\
A» ACT
To regulate and discipline the militia of this
"• state.
Be it enacted by ihe-Gchtrtif aiitnybly i, the mem ber'g of both houses
"of congress, and their respective officers, the
members ofthe-executive council, the chan-
cellor, |he judge? .of the county courts, and
theclerks of those courts, the members of the
legislature of the state, and their clerks,
whilst in session, the prof-ssorg and masters
of all colleges ti. public schools patroni«cd by
the state, all custom-house officers with their
clerks, all post officers, and stage drivers who
are employed in the care i.nd conveyance of
the mail of the post-office of the United
States, all ferrymen employed at anv ferry on
the post road, all inspectors of exports, all
'pilots,.all marine)s actu Uy employed in the
sea service of any citizen or merchant within
the United States, all persons actually enga.
¦gxd in the coasting trade, the trnsur rs of the
western and eastern shore, a id auditor, and
also all miuisters of the gospel regularly or
dained or licensed by any religious society, all
quakers menonists, tunkers, and persoi s,
conscientiously scrupulous of bearing arms,
shall be subject to do militia du'y under this
act ; provided, that no person shall be ex
erupted from militia duty on -account of con-
sciencious scruples, who shell not produce to
the captain or commanding officer of the dis-
trict where he resides, a certificate from
gome licensed preacher of the gospel, or sign
ed by (he proper officer of some religious go-
eie^y, stating that he Iris reason to believe,
and verily does believe, from the religious and
ex:rnpiaty deportment nnd uniform declara-
tions of such person, that he isconseient ous-
ly scrhpulnus of bearing arms ; and it shall at
all times hereafter be ihe duty of every cap-
tain or ro.mmanding officer of a company, to
enrol every able bodied wrbite male citizen be-
tween eighteen and fortv-five years of age,
and- also tl) .those who shall from time to time
aru e at the age of eighteen years, who shall
' res'cie within his bounds, and he shall with-
out delay notjfy such citizen of the said en-
rolment, hy a proper non-commissioned offi
cer of the company, or other suitable person,
bv whom such notice may be proved ; and in
all cases of doubt respecting the age of any
person enrolled, or intended to be enrolled,
the party questioned, shall prove hig age to
the satisfaction of the commanding officer.
II. And be it enacted, Thit no free white
male citizen of the age of eighteen and under
forty-five yell's, shall be excused from Riili-
tia duty on account of corporal inability, nn.
less he shall obtain Irom the surgeon of the
regiment to which he belongs, or two rest.er.
table physicians of Ms county a certificate
that he is not of sufficient ability to perfojm
militia duty.
ljt.jnd. whereas the militia «f this str.te
hath heretofore been enrolled and arranged
into divisions, hrigad.'s, regiments, battalions
and companies, and the same were numbered
mnd recorded in the adjutant general's office,
and where convenient, each brigade hath bi en
made to consist ol'fiur. regim-ntg, eachrogi,
merit of two battallions, each battallion of five
companies, each company of sixty tour ,>ri
.vates, four scarjeants, four corporals, one
drummer and one filer or bug'er ; therefore,
Be it en iclrd, That the said 'enrolment and ar
; rang ment shall be and the same is hereby
• eon.irined, except in cases where the same
may he altered and changed in manner follow-
iii^r, viz. where a mnjor genera! shall call a
_3)ieetijBg-of-*he brigadiers of his division, at
some central place thereof, and convenient
time, to be by him appointed, wdio shall re-
vise the arrangement and bounds of the seve-
ral brigades, and make any alteratiotig of the
same that may appear to them necessary, and
in case of such alteration being made, the ma-
jor general shall return the same to the adju-
tant general' office ; and whe' e the said se-
veral brigadiers sfrill call together the lieute-
nant colonels and majors of their several bri-
gades, at some convenient place and time, to
be by them appointed, and then' and th- re de-
termine on any alterations that may be deem,
ed necessary in the arrangement and bounds
of their regiments and extra battalions, and
the said brigadiers shall, as soon thereafter as
m:iy be, make return of such altdvatior.s to
the adjutant-gen's office, to be therein record-
ed ; and the said several commanding offi-ers
.of regiments and extra bettali ins shall, from
tinru to time as may be necessarv, convene
the majors and commanding DfRcew of com
pa nies in tlieir respectne »eg. or extra ba 's,
at some convenient .place and time, to be by
them appointed, and then and there deter-'
mine on any alterations that may be deer.ied
necessary in thsir arrangement and bounds of
their several battalioi s and companies, and a
return tn writing of such alterations as shall
be. made by the.commanding officer of the re-
gimeiitorextra bat to the inspector of their
brigade.
