certificate thereof, from the commanding officer of such company, to the commanding officer of the battalion company, to which he did or might properly belong; and no Whence person having enlisted in any volunteer com- they cannot pany, shall be permitted to withdraw him- withdraw. self from the same, under the penalty of ten dollars, unless in case of removal from his Penalty. legionary district, to be recovered as other fines imposed by this act, upon the evidence of the commanding officer of the company, from which he shall so withdraw; which commanding officer shall return all such cases to the first battalion court of enquiry, that shall sit thereafter. And the commanders of the respective legions shall direct by order, to the different commanders of battali- ers-their ons, to what battalions the different volunteer duty. companies shall be attached, and shall parade with on battalion duty; and shall direct how they shall be posted on legionary parades, unless differently ordered by the brigadier general.

Sec. 3. And be it further enacted, That

Legionary

command

ses to be

where any battalion or company districts, or Alterations alteration in districts actually laid off, may in what caherafter be found necessary, the command- made. ing officers of legions shall assemble the commanding officers of battalions and companies at some fit and convenient place, and may proceed to lay off or alter any such battalion Militia disor company districts, which districts shall in tricts-how all cases be designated by certain lines and designated. bounds, and recorded by the clerks of the respective courts of enquiry.

Command

shall reg

Sec. 4. And be it further enacted, That ing officers it shall be the duty of the commanding offi- ofcompanies cers of the companies to proceed forthwith late duty, to divide their companies into divisions by and how.

how to be

ballot, from one to ten, for the purpose of a regular rotine of duty when called into actual service, and to return a roster of each division, and its number or rotation, within fifteen days thereafter, to the commanding officer of his battalion, who shall forthwith transmit the same to the commanding officer of the regiment or legion, who shall direct the same to be recorded by the clerk of the court of enquiry. The same regulations shall be observed by every commanding officer 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 before drawn for the above purpose, in which case he shall be enrolled accordingly; and any Removal of militia man removing out of the bounds of militia-men one company into another, shall apply to the commanding officer of the company to which he did belong, who shall give him a disCertificates charge, certifying the class wherein he was arranged, and whether he had performed 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 company 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 specified therein, and every militia man so removing, and failing to produce such certificate, shall be arranged and enrolled in the class destined to perform the next tour of duty; and if any captain or commanding officer of a company shall refuse to grant such certificate upon application to certificate. him made for that purpose, he shall for such refusal, incur a penalty of thirty dollars to

notified.

of service provided.

Penalty on refusal of

be assessed and applied as other fines imposed by this act.

office.

Sec. 5. And be it further enacted, That Officers each and every officer appointed, or who may shall be hereafter be appointed, and commissioned, sworn into in manner aforesaid, shall, previous to entering on the execution of his office, take the following 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

the

in

Oath.

of the militia of the district of Columbia, to the best 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 same certified. to the court of his respective county, there to be entered of record by the clerk.

Oath how

in the mili

tia.

Sec. 6. And be it further enacted, That Who shall the commanding officers of companies shall be enrolled 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 district; and that in all cases of doubt, respecting the age of any person enrolled or intended to be enrolled in any company, the party questioned shall prove his age to the satisfaction 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 aforesaid, and all those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eigh

2 I

Mode ofproceeding a

quents.

martial how

officers.

Field officers and staff.

teen 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-commissioned officer, by whom such notice may be proved.

Sec. 7. And be it further enacted, That the President of the United States, upon complaint for misconduct, lodged with the gainst delin- department of war, in writing, by any one or more commissioned officers, may at his discretion cause to be arrested, any major general or brigadier general, and order a court Genl.courts- martial to be composed of all the other gene-, constituted ral officers, field officers, and captains, or so for superior many of them (having regard to seniority) as shall amount to thirteen, in the militia of the territory; which court martial shall proceed in the same way, and under the same restrictions, as is hereafter provided for the trial of field officers. And any major general or brigadier general, for misconduct within their own knowledge, or upon complaint lodged in writing, by any commissioned officer, shall have power to arrest any lieutenant colonel commandant, aid-de-camp, brigade inspector, and major, or any other inferior officer; and the commanding officer of the division or brigade, shall order a court martial, for the trial of such lieutenant colonel commandant, aid-de-camp, brigade inspector, to be composed of one brigadier general, and as many lieutenant colonel commandants, majors, and captains, as shall make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier such officer; which sentence shall

Their pow

ers.

tial.

be final, when approved by the President of the United States. And any brigadier general, lieutenant colonel commandant, or major, for misconduct in any captain or su- and subal Captains baltern, within his own knowledge, or upon terns. complaint lodged in writing, by any commissioned officer, may arrest such captain or subaltern; and the brigadier or commanding officer of the brigade, shall order a brigade Brigade court martial, for the trial of such captain or court marsubaltern, to be composed of one or more field officers, and a sufficient number of captains and subalterns, to make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so tried; which sentence shall be final, when approved by the President of the United States. And for obtaining the necessary evidences for the trials aforesaid, the President of the United Evidence States, or the presiding officer of the court martial, (as the case may be) shall issue his summonses; and every person so summoned, failing to attend and to give evidence, shall be subject to, and may be tried by a Penalties. court martial; and if an officer, may at the discretion of a court martial, be cashiered, or fined, not exceeding six months pay, as by law allowed; and if a non-commissioned 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 subject to such fines and penalties as they may think proper to inflict, not exceeding forty dollars.

how to be

obtained.