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Sec. 2.1 That whenever the laws of the United States shall be opposed, or 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 next session of Congress.
Sec. 3. 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 forth with, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time.
Sec. 4. That 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: and that no officer, 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.
Sec. 5. That 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 the payment of fines adjudged against them, for one calendar month, for every five dollars of such fine.
Sec. 6. That courts-martial for the trial of militia, shall be composed of militia officers only.5
1 Sections 2, 3, and 4 repealed by sec. 8, chap. 25, 29 July, 1861.
2 Those who disobey the call are not employed in the service, so as to be liable to the Articles of War, 5 Wheaton, 1, 12, 19, Houston vs. Moore; 12 Wheaton, 19-33, 4 Martin vs. Mott.
3 But be is liable to court-martial under the 5th section, 5 Wheat.-1 Houston 18. Moore; 12 ibid. 19-34, Martin vs. Mott.
4 Convened, not under the Articles of War, which are prescribed for the army, bu according to the customary usages of military service, 12 Wheat. 19–37. It is not clear that the approval of the sentence by the President is necessary, ibid. 19-37. The court is not terminated by a cessation of the war requiring the service, ibid. 19-39.
5 Sections 5, 6, and 9 of this act are re-enacted as sec. 4, 5, and 7 of chap. 25, 29 July, 1861.
Sec. 7. That all fines to be assessed, as aforesaid, shall be certified 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 forth with 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 non-commissioned 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 jail, 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.
Sec. 8. That 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.
Sec. 9. That the marshals of the several districts, 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. 10. That the act entitled “ An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions,” passed the 2d day of May, 1792, shall be, and the same is hereby, repealed. [Approved, February 28, 1795.]
1 Chap. 28.
CHAPTER 44.- Approved, March 3, 1795.-Vol. 1, p. 430.
An Act for continuing and regulating the Military Establishment of the United States,
and for repealing sundry Acts heretofore passed on that subject.
That the present military establishment of the United States, composed of a corps of artillerists and engineers, to consist of nine hundred and ninety-two non-commissioned officers, privates, and musicians, and of a legion to consist of four thousand eight hundred non-commissioned officers, privates, and musicians, be, and the same is hereby, continued.
Sec. 2. That the said corps of artillerists and engineers be completed, conformably to the act of eighth [ninth] of May last, establishing the same, and prescribing the number and term of enlistments, and the methods of organization.
Sec. 3. That the legion of the United States be also completed, to the number of four thousand eight hundred non-commissioned officers, privates, and musicians, by voluntary enlistments, for the term of three years; and that the sub-legions composing the same be organized in such manner as the President of the United States shall direct. Provided, nevertheless, That no such enlistment shall be made after three years from the passing of this act.
Sec. 4. That it shall be stipulated as a condition in the enlistments for the cavalry, that they shall serve as dismounted dragoons, when ordered so to do, and that in all cases of enlistments of the troops of every description, there be expressly reserved to the government a right to discharge the whole, or any part thereof, at such times, and in such proportions, as may be deemed expedient.
Sec. 5. That the commissioned officers who shall be employed in the recruiting service, shall be entitled to receive, for every
able-bodied recruit duly enlisted and mustered, of at least five feet six inches in height, and not under the age of eighteen, nor above the age of forty-six years, the sum of $2.
Sec. 6. That there shall be allowed and paid to each soldier now in the service of the United States, or discharged therefrom subsequent to the 3d day of March last, who shall re-enlist, bounty of $16: And to each person not now in the army of the United States, or discharged as above, who shall hereafter enlist, a bounty of $14: but the payment of $4 of the bounty of each and every man so enlisting, shall be deferred until he shall have joined the corps in which he is to serve.
Sec. 7. That every non-commissioned officer, private, and musician, of the artillery and infantry, shall receive, annually, the following articles of uniform clothing, to wit: one hat or helmet, one coat, one vest, two pair of woollen and two pair of linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles. And that there be furnished to the cavalry and riflemen, such clothing as shall be the most suitable and best adapted to the nature of the service, having regard therein, as nearly as may be, to the value of the clothing allowed, as above, to the infantry and artillery.
Sec. 8. That every non-commissioned officer, private, and musician, shall receive, daily, the following rations of provisions, to wit: one pound of beef, or three-quarters of a pound of pork, one pound of bread or four, half
1 Repealed and supplied by act of 30 May, 1796, chap. 16.
a gill of rum, brandy, or whiskey, and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations, or the value thereof at the contract price, where the same shall become due; and if, at such post, supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question.
Sec. 9. That to those in the military service of the United States, who are, or shall be, employed on the western frontiers, there shall be allowed, during the time of their being so employed, two ounces of four or bread, and two ounces of beef or pork, in addition to each of their rations, and a half-pint of salt in addition to every hundred of their rations.
