User:Aleutian06/Militia Organization of 1837
Militia law of the new State
[edit]At the time that the Arkansas Territory was created, it adopted all of the existing laws of it's parent Territory of Missouri, including it's Militia Law.[1] The Arkansas Territorial Legislature amended the existing militia law an several occasions, but did not pass a new law of it's own until after statehood. On October 23, 1836, the Arkansas Legislature passed a new Militia Law which converted the Arkansas Territorial Militia into the Arkansas State Militia.[2]
Two Classes of Militia
[edit]The new law consisted of 56 sections and began by defining who was and who was not liable for militia duty. All "able-bodied free white male inhabitant of this State, between the ages of eighteen and forty-five years". [3] were required to preformed militia duty, subject to the following exemptions: "Judges of the supreme and circuit courts, secretary of state, auditor and treasurer of the State, clerks of the supreme and circuit courts, postmasters who have the care of the mails of the United States, postriders, ferrymen on all public roads, and ministers of the gospel".[4] However, in addition to the compulsory service for all able bodies free white males, the law also authorized the rising of Volunteer Militia Companies for up to five years at a time. Each regiment was authorized to raise up to three of these Volunteer Companies, one company each of Riflemen, Artillery and Cavalry. The election of the officers of the Volunteer Companies was to be certified by the regimental commander. The Voluntary Companies were to remain under the authority of the regiment from which they were formed and were subject to the same rules and regulations as all other militiamen except that the Voluntary Companies were authorized to select their own uniforms.[5]
Administration of the Militia
[edit]The law allowed the governor to appoint an Adjutant General and a quartermaster general.[6] The militia was to be divided in to two divisions, commanded by Major Generals, and each division was divided into three brigades, each commanded by a Brigadier General. This division was the same as the 1830 amendment passed by the territorial legislature, but now the general officer's would be elected by the field grade officer's of the militias.[7] The new law set the time and place for the first election of general officers to occur in 1837. Each officer was required to wear a sword and all officer's above the company grade were required to wear the uniform of their equivalent in the United States Army.[8] The terms of officer for officers were set at three years and provisions were made to allow election results to be contested.[9] Militiamen were required to attend two Company Musters, One Battalion Muster and one Regimental Muster each year.[10] Regiments were authorized and directed to conduct annual Courts Martial and provisions were made for the collections of fines levied by the Court Martial and payment of the members of the court.[11] Parents and Guardians were made liable for payment of fines on behalf of their children under the age of 21 who failed to appear at a designated muster. Money raised by payment or collection of fines was to be utilized to purchase drums, fifes and Colors.[12] Commissioned officers were required to report to the local parade ground, with a rifle or musket, two days before the annual regimental muster for the purpose of receiving additional training to prepare them to drill their soldiers.[13] The militia was to be trained in accordance with the regulations of the regular army of the United States.[14] First Sergeants were required to call roll not later than 10 o'clock on each day appointed for a muster to determine the number present.[15] The law limited the amount of time that a militiaman could be call to duty to six months per tour.[16] Any officer was authorized to call out the militia in the event of sudden invasion or insurrection.[17] The law provided that copies of the law were to be printed and delivered to each officer, who was to hand his copy of the law to his successor upon leaving office.[18]
Organization of the Militia
[edit]The 1836 Militia Act organized the state militia into two division, each divided into three brigades. The regimental numbers are not listed in the militia act but are taken from the Records of the Arkansas Military Department, List of Commissioned Officers of the Militia 1827–1862, but were probably added later, possibly as late as 1862, since the number do not necessarily conform to the order in which counties were formed.[19]
| Division | Brigade | Regiment | Colonel | County |
|---|---|---|---|---|
|
1st Division |
1st Brigade |
47th Regiment |
|
Hot Spring |
|
28th Regiment |
|
Clark | ||
|
38th Regiment |
|
Pike | ||
|
8th Regiment |
|
Hempstead | ||
|
40th Regiment |
|
Lafayette | ||
|
37th Regiment |
|
Sevier | ||
|
Regiment |
|
Miller | ||
|
2nd Brigade |
18th Regiment |
|
Saline | |
|
13th Regiment |
|
Pulaski | ||
|
21st Regiment |
|
White | ||
|
4th Regiment |
|
Conway | ||
|
15th Regiment |
|
Pope | ||
|
10th Regiment |
|
Johnson | ||
|
3rd Brigade |
17th Regiment |
|
Scott | |
|
5th Regiment |
|
Crawford | ||
|
7th Regiment |
|
Franklin | ||
|
20th Regiment |
|
Washington | ||
|
2nd Regiment, |
|
Benton | ||
|
11th Regiment |
|
Madison | ||
|
3rd Regiment |
|
Carroll | ||
|
31st Regiment |
|
Marion | ||
|
2nd Division |
4th Brigade |
42nd Regiment |
|
Izard |
|
22nd Regiment |
|
Van Buren | ||
|
9th Regiment |
|
Independence | ||
|
34th Regiment |
|
Jackson | ||
|
25th Regiment |
|
Lawrence | ||
|
16th Regiment |
|
Randolph | ||
|
5th Brigade |
33rd Regiment |
|
Greene | |
|
19th Regiment |
|
St. Francis | ||
|
14th Regiment |
|
Poinsett | ||
|
12th Regiment |
|
Phillips | ||
|
30th Regiment |
|
Crittenden | ||
|
48th Regiment |
|
Mississippi | ||
|
6th Brigade |
24th Regiment |
|
Jefferson | |
|
35th Regiment |
|
Monroe | ||
|
1st Regiment |
|
Arknasas | ||
|
23rd Regiment |
|
Chicot | ||
|
29th Regiment |
|
Union |
Sec. 1. Every able-bodied free white male inhabitant of this State, between the ages of eighteen and fortyfive years, shall be liable to perform military duty, except as hereinafter provided; but no person shall be called upon to perform military duty, who shall not at the time have resided at least two months in this State, and ten days within the bounds of the company to which he belongs, except in cases of actual or threatened insurrection or invasion; in which cases he shall perform such duty as may be required of other persons, and shall be subject to the like fines and penalties.
