24. The militia of the United States consists of every free able-bodied white male citizen of the respective states, resident therein, between 18 and 45 years of age, excepting the vicepresident of the United States; the judicial and executive officers of the general government; the members of both houses of congress, and their respective officers; the custom-house officers and their clerks; post-officers, and stage-drivers who are employed in the care and conveyance of the United States mail; the ferry-men employed at all ferries on a post-road; inspectors of exports; pilots; mariners in the employ of any citizen or merchant within the United States; and all person exempted by the laws of the state in which they live.

The power of appointing the officers and of training the militia is vested in the respective states, but congress is empowered to provide for calling them out for the purposes of executing the laws of the union, suppressing insurrections, and repelling invasions. Congress is also empowered to provide for organizing, disciplining, and arming the militia, and for governing such part of them as are employed in the service of the United States.

The aggregate number of militia in the United States, according to the statement laid by the executive before congress, on February 13, 1813, was 719,449. In this statement, however, the militia of Louisiana, and of the Missouri and Illinois territories; were not included, no returns having been received from those districts. The following is the number in each state; the figures preceding the names of the states point out the date of the return.

1812 New Hampshire

24,405

The armament of the militia is progressing very rapidly, but no complete returns have been received of the ordnance, arms, and ammunition of the respective states. On the 23d of April, 1808, congress made an appropriation of $ 200,000 per annum, for the purpose of providing arms and military equipments for the whole body of the militia of the United States, to be distributed among the several states and territories, in proportion to the effective number in each. The number of arms purchased under this appropriation, up to the 8th of July, 1813, was 34,477, of which 26,000 stands had been distributed.

The militia are arranged into divisions, brigades, regiments, battalions, and companies, according to the regulations of the respective states, but they are uniformly officered agreeably to the laws of the union. They are subject to the same rules as to rank and discipline as the regular troops, and, when employed in the service of the United States, they are subject to the same rules and articles of war, excepting that they are not subject to corporal punishment by whipping, in lieu of which is substituted, stoppage of pay, confinement, and deprivation of part of the rations. When in the service of the United States, they are entitled to the same pay, rations, and emoluments as the regulars; the general officers are apportioned among the states as the president may think proper.

To each battalion of militia, there must be at least one company of grenadiers, light infantry, or riflemen, and to each division, at least one company of artillery and one troop of horse, the artillery and horse to be formed of volunteers, uniformly clothed in regimentals.

All militia detachments in the service of the United States, must be made under the requisition of some officer of the United States on the executive authority of the state, or of the territory, from which the detachments are to be drawn. In these requisitions, privates, non-commissioned and commissioned officers, must be in the same proportions to each other, as obtain in the regular army, the looser method of requiring.

regiments or brigades, being discontinued. So soon as one hundred privates, eleven non-commissioned and five commissioned officers, have been organised as a company under any requisition, they are mustered and inspected by an inspector general or his assistant, or some other officer of the army of the United States, thereto specially appointed; upon whose rolls and reports they are entitled to pay, &c.

25. A short time previous to the declaration of war, the president was authorised to accept of any companies of volunteers, either of artillery, cavalry, or infantry, who might associate and offer themselves for the service, not exceeding 50,000 men. These volunteers were to be clothed, and, in the case of cavalry, furnished with horses, at their own expence, and armed and equipped at the expence of the United States after they should be called into service. The commissioned officers were to be appointed in the manner prescribed by law in the state or territory to which they might belong. Where any company, regiment, brigade, &c. was already organized, they were to continue to be commanded by the officers holding commissions at the time of the tender, and vacancies were to be filled agreeably to the law of the state to which they should belong.

The terms on which these volunteers were to be accepted were, that they should be liable to be called on to do military duty at any time the president should judge proper, within two years after he notified his acceptance; and that they should be bound to continue in service for twelve months after their arrival at the place of rendezvous, unless sooner discharged; and whilst in service, they were to be under the same rules and regulations, and be entitled to the same pay, rations, forage, and emoluments of every kind, bounty and clothing excepted, as the regulars. The non-commissioned officers and privates, however, were each to be allowed the cost of the clothing of a regular of the same rank.

