¶1decided, that Mr. Smith, being at the time of his enrolment, and at the time he was required to muster, a clerk in the treasury department, duly appointed by one of the comptrollers, and sworn in the manner required by the act of Congress, was an executive officer of the Government of the United States, and within the 2d section of the Act of May 8, 1792, and was not liable to be enrolled in the militia.
2 D.C. 693
Ex parte Smith
Decided May 15, 1826
Upon habeas corpus the marshal returned the cause of caption and detention of Mr. Smith “ to be for sundry militia fines imposed by the Legionary Court of the 1st regiment, 1st brigade of the militia of the District of Columbia, put into the hands of the said marshal for collection according to law.” By the 4th section of the Act pf Congress of the 1st of July, 1812, [2 Stat. at Large, 769,] supplementary to the act more effectually to provide for the organization of the…
Decided 1826-05-15