Sec. 2. Judges of the supreme and circuit courts, secretary of state, auditor and treasurer of the State, clerks of the supreme and circuit courts, postmasters who have the care of the mails of the United States, postriders, ferrymen on all public roads, and ministers of the gospel, shall be exempt from military duty, except in cases of imminent danger, insurrection, or invasion.
Sec 3. The militia of this State shall be divided and designated as follows, viz: The militia of the counties of Hot Spring, Clark, Pike, Hempstead, Lafayette, Sevier, and Miller, shall constitute the first brigade; the militia of the counties of Saline, Pulaski, White, Conway, Pope, and Johnson, shall constitute the second brigade ; the militia of the counties of Scott, Crawford, Franklin, Benton, Washington, Madison, Carroll, and Marion, shall constitute the third brigade, which brigades shall compose the first division; the militia of the counties of Izard, Van Buren, Independence, Jackson, Lawrence, and Randolph, shall constitute the fourth brigade; the militia of the counties of Greene, St. Francis, Poinsett, Phillips, Crittenden, and Mississippi, shall constitute the fifth brigade; the militia of the counties of Jefferson, Monroe, Arkansas, Chicot, and Union, shall constitute the sixth brigade, which brigades shall compose the second division.
Sec. 4. The militia of each county, when the number of persons therein subject to military duty shall be sufficient to constitute two battalions, (as hereinafter provided,) 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 ; and when the number in any county shall exceed the whole number hereinafter required to constitute a full regiment, exclusive of any independent companies which may be raised in such county, the same may be divided into two regiments, by the brigadier general commanding the brigade to which such county may belong, in such manner as he shall direct. Each battalion shall consist of not more than four, nor less than two companies; and each company shall be composed of not more than one hundred, nor less than thirtytwo non-commissioned officers, musicians, and privates ; and the regiments and battalions shall be numbered by the commander in chief, and arranged in numerical order.
Sec. 5. All commissioned officers shall rank according to their grades and the date of their commissions; but when officers of the same grade are elected or appointed on the same day, a difference in the date of their commissions shall not determine their rank. The rank of all the field or general officers of this State, being of the same grade, and who were elected on the same day, under the provisions of an act for the government and organization of the militia of this State, approved the twentyninth day of October, A. D. 1836, shall be determined by lot, to be drawn by the adjutant general, in the presence of the governor and secretary ; which duty he is required to perform as soon as practicable: and immediately thereafter to transmit to each officer so drawn the result of each drawing; and it shall be the duty of the adjutant general to make an entry, in a book to be kept by him for that purpose, of the grade and rank of each officer whose rank is determined as specified in this act.
Sec. 6. It shall be the duty of the adjutant general to determine, by lot, as specified in the preceding section, the rank of all field or general officers, of the same grade, who may hereafter be elected on the same day, and record the same, and perform all other duties relating thereto, as required in the fifth section of this act.
Sec. 7. The rank of all captains and subaltern officers heretofore elected, or who may hereafter be elected, on the same day, 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 whose rank is so determined.
Sec 8. Each division of the militia shall be commanded by a major general; each brigade, by a brigadier general; each regiment, by a colonel commandant; each separate battalion, and the first battalion in each regiment, by a lieutenant colonel ; the second battalion in each regiment, by one major; each company, by one captain, one first and one second lieutenant, and such non-commissioned officers as are usually appointed to companies in the military service of the United States. The major generals shall each appoint his aid-de-camp; the brigadier generals, each his aid-de-camp and brigade major; the com manding officer of each regiment and separate battalion, his paymaster, judge advocate, adjutant, quartermaster, sergeant major, and fife major; and the captains, their drummers and fifers.
