House Bill Ho. 5.] Reported by the Committee on Military Affairs. John Spelman, Printer to the State. MILITIA BILL. Sec. 1. Beit enacted by the General Assembly of the State 2 of North-Carolina, and it is hereby enacted by the authority 3 of the same, That all free white men and white appren- 4 tices, residents of this State, who are or shall be of the 5 age of eighteen and under the age of forty-five years, f> shall, as soon as is practicable, he severally and respect- 7 ively enrolled in the militia of this State by the captain 8 or commanding officer of the infantry company, within 9 the hounds of whose district, (to be alloted him as here- 10 inafter directed,) such person shall reside'; and it shall 11 at all times he the duty of every captain, or commanding 12 officer of any company, to enrol every such person except, 13 as hereinafter excepted, and also those between the ages' 14 aforesaid and not exempt by-law, who may from time'to 15 time come to reside within the hounds of his district and 16 remain therein thirty days, and he shall without delay 17 notify such person of the ^arolment, by a proper non- 18 commissioned officer of the company, by whom the notice 19 may be proved. And in case there shall he no captain 20 or commanding officer in any district, the adjutant- 21 general shall appoint an enrolling officer for such dis- 22 trict whose duty it shall be to mike a note of the free 23 white persons and wly&e apprentices in said district 24 between the ages of eighteen and forty-five, and he shall 25 within ten days after,said enrolment order an election^. 26 and notify all persons by this bill required to muster to 27 attend, the said enrolling officer is furtliur required to> 28 open the polls and superintend the election for company 29 officers, and transmit to the adjutant-general a fair 30 statement, thereof with a co'py of the vote ; and it shall 3 House Bill No. 5. [Special Sep. 31 be the duty of the adjutant-general to compare the 32 statements made toJiim,by the enr\Ming officer aforesaid, 33 aiffimake* known to^heSdlovCTmor\he .persons elected ; saJkl^oSsohs VAnd any enrolling $5 officers^ppoinfed as afofesaidyMio shall refuse to act, or 36 undertaking to act, shall fail to make his returns to the 37 Adjutant-General within thirty days from his appoint- 38 ment, shall forfeit and pay to the State of North-Carolina 39 one hundred dollars, to be recovered upon summary 40 motion in the Superior Court of Law for Wake county. Sec. 2. The Vice-President of the Confederate States, 2 the officers, judicial and executive, of the Confederate 3 States, the members of both Houses of Congress and 4 their respective officers ; the judges of the supreme and 5 superior courts of law, the secretary, comptroller, treas- 6 surer, the Governor's private secretary, attorney-general, 7 solicitors, the clerks of the several courts of record, high 8 sheriffs of the several counties, physicians and surgeons, 9 ministers of the Gospel of every denomination, that are 10 properly and regularly ordained and have the cure of 11 souls, all custom house officers, postmasters, and stage 12 drivers or mail carriers, employed in the care and con- 13 veyance of the mail to the post offices of the Confederate 14 States, all ferrymen, employed on any ferry of a public 15 road, provided the same shall not exceed one superin- 16 tendent to each ferry, all millers of public mills, pro- 17 vided that this exemption shall only extend as to each 18 mill to one person subject to do military duty, whose 19 occupation and daily employment it is to attend and per- 20 form the duty of a public miller, all branch and licensed 21 pilots, all mariners actually employed in the sea service 22 of the Confederate States, or of any merchant, all officers 23 and students of the university and all other seminaries of 24 learning within this State, shall be and they are hereby 25 exempted from military duty : Provided, always, that 26 nothing herein contained shall be so construed as to 27 exempt any person from performing duty in invasion or 28 insurrection in this State. Sec. 3. The members of the several fire companies, so 2 long as they shall continue members of said companies, 3 that now are or hereafter may be established in this 4 State, shall be and they are hereby declared exempted 5 from all militia duty, except in time of war, invasion or 6 insurrection. It shall be the duty of the captains of all .7 fire companies, once a year, to make a regular return to 1861.] House Bill No. 5. 3 8 the colonel commandant of the regiment, by the fifteenth 9 day of October, under the penalties now imposed on cap* 10 tains of miltia companies on failure of making return, 11 in the limits of which the company exists, of all persons 12 belonging to said company liable to muster, and the 13 colonel of the regiment shall include them in his regular 14 annual returns to the general of the brigade and adjutant- 15 general. Persons having scruples of conscience against 16 bearing arms, who shall produce, to the captains of their 17 respective districts, certificates, signed by the clerks of 18 their respective churches, that they are regular members 19 thereof, and shall make oath or affirmation before a jus- 20 tice of the peace that they are, from religious scruples, 21 averse to bearing arms, and shall also produce a certifi- 22 cate from such justice that such oath or affirmation has 23 been duly made, shall not be compelled to muster or 24 perform military duty, except in cases of insurrection or 25 invasion, or pay any tax for said exemption ; but they 26 shall be subject to taxation in time of insurrection, inva- 27 sion or war, and also to furnish their quota of men or 28 pay an equivalent. Sec. 4. The captains or commandants of companies 2 shall enrol, and keep enrolled on their muster rolls, all 3 within the limits of their respective districts, who are 4 exempt from performing militia duty by law except in 5 time of invasion or insurrection, and shall return the 6 number of exempts in their annual returns to the com- 7 mandants of regiments, who shall make a like return of 8 all exempts in their respective regiments in their annual 9 returns to the brigadier and adjutant-generals, regula- 10 tions for which annual reports are hereinafter prescribed. Sec. 5. It shall not be lawful for any captain or other 2 militia officer in this State to enrol any free persons of 3 color, except for musicians. Sec. 6. Every citizen enrolled and notified, as is 2 directed in the first section of this act, shall, within one 3 month thereafter, provide himself with a good musket, 4 smooth bored gun or good rifle, shot pouch, and powder 5 horn, and shall appear so armed and accoutred, when 6 called out to exercise or in actual service ; the commis- 7 sioned officers shall severally be armed with a sword or 8 hanger or an espontoon ; and every citizen, so enrolled 9 and providing himself with arms and accoutrements as 10 herein directed, shall hold the same exempt from all 11 suits, executions, or sales for debts or for the payment of 4 House Bill No. 5. [Special Ses., 12 taxes ; and if he shall fail to provide himself with arms 13 and accoutrements, as herein directed, and if the com- 14 missioned officers of his company shall cleem him in suffi- 15 cient circumstances to equip himself, he shall forfeit and 16 pay, as follows ; for the want of a good, serviceable 17 musket or rifle, the sum of fifty cents. And all parents, 18 guardians and masters shall furnish those of the militia, 19 who shall he under their care or command, with the arms 20 and equipments above mentioned, under the like penalty 21 for each neglect: Provided such guardian shall have suf- 22 ficient in his hands belonging to his ward to purchase 23 said arms. If the company court martial, after exami- 24 nation on oath, shall adjudge any person enrolled to be 25 incapable of providing himself with arms and accoutre- 26 ments, as here required, they shall make report thereof 27 to the next regimental or battalion court martial, as the 28 case may be, who may, if it shall appear necessary, 29 exempt such person from the fines here imposed, until 30 such arms and accoutrements shall be provided and 31 delivered to him by the court martial, who shall take 32 security for the safe keeping of such arms and accoutre- 33 ments to be returned when required. Sec. 7. The infantry shall be divided into divisions, 2 brigades,, regiments, battalions and companies ; each 3 division shall consist of at least two brigades ; each bri- 4 gade of at least four regiments, each county forming at 5 least one regiment; each regiment, Avhen convenient, 6 shall consist of at least two battalions ; each battalion 7 of five companies ; and each company of sixty-four 8 privates. Sec. 8. The following are hereby declared to be the 2 regiments, brigades and divisions of the infantry, to be 3 known and distinguished as here designated, viz : 1861.] House Bill No. 5. 5 ro. divi-lOf what brigades. No. of sions. composed. brigades. 1 1st and 2nd 1 2 2 3d and 4th 3 4 3 5th and 6th 5 6 4 7th and 8th 7 Q 5 9th and 10th O 9 10 6 11th and 12th 11 12 7 13th and 14th 13 14 8 15th and 16th 15 16 9 17th and 18th 17 18 Of what regiments composed. I, 2, 3, 4, 5. 6, 7, 8, 9, 10. II, 12, 13, 14, 15, 16. 17, 18, 19, 20, 21, 22. 23, 24, 25, 26,27, 28, 29. 30, 31, 32, 33, 34, 35. 36, 37, 38,39,40, 41,42. 43, 44, 45, 46, 47, 48. 49, 50, 51, 52, 53, 54. 55, 56, 57, 58,59, 60,61. 62, 63, 64, 65, 66, 67. 68, 69, 70, 71, 72, 73. 74, 75, 76, 77, 78, 79. 80, 81, 82, 83, 84, 85. 86, 87, 88, 89, 90, 91, 92. 93, 94, 95,96,97,98, 99. 100, 101, 102, 103, 104, 105. 106, 107, 108, 109, 110, 111. Counties © 0> Currituck, Camden, Pasquotank, Perquimons, Chowan, Gates, Hertford, Bertie, a Martin, Tyrrell, Hyde, W ashington, Beaufort, Pitt, Greene, Craven, a Carteret, Jones, Lenoir, Onslow, New Hanover, Duplin, W ayne, "ii Sampson, a Harnett, Cumberland, o How distinguished in if Counties where more than one Regiment. East. West. North. South. East of N. East River. West of " " Upper. Lower. East of Big Coharie. West of " " Counties. Robeson, Bladen, Brunswick, Columbus, Northampton, Halifax, Warren, Wilson, Nash, Edgecombe, Franklin, Johnston, Wake, ii Granville, Person, Orange, Chatham, a Alamance, Caswell, Rockingham, Rockingham, Guilford, Randolph, Moore, © <£> How distinguished in Counties where more than one Regiment. East. West. North. South. Hillsboro'. Hawfields. Lower. Upper. Lower. Upper. West. East. West. East. 6 House Bill No. 5. [Special Ses. Montgomery, 1 63 f Iredell, 88 South. Richmond, * 64 1st. (( 89 North of S. Yadkin. 