Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-08-03
NOTICE.

Martial, imposing fines on the militia fs;lipr
TO n form their tours of duty----in conse
qusnce whereof the subj CT was referred To the
attorney General, by an advice o. Council, TO,
ms opinion thereupon; it is inpoi tant to the
militia OF the Commonwealth TO have full in s
iorpation on the subject, the Executive have
shought 1t proper to have the ATTORNEY Gene
rais opinion published at large, 4s ,x,,ressed ~
inc following letter which he addressed to lie
Governor
RIcnMoS d. June %. 1914.
The Executive hayinS requested me to con
sider The letter of CO.. JOAN Fairfax of the 10Th
Hegiriens. on tn subj ct of the node of en-
,orcing tbs sentence Of the Court Martial, OF
which he syas President, imposing 6nes on The
Militia iaiiuss to perform their tours of ,l,ity,
undercai's tron tie United States (; have cx !
ahmed tbs, var ons lsws on the snbi~cl, and
shall state my views olthem, which w,i de-
iieye extend to every class of cases WITCH cal,
occur. he original Act on this subject, is the
law OF Congress entitled An act 10 provide.
" Tor calling forth The Militia, To execute l,..
laws OF the Union, suppress ms directions, and
rePei invasions and to repeal the act now in
force Tor those purposes" ihsact &elsA. ptove
ed by the President, on the 28tr of February.
1873. The first section of this law .uti,orizes
the President, in cases of nyasion, or 81 imm;-,
nent nser thereof, tocaii the Militia. The
3th section provides, :" That every officer non.
commissioned officer or rrivytc of The Militia.
who shall fail to ooey the orders of the
OF the United States in any os the cases before
recited' shall forfeit sum not exceeding ono
year, pay, and not less tuan enc nonth's nav
to be determined and adjudged BY a Court
Martial and such officer shall moreover be
liable to be casiicrcd by sentence Of f.oi,r,
Nartiai, and be incapaoitated from holding n
commission OF the Militia, for a term not ex-
ceednns Twelve months, at the discretion of the
ssiu Court and such non commissioned officers
ana privates shall De liable TO be imprisoned by
IKE sentence, on failure of payment of the
mes sdludged against them, Tor one calendar
month, tor every five dollars Of such finc The
oth sect.n directs that The Marshal cf the dis.
trict shall collect the fines, by distress and sale
OF the deunquents goods; AMI If there be no
goods sr chattels TO be found, whereof to levy
we saia iines, the Marshal is directed to comm,
the detinquen, to goal, during the term for
which he shall be so adjudged 10 imprisonment,
Or until the fine shat be paid, in the same man.
ner as other persons condemned to fine and inn.
prisonmsn at the suit of the United States. may
be committed. M
The act OF April 10, 1912, entitled &c An act TO
authorize detachment from the Militia CT The 1
onred States authorizes the President 70 call
out one hundred thousand Militia to serve for !,
t;rm not exceeding SIX months. The fourth
section OF this law subjects the officers and priA
Yates to the penalties, inflicted BY the &C, O,
iI95. The 5th section OF the act of 1895. ap.
phes, then, with eqaal force, to the Militia
caiied ont under the law of 1912, as to
those ordered out under the act Of 1895 itscle
AZ the last session OF Congress, an act passed.
entitled, I" An act in addition to tie act entitled
An act to provide for calling forth the Militia. to
execute the laws of Union, suppress insur
REGIONS. ald rcpei inyasions and 10 repeal tho
act now IN force for those purposes.'' lie frs
section OF this law applies TO the organization
OF Courts, for trial ofoifcnces committed by ,h,
Militia after they are actuallv erniosl;ed. and
whilst they acteitber separately o. IN coni.,no.
ton with regular tF,ops. The residue OF the
act is principally employed in .4cilitating tbe
mode ol taxing evidence, * proceeding bel,re
Courts Martial generally, where Militia are to
1e tried But nothing Ia this ACT appears to M.
TO affect the 5th, 9TH or 7th sections oil the ACT
of 1875
The next law which it may be important to
advert to, is the act of Assembly of this Com
monwealth passed the 18th Febi uary 1914. en-
titled IS An act to amend the Militia laws of
this Commemorative This law was evident.
Y designed to come in aid oil the provisions OF
he laws of Congress, and to co upet compii-
snce with the calls OF the General Government
or Militia. The first section of this act is AL
most word for word, with the 5tli section or the
act Of Cosgrsss OF 1895, so often quoted. IL
joes indeed sapera,il 10 the penaities of the
Jaw OF congress, provision thai The de inouent
shalt moreover. be enrolled in the division or
class destined TO perform the nexttour OF tutv
The other prov sions of the act of Assembly are
not important 10 ~ adycrted 10 now. ex sept
those which prescribe a mode OF organizing a
sppointing Courts Martial for the trial of p,r-
sons not turning out, IN perform Militia duty.
when called on by the au hori,es OF tile United
States III relation to these, it is on. Y necessary
at present to remark, that Courts Martial of tht.
KIND spoken OF, must since the passage Of the
act, be organized in the manner SPECIFIED in IL
The hines TO he assessed for not ooey,nr the
c lis ot the General Government, are still 10 be
nsidered as assessed under the act OF Congress
OF 1875, and the President OF the Court Martial
before whom the SINE snail be assessed, must
certify the Zines to the Marshas of the District.
and also transmit similar certificate to tho
comptroller OF the United States, coaformably
to the I'd section of the act Ct Congress supple
IN ntary to the act of 1795, passed the I'd FEB
ruary 1918 The Court Martial should at the
ime OF assessing the fine. also specify in tile ir
sentence, the times Of Imprisonment each de-
hnqn'n IS 70 undergo, provided M goods and
chs'teis shall be ouni TO levy the fine on, and ii
WIZ be the duty OF the Marshal, 10 proceed az
specified in the 9TH section Of the &C, Of I7os.
IN c@se tue fines cannot be made for want Of etc
tects, 20 impsison the delinquent, as spscif;e1
in tnatsection The State officers have no, h,nc
TO do with the collection of the fines II an
pears to me unimportant, whether the f;oes he
imposed in consequence OF not obev;ner c.i,e
made under the acts of Congress Of 17Jj. 81
1872, or OF last session; or whether int,t seI by
the sentences OF ourts, before or since the las,
session OF Assembly, they are ali TO be reIerre.l
tao to the act o. Congress of 1895, and tn b,
considered as emanatinp from. 4 q a,,l.o..... O.