Sec. 9. The major generals of this State shall, in addition to their staff officers now required by law, appoint, for their respective divisions, one assistant quartermaster general, and one surgeon for the division, with such other staff as a major general is entitled to in the army of the United States ; and each brigadier general shall, in addition to his staff now required by law, appoint one brigade quartermaster, and one brigade surgeon, and such other staff as is required by a brigadier general in the United States army.
Sec 10. The staff of the major general shall rank as lieutenant colonels of cavalry; the staff of the brigadier general shall rank as majors of cavalry; and the staff of colonels commandant shall rank as captains of infantry ; and the 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.
Sec 11. The commandants of regiments and separate battalions shall, in addition to the staff now allowed by law, each appoint a regimental or separate battalion surgeon, and a drum major.
Sec 12. The militia of this State shall, on the first Monday in December next, (1836) at the usual places of holding elections, in the several counties, elect a colonel commandant of the regiment, in each county having a sufficient number to form a regiment; and a lieutenant colonel commandant of the separate battalion, in each county not having a sufficient number to form a regiment; which election shall be held by the same judges, be conducted in like manner, and the returns thereof be made in the same way, as the elections of civil officers are required by law to be held, conducted, and returned; and said returns shall be made to the governor, within thirty days after the election ; and it shall be the duty of each colonel commandant of a regiment to proceed, without delay, after he shall be commissioned by the governor, to divide his regiment into two battalions, one of which shall be called the first, and the other the second battalion; and such division shall be made as nearly equal and equitable as may be practicable; and he shall, in like manner, divide the same into companies; and, having divided his regiment into battalions and companies as aforesaid, he shall order an election to be held in each division, for the election bf a lieutenant colonel for the first battalion, and a major for the second battalion, and one captain and a first and second lieutenant for each company; and he shall give at least ten days' public notice, in writing, of such election, in each company division within his regiment, designating therein what officers are to be voted for ; and the lieutenant colonel commandant of each separate battalion shall, in like manner, divide his battalion into companies, and order an election for company officers to be held as aforesaid, and give the like notice thereof; and all such elections shall be held at the usual places of holding elections for civil officers in each division, by the same judges, and conducted in the same manner, as elections for civil officers, and the returns thereof shall be made to the colonel of the regiment, or lieutenant colonel of the separate battalion, as the case may be, within ten days thereafter; and it shall be the duty of each colonel of a regiment, and lieutenant colonel of a separate battalion, to preserve and keep said election returns, and within five days thereafter to make out an abstract of such election returns, under his hand and seal, and transmit the same, by mail, to the governor, whose duty it shall be to commission all persons elected as aforesaid.
Sec. 13. There shall be an election held at the court house, in each and every county in this State, on the first Saturday in April next, (1837,) for the election of one brigadier general for each brigade; at which time and place all the field officers and commissioned company officers of the regiment or separate battalion in each county shall attend; and the two officers of each regiment or separate battalion then present, highest in command, shall be judges of such election, and appoint two clerks; and each clerk, under the direction and superintendence of the judges, shall keep a separate poll book, in which the name and grade of each person voting shall be entered, and the name of each person voted for shall be distinctly shown, so that it shall plainly appear for whom each person voted. The votes shall be counted by the clerks, in the presence of the judges; and the number given to each person shall be distinctly stated at the bottom in writing, at length, subscribed by the judges, and countersigned by the clerks; one of which said poll books shall be delivered to, and kept by, the colonel of the regiment or lieutenant colonel of the separate battalion; and the other shall, immediately after the election, be transmitted by the judges, or one of them, by mail, to the governor; and it shall be the duty of the governor, in the presence of the secretary of state, to open the returns of said election, and count the votes ; and if two or more persons shall have an equal number of votes, the governor shall give the casting vote, and commission the person elected in each brigade; and if he shall not have received full returns from each brigade, within ten days after the time in which the returns should have been made, he shall proceed to act in like manner upon such returns as shall be received, and commission such persons in each brigade from which full returns shall not have been received, as shall appear, from the returns received, to have been elected.
Sec. 14. The elections for major generals shall be as follows :— The election for major general for the first division shall be held on the first Monday in June, A. D. 1837, by the field officers of the first brigade, at the town of Washington ; by the field officers of the second brigade, at the city of Little Rock; and by the field officers of the third brigade, at the town of Fayetteville; the brigadier general, or senior officer present at such election, shall immediately transmit the votes so taken, to the governor, by mail, who, in the presence of the secretary of state, shall proceed to count the same, and commission the person elected ; and if two or more persons shall have received an equal number of votes, the governor shall decide who shall be the major general. The election for major general of the second division shall be held on the first Monday in June, A. D. 1837, by the field officers of the fourth brigade, at the town of Batesville; by the field officers of the fifth brigade, at the St. Francis court house ; and by the field officers of the sixth brigade, at the Post of Arkansas ; and the brigadier general, or senior officer present at such election, shall immediately transmit the votes so taken, to the governor, by mail, who, in the presence of the secretary of state, shall proceed to count the same, and commission the person elected; and if two or more persons shall have an equal number of votes, the governor shall decide who shall be the major general.
