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SECTION 1. Whenever a sufficient number of citizens of this District, above the age of eighteen years, shall wish to form themselves into a volunteer company, it shall be the duty of the commanding officer of the militia of this District to cause some suitable person to open a book, in which he shall enter the names of all persons able to perform military duty who may make application to become members of such company.
SEC. 2. As soon as such book shall be opened for volunteers, and the number required by this chapter shall have volunteered, the person so appointed shall fix a time and place for the meeting of the same, by giving at least ten days' notice thereof in some newspaper published in Washington City; and it shall be his duty to attend at such meeting, and present the book aforesaid containing the names of the volunteers.
SEC. 3. It shall be the duty of the person so appointed to attend and act as chairman of such meeting, and organize the same. If two-thirds of the persons so volunteering be present, they shall then proceed to the choice of their commissioned and non-commissioned officers, by ballot.
SEC. 4. It shall be the duty of the person so appointed, after such election shall have been determined, to make out in writing and sign
a certificate of election of each of the officers so elected, which certificate he shall deliver to the respective officers of the company. He shall also, within the next ten days, make out a return, stating the time of the formation and organization of the company, its name and numerical strength of rank and file, and the names of its commissioned and non-commissioned officers, and forthwith forward the same to the office of the adjutant general of the United States.
SEC. 5. The volunteer companies shall be armed and equipped in the same manner that similar corps are in the army of the United States, and shall consist of the following officers, non-commissioned officers, musicians, and privates, to wit: To each company of cavalry there shall be one captain, one first, one second, and one third lieutenant, four sergeants, four corporals, one trumpeter, and not less than forty nor more than eighty privates; to all other volunteer companies there shall be one captain, one first, one second, and one third lieutenant, four sergeants, four corporals, and not less than forty nor more than one hundred privates.
SEC. 6. Every volunteer company may adopt a constitution, and form by-laws, rules, and regulations, not inconsistent with the constitution of the United States and the laws of this District, for the government and improvement of its members in military science.
SEC. 7. Said constitution, by-laws, rules, and regulations, may fix the fines and penalties which shall be imposed on any member of the company for an infraction of any of the provisions thereof, and may also fix the fines which shall be imposed on any member for a failure to parade at any muster which may be called in accordance with the constitution, by-laws, rules, and regulations of the company. Fines, contributions, and dues may be collected in the name of the company, and shall be applied for the benefit of such company, under its direction. All contributions and dues imposed by the constitution, bylaws, rules, and regulations, shall be recoverable, as well as the fines, before any justice of the peace, if they do not exceed the sum of one hundred dollars.
SEC. 8. Whenever any volunteer company shall for twelve months together be reduced in strength below the minimum number required by law, or shall for the same time be without the requisite uniform, it shall be dissolved. It shall be the duty of the captain or commanding officer of such company to report any such fact, when it occurs, to the adjutant general of the United States.
SEC. 9. Every volunteer company shall be attached, if practicable, to that regiment in the bounds of which the whole or greatest number of the company resides.
SEC. 10. When any volunteer company of artillery, cavalry, infantry, or riflemen, shall become organized and uniformed, according to law, the captain or commanding officer thereof may petition the commanding officer of the militia of this District to furnish him, for the use of his company, with such a number of muskets, rifles, sabres, pistols, or other arms, with their accoutrements, or, if an artillery company, cannon or field pieces, and swords, with their necessary accoutrements and equipments, as his company may require, and set forth the regiment to which his company belongs, the number which it contains, and specific number and description of the arms and accoutrements requisite for it, which shall not be greater than the rank and file which his company shall contain. The commanding officer of the militia of this District, upon such application, shall furnish such officer with an order upon the Secretary of War for such arms and accoutrements, who shall deliver the same for the use of such company.
SEC. 11. Every commissioned officer elected under the provisions of this chapter shall be commissioned by the President of the United States, and shall take an oath to support the constitution of the United States and to discharge faithfully the duties of his office. A copy of his oath shall be endorsed on the commission.
