forfeit pay, not exceeding, &c. over, to be cashiered, &c. the President, &c. to obey the orders of the President of the United States, in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined Officers liable more- and adjudged by a court-martial; and such officer shall, moreover, be liable to be cashiered by sentence of a court-martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of Non-commissioned the said court: And such non-commissioned officers and priofficers and privates vates shall be liable to be imprisoned, by a like sentence, on oned on failing to failure of the payment of fines adjudged against them, for one calendar month, for every five dollars of such fine. liable to be impris pay fines, &c. Courts-martial, &c. only. Fines to be certified ficer of the shal, &c. who is to levy, &c. SEC. 6. And be it further enacted, That courts-martial for of militia officers the trial of militia, shall be composed of militia officers only. SEC. 7. And be it further enacted, That all fines to be asby the presiding of sessed, as aforesaid, shall be certified by the presiding officer of martial, to the mar- the court-martial before whom the same shall be assessed, to the marshal of the district in which the delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal, or his deputy, shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattles of the delinquent; which costs, and the manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the state in which the same shall be, in other cases of distress. And where any non-commissioned officer or private shall be adand privates are ad-judged to suffer imprisonment, there being no goods or chattles judged to suffer im- to be found whereof to levy the said fines, the marshal of the marshal, &c. may district, or his deputy, may commit such delinquent to gaol, Sale of distrained goods according to state laws, &c. Where non-commissioned officers prisonment, &c. the commit, &c. The marshals to visors, &c. Five per cent. compensation to the during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed. SEC. 8. And be it further enacted, That the marshals and pay fines to super- their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum as a compensation for their trouble; and in case of failure, the same shall be reCoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs. marshal. The marshals fail may be sued, &c. ing to pay over, Marshals, in execu United States, em SEC. 9. And be it further enacted, That the marshals of the ting the laws of the several districts, and their deputies, shall have the same powers, powered as sheriffs, in executing the laws of the United States, as sheriffs, and their deputies, in the several states, have by law in executing the laws of their respective states. &c. The act mentioned, repealed, SEC. 10. And be it further enacted, That the act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions," CHAPTER 4. An act providing arms for the militia throughout the United States.* arms to be provided,. SEC. 1. Be it enacted by the Senate and House of Represen- 30,000 stand of tatives of the United States of America, in Congress assembled, for sale to the state That there shall be provided, at the charge and expense of the governments, etc. government of the United States, thirty thousand stand of arms, which shall be deposited, by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective states, or the militia thereof, under such regulations, and at such prices, as the President of the United States shall prescribe. unsold may be de tia when called into service, &c. SEC. 2. And be it further enacted, That the President of Arms remaining the United States be, and he is hereby, authorized to cause all livered to the milior any part of the arms herein directed to be provided and deposited for sale, which shall, at any time, remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same. be paid into the SEC. 3. And be it further enacted, That the moneys arising Amount of sales to from such sales shall be paid into the treasury of the United treasury, etc. States, and the amount received shall be annually reported to Congress. 400,000 dollars for act. SEC. 4. And be it further enacted, That, for the purpose Appropriation of of carrying this act into effect, the President of the United States the purposes of this shall be, and he is hereby, authorized to draw from the treasury of the United States a sum not exceeding four hundred thousand dollars, to be paid out of any money in the treasury not otherwise appropriated. [Approved, July 6, 1798.] CHAPTER 5. An act in addition to an act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States."t eral of the militia SEC. 1. Be it enacted by the Senate and House of Represen- The adjutant-gentatives of the United States of America, in Congress assembled, in each state, to That it shall be the duty of the adjutant-general of the militia, in President annually, each state, to make return of the militia of the state to which &c. *See act of 23d April, 1808, chapter 59. For original act, see chapter 1, appendix. make returns to the he belongs, with their arms, accoutrements and ammunition, agreeably to the directions of the act to which this is an addition, to the President of the United States, annually, on or before the first Monday in January, in each year: and it shall be The secretary of the duty of the secretary of war, from time to time, to give such tions to the adju- directions to the adjutant-generals of the militia, as shall, in his tant-generals, &c. opinion, be necessary to produce an uniformity in the said rebefore Congress an- turns, and he shall lay an abstract of the same before the first Monday of February, annually. war to give direc and lay an abstract nually. provided with ing notified, etc. Citizens duly en- SEC. 2. And be it further enacted, That every citizen duly to be constantly enrolled in the militia, shall be constantly provided with arms, arms, etc. after be- accoutrements, and ammunition, agreeably to the direction of the said act, from and after he shall be duly notified of his enNotice to muster, rolment; and any notice or warning to the citizens so enrolled, laws of a state, etc. to attend a company, battalion, or regimental muster, or training, deemed a legal no- which shall be according to the laws of the state in which it is given for that purpose, shall be deemed a