in each state, to make return of the militia of the state to which he belongs, with their arms, accoutrements, and ammunition, agreeable 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 duty of the secretary of war, from time to time, to give such directions to the adjutant-generals of the militia, as shall, in his opinion, be necessary to produce an uniformity in the said returns, and he shall lay an abstract of the same before Congress on or before the first Monday of February, annually.

SEC. 2. That every citizen duly enrolled in the militia, shall be constantly provided with arms, accoutrements, and ammunition, agreeable to the direction of the said act, from and after he shall be duly notified of his enrolment; and any notice or warning to the citizens so enrolled, to attend a company, battalion, or regimental muster, or training, 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 enrolment.

SEC. 3. That, in addition 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.]

CHAPTER 20.-Approved, March 3, 1803.-Vol. 2, p. 215.

An Act more effectually to provide for the organization of the Militia in the District of Columbia.'

1. Militia of District of Columbia may be organized by the President of the United States. 2. May appoint officers to cavalry, artillery, &c. Uniform, how to be provided. Conditions of enrolment. Whence he cannot withdraw, under a penalty of ten dollars. Legionary commanders-their duty. 3. Alterations in battalion and company districts, in what cases to be made. Militia districts-how designated. 4. Commanding officers of companies shall regulate duty, and how. Removal of militiamen, how to be notified. Certificates of service provided. Penalty on refusal of certificate. 5. Officers shall be sworn into office. Oath. Oath, how certified. 6. Who shall be enrolled in the militia. 7. Mode of proceeding against delinquents. General courts-martial, how constituted for superior

1 See supplementary act, chap. 113, 1 July, 1812.

ance.

officers. Field-officers and staff. Their powers. Captains and subalterns. Brigade court-martial. Evidence, how to be obtained. Penalties. 8. Courts of inquiry. When and how held. Oath of members. Legionary courts of inquiry. Extraordinary inquiry court. Duties of courts of inquiry. May remit fines and exempt from duty. 9. Clerk and provost-marshal shall be appointed by ballot. List of fines to be kept, and by whom. 10. Fines incurred heretofore, how disposed of. 11. Musters, and at what periods. Muster of inspection in May. Legionary muster in October. Muster to continue one day only. Notice, how given, and when. Notices in writing to commanding officers. Penalty on omitting to give notice. Appearance at muster. Forms to be observed in returns. Returns to be certified. 12. Returns of companies, how and when made. Returns of legions. 13. Non-commissioned officers, appointment of. Neglect of duty, penalty on. 14. Officers to meet for training once a year. Training three days, eldest officer shall call the roll. Penalty on non-attend15. Misconduct of officers, how treated. 16. Non-commissioned officers, how treated for misconduct. Penalty. 17. Spectators or bystanders interrupting or insulting, liable to punishment. Parade limits. 18. Officers on duty shall be in uniform. Penalty. 19. Brigade inspector. Legionary staff. Duties of brigade inspector. Penalty on neglect of duty. Adjutant, his duty. Penalty on neglect. 20. Delinquencies, forfeitures, and penalties on. Commanders of corps. Major's neglect. Captain's neglect. Subaltern's neglect. Non-commissioned officer's neglect. Penalties. 21. Fines of persons under age, how paid. 22. Legionary court of inquiry to appoint a collector, and when. Allowance of six per cent. Collector a defaulter, to be sued, and how. Fines not paid, how recoverable. Collector to give bond and security. 23. Fines to be a fund for salaries of officers, musicians, &c., also for furnishing the necessary equipage, &c. Paymaster of the legion shall settle his accounts once in three months. Shall give bond and security. Two and a half per centum allowed on disbursements. 24. President authorized to call forth the militia on an invasion, &c. And to appoint certain officers with pay. Militia when called forth, how governed. Courts-martial. Pay and rations of the militia. Power of the commanding officer of the district, in case of invasion or insurrection. 25. Arms, &c., always exempt from execution, and persons from civil arrests while in service. 26. Brigadier-generals may employ couriers. Their compensation. 27. Non-commissioned officers and privates of battalions shall on duty appear in uniforms, or be fined. 28. Courts of inquiry may bind young men and boys to learn military music. Their fathers exempt from militia duties. Courts of inquiry to provide for the musicians. Compensation. 29. Each commissioned officer to be furnished with the articles of war and militia law.

That it shall and may be lawful for the President of the United States, whenever an increase of the militia of the territory, or other circumstance, shall in his opinion make it necessary, to lay off the said militia into additional companies, battalions, regiments, or legions and brigades, and shall appoint and commission, during pleasure, the proper officers for the

same.