Sect. IV. and be it enacted, That all commit
signed officers appointed by the governor and
council,and acceepting such appointment,who
shall not, on or before the day of next
arm accoutre, and provide themselves, as is
directed bv the act of congress entitled an act
more effectually to provide for the national
defence by establishing an uniform militia
throughout the U S. shall be fined at the dis-
cretion of a court martial a sum not eceeding
dolls. nor less than for such neglect,
a further sum not exceeding for every
they shall continue such neglect; and all non-
commissioned officers and privates enrolled,
notified thereof, and liable to militia duty as
aforesaid shall within months thereafter
arm and equip themselves in the manner di-
rected by said act of congress, except, such as
shall be adjudged by a company court martial
to be too indigent to bear the expenceot such
armament;« ;. equipment; and that out of the
militia enroled as is herein directed, there
shall be formed for each battalion at least one
company of grenadiers, light infantry or rifle-
men, and that to each brigade there shall he
«.t least oi.e company of artillery, each of the
noncommissioned officers and privates or ma
grosses of which shall within months after
their enrolment, provide himself with a sword
or hanger, under, the penalty of a sum not ex-
L- ceeding nor less, than at the d'>> retibn
V\ of a company court martial, and afurtnir sum
not exceeding nor less than f irewery
months that he shall remain unprovided
us aforesaid ; and that to each brigade there
shall be attached at least two troops of horse,
each of the dragon, s whereof shall within
months after his being enroled, arm and e-
QuiJ) himself in the manner prescribed by the
said act o * congress, under the penalty of a
sum not exec. dollars, at the dis-
cretion af a.coiT»pahy court-martial, and a fur-
ther sum, not exceeding dollar*, for eve-
ry mouths that he shall delay his arma-
ment and equipment as aforesaid, and every
Citiaenervrole(i£t.eqaip«dasiilbresii.id^sliaUhold
hissriris,..aminnr:it!otir,d'Ercoiitrrfrn.'rts, free
and exempt from all suits, distreifes, .execu-
tions or sates, for debt,, rent or the, jj^yment
ot snv taxes- ;
The. following? articles, rules and regullt-
ti'ons, shall be those by which the militia of
this state shall be governed.
A} tide 1st- IfanyfieM or other commission-
ed officer, at any regimental, battalion, or com-
pany meeting, or any other occasion when the
regiment, battalion or companv, to which he
may belong, or in which he holds a command,
is paraded, shall misbehave, demean himself,
or appear in an unofficerdiltenr.aniierybe shall,
for such offence, Jie^shie,red,or punished by
fine, at the di'acrerfvnpfa brigade or regimen-
tal cnurt.mar.tjaL as the case may require, in
aiiy sum not exceeding------ dollars, nor less
than------; that for offences against the mili-
tia lawoCOfis state, sdl company commission-
ed officers filiatl be tried by a regimental court
martial, but in case of cashiering, they may
have an appeal to. a briga
tial ; and a non-commissioned offending in
guch esse, shall be fined, at thediscretion.ofa
company court martial, in any sum not excee-
ding i*- dollars, nor less than ~4-------
Article'^ If any captain or commanding ofn-
Csi'ot a company ghall refuse or neglect to
make a list of the persons notified to perform
any tour of duty, and send or convey the same
to the commanding officer of the regiment or
extra battalion to which suchcompany belong,
for such neglector refusal he shall be cashier-
ed, or fined, at the discretion of a regimental
court-martial, a sum not exceeding ¦ '¦' ¦ dol-
lars nor less than----------
Article 4th. Every general court-martial shall
consist of thirteen members, one of whom at
least shall be a general officer, fjndnone under
the grade of a field officer.
Article 5th Every division ocourt-martia)
shall consist of twelve.members, two-thirds ol
whom at hast shall be field officers."**'
Article 6ih. Every brigade court martial
shall consist of twelve members, at Wat one
third of whom shall be field officers.
Article 7th. Every regimen al court-martial
shall be composed of six commissioned offi-
eerg.