65 2nd. Catawba, 90 Anson, 66 Lower. Lincoln, 91 a 67 Upper. Gaston, 92 Stanly, 68 Cleaveland, 93 North of Catawba. Cabarrus, 69 Burke, 94 Union, 70 6t 95 South of Catawba. Rowan, 71 McDowell, 96 Davidson, 72 Lower. Rutherford, 97 East. ii. 73 Upper. (( 98 West. Stokes, 74 Polk, 99 Surry, 75 North. Mitchell, 100 76 South. Y ancey, 101 Y adkin, 77 Madison, 102 Forsyth, 78 Buncombe, 103 North. Davie, Alleghany, 79 a 104 South. 80 Henderson, Transylvania, 105 Ashe, Watauga, 81 106 82 Haywood, 107 Wilkes, 83 Lower. Jackson, 108 a 84 Upper. Macon, 109 Alexander, 85 Cherokee, 110 Mecklenburg, 86 North. Clay, 111 (( 87 South. Sec. 9. The officers of the infantry shall be as follows : 2 to each division there shall be one major-general, and 3 two aids-de-camp with the rank and pay of major, one 5 division inspector, and one division quartermaster, with 6 the rank and pay of lieutenant-colonel, to be appointed 7 by the major-general and commissioned by the governor ; 8 to each brigade one brigadier-general, and one aid-de- 9 camp with the rank and pay of major, one brigade in- 10 spector with the rank and pay of major, one hospital sur- 11 geon and two mates, and one assistant deputy quarter- 12 master general with the rank and pay of a captain, to be 13 appointed by the brigadier general and commissioned by 14 the governor ; to each regiment one colonel and lieuten- 15 ant colonel and one major ; there shall also be to each re- 16 giment one adjutant and one quarter master, who shall 17 be commissioned officers with the rank of lieutenant, one 18 pay master, one surgeon and one surgeon's mate, one ser- 19 geant major, one drum major, and one fife major, all to 20 be appointed by the commanding officer of the regiment, 21 and the adjutant shall, when necessary, discharge the 22 duties heretofore assigned to the brigade inspectors with- 23 in his regiment, for which services he shall be allowed by 24 the court martial a reasonable compensation, if they think 25 proper, to be paid out of the fines collected ; to each com- 26 pany there shall be one captain, three lieutenants, one 27 ensign, four sergeants, four corporals, one drummer, and 1861.] House Bill No. 5. 7 28 onefifer, the commissioned officers to be elected by the com- 29 pany; the non-commissioned officers, to wit, sergeants, 30 corporals, drummers and fifers, shall he appointed by the 31 captain of each company ; all commissioned officers of the 32 same rank shall take precedency on command according 33 to the date of their commissions, and when two or more 34 of the same grade hear an equal date, then their rank 35 shall he determined by lot, to he drawn hy them before 36 the commanding officers of the division, brigade, regi- 37 ment, battalion, company or detachment. The gen- 38 eral and field officers, and all other commissioned officers, 39 shall reside within the division, brigade, regiment, 40 battallion or company district, which they respective- 41 ly command. The governor for the time being shall 42 be entitled to four aids-de-camp, whom he may appoint 43 and commission with the rank of colonel. The commis- 44 sions hereby authorized and directed to be granted to the 45 several aids-de-camp of the governor, major generals and 46 brigadier generals, shall be held during the pleasure of 47 the officers to whom such aids-de-camp may be attached. 10. The uniform prescribed for the officers shall be the 2 uniform to he worn in future by the commissioned officers 3 of the State troops. 11. If any officer below the rank of general, shall re- 2 sign, or fail to equip himself according to law within 3 three months from the date of his commission ; if a colo- 4 nel, he shall forfeit and pay the sum of fifty dollars ; if a 5 lieutenant colonel, he shall forfeit and pay the sum of 6 forty dallars ; if a major, the sum of thirty dollars ; if a 7 captain, the sum of twenty dollars ; if a first lieutenant, 8 the sum of fifteen ; if a second or third lieutenant or en- 9 sign, the sum of ten dollars ; to be sued for and recover- "10 ed by the adjutant, in the name of the governor, and to 11 be accounted for to the pay master. When there shall 12 occur a vacancy in the office of major general, the adju- 13 tant general shall issue orders to the brigadier generals 14 in that division, who shall forthwith issue orders to the 15 colonels of their respective regiments to call together the 16 commissioned officers of their regiments, at the usual 17 place of regimental musters, and at such time as the brig- 18 adier general shall direct, and thejr shall proceed by bal- 19 lot to elect a major general of that division, and it shall 20 be the duty of each colonel to transmit to the brigadier 21 general of his brigade a fair statement of the votes so pol- 22 led, within ten days after said election, and the brigadier 23 general shall compare the votes transmitted to him by the 8 House Bill No. 5. [Special Ses., 24 colonels in his brigade, and shall transmit to the adjutant 25 general a fair statement thereof, and it shall be the duty 26 of the adjutant general to compare the statements made 27 to him by the brigadier generals, and make known to the 28 governor the person for whom the highest number of 29 votes may have been given, and a commission shall be is- 30 sued by the governor ; and if the office of major general 31 shall be vacated by death or removal, it shall be the duty 32 of the brigadier-general, in whose brigade the major- 33 general lived, to inform the adjutant-general thereof, and 34 all resignations of major-generals shall be made to the adju- 35 tant-general, and by him made known to the governor. 36 When a vacancy shall occur in the office of brigadier- 37 general, it shall be the duty of the major-general of that 38 division to issue orders to the several colonels in that 39 brigade, to call together the commissioned officers of their 40 respective regiments at the usual places of review and at '41 such time as the major-general shall direct, who shall pro- 42 ceed by ballot to elect a brigadier-general of that brigade, 43 and the several colonels shall transmit, within ten days, 44 a fair statement of the votes given, to the major-general, 45 whose duty it shall be to compare the several returns so 46 made to him and inform the governor who shall have 47 received the highest number of votes, and the governor 48 shall issue a commission ; and if the office of brigadier- 49 general shall become vacant by death or removal, it shall 50 be the duty of the colonel, senior in commission, of the 51 county wherein said brigadier-general lived, to inform the 52 major-general thereof, by mail or otherwise forthwith, 53 and all resignations of brigadier-generals shall be made 54 to the major-general, and by him made known to the gov- 55 ernor. If on comparing the votes given in for a major- 56 general there be a tie, the governor shall make the ap- 57 pointment from the two highest candidates ; and if 58 there be a tie in the votes given in for brigadier gen- 59 eral, the major general shall make the appointment 60 from the two highest candidates. When a vacancy 61 shall occur in the office of colonel, lieutenant-colo- 62 nel or major, the senior officer in command attached 63 to that regiment shall call together the commissioned 64 officers, at the usual place of regimental review, and at 65 such time as he may think proper, and they shall proceed 66 to elect by ballot officers to supply said vacancies, and a 67 fair statement shall be transmitted by the officer highest 68 in command, to the brigadier-general of his brigade, of 69 the officers that have been elected, and it shall be the 1861.] House Bill No. 5. 9 70 duty of tile brigadier-general to inform the governor, 71 thereof, from whom a commission or commissions shall 72 issue ; all resignations of colonels, lieutenant-colonels or 73 majors shall he made to the brigadier-general of that 74 brigade ; and in case of vacancy in any of those offices by 75 resignation, the brigadier-general shall order an election 76 as before directed, and shall inform the governor of such 77 resignation ; when any commission for a major-general 78 or brigadier-general is issued by the governor, under the 79 provisions of this section, it shall be the duty of the 80 adjutant-general to have the same published in one of the 81 papers in the city of Baleigh. Sec. 12. When any officer, commanding a division, 2 brigade or regiment, shall have occasion to be absent from 3 his usual residence two months or more, it shall be his 4 duty to notify the officer, next entitled to the command, 5 of such his intended absence, and also his next superior 6 officer in command. Sec. 13. All officers, who shall have in their hands 2 either money or papers received by virtue of their appoint- 3 ments, shall, when they leave their office, pay and deliver 4 the same to their successors in office, under the penalty of 5 one hundred dollars, to be recovered in the name of the 6 governor, and applied as hereinafter directed. Sec. 14. The rules of discipline and system of tactics, 2 which are now or . hereafter may be approved and pre- 3 scribed by the General Assembly, shall be and the same 4 are hereby established, as the rules for the discipline of 5 the militia of this State, except such alterations as shall 6 be rendered necessary by unavoidable circumstances. Sec. 15. The regimental or battalion courts martial, of 2 the several regiments or battalions in this State, shall 3 have power so to lay off the several captains' districts, as 4 to render them as convenient to the inhabitants as a due 5 regard to the requisite number of persons liable to per- 6 form military duty will permit; and they may at any 7 subsequent court martial so alter or consolidate their re- 8 spective districts, as to create new ones-, or unite portions 9 of districts together, so