"Ouriare the Plain f fair delightful lc,
UawarpMby PartjIUjc tolWelikc 6thtM.
Mon d.V, May 16 1803.
V6L.IV.
No. iSj.
33j aufyotttg.
SEVENTH CONGRESS,
of the
UNITED STATES,
yfr fA Second Sejfion,
Mi i 4 the City 9 WaJhUl' '
tbeTertitoryofCJmmbia, en Monday tb
Jtxtb V December, one tbwfund eiA t bun
dredatid two.
A N ACT
More eUVcW.ly 10 provide for rSn'"'
iondfthe militia oi trie airem'. 01
lumtua.
RE if enx by the Senate and
Jtpufeof Reprefentatives of the United
States of America in Congrefs of em--Med,
That it (hall and may be law.
ful for the Prefident of the United
States, whenever an increafe of the
militia of the territory, or other
rirnimnances. hall, in his opinion,
make it neceflary o by off the
laid militia into ! addit en ?1 com.
pames, battalions, regiments, or
legions and brigades, and (hall ap
point and commiffio , during plea
fure, the proper officers for. the
fame.
Sec. 2. And be it further enabled.
That the. Prefident of the Unite I
States," (hall, when he may deem it
neceffary, ap -oint the proper offi
cers, to co r.pofe at leaft one tr op
of cavalry, one company f artil
lery, onpeonpiny of light infan.
try, a iid one company of grena
diers or riflemen, to each legion,
which officers ffiaUproceed, by vo
luntary enliftment, within their le
gion, to complete their company or
companies, - with the. leaft. pofji.
ble delay-; and every perfon belong
ing toUhe faid,. companies, IhaJl
wear, whilft on duty, fuch caps or
hats, and uniforms, !.- he -purcha-fed
at their cwnex pence, as te
commanding officcF of rhe brigaoe
to which they belongs .hall deter
mine on ana direct ; and thecal"
-omnani-s fhill we r for pi i the lame
xoutn;eLof duty, . and be lubject.to
Vi. fame rtilei reaulatioiiS. Denil-
and orders as trie reit of tbc
milkia t the Pefident may .never
thelcfs order them,: or any ot them,
- - . ,
out on duty, as occafion, in his o
pinion, may require, , by entire
com Danies. . "I hat , ho,, perfon , be
longing to any battalion company.
lhall, under-colour or emitting int
anvcomoanv to bemirtde up by: ,vo
lutitary enrolmen .,.Se excufed ftom
doin? duty in the infantry, and ir
-thf. comoanv 'in which he had
been enr- lhcJ, or mght be eo
rq'led, until he (halt have equip,
Ded himfeh for lurvre, in fuch.vo
lunteer company, accordiiig to law,
and fhall'have produced a certificate
thereof from the commanding ofli-
nr rf fuch company, to the com-
inanding officer of thebatallion com
oanv. to which he did or might pro
-(bm m w
tserlv belong ; and no perfon having
enliiled in any volunteer compa
ny, (hall be peimitted to withdraw
iimfelf from the fame, under the
penalty of ten dollars, unlefs in cafe
removal from hi legionary d 1
tn&, to be recovered as other. fines
mpofed by this aft, upon thp evi
dence of the commanding officer of
:the company,' from which he .(hall.
(f wiihcr.aw ; which commanding
ohTtcer ftialt return all fuch cafes to
r(V battalion court of enquiry that
fit thereafter. And the com.
r,,nfWS of the refpedive legions
fhall dirA by order to the diffe-
vt mmnnanders of battalions, to
what battalias the different vplun.
teer companuts ihall be attached,-
and (hall parad witn on Dauanon
duty; ani M d-rtft how they
fhall be noaedon legionaiy parades,
unlels diffaently ordered by the
bricadier-vienerfl.
