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(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. 11. 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. lil. 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.
Hommissione dental, or bring of their apeir pay
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 uf 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 legisla. ture 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. 11. 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. ni. 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 rendez. vous, 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 exceedingtwelve months, at the discretion of the said court: An.! 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. vii. All fines to be assessed as aforesaid, shall be cer. tified 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 whereot 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
2,or his de in a book to the same diseputies, and alshich the
(ACT of April 23d, 1808.) sons condemned to fine and imprisonment at the suit of the United States may be committed.
22. Sec. víu. 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 depuies, 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 upiform inilitia 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 ad. dition, 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. ini, 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.)
ACT of February 2, 1813. 4 Bioren, 495. An act supplementary to an act, entitled “ An act to provide for calling forth the
militia to execute the laws, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," and to increase the pay of volunteer and militia corps.
27. Sec. 1. In every case in which a court martial shall have adjudged and determined a fine against any officer, noncominissioned officer, musician, or private, of the militia, for any of the causes specified in the act to which this act is a supplement, or in the fourth section of an act, entitled “ An act to authorise a detachment from the militia of the United States," all such fines, so assessed, shall be certified to the comptroller of the treasury of the United States, in the same manner as the act to which this act is a supplement directed the same to be certified to the supervisor of the revenue.
ACT of April 18, 1814. 4 Bioren, 701. 28. Sec. 1. In addition to the officers of the militia provided for by the act, entitled “ An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States,” [Supra 3.) approved May the eighth, one thousand seven hundred and ninety-two, and by an act in addition to the said recited act, approved March the second, one thousand eight hundred and three, [Supra 24.) there shall be, to each division, one division inspector, with the rank of lieutenant colonel, and one division quartermaster, with the rank of major; to each brigade, one aid de camp, with the rank of captain; and the quartermasters of brigade, heretofore provided for by law, shall have the rank 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.
ACT of April 20, 1816. Pamphlet edit. 68.
An act concerning field officers of the militia. 29. Sec. 1. From and after the first day of May next, instead of one lieutenant colonel commandant to each regiment, and one major to each battalion of the militia, as is provided by the act, entitled “ An act more effcctually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the eighth, one thousand seven hundred and ninety-two, there shall be one colonel, one lieutenant colonel and one major to each regiment of the militia, consisting of two battalions. Where there shall be only one battalion, it shall be commanded by a major: Provided, that nothing contained herein shall be construed to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next.
ACT of April 29, 1816. Pamphlet edit. 115. An act concerning the annual sum appropriated for arming and equipping the
militia. [See ARMS and ARSENALS, 16.) Sec 1. The annual sum of two hundred thousand dollars, as appropriated for the purpose of providing arms and military equipments for the militia, either by purchase or manufacture, accord. ing to the act of the twenty-third of April, one thousand eight hundred and eight, entitled " An act making provision for arming and equipping the whole body of the militia of the United States, shall be paid, for each year, respectively, out of any moneys in the treasury not otherwise appropriated.
Sec. 11. The sum appropriated to be paid as aforesaid, shall be applied for the purpose, and according to the intention specified in said act, without being liable at any time to be carried to the account of the surplus fund. And nothing in the act of the third of March, one thousand eight hundred and nine, entitled “ An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments,” shall be construed to authorise the transferring of the sum annually appropri. ated as aforesaid, or any purtion thereof, to any other branch of expenditure.
ACT of April 20, 1818. Pamphlet edit. 132. 30. Sec. 1. 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 cases of calls made by the 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, That nothing herein contained shall be considered as authorising any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws tu be paid for after their arrival at such place of rendezvous.
ACT of May 12, 1820. Pamphlet edit. 72. An act to establish an uniform mode of discipline and field exercise for the militia
of the United States. 31. Sec. 1. The system of discipline and field exercise which is and shall be ordered to be observed by the regular army of the United States, in the different corps of infantry, artillery, and rifiemen, shall also be observed by the militia, in the exercises and discipline of the said corps, respectively, throughout the United States.
Sec, 11. So much of the act of congress, approved the eighth