec. 3. And be it further enacted, That for the purpose of carrying into effect the provisions of this act, with equality and justice to all descriptions of the militia, it shall be the duty of every officer commanding a company of infantry, to enter upon his muster roll every person subject to militia duty within the beat or district comprehending his company, whether of artillery, cavalry, grenadiers, light infantry, volunteers, or by whatever other denomination distinguished, including all non commissioned officers & musicians, which muster roll he shall make out, on oath, and return to the officer commanding the battalion or regiment, to which he belongs: who shall, without delay, return the same to the brigade inspector of his brigade, and the brigade inspectors are hereby required to make out a regular return of all the muster rolls aforesaid, and transmit the same, by mail or otherwise to the adjutant general of the state or territory whereupon, all the militia, of every description, entered upon such muster roll, shall, in like manner, be subject to classification, for the purposes of draft or contribution required by this act; and in all cases of making the draft, where the person drafted shall heretofore have faithfully performed any tour of duty in the militia since the commencement of the war, either as a volunteer or drafted militia man, whether upon the requisition of the United States, or territory. be shall be entitled to a deduction for the whole of his former term of service as aforesaid, from the term of service required by this act, and it shall be the duty of the officer making such draft, at the same time, to make a true and faithful report to the department of war, of all persons drafted by him, who shall previously have performed a tour of service as aforesaid, specifying the nature and duration of such service; whereupon it shall be the duty of the secretary for the department of war, to cause discharges to be granted to all such persons, according to the principles of the aforesaid provision.
Sec 4. And be it further enacted, That the adjutant general shall, on receiving such returns of muster rolls as aforesaid, ascertain and determine the number of men which shall compose each class, so that one man detached therefrom will make the whole number of men
required by this act from such state or territory; and after apportioning the classes and number of men to be detached from the several brigades, regiments, or battalions, shall transmit a copy of the same free of postage or otherwise, to the commanding officer of each brigade, of infantry, who shall on receiving the same, issue his order to the commanding officers of the regiments or battalions composing his brigade requiring them to cause the commanding officers of the several companies composing their regiments or battalions to divide their respective companies into classes, as is required by this act, and each class formed as aforesaid, shall, within twenty days thereafter furnish, by contract or draft, an able bodied man, to serve for the term of two years, who shall be delivered over by the class to such officer as shall be appointed to receive and muster the men who are to compose such detachment. And for the purpose of equalizing, as much as possible, the contributions of the respective classes, in all cases where any class furnish a militia man by contract, it shall be the duty of such militia officer or officers, in laying off the respective districts comprehending each class, to apportion the same, as nearly as possible, according to the value of property and the numbers of militia men subject to draft within each company.
Sec 5 And be it further enacted, That the president of the United States be, and he is here by authorised and required to organize the militia of each state and territory, called forth in virtue of this act, into divisions, brigades, regiments, battalions, and companies, as the numbers from each state and territory shall render necessary and proper. conformably to the laws and regulations respecting the organization of the militia of the United States; and the corps of militia aforesaid shall be officered out of the militia officers, at the option and discretion of the constitutional authority in the respective states and territories.
Sec. 6 And be it further enacted, That every officer, noncommissioned officer, or private, of the militia, who shall fail to obey the orders of the president of the United States in carrying into effect any of the provisions of this act, shall forfeit and pay a sum not exceeding one year's pay, nor less than one month's pay; and such officer shall, moreover, be liable to be cashiered by sentence of a court martial, and be incapacitated from holding a commission in the militia for a term not exceeding 12 months at the discretion of the said court; and such non-commissioned officer, and private shall be liable to be imprisoned by a like sentence, on failure to pay the fines adjudged against them respectively. for one calendar month for every eight dollars of such fine
Sec 7. And be it further enacted, That the militia or any corps of state or territorial troops accepted in lieu thereof while employed in the service of the United States in virtue of this act, shall not be compelled to serve beyond the limits of the state nor territory furnishing the same; and the limits of an adjoining state or territory: except, that the militia or any corps of state troops accepting in lieu thereof, from Kentucky and Tennessee may be required to serve in the defence, and for the protection of Louisiana; and the militia of Penn. and Vir. to serve in Michigan Territory.
Sec 8. And be it further enacted. That the militia or any corps of state or territorial troops accepted in lieu thereof aforesaid, whilst in the service of the United States, shall be subject to the same rules and articles of war, as the troops of the United States. and, in like manner, shall be allowed the same pay, clothing, rations, and forage, and entitled to the same privileges and immunities, in all respects, as the troops of the United States.
Sec.9. And be it further enacted, That after the classification of the militia as aforesaid, any three classes within any state or territory. which shall furnish according to law two effective able bodied recruits, to serve in the army of the United States during the war, shall thereafter be exempt from the militia service required by this act; and to aid them in this respect, such recruits shall be entitled respectively, to receive the bounty in money and land, which is allowed to other recruits respectively for the army of the United States; and in all cases where recruits shall be furnished as aforesaid, the same shall be delivered to some recruiting officer in the service of the United States, who shall immediately give his receipt therefor, on account of the classes furnishing them, and shall forthwith report the same to the department of war, specifying in such report the names and description of such recruits respectively,and the description of the classes of the militia furnishing the same; whereupon it shall be the duty of the secretary for the department of war to grant, without delay, to such classes a certificate of exemption from the militia service required by this act; which certificate shall, to all intents and purposes, be good and available to them for their absolute exemption therefrom.
