Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1864-04-15
The New Militia Law.

The following is a synopsis OF the Militii
Law just passed our by Legislature:
An Act to organize and dicipline the Mill
tia, and to repeal the Act of April IA, 1863
as it passed the House.
The assessors are required to enroll all white
male citizens between the ages of eighteen
and fOrty-fve, at the time of taking the assess
ment of personal property.
The Auditor is authorized to correct the
rolls. Those enrolled are required to perform
military duty in volunteer companies, or pay
Communication of four dollars to the county
treasurer, by the 18th of August in each year
In default of payment the Auditor is required
to collect the amount with thirty per cent.
penalty and costs, by distraint, as treasurers
collect taxes.
The active or volunteer militia are called
the National Guard, to be composed of the
volunteer militia as now organized, dnd those
hereafter organized under this act. They are
raquired to muster for drill and inspection by
regiment or battalion in May or June. Four
other regular musters are required each year,
two by regiment and two by company, and
are also to drill at their armories or other
places of meeting, at least once in two months.
A military fund is provided for, consisting
of the four dollar commutation, and fines, to
be assessed against the National Guard for
absence or misbehavior. The fines are assess
ed by Court of Inquiry, and if not paid
within ten days after notice by the President
of the Court, are to be left with the Justi ce
of the Peace, who is required to issue execu-
tion therefor. Before a trial is had before
the Court of inquiry, the delinquent can de-
mand jury trial, when the case is certified
to Justice of the Peace, who must impaneI
a jury and try the case. Unless jary is thus
demanded, the Justice has no other power
than to issue execution upon the judgment
of military court.
The National Guards are exempted from
labor on the highways, and all who have here
tofore uniformed themselves, or may 60 SO
hereafter, are entitled to five dollars from the
military fund. Each company is entitled to
5000 annually from the same fund.
Military eneampments are abolished, as
is also the present organization of the enroll
ed militia, commonly called ''fatfoots." The
officers of the latter are mustered out of ser
vice,
Commanding officers at parades are empow-
cred to preserve order and .prevent and pro-
hibit the sale of intoxicating liquors on or
about the ground, and abate all hucksters,
auction sales or gambling.
For fines assessed against minors fathers
are jointly and seVerally liable with their sons,
and guardians with their wards, to the amount
of funds of their ward in their hands. Real
and personal property is made liable therefor.
II it becomes necessary to call out the mill
tia, in case of invasion or iasurreetion, or dan-
ger thereof, or to suppress mobs, riots, or to
enforce civil law, the National Guard must
frst be called out, and are in such cases COM
pensated for their services. s..-.
IF companies become reduced below the re-
quired minimum, and the Commander-in-chief
deems it necessary to call them into acti We
service ia case of insurrection or invasion, he
may require them to be filled up by draft
from the reserve, or enrolled militia. The
manner of drafting is provided for.
The Governor is authorized at any time du-
ring the existing rebellion, if, in his opinion
the public safety requires it, in case of inva-
sion or insurrection, or imminent danger there
of, to call out the National Guard, or any
portion thereof, by regiment, battalion, COM
pauy, or battery, and keep them in active ser
vice or encampment so long as the cause con-
tinues for which they were called out, ard at
the end of sixty days they may be relieved by
others called to take their place. The Con-
tiugent 81 100000 Appropriation and Loan
Bill, which has passed both Houses, was de-
signed to meet this contingency authorized in
the Militia Bill. s.-
No brigsde organizations are authorized
unless it becomes necessary in case the mill
tia are called into active service, and are to
be dissolved when the public service ceases.
The act takes effect from its passage, and
repeals the Militia Law now in force. sess