Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-05-07
by AUTHORITY.
ANAcT

provide for calling forth the militia to exc
cute the laws Of the union, suppress insuf-
rections, and repel invasions, and to repeal
the act now in force for those purposes.''
- BE IL enacted by the Senate and House
Of REPRESENTATIVES of she United States OF
America, In Congress assembled, That courts
martial, to be composed of militia officers a.
lone, for the trial of militia drafted, detached
and called forth for the service of the United
States, whether acting in conjunction with the
regular forces or otherwise, shall, whenever
necessary, be appointed, held and conducted
IN the manner prescribed by the rules and arti-
cies OF war for appointing, holding and con.
-ducting courts martial for the trial of delin,
quents in the army of the United States
Sec. Q. find belt further enacted. That
an all cases ia the militia, where an offence is
punishable by stoppage Of pay or by imposing
fine, limited by the amount OF pas, the same
shall be taken to have relation 10 the monthly
pay existing at the time the offence was CON-
mitted. i1
Sec. 3. Ind be R.furfher enacted, That
If any delinquent directed to be sumI.oned te
appear before court martial for neglect or
refusal to obey the orders Of the President of
the United States in any of the cases recited in
the First, second, third and fourth sections OF
the act, entitled I" An act To provide for cal.
Ling forth the militia to execute the laws OF the
unior, suppress insurrections, and repei inva-
sious, and TO repeal the act now in force for
those purposes" passed February twenty
eighth, one thousand seven hundred and niue.
Sty-hve, shall be absent wien any commits
STONED officer shall call TO summon him, it shall
be sufficient summoniug of such delinquent If
the noH-commssioned officer leave u copy OF
the summons or written notice thereof, sign
ed by him, with some person of suitable age
and discretion, at the usual place of abode OF
such delinquent at least ten days previous to
tire day OF appearance. And in case of tine nom
appearance OF such delinquent. the court mar
tial may proceed with his trial 10 the same man
ncr as ii had appeared and plead not guilty to
the charge exhibited agains thim.
Sec. 4. Ind be il /grtaer enacted, That
it shall be the duty of the president of any
court martial for the trial OF militia if rcuuir.
ed, aEd upon his being duly satisfied that such
testimony is material to the trial, to issue his
precept directed TO any person TO be summon
ed - a witness, commanding has or her atten-
dance at such court to testify for or against the
person To be tried, as the case may be, and any
witness having been duly summoned, and fail
ing to appear, without reasonable excuse,
shall forfeit and pay a sum not exceeding fifty
dollars, 10 be sued for and recovered in tie
name of the United States, By bill piain., or
information. in airy Court ct competent iuris
diction. And il any witness VIXEN called upon
for that purpose shall refuse 10 testify, or shall
behave with contemptto the court, OF il any
other person shall use any menacing words.
signs, or gestures, in presence thereof, or shall
cause any riot or disorder therein, it shalt be
lawful for such court TO punish every such OIL
fender by Imprisonment for term not exceed
ing one month At the discretion Of the court
Sec 5. md be ii further enacted, That
tor the purpose of Carrying into execution the
sentence, judgment CT order OF any such court
martial, tor any Of the offences specified in the
last clause OF Tho preceding section of this act,
1t shall be lawful for the court to issu' an Or
der 60 any commissioned officer of militia not
below the rank of captain, commanding him
TO carry the same into effect by military force,
whose duty it shall be to obey the same, and
execn;e the order accordingly.
Sec. 6 .dild he IL further enacted, That
on the trial OF deInquents, for Offences not CAPT
tai, by any such court martial, the deposition
of witnesses taken before g justice ofthc peace
or other person authorised 60 take afiidavits to
be read IN any court of record in Tie stat.
where the same shall be taken, may be read in
evidence, provided the prosecutor and person
accused are present at taking the SAGE, or al e
duly notified thereof. And further that the
returns of captains or other commanding OH.
Gers OF companies, OF delinqiients drafted or
ordered into the service of the United States,
who shall hive refused or neglected to enter
tho same, sworn TO as aforesaid, shall be com
peteht evidence Of the facts therein contain
ed.
Sec. Z. ind be it further enacted, That
If any person shall wiIluiiy swear false before
any such court martial, or in any affidavit or
deposition taken as afore said, lie or she shall
be adjudged to be guilty of wilful and cor
rupt perjury, and shall be indicted, tried and
punished accordingly, by any court of compe-
tent jurisdiction III the state where such OF
fence shall be committed.
Sec. 3. md 6ct fhrtker enacted, That
the militia. when called into the service o the
United States by virtue OF the before recited
act, may, If IN the opinion Of tina President OF
the United States the public interest require il,
be compelled to serve tor a term not exceed
ing six months after their arrival al the place
OF RENDEZVOUS, in any one year
Sec. 9. Ind be 10 Jnrthcr enacted. That
regimental chaplans in the militia which have
been or shall be called into the service of the
United States, shsIi receive the same monthly
pay and fations as captain Of infantry, with
the addition Of forage for one horse, and when-
ever called forth into tie service of Tie United
states, division quarter masters shall be enti
tied TO the pay, enolumenis and silowapoes OF
an assistant deputy quartz master general
brigade quarter masters 10 The pay, e no umests
and allowances OF an assistant dep. Or mas. gen.
and rcgimsntal quarter masters 20 tic pay and
emoiuments Of a lieutenant OF infantry, aud SIX
teen dollars per month in addition ,hs eto, and
forage Tor oae ho e; division inspectors shall
be emitted 90 To y, cnoiuments and allow
snces OF lie1te ut colonel of infantry brig.
ade majors TO q pay, emoluments and allow.
shces Of major Of infantry sids.de camp TO
siigadier generals to the ray, emoluments and
allowances OF captain OF infantry, with an adj