Sec. 10 And be it further enacted. That in case the recruits furnished under the provisions of this act, in addition to the recruits now authorized by law, should amount in the whole, to a greater number than sufficient to fill the present military establishment, it shall be lawful for the president of the United States to receive such recruits into the service of the U. States notwithstanding such excess; & to form them into regiments, battalions, & companies, as the numbers of such excess may render necessary, conformably to the regulations of the present military establishment; and the president of the United States is hereby authorised and required to nominate, and, by and with the advice and consent of the senate appoint as many officers to command such recruits as may be necessary for that purpose conforming. in all respects, to the laws and regulations respecting the organization of the present military establishment, and the appointment and relative rank of officers therein. And the officers hereby authorised to be appointed, shall be placed upon the same footing in all respects, with the officers of the same grade in the present military establishment.
To authorise the president of the United States to call upon the several states and territories thereof for their respective quotas of 80,430 militia, for the defence of the frontiers of the United States, passed in the Senate, Nov 22, 1814.
Be it enacted by the senate and house of representatives of the United States of America in congress assembled. That the president of the United States be, and he is hereby authorised and required to call upon the executives of the several states and territories thereof, for their respective quotas of 80,430 militia, armed and equipped according to law to serve for the term of two years, from the time of meeting at the place of rendezvous, unless sooner discharged:
From New Hampshire, 2530; Massachusetts, 8605; Vermont, 2580; Rhode-Island, 860; Connecticut, 3010; New York, 11615; New-Jersey, 2580; Pennsylvania, 9805; Delaware, 860; Maryland, 3570; Virginia, 9895; North Carolina, 5590; South Carolina, 3870; Georgia, 2580; Kentucky, 4300; Ohio, 2580; Tennessee, 2580; Louisiana, 430; the Mississippi territory, 522; the Indiana territory, 549; the Illinois territory, 213; the Michigan territory, 60; the Missouri territory, 376; the territory of Columbia, 430.
Sec. 2. And be it further enacted. That the whole number of militia of each state and territory, shall be divided into classes, in such manner, as that one man from each class, shall in the whole amount, as nearly as may be, to the number required from such state or territory; and after such classification, each class shall furnish, by draft or by contract, one effective able bodied man, to serve in the militia detached for the term of two years as aforesaid, unless sooner discharged: Provided nevertheless, That if any state or territory shall, within three months after the passing of this act, furnish its quota of militia, or any part thereof required by this act, or other troops in lieu of them, for an equal or longer term of service, the same shall be received into the service of the United States in substitution of the same number of militia called for by this act; and in that case, the draft shall so far cease to take effect. And the draft shall also cease to take effect in every case in which any class shall furnish a militia man by contract as aforesaid.
Sec. 3. And be it further enacted, That for the purpose of carrying into effect the provisions of this act, with equality and justice to all descriptions of the militia, it shall be the duty of every officer commanding a company of infantry, to enter upon his muster roll every person subject to militia duty within the beat or district comprehending his company, whether of artillery, cavalry, grenadiers, light infantry, volunteers, or by whatever other denomination distinguished, including all non commissioned officers & musicians, which muster roll he shall make out, on oath, and return to the officer commanding the battalion or regiment, to which he belongs: who shall, without delay, return the same to the brigade inspector of his brigade, and the brigade inspectors are hereby required to make out a regular return of all the muster rolls aforesaid, and transmit the same, by mail or otherwise to the adjutant general of the state or territory whereupon, all the militia, of every description, entered upon such muster roll, shall, in like manner, be subject to classification, for the purposes of draft or contribution required by this act; and in all cases of making the draft, where the person drafted shall heretofore have faithfully performed any tour of duty in the militia since the commencement of the war, either as a volunteer or drafted militia man, whether upon the requisition of the United States, or territory. be shall be entitled to a deduction for the whole of his former term of service as aforesaid, from the term of service required by this act, and it shall be the duty of the officer making such draft, at the same time, to make a true and faithful report to the department of war, of all persons drafted by him, who shall previously have performed a tour of service as aforesaid, specifying the nature and duration of such service; whereupon it shall be the duty of the secretary for the department of war, to cause discharges to be granted to all such persons, according to the principles of the aforesaid provision.
