Secs. 1625-1660.

TITLE XVI.

THE MILITIA.

[Repealed. Act Jan. 21, 1903, c. 196, § 25.]

These sections, comprising the whole of this Title of the Revised Statutes except section 1661, which makes a permanent annual appropriation for arms and equipments for the militia, are repealed by Act Jan. 21, 1903, c. 196, § 25, set forth below. Other sections of that act provide for the composition, organization, equipment, regulation, and service of the militia.

ACT JAN. 21, 1903, c. 196.

An Act to Promote the Efficiency of the Militia, and for Other Purposes. (32 Stat. 775.)

Composition of militia, and classification as organized militia and reserve militia.

Be it enacted, &c., That the militia shall consist of every ablebodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes-the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.

Act Jan. 21, 1903, c. 196, § 1, 32 Stat. 775.

Persons exempt.

Sec. 2. That the Vice-President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post road, artificers and workmen employed in the armories. and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age: Provided, That nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organization at present organized and existing whose

creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organization, to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States.

Act Jan. 21, 1903, c. 196, § 2, 32 Stat. 775.

Organized militia; organization, armament, and discipline; minimum number of enlisted men in organizations; privileges of existing corps.

Sec. 3. That the regularly enlisted, organized, and uniformed active militia in the several States and Territories and the District of Columbia who have heretofore participated or shall hereafter participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and designated as National Guard, militia, or otherwise, shall constitute the organized militia. The organization, armament, and discipline of the organized militia in the several States and Territories and in the District of Columbia shall be the same as that which is now or may hereafter be prescribed for the Regular and Volunteer Armies of the United States, within five years from the date of the approval of this Act: Provided, That the President of the United States, in time of peace, may by order fix the minimum number of enlisted men in each company, troop, battery, signal corps, engineer corps, and hospital corps: And provided further, That any corps of artillery, cavalry and infantry existing in any of the States at the passage of the Act of May eighth, seventeen hundred and ninety-two, which, by the laws, customs or usages of the said States have been in continuous existence since the passage of said Act under its provisions and under the provisions of Section two hundred and thirty-two and Sections sixteen hundred and twentyfive to sixteen hundred and sixty, both inclusive, of Title sixteen of the Revised Statutes of the United States relating to the Militia, shall be allowed to retain their accustomed privileges, subject, nevertheless, to all other duties required by law in like manner as the other Militia.

Act Jan. 21, 1903, c. 196, § 3, 32 Stat. 775.

Rev. St. § 232, mentioned in this section, is set forth in Comp. St. 1901, p. 121. It is repealed by section 25 of this act, section 12 of which contains more comprehensive provisions of the same nature.

Rev. St. § 1661, mentioned in this section, is set forth in Comp. St. 1901, p. 1131.

Act May 8, 1792, c. 33, also mentioned in this section, was incorporated in various sections of this Title of the Revised Statutes, which are repealed by section 25 of this act.

Call of President in case of invasion, rebellion, etc.

Sec. 4. That whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable, with the other forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth, for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of

Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper.

Act Jan. 21, 1903, c. 196, § 4, 32 Stat. 776.

Term of service to be specified in call of President.

Sec. 5. That whenever the President calls forth the militia of any State or Territory or of the District of Columbia to be employed in the service of the United States, he may specify in his call the period for which such service is required, not exceeding nine months, and the militia so called shall continue to serve during the term so specified, unless sooner discharged by order of the President.

Act Jan. 21, 1903, c. 196, § 5, 32 Stat. 776.

Apportionment of number called into service among States, etc.

Sec. 6. That when the militia of more than one State is called into the actual service of the United States by the President he may, in his discretion, apportion them among such States or Territories or to the District of Columbia according to representative population.

Act Jan. 21, 1903, c. 196, § 6, 32 Stat. 776.

Muster into service.

Sec. 7. That every officer and enlisted man of the militia who shall be called forth in the manner hereinbefore prescribed and shall be found fit for military service shall be mustered or accepted into the United States service by a duly authorized mustering officer of the United States: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself to such mustering officer upon being called forth as herein prescribed shall be subject to trial by court-martial, and shall be punished as such court-martial may direct.

Act Jan. 21, 1903, c. 196, § 7, 32 Stat. 776.

Courts martial, composition.

Sec. 8. That courts-martial for the trial of officers or men of the militia, when in the service of the United States, shall be composed of militia officers only.

Act Jan. 21, 1903, c. 196, § 8, 32 Stat. 776.

Courts martial, summary courts, and courts of inquiry are provided for by the Articles of War, arts. 72-121, and subsequent statutes, set forth in Comp. St. 1901, pp. 959-971.

Militia in actual service subject to Rules and Articles of War.

Sec. 9. That the militia, when called into the actual service of the United States, shall be subject to the same Rules and Articles of War as the regular troops of the United States.

Act Jan. 21, 1903, c. 196, § 9, 32 Stat. 776.

