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Passed 20th of
January, 1808.
Benefit to be
extended, &c.
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An ACT for the relief of Benjamin Morris, of Baltimore county.
BE IT ENACTED, by the General Assembly of Maryland, That the judges of Baltimore county court
be and they are hereby authorised and empowered to extend to the said Benjamin Morris, the
full benefit and relief of the act of assembly passed at November session, eighteen hundred and five,
entitled, An act for the relief of sundry insolvent debtors, and the supplement thereto, passed at
November session, eighteen hundred and six, without compelling the said Benjamin Morris to pro-
duce any evidence of his having resided in the state of Maryland for two years last previous to
his application for the benefit thereof, agreeable to the provisions of the said act, and supplement
thereto.
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Passed 20th of
January, 1808.
All able bodied
citizens subject
to militia duty,
&c.
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CHAP. CXXVIII.
An ACT to regulate and discipline the militia of this state.
BE IT ENACTED, by the General Assembly of Maryland, That all able bodied white male citizens
between eighteen and forty-five years of age, residents in this state, except the vice-president
of the United States, the officers judicial and executive of the government of the United States, the
members of both houses of congress, and their respective officers, the members of the executive
council, and their clerk, the chancellor, the judges of the county courts, and the clerks of those
courts, the judges of the court of oyer and terminer and gaol delivery of Baltimore county, and the
clerk of that court, the register of wills of the different counties of this state, the register in chan-
cery, and clerks of the court of appeals, and the members of the legislature of this state, and their
clerks, whilst in session, the professors and masters of all colleges and public schools, all custom-
house officers with their clerks, all post-officers, and stage-drivers who are employed in the care and
conveyance of the mail of the post-office of the United States, all ferrymen employed at any ferry
on the post-road, all inspectors of exports, all pilots, all manners actually employed in the sea ser-
vice of any citizen or merchant within the United States, all mariners actually engaged in the coast-
ing trade from one state to another, the treasurers of the western and eastern shore, and auditor,
and also all ministers of the Gospel regularly ordained or licensed by any religious society, all qua-
kers, menonists, tunkers, and persons conscientiously scrupulous of bearing arms, shall be subject to
do militia duty under this act; provided, that no person shall be exempted from militia duty on ac-
count of conscientious scruples, who shall not produce to the captain or commanding officer of the
district where he resides, a certificate from a licensed preacher of the Gospel, or signed by the pro-
per officer of the religious society to which such person may belong, stating that he has reason to
believe, and verily does believe, from the religious and exemplary deportment and uniform declarati-
ons of such person, that he is conscientiously scrupulous of bearing arms; and it shall at all times
hereafter be the duty of every captain or commanding officer of a company, to enrol every able bodi-
ed white male citizen between eighteen and forty-five years of age, and also all those who shall from
to time arrive at the age of eighteen years, who shall reside within his bounds, and he shall without
delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company,
or other suitable person, by 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 person whose age is questioned shall
prove the same to the satisfaction of the commanding officer; and if any person called on to be en-
rolled shall refuse to declare his true name and age, to the best of his knowledge, or the name of
any person an inhabitant of his house with which he is acquainted, he shall, for each offence, forfeit
and pay the sum of ten dollars, to be recovered in the name of the state, as small debts are recover-
able, and to be paid to the paymaster of the regiment to which the officer, or other character, en-
rolling such person may belong.
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No free citizen
to be excused,
&c.
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II. AND BE IT ENACTED, That no free white male citizen of the age of eighteen and under forty-
five years, shall be excused from militia duty on account of corporal inability, unless he shall obtain
from the surgeon of the regiment to which he belongs, or two respectable physicians of his county,
a certificate that he is not of sufficient ability to perform militia duty; provided, that the certificate
of one physician shall be deemed sufficient to those counties where only one physician resides.
III. AND, whereas the militia of this state hath heretofore been enrolled and arranged into divisi-
ons, brigades, regiments, battalions and companies, and the same were numbered and recorded in
the adjutant-general's office, and where convenient, each brigade hath been made to consist of four
regiments, each regiment of two battalions, each battalion of five companies, each company of six-
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