The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-11-19


into the service of the u. States in subsr;tu-
ton of the same number of the militia called
for by this act and in that case, the draft
shall so far cease to take effect And the
draft shall also cease to take effect in every
case IN which any class shall furnish mill
taman by contract az aforesaid
Sec. 8. Ind be nJisrther enacted, That it
shall be Lawful! for the President of the Unitcd
States to issue his order TO such officers of
the militia as he may think proper, to divide
the whole militia of each state and territory
into classes, and to make drafts thcrefrom a,;-
cording to the provisions Of the second sec
ton OF this act. And fer the purpose Of E.
quatzlng, as much IS possible, the contri5u-
toms ct the respective classes, i'll al cases,
where any class shall furnish militiaman by
contract, it shall be the duty of such militia
ottlccr or officers, in laying OFF the respective
districts comprehending each class, to appor-
ton the same, as nearly as, possible, accord
inS 70 the value of property, and the number
OF militiamen subject to draft within each dis
trict.
Sec. 4. Ind be il fii,shcr enacted, That for
the purpose of carrying into effect the provi-
slons OF this act, with equality and justice to
all descriptions OF the militia, it shall be the
duty OF every officer commanding company
or Infantry, to cnter upon his muster rcn eve
~ person subject u militia duty within the
beac or district comprchentling his company,
whether OF artillery, cavalry, grenadiers, lgh,
infantry, volunteers or by whatever other de-
nomination distinguished, including all nc,l-
com missioned otlcers and m,isiciai!s which
n'tstcr roll he shall make out, On oath. and
return 20 the officer commanding slie Satta-
lion, OF reg merit, to " hich he belongs; where
upon all the militia, of every ,lescriptien sen-
tered upon such muster rob, shall, in like
manner, be subject to classification, for the
purposes OF draft or contribution required by
this act aud in ali CAGES Of making lhe draft,
where the person drafted shall heretofore
have faithfully, performed any toYr of duty in
the militia since the commencement of the
war, either IS volunteer OF drafted militia
man, whether upon tie reQusition of the u.
states or OF any state or territory, he shall be
entitled 20 deduction for the whole of his
former term Of service. as aforesaid from the
term OF service required by this act and il
snail be che duty of the officer making such
ersit. IT the same time, TO make & true End
taithtu. report to the department of war of
all persons drafted by him, who shall pre-
Vlousiy have performed tour Of service as
aforesaid, specifying the nature and duration
ot such serv;cc-whercuPon it shall be the
duty of the secretary for the department of
war To cause discharges to be granted to all
snch persons, according to the principles of
the aforesaid provisions
Dec. 5. .9sd De If further enacted, That the
PRESIDENT or the United States be and he is
hereby authorised and required 70 organize
the militia of each state and territory, called
forth IN virtue of thus act into divisions, bri-
gades, regiments, battalions, and companies
as the numbers from eaci, state and territory
snaii render necessary and proper, concorma-
ny TO the laws and regulations respecting
the military establishment Of the T. States
g II snail be lawful for the proper authority
OF each state and territory to appoint and
commission all officers which may be requir-
Ell TO complete such organization.
Sec. 6. Ind be ii fyrther enactea, That eve
ry oficer. non commissioned officer, or pri-
vate, of the militia, who shall fail to obey the
orders of the President of the United States
IN Carrying into effect any Of the provisions OF
THIS act, shall forfeit and pay . sum not excee-
ung years pay. nor less than
months pay and such officer shall, moreo-
yer, be liable to be oashered by sentence of n
court martial aud be incapactated from hol
oine commission Ill the militia for term
y eHcee''ing at the discretion of the
Said court and such non-conimissioned off
Ger and private sl!aIl be liable to be iupr;son
cd, by Ike sentence. on failure to nav the
mes a1judged against them respectively; for
one calendar month for every Eve dollars Of
such fine.
Sec :. .lad &c +. .t,;,ther enacted, That tho
militia while employed IN fhe service Of the
Onited states in virtue OF this act, shall not
oe compelled to serve bcycnd the limits ethc
Cn!ted states, nor beyond the limits Of th,
site or territory furnishing the SINE, ami
tte '"n'ss OF an adjoining state o. territory -
except, that the iuilitia fror, KcDt1cky and
1 ernesS e may be required to serve in the de-
iencc' ara tr the Protection of Louisiana.
sc. ). INA be itfityfhrr enacled, That the
militia Aforesaid. whilst in inc service Of the
=. states, shall be subject to tie same rules
a',d articles Ct war, as The troops Of the l.
''tttes and, il Ike nenner, shall he allowed
inc same pay clothing, raticus aud f,racc &,
cnt'tied t. the sumo pryiIcdgcs and immupi-
States. y
Sec. 9. ind he IL f;rther enacted. That
after the classification Of the militia as aFore-
saH'' any three classes within any state or ter
ritcFy, which shall furnish, according 10 law.
two effective ablo-bodied recruits, to serve in
the army OF the United States during the
var, shall thereafter be EXEMPT from, TIC mill
ia service required by this act and to aid
them ~ this re pect, such recruits Snail lac
en'iticd, respectively, TO receive the bounty in
money and land, which is allowed to other
recruits respectively for the army afthc ". (,
ana w Az cases where recruits shall be FIR
nisned as atoresaid, tie same shall be deli
'crco - some recruiting officer in the service
OF inc United States, who shall Immediately
give LIS receipt therefor, on account Of tn,
classes fuTnfgF,iur ther- r