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New Discovery! 2023 Hottest in over 120 Million Years 2024 and beyond in prophecy Questions Status: Not Logged In; Sign In United States News See other United States News Articles Title: FLUSH: ‘Conservative Hero’ Ben Carson To Beck: You Have No Right To Semi-Automatic Weapons In Large Cities Source: [None] URL Source: http://www.mediaite.com/tv/conserva ... matic-weapons-in-large-cities/ Published: Nov 12, 2014 Author: Andrew Kirell Post Date: 2014-11-12 12:32:26 by A K A Stone Keywords: None Views: 38147 Comments: 99 Appearing on Glenn Beck‘s radio show this past week, Dr. Benjamin Carson took a vastly different stance from most conservatives on the issue of gun control, claiming you shouldn’t be able to own semi-automatic weapons in large cities. Carson became a newfound conservative hero last month when he spoke at the National Prayer Breakfast and laid out a series of criticisms of ObamaCare, political correctness, and tax policy right in front of the president himself. Many called the speech “inappropriate” given the apolitical nature of the event, but many conservatives lauded Carson for his “bold” and “sensible” suggestions for policy reform. Asked by Beck for his thoughts on the Second Amendment, Carson gave the popular pro-gun argument: “There’s a reason for the Second Amendment; people do have the right to have weapons.” But when asked whether people should be allowed to own “semi-automatic weapons,” the doctor replied: “It depends on where you live.” “I think if you live in the midst of a lot of people, and I’m afraid that that semi-automatic weapon is going to fall into the hands of a crazy person, I would rather you not have it,” Carson elaborated. However, if you live “out in the country somewhere by yourself” and want to own a semi-automatic weapon, he added, “I’ve no problem with that.” Watch below, via TheBlaze: Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 5. #1. To: A K A Stone (#0) Asked by Beck for his thoughts on the Second Amendment, Carson gave the popular pro-gun argument: “There’s a reason for the Second Amendment; people do have the right to have weapons.” But when asked whether people should be allowed to own “semi-automatic weapons,” the doctor replied: “It depends on where you live.” “I think if you live in the midst of a lot of people, and I’m afraid that that semi-automatic weapon is going to fall into the hands of a crazy person, I would rather you not have it,” Carson elaborated. Cities can exert no exemption to the requirements of the Constitution. For those who choose to blather about the militia, the militia includes virtually all men between the ages of 17 to 45, and female citizens in the National Guard. The right reserved by the people, and not delegated to the government, is reserved for all and not just members of the militia. As Madison shows in Federalist 46, the right is not reserved for the purpose of deer hunting but as a defense against an overreaching Federal government. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. 10 U.S.C. §311 §311. Militia: composition and classes (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. (b) The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia. Madison, Federalist 46, re the Militia Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. nolu chan  posted on  2014-11-12   13:25:37 ET  Reply   Untrace   Trace   Private Reply   #5. To: nolu chan (#1) "The right reserved by the people, and not delegated to the government, is reserved for all and not just members of the militia." Words mean things. The second amendment does not say, "the right of all persons". It says the right of "the people". Who were "the people"? At the time, they were the rich white men. The ones with someting to lose. The ones who wrote the U.S. Constitution and the Bill of Rights to protect their interests. Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches. Now, who was in the militia back then? According to the Militia Act of 1792, only white adult male citizens. Not women. Not black slaves. Not children. Not non-citizens. Therefore, not all persons. Only "the people". The second amendment protected their right to keep and bear arms as part of a militia. State constitutions protected the rights of other persons. misterwhite  posted on  2014-11-15   11:45:41 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 5. #6. To: misterwhite (#5) (Edited) Interesting analysis. A K A Stone  posted on  2014-11-15 11:57:31 ET  Reply   Untrace   Trace   Private Reply   #9. To: misterwhite (#5) It's been awhile, welcome back... CZ82  posted on  2014-11-15 17:46:47 ET  Reply   Untrace   Trace   Private Reply   #11. To: misterwhite (#5) Words mean things. The second amendment does not say, "the right of all persons". It says the right of "the people". Who were "the people"? At the time, they were the rich white men. The ones with someting to lose. The ones who wrote the U.S. Constitution and the Bill of Rights to protect their interests. Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches. The people were those who organized as political communities called States. The people hold sovereignty which is exercised only as States. The Federal government had no say in who could, or could not, vote. Only later did amendments and federal law forbid voting discrimination based on race or sex, etc. Voting was not restricted to rich White people or men. Neither was it restricted to citizens. Blacks, women, and aliens all voted in the early days of the nation. In early presidential and senatorial elections there was no popular vote at all. To this day, there is no constitutional right to vote for president, as noted in Bush v. Gore. [The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U. S. Const., Art. II, §1.] Who was entitled to vote was entirely a matter under State purview and varied from state to state. For one example, in New Jersey, women voted. http://www.crf-usa.org/bill-of-rights-in-action/bria-8-1-b-who-voted-in-early-america After declaring independence on July 4, 1776, each former English colony wrote a state constitution. About half the states attempted to reform their voting procedures. The trend in these states was to do away with the freehold requirement in favor of granting all taxpaying, free, adult males the right to vote. Since few men escaped paying taxes of some sort, suffrage (the right to vote) expanded in these states. Vermont's constitution went even further in 1777 when it became the first state to grant universal manhood suffrage (i.e., all adult males could vote). Some states also abolished religious tests for voting. It was in New Jersey that an apparently accidental phrase in the new state constitution permitted women to vote in substantial numbers for the first time in American history. "Of Government in Petticoats!!!" The provision on suffrage in the New Jersey state constitution of 1776 granted the right to vote to "all inhabitants" who were of legal age (21), owned property worth 50 English pounds (not necessarily a freehold), and resided in a county for at least one year. No one is sure what was meant by "all inhabitants" since the New Jersey constitutional convention was held in secret. But it appears that no agitation for woman suffrage occurred at the convention. After the state constitution was ratified by the voters (presumably only men voted), little comment on the possibility of women voting took place in the state for 20 years. Even so, one state election law passed in 1790 included the words "he or she." It is unclear how many, or if any, women actually voted during this time. In 1797, a bitter contest for a seat in the New Jersey state legislature erupted between John Condict, a Jeffersonian Republican from Newark, and William Crane, a Federalist from Elizabeth. Condict won the election, but only by a narrow margin after Federalists from Elizabeth turned out a large number of women to vote for Crane. This was probably the first election in U.S. history in which a substantial group of women went to the polls. Blacks clearly voted: The Supreme Court of North Carolina, State v. Manuel, 4 Dev. and Bat. 20, opinion of the court: The Constitution extended the elective franchise to every freeman who had arrived at the age of twenty-one and paid a public tax, and it is a matter of universal notoriety that, under it, free persons, without regard to color, claimed and exercised the franchise until it was taken from free men of color a few years since by our amended Constitution. U.S. Supreme Court, Justice Curtis, dissenting opinion in Scott v. Sanford: The Constitution of New Hampshire conferred the elective franchise upon "every inhabitant of the State having the necessary qualifications," of which color or descent was not one. The Constitution of New York gave the right to vote to "every male inhabitant, who shall have resided," &c., making no discrimination between free colored persons and others. See Con. of N.Y., Art. 2, Rev.Stats. of N.Y., vol. 1, p. 126. That of New Jersey, to "all inhabitants of this colony, of full age, who are worth £ 50 proclamation money, clear estate." New York, by its Constitution of 1820, required colored persons to have some qualifications as prerequisites for voting, which white persons need not possess. And New Jersey, by its present Constitution, restricts the right to vote to white male citizens. Aliens clearly voted: http://www.ehistory.com/uscw/library/or/123/0369.cfm OFFICIAL RECORDS: Series 3, vol 2, Part 1 (Union Letters, Orders, Reports) Page 369 UNION AUTHORITIES. MADISON, WIS., August 12, 1862. Honorable E. M. STANTON: About one-half of the able-bodied men between eighteen and forty- five years in this State are foreign born. They have declared their intention to become citizens of the United States. Have the right to vote under our State constitution if twenty-one years old. Have enjoyed and are enjoying all the privileges of citizens. Are they liable to be drafted? They should be liable. Great injustice will be done to our State if they are exempt, and our quota would be too large if they are exempt. Cannot those who are not willing to subject themselves to draft be ordered to leave the country? Answer this immediately. I must have the time for volunteering extended, as asked for by my dispatches of Saturday and yesterday. Please answer them. E. SALOMON, Governor of Wisconsin. nolu chan  posted on  2014-11-15 18:56:40 ET  Reply   Untrace   Trace   Private Reply   #12. To: misterwhite (#5) Now, who was in the militia back then? According to the Militia Act of 1792, only white adult male citizens. Not women. Not black slaves. Not children. Not non-citizens. Therefore, not all persons. Only "the people". The second amendment protected their right to keep and bear arms as part of a militia. State constitutions protected the rights of other persons. The Militia Act of May 8, 1792 (or Second Militia Act of 1792) Chap. XXXIII.