&c. q. And be it further enacled
ThV whie any baitahort or compa
ny di(lrifcts,oi alteration in di(lri6is
actually iaid oft, may hereafter bi
touna tvcetiiiy, the commanamg
officers 1 X legions hall aflemble the
jcommancitny officers of battalions
at & compairies at lome fit and con
Ve4nent VCVi and may proceed to
Hr offot cltei aay inch battalion or
Y
'CO.il
any di ft 1 icts, ws.ich 4iftri6ts
ihill' in all caies be dcfigna ed, by
certai a lines and bounds, ana recor
-ded by tne cleiks of the rel4 etlive
Courts f cnqu iy
Sec 4 And be it further enatted,
Tim it i ali be the duty of the c hi-
Pauii officer ot the companies? to
l:xccrvi fr : tli with todivrde t he corn -
l ahie lf:tC
diviiicns by ballot, rrpu
tor the purpole of teu
bf duty when called into
aftual fervice, nd to return a rofter
-f each divifiotu and its number oT
rotation, with
in fifteen daysthereat
r. r rh commanding officero
his battalion, who fhall forthwith
tnnf-nitthefartieto thecommandt
officerofthe regiment orlegion, who
(hall di:ea the fame to be recorded
by the clerk of thecourt of enquiry.
The fame regulations (hall he obferx
ved by every commanding officer o
a companv, battalion and legion or
regiment, on th fubfquent enrol
ment of any oerlon therein, unle
ftyrh rrfnn (hill Droduce a certifi
cate of his having been before d'awn
for the above purpofe, in whic
cafe he fhall be enrolled according
y; and any militia man reraovi :,
out ofithe bounds of one compn'.
nto another, fhall apply to t
commanding officer of the company
o which he did helo.ig, who th "
give him a difcharge, certifying the
clafs wherein he was arranged, and
whether he ha i performed his toui
if dutvaornot. ind alfo the time and
date of fuch ferviCie, which certifi
cate the! faid militia man (hall pro
duce to the captain or commanding
officer of the company into whole
unds he fhall lb have removed,
wthin te days after his fettlemcnt,
and I'uch officer is hereby required
to enrol him in the numerical clais
fpecifiad therein ; and every militia
man fo removing, and failing to pro-
1 :ce fuch certificate, lhall be ar
ranged I and enrolled in the clafs
defined to erforrjft the next tour
of dutyj; and if any captain or cotru
minding officer or a, cpmpapy man
refufeto grant fderi certificate upon
pblicatiop to himmade tor tftatpur
lole: he (hall for luch refufal incur
a penalty of thirty dollars, to be a f-
fefled and applied as other ftnes im-
lofed by this act. -: .;
Sec, 5. And be it further ena&cd,
That each andvery officer appoint
ed, orj-whri may hereatter be ap
pointed and commtmoncd in manner
aforetaid, lhall, previous to enters
ngon 'the execution of his office,
take the.followmg oath (to be ad
min lftered by a jufficoof he peace,
r the court of the bounty in which
iuchofficer refidesj tcr wit: "I
'xo (wear that I will fupport the
Mjfti.tution of the United States,
and faithfully difcharge the duties
of . in the s of the militia
n the diftnft of Columbia, to the
beft of my (kill and judgment, fo
help me God. V , If the faid oath be
adminifterd by a ju Mice of the peace,
it (halt be his duty to certify the
lame to the court of his" relpectiye
county, there to be entered of re
cord by the clerk.
Sec. 6. And be it further enabled.
That; the commanding officers of
companies fhall enrol every able bo
died white male, between the. ages
of ejghteeri and forty a five years,
(except iuch as' are exempt from mi
litary !uty by the laws of the Uni
ted States) refident within his dif
trift & that mall calesof doubt ref
pefting the arge of any perfon enroll
ed or intended Xo be enrolled m any
company, the pzity queftioned hall
prove. his age to the ltisfacf ion 6f
the legionary court of enquiry, with
i' wh fe bou ids he ma refi'd ; arid
it (hall at all times hereafter be the
d
uty of every fuch .Captain or. com-
manding o racer. 01 a company to
enrol everV fuch white male as a -
toreiaid, and all thole who lhall,
fr6m time totime,arrive at trie age of
.eighteen years,or being of the age of
eighteen years, and atibxr the age ol
forty-five years(excepta"sbefere ex-
ceniedl fhall come to rcude within
his bounds, and fhall without de
r j - .vi
lay, notify fuch perfon of the faiJ,
enrolment, by a proper non-com-miffioned
officer, by whom fuch
notice may be proved
Sec. 7. And it it futtKtf eriaEled,
That the Prefident of 'he Unitea
States, upon complaint for mifcon
duct lodged with the department ot
war, in writing, by any one or more
ommiffioneii officers, may at his
difcreiion,-caufe't'o be- arretted any
major-general or brigadier-general,
.ind order a court-martial, to be
cojnpofed of all the other general of i
hcers, held otncers ana captains, or
to many f them (having regitd to
Icniorityi as fhall amount to thir
een,in the militia of the territory;
wiich courtmartial fhall proceed in
the fame way ,and under the fame re
dactions, as 15 hci caitcr , prefcribed
rrthc trifeof . field officers, .And
ny majorgeTTeral,, or hrigadierg?
