Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-07-27
Notice.
TWHfREAs various applications AVE been

NOTICE..
WHEREAs various applications %ave been
wv made to the Executive, relative to the
mode Of enforcing the sentence Of Courts
Martial, imposing fines on the militia falling
60 perform their tours Of duty---in consc.
Quence whereof the subject was referred to the,
Attorney General, by an advice of Council, for
his opinion thereupon; AZ it is important to the
militia of the Commonwealth to have full in
formation on the subject, the Executive have
thought it proper to have the Attorney Gene.
falls opinion published al large, AS expressed in
Che Following letter which he addressed to the
RIcHMoN D. June 20. 1914
SIR
The Executive having requested me to con-
slider che letter of Col John Fairfax Of the 10Th
negiment. on the subject of the mode of en-
forcing the sentence of the Court Martial, Of
Which &c was President imposing fncs on the
Militia failing TO pc form their tours of duty,
undercalls from the United States , have ex
auircd tile various laws on the subject, and
shali state my views of them, which will be-
Eeve extend TO every class of cases which can
occur. The original Act on this subject, is the
law of Congress entitled I" An act to provide
" for calling forth the Militia, to execute the
claws Of the Union, suppress instructions, and
"rePel invasions (; and TO repeal the act now in
force for those purposes" This act was APPROX.
eti by the President, on the 28th OF February,
1875. The first section of this law authorizes
the President, in cases of invasion, or II immi-
nent danger thereof, to call out the MI itia The
5th section provides, "Thst every officer, nom
commissioned officer or private of the Militia
who shall fail to obey the orders Of the President
Of the United States in any of the cases before
recited, shall fori, it a sum not exceeding one
years pay, and not less than cne months pay,
to be determined and adjudged by Cour,
Martial and such officer shalt moreover be
liable to be casiered by sentence of a Court
Martial, and be incapacta,ed 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
and privates shall be liable TO be imprisoned by
n2e sentence, on fal,uee OF payment OF the
hnes adjudged against them, Tor one calendar
month, Tor every FIVE dollars OF such tinc. The
9Th section directs that the Marshal of the dis
trict shall collect the fines, by distress and sale
o. tie delinquen,'s goods; sn1 if there be no
goods Or chattels to he found, yhereof 20 lavy
the said fines, the Marsha. is directed to commit
the delinquent to goal, during the term for
which he shall be adjudged 20 Imprisonment,
or until the fine shall be paid, in the same man.
ner as other persons condemned to fine and inn
pris0nmsp,, at the suit Of the United States, may
be committed.
The act of April 10, 1912, entitled &c IN act to
authorize detachment. from the Militia Of the
United States," authorizes the President TO cal.
sat cue i;Gnd,ed thousand Militia to serve fora
Il run not exceeding monlbs Tue fourth
section Of t;islaw subjects tie officers aad pri-
Yates to the penalties, inflicted by the act o,
1875. The 5th section OF the act of 1895, ap.
plies, Their, with equal force, To the Militia
called out under the law Of 1912 as To
those ordered ont under the act of 1895 teeif
Atthe last session OF Congress, AN &C, passed,
entitled, /" An act in addition to the act est,tletl
An act to provide for calling forth the Miiiia, 10
execute the laws of the Union, suppress insur
rections, and repel invasioa5; and o repeal the
act now in force for those purposes" The irs;
section of this law applies TO the organic alton
of Courts, for trial of offences committed by the
Militia after they are actually embodied, aud
whilst they act either separately or in coniunc-
tion 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 IN this act appears to NE
10 affect the 5tb, 9Th, or 9TH sections OF the act
Of 1895
The next law which it may be important to
advert t., is the act of Asse nby OF this Com
nonwealth passed the 14th February 1914, en-
titled" An act to amend the M,iitIa laws OF
this Commonwealth" This law was evident,
iyldesigned to come in aid of the provisions of
tie laws Of Congress, and to co npel compile
Rnce with the calls of the General Government
for Militia The first section of this act is al
most word for word. with the 5,h section of the
act of Congress Of 1895, so often quoted. Il
does indeed superadd to the penalties of the
law of Congress-, provision that The delinquent
shall moreover. be enrolled in the division or
class destined 10 perform the next tour of duty
The other provisions Of the act ct A ssen,Dly 4st
not important to be sdverted to now, except
those which prescribe mode OF organizing {.
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 oniy necessary
at present teremnrk, that Courts Martial ofthc
kind spo must since the passage OF the
act, be in The manner specified in It.
The Isessed for no. obeyiDg the
call HTernmeBt, are still 10 be
cor pder the act of Congress
OF the Court Martial
be assessed, must
- of the District
tihcate TO the
ssf1rmably
the