Article Bth. Every extra battalion court-
martial shall consist of six commissioned of-
ficers.
Article 9th. Every company court-martial
r.hall be eomposedof one sub-dtern officer, one
m n commissioned officer and one private, to be
appointed by the commanding officer of the
company
Article lOt/i. In every court-martial, not less
than iwo thirds of the members must agree
in every sentence for inflicting any penalty, o
therwise the person charged shall be acquit-
ted.
Aeticie l\th. The president of each & every
court martial shall require all witnesses pro-
duced on the trial of offenders, to declare on
oath or affirmation, as the case may be, that
the evidenc they shall give ghall be the truth,
the whole truth, and nothing but the truth ; &
the members of all such courts shall take an
oath, or affirmation, which the president is re-
quired to administer to them, as follows :—
" You, and each of you, do swear, or affirm.
" (as the cage may be,) that you will well and
" truly try, and impartially determine, all can
" ses to be triad by this court.accordingto the
" rules for regulating and governing the mili-
"tia.ofthe state of Maryland; so help you
" God ;" andthe president shall take the same
oath, to be administered by any memberof the
court-martial.
Article 11th. Every court-martial shall have
power and authority to jgsae attachment, di
rectedto such person as they may appoint, a-
gainst all and every person or persons who
shall neglect or refuse, on being notified there-
of, to attend for the purpos ;of giving evidence
in any case therein pending, and fine such per-
son in any sum not exceeding---------, out of
which sum the person serving such attachment
shall receive such compensation as the court-
martial may deen reasonable.
Article 13fA. No officer, charged withtrans-
grcssingthese rules, shall be suffered to do
duty in the regiment, battalion, company or
troop, to which he belongs, until he has his tri-
al by a court martial, and every person . so
charg«d, shall be tried as soon as a court-mar-
tial can conveniently be assembled, and shall
be furnished by the adjutant-general, the bri
gade inspector, adjutant of -the regiment, or
other person, as the case m!.y require, with a
copy of the charge or charges exhibited a-
gainst him, at least ten days before his trial,
that l.e may have an opportunity to prepare his
defence.
Article "14th. It* any officer or private shall
think himself injured by the commanding offi-
cer of the regimentor extra battalion, andshall
upon due application made tostich command-
ing officer, be refused redress, he m*y com-
plain t" the brigadier-general, whovnay, inhis
discretion, direct the inspector of the brigade
to summon abrigade court martial,that justice
may be done to such officer or private.
Article \Sih. If any non-comu iggioned officer
or private shallthink himself injured by hiacap-
tain, or other superior officer in the reginent,
e*tra battalion, troop or company to'which he
belongs, he may complain to the commanding
officer of the regimcrt, or if a trooper or artil-
lerist, to the brigadier general, who shall, at
his discretion, summon a regimental court-
maititl for doing justice according.; W the na*
turaoi the case.- ,
Ait'5Pn«ifni,s
brigade in the month of May nejiit; ~a>KVsl "
also appoint a day, for the liiceri'Ttg^eS"""*
and inspection, in the. jniotiUi ->^^4**KfiJf,
next, of each regiment sii^%^*jjM)3ffmi,
sothat it shall be ihtliEvpowei ot the brigade
inspector to attend to'iosiect the sam:- : and
it shall be the cftijy of th<; tjrj^jawspector to
give notice to the comrnuaS^offifcera of re
ginients and extra bwHHilions composing the
brigade to wMj$'*fcf belongs, of the days so
appoiiil^d/tatl'eastffi ¦ days previons there-
to, which da s when so appointed, shall con-
tinue to be the days of meetings of the tegi-
tnents and Battalions annually, unless other
wise ordered by the brigadier or commanding
ofiic-'r of the brigade ; and if any brigadier
jns>||s;tor shall neglect to give the notice afore
stud to the commanding officers of regiments
and extra battalions, or shall neglect to
attend the several regimental and extra
battallion meetings, as b\ the act is direct-
ed, or if attending, shall fi.il to ingpect the
game, and n ake re ort thereof as directed
by th e commanding officsr of the brigade, he
shall, for every such neglect be fined a sum
not more than' ¦ dollars, at the discreti-
on of a brigade court martial ; and the com-
manding officers of regiments shall, within
——— days thereafter cause a likf notice to
be given to the nr.jors or commai ding officers
of battalions, under the penalty of a sum not
exceeding—-——duhars, at the discretion of
pa^rigade eoinf martial ¦, and the majors or
commanding officers o! battalions or extra bat
talions si al, within —¦.------days thereafter,
cause alike notice to be given t« the captains
oreommandinglofficersot companies," ndert e
penalty of a sum not exceeding---------dollars,
atttie discretion of a brigade court-martial j
and the captains or commanding officers of
companies ghall cauge a notice to be g-iven to
each commissioned, noncommissioned officer
and private, composing their companies, at
least days previous to to the days of
meeting, under the penalty of a sum not
i xceeding ..... dollars, nor less than ------,
at the digcretion of a regimental court-marti-
al.