Sec 15. Elections to fill vacancies shall be held as follows: For the election to fill a vacancy in the office of major general, the governor shall issue his order, giving sixty days' notice. All elections for major general shall be held at the usual places of holding regimental and separate battalion musters, in each and every county; and such elections shall be held and conducted in the same manner as elections for brigadier general are required to be held and conducted by the thirteenth section of this act. To fill a vacancy in the office of brigadier general, the major general shall issue his order, giving forty days' notice. To fill a vacancy in the office of colonel of a regiment, or lieutenant colonel commanding a separate battalion, the brigadier general shall issue his order, giving thirty days' notice, directed to the sheriff (or, if there be no sheriff, then to the coroner) of the county where such officer is to be elected, whose duty it shall be to give notice thereof, and hold the election as in cases of general elections. To fill a vacancy in the office of lieutenant colonel or major of a battalion, the colonel of the regiment shall issue his order, giving fifteen days' notice. To fill a vacancy in the office of captain, the lieutenant colonel or major of the battalion shall issue his order, giving ten days' notice; and to fill a vacancy in the office of first or second lieutenant, the captain shall issue his order, giving five days' notice. The election for brigadier general shall be held at the court house in each county in the brigade, at the time appointed in the order of the major general, by the field officers and commissioned company officers in the brigade, who shall vote for a brigadier general; and the senior officer present shall transmit the votes so taken to the major general of his division, who shall count the same, and send to the governor a certificate of the person elected; and the governor shall commission him accordingly; and if two or more persons shall have an equal number of votes and a higher number than any other candidate, the major general shall decide who is to be the brigadier general. The election for colonel of a regiment, or lieutenant colonel of a separate battalion, shall be held at the time and places prescribed in the order of the brigadier general, by the officers and privates, in their respective regiments or separate battalions, who shall vote for a colonel of the* regiment, or lieutenant colonel of the separate battalion; and the senior officer present at each place of voting shall be judge of such election, and shall appoint a clerk, who shall keep a poll book of such election, and state therein the name of each person who votes, and designate plainly the person for whom each vote received is given; and the judge shall count the votes, and certify the result at the foot of the poll books, and send the same to the brigadier general, who shall send to the governor a certificate of the person elected, and the governor shall commission him accordingly; and if two or more persons shall have an equal number of votes and a higher number than any other candidate, the brigadier general shall decide who shall be the officer. The election for lieutenant colonel or major of a battalion, shall be held at the time and places prescribed in the order of the colonel, by the officers and privates in their respective battalion, who shall vote for lieutenant colonel or major of the battalion, and the election shall in all things be conducted in the same manner as the election for colonel of the regiment is directed by this act to be conducted; and the return thereof shall be sent to the colonel, who shall send to the governor a certificate of the person elected; and if two or more persons shall have an equal number of votes and a higher number than any other candidate, the colonel shall decide who shall be the officer. The election for captain, or first or second lieutenant, shall be held at the time and place prescribed in the order of the lieutenant colonel or major of battalion, in the case of the election of captain, or of the captain in the election of lieutenant, by the officers and privates of the company, and shall in all things be conducted as the election for lieutenant colonel or major of the battalion is by this act required to be conducted, except that the returns of the electionf or captain shall be made to the lieutenant colonel or major of the battalion to which such company belongs ; and the returns of the election for lieutenant shall be made to the captain; and if two or more persons shall have an equal number of votes for captain and a higher number than any other candidate, the major or lieutenant colonel of the battalion shall decide who shall be the captain, and send to the governor a certificate of the person elected ; and if two or more persons shall have an equal number of votes for the office of first or second lieutenant and a higher number than any other candidate, the captain shall decide who shall be the officer, and shall send to the governor a certificate of the person elected. In all elections for any colonel, lieutenant colonel, major, captain, or lieutenant, if there shall be no officer present to conduct the same, a majority of the militia-men present shall appoint some person who shall act in lieu of such officer, and in like manner conduct the election, and make return thereof.
Sec 16. The commissioned officers of companies shall each wear a sword, and such other uniform, when on parade, as a majority of such officers shall agree upon, when called together for that purpose ; and all other officers of the militia of this State shall provide themselves with and use the same uniform that is or shall be used by the officers of the same grade in the army of the United States, which shall be used and worn by them at all drills, trainings, and musters. Each non-commissioned officer and private shall provide himself with a musket, cartridge box, and nine charges of powder and ball, made into cartridges, or a rifle, powder horn, and shot pouch, with an equal quantity of ammunition, suitable thereto, in good condition, one spare flint, one pricker and wiper, which arms shall be carried and used by every non-commissioned officer and private, at every muster required by this act: Provided, that any non-commissioned officer or pri
vate. who shall satisfy the court martial of his company that he has no such arms, and that he is unable to procure the same without producing distress to himself, shall be exempt from the payment of any fine for such delinquency.