e'raf, jFor mifconduct within their
wn knowledge, or upon complaint
'odged in writing bv any eomniiffi--ned
officer, (hill mve power to ar
r sft any lieutenantlcolonel commafi-
iant, a id -de-camp, brigade infpec
r, and major, or any other inferior
fficer ; and the cpmmandirjgfficcr
f the divifion or brigade, fhalj or-
a court martial for the trial of
ruch lieutepaht;coIonel commaad
int, aid-de cathpy brigjde, infpec
tor, to be compofed or one briga-drer-general,
and as many Ifeute
rant colonel commandants, majors
and captains, as (hail- make up a
nunjber not lefs than thirteen ; and
urh courts- art ial hall proceed to
ear and determine on alT,ofTenres
inder this ac and maycenfure'br
Affile r fuch officer ; which fentence
(hall be final, when approved ,by
he Piefidentof the United States.
And any brigadier-general, lieutc
nant colonel commandant or ma
jor, lor mifcondiift in any capr
tain or fubalterni within his
own knowledge, or upon complai t
lodged in writing by any commifi
oned officer, may a'rfeft ,fueh rfcap
tain or fubaltern ; ind the brigadier
or commandingofficer of the prigade
fhall order a brigade court-martial
ferthe trial of (uch captain or fubal.
tern, to be compofed of on or more
field officers, and a fufficient num.
ber of captains and fubalterns, to
make up a number not lefs than
thirteen ; and fuch courts-martial
(hall proceed to hear 'and determine
on all offences Under this aft, and
may cenfure or. cafhier any officer fo
tried ; which fentence fhall be fi
nal, when approved fey the PreG-
dent of the United "States, And for
obtaining the neceffary evidences fr
the trials aforefaid, the Prefident
of the United States, or the prefid-
ing officer of the court martial (as
the cafe may be fhall iifue his fum
monies , and every perfon fo fum
moried, failing to attend and to give
evidences, fhall be fubject to,, and
may be tried by a court martial : and
if an officer may, at the difcretionof
a court martial, be cafliicrcd or fined.
not exceeding fix months pay, as .by
law allowed ; and if a non-commil-fioned
officer or foldier, or a perfon
not enrolled, to be reported to 'the
court of enquiry of the regiment or
legion to which he fhall helong, or
within whofe bounds he fhall rehoV,
and be then fubjeft to fuch fines and
pena'.t'es as , they may think proper
o inflict, not exceeding forty doL
Urs.
Sec . And be it further enatlid.
That there frjall be battalion cput s
of enquiry, to be appointed by the
commanding officer of the batallion
'or the afteftment of fines incurred
under this aft, in fuch battalion,
ind fuch courts of enquiry fhall be
held in the months of May, Augufl
jnd JNovember, ,in each year, at
lome convenient place within the
county, to confift of. the; com
manding orricrr of the 6a,tta!ion,
and the commanding; officers,. pf
cimpanjes, which, lhalr, belong,
or to bo attached to , fuch battalion,
or. a majority of. them, whp fhall
take the followine. oath, to be admir
.11 nif&Bre. D.y the prefrding ofnqer, and
1; aucrwaras Dy anotner omcer or tne
! ourt to him I Will truly aud
. .aitnrtfiiy enquire inio all denn
quencies which appear on the re
t urns, to be laid .before roe, and wilt
affels the fines Vhereqn,Jas jha em.
juft, without favour, partiality or
I affection, fo help me uod.'' the
. ......
ptefiding officer fhall then by be
fore the laid court all. the delinquent
ci'es as directed by law,' whereup.
vn fhey fhall pnjeeed to hear arid
determine. Arid there fhall, more
over, be lbgionary courts of enqui
y, for the aiietlment or fines in
curred by the officeis of the legion,
ind for other duties required by
r his aft ; fuch courts of enquiry
fhall be held by the appointment of
the commanding officer of the le
gion, in not lefs f ban ten, and not
more than twenty days after the
battalion courts of enquiry, in eve
ry year ; and moreover, one legio
nary court extraordinary, ihall 'be
in like manner appointed and held
during the month of March in the
prelent year, for the purpose 01 ap-
oointinz the company mufiers of
the year, and for appointing a clerk,
provoii martial,, and coUcttor, 35
Jjereinafterdireaed and for other
duties by this aft - preferred; , the
laid'legiojuM-y courts, of enquiry, tn
cjnfift pf the commanding officers
of the. legion, battalions, and com.