—An Act more effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States. (a) SECTION 1. Be it enacted by the Senate and House of Representitives 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 the 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 times hereafter be the duty of every such captain or commanding officer of a company to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. [snip] The Act did not "protect" a right to keep and bear arms. It mandated that the members of the militia possess arms, whether they desired to exercise their right to keep arms or not. 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 twentyfour 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 for arming the militia as 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. The Second Amendment to the Constitution (1791) predates the Militia Act of May 8, 1792 and expressly reserved to the people their pre-existing right to keep and bear arms (the right of the people to keep and bear arms shall not be infringed). Black's Law Dictionary, 6th Ed. People. A state; as the people of the state of New York. A nation in its collective and political capacity. The aggregate or mass of the individuals who constitute the state. Loi Hoa v. Nagle, C.C.A.Cal., 13 F.2d 80, 81. In a more restricted sense, and as generally used in constitutinal law, the entire body of those citizens of a state or nation who are invested with political power for political power. nolu chan  posted on  2014-11-15 18:58:37 ET  Reply   Untrace   Trace   Private Reply   #90. To: misterwhite (#5) http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=36575&Disp=5#C5 Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches. [...] misterwhite posted on 2014-11-15 11:45:41 ET 9 Delaware 49-50, 51-52 [49] That Court has settled the principle that the Constitution of the United States has no relation to the right of voting in the States, except to secure that right against any denial or abridgement on account of race, color or previous condition of servitude. The line of decisions on the construction of the Fourteenth and Fifteenth Amendments is clearly to the effect that the former has no relation to the right of suffrage, and the latter only that above indicated. The first elaborate examination of the Fourteenth Amendment was in the Slanghter House cases, and it was then determined that citizenship of the State and of the United States are different, and depend on different characteristics and circumstances in the individual. It was also expressly held that the privileges and immunities secured by the Fourteenth Amendment, are those belonging to citizenship of the United States, and not to that of the State. Slaughter House cases, 16 Wall., 86, 74, 76. Soon after the same Court decided that suffrage was not conferred by the Fourteenth Amendment; that the United States has no voters of its own creation, and that suffrage is not a privilege or immunity of citizenship of the United States, either originally or under the Fourteenth Amendment. Minor v. Happersett, 21 Wall., 162, 170, 173. The same principle had been determined by Mr. Justice [50] Blatchford, before the last decision, in the Circuit Court of the United States at New York. U. S. v. Anthony, 11 Blatchf., 200. The words privileges and immunities had been long before accurately defined and their scope determined by Mr. Justice Washington, and his definition was approved and adopted by the Supreme Court in The Slaughter House cases, 16 Wall, at page 75, and the Court refers to its prior approval of the same in Ward v. The State of Maryland, 4 Wall, 430. The Court then clearly expressed the opinion that the Fourteenth Amendment did not add anything to the words "privileges and immunities" as contained in the original constitution. Judge Washington's characterization of these terms is in Garfield v. Coryell 4 Wash. C. C, 380. In a later one of the same line of cases it was held that the Fifteenth Amendment of the Constitution of the U. S., does not confer the right of suffrage on any one. Its sole effect is to prevent the States from giving preference to one citizen over another on account of race, color, or previous condition of servitude. United States v. Reese, 92 U. S., 214, 217. The right of suffrage is not a necessary attribute of national citizenship; but only exemption from discrimination in the exercise of that right on account of race, etc., is an attribute of national citizenship. U S. Cruikshank, 92 U. S., 542, 556. The right to vote comes from the States and has not been granted or secured by the Constitution of U. S. Ib., 556. [...] [51] Under our existing laws every person having the right, has an equal opportunity to qualify himself to vote. If he fail to do [52] so, it is by his own neglect or omission, and his disfranchisement, if it occur, is voluntary. State v. Hilmantel, 21 Wis., 574,578; State v. Bakw, 38 Wis., 71, 85, 87. nolu chan  posted on  2014-12-05 17:25:25 ET  Reply   Untrace   Trace   Private Reply   #91. To: misterwhite (#5) http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=36575&Disp=5#C5 Only "the people" could vote (Article I, Section 2), for example. And back then, those were the rich white men only. Only they had the right to vote, to assemble, petition the government, keep and bear arms, and be free from ubreasonable searches. Now, who was in the militia back then? According to the Militia Act of 1792, only white adult male citizens. misterwhite posted on 2014-11-15 11:45:41 ET Purported facts: Only "the people" could vote those were the rich white men only. Only they had the right to ... keep and bear arms The militia was white male citizens, per the Militia Act of 1792 Did you see what was in the Militia Act of 1792 when you read it carefully? SECOND CONGRESS. Sess. I. Ch. 33. 