Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1803-08-09 00:00:00, page 2

Sec. 14. And be it further enacted, That
the commifli>ned officers of the several leg
ions, shall meet once in every year, within
their refpeaive legionary dittrias, for the
purpose of being trained and inftruaed by
the brigade inipeaor ; the days and places,
of meeting to be fixed on by the command
ing officer of the brigade to which the leg
ions belong, the officers, thus assembled,
shall each continue three days, and no long
er ; every time they are so called out, the
eldest officer present shall call the roll on
each day, and report the delinquencies to
the succeeding legionary court of enquiry,
and every officer failing to attend such
meeting, on being fumtnoned, not having a
reasonable excuse, to be adjudged of by the
court of enquiry, shall forfeit and pay for
each day he shall fail so to attend, ten dollars,
to be appropriated as other fines arc by this aft-
Sec. 15. And be it further enabled, That
any officer who shall be guilty of disobedi
ence, or other mifbehaviour, when on duty,
or sh ill at any time be guilty of any conduct,
unbecoming the character of an officer, shall
be put under arrell by his commanding offi
cer, and tried as by this a& is direded.
Sec. 16. And be it farther enabled, That if
any non -commissioned officer or soldier,
shall behave himfelf disobediently, or muti
nously, when on duty, or before any court
or board, direded by this a& to be held, or
shall leave the ranks without permission of
his officer, on any occasion of parading the
company to which he belongs, or appear
drunk, or use any reproachful or abusive
language to his officers, or any of them, or
shall quarrel himfelf, or promote any quarrel
among his fellow soldiers, the court or board
may confine him for the day, or he shall be
disarmed and put under guard, by order of
the commanding officer present, until the
company is dismissed, as the case may be.
And he shall moreover, be fined at the dis
cretion of the court of enquiry, in any sum
not exceeding ten dollars, nor less than erne
dollar, to be appropriated as other sines-im
posed by this a&.
Sec. 17. And be it farther enabled. That if
any bystander shall interrupt, moled, or insult
any officer or soldier, while on duty at any
muster, or shall be guilty of like conduct
before any court or board, the commanding
officer, or such court or board may cause
him to be confined for the day. -And that
the commanding officer of each brigade, le
gion, battalion, or company, shall have
power to fix certain limits to their refpeaive
parades, within which no fpe&ator or by
stander shall enter, without permission from
the commanding officer, and if any person
shall intrude or offend, he (hall be liable to
be confined during the day, in ffich manner
as the commanding officer shall direct
Sec. 18. And be it further enafled, That all
commissioned officers are required to appear in
full uniform when on duty, and on failure shall
forfeit and pay five dollars for each offence, to
be afleffed and appropriated as other fines im
posed by this a&
Sec. 19. And be it further enafted. That a
brigade infpedor, to actas brigade major, and
be commissioned with the rank of major, shall
be appointed by the President of the United
States, and the lieutenant colonel comman
dants are hereby authorifed to appoint a le
gionary ftaff,to consist of one adjutant one quar
ter mailer, one pay mailer, to be taken from
ihall be annexed the tallowing certificate,
to wit : "I do certify that the
returns hereunto annexed, contain all the
delinquencies which have occurred since mv
last return, having duly examined the fame."
Sec. 12. And be it further enabled. That
every commanding officer of a company
shall, within five days after every battalion
and legionary muster, make up and report to
the commanding officer of his battalion, a
return of his company, in such manner and
form as shall be furnifhed by the adjutant
from time to time ;it shall be the duty of
the commanding officers of battalions to
make like returns to the commanding officers
of legions, within five days thereafter, who
shall cause the adjutant of his legion to
make legionary returns to the brigade infpcc
tor, within ten days thereafter.
