(ACT of May 8th, 1792.)

vided. There shall be, to each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of, at least, fourteen hatids and an half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, à good saddle, bridle, mail pillion, and valise, holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box, to contain twelve cartridges for pistols. That each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the commander in chief of the state, not exceeding one company of each to a regiment, nor more in number than one-eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the colour and fashion to be determined by the brigadier commanding the brigade to which they belong.

5. SEC. v. Each battalion and regiment shall be provided with the state and regimental colors, by the field officers, and each company with a drum and fife, or bugle horn, by the commissioned officers of the company, in such manner as the legislature of the respective states shall direct.

6. SEc. vi. There shall be an adjutant general appointed in each state, whose duty it shall be to distribute all orders from the commander in chief of the state to the several corps; to attend all public reviews, when the commander in chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different returns, that may be required, and to explain the principles on which they should be made; to receive from the 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 adjutant general 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. [Infra, 24.]

7. SEC. VII. The rules of discipline, approved and established by congress, in their resolution of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be the rules of discipline to be observed by the militia throughout the United States; except such deviations from the said rules as may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the command

(ACT of January 2d, 1795.)

ing officer, at every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline.* [Repealed, See Infra, 31.}

8. SEC. VIII. All commissioned officers shall take rank according to the date 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 detachment.

9. SEC. IX. If any person, whether officer or soldier, belonging to the militia 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. [See title PENSIONS.] 10. SEC. x. It shall be the duty of the brigade inspector to attend the regimental 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 manuœvres, and introduce the sys. tem of military discipline, before described, 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 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. [Infra 24.]

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

11. SEC. II. Such corps shall retain their accustomed privileges, subject, nevertheless, to all other duties required by this act in like manner with the other militia.

ACT of January 2, 1795. 2 Bioren, 458.

An act to regulate the pay of the noncommissioned officers, musicians, and privates, of the militia of the United States, when called into actual service, and for other purposes.

12. SEC. 1. From and after the passing of this act, the allowance of bounty, clothing, and pay, to the noncommissioned officers, musicians, and privates, of the infantry, artillery, and cavalry, of the militia of the United States, when called into actual service,

The regulations, or system of exercise and discipline, formed by baron Steuben, at that time (March 29, 1779) inspector general of the army.

(ACT of February 28th, 1795.)

shall be at the rate per month, as follows: Each sergeant major and quartermaster 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; and farrier saddler and artificer, (included as a private,) eight dollars; each gunner, bombardier, and private, six dollars and sixty-six cents.

13. SEc. II. In addition to the monthly pay, there shall be allowed to each officer, noncommissioned 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 noncommissioned officer, musician, and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same.

14. SEC. 111. Whenever the militia shall be called into the actual service of 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 noncommissioned officer, musician, and private soldier, a days' pay and rations for every fifteen miles from his home to such place of rendezvous, and the same allowance for travelling home from the place of discharge.

ACT of February 28, 1795. 2 Bioren, 479.

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.

15. SEC. 1. Whenever the United 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 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 militia as he shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the president of the United States, on application of the legislature of such state, or of the executive, (when the legislature 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.

16. SEC. I. Whenever 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

(ACT of February 28th, 1795.)

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.

17. SEC. n. 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.

18. SEC. IV. The militia employed in the service of the United States, shall be subject to the same rules and articles of war as the troops of the United States. And no officer, noncommissioned officer, or private, of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any 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.

19. SEC. v. Every officer, noncommissioned officer, or private, of the militia, who shall fail 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 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 noncommissioned 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.

20. SEC. vi. Courts martial for the trial of militia shall be composed of militia officers only.

21. SEC. VI. All fines to be assessed as aforesaid, shall be certified by the presiding officer of the court martial before whom the same shall be assessed, to the martial 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, 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 noncommissioned 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 gaol, 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 per

(ACT of April 23d, 1808.)

sons condemned to fine and imprisonment at the suit of the United States may be committed.

22. SEC. vin. The marshals and 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. [Infra, 27.]

23. SEC. IX. The marshals of the several districts, and their depu ties, shall have the same powers, 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 the respective states.

ACT of March 2, 1803. 3 Bioren, 531.

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." [Supra 1.]

24. SEC. 1. It shall be the duty of the adjutant general of the militia, in each state, to make return of the militia of the state to which 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 be fore 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 di rections 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.

25. SEC. II. Every citizen duly enrolled in the militia, shall be constantly provided with arms, accoutrements, and ammunition, agreeably 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.

26. SEC. III. 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.

ACT of April 23, 1808. 4 Bioren, 169.

An act making provision for arming and equipping the whole body of the militia of the United States. [See Arms and Arsenals, 16. Ante page 33.]