1792. 1 Stat. 271 May 8, 1792. Chap. XXXIII.—An Act more effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States.(a) Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That and by whom each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the 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 [...] 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; [...] Hot damn. “The people” were rich, white men only and only these rich white men had the right to vote and to keep and bear arms. And every able-bodied white male between the ages of 18 and 44 was required, by Federal statute, to keep and bear arms. It logically follows that every able-bodied white male between the ages of 18 and 44 was rich and could vote. Who knew? It makes as much sense as your other brain farts. SECOND CONGRESS. Sess. I. Ch. 33. 1792. 1 Stat. 271 May 8, 1792. Chap. XXXIII.—An Act more effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States.(a) Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That and by whom each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the 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 times hereafter be the duty of every such cap­tain or commanding officer of a company to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to re­side within his bounds; and shall without delay notify such citizen of the said enrolment, by a 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 for arming the militia as herein required, shall be of bores sufficient for __________ (a) The acts for the establishment of an uniform system for the government of the militia, are: An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States, May 8, 1792, chap. 33; an act providing arms for the militia throughout the United States. July 6, 1798, chap. 65; an act in addition to an act entitled, “An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States,” March 2, 1803, chap. 15; an act more effectually to provide for the organizing of the militia of the District of Columbia, March 3, 1803, chap. 20; an act establishing rules and articles for the government of the armies of the United States, April 10, 1806, chap. 20; an act in addition to the act entitled, “An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and to repeal the act now in force for those purposes,” April 18. 1814, chap. 82; an act concerning field officers of the militia, April 20, 1816, chap. 64; an act to establish an uniform mode of discipline and field exercise for the militia of the United States, May 12, 1820, chap. 96; an act to reduce and fix the military peace establishment of the United States, March 2, 1821, chap. 12, sec. 14. 272 SECOND CONGRESS. Sess. I. Ch. 33. 1792. 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. Sec. 2. And be it further enacted, That the Vice President of the United States; the officers judicial and executive of the government of the United States; the members of both Houses of Congress, and their respective officers; all custom-house officers with their clerks; all post-officers, and stage drivers, who are employed in the care and conveyance of the mail of the post-office of the United States; all ferrymen employed at any ferry on the post road; all inspectors of exports; all pilots; all mariners actually employed in the sea service of any citizen or mer­chant within the United States; and all persons who now are or may here­after be exempted by the laws of the respective states, shall be, and are exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. Sec. 3. And be it further enacted, That within one year after the passing of this act, the militia of the respective states shall be arranged into divisions, brigades, regiments, battalions and companies, as the legislature of each state shall direct; and each division, brigade and regiment, shall be numbered at the formation thereof; and a record made of such numbers in the adjutant-general's office in the state; and when in the field, or in service in the state, each division, brigade and regi­ment shall respectively take rank according to their numbers, reckoning the first or lowest number highest in rank. That if the same be conve­nient, each brigade shall consist of four regiments; each regiment of two battalions; each battalion of five companies; each company of sixty-four privates. That the said militia shall be officered by the respective states, as follows: To each division, one major-general and two aids-de-camp, with the rank of major; to each brigade, one brigadier-general, with one brigade inspector, to serve also as brigade-major, with the rank of a major; to each regiment, one lieutenant-colonel comman­dant; and to each battalion one major; to each company