Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1803-08-09 00:00:00, page 1

Sec. 2. And be it further enabled,That the
President of the United States, (hall When
he may deem it necessary, appoint the prop
er officers, to compose at least one troop of
cavalry, one company of artillery, cne com
pany of light infantry, and one company of
grenadiers or riflemen, to each legion, which
officers (hall proceed by voluntary enlistment,
within their legion, to complete their compa
ny or companies with the least possible delay,
and every person belonging to the said com
panies shall wear, while on duty, such caps,
or hats, ah I uniforms,to be purchased at their
own expence, as the commanding officer of
the brigade,to which they belong, (hall deter
mine on, and direct ; and the said companies
shall perform the lame rotine of duty, and
be fubje& to the fame rules, regulations,
penalties, and orders, as the rest of the mil
itia ; the President may nevertheless, or
der them, or any of them, out on duty, as
occasion, in his opinion, may require, by
entire companies. That no person belong
ing to any battalion company, Shall, under
colour of enlisting into any company to be
made up by voluntary enrolment, be excuf
cd froth doing duty in the infantry, and in
the company in which he had been enroll
ed, or might be enrolled, until he Shall hate
equipped himfelf for service, in such volun
teer company, according to law, and Shall
have produced a certificate thereof, from the
commanding officer of such company, to the
commanding officer of the battalion compa
ny,to which he did or might properly belong;
and no person having enlifled in any volun
teer company, Shall be permited to withdraw
bimfelf from the fame, under the penalty of
ten dollars, unless in case of removal from
his legionary district, to be recovered as
other'fi""s imposed by this a&, upon the
eviden e of the commanding officer of the
company, from which he Shall so withdraw ;
vfiich commanding officer Shall return all
such cases to the firft battalion court of enqui
ry, that Shall fit thereafter. And the com
manders of the respective legions, Shall direct
by order, to the different commanders of bat
talions, to what battalions, the different vol
unteer companies Shall be attached, and Shall
parade with on battalion duty ; and ihall di
re<st how they Shall be polled on legionary
parades, unless differently ordered by the
brigadier general.
Sec. 3. And be it farther enabled, That
where any battalion or company diftri&s,
or alteration in districts aaually laid off,
may hereafter be found necessary, the com
manding officers of legions Shall assemble the
commanding officers of battalions and com
panies at some fit and convenient place, and
may proceed to lay off or alter any such bat
talion or company diftrids, which diltrias
shall in all cases be designated by certain
lines and bounds, and recorded by the clerks
of the refpc&ive courts of enquiry.
Sec. 4. And be it further enabled, That
it Shall be the duty of the commanding offi
cers of the companies to proceed forthw^fi
to divide <M[ companies into divifi„ ns by
baling fem one % ten, for the purpose of
regular refine of duty when Called into actual
fervid , an d to return a softer of each division,
\nd its'nutnber or rotation, within fifteen
days thereafter, to the commanding officer
of his battalion, who shall forthwith trans
mit the fame to the commanding officer of
m^Q=ra
[Publifad by Authority.)
SEVENTH CONGRESS
OF THE
CTmtcn States;
Ar the Second Session,
begun and held at the City of Wajhington, in the
Territory of Columbia, on Monday, the Jixth
of December, one thoujand eight hundred
and two.
AN ACT
More effectually to provide for the organiza
tion of the militia of the diJirift of Colum
bia.
BE it enabled by the Senate and House of
Representatives cf the United States of Ameri
ca, in Congress affembied, I hat it shall and
may be lawful tor the President of the Unit
ed States, whenever an increase of the mil
itia of the territory, or other circumstances,
Ihall in his opinion make it necqflary, td
lay off the said militia into additional com
panies, battalions, regiments, or legions and
brigades, and (hall appoint and CQmmiffion,
during plcafure, the proper officers for the
fame.
NUMBER 5o- VOL. fV.]
PORTSMOUTH, (NEW-HAMPSHIRE) PRINTED BY 3. NETTIE' PR,.lox OF TIE LAWS 0 THE UNITED STATES
eUfjen pou Wall tbefe Deebs relate speak of then as tbe? are : Dotting extenuate, not set boson outfit in malice.
