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Subject: Militia Regulations

An Act establishing and regulating the militia, in Salmon Portland Chase, The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress; Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes and Copious Indexes. Vol. 1. Cincinnati, 1833. Available at The Making of Modern Law: Primary Sources.

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"Be it enacted . . . [t]hat each and every free, able bodied, white male citizen of the territory, who is or shall be the age of eighteen years, and under the age of forty five-years, except as is herein after excepted, shall . . . be enrolled in the m...

“Be it enacted . . . [t]hat each and every free, able bodied, white male citizen of the territory, who is or shall be the age of eighteen years, and under the age of forty five-years, except as is herein after excepted, shall . . . be enrolled in the militia . . . and every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket, a sufficient bayonet and belt, or a fusee, two spare flints, a knapsack and a pouch, with a box therein, to contain not less than twenty-four cartridges, suited to the bore of his musket or susee, each cartridge to contain a proper quantity of powder and ball, or a good rifle, knapsack, pouch and powder horm, with twenty balls suited to the bore of his rifle, and a quarter of a pound of powder, and every enrolled person shall appear armed, accoutred (sic) and provided when called out to muster (sic), or in service, except when called out on company days, to exercise only, he may appear without a knapsack.”

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An Act . . . To prevent the selling or pawning of arms, ammunition, cloathing, and accoutrements, Chapter XII, Sec. 2, in Laws Passed in the Territory of the United States North-West of the River Ohio from the Commencement of the Government to the 31 of December, 1791 (printed by Francis Childs and John Swaine).

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"And be it further enacted, That if any person shall pre-sume to bargain for, purchase, or receive in pledge, or as a gift, or cause or procure to be bargained for, purchased, or received in pledge or as a gift, on any pretence whatever, all or any par...

“And be it further enacted, That if any person shall pre-sume to bargain for, purchase, or receive in pledge, or as a gift, or cause or procure to be bargained for, purchased, or received in pledge or as a gift, on any pretence whatever, all or any part of the public arms, ammunition, clothing or accoutrements pertaining to any non-commissioned officer or private soldier in the service aforesaid (knowing him to be such) he or she so offending, shall on conviction, forfeit and pay for the first offence treble the value of the articles so purchased or recieved, the same to be recovered with costs, by action of debt or information, in any court of record, one half to the informer, and the other half to the United States, or the whole to the United States, where prosecution shall be first instituted on the public behalf alone; and for every repitition of the like offence by the same person, he or she so offending again, shall forfeit and pay in like manner treble the value of the articles purchased or received as aforesaid, together with costs, and shall moreover suffer imprisonment for a term not exceeding one month.”

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A Law for regulating and establishing the Militia in the Territory of the United States north-west of the river Ohio, Chapter I(B)(4), in Laws Passed in the Territory of the United States North-West of the River Ohio from the Commencement of the Government to the 31 of December, 1791 (printed by Francis Childs and John Swaine).

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"[A]ll male inhabitants of the age of sixteen and upwards, shall be armed, equipped and accoutred in the following manner: With a musket and bayonet, or rifle, cartridge box and pouch, or powder horn and bullet pouch, with forty rounds of cartridges, o...

“[A]ll male inhabitants of the age of sixteen and upwards, shall be armed, equipped and accoutred in the following manner: With a musket and bayonet, or rifle, cartridge box and pouch, or powder horn and bullet pouch, with forty rounds of cartridges, or one pound of powder and four pounds of lead, priming wire and brush and six flints.”

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AN ACT relating to the arsenals and military stores of Montana Territory, Ch. LXII, in Laws, Memorials, and Resolutions of the Territory of Montana, passed at the Seventh Session of the Legislative Assembly, begun at Virginia City, Monday, December 4, 1871, and Concluded January 12, 1872, at 563.

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Sec 1. It shall be the duty of any keeper of the arsenal, military stores, ammunition, arms and ordnance belonging to this territory . . . to report to the governor in writing the amount of such military stores and ammunition, and a list and descriptio...

Sec 1. It shall be the duty of any keeper of the arsenal, military stores, ammunition, arms and ordnance belonging to this territory . . . to report to the governor in writing the amount of such military stores and ammunition, and a list and description of such arms and ordinance in his possession and within his knowledge . . . . Sec. 4. The governor is hereby authorized to collect at the capital all the arms and ammunition, ordnance, military stores and equipments, and place them in a suitable building in charge of a keeper, at a salary not to exceed two hundred dollars per annum. Sec. 5. It shall be the duty of the governor to require of any person to whom such arms, ammunition, ordnance, military stores or equipments may be delivered, to execute a bond to the territory in the sum not to exceed the value thereof with such suretiies as may be approved by him, conditioned for the safe keeping of the same, and the return thereof on the demand of the governor, unless the same shall have been delivered to the county commissioners of any such county when the same shall be charged to such county at the value thereof to be returned when called for by the governor.

