next in rank, shall have the superintendence' of the said military academy, under the direction of the President of the United States; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be directed by the President of the United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said institution.

SEC. 29. That so much of any act or acts now in force, as comes within the purview of this act, shall be, and the same is hereby, repealed; saving, nevertheless, such parts thereof as relate to the enlistments, or term of service, of any of the troops which by this act are continued on the present military establishment of the United States.

[Approved, March 16, 1802.]

CHAPTER 52.-Approved, May 3, 1802.-Vol. 2, p. 195.

An Act additional to and amendatory of “An Act entitled an Act concerning the District of Columbia."

SEC. 13. That the President of the United States be authorized to cause the militia of the respective counties of Washington and Alexandria to be formed into regiments and other corps, conformably, as nearly as may be, to the laws of Maryland and Virginia, as they stood in force in the said counties, respectively, on the first Monday in December, in the year one thousand eight hundred; and that he appoint and commission, during pleasure, all such officers of the militia of the said District, as he may think proper; that he be authorized to call them into service, in like manner as the Executive of Maryland or Virginia were authorized in the counties of Washington and Alexandria, respectively, on the first Monday of December, one thousand eight hundred. And that such militia, when in actual service,

1 See further of instructors, the 20 July, 1840, chap. 5, sec. 2, and for the pay of, see 3 March, 1851, chap. 22.

See 9 May, 1794, chap. 24; 30 May, 1796, chap. 39; 3 Mar. 1797, chap. 16; 2 Mar. 1799, chap. 27; 3 Mar. 1799, chap. 48; 12 Mar. 1808, chap. 43; 11 Jan. 1812, chap. 14; 24 April, 1816, chap. 69; 2 Mar. 1821, chap. 13.

2 Chap. 15, 27 Feb. 1801.

be entitled to the same pay and emoluments as the militia of the United States, when called out by the President. [Approved, May 3, 1802.]

CHAPTER 13.-Approved, Feb. 28, 1803.-Vol. 2, p. 206.

An Act in addition to an Act entitled "An Act fixing the military peace establishment of the United States."

That there be added to the regiment of artillerists, two teachers of music, whose pay, rations, and clothing, shall be the same as is by law allowed to the teachers of music in the regiments of infantry in the service of the United States.

SEC. 2. That the President of the United States be, and he is hereby, authorized to appoint one teacher of the French language, and one teacher of drawing, to be attached to the corps of engineers, whose compensation shall not exceed the pay and emolument of a captain in the line of the

army.

SEC. 3. That the commanding officer of the corps of engineers be authorized to enlist, for a term not less than three years, one artificer, and eighteen men, to aid in making practical experiments, and for other purposes; to receive the same pay, rations, and clothing, as are allowed to the artificers and privates in the army of the United States; and the same bounty when enlisted for five years, and to be subject to the rules and articles of war.2

SEC. 4.3 That the President of the United States be, and he is hereby, authorized to allow to the paymaster of the army, the adjutant and inspector of the army, and the military agent at Philadelphia, such sums, not exceeding in the whole $3000, for clerk hire, as their respective duties may, in his opinion, reasonably require.

CHAPTER 15.-Approved, March 2, 1803.-Vol. 2, p. 207.

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."

1. The adjutant-general of the militia in each state, to make returns to the President annually, &c. The secretary of war to give directions to the adjutantgenerals, &c., and lay an abstract before Congress annually. 2. Citizens duly enrolled in the militia, to be constantly provided with arms, &c., after being notified, &c. Notice to muster, according to the laws of a state, &c., deemed a legal notice of enrolment. 3. Quartermasters and chaplains to the militia, &c. That it shall be the duty of the adjutant-general of the militia,

1 Chap. 9, 16 March, 1802, ante.

2 See 29 April, 1812, chap. 72, sec. 1.

3 Superseded by subsequent provisions in the civil list. 4 See act of May 8, 1792, chap. 33, ante.

in each state, to make return of the militia of the state to which he belongs, with their arms, accoutrements, and ammunition, agreeable to the directions of the act to which this is an addition, to the President of the United States, annually, on or before 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 directions 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.

SEC. 2. That every citizen duly enrolled in the militia, shall be constantly provided with arms, accoutrements, and ammunition, agreeable 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.

SEC. 3. That, 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.

[Approved March 2, 1803.]

CHAPTER 20.-Approved, March 3, 1803.-Vol. 2, p. 215.