SEC. 2. That the President of the United States shall, when

he may deem it necessary, appoint the proper officers, to compose at least one troop of cavalry, one company of artillery, one company of light infantry, and one company of grenadiers or riflemen, to each legion, which officers shall proceed by voluntary enlistment, within their legion, to complete their company or companies with the least possible delay, and every person belonging to the said companies shall wear, while on duty, such caps, or hats, and uniforms, to be purchased at their own expense, as the commanding officer of the brigade, to which they belong, shall determine on and direct; and the said companies shall perform the same routine of duty, and be subject to the same rules, regulations, penalties, and orders, as the rest of the militia; the President may, nevertheless, order them, or any of them, out on duty, as occasion, in his opinion, may require, by entire companies: that no person belonging to any battalion company, shall, under color of enlisting into any company, to be made up by voluntary enrolment, be excused from doing duty in the infantry, and in the company in which he had been enrolled, or might be enrolled, until he shall have equipped himself for service, in such volunteer company, according to law, and shall have produced a certificate thereof, from the commanding officer of such company, to the commanding officer of the battalion company, to which he did or might properly belong; and no person having enlisted in any volunteer company, shall be permitted to withdraw himself from the same, under the penalty of ten dollars, unless in case of removal from his legionary district, to be recovered as other fines imposed by this act, upon the evidence of the commanding officer of the company, from which he shall so withdraw; which commanding officer shall return all such cases to the first battalion court of inquiry, that shall sit thereafter. And the commanders of the respective legions shall direct by order, to the different commanders of battalions, to what battalions the different volunteer companies shall be attached and shall parade with on battalion duty; and shall direct how they shall be posted on legionary parades, unless differently ordered by the brigadier-general.

SEC. 3. That where any battalion or company districts, or alteration in districts actually laid off, may hereafter be found necessary, the commanding officers of legions shall assemble the commanding officers of battalions and companies at some fit

and convenient place, and may proceed to lay off or alter any such battalion or company districts, which districts shall in all cases be designated by certain lines and bounds, and recorded by the clerks of the respective courts of inquiry.

SEC. 4. That it shall be the duty of the commanding officers of the companies to proceed forthwith to divide their companies into divisions by ballot, from one to ten, for the purpose of a regular routine of duty when called into actual service, and to return a roster of each division, and its number or rotation, within fifteen days thereafter, to the commanding officer of his battalion, who shall forthwith transmit the same to the commanding officer of the regiment or legion, who shall direct the same to be recorded by the clerk of the court of inquiry. The same regulations shall be observed by every commanding officer of a company, battalion, and legion or regiment, on the subsequent enrolment of any person therein, unless such person shall produce a certificate of his having been before drawn for the above purpose, in which case he shall be enrolled accordingly; and any militiaman removing out of the bounds of one company into another, shall apply to the commanding officer of the company to which he did belong, who shall give him a discharge, certifying the class wherein he was arranged, and whether he had performed his tour of duty or not, and also the time and date of such service, which certificate the said militiaman shall produce to the captain or commanding officer of the company into whose bounds he shall so have removed, within ten days after his settlement, and such officer is hereby required to enroll him in the numerical class specified therein, and every militiaman so removing, and failing to produce such certificate, shall be arranged and enrolled in the class destined to perform the next tour of duty; and if any captain or commanding officer of a company shall refuse to grant such certificate upon application to him made for that purpose, he shall for such refusal incur a penalty of thirty dollars, to be assessed and applied as other fines imposed by this act.

SEC. 5. That each and every officer appointed, or who may hereafter be appointed, and commissioned, in manner aforesaid, shall, previous to entering on the execution of his office, take the following oath, (to be administered by a justice of the peace, of the court of the county in which such officer resides,) to wit

"I,

in the

do swear that I will support the constitution of the United States, and faithfully discharge the duties of of the militia of the District of Columbia, to the best of my skill and judgment; so help me God." If the said oath be administered by a justice of the peace, it shall be his duty to certify the same to the court of his respective county, there to be entered of record by the clerk.

SEC. 6. That the commanding officers of companies shall enroll every able-bodied white male between the ages of eighteen and forty-five years, (except such as are exempt from military duty by the laws of the United States,) resident within his district; and that in all cases of doubt respecting the age of any person enrolled or intended to be enrolled in any company, the party questioned shall prove his age to the satisfaction of the legionary court of inquiry, within whose bounds he may reside; and it shall at all times hereafter be the duty of every such captain or commanding officer of a company, to enroll every such white male as aforesaid, and all those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years, (except as before excepted,) shall come to reside within his bounds, and shall, without delay, notify such person of the said enrolment, by a proper non-commissioned officer, by whom such notice may be proved.

SEC. 7. That the President of the United States, upon complaint for misconduct, lodged with the department of war, in writing, by any one or more commissioned officers, may at his discretion cause to be arrested, any major-general or brigadiergeneral, and order a court-martial to be composed of all the other general officers, field-officers, and captains, or so many of them (having regard to seniority) as shall amount to thirteen, in the militia of the territory; which court-martial shall proceed in the same way, and under the same restrictions, as is hereafter provided for the trial of field-officers. And any major-general or brigadier-general, for misconduct within their own knowledge, or upon complaint lodged in writing by any commissioned officer, shall have power to arrest any lieutenant-colonel com

1 For exempts see sec. 2, chap. 33, 8 May, 1792, and note ante.