Sec. 17. No person who shall be elected and commissioned in the military department of this State, shall resign the same within three years after the date of his commission, unless he shall offer for a higher command, be removed by a court martial for misdemeanor in office, or be admitted to do so by his superior officer. If a major general, his resignation shall be approved of by the governor; if a brigadier general, by the major general; if a colonel of a regiment, or lieutenant colonel of a separate battalion, by the brigadier general; if a lieutenant colonel or major of a battalion, by the colonel of the regiment; if a captain or lieutenant, by a majority of the field officers of the regiment, or the commandant of the separate battalion, under the following penalties, viz: If a major general, in a sum not exceeding one hundred dollars; if a brigadier general, in a sum not exceeding seventyfive dollars ; if a colonel of a regiment, or lieutenant colonel of a separate battalion, in a sum not exceeding fifty dollars; if a lieutenant colonel or major of a battalion, in a sum not exceeding forty dollars; if a captain, in a sum not exceeding thirty dollars ; and if a first or second lieutenant, in a sum not exceeding twenty dollars ; to be recovered and appropriated as other fines and penalties are by this act directed.
Sec 18. 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 herein before 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 some 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.
Sec 19. All elect ns in the militia department which may hereafter be contested, shall be determined in the following manner, viz: If the election of a major general shall be contested, the party contesting such election, shall furnish the governor with a fair statement of his reasons in writing, upon the receipt of which he shall order a general court martial to be held at such place as he may designate in the division to which such major general belongs, at which court each militia 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 complainant shall make the like complaint and application to the major general of the division to which such brigade belongs, who is, upon the receipt thereof, required to order a brigade court martial, as in other cases; and when the election of a colonel of a regiment, or lieutenant colonel of a separate battalion, or lieutenant colonel or major of a battalion shall be contested, complaint and application shall, in like manner, be made to the next highest officer in command, who, upon receipt thereof, shall order a regimental court martial accordingly. If under the rank of a field officer, all complaints and applications shall be made to the comma ding officer of the regiment or separate battalion where the contest exists ; and, in order to explain and fix a principle to govern the several courts martial in their duties respecting contested elections, it is hereby declared that the person 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 person contesting ; and if the contesting person shall fail to establish his charge, or if the charge shall be sufficiently supported, in either case the court shall report in favor of the person having the greatest number of legal votes as being duly elected; and the president of each court martial shall certify, under his hand, the name or names of the person or persons thus duly elected; which certificate, if the officer shall be of the grade of general or field officer, shall be directed and sent to the governor; if commissioned officers of companies, the certificate shall be signed as aforesaid, and be directed and sent to the colonel of the regiment or lieutenant colonel of the separate battalion, and by him to the governor, who shall issue commissions in either of the above mentioned cases; and, in order to provide more amply for deciding contested elections, it is hereby declared that where the cause shall at any time arise from any illegal proceedings of any person ordering, conducting, or judging any election, on proof thereof being made to the satisfaction of the court martial, such election shall be declared void, and the president, by and with the authority of such court martial, shall direct the proper officer to issue an order or orders for an election to fill such vacancy, which election so ordered shall in all things be conducted in the same way as other elections to fill vacancies in like offices are by this act directed.
Sec. 20. Each and every officer elected and commissioned as aforesaid, shall, previous to entering on the execution of the duties of
his office, take the following oath: "I, , do solemnly
swear, that I will support the constitution of the United States and of this State, and that I will faithfully and justly execute the duties of the
office of in the (company, battalion, regiment, brigade, or
division, as the case may be) of the militia of this State, according to the best of my skill, power, and judgment, so help me God :" a copy of which shall be endorsed on the back of the commission, signed by the person taking the same, and attested by the officer who administers the oath.
Sec. 21. If any commissioned officer shall remove out of the bounds of his proper division, brigade, regiment, separate battalion, or company, or offer himself a candidate for any other military appointment, or shall be absent therefrom otherwise than on military duty, for more than twelve months at one time, his office shall thereby become vacated; and if any commissioned officer shall think himself injured by his superior officer, and shall, upon due application made to him, be refused redress, he may complain to the brigadier general, who shall order a brigade court martial, to be held under the rules and restrictions prescribed by this act; if any inferior officer or private shall think himself injured by his captain, or any other superior officer in the regiment or separate battalion to which he belongs, he may complain to the commanding officer of the regiment or separate battalion, who shall order a court martial; and such court shall determine the complaint agreeably to the nature of the case: Provided, that the person complaining shall exhibit his charge in writing, supported by oath or affirmation.
Sec. 22. Every captain or commanding officer of a company, shall hold a company muster twice in each year, on the first Saturdays in April and October, and shall require the non-commissioned officers of his company, or such of them as he shall designate, to warn his men of the place of muster, in all cases where notice thereof was not given at the previous muster; and every commanding officer of a regiment or separate battalion, shall hold a regimental or battalion muster once in each year, on the third Saturday in October, and the commanding officer of each regiment and separate battalion shall give notice of the place of holding his regimental or battalion muster, to the commanding officer of each company belonging to his command, previous to the company muster in October; and the commanding officer of each company shall notify his command of the same, at the company muster in October, annually.