anies5 or a majority ol th-m,. who
fbaJl take an Voalh, in mannerfand
form as prefcribed above i the-com-
rhandrig officer of the legion fhall
then lay before the faid rurt, all
delinquencies, . direfted'i : by law ;
whereupon ,they fhalL, proceed to
hear and determine... it Cn K thm
duty of thenrfidina
ry fueh Coiirt ofenauirv 0 returnto
trie next legionary nurt, of enqui
ry, sll delinquent officera failing to
attend the preceding court, to be
oroceeded. againft according to law.
The legionary .cowrf of ppquirymay
ror gooa c-uie inewn,r vremit any
fine.impofed by the battalion c'Urt
la(l nrecedioe l the faid. court mav
alfoexempt any militia ran from
duty, op account of bodily, infir
mity, and may again direct fuch
perfon to be enrolled;, when able to
do duty.,. 1,. . : .
Se;, g. And be it farther enaSL id,
That the refpeftive legiohary courts
of enquiry, ihall annually appoint
fey. ballet a clerk an rovbft inar
fiia! who ; fhall -attend, trie courts
herein before directed to be held ;
the cltfhall, keep a .fair recpfo! of
tfie proceedings of fuch courts, as
alfo of the rofter returned fjy .the fe
yeral captains or commanding offi-
cers or companies, tor regular rou
tines of duty, and fhall make out
for the collector, a fair lift of all
the firies aiTcffed by the legionary and
battalion courts, an1 one other lift
which (hall be retained by thecierk,
on. which lift the collector's receipts
fhall be taken ; the faid lifts fhall be
made out and delivered tb:-the ool
leftor in fifteen days after each legi
onary court of enquiry, and fhall
perform all other duties required
by this aft, and together with the
provoff marfhil, fhall receive fuch
allowance, to b paid out , of the
fines, as the legionary court fhall
think reafrnatblc. c ; 1
Sec 10. Andbt.it further enabled
That all fines incurred" under the afcl
of Congrefs, paffed at their laft fefti
on, fcrhpowerifig the Prefident to
organize the.militia,. of the diftrift
of Co-lumhia, and hot then return
ed tp.the officers thereby authoriz-d
to colleft the fame, fhall be return
ed to the fir ft legionary cou'ft of "h-
qu rv which fhall be held in the re-
Ipectave. counties, to be by them pro
ceeded with as in the cafe of fi cs bv
this aeVafleffed: ::
Sec. i i . And bt it further enabled.
That there fhall be a mutter of each
troop of cavalry and company of
mjlitia, comptehending the compa
nies made up by voluntary enrol
ment oner in every month, except
the months pf January, Feoruary,
March, May, October and Decem
ber in , each yearj to be appointed
by the. respective legionary courts
of enquiry, at fuch places as may
be deemed moit convenient within
the county,., and that the .time and
place for thdmu'fters aforefaid, fhall
be fxed by the fir ft legionary couit
of enquiry, which is held next after
the paffing of this aft, fubjeft to
fuch changes as future legionary
courts of enquny may think p-oj
per ; and there fhall be a mufter for
cxercife and infpeftion of each bat
talipn, in the month of May in eve.
ry year, to be appointed bv the com
mandipg of&cer of the brigade to
whxh iuch battalions refpeftively
belong, at fuch places as he may
think proper within the county.
There fhall alfo be a mufter of each
legion in the month of Oftobe , in
each year, to be appointed by the
commanding officer uf the brigade,
to which fuch legion belongs,
at fuch place as he may think
convenient within the legionary
diftrict ; which faid company, ba
tallion and legionary mtvfters, fhall
Contiuue one day and no longer;
the time and place of luch legionary,
company and batallion mttftcrs, fhalj
be notified to the cpmmapdfng offi.