SEC. 12. All officers or members of volunteer companies, when summoned or commanded, in accordance with the provisions of law, in case of war, insurrection, rebellion, or resistance to the execution of the laws of this District, shall render prompt assistance and full obedience to the authority so summoning or commanding them, under a penalty, in case of neglect or refusal to comply with such summons or command, of not exceeding two hundred dollars. If a person so neglecting or refusing be an officer, he shall also forfeit his commission; and if he be a private, he shall also be expelled from his
SEC. 13. Volunteer companies shall be uniformed as companies or corps of the same arm of the service are required to be by the regulations of the United States army, or as each of such companies. or corps may respectively determine upon for itself.
SEC. 14. It shall be the duty of volunteer companies to assemble for the purpose of muster, drill, and inspection, on at least two days in each year, and as much oftener as a majority of all the members of any such company may direct. There shall also be at least two regimental musters in each year.
SEC. 15. Volunteer companies shall conform their system of discipline and exercise to that of the army of the United States, as it is now, or shall hereafter be, prescribed by the Congress of the United States.
SEC. 16. All officers of volunteer companies shall take rank according to the date of their commissions, and when two of the same grade bear an equal date, then their rank shall be determined by lot, to be drawn by them before any three commissioned officers present. Officers of volunteer companies shall in all cases be deemed of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of commission.
SEC. 17. It shall be the duty of the commanding officer of any volunteer company heretofore formed in this District, forthwith to make out a return stating the time of the formation and organization of such company, its name and numerical strength of rank and file, and the names of its commissioned and non-commissioned officers, and forward the same to the office of the adjutant general of the United States; and on such compliance, such company shall be considered as formed under the provisions of this chapter, and shall be subject to its provisions provided, however, that nothing in the constitution, by-laws, rules, and regulations of such company shall conflict with the constitution and laws of the United States, or of this District.
SEC. 18. Every volunteer company armed and uniformed under the provisions of this chapter, besides its regular members, may enrol not exceeding one hundred contributing members, each of whom, on paying to the treasurer of the company, in advance, one dollar, shall be exempt from military duty and the payment of the fifty cents commutation money for that year, except that he may be drafted or detailed in case of war, insurrection, invasion, or resistance to the execution of the laws of this District. Upon such payment by any contributing member, the commandant of the company shall furnish him with a certificate of membership, which shall entitle him to such exemption for one year only.
SEC. 19. It shall be the duty of the commandant of each volunteer
company armed and uniformed under the provisions of this chapter, to furnisd to each one of the regular members of such company, once in every year, a certificate of membership, which shall entitle such. member to exemption from the commutation charge for that year. If any member of such company shall have served seven years, a certificate to that effect shall be given him by the commandant of such company, upon the application of such member, which shall have the effect provided in the chapter next preceding.
SEC. 20. Volunteer companies, armed and uniformed under the provisions of this chapter, shall be formed into regiments and brigades, separate from the ununiformed militia, under the direction of the commanding officer of the militia of this District. The captains and lieutenants of each volunteer company composing a regiment shall nominate the regimental officers, who shall be appointed and commissioned by the President of the United States, if approved of by him. Each company in any such election shall have one vote. The regimental officers of each uniformed regiment composing a brigade shall nominate a brigadier general, who shall be appointed and commissioned by the President of the United States, if approved of by him. Any person not subject to enrolment and the performance of military duty may be nominated, appointed, and commissioned under this section.
SEC. 21. Majors general, brigadiers general, and commanding officers of regiments or separate battalions, may appoint the staff officers of their respective divisions, brigades, regiments, or separate battalions.
SEC. 22. Any officer who shall be guilty of disobedience of orders, of a neglect of duty required of him, or of misconduct on duty, or who shall at any time be guilty of conduct unbecoming the character of an officer, shall be subject to arrest by his commanding officer, and to be tried by a court-martial; and for the regulation of the proceed. ings of such courts-martial, the rules now or hereafter to be established by the President of the United States or the War Department for the regulation or government of courts-martial in the army or militia of the United States, are hereby established, so far as practicable, for the militia of this District. Courts-martial may censure, cashier, or acquit such arrested officer.
SEC. 23. If any bystander at any muster or meeting of any company or corps, or board of officers, shall interrupt, molest, or insult