Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-07-16
NOTICE.

NM h6nbho variOus appucettons nave been
w made to the Executive, relative TO the
mode OF enforcing the sentence of Courts
Martial, imposing fines on the militia falling
to perform their tours Of du,y---in conse
quence whereof the subject was referred TO the
Attorney General, by an advice OF Council, for
his opinion thereupon; as it is important to the
militia OF the Commonwealth to have full ir-
formation on the subject, the Executive have
thought It proper tn have the ATTORNEY Gene.
rsl's opinion published a, large, as expressed in
the following letter which he addressed 10 the
Governor
RIcHMosD jane %, 1914. 3
The Executive having requested me to con.
sidcr the letter of Col. John Fsirfsx Of the 10Th
Regiment. ON the sutjec, or the mode of en-
forcing the sentence of the Co,irt Martial, OF
winch he was President, imposing: fines on the
Militia failing to perform their tours of duty.
under calls from the United States !. i have ex.
smined the various laws on the subject. and
shall state my views ofti,em, which will be-
hevc extend 70 every class OF. cases which can
oceur. Ihe original Act on this subject, is the
Law. !. o. congress entitled An act 10 provide
Tor calling forth the Militia, to execute the
laws OF the Union, suppress instructions and
rePel invasions and TO repeal tile act now In
force for those purposes" This act was approv.
ed by the President, on the 18th of February
l195. The first section of this law author ze |,
the President, in cases Of invasion, or of immi-
nent danger thereof, to call out the Militia. THE
9Th section provides, (" That every officer. nom
commissioned officer or private of the Militia.
VINO Shall TAIL to obey the orders Of the President
OF the United States in any ofthe cases before
recited. shall forfeit sum not exceeding one
years pay, and not less than enc months nav.
to be determined and adjudged by CONT
Martial and such officer shall moreover he
liable to be cashiered by sentence of a Court
Martial, and be incapacitated from holding
commission Of the Militia, for a term not ex-
ceeding twelve months, at the discretion of the
said Court and such non commissioned officers
ana privates shall De liable TO be imprisoned by
IKE sentence on failure of payment of the
hnes adludged against them, for one calendar
month, tor every five dollars Of such fine. The
oth section directs that the Marshal of the dis
trlct Shall collect the fines, by distress and sale
oil the delinquent's goods; and if there be no
goods Or chattels to be found, whereof to lew
the said fines, the Marsha! is directed to commit
the delinquent to goal, during the term for
which ne shall be so adjudged 10 imprisonment.
or until the tiEe shall be paid, in the same man.
ner as other persons condemned to fine and i'm.
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 cal,
out one hundred thousand Militia to serve for a
term not exceeding six moRths The fourth
section of this law subjects the officers and pri-
Yates to the penalties, inflicted by the act of
1875. The 9Th section OF the act of 1875, 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 itseIf.
AT the last session of Congress, an act passed,
entitled, An act in addition to the act entitled
An act to provide for calling forth the Militia To
execute the laws of the Union, suppress insur.
rections, and rcpei invasioas /; and TO repeal the
act now in force for those purposes The first
section OF this law applies to the organization
of Courts, for trial ofoffences committed by the
Mliita alter they are actually embodied, ana
whilst they act either separately or in conjunc.
t.oa with regular troops. The residue OF the
act is principally employed in facilitating the
mode OF taking evidence, 4 proceeding before
Courts Martial generally, where Militia are to
be tried. But nothing in this act appears to me
to affect the 5th, 9th, or 9Th sections oil the act
of l7oS
The next law which it may be important to
advert u, is the act of Assembly OF 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 ofthe provisions OF
The laws Of Congress, and to compel compile
ance with the calls of the General Government,
tor Militia The first section of this act is al
most word for word, with the 5th section of the
act OF Congress of 1875, so often quoted. IL
doH indeed superadd to the penalties of the
law of Congress, provision that the delinquent
shall moreover. be enrolled ia the division or
class destined to perform the next tour of duty
The other provisions Of the act of Assembly are
not important to be advsrted to now, except
those which DresSrIbe mode of oro,ni <,ner 4.
appointing Courts Martial for the trial OF per-
sons not turning out. to perform Militia duty,
when called on by the authorities of the United
States In relation to these, it is only necessary
At present to remark, that Courts Martial of tn,
kind spoken OF, must since the passage of the
act, be organized in the manner specified in IL
The ines to be assessed for not obeying the
calls Of the General Government, are still to be
considered assessed under the act OF Congress
OF 1875, and the President OF the Court Martial
before whom the same shall be assessed, must
certify the fines to the Marslais of the District.
and also transmit q similar certificate TO the
of the United States, copformably
TO the I'd section of the act of Congress supple
to the act of 1895, passed the I'd Feb
ruary 1913. The Court Martial should at the
time of assessing the fine, also specify in their
sentence, the times of imprisonment each de-
linquent is to undergo. provided no goods and
chattels shall be ound to levy the fine on, and il
wall be the duty OF the Marshal, TO proceed as
specified in the 9TH section of the act of 1895,
in case the fines cannot be made for want of efr
iects, to imprison the delinquent, as specified
IN that section. The State officers have nothing
to do withthe collection of the fines. 1t ap-
pears to me unimportsnt, whether the fines be
imposed in consequence Of not obeying calls
made under the acts Of Congress Of 1875, of
mr. oT loci