cees of legions, thirty days previous
thereto, the commanding officers of
legions fhall give notice to the com
manding officers of battalions, o
fuch b'igade,. leg.onary, Company,
and battalion muders, alleafl twen
ty days ; the Co manding officer
of battdliop -1 hf- commanding
officers of corn ponies at Waft hfuen
diys i cud ihtiomiMwiinQj
cers of companifs to their fer
neants, ;at leaft ten day, and the fer
t?eants toeach racrf6n rn his compa
ny, Mat leaft: threes days before fuch
muftersrefpeftivelv ; the notices
to be given by the commanding of
fipers of brigaaes, legions andi batta
lions', , andcompanies, fhal be, in
writing, delivered to .each perfort
to be -notified, er left at-h s ufual
plate -of vabbde, and evefy fergeant
failing1 to.jjive notice, agreeable to
the prder$:of the comnis-nd ffi
cer of his company,, toeach perfon
therein fhall forfeit and pay for
each and very offence five dollars,
to beaffeffed and tecovered as other '
fines impofed by this aft; nevetthe- ,
lefs, all nonces publicly given by
the commanding .-.fficers of compa
nies, at their refpeftu-e muftesr, of -any
fubfequent mufter, fhall be held
and deemed as legal notice, as to all
perfons p.refent . at fuch muftefs.
Every officer ind foldier fhall ap
pear at his refpeftive mufter field,
on the aay appbidted by 10 cUck.
in the forenoon, armed and equip
pedt At every mufter, the com
manding officer of the company fhali
caufe his roll to be called; and fhall
examine every perfon belonging:
uicicio) ana note down all delin
quencies accruibg therein, and lhall
prnonauy inict the arms, ammiu .
nition, and accourrements. of all tin
der his command, and make acco
curate return of the whole thereof,
to. the commanding nffirr kf ViUh-ite " .
talioh, in five days thereafter 3 anc
moreover it fhall be the duty of the '
commanding officers of companies, "
to have their companies refpeftively
prcnarea, at the battalion mufiers, "
for infpeftion. bv means of wfnmi.; .
the forms of which, to be furniflicdlf 5
them by. t he brigade in fpeftor, thit
the commanding officers of the WL.
oh and bait . ien, to which they 7ef-
p ctively belong, whicvieturbifhall
bt hled,ready to be delivered to the? '
inlpeftor, as he fhall commence the
lnlpecticn, of each comply Arid
the commanding officers of legions
and battalions, fhall a
tivc legiohaiy and battalion murfers.
(as he cafe may beVake notice of
all delinquent officers, and fhall lay
the fame, together with returns of -
delinquencies, from the toramandr
dmg officers of companies, before.
the COUr S Of enauiHf: annrtthl .
under ' his aft to take cognizance of, .
and determine on them j and toeach
of the faid returns, fball be, annex
ed the followingceftificateg to wit ;;
1 do certify, that the re
turns hereunto annexed, Contain all
the delinquencies which have:
occurred fince my laft return, hav
ing duly exammed the fme,"
Sec is. And be it further enabled
That every commanding officer of
a company lhall, Within hye days
after every battalion and legionary
mufter, make up and report to the
commandingofficer of his battalion,
a return of his company, in fuch
manner and form as fhall be furnifhr
ed by the adjutant from time to
time ;' it fhall be the duty of the
Commanding officers of battal ns
to make like returns to the command
ding officers of legions, within five
days thereafter, Who ihalj caufe the
adjutant of his legion to make legi
onary teturns to the br-gade if tpec-
tor, wunin ten days thereafxtr.
Sec. 13, And be it further, enabled,
Thateach captain or commanding '
officer of a company, (hall appoint
to his company, four fergeant s, four
corporals drummer and fife, io
be approved of by the commanding
officer of his battalion ; the appoint
me nt of fuch non-commifliohed
officers to be evidenced by warrant
Under tha hand of the commanding
officer of rhe hattalion ; and if any '
perlbn fo appointed and approved
of, and having accepted, fhall refufe
or neglect to take upon him the
duties of his appointment, or fhall
neglect or refule toobey the orders
of his fuperior officer, he (hall for
each offence forfeit and pay a fum
at the difcretionof thecourt of n- ,
qui ryj not exceding ten dollars,' to
r-e affefled and applied an other hdes
imoofed this act. and. thef comr;
r . . r - r'v j Xl
manding; officers of battalions fhall
have power to reduce to the rahkt .
.1 n,y . non commi ffioned officer,,
wltom, on complaint made, and,due
notice given; he fhall find guilty q
1
1 it
.V
1
' :