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2394. So much of the preceding regulations as authorizes corporeal punishment by stripes or lashes shall be repealed, (act 16th May, 1812.)
But this repeal does not apply to any enlisted soldier who shall be convicted by a general court martial of the crime of desertion.(1)
2395. It shall be the duty of the secretary of the war department, and he is hereby authorized to prepare general regulations, better defining and prescribing the respective duties and powers of the several officers in the adjutant-general, inspector-general, quartermaster-general, and commissary of ordnance departments, of the topographical engineers, of the aids of generals, and generally of the general and regimental staff; which regulations, when approved by the president of the United States, shall be respected and obeyed, until altered or revoked by the same authority. And the said general regulations, thus prepared and approved, shall be laid before congress at their next session.(2)
OF THE MILITIA.
Organization, Discipline, Pay.
Citizens, what, to be enrolled to Colours and music to be provided 2399
provide arms, &c.-arms exempt Duty of brigade inspector 2340 ed from execution, &c.—notice Volunteer corps to be preserved 2341 for training
2396 Adjutant-general-his duties 2342 Exempts from militia duty 2397 System of discipline and field exMilitia to be arranged into divi. ercise of regular army prescribed 2343
sions, &c., rank of-constitution Rank of commissioned officers 2344 of brigades, regiments, batta- Pay of militia called into service 2345 lions, companies—how officered, &c.
Art. 2396. 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, (except as is 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 fortyfive years, (except as before excepted,) shall come to reside within his 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. 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 (1) Act 20 March, 1833, sec. 7.
(2) Act 3d March, 1813, sec. 5.
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 to es. ercise only, he may appear without a knapsack. The commissioned officers shall, severally, be armed with a sword or hanger, and espontoon : and 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.(1)
Every citizen duly enrolled in the militia, shall be constantly provided with arms, accoutrements, and ammunition, agreeably to the direction of the preceding article, from and after he shall be duly notified of his enrol. ment; and any notice or warning to the citizens so enrolled, to attend a company, battalion, or regimental muster, or training, which shall be according to the laws of the state in which it is given for that purpose, shall be deemed a legal notice of his enrolment.(2)
2397. The vice-president of the United States; the officers judicial and executive, of the government of the United States ; the members of both houses of congress, and their respective officers; all custom-house officers with their 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 post road; 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 hereafter 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.(3)
2398. 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 legislature 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 highest in rank. 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 sixtyfour privates. The said militia shall be officered by the respective states, as follows: to each division, one major-general and two aids-de-camp, with the rank of major, one division inspector, with the rank of lieutenant-colonel, and one division quartermaster, with the rank of major; to each brigade, one brigadier-general, one aid-de-camp, with the rank of captain, one quartermaster, with the rank of captain, with one brigade inspector, to serve also as brigade-major, with the rank of a major ; to each regiment, one colonel, one lieutenant-colonel, and one major to each regiment consisting of two battalions; where there shall be only one battalion, it shall be commanded by a major ; to each regiment, one chaplain ; to each company, one cap
(1) Act 8th May, 1792, sec. 1.
(3) Act 8th May, 1792, sec. 2.
tain, one lieutenant, one ensign, four sergeants, four corporals, one drum. mer, and one fifer or bugler. There shall be a regimental staff, to con. sist 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 fife-major ; to the militia of each state, one quarter. master-general.(1)
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 him. self with all the equipments of a private in the infantry, until proper ord. nance 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 bear-skin 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 breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch-box, to contain twelve cartridges for pistols. 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 colour and fashion to be determined by the brigadier commanding the brigade to which they belong (2)
2399. Each battalion and regiment shall be provided with the state and regimental colours, by the field officers, and each company with a drum and fife, or bugle horn, by the commissioned officers of the company, in such manner as the legislature of the respective states shall direct.(3)
2400. It shall be the duty of the brigade-inspector to attend the regimen. tal 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 maneuvres, and introduce the system of military discipline 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.(4)
2401. 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:
(1) Act 8th May, 1792, sec. 3.-Act 20 March, 1803, sec. 3.- 18th April, 1814.-20th April, 1816.
(2) Act 8th May, 1792, sec. 4.
Such corps shall retain their accustomed privileges, subject, nevertheless, to all other duties required by this act in like manner with the other militia (1)
2402. There shall be an adjutant-general appointed in each state, whose duty it shall be to distribute all orders from the commander-in-chief of the state to the several corps; to attend all public reviews, when the commander-in-chief of the state shall review the militia, or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different returns, that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: all which, the several officers of the divisions, brigades, regiments, and battalions, are hereby required to make, in the usual manner, so that the said adjutant-general may be duly furnished therewith : from all which returns, he shall make proper abstracts; and lay the same annually before the commander-in-chief of the state, and he shall make to him a return of all the militia of the state.(2)
He shall make return of the militia of the state to which he belongs, with their arms, accoutrements, and ammunition, agreeably to preceding article, to the president of the United States annually, on or before the first Monday in January: and the secretary of war shall, from time to time, give such directions to the adjutant-generals of the militia, as shall, in his opinion, be necessary to produce an uniformity in the said returns, and he shall lay an abstract of the same before congress, on or before the first Monday of February, annually.(3)
2403. The system of discipline and field exercise, which is, and shall be ordered to be observed by the regular army of the United States, in the different corps of infantry, artillery, and riflemen, shall also be observed by the militia, in the exercises and discipline of the said corps respectively, throughout the United States.(4)
2404. All commissioned officers shall take rank according to the date of their commissions ; and when two of the same grade 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.(5)
2405. The allowance of bounty, clothing, and pay, to the non-commissioned officers, musicians, and privates, of the infantry, artillery, and ca. valry, 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, sad. dler, and artificer, (included as a private, eight dollars ; each gunner, bombardier, and private, six dollars and sixty-six cents.(6)
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 non-commissioned
(1) Act 8th May, 1792, sec. 11.
(4) Act 12th May, 1820, sec. 1.
officer, musician, and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same.(1)
Whenever the militia shall be called into the actual service of the United States, their pay shall be deemed to commence from the day of their appearing at the places of battalion, regimental, or brigade rendezvous ; al. lowing to each non-commissioned officer, musician, and private soldier, a day's pay and rations for every fifteen miles from his home to such place of rendezvous, and the same allowance for travelling home from the place of discharge.(2)
Of the Government of the Militia.
Militia in service subject to rules Courts martial to be composed of
2408 Penalty for disobeying orders of Fines-how collected
2409 president under act of 1795 2407 Fines to be paid to comptroller of
ART. 2406. 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.(3)
2407. 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 recited in act 28th Feb. 1795, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determin. ed 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 payment of the fines adjudged against them, for one calendar month, for every five dollars of such fine.(4)
2408. Courts martial for the trial of militia shall be composed of militia officers only (5)
2409. 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 comptroller of the treasury, 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 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 gaol, 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.(6)
(1) Act 2d Jan. 1795 sec. 2.
(4) Ibid. sec. 5. (5) Ibid. sec. 6. (6) Ibid. sec. 7.-Act 2d Feb. 1813.