Sec 23. Each battalion shall hold one muster annually; the first battalion in each regiment shall hold a muster on the second Saturday in April, and the second battalion shall hold a muster on the third Saturday in April; and the officers of each battalion shall have the privilege of choosing their muster ground.
Sec 24. Each regiment shall have a court martial at their respective regimental muster grounds, on the second Friday of November, annually, and the succeeding day, if found necessary, to consist of at least five members, the oldest of whom shall be president, and be of the grade of field officer; and if there be no field officer present, the senior officer present shall preside. The court shall be sworn to do their duty, by the judge advocate of the regiment; and when convened, shall have power to inquire into the age and abilities of all persons brought before them, and exempt such as may be judged incapable of duty; to inquire into all neglects or omissions of duty, as well by officers as by privates, to hear and determine all appeals which may be made by non-commissioned officers or privates who may think them
selves aggrieved by any sentence or decree of their battalion or company court martial; and to order and dispose of all fines and forfeitures arising under this act, unless otherwise disbursed by law. The first battalion in each regiment shall hold a court martial on the last Saturday in May, annually; and the second battalion in each regiment shall hold a court martial on the first Saturday in June, annually, at the places of holding the battalion musters, each court martial to consist of at least five members; and the officer appointed to the command of each battalion shall attend the battalion musters, and may preside in the courts martial, or may direct the senior officer present to preside; and such courts martial shall be governed by the same rules, regulations and restrictions as regimental courts martial, reserving to any person who may think himself aggrieved by any sentence of such court the right of appeal to the next regimental court martial. In case of any such appeal, it shall be the duty of the judge advocate to carry up the same to the succeeding regimental court martial, whose duty it shall be to determine on all such appeals, agreeably to law and the nature of the case.
Sec. 25. The commissioned officers of the aforesaid regiments of infantry shall meet at the places of holding their regimental musters, armed with a good rifle or smooth bore, for the purpose of being trained and instructed in their duty by the adjutant; which meeting shall be on the Thursday preceding the regimental musters, and shall continue two days; the senior officer present shall call the roll each day, and report all delinquents to the next regimental court martial; and every officer failing to attend, or not appearing armed as aforesaid, without a reasonable excuse, to be judged of by the court martial, shall be fined in the sum of five dollars, to be appropriated as other fines are by this act directed.
Sec 26. The drum majors and fife majors shall be allowed one dollar for each day they may attend to instruct the drummers and fifers in their regiments, to be paid out of any fines and forfeitures collected under the authority of this act; and the adjutants shall be allowed one dollar and fifty cents for each day they may be engaged in training and disciplining the regiments and battalions, to be paid out of the fines and forfeitures of the regiment.
Sec 27. In all cases where the day has not been previously assigned and particularly mentioned at the last preceding muster, (which is hereby declared to be legal notice,) for the troop, company, battalion, regiment, or brigade, to assemble on parade for muster, review, or inspection, it shall be the duty of the commanding officer of the troops so to be assembled, to cause the orders to that effect to be given to the captains of the respective companies, at least ten days before the said parade ; and it shall be the duty of the said captains respectively, to cause three days' previous notice to be given to each individual of the company, by an officer or non-commissioned officer, or in writing left at his usual place of abode: Provided however, that when the commander in chief, the brigadier general, the commanding officers of regiments, battalions, and detached companies, for the purpose of repelling invasion or attack, or to aid and support the civil authorities, shall command the service of the militia, which they are hereby authorized to do, such previous notice shall not be necessary, but, on the contrary, every person subject to military duly shall march at a moment's warning.
Sec. 28. Whenever, by this law, the power is given to the commanding officers of regiments, battalions, or companies, to appoint a place for the muster, review, or exercise, of any regiment or corps, or for the meeting of officers, or courts for assessments of fines, it shall be the duty of such commanding officer to choose as central a place for such muster, review, exercise, or other meetings, as the circumstances of the case will admit.
