Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

S. SECT. II. The vice president of the united states; the officers, judicial and executive of the government of the united states; the members of both houses of congress, and their respective officers; all custom-house officers with their clerks ; all post-officers, and stage-drivers, who are employed in the care and conveyance of the mail of the postoffice of the united states; all ferrymen employed at any ferry on the post-road; all inspectors of exports; all pilots; all mariners actually employed in the sea-service of any citizen or merchant within the united states; and all persons who now are or may hereafter be exempted by the laws of the respective states, shall be, and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years.

4. SECT. III. Within one year after the passing of this act, the militia of the respective states shall be arranged into divisions, brigades, regiments, battalions and companies, as the legislature of each state shall direct; and each division, brigade and regiment, shall be numbered at the formation thereof; and a record made of such numbers in the adjutant-general's office in the state; and when in the field or in service in the state, each division, brigade and regiment shall, respectively take rank according to their numbers, reckoning the first or lowest number highest in rank. If the same be convenient, each brigade shall consist of four regiments; each regiment of two battalions; each battalion of five companies; each company of sixty-four privates. The said militia shall be officered by the respective states, as follows: To each division, one major-general and two aids-de-camp, with the rank of major; to each brigade, one brigadier-general, with one brigade-inspector, to serve also as brigade-major, with the rank of a major; to each regiment, one lieutenant-colonel commandant; and to each battalion one major; to each company one captain, one lieutenant, one ensign, four serjeants, four corporals, one drummer and one fifer or bugler. There shall be a regimental staff, to consist of one adjutant and one quarter-master, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one serjeant-major; one drum-major, and one fife-major.

5. SECT. IV. Cut of the militia enrolled, as is herein directed, there shall be formed for each battalion at least one company of grenadiers, light infantry or riflemen; and to each division, there shall be at least one company of artillery, and one troop of horse: There shall be to each company of artillery, one captain, two lieutenants, four serjeants, four corporals, six gunners, six bombardiers, one drummer and one fifer. The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge-box to contain twelve cartridges; and each private or matress shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be to cach troop of horse, one captain, two lieutenants, one cornet, four serjeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least fourteen hands and an half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with Learskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a 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. 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 color and fashion to be determined by the brigadier commanding the brigade to which they belong.

6. SECT. 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.

7. SECT. 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.

8. SECT. 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 commanding 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.

9. SECT. 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.

10. SECT. IX. If any person, whether officer or soldier, belonging to le 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.

11. SECT. 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 armas, ammunition and accoutrements; superintend their exercise and manœuvres, and introduce the system 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 adju tant-general shall make a return of all the militia of the state,to the com mander in chief of the said state, and a duplicate of the same to the president of the united states.

12. SECT. XI. 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: It is 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.

ACT of January 2, 1795. (Vol. III. p. 147.)

13. SECT. I. From and after the passing of this act, the allowance of bounty, clothing and pay to the non-commissioned officers, musi cians 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 serjeant-major and quartermaster-serjeant, nine dollars; each drum and fife-major, eight dollars, and thirtythree cents; each serjeant, 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.

14. SECT. II. In addition to 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.

15. SECT. III. 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 non-commissioned oflicer, musician and private soldier, a day's 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.

The remaining sections are obsolete.

ACT of February 28, 1795. (Vol. III. p. 188.)

16. SECT. I. 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.

SECT. II. Whenever the laws of the united states shall be opposed er 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 nextsession of congress.

17. SECT. III. Provided always, 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.

18. SECT. 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.

19. No cfficer, non-commissioned 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.

20. Secт. V. Every officer, non-commissioned 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 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 Ane.

21. SECT. VI. Courts martial for the trial of militia shall be composed of militia officers only.

22. SECT. VII. All fines to be assessed, as aforesaid, shall be certi fied by the presiding 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, 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 persons condemned to fine and imprisonment, at the suit of the united states, may be committed.

23. SECT. VIII. 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.

24. SECT. IX. The marshals of the several districts, and their de puties, 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.

SECT. X. is a repealing clause.

ACT of July 6, 1798. (Vol. IV. p. 138.)

25. SFCT. I. There shall be provided, at the charge and expense of the government of the united states, thirty thousand stand of arms, which shall be deposited by order of the president of the united states, at suitable places; for the purpose of being sold to the governments of the respective states, or the militia thereof, under such regulations, and at such prices as the president of the united states shall prescribe.

26. SECT. II. The president of the united states shall be, and he is hereby authorized to cause all or any part of the arms herein directed to be provided and deposited for sale, which shall, at any time, remain unsold, to be delivered to the militia, when called into the service of the united states, proper receipts and security being given for the return of the same.

« ΠροηγούμενηΣυνέχεια »