one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant-major; one drum-major, and one fife-major. Sec. 4. And be it further enacted, That out of the militia enrolled, as herein directed, there shall be formed for each battalion at least one company of grenadiers, light infantry or riflemen; and that to each division there shall be at least one company of artillery, and one troop of horse: there shall be to each company of artillery, one captain, two lieu­tenants, four sergeants, four corporals, six gunners, six bombadiers, one drummer, and one fifer. The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge-box to contain twelve cartridges; and each private or matross shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be to each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish them­selves with good horses of at least fourteen hands and an half high, and to be armed with a sword and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mailpillion and valise, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch-box, to contain twelve cartridges for pistols. That each company of artillery; and troop of horse shall be formed of volunteers from the brigade, at the SECOND CONGRESS. Sess. I. Ch. 33. 1792. 273 discretion of the commander-in-chief of the state, not exceeding one company of each to a regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the colour and fashion to be determined by the brigadier commanding the brigade to which they belong. Sec. 5. And be it further enacted, That each battalion and regi­ment shall be provided with the state and regimental colours by the field officers, and each company with a drum and fife, or bugle-horn, by the commissioned officers of the company, in such manner as the legis­lature of the respective states shall direct. Sec. 6. And be it further enacted, That there shall be an adjutant-general appointed in each state, whose duty it shall be to distribute all or­ders from the commander-in-chief of the state to the several corps; to attend all public reviews when the commander-in-chief of the state shall review the militia, or any part thereof; to obey all orders from him relative to car­rying into execution and perfecting the system of military discipline esta­blished by this act; to furnish blank forms of different returns that maybe required, and to explain the principles on which they should be made; to re­ceive from the several officers of the different corps throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: all which the several officers of the divisions, bri­gades, regiments, and battalions, are hereby required to make in the usual manner, so that the said adjutant-general may be duly furnished therewith: from all which returns he shall make proper abstracts, and lay the same annually before the commander-in-chief of the state. Sec. 7. And be it further enacted, That the rules of discipline, ap­proved and established by Congress in their resolution of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be the rules of discipline to be observed by the militia throughout the Uni­ted States, except such deviations from the said rules as may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the commanding officer at every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained agreeably to the said rules of disci­pline. Sec. 8. And be it further enacted, That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be deter­mined by lot, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company, or detachment. Sec. 9. And be it further enacted, That if any person, whether offi­cer or soldier, belonging to the militia of any state, and called out into the service of the United States, be wounded or disabled while in ac­tual service, he shall be taken care of and provided for at the public expense. Sec. 10. And be it further enacted, That it shall be the duty of the brigade-inspector to attend the regimental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements; su­perintend their exercise and manoeuvres, and introduce the system of military discipline before described throughout the brigade, agreeable to law, and such orders as they shall from time to time receive from the commander-in-chief of the state; to make returns to the adjutant-gene­ral of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition of the several corps, and every other thing which, in his judgment, may relate to their government and the 274 SECOND CONGRESS. Sess. I. Ch 34. 1792. general advancement of good order and military discipline; and the adjutant-general shall make a return of aD the militia of the state to the commander-in-chief of the said state, and a duplicate of the same to the President of the United States. And whereas sundry corps of artillery, cavalry, and infantry now exist in several of the said states, which by the laws, customs, or usages thereof have not been incorporated with, or subject to the general regulations of the militia: Sec. 11. Be it further enacted, That such corps retain their accus­tomed privileges, subject, nevertheless, to all other duties required by this act, in like manner with the other militia. Approved, May 8, 1792. nolu chan  posted on  2014-12-05 19:55:01 ET  Reply   Untrace   Trace   Private Reply   End Trace Mode for Comment # 5. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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