Commissioned of rank according SEC. 8. And be it further enacted, That all commissioned officers shall take rank according to the date of ficers to take their commissions; and when two of the same grade to date, &c. 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. SEC. 9. And be it further enacted, That if any person, Militiamen whether officer or soldier, belonging to the militia of wounded and disabled in public any state, and called out into the service of the United service, to be provided for, &c. States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense. SEC. 10. And be it further enacted, That it shall be Duties of brigade the duty of the brigade-inspector to attend the regi-inspectors. mental and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements; superintend their exercise and manoeuvres, 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 adjutant-general shall make a return of all the militia of the state, to the commander-in-chief of the said state, and a duplicate of the same to the president of the United States. And 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: customed privi SEC. 11. And be it further enacted, That such corps Existing corps to retain their accustomed privileges, subject, nevertheless, retain their ac to all other duties required by this act in like manner leges; subject, with the other militia. [Approved, May 8, 1792.] &c. Monthly rate of pay of non-com &c. of the mili into service. CHAPTER 11. An act to regulate the pay of the non-commissioned officers, musicians and privates, of the militia of the United States, when called into actual service, and for other purposes. SEC. 1. Be it enacted by the Senate and House of Remissioned off presentatives of the United States of America in Congress cers, privates, assembled, That, from and after the passing of this act, tin, when called the allowance of bounty, clothing, and pay, to the noncommissioned officers, musicians, 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 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; each farrier, saddler, and artificer, (included as a private,) eight dollars; cach gunner, bombardier, and private, six dollars and sixty-six cents. Allowances to vary for use, &c. and in lieu &c. of horses, of rations and io- Pay to commence from the time of appear SEC. 2. And be it further enacted, That, 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 noncommissioned officer, musician, and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same. SEC. 3. And be it further enacted, That whenever the militia shall be called into the actual service of the ing at rendez- 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 officer, musician, and private A day's pay, &c. soldier, a day's pay and rations for every fifteen miles from his home to such place of rendezvous, and the place of rendez same allowance for travelling home from the place of vous, &c. discharge. fifteen for every miles to the Pay in addition, tia lately called service, &c. SEC. 4. And be it further enacted, That, in addition e. to the mili to the pay heretofore authorized by law, there shall be for hit to actual allowed and paid to the non-commissioned officers, musicians, and privates, of the militia lately called forth into the actual service of the United States, on an expedition to fort Pitt, such sums as shall, with the pay heretofore by law established, be equal to the allowances respectively provided in the first and second sec by any state to tled to receive tions of this act. Provided, nevertheless, That the com- Proviso; the com pensations made by any state, to the militia called forth pensation made from such state, shall be deemed to be included in the be included, &e additional allowance authorized by this act; and such The states entistate shall be entitled to receive, from the treasury of from the treasuthe United States, such sums as they shall have paid. or allowed, to the non-commissioned officers, musicians, &c. and privates, over and above the pay heretofore allowed by law, and not exceeding the additional allowance granted by this act. such sums as they have paid, to the troops ex ty to soldiers re SEC. 5. And be it further enacted, That, for the com- Additional pay pleting and better supporting the military establishment listed, &c. of the United States, as provided by the act, entitled "An act making further and more effectual provision for the protection of the frontiers of the United States," there shall be allowed and paid, from and after the first day of January, one thousand seven hundred and ninety five, to each non-commissioned officer, musician, and private, now in service, or hereafter to be enlisted, the additional pay of one dollar per month, during the terins of their respective enlistments; and to each soldier now Additional bounin the service of the United States, or discharged enlisting, &c. therefrom, subsequent to the third day of March last, who shall re-enlist after the first day of January next, an additional bounty of eight dollars, making the entire bounty sixteen dollars; and to each person not now in the army of the United States, or discharged, as above, who shall enlist after the said first day of January next, an additional bounty of six dollars, making the entire bounty fourteen dollars: but the payment of The payment of four dollars of each additional bounty hereby granted, tional bounty de shall be deferred until the soldier enlisting shall join the regiment or corps in which he is to serve. 