Sec. 13. And be it further enabled, That
each captain or commanding officer of a
company, ihall appoint to his company,
four sergeants, four corporals, a drummer,
and fifer, to be approved of by the com
manding officer of his battalion ; the appoint
ment of such non-commitfioned officers to
be evidenced by warrant under the hand of
the commanding officer of the battalion ;
and if any person so appointed and approved
of, and having accepted, shall refufe or neg
lect to take upon him the duties of his ap
pointment, or shall neglect or refufe to obey
the orders of his superior officer, he ihall
for each offence forfeit and pay a sum, at
the diferetion of the court of enquiry, not
exceeding ten dollars, to he affclfed and ap
plied as other fines imposed by this act, and
the commanding officers of battalions shall
have power to reduce to the ranks any non
commiflioned officer, whom on complaint
made, and due notice given, he shall
find guilty of mifconduQ, or neglect of
duty.
the officers of the line, and one fargeon, one
Turgeon's mate, and also one sergeant major,
one quarter masters sergeant, one drum major,
and one fife major, which appointments shall
be evidenced by warrants under the hand of
the lieutenant colonel commandant, and it
Ihall be the duty of the brigade infpeftor, to
attend the brigadier general when required,
to receive and execute all orders necessary to
carry into effed the provisions of this law, and
to attend the annual training of the officers,
and at the fcveral legionary and battalion
mullers, and he shall infeed the several battal
ions belonging to his brigade, at their refped
ive mullers, and he shall take an accurate ac
count from personal infpedion, of the quality
of the arms and accoutrements, and whether
the fame are fit or unfit for service, and shall
afeertain with precision the bores of muskets;
and shall make annual returns in the month of
June of each year, of the Gate of the militia of
the brigade to which he belongs, to the com
manding officer of the brigade, to be by him
reported to the President of the United States,
and upon refufai or neglect he shall be fubjed
to a fine of thirty dollars, unless he can make
a reafonabte excuse to the commanding officer
of the brigade. And it shall be the duty of
the adjutant to attend and execute the orders
of the commanding officer of his legion, ne
cessary to carry into effed the provisions of this
law, and to attend the legionary and battalion
mullers,asalfo the meeting of the officers within
his legion, and upon refufal or negled, he shall
be fubjeft to a fine not exceeding fifteen dollars,
nor leg than five dollars, at the diferetion of the
legionary court of enquiry, unless he can make
a reasonable excuse to the commanding officer
of his legion ; and it shall further be the duty
of the adjutant to assist generally in the necessa
ry training of the militia, and he, together
with the brigade infpeftor, shall be allowed
such compensation as the legionary courts of
enquiry may from time to time think reasona
ble, to be paid out of the funds arising from
fines.
Sec. 21. And be it furtber enabled. That the
fines and penalties, incurred by infants and
apprentices, for the breach or neglect of their
duty, in any particular service, by law requir
ed of them shall be paid by the parent, guar
dian or mailer.
Sec. 20- And be it further enabled, That the
following forfeitures and penalties shall be incur
red for delinquencies, viz. By a lieutenant col
onel commandant or commanding officer of a
legion, for failing to take an oath to summon
any court or board, or failing to give notice of
a brigade, legionary or battalion muster ; to
report delinquencies, to make returns of his le
gion, shall for each and every such offence or
negled, forfeit and pay a sum not exceeding
seventy dollars ; for failing to fend into service
any militia legally called lor, three hundred dol
lars. By a major for failing to take an oath, to
attend any court or board, to give, notice of any
brigade, legionary or battalion muster, to exam
ine his battalion, to report delinquencies, or to
make any return, he flrall forfeit and pay for each
offence and neglect, a sum not exceeding thirty
dollars; for failing to call forth his battalion with
due dispatch, any detachment of men or officers
as (hall be required from time to time by the
commanding officer of his legion, or any call
from the President of the United States, one
hundred and fifty dollars. By a captain, for fail
ing to take an oath, to attend any court, to enrol
his men, to give notice of a brigade, legionary or
battalion muster, to attend any muster armed, to
cause his roll to be called, examine his company
and report delinquencies, or to allot his company
into divifionsfrora one to ten,for a regular rotine
of duty, or to make any return as directed by this
a6l, he shall forfeit and pay for each and every
offence and neglea, a sum not exceeding twenty
dollars; failing to call forth such officers and
men, as shall from time to time be legally called
from h;s company, upon any call from the Presi
dent of the United States, or failing on such oc
casions to repair to the place of rendezvous, he
dial; forfeit and pay feventy.five dollars. By a
(übaltern officer, for failing'to take an oath, to
attend any court or muster, armed as dirtied, for
each and every fu h offence he shall forfeit and
pay a sum, at the diferetion of the court of enqui
ry, not exceeding ten dollars ; failing to repair to
the place of rendezvous, armed as required, when
ordered upon any call from the Prudent, he
(ball forfeit and pay fifty dollars, to be adjudged
of and determined by the refpeaive legionary
courts of enquiry. By a non commissioned of
ficer or soldier, for failing to repairto his rendez
vous when ordered upon any call from, the Pre
sident, he dial! forfeit and pay a sum not exceed
ing fifty dollars, to be adjudged of and determin
ed by the refpeaive battalion courts of enquiry,
and moreover (lull be enrolled in the class defi
ned to perform the next tour of duty : all offic
ers failing as before mentioned, shall be fubje&
to be arretted, tried, censured, or cashiered, at the
diferetion of rhe battallinu courts of enquiry.
