An ACT to revise and amend the militia laws of the state of Tennessee. [Passed November 17, 1819.]
I. Be it enacted by the General Assembly of the Slate of Tennessee That ALL FREE MEN and indented servants between the age of compose the eighteen and forty-five years, shall compose the militia of this state.
This is from the 1834 State Constitution, in use in 1861.
All free men of color shall be exempt from military duty, IN TIME OF PEACE, and also from paying a free poll tax.
Whereas the prior law was...
And whereas, it hath been found by experience that several negroes and other slaves have, in times of war, behaved themselves with great faithfulness and courage, in repelling the attacks of his Majesty's enemies, in their descents on this Province, and have thereby demonstrated, that trust and confidence may in some instances be reposed in them. And whereas, it is necessary that the male slaves in this Province should be rendered as serviceable as possible in times of war or the invasion of a foreign enemy : ...
That the Governor, Lieutenant Governor or President of his Majesty's Council in this Province for the time being, be, and they are hereby, authorized and empowered to direct and order the several captains of the companies of the militia of this Province, from time to time, to enlist in their respective companies, such and so many of the said male slaves so to be returned to them as aforesaid...
That the said slaves so to be enlisted as aforesaid, shall be incorporated into the respective companies in which they are enlisted, and shall be taken as part time thereof, and shall in time of general alarm and actual invasion of this Province, and not otherwise, be armed by the respective owners or managers of such slaves, with one sufficient gun, one hatchet, powder-horn and shot-pouch, with ammunition of powder and bullets for twenty rounds, and six spare flints, and shall be sent by their respective owners or managers to the place of rendezvous of the respective companies in which they are enlisted;...
Be it enacted, That ALL FREE MALE Persons between the ages of eighteen and fifty years...shall be enrolled or formed into companies of five serjeants, three Companies, corporals, a drummer, and filer, and not less than fifty-five, nor more than sixty-five, rank and file; and these companies shall again be formed into regiments of not more than one thousand, nor less than five hundred, men, if there be so many in the county. Each company shall be commanded by a captain, a lieutenant, and an ensign; each regiment by a lieutenant colonel commandant, and two majors; and the whole by a county lieutenant, whose rank shall be that of a colonel; and they shall take precedence and command of each other according to rank and seniority.
The Militia of Texas shall be organised as follows: ALL ABLE-BODIED MEN over sixteen, and under fifty years of age, shall be subject to Militia duty.
SEC 1. " The Militia of Texas shall be organized as follows : ALL ABLE-BODIED men over sixteen, and under fifty years of age, shall be subject to Militia duty."
Be it further enacted, That upon any requisition of the United States for a detachment of the militia from, this state, it shall be the duty of every captain of infantry to enter upon his roll, ALL ABLED-BODIED FREE MEN between the age of eighteen and forty-five years,
That from and after the passing of this act, it shall not be lawful for any captain or other militia officer of this state, to enroll any free person colour, EXCEPT FOR MUSICIANS; any other law or custom to the contrary notwithstanding.