Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-05-19

of five wears; and in case of the death or
internlarriage of such widow befor the ex-
piration of five years, the half pay for the
remainder Of the time shall 60 10 the child
or children Of said decedent; provided
that the Secretary Of War shall adopt such
forms Of evidence, To substantate the ap-
plication for such halfpay, as the Presl
dent of the United States may prescribe.
9th. That courts martial. for the trial
ofofficers, non-commissionedo officers, ar.i-
ficers, musicians, or privates of the militia
or volunteer corps, shall be composed of
militia officers only.
2Sih. That every officer, non-comm's.
stoned officer, artifcer, musician, or pri-
vate Of the militia, who shall fail to obey
the orders of the United States, in the case
provided for calling forth the ACTIVE force,
or parts thereof, I'm the 18th head,) shall
be fined, and forfeit sum not exceeding
three months pay, nor less than half a
months pay, according TO the circumstan-
ces of the case, as a court martial may de-
termine: and that every officer, non-com-
missioned officer, artifcer, musician, or
private, of the militia, who shall fail to obey
the orders of the President of the United
States, in any of the cases cited in the 18th
and 18th heads, shall forfeit sum moi ex-
ceeding one years pay, and not less than
one months pay, to be determined and adj
judged according to the circumstances of
the case, by a court martial and such of
| fcer shall, moreover, be liable TO be
cashIered by sentence of a court-martial,
land be incapacitated from holding COM
mission in the militia for term of four
years, at the discretion of the said court
and such non-commisSioned officers and
privates shall be liable to be imprisoned by
the sentence of the court marital, on fail.
ure of the payment of fines adjudged
against them, for one calendar month, FOR
every FIVE dollars of such fine.
Goth. That all fines assessed, as de-
scribed IN the preceding head, shall be
certified by the officer ordering the court,
or the revising authority ofthe proceedings
of the court-martial having approved OF
the same, to the marshal of the district in
which the delinquent shall reside, or 10
one of his deputies, and take a receipt
from the said marshal or deputy, as the
case may be, for the same; which receipt
and duplicate, of the certificate furnished,
he shall transmit for record to the adiu.
tant general Of the militia of the United
States that the marshal, or his deputy
having received the said certificate, shall
forthwith proceed to levy the said fine,
with cost, by distress and sale oil the goods
and chattels of the delinquent which
costs, and the manner Of proceeding with
respect TO the sale of the goods distrained
shall be agreeable to the laws of the State
in which the same shall be, as IN other
cases Of distress: and when a7y nor. com.
missioned~UfIcer or private shall be adj.
judged TO suffer Imprisonment, there being
| no goods or chattels to be found whereon
10 levy the said fines, the marshal Of the
district or his deputy shall commit such
| delinquent to Jail during the term for
which he shall be so adiudged 10 i:npr:son-
ment, or until the fine shall be paid in the
same manner as other persons condemned
to fine and Imprisonment at the suit of the
United States may be committed.
Both. That the marshals and their de.
puties shall make return of the levy oil
fines, as provided for in the foregoing head
to the adjutant general Of the militia the
United States, within sixty days, counting
from the time that the certificate of the
assessment of the said fines is placed in
their hands; and they shall also pay into
the hands of the said adiutant general,
within the above named limit of time, all
fines by them thus levied and collected,
deducting therefrom five per centum as a
compensation for their trouble: and in
case any Of the said marshals or their de-
puties shall fail TO make the required re-
turn, or pay over to the adjntant general
of the militia of the United States the
fines col 'ected, within the time above spe-
Gifted, it shall be the duty of the said ad.
jutant general to inform the Solicitor oil
the Treasury of the United States of the
same, who should be required to instruct
the district attorney of the United States
to proceed against the said marshal or de.
putty in the district court by attachment,
for the recovery of the same.
3Ist. That the marshals and their depu-
ties of the several districts shall have the
same powers in executing the laws of the
United States as sheriffs and their deputies
IN the several States have, by law, in exc.
cutting the laws ofthe respective States.
32d. That the money or moneys col
lected by the assessment of the fines re-
ferred to shall be applied TO the payment
of all necessary expenses, as far as the
same may be sufficient, for the repair oil
arms, the preparation and preservation Of
military munitions and for every other
necessary thing that may be incident 10
the calling forth, and to the service of the
militia, as provided for in the 18th head.
33d. That the President shall appoint,
by and with the advice and consent of the
Senate of the United States, one adiutant
general of the militia of the States, whose
duty It shall be TO receive and keep in the
files of his office all the reports and returns
OF the militia, with their arms, accoutre.
ments, and ANN milton, made by the ad.
Jutants general of the respective States,
distinguishing the same by the different
classes into which they are divided; also,
annually, on or before the last Monday in
February, to make an abstract or a con.
solidated return of the same, and lay il
before the President of the United States
to be, by the President, submitted yearly
to Congress. That it shall be his duty
likewise, to keep a record or copies, in a
book provided therefor, of all certificates
OF the assessment of fines by the judg.
ment of militia courts. marshal for the de.
| linnnencies cited In the 17th eth cd OIL