Any uon-commiffioned officer or soldier failing
to attend at his brigade, legionary, battalion or
company muster, armed and equipped as the law
direas, shall forfeit and pay a turn not less than
leventy-five cents, nor more than five dollars, at
the diferetion of the battalion courts of enquiry.
If any non.commiffioned officer or private fliall
be returned as a delinquent in not appearing,
armed and accoutred as the law direas, the court
of enquiry before whom the fame shall be tried,
may if it appear reasonable, remit the fine incur
red by him, provided every such delinquent shall
make it appear that he was unable to procure the
legal equipment. Any private at or near the
muster ground at any legionary, battailion or
company muster, who shall refufe or neglea to
go into the ranks when required, shall forfeit and
pay ten dollars.
See. 22. rfr.d be it further erased, That the
legionary court of enquiry shall at their firft
meeting in each year appoint by ballot, a col
le^or, who shall proceed to celled all fines af
fiffed by virtue of this ad, as also all fines in
curred under the ad of Co ngrefs, at their lad
ieffion, empowering the President to organize
the militia of the diffrid of Columbia, not pre
viously sent out foi colledion, upon a lift there
of, certified by the clerk of the court of enqui
ry, and delivered to him in sixteen days after
each legiona-y court of enquiry, who shall give
his receipt therefor,and having deduced a com-
;million of fix per centum,lhall account for, and
pay the residue into the hands of the payraaf
j ter in three months thereafter, and in case of
default, to be recovered against the collector
by motion, in any court of record within said
diftrid,ten days noticeof such motion being giv
en to the collector,at the firft legionary or regi
mental court of enquiry after the time before
limited, for accounting and paying to the pay
,inafrer as aforefaid, the fines collected by the
collector, he shall mark return and report to
said court of enquiry,of such fines as cannot be
collected, by reason of the insolvency or want of
effect of the delinquent or delinquents ; & if the
said collector shall fail to account for,& pay into
the hands of the paymaster as aforefaid, in the
residue of the fines by him collected aforefaid,
the whole amount of such fines, including his
commission, shall be recovered against him, by
motiod, in any court cf record within this dif
trid, ten days previous notice of such motion
being given to laid collector,and if such collector
.shall fail to make return and report as aforefaid
I of such fines as he shall be unable to collect by
I reason of the causes aforofaid, or shall make a
;falfe return and report of the fame, the whole
amount of the fame shall be recovered of said
collector, in like manner as if he had a^ually
collected the fame. And should any person so
charged with fines, fail to make payment when
called on, the collector is hereby authorifed to
make distress and sale therefor. The collector
Ihall, mmediately after his appointment, and
before he shall proceed to his collection givebond
and fecurity,for the faithful performance of his
duty, in such penalty as the court of enquiry
may think propper.