legal notice of his enrollment. according to the tice of Quartermasters and militia, etc. SEC. 3. And be it further enacted, That, in addition to the chaplains to the officers provided for by the said act, there shall be, to the militia of each state, one quartermaster-general, to each brigade one quartermaster of brigade, and to each regiment one chaplain. [Approved, March 2, 1803.] Fines imposed by courts-martial to be certified to the treasury, etc. CHAPTER 6. An act supplementary to an act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," and to increase the pay of volunteer and militia corps,* SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, comptroller of the That, in every case in which a court-martial shall have adjudged and determined a fine against any officer, non-commissioned officer, musician, or private, of the militia, for any of the causes specified in the act to which this act is a supplement, or in the fourth section of an act, entitled "An act to authorize a detachment from the militia of the United States," all such fines, so assessed, shall be certified to the comptroller of the treasury of the United States, in the same manner as the act to which this act is a supplement directed the same to be certified to the supervisor of the revenue. * For original act, see chapter 3, appendix. †The act referred to, is not comprised in this selection, it having been determined, from their special character, to exclude the acts authorizing detachments from the militia. The section quoted. does not specify any additional cause of fine, but merely declares the detachment to which it relates, subject to the penalties of the "Act for calling forth the militia, &c." which constitutes chapter 3 of this appendix. fines, within two treasury, deducting SEC. 2. And be it further enacted, That the marshals shall Marshals to pay pay all fines which have been levied and collected by them, or months after collectheir respective deputies, under the authority of the acts here- tion, into the in referred to, into the treasury of the United States, within two five per cent., etc. months after they shall have received the same, deducting five per centum for their own trouble; and in case of failure, it shall be the duty of the comptroller of the treasury to give notice to the district attorney of the United States, who shall proceed against the said marshal in the district court, by attachment, for the recovery of the same. and privates, of vol unteer militia pay, rations, and of the army of the SEC. 3. And be it further enacted, That the non-commis- Non-commissioned sioned officers, musicians, and privates, of volunteer and mili- oficers, musicians, tia corps, who, subsequent to the thirty-first day of December, corps, entitled to one thousand eight hundred and twelve, shall have been, or the same monthly may hereafter be, called out, while in the service of the United forage, etc. as those States shall, during the continuance of the present war between U. s. during, etc. the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America, and their territories, be entitled to and receive the same monthly pay, rations, and forage, and furnished with the same camp equipage, as are or may be provided by law for the non-commissioned officers, musicians, and privates, of the army of the United States. [Approved, February 2, 1813.] CHAPTER 7. An act in further addition to an act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States." ""* addition to the provided for by there is to be a di officers of the mili the acts mentioned, vison-inspector, and other officers, as specified, etc. SEC. 1. Be it enacted by the Senate and House of Represen- In tatives of the United States of America, in Congress assembled, tia That, in addition to the officers of the militia, provided for by the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three,† there shall be, to each division, one division-inspector, with the rank of lieutenant-colonel, and one division-quartermaster, with the rank of major; to each brigade, one aid-de-camp, with the rank of captain; and the quartermasters of brigade, heretofore provided for by law, shall have the rank of captain. And it shall be incumbent on * For original act, see chapter 1, appendix. See chapter 5, appendix. the said officers to do and perform all the duties which, by law and military principles, are attached to their offices, respectively. [Approved, April 18, 1814.] One colonel, one and one major to of two battalions, instead, after CHAPTER 8. An act concerning field officers of the militia. * SEC. 1. Be it enacted by the Senate and House of Represenlieutenant-colonel, tatives of the United States of America, in Congress assembled, each regiment of That, from and after the first day of May next, instead of one militia, consisting lieutenant-colonel commandant to each regiment, and one mathe 1st of May,1816. jor to each battalion of the militia, as is provided by the act, entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, there shall be one colonel, one lieutenant-colonel, and one major, to each regiment of the militia, consisting of two battalions. Where shall be only one battalion, it shall be commanded by a major: Provided, That herein to annul any nothing contained herein shall be construed to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next. If only I battalion, a major is to com mand. Proviso: nothing commission in force, etc. [Approved, April 20, 1816.] Expenses incurred to places of rendez sident's requisition by him, to be adjust CHAPTER 9. An act to defray the expenses of the militia when marching to places of ren dezvous. SEC. 1. Be it enacted by the Senate and House of Represenby marching militia tatives of the United States of America, in Congress assembled, vous, upon the Pre- That the expenses incurred, or to be incurred, by marching or calls of state au- the militia of any state or territory of the United States to thorities approved their places of rendezvous, in pursuance of a requisition of the ed and paid in the President of the United States, or which shall have been, or expenses incurred may be, incurred in cases of calls made by the authority of any state or territory, which shall have been, or may be, approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such places of rendezvous, same manner as after arrival. *See chapter 1, appendix. |