Page:United States Statutes at Large Volume 1.djvu/692
From Wikisource
Exenppgcd sary to prepare them for actual service ; and which rules the President
- "°m ”“h”° d“· of the United States is hereby authorized to make and establish; and
y' ull such companies and volunteers are hereby exempted, until their discharge, or during the time of their engagement, as aforesaid, from all militia duty which is, or shall be required by the laws of the United States, or of any state, and from every finc, penalty or disability, which is or shall be provided to enforce the performance of any duty or service in the militia. _ President may Sm:. 2. And be it further enacted, That the President of the United 29E1Hé ¤¤¤i¤ States shall be, and he is hereby authorized, by and with the consent cf ° ° °°"‘ the Senate, or by himself in the recess of Congress, pursuant to the said act, to appoint and commission, as soon as he shall think it expedient, such and so many field officcrs as shall be necessary for the organizing and embodying in legions, regiments or battalions, any volunteer companies who shall engage, and sh:-111 be accepted, as aforesaid: and such field officers shall have authority, accordingly, to train and discipline such volunteer companies, pursuant to the rules therefor, which shall be established, as aforesaid: Pramhied, that no oHiccr or volunteer, who shall be appointed, engaged or employed in any training or discipline, as aforesaid, shall be considered as in the pay of the United States, until called into actual service. Presitlent may Sec. 3. And be it further enacted, That the President of the United
-
- l*;";;"5mf:°°f States may authorize the sulc, at a reasonable rate, sufficient to indemnify
artillery, mus, the United States, to any company of volunteers who shall be accepted, sw. as aforesaid, of such pieces of artillery, small arms and accoutrcments, to be delivered from the public arsenals, as shall be found necessary for or mayloan the the equipment and training of such volunteers; or may loan the ame '*“"‘°· to them upon the receipts of their respcctive officcrs, to be accounted for, or returned, at the expiration of their engagement, or other discharge: And of such sales or loans, the necessary accounts shall be kept in the War department, and the money accruing, by any sale, shall be paid into the treasury of the United States ; and the same shall bc, and is hereby appropriated for the purchase of other artillery, arms and accoutrements, as the President of the United States shall direct. Presidentmay Sec. 4. And be it further enacted, That the President of the United P‘£:f:Sc}:%f$}\; States may proceed to appoint and commission, in the manner pre- 5mm, f,,, me scribed by tha said act, such and so many of the officcrs authorized army of 10,000 thereby for the raising, organizing and commanding the provisional army
- g:_‘e”im“:gd?° of ten thousand men, as, in his opinion, the public service shall more
my, ,,,q,,i,,i,c: immediately require; any thing which may be supposed in the said act, to the contrary hcrcoi] notwithstanding: Provided, that the officers who shall be so appointed shall not be entitled to any pay, subsistence or other emolument, by reason of such commission, until they shall be respective? employed in the actual service of the United States: And provide , that the further raising of the said army shall not be authorized otherwise than as by the said act is provided. Approved, J unc 22, 1798.
June 25, 1798. [Expired.]- ↑ The act of July 6, 1798, having authorized the President to direct the confinement of alien enemies, necessarily conferred all the means for enforcing such orders us he might give in relation to the execution of those powers. Lockington v. Smith, 1 Peters’s C. C. R. 466.
The marshals of the several districts are the proper officers to execute the orders of the President under the act. Ibid.
After the President had established such regulations as he deemed necessary in relation to alien enemies, it was not necessary to call in the aid of the judicial authority, on all occasions, to enforce them; and the marshal may act without such authority. Ibid.