as to form other and separate dis- 10 tricts, as a majority of the court martial may think 11 proper; and all allotmefats or alterations shall be duly 12 recorded bj^ the judge advocate in the books of the regi- 13 ment or battalion : where a small number of inhabitants 14 are so detached, by water courses or mountains, as to ren- 15 der their attendance inconvenient at any place where they 16 have been accustomed to muster, and where such detached 10 House Bill No. 5. [Special Ses. IT sections contain a population of thirty-six men, liable to 18 perform military duty, it shall he the duty of the regi- 19 mental or battalion court martial to lay that section off 20 into a separate captain's district, and to appoint officers 21 in the same manner as in other districts ; and where there 22 shall be two or more regiments in any county within this 23 State, a majority of the officers, composing such regi- 24 ments, shall have full power to alter and regulate the 25 boundary lines of their regiments, and in the event'the 26 officers should not agree with respect to said lines, it shall 27 he the duty of the county court, a majority of the justices 28 being present, to establish the said lines ; and when so 29 fixed, the judge advocate of each regiment shall spread 80 the same on their journals. Sec. 16. Every captain or commanding officer of a com- 2 pany shall, at least once in two months, at such place as 3 may he designated by a majority of his company, and 4 agreeably to the order of the commanding officer, muster, 5 train, and exercise such company, and shall cause them 6 to remain under arms at least two hours on every day, by 7 himself, or one of his lieutenants, or his ensign, and then 8 and there teach them the manual exercise, and the proper 9 company manoeuvres, at which muster the officers and 10 privates shall appear armed and equipped as herein be- 11 fore required. It shall not be lawful for the captains to 12 call their men together, without their consent, for the 13 purpose of company musters, more than twelve times in 14 each year, except in cases of insurrection or invasion : 15 Provided, that this enactment shall not apply to volun- 16 teer companies: And provided further, that when any 17 person enters into the rank in the extra musters, he shall 18 be subject to the same discipline, and governed by the 19 same rules and penalties, as govern them in their regular 20 musters. If any captain or commanding officer of a com- 21 pany shall fail or neglect to muster his company, as 22 herein directed, he shall forfeit and pay the sum of six 23 dollars for each failure, to be adjudged by the next regi- 24 mental court martial; and if he, or any commissioned 25 officer of the company, shall fail to appear equipped, as 26 directed, at the said muster, the officer so failing shall pay 27 the sum of four dollars ; and if a non-commissioned officer 28 or private shall fail to attend at a company muster, he 29 shall forfeit and pay a sum not exceeding two dollars nor 30 less than one dollar, and if he attend without being armed 31 and accoutred, he shall pay a sum not exceeding one dol- 82 lar nor less than fifty cents, which sum shall be adjudged 1861.] House Bill No. 5. 11 33 by the company court martial, according to the circum- 34 stances of the delinquent: Provided, that every absentee 35 shall be allowed until the next succeeding company mus- 36 ter to make his excuse, which shall always be on oath, the 37 officer highest in rank present being hereby authorized to 38 administer the same. When companies consist princi- 39 pally of persons residing within any town, and the muster 40 ground is at, or within one mile of, said town, all fines 41 imposed by this act for not appearing at reviews and 42 musters, or, if appearing, not being properly armed and 43 accoutred, shall be doubled. Sec. 17. The commissioned officers of the company, or 2 any two of them, after each and every muster of the com- 3 pany, shall, on the same day, meet in court martial, and 4 proceed to try and determine on all cases which may come 5 before them, and on conviction of any delinquent, the of- 6 ficer highest in rank present shall enter up judgment, and 7 issue writs of execution against the goods and chattels and 8 body of the delinquent, as in judgments in civil cases, di- 9 rected to the constable of that district, which constable 10 shall proceed to execute the same in the same manner and 11 under the same rules, as are established by law for the 12 government of constables in their duty in civil cases, and 13 shall be allowed the same fees for his services, and shall 14 make his return to the next company court martial. The 15 right of appeal shall be allowed from a company to a bat- 16 talion or regiment court martial, but no appeal shall be 17 granted, unless the person, praying the same, shall give 18 security, to be approved by the captain or presiding officer 19 of the company court martial, to abide by the decision of 20 the battalion or regimental court martial, which appeal 21 shall be taken in like manner as appeals from the justices of 22 the peace to the county courts, and shall be proceeded on in 23 like manner by the battalion or regimental courts martial. Sec. 18. For the encouragement of military music, it 2 shall and may be lawful for the captain of each and every 3 military company of infantry in this State, to select from 4 among the persons enrolled in their respective companies, 5 one fifer and one drummer, each being properly qualified 6 for their appointment, which selection shall be made un- 7 der the direction and with the approbation of the field 8 officers belonging to the regiment, to which such company 9 is attached ; and when such selection of musicians is made, 10 it shall be the duty of the field officers to grant a certifi- 11 cate to such musicians of their appointment, and the 12 county court of the county, in which such companies re- 12 House Bill No. 5. [Special Ses. 13 spectively are, shall exempt and discharge such musicians, 14 so selected, during their continuance in appointment, from 15 serving on all juries, from working on the public roids, 16 and from the payment of poll taxes ; such musicians shall 17 be removable at the pleasure of the field officers of the 18 regiment, to which they severally belong, and shall at- 19 tend each and every muster of their respective companies, 20 and also the muster of the officers, and perform the duties 21 of their appointment, under the penalty of four dollars 22 for each and every neglect, to be collected and applied in 23 the same manner that other fines are. Sec 19. No overseer of any road in this State shall or- 2 der the hands under him to work, on the days previously 3 appointed for musters by the captain of the company, to 4 which such hands belong. 2 within thirty days after being required so to do, or imme- Sec. 20. The captains shall, at the several musters or 3 ly if required at a regimental or battalion muster, make a 4 return of their respective companies to the commanding 5 officer of the regiment or battalion, under penalty of ten 6 dollars in the first case, or disobedience of orders in the 7 second case. Sec. 21. There shall be in every year atleast oneregimen- 2 tal or battalion muster, to be ordered by the commandant 3 of such regiment or battalion, at such place as may have 4 been designated, or may hereafter bedesignated by a ma- 5 of the commissioned officers of such regiment or battalion, 6 at which, such commanding officer shall cause the mili- 7 tia to be exercised at least two hours on each day. Sec. 22. If any officer shall fail to attend at any review, 2 regimental or battallion muster, or, attending, be not 3 armed as required by this act, he shall, on conviction be- 4 fore a court martial, forfeit and pay, if a field officer, the 5 sum of twenty ; if a commissioned officer, under that 6 grade, the sum of ten dollars ; and every non-commis- 7 sioned officer or private, who shall fail to attend such 8 review or muster, shall, on conviction, pay such sum as 9 shall be adjudged against him by the commissioned offi- 10 cers of the company, to which he belongs, not exceeding 11 four dollars nor less than one dollar, to be ascertained at 12 the next company muster, and, when collected, to be ac- 13 counted for with the court martial, or, if appearing, be 14 not armed as by law directed, shall for such default forfeit 15 and pay a sum not exceeding one dollar and fifty cents 16 nor less than fifty cents, to be adjudged and accounted for 17 as aforesaid. 1861.] House Bill No. 5. 13 Sec. 23. The commanding officer of each regiment or 2 battalion shall give to the commanding officers of the 3 companies, under his command, not less than ten days 4 notice of the battalion or regimental musters or reviews, 5 which may at any time be ordered. Sec. 24. Every commissioned officer of the infantry, by 2 appointment of the commanding officer of each regiment, 3 shall meet the day before that on which the commanding 4 officer of such regiment or battalion has appointed for 5 holding of reviews or regiment musters, in their respec- 6 tive counties, where the said commissioned officers of in- 7 fantry shall be exercised by the adjutant, or by the 8 commanding officer of such regiment or battalion, at least 9 three hours, when and where they shall be instructed in 10 all matters of field exercise and discipline, according to 11 the system which now is or may hereafter be established 12 by law. And any commissioned officer, who shall fail or 13 neglect to appear at the time and place, so appointed by 14 the commandant of his regiment or battalion, as required 15 by this section, or, if appearing, be not armed and equip- 16 ped as by this act directed, when at any review or parade, 17 such commissioned officer, so failing and neglecting, shall 18 forfeit and pay the same sum, which such commissioned 19 officer would be compelled to pay, in cases of failure and 20 neglect at any regimental or battalion reviews or parades, 21 and the same shall be recovered in the same manner and 22 the money applied, as in other like cases directed by this 23 act, and such commissioned officer shall in every instance 24 whatever be subject to the same punishment for neglect 25 of duty or disobedience of his superior officers, as such com- 26 commissioned officer would be subject to when in actual 27 military service. Sec. 25. If any officer shall sutler himself to be intoxi- 2 cated, or behave in a riotous or disorderly manner, when 3 required to be on duty, or disobey the orders of his com- 4 manding officer, he shall either be fined and reprimand- 5 ed by the court martial, or, at their discretion, shall be 6 cashired ; Provided, he shall not be cashired but by a 7 court martial regularly detailed for his trial as hereinafter 8 directed. If any non-commissioned officer or private 9 shall, during time of muster, resist his commanding offi- 11 missioned officer, he hall be kept under guard during such 10 ces or refuse to obey his lawful commands, if a non-com- 12 muster, and fined at the discretion of the court martial 13 not exceeding five dollars. 