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to the said three regiments, and whose pay and other allowances shall not, exclusively of 50 cents per day for the use and risk of their horses, exceed those of officers of corresponding rank in the said regiments.

Sec. 15. That the President of the United States be authorized, in case he shall deem the measure expedient, to employ such number of the Indians, and for such compensations, as he may think proper: Provided, The said compensations do not in the whole, exceed $20 000.

[Approved, March 5, 1792.]

CHAPTER 14.-Approved, March 28, 1792.-Vol. 1, p. 246.

An Act supplemental to the act for making further and more effectual provision for the

protection of the frontiers of the United States.1 That it shall be lawful for the President of the United States, by and with the advice and consent of the Senate, to appoint such number of brigadier-generals as may be conducive to the good of the public service. Provided the whole number appointed, or to be appointed, shall not exceed four.

CHAPTER 28.--Approved, May 2, 1792.- Vol. 1, p. 264.

An Act to provide for calling forth the militia to execute the laws of the Union, to

suppress insurrections and repel invasions.2

Sec. 1. (Same as sec. 1 of chap. 36, February 28, 1795, post.]

Sec. 2. 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 ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States by an associate justice, or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of the state, where such combinations may happen, shall refuse or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of the militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

Sec. 3. That whenever it may be necessary in the judgment of the President to use the militia force hereby directed to be called forth, the President shall forthwith, and previous thereto, by proclamation, command

1 The act of 3 March, 1795, chap. 44, recognized and continued the then existing establishment, without enumerating officers. The provisions of this act appear therefore to have been in force till superseded by act of 30 May, 1796, chap. 39, post.

2 Repealed by sec. 10, chap. 36, 28 Feb. 1795, post.


such insurgents to disperse and retire peaceably to their respective homes, within a limited time.

Sec. 4. That the militia employed in the service of the United States shall receive the same pay and allowances as troops of the United States, who may be in service at the same time, or who were last in service, and shall be subject to the same rules and articles of war: And that no officer, pon-commissioned officer, or private of the militia shall be compelled to serve more than three months 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. [Same as 5th sec. of chap. 36, February 28, 1796, except that, besides being cashiered by court-martial, offenders may be, by act of 1795, incapacitated from holding commissions in the militia for twelve months at the discretion of the said court.]

Sections 6, 7, 8, and 9 are same as corresponding section of act of 1795; and section 10 limits the existence of the act for two years, and from thence to the end of the next session of Congress thereafter, and no longer.

(Approved, May 2, 1792.]

CHAPTER 33.-Approved, May 8, 1792.-Vol. 1, p. 272.

An Act more effectually to provide for the national defence, by establishing an uniform

militia throughout the United States.1

1. Every able-bodied white male citizen, of the age of eighteen, and under forty

five years, to be enrolled, &c. Duty of captains with respect to enrolling, &c. Citizens enrolled, to provide themselves with arms and accoutrements in six months after enrolment, &c. Militiaman to appear armed, &c., when called out to exercise, &c., except, &c. Muskets to carry balls eighteen to the pound. Arms, &c., free from distress, executions, &c. 2. Enumeration of officers and persons who are exempt from militia duty under this act. 3. Militia in each state to be arranged into divisions, brigades, &c., as the legislature thereof may direct. Organization of brigades, regiments, &c. To be officered by the states in the manner here prescribed. 4. One company of grenadiers, light infantry, or riflemen, to each battalion. A company of artillery and troop of horse to each division. Officers of the dragoons, their horses, arms, &c. Dragoons, their horses, arms, &c. Company of artillery and troop of horse to be formed of volunteers, &c. 5. Colors to battalions and regiments, and by whom provided. 6. An adjutant-general in each state. His duties. 8. Commissioned officers to take rank according to date, &o. 9. Militiamen wounded and disabled in public service, to be provided for, &c. 10. Duties of brigade inspectors. That each and every free able-bodied white male citizen of the respective states, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years,

1 See additional act of 2 March, 1803, chap. 15, by which the provisions of this act are modified in some respects; and see chap. 166, 17 July, 1862.

(except as hereinafter excepted,) shall, severally and respectively, be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, be the duty of every such captain or commanding officer of a company, to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or, being of the age of eighteen years, and under the age of forty-five years, (except as before excepted,) shall come to reside within bis bounds; and shall, without delay, notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket,' or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or, with a good rifle, knapsack, shot pouch and powder horn, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred, and provided, when called out to exercise, or into service; except, that when called out on company days exercise only, he may appear without a knapsack. That the commissioned officers shall, severally, be armed with a sword or hanger, and espontoon; and that, from and after five years from the passing of this act, all muskets for arming the militia, as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition, and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions, or sales, for debt, or for the payment of taxes.

Sec. 2. That the Vice-President of the United States; the officers, judicial and executive, of the government of the l'nited States; the members of both houses of Congress, and their respective officers; all custom-house officers, with their

I Enjoined again 2 March, 1803, chap. 15.

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clerks; all post-officers, and stage-drivers, who are employed in the care and conveyance of the mail of the post-office of the United States; all ferrymen employed at any ferry on the postroad; 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 here. after 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.

Sec. 3. That 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 legis. lature 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 bighest in rank. That, 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. That the said militia shall be officered by the respective states, as follows: To each division, one majorgeneral 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, ones lieutenant-colonel commandant; and to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drum


* The following persons are also exempt from militia duty,--viz.: Post-masters, post-riders, and drivers of the mail stages-- (Chap. 64, 3 March, 1825.) Assistant postmasters and clerks regularly engaged in post-offices (Chap. 270,2 July, 1830.) Clerks employed in the several departinents of the Government-(Ex parte Smith2 Cranch, 693.) A sail-maker at Washington Navy Yard, being a warrant officer--(Sanford vs. Boyd-2 Cranch, p. 98.) Artificers and workmen in the armories_(Sec. 4, May 7, 1800.) Active members of the several fire-companies of the D. C., during peace(Chap. 26, 2 March, 1837.) Aliens--Slade vs. Minor-2 Cranch, 139.) Justices of the peace--(Wise re. Wethers~2 Cranch, 350.) Professors, tutors, stewards and students of the different seminaries of learning in the D. C., except in time of warm-(Chap. 30. May 4, 1826.) Telegraph operators when employed as such-Order of Sec. 'War, 1 Aug., 1862.)

2 Sce, fur division officers, 18 April, 1814, chap. 80.
3 One colonel, one lieutenant-colonel, and one inajor, 20 April, 1816, chap. 6.

mer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant and one quartermaster,' to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant-major; one drum-major, and one fifemajor.

SEC. 4. That out 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 that, 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 sergeants, 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 matross, 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 each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least fourteen hands and a half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and a half high, a good saddle, bridle, mail pillion, and valise, holsters, and a breastplate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box, to contain twelve cartridges for pistols. That 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.

Sec. 5. That each battalion and regiment shall be provided with the state and regimental colors, by the field officers, and

1 A quartermaster-general for each state, and one quartermaster for each brigade, with a chaplain to each regiment, 2 March, 1803, chap. 15, post.

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