Sec. 10. That the monthly pay of the officers, non-commissioned officers, musicians, and privates, on the military establishment of the United States, be as follows, to wit: General staff: a major-general, $166; a brigadiergeneral, $104; a quartermaster-general, $100; adjutant-general, to do also the duty of inspector, $75; chaplain, $50; surgeon, $70; deputy quartermaster, $50; aid-de-camp, in addition to his pay in the line, $24; brigademajor, to act also as deputy inspector, in addition to his pay in the line, $24; principal artificer, $10; second artificer, $26. Regimental: lieutenant-colonel commandant, $75 ; major of artillery, and major of dragoons, $55 ; major of infantry, $50; paymaster, adjutant, and quartermaster, in addition to their pay in the line, $10; captains, $40; lieutenants, $26; ensigns and cornets, $20; surgeons, $45 ; surgeon's mates, $30; sergeant-majors, and quartermaster-sergeants, $8; senior musicians, $7; sergeants, $7; corporals, $6; musicians, $5; privates, $4; artificers allowed to the infantry, light dragoons, and artillery, $9; matrons and nurses in the hospital, $8.
Sec. 11. That the commissioned officers aforesaid shall be entitled to receive, for their daily subsistence, the following number of rations of provisions, to wit: A major-general, fifteen rations; a brigadier-general, twelve rations; a lieutenant-colonel commandant, and quartermaster-general, each, six rations; a major, four rations; brigade-major, and aid-decamp, four rations; a captain, three rations; a lieutenant, ensign, or cornet, two rations ; a surgeon, as well hospital as regimental, three rations; a surgeon's mate, two rations; a deputy quartermaster, two rations; a principal, and second, artificer, each, two rations; a chaplain, two rations; or money in lieu thereof, at the option of the said officers, at the contract price, at the posts, respectively, where the rations shall become due.
Sec. 12. That the officers hereinafter described shall, whenever forage shall not be furnished by the public, receive at the rate of the following enumerated sums, per month, instead thereof, to wit: The major-general, $20; the brigadier-general, $16; lieutenant-colonel, $12; quartermastergeneral, adjutant-general, and surgeon-general, each, $12; major, $10; aid-de-camp, brigade-major, and surgeon, each, $10; captain of cavalry, $8: chaplain and surgeon's mate, each, $6; deputy quartermaster and subalterns of cavalry, each, $6; principal artificer, paymaster, adjutant, and regimental quartermaster, each, $6.
Sec. 13. That if any officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or disabled, while in the line of his duty, in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations, as shall be directed by the President of the United States for the time being: Provided always, That the rate of compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall never exceed, for the highest disability, half the monthly pay of such officer, at the time of his being so dis
abled or wounded; and that the rate of compensation to non-commissioned officers, privates, and musicians, shall never exceed $5 per month: And provided also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability:
Sec. 14. That the officers, non-commissioned officers, privates, and musicians, aforesaid, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled,' as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be established.
Sec. 15. That every officer, non-commissioned officer, private, and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: “I, A. B., do solemnly swear or affirm (as the case may be) to bear true allegiance to the United States of America, and to serve them, honestly and faithfully, against all their enemies or opposers whomsoever, and to observe and obey the orders of the President of the United States, and the orders of the oficers appointed over me, according to the rules and articles of war."
Sec. 16. That it shall be lawful for the President of the United States to arm the troops aforesaid, whether riflemen, artillerists, dragoons, or infantry, as he shall think proper; and that it be also lawful for him to forbear to raise, or to discharge after they shall be raised, any part thereof, in case events shall, in his judgment, render bis so doing consistent with public safety, and general convenience and economy.
Sec. 17. That every person who shall procure, or entice a soldier in the service of the United States to desert, or who shall conceal such soldier, knowing him to have deserted, or who shall purchase from such soldier his arms, or his uniform clothing, or any part thereof, and every captain or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted, or otherwise carry away such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of the court, in any sum not exceeding $300, or be imprisoned, for any term not exceeding one year.
Sec. 18. That the several acts, entitled "An act for regulating the military establishment of the United States;" ? “An act for raising and adding another regiment to the military establishment of the United States, and for making further provision for the protection of the frontiers;"'“ An act for making further and more effectual provision for the protection of the frontiers of the United States," be, and the same are hereby, repealed; and also so much of any act or acts of the present session, as comes within the purview of this act: Provided always, That nothing in this section contained shall be so construed as to vacate the commissions which have been issued, or any appointments or enlistments which have been made, in pursuance of the acts herein repealed.
[Approved, March 3, 1795.]
| Ante, 20 Sept. 1776, and 14 April, 1777; 27 May, 1777; 18 June, 1777, and 31 May, 1786. 2 Chap. 10, 30 April, 1790.
Chap. 9, 5 March, 1792. • Chap. 14, 17 March, 1792.