An Act more effectually to provide for the organization of the Militia in the District

of Columbia.1

1. Militia of District of Columbia may be organized by the President of the United States. 2. May appoint officers to cavalry, artillery, &c. Uniform, how to be provided. Conditions of enrolment. Whence he cannot withdraw, under a penalty of ten dollars. Legionary commanders--their duty. 3. Alterations in battalion and company districts, in what cases to be made. Militia districts-how designated. 4. Commanding officers of companies shall regulate duty, and how. Removal of militiamen, how to be notified. Certificates of service provided. Penalty on refusal of certificate. 5. Officers shall be sworn into office. Oath. Oath, how certified. 6. Who shall be enrolled in the militia. 7. Mode of proceeding against delinquents. General courts-martial, how constituted for superior

1 See supplementary act, chap. 113, 1 July, 1812.

ance.

officers. Field-officers and staff. Their powers. Captains and subalterns. Brigade court-martial. Evidence, how to be obtained. Penalties. 8. Courts of inquiry. When and how held. Oath of members. Legionary courts of inquiry. Extraordinary inquiry court. Duties of courts of inquiry. May remit fines and exempt from duty. 9. Clerk and provost-marshal shall be appointed by ballot. List of fines to be kept, and by whom. 10. Fines incurred heretofore, how disposed of. 11. Musters, and at what periods. Muster of inspection in May. Legionary muster in October. Muster to continue one day only. Notice, how given, and when. Notices in writing to commanding officers. Penalty on omitting to give notice. Appearance at muster. Forms to be observed in returns. Returns to be certified. 12. Returns of companies, how and when made. Returns of legions. 13. Non-commissioned officers, appointment of. Neglect of duty, penalty on. 14. Officers to meet for training once a year. Training three days, eldest officer shall call the roll. Penalty on non-attend15. Misconduct of officers, how treated. 16. Non-commissioned officers, how treated for misconduct. Penalty. 17. Spectators or bystanders interrupting or insulting, liable to punishment. Parade limits. 18. Officers on duty shall be in uniform. Penalty. 19. Brigade inspector. Legionary staff. Duties of brigade inspector. Penalty on neglect of duty. Adjutant, his duty. Penalty on neglect. 20. Delinquencies, forfeitures, and penalties on. Commanders of corps. Major's neglect. Captain's neglect. Subaltern's neglect. Non-commissioned officer's neglect. Penalties. 21. Fines of persons under age, how paid. 22. Legionary court of inquiry to appoint a collector, and when. Allowance of six per cent. Collector a defaulter, to be sued, and how. Fines not paid, how recoverable. Collector to give bond and security. 23. Fines to be a fund for salaries of officers, musicians, &c., also for furnishing the necessary equipage, &c. Paymaster of the legion shall settle his accounts once in three months. Shall give bond and security. Two and a half per centum allowed on disbursements. 24. President authorized to call forth the militia on an invasion, &c. And to appoint certain officers with pay. Militia when called forth, how governed. Courts-martial. Pay and rations of the militia. Power of the commanding officer of the district, in case of invasion or insurrection. 25. Arms, &c., always exempt from exccution, and persons from civil arrests while in service. 26. Brigadier-generals may employ couriers. Their compensation. 27. Non-commissioned officers and privates of battalions shall on duty appear in uniforms, or be fined. 28. Courts of inquiry may bind young men and boys to learn military music. Their fathers exempt from militia duties. Courts of inquiry to provide for the musicians. Compensation. 29. Each commissioned officer to be furnished with the articles of war and militia law.

That it shall and may be lawful for the President of the United States, whenever an increase of the militia of the territory, or other circumstance, shall in his opinion make it necessary, to lay off the said militia into additional companies, battalions, regiments, or legions and brigades, and shall appoint and commission, during pleasure, the proper officers for the

same.

SEC. 2. That the President of the United States shall, when

he may deem it necessary, appoint the proper officers, to compose at least one troop of cavalry, one company of artillery, one company of light infantry, and one company of grenadiers or riflemen, to each legion, which officers shall proceed by voluntary enlistment, within their legion, to complete their company or companies with the least possible delay, and every person belonging to the said companies shall wear, while on duty, such caps, or hats, and uniforms, to be purchased at their own expense, as the commanding officer of the brigade, to which they belong, shall determine on and direct; and the said companies. shall perform the same routine of duty, and be subject to the same rules, regulations, penalties, and orders, as the rest of the militia; the President may, nevertheless, order them, or any of them, out on duty, as occasion, in his opinion, may require, by entire companies: that no person belonging to any battalion company, shall, under color of enlisting into any company, to be made up by voluntary enrolment, be excused from doing duty in the infantry, and in the company in which he had been enrolled, or might be enrolled, until he shall have equipped himself for service, in such volunteer company, according to law, and shall have produced a certificate thereof, from the commanding officer of such company, to the commanding officer of the battalion company, to which he did or might properly belong; and no person having enlisted in any volunteer company, shall be permitted to withdraw himself from the same, under the penalty of ten dollars, unless in case of removal from his legionary district, to be recovered as other fines imposed by this act, upon the evidence of the commanding officer of the company, from which he shall so withdraw; which commanding officer shall return all such cases to the first battalion court of inquiry, that shall sit thereafter. And the commanders of the respective legions shall direct by order, to the different commanders of battalions, to what battalions the different volunteer companies shall be attached and shall parade with on battalion duty; and shall direct how they shall be posted on legionary parades, unless differently ordered by the brigadier-general.

SEC. 3. That where any battalion or company districts, or alteration in districts actually laid off, may hereafter be found necessary, the commanding officers of legions shall assemble the commanding officers of battalions and companies at some fit