Sec 29. Every officer) non-commissioned officer, musician, and private, shall appear at his respective muster-field, whether regimental, battalion, or company, on the day appointed, by ten o'clock in the forenoon, the officers in uniform, and armed and equipped, and the privates armed as directed by this act, and not leave the parade until permitted hy the officer commanding the troops; and it is hereby made the duty of said commanding officers to exercise their respective corps at least three hours of each regular muster day. At every muster, each captain or commanding officer of a company shall direct the first sergeant of his company to call the roll, in his presence, between the hours often and eleven o'clock, and also after the exercise is over and before the men are discharged ; and the commanding officer of each company shall examine every person belonging to his company, note all delinquencies, make out an accurate statement of the strength and condition of his company, and make return thereof to the commanding officer of the battalion to which he belongs, at or before the next battalion muster thereafter, whose duty it shall be to return the same to the commanding officer of his regiment, within ten days after the next battalion muster, who shall, within twenty days after the next regimental muster, make out an accurate statement of the strength and condition of his regiment, and return the same to the commanding officer of the brigade to which he belongs ; and the commanding officer of a separate battalion shall make a like return, twenty days after his battalion muster, annually; and the brigadier general shall, in like manner, make a return of the brigade under his command to the major general commanding the division to which his brigade belongs, within thirty days thereafter; and the major general of each division shall, in like manner, make a return of the division under his command to the adjutant general, within twenty days thereafter; and it shall be the duty of the adjutant general to furnish such blank forms of all the different returns, and explanations of the principles on which they should be made, as shall be approved by the commander in chief, and also to receive the returns of the militia throughout the State, from all which he shall make the proper abstracts, and lay the same before the commander in chief of this State, within twenty days after they shall be received by him, or sooner, if required by the commander in chief; and the commander in chief, when required, shall lay the same before the General Assembly; and it shall be the duty of the commanding officer of each company, within ten days after any company muster, to make a return of all delinquencies in his company to the judge advocate ; and the commanding officer of each battalion and regiment shall, in like manner, within ten days after any battalion or regimental muster, make a return of all delinquencies in his command to the judge advocate; and the judge advocate shall, in every instance, present the return of all delinquencies to the proper court martial, or court for the assessment of fines, at the first sitting thereof after he shall have received any such return ; and the court shall act upon the same, and inflict a legal penalty on every delinquent so returned, unless the person charged wiih such delinquency shall, by sufficient evidence, acquit himself of the charge.
Sec. 30. If any ncn-cornmissioned officer, musician, or private, at any regimental, battalion, or company muster, shall disobey the legal and proper orders of his superior officers, appointed or otherwise, or act in a disorderly manner, or if any bystander, at any such muster, shall insult, or otherwise molest, any officer, non-commissioned officer, musician, or private, while on parade, or employed in any other service authorized by the laws of this State, the commanding officer of the regiment, battalion, troop, or company, as the case may be, may order such person or persons to be arrested and put under guard for any length of time not exceeding three hours; and the person or persons so offending, shall, moreover, be subject to pay such fines as may be imposed in the manner hereinafter provided.
Sec. 31. In order to compel observance of the provisions of this act, and for the purpose of introducing a proper degree of subordination and discipline in the operations of the militia of this State, the following penalties shall be incurred and inflicted in the manner hereinafter directed : that is to say—the adjutant general or brigade inspector, for a violation or neglect of those duties imposed upon him by this act, shall incur a penalty not exceeding one year's pay, nor less than three month's pay; any commissioned or staff officer for failing to perform the duties required of him respecting the appointing and giving notice of regimental, battalion, or company musters, or for nonappearance at such muster, in uniform, and equipped as the law directs, or for failing to make any report which by law he is directed to make, shall forfeit and pay as follows: that is to say,—commandant of a regiment or separate battalion, the sum of fifty dollars; lieutenant colonel or major of a battalion, forty dollars; commanding officer of a company, or adjutant, twenty dollars; and those officers respectively shall, moreover, be liable to be cashiered at the discretion of a court martial. Each non-commissioned officer failing to give notice of any muster, when he shall receive orders for that purpose, without a reasonable excuse, shall be fined in the sum of five dollars. Each non-commissioned officer, musician, or private, failing to attend any muster, review, or inspection, disobeying any order which, by virtue of this act, his superior officer may give, failing to repair to the prescribed rendezvous, with his arms and accoutrements, when properly warned so to do, failing to do his duty when there, or absenting himself without a lawful excuse, shall forfeit and pay, for non-appearance on parade, two dollars, for not being equipped and accoutred as this act directs, fifty cents, and for absence without leave after appearance, two dollars. Every non-commissioned officer, appointed in pursuance of this act, shall serve for the term of one year, or pay a fine of ten dollars, the payment of which penalty shall, if such person insist on the privilege, exempt him from the duties of such office for the space of two years. Sec. 32. It shall be the duty of commanding officers of companies to proceed forthwith to divide their companies into classes, by ballots, from one to three, for the purpose of a regular routine of duty when called into actual service, and to return a roll of each class, and its number in rotation, within thirty days thereafter to the commanding officer of the battalion, who shall transmit the same to the commanding officer of the regiment, who shall cause the same to be recorded by the judge advocate; and the commanding officer of the regiment or separate battalion shall make a return of the same to the brigadier general: Provided, that every non-commissioned officer and private of the militia who shall have performed the last tour of duty, shall be set in the third class as nearly as circumstances will admit; and if there are any that have not performed a tour of duty, they shall be set in the first class, and those who have performed the oldest tour of duty in the second class, as nearly as circumstances will admit, any thing in this act to the contrary notwithstanding. Every militia-man moving out of one company into another, shall apply to the commanding officer of the company to which he did belong, who shall give him a certificate certifying the class wherein he was arranged, and whether he had served his tour of duty or not, and also the date and time of such service; which certificate the said militia-man shall produce to the captain or commanding officer of the company into whose bounds he shall so have removed, within five days after the commencement of his residence within the bounds of such company; and such officer is hereby required to enrol him in his numerical class specified therein; and any militia-man so removing, and failing to produce such certificate, shall be arranged and enrolled in the class destined to perform the next tour of duty. If any captain or commanding officer of any company shall refuse to grant such certificate, upon application made to him for that purpose, iie shall, for such refusal, forfeit and pay a sum not exceeding ten dollars, to be recovered and applied as other fines are by this act directed.
