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of captain. And it shall be incumbent on 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.]
CHAPTER 82.- Approved, April 18, 1814.-Vol. 3, p. 134.
An Act in addition 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."2
That courts-martial, to be composed of militia officers alone, for the trial of militia drafted, detached, and called forth for the service of the United States, whether acting in conjunction with the regular forces or otherwise, shall, whenever necessary, be appointed, held, and conducted in the manner prescribed by the rules and articles of war for appointing, holding, and conducting courts-martial for the trial of delinquents in the army of the United States.
Sec. 2. That in all cases in the militia where an offence is punishable by stoppage of pay, or by imposing a fine limited by the amount of pay, the same shall be taken to have relation to the monthly pay existing at the time the offence was committed.
Sec. 3. That if any delinquent directed to be summoned to appear before a court-martial for neglect or refusal to obey the orders of the President of the United States in any of the cases recited in the first, second, third, and fourth sections of the 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," passed February 28, 1795, shall be absent when any non-commissioned officer shall call to summon him, it shall be a sufficient summoning of such delinquent if the non-commissioned officer leave a copy of the summons, or a written notice thereof, signed by him, with some person of suitable age and discretion, at the usual place of abode of such delinquent, at least ten days previous to the day of appearance. And in case of the non-appearance of such delinquent, the court-martial may proceed with his trial in the same manner as if he had appeared and plead not guilty to the charge exhibited against him.
Sec. 4. That it shall be the duty of the President of any court-martial for the trial of militia, if required, and upon his being duly satisfied that such testimony is material to the trial, to issue his precept, directed to any person to be summoned as a witness, commanding his or her attendance at such court to testify for or against the person to be tried, as the case may be; and any witness having been duly summoned, and failing to appear, without a reasonable excuse, shall forfeit and pay a sum not exceeding $50, to be sued for and recovered in the name of the United States, by bill, plaint, or information, in any court of competent jurisdiction. And if any witness, when called upon for that purpose, shall refuse to testify, or shall behave with contempt to the court, or if any other person
1 28 February, 1795, chap. 36.
2 Expired: see sec. 13.
shall use 'any menacing words, signs, or gestures, in presence thereof, or shall cause any riot or disorder therein, it shall be lawful for such court to punish every such offender by imprisonment for a term not exceeding one month, at the discretion of the court.
Sec. 5. That for the purpose of carrying into execution the sentence, judgment, or order of any such court-martial, for any of the offences specified in the last clause of the preceding section of this act, it shall be lawful for the court to issue an order to any commissioned officer of militia not below the rank of captain, commanding him to carry the same into effect by military force, whose duty it shall be to obey the same, and execute the order accordingly.
Sec. 6. That on the trial of delinquents for offences not capital, by any such court-martial, the deposition of witnesses taken before a justice of the peace or other person authorized to take affidavits to be read in any court of record in the state where the same shall be taken, may be read in evidence, provided the prosecutor and person accused are present at taking the same, or are duly notified thereof. And, further, that the returns of captains, or other commanding officers of companies, of delinquents drafted or ordered into the service of the United States, who shall have refused or neglected to enter the same, sworn to as aforesaid, shall be competent evidence of the facts therein contained.
Sec. 7. That if any person shall wilfully swear false before any such court-martial, or in any affidavit or deposition taken as aforesaid, he or she shall be adjudged to be guilty of wilful and corrupt perjury, and shall be indicted, tried, and punished accordingly, by any court of competent jurisdiction in the state where such offence shall be committed.
Sec. 8. That the militia, when called into the service of the United States by virtue of the before-recited act, may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after their arrival at the place of rendezvous in any one year.
Sec. 9. Regimental chaplains in the militia which have been or shall be called into the service of the United States shall receive the same monthly pay and rations as a captain of infantry, with the addition of forage for one horse ; and whenever called forth into the service of the United States, division quartermasters shall be entitled to the pay, emoluments, and allowances of a deputy quartermaster-general; brigade quartermasters, to the pay, emoluments, and allowances of an assistant deputy quartermastergeneral; and regimental quartermasters, to the pay, emoluments, and allowances of a lieutenant of infantry, and $16 per month in addition thereto, and forage for one horse; division inspectors shall be entitled to the pay, emoluments, and allowances of a lieutenant-colonel of infantry; brigade-majors, to the pay, emoluments, and allowances of a major of infantry; aids-de-camp to brigadier-generals, to the pay, emoluments, and allowances of a captain of infantry, with an addition of $16 per month, and forage for one horse.
Sec. 10. That the expenses incurred or to be incurred by marching the militia of any state or territory of the United States to their places of rendezvous, in pursuance of a requisition of the President of the United States, or which shall have been or may be incurred in case of calls made by 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 place of rendezvous, on the requisition of the President of the United States : Provided, Nothing herein contained shall be considered as authorizing any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous.
Sec. 11. That in all cases where a brigade of militia shall be called forth for actual service, it shall be the duty of the brigade-major of such brigade to inspect and muster the same, and sign the muster rolls conformably to the provisions of the act entitled “An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States.''! If less than a brigade be called forth, then it shall be the duty of a brigade-major of the district wherein such militia may rendezvous, to inspect and muster the same, and sign the muster rolls ; two musters to be made in the manner aforesaid, one on the assembling and the other on the discharge of the militia. If there should be no brigade-major in the vicinity, the commanding officer may direct any officer under the rank of lieutenantcolonel, whether of the regular troops or militia, to inspect and muster the militia so called forth.
