several officers of the different corps throughout the State, returns of the militia under their command, reporting the actual situation of their arms, accoutrements and ammunition, their delinquencies and every other thing which relates to the general advancement of good order and discipline: All which the several officers of the divisions, brigades, regiments and battalions, are hereby required to make in the usual manner, so that the said adjutantgeneral may be duly furnished therewith: From all which returns, he shall make proper abstracts, and lay the same annually before the commander in chief of the State.

7th Section-obsolete.

8. And be it further enacted, That all commissi- officers how oned officers shall take rank according to the date to take rank. of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company or detachınent.

wounds, &c.

9. And be it further enacted, That if any per- Provision in son, whether officer or soldier, belonging to the mi- case of litia of any State, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.

ty.

10. And be it further enacted, That it shall be Brigade inthe duty of the brigade inspector, to attend the re- spector's du gimental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutrements; superintend their exercise and manœuvres, and introduce the system of military discipline throughout the brigade, agreeable to law, and such orders as they shall, from time to time, receive from the commander in chief of the State; to make returns to the adjutant general of the State, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements and ammunition of the several corps, and

Artillery, &c.

every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline; and the adjutant general shall make a return of all the militia of the State, to the commander in chief of the said State, and a duplicate of the same to the President of the United States.

And whereas sundry corps of artillery, cavalry now existing, and infantry, now exist in several of the said States, which by the laws, customs or usages there of have not been incorporated with, or subject to the general regulations of the militia:

privileges.

to retain their 11. Be it further enacted, That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act in like manner with the other militia.

[Approved, May 8, 1792.]

१

Monthly pay

AN ACT

To regulate the pay of the non-commissioned officers, musicians and privates of the Militia of the United States, when called into actual service, and for other purposes.

1. Be it enacted by the Senate and House of Reof non-com- presentatives of the United States of America, in officers, &c. Congress assembled, That from and after the pas

missioned

sing of this act, the allowance of bounty, clothing and pay to the non-commissioned officers, musicians and privates of the infantry, artillery and cavalry of the militia of the United States, when called into actual service, shall be at the rate per month, as follows: Each sergeant-major and quarter-master sergeant, nine dollars; each drum and fife-major, eight dollars and thirty-three cents; each sergeant, eight dollars; each corporal, drummer, fifer and trumpeter, seven dollars and thirty-three cents;

each farrier, saddler and artificer, (included as a private,) eight dollars; each gunner, bombardier, and private, six dollars and sixty-six cents.

ance to the cavalry.

2. And be it further enacted, That in addition to Certain allow the monthly pay, there shall be allowed to each officer, non-commissioned officer, musician and private of the cavalry, for the use of his horse, arms and accoutrements, and for the risk thereof, except of horses killed in action, forty cents per day; and to each non-commissioned officer, musician and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same.

3. And be it further enacted, That whenever the Pay when to Militia shall be called into the actual service of commence. the United States, their pay shall be deemed to commence from the day of their appearing at the places of battalion, regimental or brigade rendezvous; allowing to each non-commissioned officer, musician, and private soldier, a day's pay and ra- Allowance tions, for every fifteen miles from his home to such place of rendezvous, and the same allowance for travelling home from the place of discharge. Sections 4, 5 and 6—Öbsolete.

[Approved, January 2, 1795.]

for travelling.

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.

dent may is

1. Be it enacted by the Senate and House of Re- In case of inpresentatives of the United States of America, in vasion presiCongress assembled, That whenever the United sue orders to States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful for the President of the United

militia offi

cers.

surrection a.

States to call forth such number of the Militia of the state or states, most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the In case of in- Militia, as he shall think proper. And in case of gainst a state, an insurrection in any state, against the government president may thereof, it shall be lawful for the President of the when applied to by the state United States, on application of the legislature of &c. call out such state, or of the executive, (when the legislathe militia of ture cannot be convened,) to call forth such number of the Militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection.

legislature,

other states.

President to

militia to sup

press combigainst the

nations a

laws of the

States.

2. And be it further enacted, That whenever the call out the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the President of the United States to call forth the Militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of Militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of congress.

To issue proclamation.

Militia when

in service, to

war.

3. Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time.

4. And be it further enacted, That the militia be subject to employed in the service of the United States, shall the articles of be subject to the same rules and articles of war, as Term of ser the troops of the United States: And that no officer, non-commissioned officer, or private of the militia, months, &c. shall be compelled to serve more than three months, after his arrival at the place of rendezvous, in any

vice not to

exceed 3

one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.

not obeying

in the cases

5. And be it further enacted, That every officer, Penalty on non-commissioned officer, or private of the militia, the orders of who shall fail to obey the orders of the President the president of the United States, in any of the cases before before recited. recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined 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 the said court: And such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every five dollars of such fine..

al.

6. And be it further enacted, That courts martial Courts marti for the trial of militia shall be composed of militia officers only.

how to be le

7. And be it further enacted, That all fines to be Fines assessed assessed as aforesaid, shall be certified by the pre- vied. siding officer of 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 chattels of the delinquent; which costs, and the manner of proceeding, Altered-see with respect to the sale of the goods distrained, act 2d Feb. 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 adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the marshal of the district, or his deputy, may commit such delinquent to goal, during the term for which he shall be so adjudged to imprison

1813.