A Bill for establishing a Naval Militia.

Be it enacted &c that every free, able bodied, white male citizen of the US. of the age of 18. years, & under the age of 45. years, whose principal occupation is on the high sea or on the tidewaters within the US. shall be of the militia for the Naval service of the US. and shall be exempt from the services of the land-militia.

The persons so to constitute the said naval militia shall be enrolled in the several ports, harbours, or towns thereto adjacent, to which they belong or are most convenient by their names, ages, places of birth & abode, & personal descriptions, with the date of their enrollment & shall be formed into companies, each to be commanded by a Lieutenant to be appointed by the authority of the state to which such company belongs.

It shall be the duty of the Lieutt. of each port, harbour, or town thereto adjacent to enrol in a book, to be kept by him for that purpose, all persons who by this act are made naval militia men, belonging to his said port or harbour, or within the limits assigned as most convenient to the same; registering in a distinct page or part of his book those of every different year of age from 45. down to 18. and whenever a person enrolled in one port of the US. shall remove to another, the enrolling officer of the latter port shall immediately enter him on his book, noting the date & place of his former enrollment, in addition to the other circumstances before prescribed.

In deciding on the ages of persons to be enrolled, the officer shall make up his judgment from the information of the party himself, from such other information as he can obtain, & from his own inspection.1

Every person enrolled shall be entitled to recieve from the officer possessing the book of enrollment, an authenticated transcript from the same of the entry respecting himself, on paiment of 25. cents, & to have the same renewed on the same condition from time to time when lost or destroyed, which shall exempt him from discipline duties at the port of his former enrollment, and from the duties of the land militia; & shall be considered otherwise as instead of the certificate of citizenship heretofore given by the Collectors of the customs; which certificates shall hereafter cease to be given.

Every enrolling officer shall, on, or immediately after the 1st. day of October in every year, make a return of his roll to the Secretary of the Navy of the US. according to it’s actual state, as affected since the last return by age, discharge, death, removal, new enrollments or otherwise.

It shall be the duty of the sd officers on 6 days of every year to discipline the men under their command, who may be within their limits at the time, to the use of artillery or the maneuvring of gun-boats or other armed vessels assigned to the defence of their port, or confided to their use. and all acts of disobedience or failure in duty herein, in either officers or men, shall be liable to the same pains, penalties & coercions, & to trial by court martial consisting of three commissioned officers at least of the Naval militia as are provided in the corresponding cases by the laws for the government of the land-militia of the US.

In cases of insurrection, of opposition to the civil authority, or of sudden attack by an enemy happening in any port, harbour or town on the tide waters, or on the coasts in their vicinities, all persons then & there being who make a part of the sd naval militia, whether of the same or of any other place, shall be liable to be called on to do duty with artillery or on board any armed vessels, for the special occasion of quelling the insurrection, enforcing obedience to the civil authority, or resisting the attack. and in time of war, either actual or imminent, all under [35] years of age, wheresoever they shall happen to be within the jurisdiction of the US. shall be liable to be called on in such proportion of their whole number as circumstances may require to perform tours of duty not exceeding one year in any [two] on board of any of the public armed vessels of the US. in which the sd militia officers, in subordination to the regular officers of the US. of equal or superior grade shall have the immediate command & care of them.

And if any person so called on shall refuse or unnecessarily delay to enter on duty, he shall be arrested as a deserter either by the civil or military authority, delivered to the property military officer & either punished as a deserter or compelled to perform his tour of duty: but any person so called on may commute his personal service by rendering an able bodied free white man a citizen of the US. fit for the service in the judgment of the officer who is to command him, and willing to engage therein. And all persons, while engaged in the performance of a tour of duty, shall have the pay & rations allowed in the navy of the US. & be subject to the rules & regulations and articles provided for the government of the same.