14 House Bill No. 5. [Special Ses, Sec. 26. If any person, liable to perform duty, shall 2 appear at or near the ground, during the term of any re- 3 view or muster, and shall not take his proper station and 4 perform the duties required of him by law, or behave 5 himself in a disorderly manner, while on parade, it shall 6 be the duty of the commanding officer of the regiment or 7 corps to. order the said person under guard,there to be de- 8 tained during the time of exercise or the person then per- 9 forming, the militia are discharged, and such person shall 10 further be fined at the discretion of the court martial. Sec. 27. No officer or soldier, directed by this act to 2 appear and muster as aforesaid, shall be liable to be taken 3 or arrested, in any civil action or process whatever, on 4 the day such person is directed to appear, or in a reason- 5 able time either in going coDtinuing at, or returning 6 from the place appointed to muster or appear, but every 7 such arrest is hereby declared to be void. Every person 8 required by this act to attend musters and reviews, going 9 to or returning from the same, shall be suffered to pass 10 over any toll bridge or toll causeway, and shall be put 11 over any ferry without delay, free from any charge what- 12 ever. If any ferryman or proprietor of any toll bridge 13 shall demand pay or refuse to put over such person he 14 shall forfeit and pay for every such offence four dollars to 15 be recovered by warrant before any justice of the peace 16 to the sole use of the informer. Sec. 28. All parents, masters and euardians within 2 this State shall, and they are hereby declared to be liable 3 for the payment of an fines, incurred by those under 4 their care, as well for non-at endance at company, battal- 5 ion or regimental musters and general reviews, as not 6 being armed and equipped as herein before provided. Sec. 29. The commanding officer of each regiment or 2 battalion shall order a court martial to be held, at the 3 place appointed for the muster of the same, on the day 4 after the regimental or battalion muster, or on the same 5 day if convenient, which court shall consist of a majority 6 of the officers of the regiment or battalion, one of whom 7 shall be a field officer, and two of the grade of captain, 8 and the highest officer in rank present shall be president. 9 The court shall be notified to their duty by the adjutant 10 of the regiment or battalion, by a roster to be kept by 11 him, and the said court, when convened, shall appoint 12 a judge advocate, who shall himself in the presence of the 13 court take the following oath ; " I, A. B. do swear, that 1861.] House Bill No. 5. 15 14 I will well and truly perform the duties of judge advo- 15 cate of this court, according to the best of my skill and 16 ability: so help me God/' And the judge advocate shall 17 administer the following oath to the members of the court 18 martial: " I, A. B. do swear, that I will hear and deter- 19 mine all the causes which may come before this court, 20 and that I will faithfully report all delinquents that come 21 within my knowledge; that I will account for all fines and 22 forfeitures by me collected or received, and in all cases 23 enforce a due execution of the militia laws of this State, 24 to the best of my knowledge and ability : so help me 25 God." They shall inquire into the age andability of all 26 persons,that come before them by appeal, and exempt 27 such as may be judged incapable of service, also try and 28 decide on all persons charged with omission or commis- 29 sion, as well by officers as privates. The said regimental 30 or battallion court martial shall hear and determine all 31 appeals from the company court martial, and order and 32 dispose of all fines for buying drums, fifes and other imple- 33 ments of war, for the use of the company, where the same 34 shall arise, and for supplying the militia with arms and 35 accoutrements, and for other purposes, that will promote 36 the good thereof. The judge advocate shall be allowed a 37 reasonable salary, to be paid out of the fines, for his 38 services. His duty shall be to write at length the pro- 39 ceedings of the said court. For all fines, which maybe 40 imposed by the court martial, he is hereby authorized and ' 41 required to enter up judgment and issue executions, which 42 if against commissioned officers shall be directed to the 43 adjutant or constable ; if against non-commissioned offi- 44 cers, or privates, shall be directed to a constable of the 45 (ounty, to which the delinquent belongs; the constable 46 or adjutant shall proceed to distrain and sell, in the same 47 manner, and under the same rules as are established by 48 law for the government of constables in their duty in 49 civil cases, and shall be allowed the same fees for their 50 services. The adjutant or constable shall in all cases 51 make due returns to the next succeeding court martial, 52 and in case of failure of such adjutant, sergeant or con- 53 stable to do the several duties, as required of them by 54 this act, in collecting and accounting for all fines, such 55 adjutant, sergeant or constable, as the case may be, shall 56 incur a penalty or fine of double the amount that such 57 adjutant or constable was bound to collect and account for. Sec. 30, It shall be the duty of the paymaster to de- 16 House Bill No. 5. [Special Ses. 2 mand and receive of the adjutants, sergeants, constables 3 and others, who may have collected fines and forfeitures, 4 and distribute the same agreeably to the directions of the 5 court martial, and settle his accounts annually with the 6 judge advocate ; and the pay masters respectively shall, 7 before they enter on the duties of their office, give bond 8 and sufficient security, in the sum of two hundred dollars, 9 payable to the commanding officer of the regiment and JO his 'successors in office, for the faithful accounting for, 11 agreeably to law, of all sums of money which may come 12 into his hands by virtue of his appointment; and it shall 13 be the duty of the commanding officer aforesaid, under 14 the penalty of two hundred dollars, to sue for and recover 15 the same, and when the same is so received by him, apply 16 it as is already by law directed, and the several pay 17 masters shall be allowed a reasonable compensation for 18 their services by the court martial. In case there shall be 19 no pay master appointed by the commandant of any regi- 20 ment, then and in that case each commandant shall 21 perform and execute the duties of pay master as above 22 required. Sec. 31. Every officer, at the first meeting of the court 2 martial after being commissioned, shall take and subscribe 3 the following oath, to be administered in open court 4 martial by the judge advocate, or if a company officer, it 5 may be taken before the commanding officer of the regi.- 6 ment. "I, A. B. do solemnly swear that I will execute 7 the office of according the rules of military discip- 8 line and the laws of this State, to the best of my knowledge 9 and ability, and that I will support the constitution of 10 this State. : so help me God." And also the following 11 oath : " I, A. B. do swear that I will, at the court martial 12 of the company to which I belong, duly administer justice, 13 "and apply fines and penalties according to law and to the 14 best of my ability without favor, affection or partiality : 15 so help me God." No officer shall be allowed to sit in a 16 regimental, battallion or company company court martial, 3 7 unless he shall have taken and subscribed the oaths afore- 18 said. Sec. 32. If at any regimental, battalion or company 2 court martial, or company of the officers, there shall be 3 any delinquents, either for non-attendance or not being 4 properly armed and accoutred, or for disorderly conduct, 5 proclamation shall be made by the captain or commanding 6 officer, calling the names of all delinquents enrolled, that 1861.] House Bill No. 5. IT 7 they attend the trial at the following company court mar- 8 tial, which shall be deemed a legal notice ; if field officers, 9 or officers of the regimental staff, such notice shall he 10 given by the commanding officer or adjutant of the regi- 11 ment or battalion, or to the officers assembled, and if any *12 officer or private has an excuse to offer to the court martial, 13 he may send his affidavit taken before a civil magistrate, 14 or produce a witness, or he may personally appear and 15 make oath to the cause of his delinquency, and in all cases, 16 whether from neglect or failure of the officers and privates IT at regimental or battalion musters, or of appeals from the 18 company courts martial, and of all other cases of which 19 the regimental courts martial have jurisdiction, their 20 determination shall be final. Sec. 33. The several courts martial have power and 2 legal authority to adjourn from day to day, or to any 3 future day, when it shall be the duty of the officers, enti- 4 tied to compose the same, to attend, under the penalties 5 by law established in other like cases for non-attendance, 6 and at which time the unfinished business of the court T may be acted upon : If there should not meet a sufficient 8 number at the place of adjournment to form a quorum, 9 the officer ordering the same shall have power to continue 