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ject to rules of war, and to serve till discharged by proclamation: Provided. Their pay. 4. Penalty for disobedience of President's orders. 5. How courtmartial to be composed, 6. How fines to be collected and paid. 7. Marshals in their districts to have the authority of sheriffs.

That whenever, by reason of unlawful obstructions, combinations or assemblages of persons, or rebellion against the authority of the government of the United States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any state or territory of the United States, it shall be lawful for the President of the United States to call forth the militia of any or all the states of the Union, and to employ such parts of the land and naval1 forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever state or territory thereof the laws of the United States may be forcibly opposed or the execution thereof forcibly obstructed.

SEC. 2. That whenever, in the judgment of the President, it may be necessary to use the military force hereby directed to be employed and called forth by him, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time.

SEC. 3. That the militia so called into 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 be continued in the service of the United States until discharged by proclamation of the President: Provided, That such continuance in service shall not extend beyond sixty days after the commencement of the next regular session of Congress, unless Congress shall expressly provide by law therefor: And provided, further, That the militia so called into the service of the United States shall, during their time of service, be entitled to the same pay, rations, and allowances for clothing as are or may be established by law for the army of the United States.

SEC. 4. That every officer, non-commissioned officer, or pr vate of the militia, who shall fail to obey the orders of the

1 See chap. 39, 3 March, 1807. See chap. 201, July, 1862.

2 Sec. 4, 5, and 7 of this act are the same as sec. 5, 6, and 9 of chap. 36, 28 Feb.

ment may be reduced to a number not exceeding twenty-five thousand men, unless otherwise ordered by Congress.

SEC. 7. That the President of the United States shall cause regiments. battalions, and companies to be disbanded, and officers, non-commissioned officers, musicians, and privates to be discharged, so as to reduce the military establishment as is provided by the preceding section: Provided. That all of the officers of the regular army who have been or may be detached or assigned to duty for service in any other regiment or corps shall resume their positions in the regular army, and shall be entitled to the same rank, promotion, and emoluments as if they had continued to serve in their own regiments or corps.

SEC. 8. That the enlistments for the regiments authorized by this act shall be in charge of the officers detailed for that purpose who are appointed to said regiments from civil life; and that in the mean time the officers appointed to the same from the regular army shall be detailed by the commanding general to such service in the volunteer regiments now in the field, as will, in his judgment, give them the greatest military instruction and efficiency; and that the commanding general may, in his discretion, employ said officers with any part of the regu lar forces now in the field, until the regiments authorized by this act shall have been fully recruited, and detail any of the officers now in the regular army to service with the volunteer regiments now in the field, or which may hereafter be called out, with such rank as may be offered them in said volunteer regiments, for the purpose of imparting to them military instruction and efficiency.

[Approved, July 29, 1861.]

CHAPTER 25.-Approved, July 29, 1861.-Vol. 2, p. 281.

An Act to provide for the suppression of rebellion against, and resistance to, the laws of the United States, and to amend the Act entitled “ An Act to provide for calling forth the militia to execute the laws of the Union," &c., passed February twenty-enght, seventeen hundred and ninety-five.3

1 President may call forth the militia and use the land and naval forces. 2. He is to command, by proclamation, the insurgents to disperse. 3. Militia to be sub

1 This was intended to be obligatory.

* Chap. 36.

ject to rules of war, and to serve till discharged by proclamation: Provided. Their pay. 4. Penalty for disobedience of President's orders. 5. How courtmartial to be composed. 6. How fines to be collected and paid. 7. Marshals in their districts to have the authority of sheriffs.

That whenever, by reason of unlawful obstructions, combinations or assemblages of persons, or rebellion against the authority of the government of the United States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any state or territory of the United States, it shall be lawful for the President of the United States to call forth the militia of any or all the states of the Union, and to employ such parts of the land and naval1 forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever state or territory thereof the laws of the United States may be forcibly opposed or the execution thereof forcibly obstructed.

Src. 2. That whenever, in the judgment of the President, it may be necessary to use the military force hereby directed to be employed and called forth by him, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited

time

Sic 3. That the militia so called into 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 be continued in the service of the United States until discharged by proclamation of the President: Provided. That such continuance in service shall not extend beyond sixty days after the commencement of the next regular session of Congress, unless Congress shall expressly provide by law therefor: And provided, further, That the militia so called into the service of the United States shall, during their time of service, be entitled to the same pay, rations and allowances for clothing as are or may be established by law for the army of the United States.

Sie 4 That every officer, non-commissioned officer, or private of the militia, who shall fail to obey the orders of the

1. See el ap 39. ↑ March, 1807 See chap 201, July, 1×#2.

1 xer, 4, 5, an 1 7 of this act are the same as see 3, 6, and 9 if chap. 4, 2a Feb

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 be liable to be cashiered by a sentence of court-martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the court; and such non-commissioned officer and private shall be liable to imprisonment by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every twenty-five dollars of such fine.

SEC. 5. That courts-martial for the trial of militia shall be composed of militia officers only.

SEC. 6. That all fines to be assessed as aforesaid shall be certified by the presiding officer of the court-martial, and shall be collected and paid over according to the provisions and in the manner prescribed by the seventh and eighth sections of the act of February twenty-eight, seventeen hundred and ninety-five,' to which this is an amendment.

SEC. 7. That the marshals of the several districts of the United States, and their deputies, 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.

SEC. 8. That sections 2, 3, and 4 of the act entitled "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," approved February 28, 1795, and so much of residue of said act and of all other acts as conflict with this act, are hereby repealed. [Approved, July 29, 1861.]

CHAPTER 28.-Approved, July 31, 1861.-Vol. 12, p. 283.

An Act making an appropriation to pay the expenses of transporting and delivering arms and munitions of war to the loyal citizens of the states of which the inhabitants now are or hereafter may be in rebellion against the government of the United States, and to provide for the expense of organizing them into companies, battalions, regiments, or otherwise, for their own protection against domestic violence, insurrection, invasion, or rebellion.

That the sum of two millions of dollars be, and the same is 2 Chap. 36.

1 Chap. 36.

hereby, appropriated out of any money in the treasury not otherwise appropriated, to be expended, under the direction of the President of the United States, in supplying and defraying the expenses of transporting and delivering such arms and munitions of war as in his judgment may be expedient and proper to place in the hands of any of the loyal citizens residing in any of the states of which the inhabitants are in rebellion against the government of the United States, or in which rebellion is or may be threatened; and likewise for defraying such expenses as may be properly incurred in organizing and sustaining, while so organized, any of said citizens into companies, battalions, regiments, or otherwise, for their own protection against domestic violence, insurrection, invasion, or rebellion. [Approved, July 31, 1861.]

CHAPTER 34.-Approved, July 31, 1861.-Vol. 12, p. 284. An Act authorizing the secretary of war to reimburse volunteers for expenses incurred in employing regimental and other bands, and for other purposes.

That the secretary of war be, and he is hereby, authorized and directed to refund, out of any money in the treasury not otherwise appropriated, to the volunteers called out by the President's proclamation of the fifteenth April, one thousand eight hundred and sixty-one, such sums of money as may have been expended by the said volunteers in the employment of regimental or company bands during the period of their service under said proclamation: Provided, The amount to be allowed shall not exceed that to be paid to volunteer bands regularly mustered into the service under the President's proclamation of May third, one thousand eight hundred and sixty-one.

SEC. 2. That the President, in accepting and organizing volunteers under the act entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," approved July twenty-two, eighteen hundred and sixty-one,' may accept the service of such volunteers without previous proclamation, and in such numbers from any state or states, as, in his discretion, the public service may require.

1 Chap. 9.

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