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Militia, in Henry S. Geyer, Digest of the Laws of Missouri Territory, at 281 (1818).

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Each militia man shall provide himself, with-in one month from the date of his enrollment with a good musket, a sufficient bayonet and belt, or a fusil, two spare flints, a knapsack and pouch with a box there-in to contain twentyfour cartridges suited ...

Each militia man shall provide himself, with-in one month from the date of his enrollment with a good musket, a sufficient bayonet and belt, or a fusil, two spare flints, a knapsack and pouch with a box there-in to contain twentyfour cartridges suited to the bore of his musket or fusil, each cartridge to contain a pro-per quantity of powder and ball: or a good rifle, knap-sack, pouch and powder horn with twenty balls suited to the bore of his rifle, and a quarter of a pound of powe-der. Every enrolled person shall appear so armed, ac-toutred and provided when called out to muster or into service; except that it shall not be necessary to appear on the parade with knapsacks when called out for ex-ercise only. The commissioned officers of infantry when on duty for parade, exercise, inspection or service shall wear the uniform of the United States, and be severally armed with a sword or hanger; and the pla-toon officers. in addition to the sword or hanger, shall also be provided with an espontoon. And every officer ‘whose duty requires him to be mounted shall be armed with a sword or hanger and a pair of pistols. Every person so providing himself with arms, ammunition and accoutrements required as aforesaid shall hold the same exempt of suits, distresses, executions or sales for debt or damages or for the payment of taxes.

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AN ACT to organize, discipline, and govern the militia of this territory, Ch. 96, Sec. 11, in Revised Statutes of the Territory of Iowa (Reprint 1911).

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SEC. 11. That it shall be the duty of every non-commissioned officer and pri-vate, who owns a rifle, musket, or firelock, to appear with it in good order at every parade.

1878 Iowa Acts 108, Military Code of Iowa, chap. 125, § 1.

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That all able-bodied male citizens of the state, between the ages of eighteen and forty-five years, who are not exempted from military duty according to the laws of the United States shall constitute the military force of this state.

1877 Mo. Laws 306, An Act To Provide for the Organization and Government of the Militia of the State of Missouri, Repealing All Other Acts and Parts of Acts Inconsistent with This Act, art. IV, § 3.

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A soldier who, unnecessarily or without orders from a superior officer, comes to any parade with his firearms loaded with ball, slug or shot, or shall so load the same while on duty, or unnecessarily or without orders from a superior officer, discharge...

A soldier who, unnecessarily or without orders from a superior officer, comes to any parade with his firearms loaded with ball, slug or shot, or shall so load the same while on duty, or unnecessarily or without orders from a superior officer, discharge the same, when going to or returning from or upon parade, shall forfeit not less than one nor more than five dollars.

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1861 N.C. Sess. Laws 25, Pub. and Priv. Laws, 2d. Extra Sess., Militia Bill, ch. 17, § 10.

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Every resident enrolled and notified, as is directed in the third section of this act, shall within one month thereafter, provide himself with a good musket, smooth bore gun or rifle, shot pouch and powder horn, and shall appear so armed and accoutred ...

Every resident enrolled and notified, as is directed in the third section of this act, shall within one month thereafter, provide himself with a good musket, smooth bore gun or rifle, shot pouch and powder horn, and shall appear so armed and accoutred when called out to exercise or in actual service; the commissioned officers shall severally be armed with a sword or revolver at his discretion; and every resident so enrolled and providing himself with arms and accoutrements as herein directed, shall hold the same exempt form all writs, executions, or sales for debt or for the payment of taxes[.]

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The Public Statutes of the State of Minnesota 798 (1859) , Chap. 120 § 1, 8.

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Be it enacted by the legislature of the state of Minnesota: That all able-bodied, white male citizens resident of this state, being eighteen years of age, and under the age of forty-five years, excepting persons exempt by law, shall be enrolled in the ...

Be it enacted by the legislature of the state of Minnesota: That all able-bodied, white male citizens resident of this state, being eighteen years of age, and under the age of forty-five years, excepting persons exempt by law, shall be enrolled in the militia, and perform military duty in such manner—not incompatible with the constitution and laws of the United States—as hereinafter prescribed. § 8. That it shall be the duty of the township assessors of the several townships, and the assessors of the several wards of the several cities, to prepare a list of all persons liable to be enrolled as aforesaid, in their respective wards, townships or districts, save and except members of uniform volunteer companies. Township, ward or district assessors aforesaid, shall annually, at the time of assessing taxable property, make out a roll or list of all names of persons enrolled as aforesaid, and place it in the auditor’s office of the proper county; and it shall be the duty of such auditor annually on or before the first day of November, to return an accurate copy of such records of enrollment to the adjutant-general of the state.

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