Sec. 12. That any commissioned officer, non-commissioned officer, musician, or private of the militia of the United States, who shall have committed an offence while in the actual service of the United States, may be tried and punished for the same, although his term of service may have expired, in like manner as if he had been actually in the service of the United States.
Sec. 13. That this act be continued in force for and during the present war, and no longer.
[Approved, April 18, 1814.]
CHAPTER 10.-Approved, December 10, 1814.– Vol. 3, p. 146.
An Act making further provisions for filling the ranks of the army of the United
1. Recruits able-bodied men between eighteen and fifty. 2. Minors allowed four days
to retract. 3. Act of 1813, requiring the consent of parents, &c., repealed. Apprentice's master to receive part of the bounty money.
That, from and after the passing of this act, each and every commissioned officer who shall be employed in the recruiting service shall be, and he hereby is, authorized to enlist into the army of the United States any free, effective, able-bodied man between the ages of eighteen and fifty years; which enlistment shall be absolute and binding upon all persons under the age of twenty-one years as well as upon persons of full age, such recruiting officer having complied with all the requisitions of the laws regulating the recruiting service.
18 May, 1792, chap. 33.
Sec. 2. That it shall not be lawful for any recruiting officer to pay or deliver to a recruit under the age of twenty-one years, to be enlisted by virtue of this act, any bounty or clothing, or in any manner restrain him of his liberty, until after the expi. ration of four days from the time of his enlistment; and it shall be lawful for the said recruit at any time during the said four days to reconsider and withdraw his enlistment, and thereupon he shall forth with be discharged and exonerated from the same.
Sec. 3. That so much of the fifth section of the act passed the 20th of January, 1813, entitled “An act supplementary to the act entitled 'An act for the more perfect organization of the army of the United States,'” as requires the consent, in writing, of the parent, guardian, or master, to authorize the enlistment of persons under the age of twenty-one years, shall be, and the same is hereby, repealed.
Provided, however, That, in case of the enlistment of any person held to service as an apprentice, under the provisions of this act, whenever such person, at the time of his enlistment, shall be held by his indenture to serve for any term between two and three years, his master shall be entitled to receive one-half of the money bounty; if held, in like manner, to serve between one and two years, the master shall be entitled to receive onethird of the money bounty as aforesaid; and if held, in like manner, to serve one year or less, the master shall be entitled to receive one-fourth of the money bounty as aforesaid.
Sec. 4. That in lieu of the bounty of one hundred and sixty acres of land, now allowed by law, there shall be allowed to each non-commissioned officer and soldier hereafter enlisted, when discharged' from service, who shall have obtained from the commanding officer of his company, battalion, or regiment, a certificate that he had faithfully performed his duty whilst in service, three hundred and twenty acres of land, to be surveyed, laid off, and granted, under the same regulations, and, in every respect, in the manner now prescribed by law; and the widow and children, and, if there be no widow nor child, the parents, of every noncommissioned officer and soldier, enlisted according to law, who may be killed or die in the service of the United States, shall be entitled to receive the three hundred and twenty acres of land as aforesaid; but the same shall not pass to collateral relations, any law heretofore passed to the contrary notwithstanding.
Sec. 5. That any person subject to militia duty, who shall, according to law, furnish a recruit for the army of the United States, at his own expense, to serve during the war; shall thereafter be exempt from militia duty during the war, and every recruit, thus furnished, shall be delivered to some recruiting officer of the United States, who shall immediately grant his receipt for such recruit to the person furnishing him, and shall forthwith report the same to the department of war, and shall specify in the report the name of such person, and his place of residence, as well as the name and description of the recruit; whereupon it shall be the duty of the secretary for the department of war to grant to the person furnishing such recruit a certificate of exemption from militia duty during the war, upon calls made upon the authority of the United States, which certificate shall be good and available to all intents and purposes for that object. And every recruit thus furnished shall be entitled to the bounty in land, in the same manner, and upon the same conditions, as the other recruits in the army of the United States.
1 Chap. 12 : see sec. 5, chap. 78, 28 Sept. 1850, post. 2 By the 11 Jan. 1812, chap. 14, sec. 12. See ante, and n. 8.
[Approved, December 10, 1814.]
CHAPTER 13.—Approved, December 13, 1814.– Vol. 3, p. 151.
An Act directing the Staff Officers of the Army to comply with the requisitions of naral
and marine officers, in certain cases. That it shall be the duty of the several officers of the staff of the army of the United States, to provide the officers, seamen, and marines of the navy of the United States, when acting, or proceed. ing to act, on shore, in co-operation with the land troops, upon the requisition of the commanding naval or marine officer of any such detachment of seamen or marines, under orders to act as aforesaid, with rations, also the officers and seamen with camp equipage, according to the relative rank and station of each, and the military regulations in like cases, together with the necessary transportation, as well for the men as for their baggage, provisions, and cannon: Provided, nevertheless, That the contract price of the rations which may be furnished shall be reimbursed out of the appropriations for the support of the navy.
Sec. 2. That the respective quartermasters of the army shall, upon the requisition of the commanding naval officer of any such detachment of seamen or marines, furnish the said officer and his necessary aids with horses, accoutrements, and forage, during the time they may be employed in co-operating with the land troops as aforesaid.
I Expired with the war.