10 its adjournments. Sec. 34. It shall be the duty of each commanding offi- 2 cer of a regiment, to exact regular settlements of all fines 3 collected under the militia laws, from the several persons 4 charged with the collection thereof within his regiment, 5 which fines shall be appropriated as directed by law, and 6 it shall be the duty of each captain or commanding officer T of a company to report in writing, once in every six 8 months, to the commanding officer of the regiment to 9 which he belongs, the amount of fines assessed in his. 10 company within that period, Sec. 35. Every commandant of a regiment shall, at 2 least once in every year, on or before the 25th day off 3 October, make a return to the brigadier-general of the 4 brigade to which such regiment belongs, and shall trans- 5 mit a duplicate of the same to the adjutant-general, on or 6 before the 15th day of November in every year, at the T bottom of which he shall report whether or not his regi- 8 ment was reviewed by the major or brigadier-general, 9 and at what time. Sec. 36. It shall be the duty of a major-general to re- 2 view his division once in every year, and a brigadier- 2 18 House Bill No. 5. Special Se $ general to review his brigade once in every year, the sev- 4 eral corps composing a division or brigade to meet by 5 order of the reviewing general, by regiments, at such 6 time as he may appoint, and at the usual places of regi- 7 mental musters, in their respective counties. It shall be 8 the duty of the major and brigadier-generals to give fifty® 9 days' notice, by order to the commandants of their regi- 10 ments or brigades, of the time of the review, previous to 11 such review taking place. Any major or brigadier-gen- 12 eral failing to give notice as above directed, shall forfeit 13 and pay for every offence the sum of forty dollars, to be 14 recovered before any jurisdiction having cognizance there- 15 of, one-half to the use of the county in which recovery is 16 had, and the other half to the use of the person suing 17 for the same. Sec. 37. The brigadier-generel of each brigade shall 2 make a return of his brigade to the major-general of his 3 division, on or before the tenth day of November, in each 4 and every year, and shall transmit a duplicate of the same .5 to the Adjutant-General, on or before the fifteenth day of 6 November, in which he shall state when his brigade was 7 last reviewed by the major-general of his division. The 8 major-general shall make a return of his division to the ad- 9 jutant-general on or before the annual meeting of the G-en- 10 eral Assembly. Sec. 38. If any general officer, or commandant of a 2 regiment, shall fail to review his division or brigade, or "3 muster his regiment, or to make an annual return of his 4 division, brigade or regiment, as is now required by law, 5 or if any major or brigadier-general shall fail to equip 6 himself, it shall be the duty of the governor to cause the 7 adjutant-general to give such delinquent thirty days' 8 notice of his neglect of duty, and if such delinquent does 9 not, within forty days thereafter, render a satisfactory 10 excuse for such neglect, by showing to the governor that 11 such delinquency happened in consequence of indisposi- 12 tion, absence from the State, or other sufficient cause, it 13 shall be the duty of the governor to strike his name from 14 the list of officers, and when the governor shall thus 15 strike the name of any officer from the list of officers, he 16 shall communicate it to the adjutant-general, who shall 17 have it published in some newspaper within this State, 18 and issue proper notice to supply the vacancy . Sec. 39. It shall be the duty of the adjutant-general to 2 distribute all orders from the commander-in-chief of the .3 State to the several corps ; to attend public reviews, if 1861,] House Bill No. 5. 19 4 required, when the commander-in-chief of the State shall 5 review the militia, or any part thereof; to obey all orders 6 from him relative to carrying into execution and perfect- 7 ing the system of military discipline established by law; 8 to furnish blank forms of different returns that may be 9 required, and to explain the principles upon which they 10 shall be made ; and also to furnish blanks of such re- 11 turns ; to demand and receive from the several officers of 12 the different corps throughout the State, returns of the 13 militia under their commaad, reporting the actual situa- 14 tion of the arms and accoutrements, and their delinquen- 15 cies, and every other thing which relates to the advance- 16 ment of good order and discipline, all which the several 17 officers of the divisions, brigades, regiments and battal- 18 ions are hereby required to make, in the manner herein 19 directed, that the adjutant-general maybe duly furnished 20 therewith previous to the biennial meeting of the General 21 Assembly, from all which returns he shall make proper 22 abstracts, and lay the same, with a report of the general 23 state of the militia, magazines and military stores, and 24 such improvements as he may think necessary for the ad- 25 vancement of discipline and benefit of the militia, bienni- 26 ally before the General Assembly, or the commander-in- 27 chief of the State, who is required to lay the same with- 28 out delay before the said Assembly. In failure of which 29 recited duties he shall suffer the following fines and pen- 30 alties : for not attending all public reviews, when required 31 yy the governor or commanden-in-chief of the State, fifty 32 dollars; for not furnishing blank forms, as required by 33 this act, the sum of ten dollars for each neglect, to be 34 recovered before any jurisdiction having cognizance there- 35 of, one-half to the use of the informer and the other half 36 to the use of the State ; for not distributing all orders 37 from the commander-in-chief of the State, or for not 38 making returns as required by this act, upon conviction 39 of either before a general court martial, to be ordered by 40 the governor, he shall be cashiered ; the said adjutant- 41 general shall be compensated for the expense of all the 42 blank forms of returns necessarily prescribed in his de- 43 partment, and the postage of all letters to and from him 44 in his capacity as adjutant-general, to be paid to him by 45 the treasurer of the State, on the adjutant-general pro- 46 ducing a stated account of the same by him certified; the 47 adjutant-general shall keep a roster of the names and 48 dates of the commissions of each major and brigadier- 49 general in this State, likewise the counties under each of 20 House Bill No. 5. [Special Ses. 50 their commands respectively, designating therein the 51 numbers of each division, brigade and regiment, ready at 52 all times for immediate inspection ; shall at least once in 53 every two years transmit a copy of this roster, certified 54 by him, to the governor of the State, and to the General 55 Assembly ; and he shall from time to time make report 56 to the legislature of what shall be done by him in virtue 57 of his appointment, and accompany such report with such 58 remarks as may by him be deemed necessary for the 59 better regulation and improvement of the militia discip- 60 line throughout the State. Sec. 40. If no immediate opportunity offers for for- 2 warding orders or returns, the certainty of which ensures 3 a speedy delivery thereof, which can be easily ascertained 4 and proved, then it shall be the duty of the officer issu- 5 ing the order or making the return (as the case may be) 6 to lodge the same, properly directed, in the post office, 7 marked on the back "public service," under which he 8 shall write his name and grade, and a return thus made 9 shall be deemed sufficient and good in law. Sec. 41. The governor for the time being is hereby au- 2 thorized to mitigate or remit all fines and penalties which 3 may be recovered in any of the courts of justice against 4 any general or field officer, arising under the militia law 5 of this State. Sec. 42. There shall be, in each brigade of militia in 2 this State, one regiment of cavalry; there shall be to each 3 regiment of cavalry onepolonel, one lieutenant-colonel, and 4 one major, to be appointed, in case of yacancy, by joint vote 5 both houses of the General Assembty, and commissioned 6 by the governor for the time being; and out of the militia 7 enrolled in this State there may be formed, out. of each 8 battalion that has a separate muster, at least one troop 9 of cavalry, to be formed of volunteers, which shall be 10 uniformly clothed in regimentals at their own expense, 11 the color and fashion to be determined by the field officers 12 of cavalry of the regiment or battalion to which they 13 belong ; to each troop one captain, two lieutenants, one 14 cornet, four sergeants, four corporals, one saddler, one 15 farrier, one trumpeter, and no less than twenty-four 16 dragoons. The commissioned officers to furnish them- 17 selves with good horses, at least fourteen and a half hands 18 high, to be armed with a sword and pair of pistols, the 19 holsters of which shall be covered with bear skin; and 20 each dragoon shall furnish himself with a serviceable 21 horse, at least fourteen and a half hands high, a good 1861.] House Bill No. 5. 21 22 saddle, bridle, breastplate, cruppers and valise, a pair of 23 boots and spurs, one pair of pistols and bolsters, the 24 holsters to be covered with bear skin, a sword and car- 25 touch box to hold twelve cartridges for pistols ; and the 26 field officers and commissioned officers shall reside within 27 the brigade, regimental or troop district in which they 28 respectively command; there shall also be to each regi- 29 ment of cavalry one adjutant, one quarter master, one pay 30 master, one surgeon, and one surgeon's mate, each of 31 the rank of lieutenant, to be appointed by the command- 32 ing officer of each regiment ; the commissioned officers of 33 troops of cavalry shall be elected by the members of the 34 Company, and commissioned b}r the governor for the time 35 being ; all non-commissioned officers of each troop shall 36 be appointed by the captain of such troop ; all commis- 3*7 sioned officers shall take rank according to the date of 38 their commissions, and when two or more of equal grade 39 bear the same date, then their rank shall be determined 40 by lot, to be drawn by them before the commanding 41 officer of the regiment to which they belong. Sec. 43. Each troop of cavalry shall muster at least 2 once in every three months, at such time and place as the 3 captain or commanding officer of such troop shall direct, 4 and it shall be the duty of the captain to make a true return 5 of his troop to the commanding officer of the regiment 6 to which he may belong, on or before the first day of 7 September in each and every year, under the penalty of 8 thirty dollars for each neglect. The troops of cavalry, 9 when attending the general muster of the regiment or 10 battalion of infantry, shall be under the command of any 11 field officer of the cavalry, if present on parade, except 12 on review days, when ordered by the major general, adju- 13 tant general or brigadier general; and at the reviwing 14 of the regiment of cavalry, when ordered by the colonel 15. thereof, the cavalry shall then be under the command of 16 the officers of the cavalry only, except a general officer 17 shall be present on parade. Sec. 44. It shall be the duty of the field officers of 2 cavalry, onee in every two years, to review the troops of 3 cavalry, composing their regiments, at some place most 4 convenient in the brigade, to be designated by a majority 5 of the commissioned officers of the regiment, at such 6 time as the commanding officer of the regiment shall 7 appoint, of which at least thirty days' notice shall be 8 given to the commanding officers of the several troops. 9 The commanding officer of each regiment of cavalry 22 House Bill No. 5. [Special Ses. 10 shall, once in every year, on or before the first day of 11 October, make a just and full return, after the form pre- 12 scribed by the adjutant general, of all the officers and 13 dragoons under his command, and their equipments, to 14 the brigadier general to whose brigade the said regiment 15 belongs, and shall also transmit to the adjutant general, 16 on or before the fifteenth day of November in each and IT every year, a duplicate of such returns, and at the bottom 18 of the same shall state when his regiment or the several 19 troops composing it, were last reviewed by the brigadier 20 and major generals. Sec. 45. A majority of the commissioned officers of 2 each troop, and a majority of the commissioned officers 3 of each regiment, immediately after their respective troop 4 or regimental musters, shall hold troop or regimental 5 courts martial, in the same manner, and the courts shall 6 have the same power, duties and authorities, and shall 7 be governed by the same rules and regulations, as the 8 company or regimental courts martial of the infantry 9 herein before prescribed: Provided however, that the de- 10 linquents of each troop of cavalry, at any regimental 11 parade, shall be heard, and either fined or excused, at 12 the troop court martial next succeeding such regimental 13 muster or review, and the troop courts martial shall make 14 returns to the next succeeding regimental court martial 15 of their proceedings, and of all moneys by them caused 16 to be made, to be disposed of as herein directed. Sec. 46. The fines of the officers, non-commissioned 2 officers and privates of the troops and regiments of 3 cavalry, for not holding musters, not attending musters, *4 parades and reviews, or not being armed and equipped 5 as required by law, shall be the same as herein before 6 prescribed for officers, non-commissioned officers and 7 privates of the infantry in similar cases. Sec. 47. All fines and forteitures incurred by tlje 2 cavalry officers or privates, and not herein particularly 3 appropriated, shall be applied to the purposes of first 4 buying trumpets, and then at the disposal of the regi- 5 mental courts martial, to the use and benefit of the troop 6 whence the same arose. Those fines, paid by the field 7 and staff officers and not particularly appropriated, shall 8 be equally divided among the troops composing the regi- 9 ment to which they respectively belong ; all other fines TO and forfeitures shall be appropriated and divided at the 11 discretion of the regimental courts martial, for the pro- 12 motion and advancement of military discipline. 1861.] House Bill No. 5. 23 Sec. 48. It shall be the duty of the adjutant of the 2 regiment to attend the regimental parade, and receive 3 and execute such orders as the commanding officer may 4 deem expedient, and the said adjutant shall take an oath 5 of office in open court martial, and from time to time 6 call upon and bring suit against all delinquent captains, 7 and other commissioned officers, below the grade of cap- 8 tain for fines and penalties hy them incurred, and which 9 are not otherwise especially provided for in this aGt, and 10 to receive and account for the same annually with the 11 paymaster of the regiment, for which services the adju- 12 tant shall be allowed a reasonable compensation, to be 13 paid out of the fines so collected, by order of the court 14 martial; and in case any adjutant shall fail to attend 15 and perform his duty as required by this act, he shall 16 forfeit and pay the sum of one hundred dollars. Sec. 49. The following sections of this act in relation to 2 the infantry, are hereby declared to apply to the cavalry, 3 to wit: so much of the eleventh, twelfth and thirty-eigth 4 section as relates to officers under the grade of brigadier 5 general ; also the thirteenth, fourteenth, twenty-fifth, 6 twenty-sixth, twenty-seventh, twenty-eighth, thirtieth, 7 thirty-first, thirty-fourth, thirty-ninth, fortieth and 8 forty-first sections. Sec. 50. No person shall be commissioned in any troop 2 of cavalry unless the number is such as shall be prescribed 3 by this act, and when, from default of number or other- 4 wise, a troop shall no longer he entitled to muster as cav- 5 airy, it shall be the duty of the captain of infantry, in 6 whose company district the members of such troop shall 7 reside, to Cause them to be enrolled in their respective 8 companies. Sec. 51. Out of the militia of this State there may be 2 enrolled as many volunteer companies of artillery, light 3 infantry, grenadiers or riflemen as may see fit to form 4 themselves into such, each company to consist of forty-four 5 privates, four sergeants, four corporals, one captain and 6 three lieutenants. Sec. 52. The said companies shall be clothed in regimen- 2 tals, to be furnished by themselves, of their own choice 3 and fashion, and shall attend battalion and regimental 4 reviews, parades and drills, whenever ordered by the col- 5 onel of the county or commanding officer of the regiment 6 to which they respectively belong ; shall be subject to his 7 orders, and liable to the same fines and penalties for the 8 non-performance of military duty, misdemeanors in office, 24 House Bill No. 5. [Special Ses. 9 or dereliction of duty as the militia of the State now are 10 or may hereafter he subjected to by law. Sec. 53. Whenever there may be a sufficient number of 2 volunteer companies in any one brigade in this State to 3 form a regiment, containing as many companies as five, 4 the commissioned officers of such companies may meet to- 5 gether, at such time and place as a majority of them may 6 designate, and proceed to elect (a majority of said commis- 7 sioned officers being present) a colonel, lieutenant-colonel 8 and major, the result of said election to be certified by the 9 senior officer present at said meeting (who shall also pre- 10 side thereat) to the brigadier-general of said brigade, whose 11 duty it shall be to lay said result before the governor, who 12 shall forthwith issue commissions to the said officers. Sec. 54. The captains and lieutenants of said companies 2 shall be elected by a majority of the members of their re- 3 spective companies, and the non-commissioned officers 4 of said companies shall be appointed by the commissioned 5 officers thereof. Sec. 55. The captain or commanding officer of each com- 2 pany of artillery, light infantry, grenadiers or riflemen 3 shall, at least once in three months, muster their men at 4 such time as such captain may direct, and at such place 5 as may be agreed on by a majority of the company, and 6 each of said companies may adopt rules and regulations T for their own government, not inconsistent with the laws 8 and constitution of this State and of the [Confederate 9 States,] United States. Sec. 56. Whenever a regiment of volunteers shall be 2 formed and officered, as herein before required, it shall be 3 their duty to make annual returns to the brigadier-gen- 4 eral and adjutant-general, as is or may be required to be 5 made by the field officers of infantry or militia. Sec. 57. Noperson whonow is, or shall hereafter procure 2 himself to be enrolled in any company of artillery, light 3 infantry, grenadiers or riflemen, or in any volunteer 4 company shall be permitted to return to the infantry, ex- 5 cept by the consent of the field officers of the regiment, 6 or by removal out of the county regiment or battalion, 7 wherein such persons was enrolled and it shall be sufficient 8 for any person to be enrolled and approved by the captain 9 of said volunteer company without the intervention of any 10 other officer : Provided, nevertheless, that any person en- 11 rolling himself with any captain of a volunteer company 12 shall be subject to perform all the duties and exercises in 13 the infantry and under the officers thereof, until such 1861.] House Bill No. 5. 25 14 person so enrolling himself shall fully and completely 15 equip himself with clothing and arms, required and settled 16 on for such company, and a certificate to that effect procur- 17 ed from the captain with whom he has enrolled and 18 produced to the captain under whom such person so serv- 19 ed before such enrolment or his successor in office. Sec. 58. Whenever there may be formed a regiment 2 of volunteers as herein before provided, it shall he the 3 duty of the commanding officer of such regiment 4 to review his regiment, as often as the colonel or comman- 5 ding officers of infantry may he required to do by law. Sec. 59. Whenever a vancancy shall occur by death, 2 resignation, or otherwise, among the field officers of said 3 regiment, it shall be the duty of the officer highest in 4 command to notify the brigadier general thereof, whose 5 duty it shall be to call the commissioned officers of said 6 regiment together at some convenient place, for the pur- 7 pose of electing some one to fill said vancancy, and may 8 either detail some officer to superintend said election, or 9 may make it the duty of the officer highest in rank that 10 may be present, to attend thereto and transmit to him 11 the returns of said election ; and it shall be the duty of 12 said general to transmit the result of said election to the 13 governor, who shall forthwith commission the officer or 14 officers so elected. SEc. 60. Each and every section of this act relative to 2 infantry, which can be applied to the government and 3 disciplining of the artillery, light infantry, grenadies or 4 riflemen, or which can by construction be applied to them 5 or either of them, is hereby declared to be in force for the 7 government and disciplining of the artillery, light infan- 8 try, grenadiers and riflemen respectively. Sec. 61. The governor or commander in chief shall 2 appoint general courts martial for the trial of major gen- 3 erals ; major generals, each within his own division, 4 shall appoint division courts martial for the trial of brig- 5 adier generals; brigadier generals each within his own 7 brigade, shall appoint brigade courts martial for the trial 8 of all officers above the grade of captain; and in like man- 9 ner the colonel or commandant of each regiment or battal- 10 ion shall appoint regimental or battalion courts martial for 12 the trial of all commissioned officers under the grade of a 13 field officer; in every case the officer ordering the court mar- 14 tial shall cause the officer accused to be arrested, to be fur- 15 nished with a copy of the charges against him, and to be 16 notified of the time and place appointed for his trial. 26 House Bill No. 5. [Special Ses. Sec. 62. When a court martial is ordered the officer or- 2 dering it shall appoint the president, judge advocate and 3 provost marshal, and if it be a general court martial, orders 4 shall be issued to such divisions as in the opinion of the gov- 5 ernor or commander in cheif may most conveniently furnish 6 the members thereof; if it be a division court martial, 7 orders shall be issued to such brigades, as in the opinion 8 of the officer ordering it may most conviently furnish the 9 members thereof, if it be a brigade court martial, orders 10 shall be issued to such regiments in the brigade as in the 11 opinion of the officer ordering it may most conveniently 12 furnish the members of it ; if it be a regimental court mar- 13 tial the officer ordering it may and shall appoint the 14 members. Sec. 63. The president of a general court martial shall 2 not be under the rank of a major-general, and the court 3 shall be composed of two brigadier-generals and ten field 4 officers, as members, six of whom shall be of different di- 5 visions; the president of a division court martial shall 6 not be under the grade of a brigadier general, and the 7 court shall be composed of twelve field officers, as mem- 8 bers, six of whom shall be of a different brigade ; the 9 president of a brigade court martial shall not be under 19 the rank of a colonel, and the court shall be composed of 11 twelve officers, as members, to be taken from the brigade, 12 none of whom shall be under the rank of captain ; the 13 president of a regimental court martial shall not be un- 14 der the grade of a field officer, and the court martial shall 15 he composed of a majority of theNofficers of the regiment 16 as members. Sec. 64. Whenever the commanding officer of a divis- 2 ion brigade, regiment or battalion, shall be ordered 3 to furnish any officer or officers, as a member or mem- 4 bers, supernumery or supernumeraries, of a court martial, 5 such officer or officers shall be regularly detailed from the 6 roster of the division brigade regiment or battalion, by 7 the commanding officer thereof forthwith, after receiving 8 orders therefor : Provided, that in case of sickness, ina- 9 bility, or absence of any officer, whose turn it may be to 10 serve on a court martial, the detailing officer shall certi- 11 fy such circumstance to the officer who ordered the court 11 martial, and detail the officer next in succession. Sec. 65. Officers ordered to be detailed to serve on 2 courts martial shall be detailed in the following man- 3 ner:—Bridgadier generals by the major generals df 1 division from the division rosers; colonels, lieutenant 1861.] House Bill No. 5. 27 5 colonels and majors by the commanding officers of brig- 6 ades from the brigade rosters; captains and subalterns 5 by the commanding officers of regiments and battalions 8 from the regimental or battalion rosters. Sec. 66. All courts martial for the trial of officers shall 2 be constituted of a president, judge advocate and provost 3 marshal, together with the number of members prescribed 4 by the provisions of this act, and the officer ordering a 5 court martial shall and may, at his discretion, order a 6 number of officers to be detailed, as supernumeraries, in 7 addition to those intended to serve as members, to attend 8 the organization thereof, and, in case there should be any 9 vacancy or vacancies, the judge advocate shall fill such 10 vacancy or vacancies from the supernumeraries, beginning 11 with the highest in grade and proceeding in regular rota- 12 tion. Sec. 67. All officers on a court martial shall take rank 2 by seniority of commission without regard to corps ; and 3 before any court martial shall proceed to the trial of any 4 officer, the judge advocate shall administer to the presi- 5 dent and each of the members the following oath : "You, 6 A. B., do swear that you will well and truly try and 7 determine, according to the evidence, the matter now be- 8 fore you between the State of North-Carolina and the 9 prisoners to be tried, and that you will duly administer 10 justice according to the militia laws of North-Carolina, 11 without partiality, favor or affection ; and you do further 12 swear that you will not divulge the sentence of the court 13 until it shall be published by the proper authority, neith- 14 er will you disclose the vote or opinion of any particular 15 member of the court, unless required to give evidence there- 16 of as a witness by a court of justice in due course of law ; so 17 help you God." And the president shall administer to 18 the judge advocate the following oath : "You, A. B., do 19 swear that you will faithfully and impartially discharge 20 the duty of judge advocate on this occasion as well to 21 the State as to the accused, and that you will not disclose 22 the vote or opinion of any particular member of the court, 23 unless required to give evidence thereof as a witness bv a 24 court of justice in a due course of law, nor divulge the 25 sentence of the court to any but to the proper authority, 26 until it shall be duly published by the same : so help you 27 God." Sec. 68. The judge advocate of any court martial, con- 2 stituted according to the provisions of this act, shall and 3 may issue a summons, in the nature of a subpoena in 28 House Bill No. 5. [Special Ses. 4 criminal cases, directed to the provost marshal, to sum- 5 mon witnesses for the State, and the accused, and the 6 persons summoned by him shall be bound to attend and 7 give evidence before the court martial, under the penalty 8 of forty dollars, to be recovered by the party aggrieved in 9 an action of debt before a justice of the peace, unless the 10 witness can prove his inability to attend. Sec. 69. All witnesses shall be sworn or affirmed by the 2 judge advocate, before they give their evidence, as in 3 criminal cases, according to the following form. " You, 4 A. B. do swear (or affirm, as the case may be) that the 5 evidence you will give the court in the case between the 6 State and C. D. shall be the truth, the whole truth and 7 nothing but the truth: so help you God." Sec. 70. All trials by court martial shall be carried on 2 in the day time, between the hours of ten o'clock in the 3 morningandfiveo'clockintheevening; and when the votes 4 shall becalledfor on any question, the judge advocate shall 5 begin with the youngest in commission and proceed reg- 6 ularly to the oldest. And at all courts martial, unless 7 two thirds of the members agree that the accused is guilty, 8 the judge advocate shall record his acquittal. And all 9 courts martial, authorized and appointed in pursuance of 10 the military laws of this State, shall have full power and 11 authority to preserve order during their session, and may 12 imprison in the county jail, for the space of eight hours, 13 any and all persons, who shall in the presence of the 14 court martial behave in a disorderly and contemptuous 15 manner. Sec. 71. It shall be the duty of the judge advocate, 2 upon all trials, to state impartially to the court the evi- 3 dence, both for and against the accused, to take in writing 4 the evidence both for and against the accused, and to minute 5 down the proceedings of the court, all of which, with the 6 judgment or sentence of the court there upon, authenticated 7 by his signature, and that of the president of the court, 8 with the papers read at the trial or copies thereof, certified 9 by him, he shall transmit under seal to the officer who 10 ordered the court, and all motions and objections to evi- 11 dence, whether on the part of the State, or the accused, 12 and the opinion of the judge advocate on questions of law, 13 made at the trial, shall be stated in writing, and the 14 statement of the complaint and the defence shall be made 15 in writing, so that a full view of the trial may be had by 16 the officer, whose duty it is to approve of disapprove of 17 the proceedings ; and all the original proceedings and 1861.] House Bill Ho. 5. 29 18 judgment or sentence of the courts martial, appointed 19 according to the provisions of this act, after having been 20 approved or disaproved by the officer ordering them, shall 21 by him, as soon thereafter as convenient, be transmitted 22 to the Adjutant General of the State, to be deposited and 23 preserved in his office ; and the party tried by any court 24 martial, as aforesaid, upon request by himself, or by any 25 person properly authorized, at the Adjutant General's 26 Office, shall be entitled to a copy of the original record, 27 certified as aforesaid, of the proceedings and sentence of 28 the court, he paying reasonably for the same. Sec. 72. When any officer shall be arrested and notified 2 to attend any court martial, which may be ordered for 3 his trial, and shall refuse or neglect to attend the same, 4 the said court shall take up the charges and specifications 5 alleged against him, provided he has been served with a 6 copy thereof, and proceed to trial in the same manner as 7 if he were present. Sec. 73. If any person shall wickedly, wilfully or cor- 2 ruptly swear falsely before any court martial, touching 3 and concerning any matter or thing cognizable before 4 such court martial, he shall, on conviction thereof', be 5 liable to the pains and penalties of perjury, and in all 6 cases, to delinquents and witnesses, oaths and affirmations 7 shall be administered by the judge advocate or presiding 8 officer of said court martial. Sec. 74. Dishonest or ungentlemanly conduct in an 2 officer shall be punished by cashiering and disabling him 3 from ever holding a military commission in this State. Sec. 75. Upon any requisition by the governor, it shall 2 be the duty of every captain of infantry to enter upon his 3 roll all able bodied free white men, between the ages of 4 eighteen and forty-five years, except such as are exempted 5 by this act: Provided, that nothing in this act shall be 6 understood to subject persons heretofore-exempted to per- 7 form ordinary militia duty : And provided further, noth- 8 ing herein contained shall be construed to conflict with 9 the provisions of the third section of this act. Sec. 76. It shall be the duty of each captain or com- 2 manding officer of a company of militia, detached as part 3 of the requisition under the authority of the governor, to 4 receive and enroll in the place and stead of any person 5 drafted to serve in such company, any able bodied free 6 white citizen to serve as a substitute for such person so 7 drafted. Sec. 77. If any comnlissioned officer, under the grade 30 House Bill No. 5. [Special Ses. 2 of a field officer, appointed to command in any detach- 3 ment from this State under the authority of the governor, 4 shall die, resign or remove out of the regiment to which 5 he belongs or may belong, it shall be the duty of the col- 6 onel commandant of the regiment to which such officer 7 belonged to recommend a proper person, resident within 8 the bounds of such regiment, to be commissioned by the 9 governor to fill such vacancy. Sec. 78. In all cases where a militia man shall have 2 performed a term of service, either as a volunteer or 3 drafted militia man, he shall not be liable to stand a 4 second draft, until the whole of the militia within his 5 company district shall have performed a like term of duty. Sec. 79. When militia men are ordered out on duty in 2 aid of the civil authority, either to guard a jail or for any 3 other purpose, and shall neglect or refuse to attend, agree- 4 ably to orders, each man shall be fined, at the discretion 5 of his company court martial, not exceeding five dollars 6 for each day he shall fail to do duty. Sec. 80. In all cases of insurrection among slaves or 2 free persons of color, either in any county of this State, j 3 or in an adjoining State, or in case of invasion, seven jus- 4 tices of the peace, deeming the emergency to require it, 5 may, at their discretion, require in writing of the com- 6 manding officer or officers of their county to call out the 7 militia under his command, and any volunteer company 8 or companies in said county, in the absence of the officer 9 who is entitled to the command, to suppress or repel such 10 insurrection or invasion, or to protect the inhabitants of 11 their county from the danger to be apprehended, and may 12 again require of the said officer to dismiss his men when 13 they think the danger is over, and the commanding offi- 14 cer may dismiss in like manner. Sec. 81. It shall be the duty of the commanding officer 2 forthwith to order out the militia, in the way he shall 3 judge best to effect the purpose desired ; he may make 4 such contracts as he may think most to the interest of the 5 State, for the requisite ammunition, and appoint some 6 one a commissary to provide the necessary rations for the 7 subsistence of the men while in service, and immediately 8 on the discharge of the men the commanding officer is 9 hereby empowered to dispose of any surplus ammunition 10 or provisions, for the benefit of the State ; and all expen- 11 ses hereby incurred shall be properly certified by said 12 officer and forwarded to the governor, and shall be paid 13 by the State, after undergoing an examination and ap- 1861] House Bill No. 5. 14 proval by the governor, treasurer and comptroller, who 15 are hereby created a board for that purpose. Sec. 82. The commanding officer of any regiment, as 2 soon as he has called out the militia under the provisions 3 of the eighty-first section of this act, shall immediately 4 send an express to the brigadier or major-general of his 5 brigade or division, informing him of the fact, and of any 6 other official facts he may be in possession of, and con- 7 tinue to do so from time to time, and the brigadier or 8 major-general shall immediately apprise the governor, 9 either by express or mail, as he may judge the emergency 10 requires, of all the circumstances ; in the meantime such 11 general officer shall pursue the most effectual measures 12 for repelling such invasion or suppressing such insurrec- 13 tion, and the militia thus called out shall be armed ac- 14 cording to law. Sec. 83. When there may be outlawed or runaway ne- 2 groes, committing depredations, or in any way alarming 3 the citizens of any county, or where the guarding of a jail 4 is necessary, three justices of the peace, certifying the 5 same in writing and requesting the officer in command of 6 their county, he is hereby required to effect the object set 7 forth in said request of the justices, and the expenses of 8 said militia so called out shall be paid by the court of the 9 county, who are hereby authorized to lay a sufficient tax 10 to pay said militia, at the same rates as the regular troops 11 of the United States are by law now entitled to, when in 12 actual service. Sec. 84. The militia of this State, both officers and 2 soldiers, when called into the service of the State, shall 3 receive the same pay and rations as when called into the 4 service of the Confederate States, except the governor's 5 aids, who shall receive three dollars per diem while in 6 actual service. Sec. 85. Every officer who shall refus or neglect, one 2. call or alarm given, to appear at such times and places 3. as shall be appointed by his commanding officer, shall, 4. on conviction before a court martial, be cashiered and 5. rendered incapable of ever after holding a military ap- 6. pointment under the authority of the State, and be fur- 7. ther liable to pay the sum of forty dollars, to be collected, 8. as herein directed ; and if a non-commissioned officer or 9. private, he shall forfeit«and pay the sum of ten dollars. 10. If any person do not march against the enemy, when 11. commanded, by himself or substitute, or refuse or neglect 12. to do his duty or perform the services he is requested to 32 House Bill No. 5. [1861. 13. perform by bis officer, or quit his post, desert or mutiny, 14 it shall and may be lawful for the commanding officer of 15 the regiment or corps to order a court martial for the 10 trial of such offender; the members when met shall 17 individually, before the proceed, take the following oath : 18 " I swear well and truly to try and determine, according 19 to the evidence of the matter before me, between the 20 State and the person now to be tried: so help me God." 21 And shall, on trial and conviction, order punishment on 22 the offender, according to the articles of Avar established 23 for the regulation of the army : Provided, sucli punish- 24 ment shall not extend to sentence of death, except in case 25 of desertion to an enemy, or mutiny. 86. If any non-commissioned officer or private militia 2 man, Avhile in the pay and service of this State, shall wil- 3 fully desert the service or abandon the post assigned to 4 him, Avithout being regularly discharged, or permitted 5 by an officer duly authorized for that purpose, such non- 6 commissioned officer or private, so deserting or abandon- 7 ing his post, and being thereof convicted by a court mar- 8 tial having jurisdiction of the offence, shall be adjudged 9 to have forfeited the pay and emoluments, due to him at 10 the time of his desertion, and be subject to a find not less 11 than twenty and not exceeding fifty dollars, and imprison- 12 ment not exceeding six nor less than one month, at the 13 discretion of the court martial; and, furthermore, turned 14 over to serve as a private soldier in the regular army of 15 the Confederate States, at the discretion of the court mar- 16 tial, not exceeding double the term of time, which he 11 had been called out to serve in the militia of this State. 87. All acts, heretofore passed on the subject of the 2 militia, are hereby repealed: Provided, that this act 3 shall not extend to military appointments made by re- 4 commendation to the present legislature : And provided, 5 that nothing herein contained shall be construed to repeal 6 any private act of the General Assembly, incorporating, 7 granting privileges to, or regulating particular corps, 8 whether of the volunteers or of the ordinary militia. Sec. 88.- It shall be the duty of the adjutant-general to 2 have copies of this act printed and distributed, one copy 3 to each general officer, one copy to each field officer, and 4 two copies to each company—to be distributed, as is pro- 5 vided for the distribution of the acts of the General As- 6 sembly. 89. This act shall be in force from and after its passage.