VII And be it enacted, That each command-
ing officer shall appoint eight days for the
meeting and exercising of hig company, who
shall be notified thereof, between the first day
of March and ihe first day of December in
eacli and every year, and the said companies
shall meet and be exerciged on the dayg soap
pointed ; and it stm'l be the duty of every com-
manding office* of a company to appoint a fit
and proper person, who shall, at the end of
one hour after the time appointed for the meet
iig of the company, battalion, or regiment, as
the case may be, call over the muster roll of
die company, noting those who are absent,
and on that day shall make return, in writing,
of such absentees, to the commanding officer
then present.
VIII. And be it enacted, That if any commis-
sioned officer, whose duty it shall be to at
tend, shall refuse or neglect to attend any of
said meetings, or attending, shall refuse to
do the duties of his station, he will be fined
at the discretion of the regimental court-mar-
tial, not less than ...... dollars, nor more
than---------dollars for every offence ; and if
sny person belonging to the militia, whose du-
ty it shidl be to meet and muster under the
provisions of this act, shall neglect to attend
any of the said meetings, o; attending, shall
refuse todo the duties of his station, or shall
depart from the parade without being duly
discharged, such person, if a noncommission-
ed officer or private, shall at the discretion Of
a company court-martial, be fined a sum not less
than . .. cents, nor exceeding ¦ ¦ dol-
lars,
IX. And be it enacted, That if any noncom-
missioned officer or private, who is by this act
required to provide himself with a musket or
firelock, or who has received one the proper-
ty ot the state, shall from and after the---------
dayjof ———next, appear in the ranks at any of
the said meetings without such musket or
firelock in serviceable order, he shall be fined
a sum not less than •*— cents, nor more than
— dollars, in the discretion of the compar.y
court martial.
X. And be it enacted, That all quakers, men-
anists, tunkers, and persons conscientiously
scrupulous of bearing arms, between eigh-
teen and forty five years of age, and exempt
from militua duty by the provis».ns of this act,
shall pity the sum of —— dollar* annually.
Sec. XI. And be it enacted, That the cojn-
manding officer of each company shall appoint
their non-commissioned officers, and if any
person so appointed, having accepted of such
appointment, shall negttjat to do the duties
thereof, or refuse or neglect to obey the or-
ders of his superior officers, be ghall forfeit
and pay a sum not less than —— dollars, nor
exceeding—— dollars in the discretion of a
company court-martial.
Sec. XII. And be it enacted, That all violati-
ons of the provisions of this law to be subraUed
te the decision ot fc company court-martial,
:;c:;l! be inquired into by said eourt martial at;
the next staled meeting ntt.iie:r company, or
at such convenient time thereafter as the said
court may appoint, the delinquent or delin-
quent" being duly notified to apper.r before
the said court-martial; to answer the charge
or charges alledgcd against, him or thein res-
pectively) and in case any dalinqncnt, being
duly notified of the time and place of meeting
of any such court-martial; ctiall refuse or ne-
idect. to attend, the said, court-mart ial is au-
thorised and empowered to proceed to the
tried of such delinquent, in the dame manner
as if he was personally present.
Sec XIII And 6c it enacted, That any officer
removing out of his comity, or, if a field-of-
ficer or brigadier-general, out ot! his district,
with an intention of making a permament
change of his residence, shall, on such remo-
val, be deemed to have resigned his com-
m'ssion, and it- shall be the duty of the com-
manding officer of the regiment, or extra bat-
talion, to which He belonged, to make such va-
nancy known to the governor and council, as
soon thereafter as convenienllv Ynay be-
Sec. XIV. And be it enacted, That in all cases
where a militiaman mav be drafted to per
form a taur of duty under th-s act, he nhall be
considered as a soldier, and liable to all the
duties as such, unless he shall furnish a sub.
stitute ; and the commanding officer of the
regiment, ol extra battalion, as the case, may
be, to which they may belong, shall he the
sole judge of fhequalificationofsaid substitute,
and may receive or r. jecthim at his discretion.
