# United States Statutes at Large/Volume 2/10th Congress/1st Session/Chapter 39

Chap. XXXIX.—An Act authorizing a detachment from the Militia of the United States.
President authorized to call upon the state executives to 1812, ch. 55. organize and equip their quotas of militia. Apportionment, how made.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 times as he shall deem necessary, to require of the executives of the several states and ​territories, 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, from the latest militia returns in the department of war, and in cases where such returns have not been made, by such other data as he shall judge equitable.
Executives of states may accept corps of volunteers.Sec. 2. And be it further enacted, That the executives of the several states and territories may 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.
Detachment of militia,—how to be officered. General officers to be apportioned by the President.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 discretion of the constitutional authority in the respective states and territories, the President apportioning the general officers among the respective states and territories, as he may deem proper.
Term of service of the detachment; allowance of pay, rations, &c.Sec. 4. And be it further enacted, That the said detachments 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, as are established by law for the army of the United States.
President may call the whole or part of detachment into service.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 said detachment, when he shall judge that the exigencies of the United States require it; and, if a part only of said detachment shall be called into actual service, they shall be taken from such part thereof, as the President of the United States shall deem proper.
Appropriation.Sec. 6. And be it further enacted, That a sum not exceeding one million of dollars be, and the same is hereby appropriated, out of any monies in the treasury, not otherwise appropriated, for the pay, subsistence, and support of such part of said detachment as may be called into actual service.
Limitation of this act.Sec. 7. 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, March 30, 1808.