LAWS, RULES AND REGULATIONS

Governing the

MILITIA

NATIONAL GUARD
NAVAL BRIGADE

Compiled and Arranged by Direction of the State Military Board
1902

1902

WYNKOOP HALLENBECK CRAWFORD CO., OF LANSING

STATE PRINTERS

congress in

The Constitution of the United States, Article I, Power of Section VIII, among other things, states that the Con- regard to gress shall have power: “To provide for calling forth militia. the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming and disciplining the militia, and for gov erning such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress."

The Constitution of Michigan contains the following provisions:

ARTICLE V.

commander

SECTION 4. The Governor shall be Commander-in- Governor Chief of the military and naval forces, and may call shall be out such forces to execute the laws, to suppress insur- in-chief. rections and to repel invasions.

SEC. 19. All commissions issued to persons holding commissions, office under the provisions of this constitution shall be how issued. in the name and by the authority of the people of the State of Michigan, sealed with the great seal of the State, signed by the Governor, and countersigned by the Secretary of State.

Imprisonment for debt.

ARTICLE VI.

SECTION 33. No person shall be imprisoned for debt arising out of, or founded on a contract express or implied, except in cases of fraud or breach of trust or of moneys collected by public officers or in any proMilitia fines. fessional employment. No person shall be imprisoned for a militia fine in time of peace.

Debt in time

of war.

ARTICLE XIV.

SECTION 4. The State may contract debts to repel invasion, suppress insurrection, or defend the State in time of war. The money arising from the contracting of such debts shall be applied to the purposes for which it was raised, or to repay such debts.

Militia,
of whom
composed.

Organization of militia.

Officers, how

chosen.

ARTICLE XVII.

SECTION 1. The militia shall be composed of all able-bodied male citizens between the ages of eighteen and forty-five years, except such as are exempted by the laws of the United States or of this State; but all such citizens, of any religious denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.

SEC. 2. The legislature shall provide by law for organizing, equipping and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the laws of the United States.

SEC. 3. Officers of the militia shall be elected or appointed and be commissioned in such manner as may be provided by law.

ARTICLE XVIII.

officers.

SECTION 1. Members of the legislature, and all offi- Official oath, cers, executive and judicial, except such officers as may by law be exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of this State, and that I will faithfully discharge the duties of the office of according to the best of my ability." And no other oath, declaration or test shall be required as a qualification for any office or public trust.

SEC. 7. Every person has a right to bear arms for Right to the defense of himself and the State.

bear arms.

SEC. 8. The military shall, in all cases, and at all Priority of times, be in strict subordination to the civil power.

civil power.

soldiers.

SEC. 9. No soldier shall, in time of peace, be quar- Quartering of tered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.