Sec- XV And be it enacted, That no militia-
man shall leave the company to which lie be-
longs-, except as herein after excepted, under
ti e penalty of dollars, unless by consent
oft he commanding "officer of the company, ar.,
unless he shall remove to some other d
and in such case he shall apply to tl
der of such company, whet, shall K'** m™ a
Certificate of his being, djicaarged. litsSer the
penalty of a sum not c.Sr.e^rtiilJf " " dfouars, snd
if the said militin.man'h^drJjjiBiTi in actual ser-
vice, shallals'o-ees^fejjllfc'time thereof, and
h-w long he^#a|P§SB3ed therein, under the
it enacted, That no person
Rervingas a substitute !»r another, shall there-
ex«ased from standing a draft him-
^*Sec.XVII. And be it enacted, Thatno officer
or private of the militia in his attendance at,
going to, or returning from, muster, shall be
suhject to arrest for any civil matter.
Sec XVIII And be it enacted. That if any
suit or suits shall be brought or commenced
against any personorpersons for any thing.'one
in execution of the pro> isions of this act, the
action shall be brought in the county where
the cause or causes Of such action did arise,
and not elsewhere, and the defendant or de-
fendants may plead the general issue, and give
this art and the special matter in evidence
Sect. XIX. And be it enacted, That each and
every officer appointed and commissioned by
virtue of this act, shall be a citizen of the Unit-
ed States, and take the several oaths prescrib-
ed hy tie constilnu'on of this state, and also
previous to their entering on the execution ol
their respective duties, take the following oath,
or affirmation : "I, A B.dosvrear, or affirm,
(as the case may be.) that I will be true and
faithful to the state of Maryland, and that I
will diligently and faithfully do and perform
the several duties assigned to me as of.the
militia ol this state, according to the best of
my skill and abilities ; so h«lp me God "
Sect XX A d be It e>ac>ed, That if any by-
stand»r shall interrupt, molest or insult, any
officer or soldier while on duty at any muster,
or shall be. guilty of like conduct before anv
court-niartial, the commanding officer, or such
court, may cause him to be confined for the
da)', and he shsll ilso be fined nut less than
cents, nor more than dollars, in the dis-
cretion of a company court martial
Sect. XXI. And be it enacted, That it shall
be the duly of the brigade inspector to attend
the brigadier general when required^ to re-
ceive and execute all orders necensary to car-
ry into effectthe provisions of this law, and up
on refusal or negl ct, to be subject to a fine,
not exceeding dollars, nor less than
dollars, unless he can make a reasonable ex-
cugo to the commanding officer of the brigade.
Sect XXII. and be it'enacted, Tliatitshallbe
the duty if'the adjutantofeachregimentandex-
tra battalion to attend the regimental and batta
lion meetings, and execute the orders of the
commanding officers necessary to carry into
effect the provisions of this law, and upon re-
fusal or neglect to be subject to a fine, not ex-
ceeding dollars, at the discretion of a re-
gimental court-martial.
Sect. XXIII. And be it enacted, That if any
person shall hold or detain any arms oraccou
trereent-. belonging to the state of Maryland,
and not held or detained by such person as a
member of a volunteer nihtia company, or as
being given him by reason of his being too
indigent to purchase the same at his own ex-
pence, any commissioned officer is hereby au-
thorised to apply to an< justice of the peace
within the county where such person resides,
who shall thereupon issue a warrant to any
constable of the county, directing him to
a. rest such parson, and carry him before some
justice of the peace for said county, together
with any arms and accoutrements alleiiged to
be the property of the state, which may be
in the possession of such person, and if the
said justice of the peaoe should be of opinion
that the said arms or accoutrements are the
property of the state of Mar) land, then and in
such cage the said justice of the p<. ace shall
order and direct that the said arms and accou-
trements shall be delivered up to the said com-
missioned officer, for the use of the compam to
which hehelongs, until demanded by the state,
and upon such person's refusing or neglecting
to comply with such direction, the said justice
of the peace may commit such psrgen to the
public gaol of the county until his compliance
therewith ; and if the said justice shall deter
mine that the said arms or accoutrements are
not the property of the state of Maryland, the
costs of such proceedings shall be paid out of
the money in the hands of the paymaster, aris-
ing from fines collected in the regiment to
which such commissioned officer belongs, but
if he shall determine that the said arms and
accoutrements are the property of the atate,
then the costs of such proceedings shall be
paid by the said person in possession of such
arms and accoutrements as aforesaid, and if
any person holding as aforesaid any such arms
or accoutrements, and knowing them to be the
property of the state, shall refuse to deliver
up the same to any commissioned officer de-
manding them, such person shall forfeit and
pay the sum of------ dollars, to be recovered
as small debts are recovered, in the name
of the state, and for the use of the regiment
or extra battalion to which such commissioned
officer may belong .'
