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Code · STATUTES-AT-LARGE · Vol. 12 STAT. · July 29, 1861 · Chapter XXV

Chapter XXV. *to provide for the Suppression of Rebellion against and Resistance to the Laws of the United States, and to amend the Act entitled “An Act to provide for calling forth the Militia to execute the Laws of the Union,” &c., passed February twenty-eight, seventeen hundred and ninety-five.* July 29, 1861

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Chap. XXV.— An Act *to provide for the Suppression of Rebellion against and Resistance to the Laws of the United States, and to amend the Act entitled “An Act to provide for calling forth the Militia to execute the Laws of the Union,” &c., passed February twenty-eight, seventeen hundred and ninety-five.* July 29, 1861.1795, ch. 36.Vol. i. p. 424. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellionThe President may call forth the militia and employ them when, &c. against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory of the United States, it shall be lawful for the President of the United States to call forth the militia of any or all the States of the Union, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. 282 THIRTY-SEVENTH CONGRESS.
Sess. I. Ch. 27. 1861. Sec. 2. President to command insurgents to disperse. *And be it further enacted,* That whenever, in the judgment of the President, it may be necessary to use the military force hereby directed to be employed and called forth by him, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes, within a limited time. Sec. 3. Militia to be subject to rules of war, and to continue in service. *And be it further enacted,* That the militia so called into the service of the United States shall be subject to the same rules and articles of war as the troops of the United States, and be continued in the service of the United States until discharged by proclamation of the President:Limit of service. *Provided,* That such continuance in service shall not extend beyond sixty days after the commencement of the next regular session of Congress, unless Congress shall expressly provide by law therefor: *And provided further,* That the militia so called into the service of the United Pay, &c.States shall, during their time of service, be entitled to the same pay, rations, and allowances for clothing as are or may be established by law for the army of the United States.
Sec. 4. Penalty for disobedience of orders of President. *And be it further enacted,* That every officer, non-commissioned officer, or private of the militia, who shall fail to obey the orders of the President of the United States in any of the cases before recited, shall forfeit a sum not exceeding one year’s pay, and not less than one month’s pay, to be determined and adjudged by a court-martial; and such officer shall be liable to be cashiered by a sett fence of court-martial, and be incapacitated from holding a commission in the militia for a term not exceeding twelve months, at the discretion of the court; and such non-commissioned officer and private shall be liable to imprisonment, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every twenty-five dollars of such fine.
Sec. 5. Courts-martial, how composed. *And be it further enacted,* That courts-martial for the trial of militia shall be composed of militia officers only. Sec. 6. Fines, how collected and paid. *And be it further enacted,* That all fines to be assessed as aforesaid shall be certified by the presiding officer of the court-martial, and shall be collected and paid over according to the provisions and in 1795, ch. 36, §§ 7, 8.Vol. i. p 424.the manner prescribed by the seventh and eighth sections of the act of February twenty-eight, seventeen hundred and ninety-five, to which this is an amendment.
Sec. 7. Marshals to have in their districts the authority of sheriffs. *And be it further enacted,* That the marshals of the several districts of the United States, and their deputies, 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 executing the laws of the respective States. Sec. 8. Act 1795. ch. 86, §§ 2, 3, 4, &c. repealed. *And be it further enacted,* That sections two, three, and four of the act entitled “An Act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, Vol. i. p. 424.and to repeal the act now in force for those purposes,” approved February twenty-eight, seventeen hundred and ninety-five, and so much of the residue of said act and of all other acts as conflict with this act are hereby repealed.
Approved, July 29, 1861. Chapter XXVII: authorizing the Appointment of an Assistant Secretary of the Navy, and fixing Salary of the same, and for other Purposes. 11 Stat. 282 1861-07-31 Chapter XXVII Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-23 37 1 public
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Chapter XXV
*to provide for the Suppression of Rebellion against and Resistance to the Laws of the United States, and to amend the Act entitled “An Act to provide for calling forth the Militia to execute the Laws of the Union,” &c., passed February twenty-eight, seventeen hundred and ninety-five.* July 29, 1861
Stat.11 Stat. 282
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