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CASES DETERMINED

IN THE

SUPREME COURT OF THE UNITED STATES.

FEBRUARY TERM, 1820.

HOUSTON V. MOORE.

Constitutional law.-State militia law. -Courts-martial.

The act of the state of Pennsylvania, of the 28th of March 1814, providing (§ 21), that the officers and privates of the militia of that state, neglecting or refusing to serve, when called into actual service, in pursuance of any order or requisition of the president of the United States, shall be liable to the penalties defined in the act of congress of the 28th of February 1795, c. 277, or to any penalty which may have been prescribed, since the date of that act, or which may hereafter be prescribed by any law of the United States, and also providing for the trial of such delinquents by a state court-martial, and that a list of the delinquents fined by such court should be furnished to the marshal of the United States, &c., and also to the comptroller of the treasury of the United States, in order that the further proceedings directed to be had thereon, by the laws of the United States might be completed-is not repugnant to the constitution and laws of the United States.

Moore v. Houston, 3 S. & R. 169, affirmed.

THIS was a writ of error to the Supreme Court of the State of Pennsylvania, in a case where was drawn in question the validity of a statute of that *state, on the ground of its repugnancy to the constitution and laws of the United States, and the decision was in favor of its validity.

[*2

The statute which formed the ground of controversy in the state court, was passed on the 28th of March 1814, and enacts, among other things (§ 21), that every non-commisioned officer and private of the militia, who shall have neglected or refused to serve, when called into actual service, in pursuance of any order or requisition of the president of the United States, shall be liable to the penalties defined in the act of the congress of the United States, passed on the 28th of February 1795; and then proceeds to enumerate them, and to each clause adds-" or shall be liable to any penalty which may have been prescribed, since the date of the passing of the said act, or which may hereafter be prescribed by any law of the United States." The statute then further provides, the "within one month after the expiration of the tine for which any detat... militia shall have been called into the 1

5 WHEAT.-1

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