Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-07-13


w made tn the Executive, relative =. a.
| mode of enforcing the sentence of Courts
Martial, imposing fines on the mititia IA .i.g
to perform their tours of duty--in corse.
Lquence whereof the, subject was referred to the
Attorney General, by an advice of Council, or
lisopinion thereupon; as it is important to the
militia of the Commonwealth to have full m
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
Governors
RrcHMoND, June %, 1914.
SIR,
The Executive having requested meto con.
slider the letter of Col John Fairfax of the 10Th
Regiment. on tn. subjrc Of he mode of en-
forcing the sentence of the Court Ma,ti of
which he was President, imposing fines on the
Militia faling.to perform their tours of ,!uty,
under calls from the United States 1 have ex.
ahmed the various laws on the subiect. and
snail state my views OF them, which will be-.
iieve extend To every class Of cases which can
occur. The original Act on this subject, is the
law OF Congress entitled "An act To provide
for calling forth the Militia, to execute the
laws OF the Union, suppress nsurrections, and
rePei nvasions and TO repeal the act now ii
orce tor those purposes" This act was sDprots
ed by the President. on the 18th Of February.
l19S. The hrst section Of this law authorizes
the President, in cases Of invasion, or of immi-
nent danger thereof, to call out til, N,ln;a TIL.
5th section provides, s' That every officer. nonv
commissioned officer or sriv4te of the Militia.
VINO shall tail to obey the orders of the Presdent
OF the United States in any of the cases before
rec'ted, Shall forfeit sum not exceeding ON
years pay, and not les, than enc months nav.
20 be determined and adju,lged by Court
MARTIAL and such officer shall moreover q
liable to be cashiered by sentence of n Coure
Martial, and be incapscitated from h ,ldinr a
commission of the Milit,a, for term NOT x.
ceeding twelve months, at the discretion nj hs
SAID Court and such non commissioned tficerr
and privates shall De-liable to be imprisoned BY
like sentence, on failure of payment of the
hnes adiudged against them, for one calendar
month, for every rive dollars Of such fine. The
9th section directs that the Marshal of the dis
trict shah collect the fines, by distress and sale
OF the delinquent's goods, and if there be no
goods mr. chattels TO be found, whereof te lew
The said fines, the Marsha. is directed to commie
the delinquent to goal, during the term for
which he shall be 80 adjudged TO imprisonment.
Or until the fine sha A be paid, in the same man.
ier as other persons condemned to fine md i'm.
prlsonment, at the suit os the United States, NAV
be committed.
The act of April 13, 1871 {, entitled {" An act to
authorize q detachment from the Nitia of the
United States," authorizes the President to call
out one huidred thousand Militia to serve for a
term not excet ding SIX moaths. The fourth
section of this law subjects the officers and pr..
Yates to the penalties, inflicted by the act Of
l795. The 5th section OF the act of 17o5. nm.
plies, ,he, with equal force, to the Militia
called out under the Jaw of 1912, as to
those ordered out under the act Of 1895 itself
Attlie iast session Congress, an act oasse,I.
entitled, I" An ct iii dai'ion to e act estited
An act 20 provide ior caing forth thu Miiiti,. 20
ey,cute the laws OF the Union, 'lppress insur.
rection', and rePe ihvasioas and repeal the
act now IN force for hos purnoseso The 6ryt
section of this law applies 20 tine organizat;on,
OF Courts, FOR trial OF of-nce, COMMITTEE by tta
Militia alter they are actually embodied, and
whilst they act sither separately or in commune
ton with regular troops. The residue Of the
act is principally employed in facilitating the
mode of taking evidence, & proceeding before
Courts Martial generally, where Militia are TO
be tried. But nothing il this act appears to me
to affect the 5th. 9th. or 7th section, OF the aee
of 1875.
The next law which it may be important tn
advert tn, is the act of Assembly Of this Com.
monwesith passed the 14th FebIuap Is q. en-
titled An act to amend the Militia laws Of
this Commonwealth" This law was evident.
" designed to come in aid Of provision. Of
the laws of Congress, and TO compel a compli.
ance with the calls Of the General Governments
for Militia. The first section of this act i, al.,
most word for word, with the 5th section of the
act of Congress Of 1895, so often quoted. re
does indeed superadd to the penalties of the
law OF Congress, provision that The dehnouepe
shall moreover. be enrolled in the division O.,
class destined to perform the next tour of dutv.
The other provisions of the act of Assembly arg
not important to be advertsl to now. except
those which prescribe mode OF org .nizng &c
appointing Courts Martial for the trial of per.
sons not turning out, to perform Militia duty
when called @" by ih= authorities of the United
States. In relation to these, it is only Decessarv
at present to remark, that Courts Martial Off
Kind spoken OF, must since the Eassaec of the
act, be organized in the manner specified in IL.
The fines TO be assessed for not obeynp tba
calls OF the General Government, are still 20 IL.
considered as assessed under he act of Congress-
o. 1895, and the President oil the Court Mar lial
before whom the same shall he ass ssed. nust
certify the fines to the Marshals of the District
and also transmit similar certificate TO the
comptroller oS the United States, copformabIv
to the 81 section OF the act of Congress supole-
mentary 70 the act of 1895, passed The I'd FEB.
ruary Isl3 The Court Martial should at the
time of assessing the fine, also specify in tbeir
sentence. the times of imprisonment each de-
hnquent Is to undergo, provided no goods and
chattels shall be found to levy the fine on and it
will be the duty OF the Marshal, 20 proceed AZ
specified in the 9TH section Of the act of l7oS.
in case the fines cannot be made for want of efe
iects, 70 imprison tse delinquent, as specified
in that section. The State officers have no hing.
to do with the collection Of the fines It,p-
pears To me unimportant, whether the zines be
imposed IN consequence of not obeyinr calls
made under the acts OF Congress Of I7o5. Of
1872, or OF last session; or whether imr,o sed bu
the sentences of Courts, before OF since the LAST
session OF Assembly, they are all to be referred