Sec 4. And be it further enacted, That the adjutant general shall, on receiving such returns of muster rolls as aforesaid, ascertain and determine the number of men which shall compose each class, so that one man detached therefrom will make the whole number of men
required by this act from such state or territory; and after apportioning the classes and number of men to be detached from the several brigades, regiments, or battalions, shall transmit a copy of the same free of postage or otherwise, to the commanding officer of each brigade, of infantry, who shall on receiving the same, issue his order to the commanding officers of the regiments or battalions composing his brigade requiring them to cause the commanding officers of the several companies composing their regiments or battalions to divide their respective companies into classes, as is required by this act, and each class formed as aforesaid, shall, within twenty days thereafter furnish, by contract or draft, an able bodied man, to serve for the term of two years, who shall be delivered over by the class to such officer as shall be appointed to receive and muster the men who are to compose such detachment. And for the purpose of equalizing, as much as possible, the contributions of the respective classes, in all cases where any class furnish a militia man by contract, it shall be the duty of such militia officer or officers, in laying off the respective districts comprehending each class, to apportion the same, as nearly as possible, according to the value of property and the numbers of militia men subject to draft within each company.
Sec 5 And be it further enacted, That the president of the United States be, and he is here by authorised and required to organize the militia of each state and territory, called forth in virtue of this act, into divisions, brigades, regiments, battalions, and companies, as the numbers from each state and territory shall render necessary and proper. conformably to the laws and regulations respecting the organization of the militia of the United States; and the corps of militia aforesaid shall be officered out of the militia officers, at the option and discretion of the constitutional authority in the respective states and territories.
Sec. 6 And be it further enacted, That every officer, noncommissioned officer, or private, of the militia, who shall fail to obey the orders of the president of the United States in carrying into effect any of the provisions of this act, shall forfeit and pay a sum not exceeding one year's pay, nor less than one month's pay; and such officer shall, moreover, be liable to be cashiered by sentence of a court martial, and be incapacitated from holding a commission in the militia for a term not exceeding 12 months at the discretion of the said court; and such non-commissioned officer, and private shall be liable to be imprisoned by a like sentence, on failure to pay the fines adjudged against them respectively. for one calendar month for every eight dollars of such fine
Sec 7. And be it further enacted, That the militia or any corps of state or territorial troops accepted in lieu thereof while employed in the service of the United States in virtue of this act, shall not be compelled to serve beyond the limits of the state nor territory furnishing the same; and the limits of an adjoining state or territory: except, that the militia or any corps of state troops accepting in lieu thereof, from Kentucky and Tennessee may be required to serve in the defence, and for the protection of Louisiana; and the militia of Penn. and Vir. to serve in Michigan Territory.
Sec 8. And be it further enacted. That the militia or any corps of state or territorial troops accepted in lieu thereof aforesaid, whilst in the service of the United States, shall be subject to the same rules and articles of war, as the troops of the United States. and, in like manner, shall be allowed the same pay, clothing, rations, and forage, and entitled to the same privileges and immunities, in all respects, as the troops of the United States.
Sec.9. And be it further enacted, That after the classification of the militia as aforesaid, any three classes within any state or territory. which shall furnish according to law two effective able bodied recruits, to serve in the army of the United States during the war, shall thereafter be exempt from the militia service required by this act; and to aid them in this respect, such recruits shall be entitled respectively, to receive the bounty in money and land, which is allowed to other recruits respectively for the army of the United States; and in all cases where recruits shall be furnished as aforesaid, the same shall be delivered to some recruiting officer in the service of the United States, who shall immediately give his receipt therefor, on account of the classes furnishing them, and shall forthwith report the same to the department of war, specifying in such report the names and description of such recruits respectively,and the description of the classes of the militia furnishing the same; whereupon it shall be the duty of the secretary for the department of war to grant, without delay, to such classes a certificate of exemption from the militia service required by this act; which certificate shall, to all intents and purposes, be good and available to them for their absolute exemption therefrom.
Sec. 10 And be it further enacted. That in case the recruits furnished under the provisions of this act, in addition to the recruits now authorized by law, should amount in the whole, to a greater number than sufficient to fill the present military establishment, it shall be lawful for the president of the United States to receive such recruits into the service of the U. States notwithstanding such excess; & to form them into regiments, battalions, & companies, as the numbers of such excess may render necessary, conformably to the regulations of the present military establishment; and the president of the United States is hereby authorised and required to nominate, and, by and with the advice and consent of the senate appoint as many officers to command such recruits as may be necessary for that purpose conforming. in all respects, to the laws and regulations respecting the organization of the present military establishment, and the appointment and relative rank of officers therein. And the officers hereby authorised to be appointed, shall be placed upon the same footing in all respects, with the officers of the same grade in the present military establishment.
What sub-type of article is it?
Politics
Military
What keywords are associated?
Militia Act
Congressional Legislation
Frontier Defense
State Quotas
War Of 1812
Militia Draft
Military Organization
Where did it happen?
United States
Domestic News Details
Primary Location
United States
Event Date
1814 11 22
Outcome
act passed authorizing the president to call up 80,430 militia for frontier defense; details quotas, drafting, organization, penalties, and exemptions.
Event Details
The U.S. Congress enacted a law empowering the President to require state and territorial executives to provide specified quotas of militia, totaling 80,430 men, for two-year service. The act outlines classification into classes for drafting or volunteering, muster rolls, organization into units, service limitations, pay equivalent to regular troops, penalties for non-compliance, and exemptions for providing recruits to the regular army.