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and shall also take such measures for procuring, transporting, and issuing all orders which may be necessary. Orders for the militia to be called forth as aforesaid, shall be sent to the commanding officer of the District of Columbia, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the same, with the necessary number and ranks of officers, by detail and rotation of duty or otherwise, as he may be ordered. Whenever any militia shall be called forth into actual service as aforesaid, they shall be governed by the articles of war, which govern the troops of the United States. And courts-martial shall be held as therein are directed, to be composed of militia officers only, for the trial of any person, in the militia, but to the cashiering of any officer, or capital punishment of any person, the approbation of the President of the United States shall be necessary; and when any militia shall be in actual service, they shall be allowed the same pay and rations as are allowed to the militia of the United States. If a sudden invasion shall be made into either county in this district, or in case of an insurrection in either county, the commanding officer of the militia of the district, or of such county, is hereby authorized and required to order out the whole or such part of the militia, as he may think necessary, and in such manner as he may think best, for repelling or suppressing such invasion or insurrection; and shall call on the commanding officers of the adjacent counties for such aid as he may think necessary, who shall forthwith and in like manner furnish the same; and in the event of any militia ordered out by a commanding officer of the county, or of the district as herein authorized, such officer shall immediately notify the same, and the cause thereof, to the commanding officer of the district, or to the President of the United States, as the case may require.

SEC. 25. That all arms, ammunition, and equipments of militia, shall be exempted from executions and distress at all times, and their persons from arrests and process in civil cases, while going to, continuing at, or returning from musters, and while in actual service.

SEC. 26. That the brigadier-generals are hereby empowered and authorized to employ some person within their respective districts, to convey all orders from them to the commanding officers of corps, respecting the militia of the District of Colum

bia, who shall be exempt from all other militia duty, and shall receive such compensation, as the legionary court of inquiry, in which district such orders may from time to time be delivered, shall think proper, on his producing to the court a certificate of his having discharged the said service.

SEC. 27. That all non-commissioned officers and privates, belonging to battalion companies, shall appear, while on duty, uniformly clothed, the color and fashion of which uniforms to be determined on for the respective legions, by the first legionary courts of inquiry which shall be held, and to be approved of by the brigadier-general, provided the expense of the same, additional to that of usual, ordinary, and cheap clothing, does not exceed five dollars for each person; and every such non-commissioned officer, or drummer, or fifer, or private, appearing at any muster held after three months from the time that such uniforms shall have been determined on, and the order relative thereto shall have been published in some newspaper within the legionary district, and not wearing the same, shall be fined five dollars for each offence; unless he can make it appear to the satisfaction of the court of inquiry of the battalion to which he may belong, that he was unable to equip himself.

SEC. 28. That the respective courts of inquiry shall have power to cause to be bound for a term of years, to the several commandants of companies, battalions, and legions, and their successors in office, as the case may require, such number of boys and young men, with the consent of their parent or other person authorized, as they in their discretion may deem proper, for the purpose of being instructed in the different branches of military music, and of serving as musicians when they may be competent thereto, to the several companies, battalions, and legions; and the father of any youth who may be so bound, otherwise subject to be enrolled, shall be exempt from all duty in the militia, so long as his son so bound may continue to serve in the corps to which he would otherwise belong, as well during his apprenticeship as thereafter; and the several legionary courts of inquiry shall make provision from time to time for the clothing, maintenance, and the properly instructing all such youths, to be paid from the fund arising from the fines imposed by this act; and the commanding officers of legions shall cause the drummers and fifers and other musicians of their respective

legions, to meet at the same times and places that commissioned officers are required to meet, for the purpose of being trained by the brigade inspector, or other officer, there to be instructed in their respective branches of music, for which purpose the commanding officer of the legion may employ such person or persons as he may think proper and capable to instruct such drummers and fifers, and other musicians. The person so to be employed by the commanding officer of the legion, to be allowed such compensation as the legionary court of inquiry may authorize, and each drummer and fifer, and other musician, unless an apprentice, shall be allowed, during the time they are convened, one dollar per day, to be paid out of the funds arising from fines.

Sec. 29. That the secretary of war shall cause a sufficient number of copies of this law, together with the act of Congress, more effectually to provide for the national defence, by establishing an uniform militia throughout the United States; and the act of Congress for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; and the articles of war; to be printed and distributed throughout the territory of Columbia, so that every general and field officer therein, and every brigade inspector and captain, be furnished with one copy each.*

[Approved, March 3, 1803.]

1 Chap. 33, 8 May, 1792, ante. Chap. 20, 10 April, 1806, post.

2 Chap. 36, 28 Feb. 1795, ante.

4 Instead of printing and distributing the three acts, as required by this section, it has been the custom of the War Department to distribute to the officers therein named copies of the "Military Laws," in the same manner that they are from time to time delivered to all the officers of the army.

The Army Register is annually published, in obedience to resolutions of the Senate and House of Representatives.

