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distributed, in the same manner as is provided for in the case of
non-commissioned officers and privates.
62. And be it enacted, That in case of an invasion, or threatened
invasion, of Baltimore county, or any part of the limits of the city
of Baltimore, the brigadier generals, and commanding officers of re-
giments or extra battalions, or squadrons of the said brigades, shall
have full power to order out the militia belonging to their respec-
tive districts or commands, or any part thereof; and it shall be the
duty of any such officer to give notice of such invasion or threaten-
ed invasion, with every circumstance attending the same, as early
as possible to their immediate commanding officer, by whom such
information shall be transmitted with the utmost expedition to the
commander in chief of this state; and in such cases it shall be the
duty of the commanding officer of the regiment, battalion, extra
battalion, or squadron, within the limits aforesaid, to assemble his
regiment, battalion, extra battalion, or squadron, or such part there-
of as he may deem necessary, and take such measures as he may
deem requisite for the public defence and protection of the state,
until the orders of the commanding officer of the brigade to which
he belongs shall be by him received; and it shall be the duty of the
commanding officer of the said brigade, immediately upon receiv-
ing such information, to communicate it to the major general com-
manding the division, and to give such orders, and if necessary
such aid from his brigade, by causing detachments therefrom as a-
foresaid, as in his judgment shall be required, until the orders of
the major general can be received; and to transmit information of
what he shall so have done in the premises to the commander in
chief, and to the major general aforesaid, without delay, and the
militia shall be ordered out as aforesaid for the suppressing or pre-
venting of an insurrection, or opposition to the laws, within the
limits of the city aforesaid, when the mayor of said city, or chief
justice of the Baltimore city court, or chief justice of Baltimore
county court, shall in writing require it, and therein declare that
he has good reason to believe that the peace and quiet of the state
is likely to be endangered by an insurrection or opposition to the
laws, and that military aid is necessary to suppress or prevent the
same; and if any officer shall neglect or refuse to give such infor-
mation as is required of them by this section, or shall neglect or re-
fuse to order out the militia under his command, or such part there-
of as he may be ordered or required to order out, as provided for
in this section, or when so called out shall neglect or refuse to dis-
charge the duties required of them in pursuance of the provisions
of this section, every such officer shall be liable to be cashiered,
and fined not exceeding five hundred dollars, in the discretion of
such court-martial as the case may require; and if any non-com-
missioned officer or private shall neglect or refuse to obey any or-
der given by his superior officer, in pursuance of the provisions of
this section, such non-commissioned officer or private, shall be lia-
ble to be fined, not exceeding one hundred dollars, in the discreti-
on of such court-martial as the case may require; and in the cases
provided for in the aforegoing section, the commanding officer of
the brigade shall have full power and authority to take such mea-
sures for issuing and transporting such supplies and orders within
his brigade, as he may deem requisite, until the orders of the com-
mander in chief shall be known.
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Dec. Ses. 1817
Militia may be
called out in
case of invasi-
on or insurrec-
tion.
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