Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-07-20
NOTICE.

:
Attorney General, by an advice Of Council, for
hisopinion thereupon; az it is important 10 the
militia of the Commonwealth to have full IN
formation on the subject, the Executive have
thought it proper to have the Attorney Gene.
rails opinion published at large, as expressed in
the following letter which he addressed to the
Governor
RIoHMoND, June 30, 1914.
The Executive having requested me to con.
slider the letter OF Col. John Fairfax of the 10Th
Regiment. on the subject of the mode of en-
forcing the sentence of the Court Martial. et
which he was President, imposing fines On ti,a
Militia failing to perform their tours of duty,
undercalls from the United States. I have ex.
ahmed the various laws on the subject, and
snail state my views of them, which Wilt be-
iieve extend to every class of cases which Gan
occur The original Act on this subject, is the
law OF Congress entitled I" An act to proyide
" tor calling forth the Militia, to execute the
|" laws OF the Union, suppress instructions. and
repet invasions; and to repeal the act now in
force for those purposes" This act was approy.
Ell oy the President. on the 18th of February,
lIS5. The first section Of this law authorizes
the President, in Of invasion, or Of i.nrni-
nent danger thereof, to call out the Militia. The
ofh section provides, " That every officer. nom
commissioned officer or private of the Militia.
VINO shall fail toobey the orders Of the President
OF the United States in any of the cases before
recited, shall forfeit sum not exceeding one
years pay, and not less than enc month"; nav.
to be determined and adiudged by a Court
Martial and such officer shall moreoyer be
liable to be cashiered by sentence of a Court
martial, and be incapacitated from holding
commission OF the Militia, for term not ex
ceeding twelve months, at the discretion of the
SAID Court; and such non commissioned of4icera
and privates shall DE liable TO be imprisoned by
IKE sentence, on failure of payment of the
nnes adludged against them, for one calendar
month, tor every Ave dollars of such fine. The
9th section directs that the Marshal of the di
trict shall collect the lines, by distress and sal
Of the deiinquents goods; and if there be no
goods M chattels to be found, whereof to lew
the sad fines, the Marsha, is directed to commit
The delinquent TO goal, during the term for
or until the fine Shall be paid, in the same man.
ner as other persons condemned to fine and inn.
prisonment, at the suit of the United States. NAV
be committed.
The act of April 10, 1912, entitled An act to
authorize detachment from the Militia of the
united States, authorizes the President to cali
out one hundred thousand Militia to serve for
term not exceeding SIX moaths. The fourth
section of thisl law subjects the officers and pri
Yates to the penalties, inflicted by the act OF
lI95- The 5th section OF the act of 1895, ap,
plies, then, with equal force, to the Militia
called out under the law Of 1912 as To
those ordered out under the act of 1895 itself
at the last session o. Congress, an act passed.
entitled, An act in addition to the act eAtitied
An act to provide for calling forth the Militia, TO
execute the laws OF the Union, suppress insur
rectIons, and rcpei nvasioas and 70 repeai tic
| act now in force for those purposes" The frst
section OF this law applies TO the organization
OF Courts, for trial ofoHences committed by the
Militia after they re actually embodied. and
whilst they act either separately or in coniunc-
ton with nc suiar troops The residue of the
act is principally employed in facilitating the
mode OF taking evidence, & proceeding before
Courts Martid generally, where Militia are TO
be tried. But nothing in this act appears to me
to affect the 5th, 9th, 9TH sections OF the act
Of 17o5.
The next law which it may be important TO
advert to, is the act of Assembly this Com
monwealth passed the 18th February 1914. en-
titled An act to amend the Militia laws OF
this Commonwealth This law was evident
" designed to come in aid of the provisions of
the laws Of Congress, and to compel compli-
ance with the calls of the General Government
for Militia. The first section of this act il al,
mostword for word, with the 5th section of the
act of Congress of i795, so often quoted. II
does indeed superadd to the penalties of the
law OF Congress, a provision that the delinquent
shall moreover, De enrolled in the division or
class destined to perform the nexttour of duty.
The other provisions of the act of Assembly are
not important to be adverted to now. except
those which prescribe mode OF organizing &
appointing Courts Martial for the trial of per-
sous not turning out, to perform Militia duty.
when called Oh by the authorities of the United
States. In relation TO these, it is only necessary
at present TO remark, that Courts Martial OF The
kind spoken Ut, must since the passage of the
act, be organized in the manner specified in it.
The fines to be assessed for MOI obeyine the
calls of the General Government, are stifi to he
considered as assessed under the act Of Congress
of 1895, and the President Of the Court Martial
before whom the same shall be assessed. must
certify the fines to the Marshais of the Distr;ct
and also transmit similar certificate 10 the
comptroller of the United States, coufornnilv
to the Cd section of the act Of Congress suppIe
mentary to the act Of 1895, passed the I'd Feb.
ruary 1913. The Court Martial should al the
time of assessing the fine, also specify in their
sentence, the times of imprisonment each de-
iinquent is to undergo, provided no goods and
chattels shall be founl to levy the fine on, and il
will be the duty OF the Marshal, to proceed as
specified in the 9TH section of the act of 1905
in case the fines cannot be made, for want of Ell
tects, to imprison the delinquent, as specified
IN that section. The State officers have no.hipe
to do with the collection Of the fines II an,
pears TO me unimportsnt, whether the fines be
imposed IN consequence OF not obcying calls
made under the acts Of Congress of 17o5 If
1912, or Of last session; or whether imrosed nv
the sentences Of Courts, before or since the last
session of Assembly, they are all to be referred
back TO the act OF Congress of 1895, and to he
considered as emansting from It's authority. -
to be collected as therein is specified, that
ov the Marshal nv dietrees and sale oil.