Sec. 23. And be it further enabled, That the
fines thus paid into the hands of the paymaster
by virtue of this ad, shall be held as a fund for
defraying the salaries of the officers and other
persons herein mentioned, and the maintenance
and inftru&ion and pay of musicians, and of
equipping and furnifhing the militia with stan
dards and musical inftrufoents,and uniforms in
certain cases, with every other thing necessa
ry ; to be adjudged and determined by the
legionary court of enquiry,and all accounts pas
sed by the said court, and cer ified by the lieu
tenant colonel commandant, shall be fufficient
to athorize the paymaster to pay the fame $
the paymaster shall keep a regular account of
all monies received and disbursed by him on
account of the legion, and shall once ir. every
three months, render his accounts, & fettle with
the court of enquiry. The paymaster shall give
bond and security, to be approved of by the
court of enquiry for the faithful performance
of his duty,and shall be fubjedto the famemode
of recovery for delinquency asis herein prescrib
ed in the case of a delinquent collector, & shall
be allowed a commission of two and an half
per centum on the fcveral sums by him disbur
sed.
Sec. 24. And be it further enafled, That the
President of the United States be authorifed and
empowered,on an invasion, or infurredion, or
probable profped thereof, to call forth such a
number of militia, and from such county, and
in such a manner,whether by rotine of duty or
otherwise, as he may deem proper ; and for
the accommodation, equipment and support of
the militia, so at any time to be called forth ;
the President of United States may appoint such
quarter makers, commissaries, and, other Raff,
as to him shall seem proper, and to fix their
pay and allowances, and shall also take such
measures for procuring, transporting and issuing
all orders which may be necessary. Orders for
the militia to be called forth as afortfaid, shall be
sent to the commanding officer of the diftri& of
Columbia, with notification of the place or plac
es of rendezvous, who fl>all immediately take
measures for detaching the fame, with the nectf
fary number and ranks of officers, by detail and
rotation of duty or otherwise, as he may be or
dered. Whenever any militia shall be called
forth into a&ual service asaforefaid, they shall be
governed by the articles of war, whico govern the
troops of the United States. And courts mar
tial shall be held as therein are direded, to be
compiled of militia officers only, for the trial of
any person, in the militia, but to the cashiering of
any officer, or capital punishment of any person,
the approbation of the President of the United
States shall be necessary ; and when any militia
shall be in a&ual service, they shall be allowed
the fame pay and ration, as are allowed by law to |
the militia of the United States. If a sudden in
vasion shall be made into either county in this
diftria, or in case of an infurredion in either
county, the commanding officer of the militia of
the diftrid, or of such county, is hereby authori
zed and acquired to order out the whole or such
part of the militia, as he may think necessary, and
in such manner as he may think beft,for repelling
or suppressing such invasion or infurre&oo, and
shall call on the commanding officers of the ad
jacent counties for such aid as he may think ne
cessary, who shall forthwith and in like manner
furnish the fame, and in the event of any militia
ordered out by the commanding officer of a coun
ty, or of the diftrid as herein authorifed, such o f.
ficer shall immediately notify the fame, and the
cause thereof, to the commanding officers of the
ditlria,or to the President of the United States,
as the ole may require.
Sec. 25. Ard be it Junto enabled, That all so
arms, ammunition, and equipments of the mill,
tra, shall be exempted fr<m exc<utions and dif
trels at all times, arid their perlons from arrest
and process in civil cases, while going to, con
tinuing at or returning from musters, and while
in actual service.
to the commanding officers of corps, nfptainq
the militia of the diftrirt of Columbia, st bn fl„q
be exempt from all other militia cuty, and fusil
receive such compensation, as the legionary court
of enquiry, in which difirid such order's may
from time to time be delivered, thill think pro
per, on his producing to the court a certificate of
his having difeharged the said services.
