United States Statutes at Large/Volume 2/9th Congress/1st Session/Chapter 32
[Expired.]
Chap. XXXII.—An Act authorizing a detachment from the Militia of the United States.
President authorized to call upon the executives of the several states to have their proportions of militia ready for immediate service.
Apportionment how to be made.
1808, ch. 39.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 authorized, at such time as he shall deem necessary, to require of the executives of the several states, to take effectual measures to organize, arm and equip, according to law, and hold in readiness to march at a moment’s warning, their respective proportions of one hundred thousand militia, officers included; to be apportioned by the President of the United States, by the militia returns of the last year, in cases where such returns were made, and in cases where such returns were not made the last year, by such other data as he shall judge equitable.
President may authorize the acceptance of volunteer corps.Sec. 2. And be it further enacted, That the President may, if he shall judge it expedient, authorize the executives of the several states, to accept, as part of the said detachment, any corps of volunteers, who shall engage to continue in service six months after they arrive at the place of rendezvous.
How the militia are to be officered.
President apportioning the general officers.Sec. 3. And be it further enacted, That the detachment of militia and volunteers aforesaid, shall be officered out of the present militia officers, or others, at the option and direction of the constitutional authority in each state, respectively; the President of the United States apportioning the general officers among the respective states as he may deem proper.
Length of time which the militia may be compelled to serve.
Their pay, &c.Sec. 4. And be it further enacted, That the said detachment shall not be compelled to serve a longer time than six months after they arrive at the place of rendezvous: and that during the time of their service, they shall be entitled to the same pay, rations and allowance for clothing, that are established by law, as the pay, rations and allowance for clothing of the army of the United States.
President may call into service any proportion of the detachment.Sec. 5. And be it further enacted, That the President of the United States be, and he is hereby authorized to call into actual service any part, or the whole of the said detachment, when he shall judge the exigencies of the United States require it; if a part of the said detachment only shall be called into actual service, they shall be taken from such part thereof as the President in his discretion shall deem most proper.
Appropriation.Sec. 6. And be it further enacted, That two millions of dollars be, and are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the pay and subsistence of such part of the said detachment as may be called into service.
Act of March 3, 1803, ch. 32, repealed.
1812, ch. 55,Sec. 7. And be it further enacted, That an act, intituled “An act directing a detachment from the militia of the United States, and for erecting certain arsenals,” approved the third of March, one thousand eight hundred and three, be, and the same is hereby repealed.
Commencement and duration of this act.Sec. 8. And be it further enacted, That this act shall continue, and be in force for the term of two years from the passing thereof, and no longer.
Approved, April 18, 1806.