84 of the addi ferred, &c, ance of provi vice who are en western fron SEC. 6. And be it further enacted, That to those in Additional allowthe military service of the United States, who are, or sions to those in shall be, employed on the western frontiers, there shall the military serbe allowed, during the time of their being so employed, ployed on the two ounces of flour or bread, and two ounces of beef or tiers, &c. pork, in addition to each of their rations, and half a pint of salt, in addition to every hundred of their rations. [Approved, January 2, 1795.] Si *This, and the next succeeding section, relate to the regular army. milar provisions will be found incorporated in the act of 30th May, 1796, to ascertain and fix the military establishment of the United States, which may be regarded as superseding these-See chapter 26, sections 7, 11, & 12. In case of inva side t may call most convenient, ders to the mili tia officers, &c. CHAPTER III. 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 SEC. 1. Be it enacted by the Senate and House of Resion, &c. the pre presentatives of the United States of America in Congress forth the mihtia assembled, That whenever the United States shall be inand issu his or- vaded, or be in imminent danger of invasion, from any foreign nation or Indian tribe, it shall be la vful 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 inIn case of insur-surrection in any state, against the government thereof, the government 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. rection against of a state, the president, on ap plication, Ke. may call forth the mili ia of other states, &c. oppo dest may call forth the militia In case of SEC. 2. And be it further enacted, That whenever sition to the laws the laws of the United States shall be opposed, or by powerful combinations, the execution thereof obstructed, in any state, by &c. the presicombinations too powerful to be suppressed by the ordihary 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 next session of congress. Whenever the necessary, the president, by proclamation, to SEC. 3. Provided always, and be it further enacted, military force is That whenever it may be necessary, in the judgment of the president, to use the military force hereby directed command he in- 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. su gents to disperse, &c. Militia, in ser vice, to be sub. SEC. 4. And be it further enacted, That the militia yer to be vue, employed in the service of the United States, shall be and articles of subject to the same rules and articles of war as the war, &c. *See supplementary act, chapter 6, appendix. Militia not to m'th a ter serve more than place of rendez vous, &c. obey the presi moreover, to be privas liable to faiing to pay ficers only. troops of the United States: And that no officer, noncommissioned officer, or private, of the militia, shall be compelled to serve more than three months after his ar arrival at the rival 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. SEC. 5. And be it further enacted, That every officer, officers, privates non-commissioned officer, or private, of the militia, who &c. failing shall fail to obey the orders of the president of the Unite 'dent, &e, for feir pay, not exStates, in any of the cases before recited, shall forfeit a ceeding, &c. sum not exceeding one year's pay, and n t less than one month's pay, to be determined and adjudged by a courtmartial; and such officer shall, moreover, be liable to be officers liable, cashiered by sentence of a court-martial, and be incapa- cashiered, &c. citated from holding a commission in the militia, for a term not exceeding twelve months, at the dis retion of the said court: And such non-commissioned officers and Non-commission. privates shall be liable to be imprisoned, by a like send offers and tence, on failure of the payment of fines adju iged against be imprisoned on them, for one calendar month, for every five dollars of fines, &c. such fine. SEC. 6. And be it further enacted, That courts martia' Courts martial, for the trial of militia shall be composed of militia offie of litia cers only. SEC. 7. And be it further enacted, That all fines to be Fines to be certy assessed, as aforesaid, shall be certified by the presiding siding off er of officer of the court-martial before hom the same shail tiai, to the marbe assessed, to the marshal of the district in which the shai, &c. who is to levy, &c. 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 Sale of distraindistress and sale of the goods and chattels of the delin- ing to state laws quent; 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 non-commissioned officer or private shall be adjudged Where non-comto suffer imprisonment, there being no goods or chattels and privates are to be found whereof to levy the said fines, the marshal dudged to sufof the district, or his deputy, may commit such delin-nent, &c. the quent to gaol, during the term for which he shall be so may commit, &e. 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. fied by the pre the court-mar ed goods accord &c. missioned officers fer imprison marshal. e. |