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tia, to execute the laws of the Union, suppress insurrections and repel invasions, passed the second day of May, one thousand seven hundred and ninety-two, shall be, and the same is hereby repealed. FREDERICK AUGUSTUS MUHLENBERG,
Speaker of the House of Representatives. HENRY TAZEWELL, President of the
Senate pro tempore. APPROVED, February the 28th, 1795 :
President of the United States.
An ACT to authorize a Detachment from the Militia
of the United States. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby authorized to require of the executives of the several states and territories, to take effectual measures to organize, arm and equip, according to law, and hold in readiness to march at a moment's warning, their respective proportions of one hundred thousand militia, officers included, to be apportioned by the President of the United States, from the latest militia returns in the department of war; and in cases where such returns have not been made, by such other data as he shall judge equitable.
Sec. 2. And be it further enacted, That the detachment of militia aforesaid shall be officered out of the present militia officers, or others, at the option and discretion of the constitutional authority in the respective states and territories; the President of the United States apportioning the general officers among the respective states and territories, as he may deem proper; and the commissioned officers of the militia, when called into actual service, shall be entitled to the same pay, rations and emoluments as the officers of the army of the United States.
Sec. 3. And be it further enacted, That the said detachment shall not be compelled to serve a longer time than six months after they arrive at the place of rendezvous; and during the time of their service the non-commissioned officers, musicians and privates shall be entitled to the same pay and rations as is
provided by law for the militia of the United States when called into actual service.
Sec. 4. And be it further enacted, That the President of the United States be, and he hereby is authorized to call into actual service any part or the whole of said detachment in all the exigencies provided by the constitution; and the officers, non-commissioned officers, musicians and privates, of the said detachment, shall be subject to the penalties of the act, entitled « An act for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions, and to repeal the act now in force for those purposes," passed the 28th day of February, 1795; and if a part only of said detachment shall be called into actual service, they shall be taken from such part thereof as the President of the United States shall deem proper.
Sec. 5. And be it further enacted, That no noncommissioned officer, musician or private, belonging to the aforesaid detachment of militia, who shall be ordered into actual service by the President of the United States, shall be subject to corporal punishment, by whipping, any thing contained in any act to the contrary notwithstanding.
Sec. 6. And be it further enacted, That in lieu of whipping, as provided by several of the rules and articles of war, as now used, and practised stoppage of pay, confinement and deprivation of part of the ra. tions, shall be substituted in such manner as is hereinafter provided.
Sec. 7. And be it further enacted, That any noncommissioned officer or private, belonging to the aforesaid detachment of militia, who shall, while in
actual service, be convicted before any court martial of any offence, which, before the passing of this act, might, or could have subjected such person to be whipped, shall, for the first offence be put under such stoppages
of pay as such court martial shall adjudge, not exceeding the one half of one month's pay for any one offence ; but such offender may, moreover, at the discretion of such court martial, be confined under guard, on allowance of half rations, any length of time, not exceeding ten days for any one offence; or may, at the discretion of such court martial, be publicly drummed out of the army.
Sec. 8. And be it further enacted, That the sum of one million of dollars be, and the same is hereby appropriated to be paid out of any monies in the treasury not otherwise appropriated, towards defraying any expense incurred by virtue of the provisions of this act.
Sec. 9. And be it further enacted, That this act shall continue and be in force for the term of two years from the passing thereof, and no longer. April 10, 1812. APPROVED, JAMES MADISON.
Extract from the Militia Law of the State of New-York, passed
March 29, 1808. Sec. 68. And be it further enacted, That the commander in chief of this state may in case of invasion or other emergency, when he shall judge it necessary, order out any proportion of the militia of this state, to march to any part thereof and continue as long as he may think necessary, and may likewise in consequence of an application of the executive of any of the United States, of an invasion or an insurrection, or an apprehension of an invasion of such state, at his discretion, order any number of the militia not exceeding one third part thereof, to such state : Provided, That they be not compelled to continue on duty out of this state, more than forty days at any one time: that while in actual service in consequence of being so called out, they shall receive the same pay and rations and be subject to the same rules and regulations as the troops of the United Stales of. America,
REGULATIONS. THE President is pleased to direct, that the follow. ing regulations be observed in relation to waiters :
Major generals will be entitled to six waiters brigadier generals four-colonels three-lieutenant colonels two-majors two-hospital surgeons two-and all other commissioned officers one each.
And whereas by an act of July 6th, 1812, it is provided “ That officers who shall not take waiters from the line of the army, shall receive the pay, clothing and subsistence allowed to a private soldier, for as many waiters as they shall actually keep, not exceeding the number allowed by existing regulations :" those officers who actually keep waiters not of the ar
will be allowed to draw money in lieu of clothing and subsistence the clothing will be estimated at the contract price, to be fixed by the commissary general; and subsistence will be estimated at twenty cents per ration, conformably to the act of April 12th,
The proper vouchers for officers claiming allowance under the foregoing provisions of this act, will be the certificate of the officer that he actually employed and kept in service the number of waiters charged, not of the army; and that he did not, during the term so charged, keep or employ as waiters or servants, soldiers from the line of the army.
Done at the War-Office of the United States, in
the city of Washington, this 20th day of July, in
Recruiting Instructions. OFFICERS charged with the recruiting service of their respective regiments, will receive money for bounties and premiums, from the paymaster of the army; and for contingent service, from the accountant of the war department : for all which they will give duplicate receipts.-Captains or principal officers recruiting for companies will receive money for boun. ties, premiums and contingencies from the officer commanding the regiment, for which they will give duplicate receipts, and be held accountable to the accountant of the department of war. They will also on the order of the commanding officer of the regiment receive from the proper officer, clothing, arms, accoutrements and camp equipage for their recruits, for which they will give the proper duplicate receipts, and be held accountable.
Each recruiting officer will transmit a statement of his accounts, monthly, to the commanding officer of the regiment, who will transmit the same with his own accounts to the accountant of the war department.
Officers recruiting for companies, will be held responsible for the good conduct of their recruits, and will transmit correct returns, weekly, to the commanding officer of the regiment.
Commanding officers of regiments will be held responsible for the good conduct, order and discipline of their corps, and will transmit, weekly returns to the adjutant general's office, shewing the strength and disposition of the regiment, the state of its discipline, and the alterations since last return.
Persons charged with the delivery of clothing, arms, accoutrements, ammunition, camp equipage, medicine and provisions, will furnish these articles respectively, on the order of commanding officers of regiments, when actually on the recruiting service.
When a recruiting officer shall send a party of recruits to the regiment, he will transmit to the com