Republican Ledger,
Sec. 5. Arid be in further enabled, That
each and every officer appointed, or who may
hereafter be appointed and commissioned in
manner aforefaid, Shall, previous to entering
on the execution of his office,take the follow
ing oath, (to be administered by a justice of
the peace, or the court of the county in which
such officer resides) to wit : “ I
do Swear that I will support the constitution
of the United States, and faithfully discharge
the duties of in the
of the militia of the dif
tria of Columbia, to the belt of my Skill
and judgment, so help me God." If the
said oath be administered by a justice of the
peace, it Shall be his duty to certify the
fame to the court of his refpeaive county,
there to be entered of record by the clerk.
Se&. 6. And be it further enabled, That
the commanding officers of companies,
Shall enrol every able bodied white male,
between the ages of eighteen and forty
five years, (except such as are exempt from
military duty by the laws of the United
States) resident within his diftria ; and
that in all cases of doubt, refpeaing the age
of any person enrolled or intended to be en
rolled, in any company; the party questioned
Shall prove his age to the fatisfaaion of the
legionary court of enquiry, within whose
bounds he may reside ; and it shall at all times
hereafter be the duty of every such captain or
commanding officer of a company, to enrol
every such white male as aforefaid, and all
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 his bounds, and Shall,
without delay, notify such person of the
said enrolment, by a proper non commissi
oned officer, by whom such notice may be
proved.
Sec. 7. And be it further enabled, That
the President of the United States, upon
complaint for mifeondua lodged with the
department of war, in writing, by any one
or more commissioned officers, may at his
diferetion cause to be arrested, any major
general or brigadier-general, and order ?
court martial, to be composed of all the o'' ner
general officers, field officers, and captains,
or so many of them (having regard ta f ei „_
ority) as Shall amount to thirteen, in the
militia ofthe territory , whic^ cc,urt martial
Shall proceed in the fame w a y, an d under the
fame reftriaions, as is bereafaer provided for
the trial of held off cers4 And any major
general or brigade general, for mifeondua
within their even kfyoledge, or upon com
plaint lodged in writing,by any commissioned
officer, shall have power to arrest any lieuten-
a D, colonel commandant, aid-de-camp, brig
ade infpea r j r , and major,or any other inferior
officer q and the commanding officer of the
d"Gon or brigade, Shall order a court mar-
Gal, for the trial of such lieutenant colonel
conynandant, aid-de-camp, brigade infpe6t
or, to be composed of one brigadier general,
and as many lieutenant colonel command
ants; majors, and captains, as Shall make up
a number not less than thirteen , and such
courts martial Shall proceed to hear and deter
mine on all offences under this act, and may
censure or caShier such officer: which sen
tence Shall be final, when approved by the
flined to perform the next tour of duty ;
and if any captain or commanding officer
of a company shall refufe to grant such cer
tificate upon application to him made
for that purpose, he shall for such refu fal
incur a penalty of thirty dollars, to be assess
ed and applied as other fines imposed by this
act.
the regiment or legion, who Ihall direct the
facet to be recorded by the clerk of the
court of enquiry. The fame regulations
shall be obfeived by every commanding offi
Cci of a company, battalion and legion or
regiment, on the subsequent enrolment of
any person therein, unless such person shall
produce a certificate of his having been be
fore drawn for the above puipofe, in which
case he ihall be enrolled accordingly ; and
any mdi'v. man removing out of the bounds
of one company into another, (ball apply
to the commanding officer of the company
to which he did belong, who shall give him
a difeharge, certifying the class wherein he
was arranged, and whether he had perform
ed his tour of duty or not, and also the time
and date of such service, which certificate
the said militia man shall produce to the
captain or commanding officer of the com
pany into whose bounds he shall so have
removed, within ten days after his settlement
and such officer is hereby required to enrol
him in the numerical class fpecificd therein,
and every militia man so removing, and
tailing to produce such certificate, shall be
arranged and enrolled in the class de-
TUI-NDAY, /UGUjT 9, 1803.
enquire into all delinquencies which appear
on the returns, to be laid before me, and will
assess the fines thereon, as shall seem just,
without favor, partiality, or affection, so help
me God :' The presiding officer (hall then
lay before the said court, all the delinquen
cies, as direaed by law,whereupon, they Shall
proceed to hear and determine. And there
Shall, moreover, be legionary courts of enqui
ry, for the affeflment of fines incurred by the
officers of the legion, and for other duties, re
quired by this a&, such courts of enquiry
shall be held by the appointment of the com
manding officer of the legion, in not less than I
ten; and not more than twenty days, after the
battalion courts of enquiry, in every year,
and moreover, one legionary court extraor
dinary, shall be in like manner appointed,
and held, during the month of March; in
the present year, for the purpose of appoint
ing the company mullers of the year, and
for appointing a clerk, provost martial, and
collector, as hereinafter dire&ed, and for
other duties, by this a^. prescribed, the said
legionary courts of enquiry to confitt of the
commanding officers of the legion, battalions
and companies, or 4 majority of them, who
(hall take an oath, in manner and form; as
prescribed above ; the commanding officer
°f i'le legion, Shall then lay before the laid
'court, all delinquencies, dire&ed by law,
whereupon they Shall proceed to hear and
determine. It Shall be the duty of the pre
siding officer of every inch court of enquiry,
to return to the next legionary court of en
quiry, all delinquent officers, failing to at
tend the preceding court, to be proceeded
against according to law. The legionary
court of enquiry, may for good cause Shewn,
remit any fine imposed by the battalion
court; last preceding ; the said court, may
also exempt any millitia man from duty, on
account of bodily infirmity, and may again
direct such perlon to be enrolled, when able
to do duty. ~
Sec. 9. And be it further enabled, 1 hat
the refpe&ive legionary courts ^of enquiry,
shall annually appoint,by ballot, a clerk and
provost marlhal, who Shall attend the courts
herein before directed to be held ; the clerk
shall keep a fair record of the proceedings
ot such courts, as also of the rolter returned
by the several captains or commanding of
ficers of companies, for regular rotine of
duty, and shall make out for the collector, a
fair lift of all the fines alleged by the legion
ary and battalion courts, and one other lift
which shall b© retained by the clerk, on
Sec. 8. And be it further enabled, That
there shall be battalion courts of enquiry,
to be appointed by the commanding officer
of the battalion, for the afleffment of fine<,in
curred under this all, in such battalion, and
such courts of enquiry shall be held in the
months of May, Augufl and November, in
each year, at some convenient place within
the county, to consist of the commanding of
ficer of the battalion, and the commanding
officers of companies, which shall belong, or
to be attached to such battalion, or a majority
of them, who shall take the following oath, to
be administered by the presiding officer, and
afterwards by another officer of the court to
him:' 6 ! will truly and faithfully
President of the United States. And any briga
dier general, lieutenant colonel commandant
or major, for mifeondua in any captain or
fub^tern, within his own knowledge, or
upon complaint lodged in writing by any
commissioned officer, may arrest such cap
tain or subaltern; and the brigadier or com
manding officer of the brigade Ihall order a
brigade court martial, for the trial of such
captain or subaltern, to be computed of one
or mere field officers, and a fufficient num
ber of captains and fubaherns, to make up
a number not less than thirteen ; and such
courts martial shall proceed to hear and de
termine on all offences under this aft, and
may censure or cafliier any officer so tried ;
which sentence shall be final, when approv
ed by the president of the United States.
And for obtaining the necessary evidences
for the trials aforefaid, the President of the
United Slates, or the presiding officer of
the court martial, (as the case may be) ihall
iflue his summonses ; and every porfon so
summoned, failing to attend and to give
evidences, shall be fubjea to, and may be
tried by a court martial ; and if an officer,
may at the discretion of a court martial, be
cafhired or fined, not exceeding fix months
pay, as by law allowed, and if a non
commiflioned officer or soldier, or a person
not enrolled, to be reported to the court of
enquiry of the regiment, or legion, to which
he shall belong, or within whose bounds he
shall reside, and be then fubje& to such
fines and penalties, as they may think
proper to inflia, not exceeding forty dol
lars.
[I DOL. 50 CTS. PLR ANNUM.
which lift the collectors receipts Ihall be
taken ; the said lilts shall be made out and
delivered to the collector in fifteen days after
each legionary court of enquiry, and shall
perform all other duties required by this a&,
and together with the provost marshal, shall
receive such allowance, to be paid out of the
fines, as the legionary court shall think rea
sonable.
Sec. 10. And be it further enabled. That
all fines incurred under the a& of Congress,
passed at their lad session, empowering the
President to organize the militia of the diilria
of Columbia, and not then returned to the
officers thereby authorifed to colled the fame,
shall be returned to the firfl legionary court
of enquiry which shall be held in the respec
tive counties, to be by them proceeded with
as in the case of fines by thi< a&alTelled.
S c. 11. And be it further enabled, I hat
there Ihall be a muller of each troop of caval
ry and company of militia, comprehending
the companies made up by voluntary enrol
ment, once in every month, except the
months of January, February, March, May,
October and December, in each year, to be
appointed by the refpeaive legionary c urts
of enquiry, at such places as may be deemed
most convenient within the county, and that
the time and place for the mutters ah refaid,
shall be fixed by the fiilt legionary court of
enquiry, which is held next after the jailing
of this ad, fubjea to such changes as future
legionary courts ot enquiry may think proper;
and there shall be a muller for exercise and
infpc&ion of each battalion, in the month of
May, in every year, to be appointed by the
commanding officer of the brigade, to which
such battalions refpeaively belong, at such
places as he may think proper within the
county. There shall also be a mutter of
each legion in the month of October, in
each year, to be appointed by the command
ing officer of the brigade, to which such leg
ion belongs, at such place as he may think
most convenient within the legionary diftria;
which said company, battallion, and legion
ary musters, shall continue one day, and no
longer ; the time and place of such legion
ary, company and battalion musters, Ihall
be notified to the commanding officers of
legions, thirty days previous thereto ; the
commanding officers of legions shall give
notice to the commanding officers of battal
ions, of such brigade, legionary companies
and battalion musters, at leaf! twenty days 5
the commanding officers of battalions to the
commading officers of companies at lealt
fifteen days ; and the commanding officers
of companies to their sergeants, at leaff ten
days, and the sergeants to each person in
his company, at least three days before such
musters, rcfpe&ively ; the notices to be
given by the commanding officers of briga
des, legions and battalions, and companies
shall be in writing, delivered to each per
son to he notified, or let: at his usual place
of abode, and every sergeant tailing to give
notice, agreeably to the orders of the com
manding officer of his company, to each
person therein, fnall forfeit and pay for each
and every offence, five dollars, to be affefled
and recovered as other fines imposed by this
abt ; nevertheless, all notices publicly given
by the commanding officers of companies,
at their refpeaive musters, of any subsequent
muller, shall be held and deemed as legal
notice, as to all persons present at such mus
ters. Every officer and soldier Ihall appear at
his refpeaive mutter field, on the day ap
pointed, by ten o'clock in the forenoon,
armed and equipped. At every mutter,
the commanding officer of the company
shall cause his roll to be called, and shall
examine every person belonging thereto, and
note down all delinquencies accruing therein,
and shall personally infpea the arms, ammu
nition, and accoutrements, of all under his
command, and make accurate return of the
whole thereof, to the commanding officer of
his battalion, in five days thereafter ; and
moreover it shall be the duty of the com
manding officers of companies, to have their
companies ,refpeaively prepared, at the bat
talion mullers, for infpeaion, by means of
returns, the forms of which, to be furnifhed
them by the brigade infpeaor, through the
commanding officers of the legion and bat
tallion, to which they refpeaively belong,
which returns shall he filed, ready to be de
livered to the infpeaur, as he Ihall commence
the infpeaion, of each company. And the
commanding olficers of legions and battalions
shall at their refpeaive legionary and battali
on musters, las the case may be) take notice
of all delinquent officers, and Ihall lay the
fame, together with returns cf delinquencies,
from the commanding olficers of companies,
before the courts of enquiry, appointed under
this a& to take cognizance of, and determine
on them ; and to each of the laid returns,