Page:United States Statutes at Large Volume 2.djvu/743

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TWELFTH CONGRESS.⁠Sess. I. Ch. 56.⁠1812.

same pay and rations as is provided by law for the militia of the United States when called into actual service.

President may call out the whole or part of the detachment into actual service.
1795, ch. 36.Sec. 4. And be it further enacted, That the President of the United States be, and he hereby is authorized to call into actual service any part, or the whole of said detachment, in all the exigencies provided by the constitution; and the officers, non-commissioned officers, musicians and privates of the said detachment shall be subject to the penalties of the act, entituled “An act for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions, and to repeal the act now in force for those purposes, passed the twenty-eighth day of February, one thousand seven hundred and ninety-five;” and if a part only of said detachment shall be called into actual service, they shall be taken from such part thereof, as the President of the United States shall deem proper.

No officer or soldier shall be liable to punishment by whipping.Sec. 5. And be it further enacted, That no non-commissioned officer, musician or private belonging to the aforesaid detachment of militia, who shall be ordered into actual service by the President of the United States, shall be subject to corporal punishment by whipping, any thing contained in any act to the contrary notwithstanding.

Whipping abolished, &c. other punishments substituted.Sec. 6. And be it further enacted, That in lieu of whipping, as provided by several of the rules and articles of war, as now used and practised, stoppage of pay, confinement and depriviation of part of the rations shall be substituted in such manner as is herein after provided.

Non-commissioned officers, how punishable.
Stoppage of pay and confined.Sec. 7. And be it further enacted, That any non-commissioned officer or private belonging to the aforesaid detachment of militia, who shall, while in actual service, be convicted before any court martial of any offence, which before the passing of this act might or could have subjected such person to be whipped, shall, for the first offence, be put under such stoppages of pay as such court martial shall adjudge, not exceeding the one half of one month’s pay for any one offence; but such offender may, moreover, at the discretion of such court martial, be confined under guard, on allowance of half rations, any length of time, not exceeding ten days for any one offence, or may, at the discretion of such court martial, be publicly drummed out of the army.

Specific appropriation.Sec. 8. And be it further enacted, That the sum of one million of dollars be, and the same is hereby appropriated, to be paid out of any monies in the treasury not otherwise appropriated, towards defraying any expense incurred by virtue of the provisions of this act.

Commencement and termination of this act..Sec. 9. And be it further enacted, That this act shall continue and be in force for the term of two years from the passing thereof, and no longer.

Approved, April 10, 1812.

Statute Ⅰ.

April 14, 1812.

Chap. LVI.—An Act to prohibit the exportation of specie, goods, wares and merchandise, for a limited time.^[1]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall not be lawful,

↑ Upon an indictment under the non-intercourse laws for putting goods on board a carriage, with intent to transport them out of the United States, contrary to the act of January 9th, 1809, the punishment of which offence is a fine of four times the value of the goods; it is not necessary that the jury should find the value of the goods. United States v. John Tyler, 7 Cranch, 285; 2 Cond. Rep. 492.
Under the non-intercourse law, a vessel, in March, 1811, had no right to come into the waters of the United States, to inquire whether she might land her cargo. The Brig Penobscot v. The United States, 7 Cranch, 356; 2 Cond. Rep. 528.
Wines, the produce of France, imported into the United States before the non-intercourse act, re-exported to a Danish island, there sold to a merchant of that place, and thence exported to New Orleans during the operation of that act of Congress, were liable to forfeiture under that law. The Schooner Hoppet v. The United States, 7 Cranch, 389; 2 Cond. Rep. 542.
The non-intercourse act of March 1st, 1809, was in force between the 2d of February, and 2d of March, 1811, by virtue of the President’s proclamation of November 2d, 1810. Schooner Anne v. The United States, 7 Cranch, 570; 2 Cond. Rep. 611.

[p707-1] Upon an indictment under the non-intercourse laws for putting goods on board a carriage, with intent to transport them out of the United States, contrary to the act of January 9th, 1809, the punishment of which offence is a fine of four times the value of the goods; it is not necessary that the jury should find the value of the goods. United States v. John Tyler, 7 Cranch, 285; 2 Cond. Rep. 492.
Under the non-intercourse law, a vessel, in March, 1811, had no right to come into the waters of the United States, to inquire whether she might land her cargo. The Brig Penobscot v. The United States, 7 Cranch, 356; 2 Cond. Rep. 528.
Wines, the produce of France, imported into the United States before the non-intercourse act, re-exported to a Danish island, there sold to a merchant of that place, and thence exported to New Orleans during the operation of that act of Congress, were liable to forfeiture under that law. The Schooner Hoppet v. The United States, 7 Cranch, 389; 2 Cond. Rep. 542.
The non-intercourse act of March 1st, 1809, was in force between the 2d of February, and 2d of March, 1811, by virtue of the President’s proclamation of November 2d, 1810. Schooner Anne v. The United States, 7 Cranch, 570; 2 Cond. Rep. 611.

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