Sec. 27. bind be it hotter enabled, Thst all
non-commissioned officers and privates, belong
ing to battallion companies, shall appear while
on duty, uniformly clothed, the color and f.fh
ion of which uniforms to be determined on for
the refpeaive legions, by the firft legionary court
of enquiry which shall be held, and to'be ap
proved of by the brigadier general, provided the
expense of the fame, additional 10 that of usual or
dinary, aird cheap eloathing, does net exceed five
dollars for each person, and every such non-com
midipped officer, or drummer, or fifer, or private,
appearing at any muller held after three months
from the time that luch uniforms fliall have been
determined on, and the order relative thereto
shall have been published in feme newspaper
within the legionary diftrid, and not wearing
the fame, fliall be fined five dollars for each of
fence, unless he can make it appear to the fatis
fadion of the court of enquiry of the battalion
that he was unable to equip himfelf.
Sec. 28. And be itfothr enabled, That the re
fpe&ive courts of enquiry shall have power to
cause to be bound for a term of years, to the fev
pl commandants of companies, battalions, and
legions, arid their successor, in office aS the case
may require, such a numlfr of boys add youn^
men, with the consent of their patent or other
petfon awhQrttd, as they in their d fcretion may
deem proper, for the purpose of being inftruaed
in the different branches of military music, and of
serving as musicians when they may be competent
thereto, to the several companies, battalions, and
legions ; and the father of any youth who may be
so bound, other wile fubjea to be enrolled,fhall be
exempt from all duty in the militia, so long as his
son so bound may continue to serve in the corps to
which he would otherwise belong, as weM during
his apprenticeship as thereafter; and the several
legionary courts of enquiry shall make provision
from time to time for the cloathing, maintenance,
iand the properly inftruaing all such youths, to be
paid from the funds arising from the fines imposed
by this a& , and the commanding officers of le
gions, shall cause the drunmers and filers, and
other muficions of their refpedive legions to meet
at the fame times and places that con missioned
officers are required to meet, for the purpose of
being trained by the brigade ibfpt&or, or other
officer, there to be inftruacd in their refpeßive
branches of music, for which purpose the com
manding officer of the legion may employ such
person or persons as he may think proper and ca
pable to inftru& such drummers and filers, and
other musicians. The person so to be employ
ed by the commanding officer of the legion, to
be allowed such compensation as the legionary
court of enquiry may authorife, and each drum
mer and fi fer, and other musician, unless an ap
prentice, shall be allowed during the time they
are convened, one dollar per day, to be paid out
of the funds arising from fines.
Sec. 29. And be it soother enabled, That the se
cretary ot war shall cause a fufficient number of
copies of tffc law, trgether with the aft of Con
gress, more efftaually to provide for the nation
al defence, by establishing an uniform militia
throughout the United States; and the a& of
Congress for calling forth the militia to execute
the laws of the Union, fupprels infurreaions,
and repel invasions; and the articles of war ; to
be printed and distributed thronghour the territo
ry of Columbia, so that every general and field
officer therein, and every brigade infpt &or, and
captain be furnifhed with one copy each.
NATHI. MACON,
Sec. 26. dud be it funher cabled, That the
brigadier generals, are hereby empowered and
authorifed to employ tome person within their
ref;c&ive difln&s to c onvey all orders from them
Speaker of the House of Representatives.
STEPHEN R. BRADLEY,®
PreJident of tie Senate pro tempore.
Approved, March 3d, 1803.
TH : JEFFERSON.
Prefdent of the United States.
it — "--——-tr^r—^^T^^
Latest Foreign.
London, May 26.
THE Hamburg Mail has brought itefli
gence of the adjustment of the differences
between Ruflia and Sweden, by convention.
The demand of occupying Sicily with
French troops has been retufed tor the third
time.
A letter from Algiers, dated April 2s,
fays, Mr. Falcon, the Britilh Consul, has
been expoled to the mofl imminent danger.
An officer of the Regency and a party of
guards summoned him to open his houfe—^
the domestics fled, the house was broken op
en, and two Turkish women found in it,
were condemned to receive each 500 blows
with a flick. One of the slaves having
ms.de a confeffiep which criminated the
Consul and his secretary, they were both
seized, feni on board a vessel, and compeil~
ed immediately to put to sea.
General Bruce, French Ambaflao'Cf ar
Congantinople, has made an unfoccrfsfol