The Articles of War are set forth in Title XIV, "The Army," c. 5, Comp. St. 1901, pp. 942-974.

Pay and allowances of militia in actual service.

Sec. 10. That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the

same pay and allowances as are or may be provided by law for the Regular Army.

Act Jan. 21, 1903, c. 196, § 10, 32 Stat. 776.

Payment for actual field or camp service, for instruction, from the allotment of the state out of the annual appropriation, under Rev. St.

§ 1661, is provided for by section 14 of this act, set forth below. Payment for service while participating in encampments, maneuvers, etc., of the Regular Army, is also provided for by section 15 of this act, set forth below.

Time of commencement of pay; previous expenditures.

Sec. II. That when the militia is called into the actual service of the United States, or any portion of the militia is accepted under the provisions of this Act, their pay shall commence from the day of their appearing at the place of company rendezvous. But this provision shall not be construed to authorize any species of expenditure previous to arriving at such places of rendezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous.

Act Jan. 21, 1903, c. 196, § 11, 32 Stat. 776.

Adjutant-General in each State, etc.; duties, and returns and reports to Secretary of War; report to Congress.

Sec. 12. That there shall be appointed in each State, Territory and District of Columbia, an Adjutant-General, who shall perform such duties as may be prescribed by the laws of such State, Territory, and District, respectively, and make returns to the Secretary of War, at such times and in such form as he shall from time to time prescribe, of the strength of the organized militia, and also make such reports as may from time to time be required by the Secretary of War. That the Secretary of War shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutants-general of the States, Territories, and the District of Columbia, with such observations thereon as he may deem necessary for the information of Congress.

Act Jan. 21, 1903, c. 196, § 12, 32 Stat. 776.

Previous provisions, that the Secretary of War should lay before Congress in each year an abstract of the returns of the adjutant-generals of the several States of the militia thereof, were contained in Rev. St. § 232, Comp. St. 1901, p. 121.

Issue of arms, equipments, etc.; exchange of ammunition; exchange of old for new arms; appropriation.

Sec. 13. That the Secretary of War is hereby authorized to issue, on the requisitions of the governors of the several States and Territories, or of the commanding general of the militia of the District of Columbia, such number of the United States standard service magazine arms, with bayonets, bayonet scabbards, gun slings, belts, and such other necessary accouterments and equipments as are required for the Army of the United States, for arming all of the organized militia in said States and Territories and District of Columbia, without charging the cost or value thereof, or any which have been issued since December first, nineteen hundred and one, or any expense connected therewith, against the allotment to said State, Territory, or

District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring payment therefor, and to exchange, without receiving any money credit therefor, ammunition, or parts thereof, suitable to the new arms, round for round, for corresponding ammunition suitable to the old arms theretofore issued to said State, Territory, or District by the United States: Provided, That said rifles and carbines and other property shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States and Territories as now required by law, and that each State, Territory, and District shall, on receipt of the new arms, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor, and without expense for transportation, all United States rifles and carbines. now in its possession.

To provide means to carry into effect the provisions of this section, the necessary money to cover the cost of exchanging or issuing the new arms, accouterments, equipments, and ammunition to be exchanged or issued hereunder is hereby appropriated out of any moneys in the Treasury not otherwise appropriated.

Act Jan. 21, 1903, c. 196, § 13, 32 Stat. 777.

Rev. St. § 1661, mentioned in this section, making an annual appropriation for arms, etc., for the militia, is set forth in Comp. St. 1901, p. 1131.

Previous provisions for the issue of arms, equipments, etc., for the militia of the States and Territories, are collected under Rev. St. § 1661, Comp. St. 1901, pp. 1131-1134.

Payment from allotment out of annual appropriation for actual field or camp service for instruction; disbursing officer; accounts. Sec. 14. That whenever it shall appear by the report of inspections, which it shall be the duty of the Secretary of War to cause to be made at least once in each year by officers detailed by him for that purpose, that the organized militia of a state or territory or of the District of Columbia is sufficiently armed, uniformed, and equipped for active. duty in the field, the Secretary of War is authorized, on the requisition of the governor of such State or Territory, to pay to the quartermaster-general thereof, or to such other officer of the militia of said State as the said governor may designate and appoint for the purpose, so much of its allotment out of the said annual appropriation under section sixteen hundred and sixty-one of the Revised Statutes as amended as shall be necessary for the payment, subsistence, and transportation of such portion of said organized militia as shall engage in actual field or camp service for instruction, and the officers and enlisted men of such militia while so engaged shall be entitled to the same pay, subsistence, and transportation or travel allowances as officers and enlisted men of corresponding grades of the Regular Army are or may hereafter be entitled by law, and the officer so designated and appointed shall be regarded as a disbursing officer of the United States, and shall render his accounts through the War Department to the proper accounting officers of the Treasury for settlement, and he shall be required to give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct,