User:Aleutian06/Arkansas Militia Law of 1860

MILITIA LAW OF THE STATE OF ARKANSAS; PUBLISHED BY DIRECTION OF THE COMMANDER-IN- CHIEF OF THE ARMY OF THE STATE OF ARKANSAS, AND OF THE MILITIA THEREOF.

1- Who liable to militia duty.

2. Who exempt.

HOW DIVIDED.

3. Into brigades and divisions.

4. County militia, how divided and arranged.

5. Colonel may establish new companies, but no regiment to consist of more than eight nor less than four companies.

6. Brigadier general may divide regiments, major general brigades, and governor divisions, when.

7. Size of companies and battalions.

HOW COMMANDED AND RANK OF OFFICERS.

8. Governor, commander-in-chief, and powers.

9. Divisions, brigades, battalions and companies, how commanded.

10. Staff of governor.

11. Duty of adjutant general: quartermaster-general appointed by governor.

12. Staffs of major-generals, brigadier generals and colonels: pay of musicians: colonel to appoint judge advocate, and captain drummer and fifer.

13. Rank and pay of staff officers.

14. Commissioned officers to rank according to grades and date of commissions: rank of general and field officers when determined by lot.

15. Of captains and subaltern officers when determined by lot.

ELECTIONS: OATH AND TERM OF OFFICE.

16. Elections for major-generals.

17. For brigadier-generals.

18. For colonels.

19. For all commissioned officers in a regiment below colonel.

20. Colonels to keep vacancies in such offices filled, and persons elected to act under certificate of election until commissioned.

21. Flections, how contested.

22. Oath of militia officers.

23. Penalty of voting without being qualified.

24. Term of militia officers.

25. Vacancies by removal or absence.

DRILLS AND REVIEWS

26. Uniform of officers.

27. Regimental musters.

28. Battalion musters.

29. Company musters.

30. Hour of parading: absentees noted: length of exercises.

31. Regimental drills.

32. Compensation of adjutant for attending drills, courts martial, etc.

33. Reviews by brigadier-generals.

COURTS MARTIAL.

34. For the trial of major-generals, brigadier-generals, or brigade majors.

35. Regimental court martial.

36. Battalion court martial: appeal.

37. Company court martial: appeal.

38. Appeals, when and how taken.

39. Orderly sergeant to furnish judge advocate of regiment with transcript of fines imposed by company court martial.

40. JUDGE ADVOCATE of regiment to give bond.

41. Failing to attend court martial, one appointed pro tern.

42. Oath of judge advocate; and he to administer oath to members of court martial.

43. Judge advocate to record the proceedings of regimental and battalion courts martial, collect fines, etc

44. How to disburse money collected, and compensation.

45. Form of execution to be issued by judge advocate to constable for collection of fines.

46. Who liable for fines imposed upon minors.

47. Person fined removing, how fine collected.

REPORTS.

43. Strength and condition of companies, battalions, regiments, brigades and divisions to be reported to adjutant general, and he to report to secretary at war.

INVASION OR INSURRECTION.

49. How militia ordered out to repel or quiet.

50. If not organized, sheriff to order an election for officers.

51. Elections, how conducted, sheriff to give certificates of election.

52. Officers elected to be obeyed, etc.

GENERAL PROVISIONS.

53. Person called on to perform tour of duty, may furnish a substitute.

54. Militiamen exempted from arrest, bridge toll, pikeage, and ferriage while going to, at, or returning from any muster, court martial or election.

55. In matters not provided for in this chapter, regulations of the army of the United States to govern, etc.

56. Divisions or portions of militia, to be attached elsewhere, and how.

VOLUNTEERS.

57. Four volunteer companies may be organized in each county; what kind and how.

58. Officers of a company to be captain, first, second and third lieutenant.

59. Volunteer companies to be independent of militia except at battalion and regimental parades.

60. May or organize battalions and regiment; how.

61. Drills and by-laws of company.

62. Court martial of company.

63. Form of judgment against delinquents in company, battalion or regimental court martial.

64. Fines, how collected.

65. Money, how used.

66. Five years service as a volunteer to exempt from militia service in peace.

WHO LIABLE TO, AND WHO EXEMPT FROM, DUTY.

SEC. 1. Every able-bodied free white male inhabitant, between the ages of eighteen and forty-five years, shall constitute the militia of this State. But no person shall be called upon to perform militia duty who has not resided within this State two months, and within the bounds of the company to which he may belong, ten days, except in cases of actual or threatened danger of insurrection or invasion, in which case they shall be required to do and perform the same duty as other citizens, the neglect of which shall subject them to the same fines and penalties. Act of Feb. 3, 1843, sec. 1.

SEC. 2. Judges of the supreme and circuit courts, secretary, auditor and treasurer of the State, clerks of the supreme and circuit courts, postmasters, post-riders, ferrymen on public roads, all licensed preachers of the gospel, of every denomination, and justices of the peace, shall be exempt from performing military duty, except in cases of insurrection and invasion, (a) lb. sec. 1. Keepers of public grist mills, who have their names recorded as such, are exempt. See MILLS AND MILLERS. Patrols are exempt. See PATROLS.

MILITIA, HOW DIVIDED.

SEC 3. The militia of this State shall be divided and designated as follows, viz: The militia of the counties of Sevier, Hempstead, Lafayette, Pike, Clark, Ouachita, Hot Spring and Montgomery, shall compose the first brigade.

The militia of the counties of Pope, Yell, Conway, Perry, White, Pulaski and Saline, shall compose the second brigade.

The militia of the counties of Crawford, Franklin, Scott and Johnson, shall compose the third brigade.

The militia of the counties of Washington, Benton, Madison and Carroll, shall compose the fourth brigade; which brigades shall compose the first division.

The militia of the counties of Mississippi, Crittenden, Poinsett, St. Francis, Phillips and Monroe, shall compose the fifth brigade.

The militia of the counties of Jefferson, Bradley, Union, Chicot, Desha and Arkansas, shall compose the sixth brigade.

The militia of the counties of Van Buren, Izard, Fulton, Marion, Searcy and Newton, shall compose the seventh brigade.

The militia of the counties of Randolph, Greene, Lawrence, Independence and Jackson, shall compose the eighth brigade; which brigades shall compose the second division. (6) lb.

Note: Since the passage of this act, the counties of Ashley, Calhoun, Columbia, Craighead, Dallas, Drew, Polk, Prairie and Sebastian, have been established; and belong, of course, to the brigades, respectively, which included the territory out of which they were formed, until otherwise classed.

SEC. 4. The militia of each county, when the number of persons therein subject to military duty shall be sufficient to constitute two battalions, shall constitute one regiment; but when the number of militia-men in any county shall not be sufficient to constitute two battalions, the militia of such county shall constitute a separate battalion, or be formed into independent companies, as may be found most convenient; the regiments and battalions shall be numbered by the commander-in-chief, and arranged in numerical order. Rev. Stat., chap. 97, sec. 4. Act of Oct. 29, 1836, sec. 3.

SEC. 5. The commanding officer of each regiment within this State, shall have power to layoff and establish new companies, from time to time, within their commands, as they may think best for the convenience of the militia-men therein; Provided, however, No regiment shall consist of more than eight, nor less than four companies. Act of Feb. 3, 1843, sec. 33.

SEC. 6. Any brigadier general of this State shall have power to divide any regiment in his brigade, whenever the same shall consist of more than eight companies; and any major general shall have power to divide any brigade within his division, whenever the same shall consist of more than eight regiments; and the governor shall also have power to divide any division, whenever the same shall consist of more than eight brigades. Ib. sec. 34.

SEC. 7. No company shall consist of less than thirty-two, nor more than one hundred, non-commissioned officers and privates; nor shall any battalion consist of less than two, nor more than four companies. Ib. sec. 35.

HOW COMMANDED, AND RANK OP OFFICERS.

SEC. 8. The governor shall be commander-in-chief of the militia of this State, for the time being, and shall have and exercise such power and authority as may be necessary to call into actual service the militia of the State, or such number thereof as may be called for by the proper authorities of the United States, making an equal requisition on each division, or to order out all, or such part aa may be necessary to protect the State against insurrection or invasion, in such manner as the exigency may require. Act of Feb. 3, 1843, sec. 3.

SEC. 9. Each division shall be commanded by one major general, each brigade by one brigadier general, each regiment by one colonel commandant, the first battalion of each regiment by one lieutenant colonel, and the second battalion by one major, and each company by one captain, one first and one second lieutenant, three sergeants and four corporals. Ib. tec. 3.

SEC. 10. The staff of the governor shall consist of all such officers as compose the staff of the officer of the same grade in the army of the United States, and shall bear the same rank; and when called into actual service, either by the authority of this State, or the United States, shall be entitled to the same pay and emoluments, (c) Act of Dec. 18, 1840.

SEC. 11. The governor shall appoint an adjutant general, whose duty it shall be to do and perform all the duties that may be required of him by law, and to furnish all forms and blanks for returns, that may be necessary, and to keep a book, in which he shall make a fair entry of all returns by him received, which shall be subject at all times to the inspection of the major generals and the executive of the State; and he shall receive for his services such compensation as may from time to time be allowed him by law: the governor shall also appoint a quarter master general. Act of Feb. 3, 1843, sec. 3.

SEC. 12. Major and brigadier generals shall appoint such aids, and other staff officers, as major and brigadier generals are entitled to in the United States army. Each colonel commandant shall appoint one adjutant, one sergeant major, one quartermaster, one quartermaster sergeant, one surgeon, one drum and fife major; which musicians shall be allowed one dollar for each day they may be engaged in performing their duties, at any regimental, battalion, or drill parade; and one judge advocate; and captains shall appoint for their respective companies a drummer and fifer. Ib.

SEC. 13. The staff officers of the major general shall rank as lieutenant colonels of cavalry; the staff officers of brigadier generals shall rank as majors of cavalry; the staff officers of colonels shall rank as captains of infantry; and said officers, when called into actual service, either by the authority of this State or the United States, shall be entitled to the same pay and emoluments as officers of the like grade, belonging to the United States army. [c] See CONST. ABK., page 3 of this pamphlet. Ib. sec. 4.

SEC. 14. All commissioned officers shall rank according to their grades and the date of their commissions. The rank of general field officers, who may be elected or appointed under any of the provisions of this act, on the same day, being of the same grade, shall be determined by lot, to be drawn by the adjutant general, in presence of the governor and secretary, which duty he is required to perform as soon as practicable, and transmit as quick as practicable, to each officer, the result thereof; and it is also his duty to make an entry in a book, to be kept by him for that purpose, of the grade and rank of each officer so determined, lb. sec. 6.

SEC. 15. The rank of all captains and subaltern officers heretofore or hereafter elected on the same day, of the same grade, belonging to the- same regiment, shall be determined by lot, drawn in the presence of the colonel commandant, and the adjutant shall make a record of the grade and rank of each officer so determined. Ib. sec. 7.

ELECTIONS: OATH AND TERM OP OFFICE.

SEC 16. In all elections for major generals, the same shall be held at the court-house in each county in the division, and for this purpose the governor shall issue his order of election, giving at least sixty days' notice, and requiring the sheriffs of each county in the division, to appoint two competent persons as judges of such election in his county, and two clerks of said election; said clerks, before entering upon their duties, shall be sworn faithfully to record the names of each voter, and his grade of office, and carry out in lines and columns the number of the vote; (cl) and after the votes are all given, the said id) All elections are to be by ballot. See title ELECTIONS, chapter 62. As to who is entitled to vote in militia elections, see Constitution of Arkansas, title MILITIA, page 3 of this pamphlet. judges shall certify the poll-book, attested by the clerk, to the secretary of state. And it shall be the duty of the secretary of state, within twenty days after the election, to open said poll-books, in the presence of the governor, and to count the votes given for each individual, and the governor shall declare who is elected, and issue his commission to the person getting the greatest number of votes; and in case there should be a tie, the governor shall give the casting vote. lb. sec. 10.

SEC. 17. To-fill all vacancies in the offices of brigadier generals, it shall be the duty of the major general of the division in which such vacancy may be, to issue his order, giving at least thirty days' notice of the time of said election; and said election shall be governed, in all respects, as elections for major general, except that the judges of each election shall certify the poll-books to the major general, who issued the order of election, and within twenty days after the said election, the major general shall open the poll-books, and determine who is elected; and shall certify the same to the governor, who shall issue a commission thereon. And in all cases where there is a tie vote for brigadier general, the major general shall give the casting vote.

SEC. 18. To fill all vacancies in the office of colonel, the brigadier general of the brigade in which the vacancy may be, shall issue his order to the sheriff of the county where such vacancy may be, commanding him to advertise in each township in said regiment, giving at least ten days' notice, that an election will be held at the usual place of holding elections in each township in said regiment, for colonel commandant of said regiment—such elections to be conducted, in all respects, as general elections are. The clerk of the circuit court shall open the poll-books in the manner now prescribed by law in general elections, and ascertain who is elected, and shall certify the result to the brigadier general; and if there should be a tie vote, the brigadier general shall have the casting vote; and he shall, in all cases, certify to the governor who is elected, and the governor shall issue a commission thereon. Ib. sec. 11.

SEC 19. To fill all vacancies of commissioned officers in a regiment, below colonel commandant, it shall be the duty of the colonel to give at least ten days' notice of the time and place of holding such election. The judges shall certify the poll- books to the colonel commandant, who shall, within five days after said election, open said poll-books, and determine who is elected; and if there should be a tie vote, he shall give the casting vote, and shall certify to the governor who was elected, and the governor shall issue commissions thereon, lb. sec. 12.

SEC. 20. It shall be the duty of the colonels, at all times, to keep the different vacancies of all officers in their regiments filled. And in all cases of tie votes, the colonel shall have the casting vote, or to order a new election, at his option. He shall also give a certificate of election to all persons who may hereafter be elected to the office of lieutenant colonel, major, captain, first and second lieutenant, which certificate shall be sufficient authority for such officer to enter upon the duties of his office, by his taking the necessary oath, until he shall be commissioned by the governor, lb. sec. 9.

SEC. 21. All elections held under this act, which may hereafter be contested, shall be determined in the following manner, viz: If the election of major general shall be contested, the party contesting the same shall furnish the governor with a written statement, under oath, of his reasons, upon the receipt of which, he shall order a general court martial to beheld, at such place and time as he may designate, in the division to which such major general belongs; at which court each military officer of such division, not under the grade of a field officer, shall be entitled to a seat. And if the election of a brigadier general shall at any time be contested, the person contesting the same- shall make like complaint to the major general of the division to which such brigadier belongs, who, upon the receipt thereof, is required to order a brigade court martial, as in other cases. And when the election of a colonel of a regiment or commandant of a battalion shall be contested, complaint in like manner shall be made to the brigadier general, who, upon the receipt thereof, shall order a regimental court martial. And if the election of any officer under the rank of a colonel commandant shall be contested, the person contesting the same shall make application to the colonel of the regiment where such contest exists. And in order to explain and fix a principle to govern the several courts martial in their duty respecting contested elections, it is hereby declared that the party contesting shall, in all cases, be bound to furnish satisfactory proof to the court, that the person whose election is contested did receive a number of illegal votes, which, if deducted, would give a majority to the party contesting; and if the party contesting should fail to substantiate the charge, or if the charge shall be substantiated, in either case the court shall report in favor of the person who received the highest number of legal votes, as being duly elected; and the president of each court martial shall certify the name or names of the person or persons thus duly elected, which certificate, if the officer shall be of the grade of a field officer, shall be sent to the governor, and if a commissioned officer of a company, the certificate shall be signed as aforesaid, and sent to the colonel of the regiment, and by him to the governor, who shall issue a commission thereon; and if, on examination by any court martial of a contested election, it shall appear that said election was illegal, such court shall certify the same to the proper officer, who shall forthwith order a new election to take place, as is required by this act. All general or brigade court martials, ordered under the provisions of this act, shall consist of at least seven members, who shall be of the grade of field officers, and the highest officer in command, or senior officer present, shall preside in said court. Ib. sec. 14.

SEC. 22. All officers elected under the provisions of this act, shall take an oath, which shall be indorsed upon the back of their commissions or certificates of election, that they will support the constitution of the United States and of the State of Arkansas, demeaning themselves in office, and discharge the duties thereof to the best of their skill and ability, which shall be certified by the officer administering the same. Ib. sec. 46.

SEC. 23. If any person shall vote at any election held under the provisions of this act, not being a qualified voter, he shall, upon conviction thereof, before any justice of the peace within the regiment, forfeit and pay the sum of ten dollars, to be recovered on complaint being made to such justice, in writing, supported by the affidavit of any respectable citizen, one-half to be paid to the informant, and the other to the judge advocate of the regiment, to be disposed of as other fines, (e) lb. sec. 40.

SEC 24. All commissioned officers, elected under the provisions of this act, shall hold the same during good behavior, and shall not resign unless permitted so to do by their superior officer, in less than three years from the date of their commission; and non-commissioned and staff officers and musicians shall hold their offices during the pleasure of their superior officers; Provided, however, They shall not be compelled to serve for a longer period than twelve months, and if any non-commissioned or staff officer, appointed under the provisions of this act, shall refuse to serve, he shall be fined in the sum of ten dollars, to be imposed, collected and disposed of as other fines are directed by this act, who, on paymont of such fine, shall be exempt from performing the duties of such office for the term of two years, lb. sec. 41.

SEC. 25. If any commissioned officer of the militia of this State shall remove out of the bounds of his proper division, brigade, regiment, battalion, or company, or offer himself a candidate for any other military appointment, or shall absent himself therefrom more than twelve months at any one time, except upon the duties of his office, the same shall be declared vacant, which vacancy shall be immediately filed, according to the provisions of this act. Ib. sec. 45.

DRILLS AND REVIEWS.

SEC. 26. All militia officers elected or appointed under the provisions of this act, shall provide themselves with the proper uniform within six months after their election; which uniform shall be the same as is required to be used by officers of like grade in the United States army, except commandants of regiments, and their inferior officers, who are hereby authorized to agree upon such uniform as they may think proper. The provisions of this act shall not be so construed as to require any officer to wear his uniform when sitting on a court martial, lbsec. 36.

SEC 27. There shall be a regimental muster in each regiment once in every year, which musters shall be held as follows: in the regiment first in number in each brigade, on the first Saturday in October; in the second, on the Thursday following; in the third in number, on the second Saturday; and the fourth, the Thursday following; and so on throughout the brigade. Ib. sec. 17.

SEC. 28. There shall be a battalion muster in each battalion in this State, in the month of April, annually; the first battalion in each regiment, on the first Saturday, and the second battalion on the second Saturday. Ib. sec. 18.

SEC. 29. The captains of the several companies within this State shall have a company muster, at least once in every six months, at such time and place as the company think best for their convenience; Provided, however, That they shall always have one muster on the Saturday preceding the regimental and battalion musters, in their respective regiments and battalions. Act of Jan. 9, 1845, sec. 11.

SEC. 30. Every officer, non-commissioned officer, musician and private, shall appear at his respective muster ground, whether regimental, battalion or company, on the day appointed, by 10 o'clock in the forenoon, the officers in uniform, , armed and equipped, and the privates armed as directed by this act; (/) and it shall be the duty of commandants of regiments, battalions, and companies, to have noted all absentees, and to exercise their respective commands, at least three hours in each day; Provided, however, They may give such intervals as they may think proper, during the exercise; if the commanding officer fails to attend any parades which this act makes it his duty to attend, the officer present next in command shall act, and discharge all the duties required of his superior officer, during his absence or inability. Act oj Feb. 3, 1843, sec. 21.

SEC. 31. The commissioned and staff officers of each regiment shall meet at the place of holding regimental musters, in uniform, armed with a good rifle or smooth-bore, for the purpose of being trained and instructed in military tactics, by the adjutant of the regiment, on the two days next preceding the regimental muster in each year. The adjutant, at such drills, shall call the roll, note all absentees, and take notice of such officers as are not armed as required by this act; and in case of the absence of the adjutant, the officers present shall perform the duties required of him, by turns, as may be agreed upon by themselves, lb. sec. 22.

SEC. 32. The adjutant, for his services for attending the regimental drills, or on any court martial, and performing the duties required of him by this act, shall receive one dollar and fifty cents for each day he may be so engaged, out of any money in the hands of the judge advocate, not otherwise appropriated. lb. sec. 23.

SEC. 33. It shall be the duty of the brigadier generals of the several brigades within this State, with the staff officers, in full uniform, to review the several regiments within their respective commands, at least once in every two years; which review shall be at the regimental muster in October; and it shall be their duty to give the commandants of regiments at least thirty days' previous notice of said review, and at what muster the same will take place, lb. sec. 20.

COURTS MARTIAL.

SEC. 34. When any major general, brigadier general, or brigade major, shall be charged with mal-administration or neglect of duty in office, if a major general, it shall be lawful for any militia officer not under the grade of a field officer, to exhibit to the governor a fair statement of the charge or charges, and the facts intended to establish the same, who is hereby authorized to order a general court martial, to consist of at least nine members, none to be under the grade of a field officer, who, when convened, shall take the same oath prescribed for regimental courts martial. The said court, thus sworn, shall have power to inquire into the nature of the offence, and if it shall constitute a misdemeanor in office, he shall be cashiered; if neglect of duty, he shall forfeit and pay any sum not less than ten, nor more than one hundred dollars, to be collected as in similar cases of fines. If a brigadier general or brigade major shall be charged of either of the aforesaid offences, such charge shall be exhibited to the major general, whose duty it shall be to issue his order to the senior colonel commandant in the brigade in which the officer charged may reside, by virtue of which order said colonel shall hold a court martial, and proceed in the same manner as is directed for the trial of a major general; Provided, That in all cases of charges exhibited against officers, the officer ordering a court martial shall, as soon as practicable, furnish the person charged with a copy of the charges exhibited against him, at least ten days prior to the time appointed for trial, and cause such witnesses as may be required by either party, to be summoned by the adjutant of the regiment in which they reside; and every person, so summoned, and failing to attend, or refusing to answer any legal question, he shall be liable to be tried by the court martial, and, if he be an officer, he may be cashiered or fined at the discretion of the court, not exceeding fifty dollars, if a non-commissioned officer or private, he may be fined not exceeding twenty dollars, and kept under guard till he will give evidence, lb. sec. 26.

SEC. 35. There shall be a regimental court martial in each regiment in this £ttte annually, at the place of holding regimental musters, on the second Thursday in November, and succeeding days if necessary; such court shall consist of at least seven members; and the officer highest in grade, or the senior officer present, shall be president of such court, which court shall have power to examine all persons brought before them, and exempt such as may be adjudged incapable of performing military duty, during their inability, and to inquire into all neglects or omissions of duty of all officers, musicians and privates, belonging to the regiment, and assess fines, as follows, for said neglect or omission of duty, viz: upon any colonel, lieutenant colonel, major, not less than five, nor more than twenty dollars; upon any regimental staff officer or commissioned company officer, not less than three, nor more than ten dollars; upon any non-commissioned officer, musician or private, not less than fifty cents, nor more than three dollars. And if any officer, musician or private, or by-stander, shall be guilty of any contemptuous or disorderly conduct during the time of any parade or sitting of any court authorized by this act, he shall be fined at the discretion of the court, in any sum not less than three, nor more than ten dollars, lb. sec. 27.

SEC. 36. There shall be a battalion court martial in the first battalion of each regiment in this State, on the first Monday in June, and in the second battalion on the second Monday in June, annually, to consist of at least five members. The highest in grade, or the senior officer present, shall be the president; such court shall have power to hear and determine all appeals from any company court martial, and assess such fines for the neglect or omission of duty of any company officer musician, or private, as they may deem proper; if an officer, not exceeding ten dollars, if a private, not exceeding five dollars, reserving the right of any person to take an appeal to the regimental court martial, who may think himself aggrieved by the decision. Ib. sec. 28.

SEC. 37. The commissioned officers of each company shall have power to hold company courts martial, the highest officer in command, or senior officer present, shall preside and administer all necessary oaths; such courts shall be held at each company muster for the one preceding; the orderly sergeant shall act as secretary for the court, and keep a true and perfect record of all proceedings had by such courts martial; said courts shall have power to assess fines in the following cases, viz: without a reasonable excuse for the non-attendance of any non-commissioned officer, musician or private, at any company muster, armed as required by this act, in any sum not less than fifty cents, nor more than three dollars; for disorderly or contemptuous conduct of the court, or on parade, in any sum not less than one, nor more than five dollars; Provided, however, That any person who may think himself aggrieved by the sentence of said court, may appeal to the next regimental or battalion court martial, as the case may be. Ib. sec. 29.

SEC. 38. In all cases of appeal from any court martial, the party wishing the appeal shall apply to the presiding officer of such court, within ten days after the rising thereof, who, after hearing the complaint or reasons of the party for such appeal, shall, if he think them sufficient, cause a transcript of all the proceedings had in such case or cases, to be made out by the judge advocate, or secretary of the court, and laid before the court to which the appeal is taken, at the next term thereof, which court shall hear and determine such case or cases on their minutes, and confirm or reverse the decision of the court below, as they may think just and proper. And it shall be the duty of captains commanding companies, to notify, or cause the same to be done, such of their officers, musicians, or privates, as may have been fined by any company, battalion or regimental courts martial, within five days after the rising of such court. Ib. sec. 30.

SEC. 39. It shall be the duty of the orderly sergeant to make out a true copy or transcript of all fines assessed at each company court martial, and deliver the same to the judge advocate of the regiment, within ten days after the same are assessed, who shall proceed thereon in the same manner as if it had been imposed by a regimental or battalion court martial. Ib. sec. 31.

SEC 40. It shall be the duty of the judge advocate of the regiment to give bond, with good and sufficient security, payable to the colonel of the regiment and his successors in office, in the penal sum of five hundred dollars, to be approved of by the colonel, and conditioned to be void upon the faithful discharge of the duties of his office, and accounting for all moneys that may come into his hands as judge advocate. (g) Ib. tec. 38.

SEC. 41. In all cases of failure of any judge advocate to attend a court martial, such vacancy shall be filled, for the (s) the judge advocate of the regiment is appointed by the colonel. See section 12.

SEC. 42. Each judge advocate, previous to entering on the duties of his office, shall take an oath, faithfully and impartially to perform the duties of his office, according to law, to the best of his skill and ability; and the judge advocate, then sworn, shall administer the following oaths to the officers, previous to their entering on the duties of any court martial, viz: You and each of you do solemnly swear, that you will well and truly inquire into all delinquencies which may appear on the returns laid before you, and will assess such fine thereon as shall seem just, according to law, without favor, affection, partiality or prejudice, and that you will not disclose or discover the vote or opinion of any particular member of this court, unless required to give evidence thereof in a court of justice: so help you God. lb.

SEC. 43. It shall be the duty of the judge advocate to procure a well bound book, out of any money that may come to his hands, by virtue of his office, not otherwise appropriated, in which he shall keep a true record of all business done in the regimental and battalion courts martial in his regiment, and make all other entries and records that may be necessary; and in all cases where fines are assessed by any court martial, against any officer, musician, or private, by any regimental, battalion, or company court martial, and the same is not paid into his hands, or the decision appealed from, within twenty days from the rising of said court, he shall issue an execution, directed to the constable of the township where such person or persons may reside, and the constable shall proceed to collect the fine, without delay, in the same manner that he would on an execution issued from under the hand of a justice of the peace, and he shall be entitled to the same fees that he would for similar services in civil cases. All constables, to whom any execution may be directed, under the provisions of this act, shall make a true return, and pay over all money by him collected thereon, to the judge advocate, the neglect of which shall subject him to the same penalties, as in civil cases lb. sec. 24

SEC. 44. The judge advocate shall retain all money that may come to his hands by virtue of his office; which money shall be at all times subject only to the order of a regimental court martial, for the purpose of paying for colors, drums, fifes^ adjutant and judge advocate fees, books, stationery, and such other contingent expenses as may be necessary. And the judge advocate for his services shall receive one dollar per day for each day he may be engaged in attending on any court martial, and ten per cent, on all moneys by him received and disbursed, lb. sec. 25.

SEC. 45. All executions issued by the judge advocate, for the collection of fines imposed by any regimental or battalion court martial, shall be in the following form, to-wit: The State of Arkansas to the Constable of Township—

GREETING:

You are hereby commanded, that of the goods and chattels of you cause to be made the sum of dollars and cents, which sum the said was fined at and by a (regimental, battalion, or company court martial, as the case may be,) on the day of , in the year , which sum you are to pay over without delay, or make return as the law directs.

Given under my hand and seal, this day of __ in the year 18__ .

A. B., Judge Advocate of the Regiment Arkansas Militia. Ib. sec. 39.

SEC. 46. All parents shall be liable to pay the fines imposed upon their sons, guardians for their wards, and masters and mistresses for their apprentices, under the age of twenty-one years, and shall be respectively charged therewith by the court imposing the same. lb. sec. 42.

SEC. 47. In all cases where any person, who shall be fined under the provisions of this act, shall remove into any other company in this State, without having paid said fine or forfeiture, it shall be the duty of the judge advocate of the regiment from which said person may have removed, upon information thereof, to forward an execution to the constable of the township where the delinquent may have removed, and said constable, on the receipt thereof, ^hall forthwith proceed to collect the same, and make return as the law directs, to the judge advocate who issued the execution. Ib. sec. 43.

REPORTS.

SEC. 48. It shall be the duty of each captain or commanding officer of companies, to make out a true report of the strength and condition of his company, showing the number of officers, musicians, privates, drums, fifes, swords, guns, colors, etc., on or before the battalion muster in each year, and deliver the same to the adjutant of the regiment, and the adjutant shall, from the company returns, make out a return of the strength and condition of the regiment, a copy of which he shall deliver to the colonel of the regiment, who shall forward a copy thereof to the brigadier general, on or before the 15th of May, in each year, and retain the original for the use of the regiment. The brigadier generals shall make, or cause to be made out, from the regimental returns, a report of the strength and condition of their respective brigades, a copy of which they shall forward to the major general of the division to which they are attached, on or before the first of July in each year, and retain one for the use of their respective brigades. The major generals shall make, or cause to be made, from the brigade returns, a report of the strength and condition of their respective divisions, a copy of which they shall forward to the adjutant general of the State, on or before the first day of August in each year. The adjutant general shall make out, from the division returns, a report of the strength and condition of the militia of the State, and furnish the executive of the State with a copy thereof, and forward one to the secretary at war of the United States. (//) lb. sec. 32.

INVASION OR INSURRECTION.

SEC. 49. In case of any sudden invasion or insurrection, in any county in this State, the commanding officer of the militia (A) By act of Congress of 1908, provision is mide for arming the militki of the several states and territories. of said county shall have power, and he is hereby authorized, to order out all, or such part thereof as he may think necessary to repel such invasion or insurrection, and, if the exigency of the case may require it, he is hereby authorized to make a requisition on any adjoining county, not so invaded; and it shall be the duty of the commanding officer of such county to promptly obey such requisition; Provided, always, That it shall be the duty of such officer, so ordering out the militia, to transmit to the governor, as early as practicable, a statement of his proceedings, setting forth his reasons for exercising such authority; and no such invasion or insurrection shall be taken to be premeditated, unless it is so stated by one or more creditable and respectable persons, upon oath; and in all cases, where any part of the militia is called into service, by virtue of such authority, the commanding officer shall, in transmitting his reasons to the governor, enclose a copy of the depositions so taken; and the militia, so ordered out, shall be discharged within thirty days from and after their rendezvous, except they shall be continued in service for a longer term by the executive authority of the State; and the militia of this State, when in actual service, shall be governed by the rules and articles governing the army of the United States. Ib. sec. 44.

SEC. 50. At any time when the militia of the State shall be called out to suppress insurrections, when the same shall not be organized, the sheriff of the county, when such militia is called out, shall order an election of officers of such regiments, battalions or companies, immediately upon the assembling of said regiments, battallions or companies.

SEC. 51. Said sheriff shall appoint two competent persons ae judges of such election, and two clerks of said election, who shall be qualified as the law directs, and who shall conduct the election as now provided for by law. The returns of said election shall be made to the sheriff ordering the same, who shall transmit to the governor certificates of such election, and he shall also furnish each officer, so elected, with a certificate of his election, who shall be authorized to proceed and act under said certificate as a commissioned officer, until his commission shall be transmitted to him from the governor.

SEC. 52. All officers elected under the provisions of the foregoing sections, after they shall have received the certificate of election from the sheriff authorized to grant the same, shall be obeyed and respected as though they were commissioned by the governor. Act of Jan. 6, 1853.

GENERAL PROVISIONS.

SEC. 53. Any person called upon to perform a tour of duty in the militia service of this State, shall be excused from so doing, provided he furnish an able-bodied substitute in his stead, who is not liable himself to perform duty therein. No substitute shall be received unless he be armed and equipped as in this act provided. Act of Feb. 3, 1843, sec. 48.

SEC. 54. All persons subject to militia duty shall be privileged from arrest during the time they are engaged in going to, remaining at, or returning from, any muster, court martial, or election ordered under the provisions of this act, except in criminal cases or breaches of the peace. They shall also have the privilege of passing over toll-bridge, turnpike road, or ferry, going to, or returning from, any muster, court martial, or election, required by this act, free from charge; and any keeper or owner of a toll-bridge, turnpike, or any ferryman on a public road, failing to ferry over, or refusing to let any such person pass, shall be fined in any sum not less than three, nor more than ten dollars, to be imposed by a regimental or battalion court martial, and collected as other fines are by this act; one half of such fine to go to the use of the regiment, or battalion, as the case may be, and the other to the person informing against such offender. Ib. sec. 37.

SEC. 55. In all things not provided for in this act, such provisions of law as have been or may be made by Congress, for the government of the army or militia of the United States in similar cases, shall be conformed to and observed by the officers and militia of the State; and all officers heretofore elected, shall remain in office, exercise the same authority, and be entitled to the same rank and emoluments, as they would have been entitled to if this act had not been passed, except in cases where the offices are abolished by the provisions of this act. lb. sec. 49.

SEC. 56. In all cases where the militia, in any of the military divisions of this State, shall fail to elect such officers as they are required by law, such division shall be attached to, and form a part of, the militia of some other division which shall have the requisite officers, and shall be subject to perform all military duty by this act required, under the command of the officers of the division to which they may be attached. If the delinquency or failure shall occur in a company division, the militia of such division shall be attached to the next adjoining company in the same battalion, if any company of the battalion to which such division belongs shall have the requisite officers, by an order of the lieutenant colonel or major of such battalion; and if there shall be found no company in the battalion organized and officered as required by this act, the militia of each company of such battalion shall be attached to the most convenient company of the regiment which shall be found to have the requisite officers, by an order of the colonel of such regiment; and if any regiment or separate battalion shall be found unorganized, and without the requisite officers, the militia of such regiment or separate battalion shall be attached to the most convenient regiment or separate battalion in the brigade which shall be found to have the officers and organization required by law, by an order of the brigadier general of the brigade to which such regiment or battalion may belong; if any brigade shall be found unorganized, and without the requisite officers to command the same, the militia of such brigade shall be attached to the most convenient brigade in the division to which such brigade shall belong, which shall be found to have the officers required by law, by an order of the major general of such division; and in all cases when the militia of any division shall be attached to any other division, as hereinbefore provided for, the militia so attached shall be commanded by the officers of the division to which they shall be attached, and shall be liable to the same duty, and subject to the same fines and penalties, as if they had previously belonged to such division; and the militia of any division attached to another division, as aforesaid, shall remain subject to such command until they shall be admitted, by an order of their superior officer to whose command they may be attached, to elect the requisite officers to command such division, and shall have reported to him that they have all the requisite officers for the command of their separate division duly elected and commissioned; after which the command of the officers of the division to which they shall have been attached shall cease, and shall devolve on the officers of the division elected and commissioned as aforesaid; and if any division shall be found a second time unorganized, and without officers, as required by this act, they shall, in like manner, be again attached to some division having the requisite officers and organization, and shall be debarred the privilege of again separating from the division and command to which they shall be attached, and shall permanently compose a part of said command, anything in this act, or the law of the land, to the contrary notwithstanding; and the officer whose duty it is made by this act to order the militia of any of the divisions to be attached to Eome other division, as provided for by this act, shall, at the time of issuing any such order, give public notice thereof to the militia of the division to be attached as aforesaid; if it be a company, the notice shall be in writing, put up in at least two of the most public places in the company; if a battalion, the like notice shall be put up in at least one of the most public places in each company of the battalion; if a brigade, regiment, or separate battalion, the like notice shall be put up in at least one of the most public places of the brigade, regiment, or separate battalion, or be published, for three weeks successively, in one or more of the newspapers published in this State; and any notice, given as aforesaid, shall be deemed in law sufficient; and the militia, so notified, shall, from the time of issuing such order and giving such notice, be considered and treated as a part of the division to which they may be attached, and compose a part of the command of the officers of the division to which they are attached, anything in this act to the contrary notwithstanding; and any general order issued by the commander-in-chief, any major general, or brigadier general, and published in any newspaper printed in this State, for three weeks successively, shall be deemed in law a sufficient notice thereof to the militia, and all persons to be affected thereby, and shall be, to all intents and purposes, as valid as if the same was communicated by express, or in other manner whatsoever. Rev. Slat., chap. 97, sec. 18. Act of Oct. 29, 1836, sec. 10.

VOLUNTEERS.

SEC. 57. There may be organized in each county in this State four volunteer companies; one of infantry, one of light infantry or riflemen, one of cavalry, and one of artillery, who shall elect their officers at the first election, at a time and place to be ordered by the colonel of the regiment, upon whose certificate of election commissions shall issue; and at all subsequent elections, at a time and place fixed by the company, and commissions to the officers elected, at such subsequent elections, shall issue on the certificate of the commanding officer of the company.

SEC. 58. The officers of every volunteer company in the State, shall hereafter be a captain, one first, one second, and one third lieutenant.

SEC. 59. Every volunteer corps now organized, or which may hereafter be raised in this State, shall hereafter be wholly independent of the militia of the county, except at battalion and regimental parades, when such company shall parade as a part of the county regiment, and, in regard to such parades, all existing laws shall fully apply to such volunteer companies.

SEC. 60. It shall be lawful for the volunteer companies in each brigadier general's command in this State to organize themselves into battalions and regiments, the officers whereof shall be elected by the commissioned officer of the companies, at a time and places to be directed by the brigadier general, on application by the captains of a sufficient number of such companies to form a volunteer regiment; such election shall be held by each captain for his own company, who shall report the vote of his company to the brigadier general, and the latter shall certify the election to the governor. •NOTE.—See Constitution under title "Militia" in sec. 12, provides that "field officers shall be elected by the officers and privates of their respective regiments."

SEC. 61. Each volunteer company shall parade and drill as often and on such days as shall be fixed by its by-laws, not being less than once every month; and may establish by bylaws such fines for non-attendance at drill, disobedience, un-soldier-like conduct, and the like, as it may think proper.

SEC. 62. Each of such companies may hold a court martial of its commissioned officers, or a majority of them, as often and at such times and places as by its by-laws may be established, and such court, or any member of it, shall have power to administer oaths in regard to all matters which may properly come before it; and may fine for contempt in a sum not more than ten dollars.

SEC. 63. In making up the records of any volunteer company, battalion or regimental court martial, it shall not be necessary to state more than that the person fined was absent at a certain named parade or drill, and offers no excuse, or no sufficient excuse for his absence, and is, therefore, fined the amount mentioned, which shall be, as to form, to all intents and purposes, a valid judgment; and it shall in all cases be presumed that the person so fined, was regularly a member of the company; that the parade or drill at which he was absent, was regularly ordered or fixed by the by-laws; that it was proven to said court, that he was duly notified to attend such parade or drill, and also that he received due notice to appear before said court and answer, and that the fine assessed is the proper amount fixed by the by-laws, with all other presumption in favor of the judgment of such courts as would apply in case of a court of superior jurisdiction.

SEC. 64. The captain of each volunteer company shall have power by written appointment to constitute one member of the company its collector, and may issue to such collector, whenever a fine has been assessed by the court martial, his warrant, in the name of the State, reciting the imposition of such fine, and commanding the collector to proceed by levy and make the same, and return the warrant within ten days from its date, and each such collector shall have in all respects the same power as to levy and sale under said warrant, as a constable has, by law, under executions from a justice of the peace; and may sell any property levied, after ten days' notice, put up in one public place in the county, at which public place the sale shall be made. No delivery bond shall be allowed to be given on any such warrant, and levy may be made on any of the personal property of the defendant, except slaves.

SEC. 65. All fines assessed by the courts martial of companies shall, when collected, be paid into the company treasury, and appropriated as the company shall direct.

SEC. 66. Every person who shall hereafter serve during the space of five years from the passage of this act, or his future enlistment as a regular member of any volunteer company of this State, shall thereafter be exempt from militia service in time of peace; and the certificate of the captain of such company shall be sufficient evidence for all persons that he has so served in such company. Act of Jan. 9, 1845.