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corporal, drummer, ffer and trumpeter, seven dol. lars, and thirty-three cents; each farrier, saddler and artificer, (included as a private) eight dollars; each gunner, bombardier and private, six dollars, and sixty-six cents.
Sec. 2. And be it further enacted, That in addition to the monthly pay, there shall be allowed to each of. ficer, 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 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 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 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.
Sec. 4. And be it further enacted, That in addition to the pay heretofore authorized by law, there shall be 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 sections of this act. Provided nevertheless, That the compensations made by any state, to the militia called forth from such state, shall be deemed to be included in the additional allowance authorized by this act; and such state shall be entitled to receive from the treasury of the United States, such sums as they shall have paid, or allowed to the non-commis
sioned officers, musicians and privates, over and above the pay heretofore allowed by law, and not exceeding the additional allowance granted by this act.
Sec. 5. And be it further enacted, That for the completing and better supporting the military establishment 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 here. after to be enlisted, the additional pay of one dollar per month, during the terms of their respective enlistments; and to each soldier now in the service of the United States, or discharged therefrom, subse. quent 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 four dollars of each additional bounty hereby granted, shall be deferred, until the soldier enlisting shall join the regiment or corps, in which he is to serve.
Sec. 6. And be it further enacted, 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 flour or bread and two ounces of beef or pork, in addition to each of their ra. tions, and half a pint of sạlt in addition to every hun. dred of their rations. APPROYEP, January the second, 1795 :
President of the United States.
An ACT to provide for calling forth the Militia to exe
cute the Laws of the Union, suppress Insurrections, and repel Iinvasions; and to repeal the Act now in force for those Purposes.
Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be lawful 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 insurrection in any state, - against the government thereof, 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.
Sec. 2. And be it further enacted, 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 mili. tia 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. Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby di.
rected 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.
Sec. 4. And be it further enacted, 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. And be it further enacted, That every offi. cer, non-commissioned officer, or private of the militia, who shall fail to obey the orders of the President of the United ates, 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 payment of the fines adjudged against them, for one calendar month, for every five dollars of such fine.
Sec. 6. And be it further enacted, That courts maro tial for the trial of militia, shall be composed of mili. tia officer's only.
Sec. 7. And be it further enacted, 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 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.
Sec. 8. And be it further enacted, That the mar. shals 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. And be it further enacted, 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. And be it further enacted, That the act, entitled, “ An act to provide for calling forth the mili