Sect. XXIV. And be it enacted, That in case
of the death, resignation, or removal out of
his district, of any subaltern officer, the com-
manding officer of' the regiment or extra bat-
Udion.to which such officer may have belong,
ed, may appoint .a fit and proper person as
a brevet officer, and shall immediately there-
after notify the governor of. the same, and
sttclr brevet officer shall have £nd exercise all
the powers incident to his office, in as full and
ample a manner as if he wr.s commissioned,
until he shall be superceded by a commission-
ed officer; provided, that the removal of anv
such officer residing in any city or town, or
precincts thereef, to any part of the said town
or city, or the precincts thereof, shall in no
wise be consideced as the resignation of such
officer.
Sect. XXV. And be it enacted, That no per-
son under the age of twenty one years shall
bg draughted to serve on any tour of duty, but
any such person may serve as a volunteer ; pro-
vided, that no such person shall be received ag
a volunteer, without the assent of his parent,
guardian, master or mistress.
Sect XXVI. And be it enacted, That the
commanding officers of regiments or extra
battalions of the militia in Allegany county
be, and they are hereby authorised and requir-
ed to appoint two days in each and every year
for the meeting and exercising of the militia
in said county, in battalion, at such places as
they may deem most convenient, insteul of
other regimental or battalion meeting's direct-
ed by this act; and that the said miliiia shall
be called out, and attend said meetin.s, in
the same manner, and under the same fines
and forfeitures, that the militia of other coun-
ties are called out and attend their regimental
and battal'on meetings,
Sect. XXVIf Ai:d. whereas the remote
and detached situation of thatpart of tiie militia
o Qtieen-Annf'a. comity wio reside on Kent-
Island, rejgJBgs"it impracticable for them to"
meet Bpuion or regiment oft' the said?
¦ fore, Be it enacted, That the mill-
on Kent Island, shall not be com-'
to meet in battalion or regiment, but
the companies, camposed of the rnilitia
Oil said island shall nevertheless be subject to
'he called together to exercise twice a year on
said island, exclusive of company meeting's,
at such times and such places as the command-
ing officer of the battalion to which they be-
long shall direct, and shall be subject to the
same fines for not appearb g at said meeting's
as others are for not meetirg in battalion as
regiment, any thing in this act to the contrary
notwithstn ding.
Sect. XXVlil. And be it enacted, That the
said two troops of cavalry and one company
of artillery, I y this act directed to be attach-
ed to each brigade, shall be formed at such
places, and in sucii manner, as thecomirianding
officer of each brigade shall direct; and it.
shall and is hereby dcelared to be lawful for
any person belonging to any company of in ,n-
try to withdraw from the same, and to joiir
any troop of horse or company of artillery
withinhisbrigi.de willing to enrol liini ; and
the said trce.ps of cavalry and compam of ar-
tilery shall maet for the puposc of being dis-
ciplined and exercised at least ten times be-
tween the month of March and the mw th of
December in each and.every year, under the1
same fines and forfeitures that are imposed on
persons composing infantry companies neglect-
ing to attend thsir company meetings j and the
commanding officer of each brigade may di-
rect the troops of horse therein, or either of
them, to attend the meeting of any regiment
within his brigade.
Sect. XX.X.'Jik/ be it enacted, That when
the whole, or any part of the militia of this
' state shr.ll be ordered into actual service, they
shall be subject to the rules and regulations
of the articles of war, and be entitled to the
same pav and rationa as troops in the service of
the United States are entitled to receive.
Sect XXX. And be it enacted, That |