Compensation was to be made for damage done to horses while in actual service; the wounded were to be placed on the list of invalid pensioners; and the heirs and representatives of the non-commissioned officers and soldiers who might be killed in action, or die in actual service, were to be entitled to receive 160 acres of land. On the discharge of any non-commissioned officer or soldier, who had been at least a month in actual service, and obtained a certificate that he had faithfully performed his duty, from his commanding officer, he was to be presented with a musket, bayonet, and other personal equipments, if attached to the artillery or infantry; if to the cavalry, with the sabre and pistols furnished him by the United States, as a pub

VOL. III.

D

lic testimonial of the promptitude and zeal with which he had volunteered in support of the rights and honour of the

country.

On the 24th of Febuary, 1814, the president was authorized to receive into service such proportion of the volunteers before authorized as he might think necessary, provided they should engage to serve for five years or during the war, unless sooner discharged, in which case they were to be entitled to the same bounty and emoluments of every kind as the regular troops. The bounty alluded to is $ 124 in money, and 160 acres of land.

26. Every officer and soldier, whether in the regular service, militia, or a volunteer corps, who is disabled in the actual service of the United States, in the line of his duty, is entitled to be placed on the pension list, during life, or the continuance of his disability. The pensions are regulated by the degree of disability, the amount to be fixed by congress. A full pension to a commissioned officer is half of the pay to which he was entitled at the time of incurring the disability, not exceeding, however, the half pay of a lieutenant-colonel; a full pension to non-commissioned officers and soldiers is $5 a month. sale, transfer, or mortgage of any part of a pension is valid before it becomes due, and every person claiming it under power of attorney or substitution, must, before he receives it, make oath that such power or substitution is not given by reason of any transfer of the pension.

No

The act of April 10, 1806, entitled all revolutionary soldiers, who were not on the pension list of any state, to be placed on the pension list of the United States, a privilege which was extended, on the 25th of April, 1808, to all persons who then remained on the pension list of any of the states.

The military pensions for the year ending September 30, 1813, amounted to $ 87,103 83; for 1814 they were estimated at $ 98,000.

CHAPTER VI.

OF THE FEDERAL CONSTITUTION.

(In Continuation.)

§ 1. The navy. § 2. Pay and subsistence. 3. Distribution of prize money and bounties. § 4. Navy pension fund. § 5. Regulations of privateers and letters of marque. 6. Privateer fund. § 7. Privateer journals. §8. Punishment of offences committed by or in privateers. § 9. The marine hospital fund. § 10. Fund for the relief of destitute seamen in foreign countries. § 11. Regulation and protection of seamen in the merchant service. § 12. Consuls and ministers.

1. By the estimate of appropriations for the year 1814, which was laid by the secretary of the treasury before the house of representatives, it appears, that the vessels in actual service in the United States navy, on the 31st of January, 1814, exclusive of those on the lakes, were seven frigates, two corvettes, seven sloops of war, two block ships, four brigs, and three schooners. Three frigates and three 74 gun ships were then on the stocks. Besides these there are a great many gunboats and barges in service, which are calculated for the defence of bays, ports, and harbours. By the same document, the number of officers and men necesary for manning the whole navy, including the vessels on the lakes, is estimated at 22 captains, 18 masters commandant, 107 lieutenants, 43 surgeons, 10 chaplains, 230 sailing masters, 46 pursers, 450 midshipmen, 57 surgeons' mates, 221 boatswains, 219 gunners, 39 carpenters, 39 sailmakers, 7 coast pilots, 39 captain's clerks, 74 boatswain's mates, 35 gunner's mates, 46 carpenter's mates, 11 sailmaker's mates, 243 master's mates, 84 yeomen, 210 quarter-gunners, 160 quarter-masters, 39 masters at arms, 39 armourers, 221 stewards, 221 cooks, 11 coopers, 34 coxswains, 14 ship's corporals, 3,729 able seamen, and 6721 ordinary seamen and boys, making an aggregate of 13,339 souls. The number authorized by law of the marine corps is one lieutenantcolonel commandant, one major, 6 captains, 20 first lieutenants, 18 second lieutenants, 56 sergeants, 233 corporals, 50 musicians, and 1484 privates, making an aggregate of 1869 men, of whom 842 were for the sea service, 278 on the lakes, and 742 at head quarters, stations on shore, navy yards, &c. The sea-fenci

• By an act passed April 16, 1814, an augmentation of the marine corps was authorized, to the number of 846 men.