Militia Act of 1792

[Travlyr]

Militia Act of 1792,
Second Congress, Session I. Chapter XXVIII
Passed May 2, 1792,
providing for the authority of the President to call out the Militia

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United States, to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper; and in case of an insurrection in any state, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be applied for, or as he may judge sufficient to suppress such insurrection.

I have often heard that President Lincoln did not have the authority to call up the militias to defend the Union. It seems to me the Militia Act of 1792 gave him that authority.

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.

Read the rest of the Militia Act here.

[pcosmar]

I have often heard that President Lincoln did not have the authority to call up the militias to defend the Union. It seems to me the Militia Act of 1792 gave him that authority.
.

The Constitution does give him the "authority" to call the militia.

The Militia has a right to refuse the call. For any reason that they may have. (morally or political)

Lincoln instituted the Draft.. And the Draft, (Involuntary Servitude) is not acceptable.. EVER.

[eduardo89]

Lincoln instituted the Draft.. And the Draft, (Involuntary Servitude) is not acceptable.. EVER.

Involuntary servitude wasn't unconstitutional until after the Civil War and the passage of the 13th amendment.

[CCTelander]

Involuntary servitude wasn't unconstitutional until after the Civil War and the passage of the 13th amendment.

Which, of course, makes it perfectly moral and above reproach before then. Puh-lease.

[pcosmar]

Involuntary servitude wasn't unconstitutional until after the Civil War and the passage of the 13th amendment.

The militia was Voluntary from the beginning. Though just as Law Enforcement it was considered a Civic Duty.
There were exemptions to anyone that opposed military service or the bearing of arms. (the Quakers notably)

Conscription was proposed several times and defeated. The last in 1840 (as I remember)
It was not instituted till 1862.

[Travlyr]

The militia was Voluntary from the beginning. Though just as Law Enforcement it was considered a Civic Duty.
There were exemptions to anyone that opposed military service or the bearing of arms. (the Quakers notably)

Conscription was proposed several times and defeated. The last in 1840 (as I remember)
It was not instituted till 1862.

Conscription into the army was implemented in 1862 in the Confederacy and 1863 in the United States, and I agree that conscription is immoral. I wish conscription had never happened. All we can do is make sure it never happens again.