CHAPTER 32.-Approved, March 3, 1803.-Vol. 2, p. 241.

› An Act directing a detachment from the militia of the United States, and for erecting certain arsenals.'

That the President of the United States be, and he is hereby, authorized, whenever he shall judge it expedient, to require of the executives of such of the states as he may deem expedient, and from their local situation shall be most convenient, to take effectual measures to organize, arm, and equip, according to law, and hold in readiness to march at a moment's warning, a detachment of militia not exceeding eighty thousand, officers included.

SEC. 2. That the President, if he judges it expedient, authorize the executives of the several states to accept, as part of the detachment aforesaid, any corps of volunteers who shall engage to continue in service for such time, not exceeding twelve months, and perform such services as shall be prescribed by law.

SEC. 3. That the detachments of militia and volunteer corps as aforesaid, shall be officered out of the present militia officers, or others, at the option and discretion of the constitutional authority in each state, respectively; the President of the United States apportioning the general officers among the respective states as he may deem proper.

SEC. 4. That $1,500,000 be appropriated for paying and subsisting such part of the troops aforesaid, whose actual service may be wanted; for the purchase of ordnance and other military stores; and for defraying such other expenses as, during the recess of Congress, the President may deem necessary for the security of the territory of the United States: to be applied, under the direction of the President, out of any money in the treasury not otherwise appropriated.

SEC. 5. That $25,000 be appropriated for erecting, at such place or places near the western waters as the President may judge most proper, one or more arsenals; and that the President cause the same to be furnished with such arms, ammunition, and military stores as he may deem necessary.

CHAPTER 39.-Approved, March 26, 1804.—Vol. 2, p. 290.

An Act in addition to "An Act for fixing the Military Peace Establishment of the United States."2

That there shall be appointed, in addition to the surgeon's mates provided for by the "Act fixing the military peace establishment of the United

1 16 March, 1802, chap. 9.

2 Repealed and supplied by chap. 32, 18 April, 1806, sec. 7. 30 March, 1808, and chap. 55, 10 April, 1812.

See also chap. 39,

States," as many surgeon's mates, not exceeding six,' as the President of the United States may judge necessary, to be attached to garrisons or posts, agreeably to the provisions of the said act.

SEC. 2. That an equivalent in malt liquor, or low wines, may be supplied the troops of the United States, instead of the rum, whiskey, or brandy which by the said act is made a component part of a ration, at such posts and garrisons, and at such seasons of the year, as, in the opinion of the President of the United States, may be necessary for the preservation of their health.2

[Approved, March 26, 1804.]

CHAPTER 20.-Approved, April 10, 1806.-Vol. 2, p. 259.

An Act for establishing rules and articles for the government of the armies of the United States.3

SEC. 1. Rules and articles by which the armies of the United States are to be governed after the passing of this act. ART. 1. Every officer to subscribe these rules and regulations. 2. Officers and soldiers diligently to attend divine service, and behave decently and reverently, under pain of reprimand, fine, &c. 3. Reprimand, fine, &c., for using profane oaths, or execrations, &c. 4. Chaplains absenting themselves, except, &c., liable to fine or discharge, &c. 5. Officers using contemptuous words against the President, Vice-President, Congress, &c., to be cashiered, &c., and non-commissioned officers and soldiers to suffer punishment by sentence of a court-martial. 6. Officers or soldiers behaving with disrespect towards commanding officers, to be punished by judgment of court-martial. 7. Death, &c., for beginning or exciting mutiny, &c. 8. Officers or soldiers present at a mutiny, and not endeavoring to suppress it, &c., to be punished with death, or otherwise, &c. 9. Officers or soldiers striking a superior, &c., to suffer death, or other punishment, &c. 10. Non-commissioned officers and soldiers to have the articles for the government of the armies read to them, and take an oath, &c. The justice, &c., to give a certificate that the oath was taken. 11. Non-commissioned officers and soldiers not to be dismissed the service without a discharge in writing. No discharge sufficient unless signed by a field officer, &c. No discharge, &c., before the term of service has expired, but by order of the President, &c. Commissioned officers not to be discharged the service, but by order of the President, &c. 12. Colonels, &c., quartered with their regiments, &c., may give furloughs to non-commissioned officers or soldiers, &c. Captains, &c., commanding, &c., may give furloughs to non-commissioned officers or soldiers, for 20 days in six months, but not, &c. 13. At every muster the commanding officer, &c., to give to the com

1 Twenty-five authorized by original act.

2 See original act, sec. 6, and chap. 14, sec. 8, 11 Jan. 1812; and for sugar and coffee, see 5 July, 1838, chap. 162, sec. 17, and sec. 4, chap. 163, 21 June, 1860; and see sec. 8, chap. 61, 14 April, 1818, and sec. 13, chap. 4, 3 Aug. 1861.

3 These rules and articles, with the exceptions indicated by the notes at foot, remain unaltered and in force at present.

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