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Cleveland, Cuyahoga County, Ohio
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Synopsis of the Ohio Militia Law passed in the last legislative session, detailing enrollment of white males aged 18-45, exemptions, company organization, elections, musters, fines, and provisions for active service during emergencies.
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SATURDAY MORNING. JUNE 13. 1863.
The Ohio Militia Law.
The following is a synopsis of the Militia Law of this State, passed at the last session of the Legislature:
Section first provides for the enrollment of all white male citizens between the ages of 18 and 45.
The second section directs the Assessor to prepare two rolls of all persons enrolled, and place one upon the Clerk's office of their respective townships, and the other in the Auditor's office of the proper county.
And it is the duty of the Auditor annually on or before the first of June to return a true copy of each enrollment to the Adjutant General, who will report to the War Department on the 1st of January.
If any person of whom information is required by any assessor in order to enable him to comply with the provisions of this act, shall refuse to give such information, or shall give false information, he, she or they shall forfeit and pay not more than ten nor less than three dollars for each offense, the money to go to the military fund of said county. The commandant of each company within the bounds of whose company any person liable to perform military duty may come to reside, within ten days shall be informed of such residence, is required to enroll such persons; also, all persons who may from time to time arrive at the age of eighteen. Section three provides that the Township Clerk shall, within ten days after receiving said list of enrollment, give written notice thereof by posting the same within five public places within said township, which said notice shall also state, that the Township Trustees will hear and determine claims for exemption from military duty, within twenty days next ensuing. Each person claiming exemption, shall, before he is excused from said military duty, produce to the trustees or the Township the certificate of a surgeon of acknowledged skill stating clearly that such person is physically unable to perform military duty, and such other evidence in the case as the Trustees may require. Said evidence to be produced within twenty days after the posting of said written notice. And on satisfactory evidence of disability, the Trustees shall give certificate of exemption, which shall be valid as long as the disability shall continue, and no longer.
After organization, the commandants are to hear and determine claims for exemption. Section five requires Trustees to form company districts, and fix upon a place, for the election of company officers. The first election to be held on the first Saturday of July next, (4th) the poll-book to be returned forthwith to the Sheriff of the county, Section eighth makes it the duty of the Sheriff, on or before the 10th of July next, to organize the several companies within his county, into regiments of not less than eight nor more than ten companies each, and to report to the Adjutant General, It is also the duty of the Sheriff to order elections for field officers. Section eighteen allows each company or battery to adopt its own constitution and by-laws, which shall be binding on all the members. Section nineteen requires commandants of volunteers to make returns to the Adjutant General, on or before the first day of November in each year. Section twenty-one fixes the term of five years for every commissioned and non-commissioned officer and soldier of any volunteer company or battery, to be held to duty. Section twenty-eight provides for a muster of the militia of the State by companies within their respective bounds, on the last Saturday of September in each year; and each volunteer company and battery shall, besides such muster, have two or more additional musters each year; and also in each year one squadron, battalion or regimental muster on the next Tuesday following the last Saturday in September. That at all musters, the officers and privates shall appear on their respective muster grounds on the day appointed, at 10 o'clock, A. M., and each absentee, non commissioned officer or private shall pay the sum of one dollar and fifty cents, and each commissioned officer, for such refusal or neglect, shall pay the sum of not less than three dollars, nor less than five, to be collected as other debts. Any member of the enrolled militia, excepting volunteers and commissioned officers, may commute for all fines for non-attendance at muster, to which he may be subjected in the course of the year, by paying into the county treasury, to the credit of the military fund, on or before the 10th of September, the sum of two dollars. Each volunteer company, organized, uniformed and equipped under the provisions of this act, shall be entitled to receive annually the sum of two hundred dollars as a company fund, for the care of arms, rent of armories, and other incidental expenses of said company, said sum to be paid out of the military fund of district where the company is located. No muster or parade of the militia shall be held on the day during which a general or special election shall be held, nor within five days previous to such election, except in cases of riot, invasion or insurrection, or imminent danger thereof. Commissioned and non commissioned officers, and each and every member of any company, to receive one dollar per day, or one dollar per night, or two dollars for each day and night together, when serving under the order of a Sheriff of the county, or the order of the Mayor, to suppress riots, mobs, or to enforce civil law, to be paid out of the County Treasury on the order of the said Sheriff or Mayor. The enrolled militia, or any portion of them, shall be liable to be called into active service, by order of the Governor, in case of invasion, or to prevent invasion, or insurrection; and any person liable to perform military duty, neglecting or refusing to march as ordered by the proper commanding officer, shall be deemed and treated as a deserter. The militia, while in active service to be governed by the military laws of the State, and the rules and regulations of war of the United States. For active service, the militia to receive the same compensation as volunteers in the United States service.
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Domestic News Details
Primary Location
Ohio
Event Date
June 13, 1863
Event Details
Synopsis of the Ohio Militia Law passed at the last session of the Legislature, covering enrollment of white male citizens aged 18-45, preparation of rolls by assessors, exemptions for physical disability certified by surgeons, formation of company districts, elections of officers on first Saturday of July 1863, organization into regiments by sheriffs, adoption of company by-laws, annual returns, five-year terms, musters with fines for absences, commutation fees, funding for volunteer companies, restrictions on musters near elections, compensation for suppressing riots, and liability for active service under Governor's orders.