Sec 33. When any colonel of a regiment, or lieutenant colonel of a separate battalion, shall be charged with mal-administration, or neglect of duty, it shall be lawful for any commissioned officer to exhibit to the brigadier general of his brigade, or such other officer as shall at the time have the command of the brigade, a fair statement, in writing, of the charge or charges, and the facts intended to establish the same, and the brigadier general is hereby authorized to order a brigade court martial, to consist of at least seven members, none to be under thegrade of field officers, who, when assembled, shall take and subscribe the same oath prescribed for regimental courts martial. The said court, being thus sworn, shall inquire into the nature and truth of the charge or charges ; and if the officer accused shall be found guilty of a misdemeanor in office, he shall be cashiered; if guilty of a ne gleet of duty, he shall forfeit and pay any sum not exceeding fifty dollars; and when any lieutenant, captain, lieutenant colonel of the first, or major of the second battalion of any regiment, shall be charged with any misdemeanor in office, or neglect of duty in office, it shall be lawful for any officer, non-commissioned officer, or private, to exhibit to the colonel of the regiment, or lieutenant colonel of the separate battalion, a fair statement of the charge or charges^ and the facts intended to establish the same ; and the colonel or lieutenant colonel to whom any such complaint is made, in writing, may in his discretion order a regimental or battalion court martial, to consist of at least five commissioned officers, who shall take and subscribe the oath directed to be taken by this act ; and, when sworn, shall inquire into the nature and truth of the charge or charges so exhibited; and if found guilty of a misdemeanor in office, the officer accused shall be cashiered; and if guilty of neglect of duty, shall be fined as prescribed by law; or the commanding officer may refer such charges to the next regimental or battalion court martial ; but no sentence of any court martial cashiering any officer shall be final, until the same shall be laid before the commander in chief, and be by him approved, if the officer cashiered shall pray an appeal to him from such decision ; otherwise the same shall be final.
Sec. 34. If any person shall be called upon to perform a tour of duty, such person shall be acquitted, provided he furnishes his commanding officer with an able-bodied substitute in his room or stead. No substitute shall be received unless armed as by this law directed; and if any substitute should be called into actual service in his own turn, previous to the expiration of the time for which he shall have been enrolled, then the person procuring said substitute shall march in his room, procure a substitute for the remainder of the term, or be liable to the same penalties as if called upon in his own name. Any person called upon to perform a tour of duty as aforesaid, and serving by himself or substitute, or otherwise, paying such fine as the court martial shall adjudge adequate to the offence, shall not be bound to perform any tour of duty until regularly called upon in rotation.
Sec. 35. When it may be necessary to call into actual service any part of the militia, on actual or threatened invasion of this State, or any of the neighboring States or Territories, it shall and may be lawful for the governor to order into actual service such part of the militia as the exigency may require; and when any part of the militia of this State shall be called into actual service, it shall be the duty of the commander in chief to order, from the regiment or battalion from which the militia shall be detached, in proportion to the number of men furnished by said regiment or battalion, a sufficient number of officers, giving preference to the senior officers of said regiment or battalion, to officer said detatchment; and in all cases the officers of the militia of this State shall be called on to perform their tours of duty in rotation, in the same manner as is by this act directed for the several classes of the militia: Provided however, that no militia-man shall be compelled to serve more than six months at one time, and that sixty days shall be accounted one tour of duty.
Sec. 36. In case of actual invasion or insurrection, or an invasion threatened or premeditated against this State, or any part thereof, it shall be lawful for the governor, or any officer by him directed, to order into actual service all or such parts of the militia as the exigency may require, and to discharge said troops as soon as he may judge consistent with the interests of the State : and if a sudden insurrection should be raised, or invasion made upon any county within this State, the commanding officer of the militia of said county is hereby authorized and directed to order out such part of the militia as he may think necessary for suppressing or repressing such invasion, and may, if in his judgment the exigency of the occasion shall require it, make a requisition on the commanding officer of the militia of any adjoining county not so invaded or endangered, whose duty it shall be to comply with such requisition: Provided always, that it shall be the duty of such officer so ordering out the militia, or any part thereof, to transmit to the governor, as early as practicable, a statement of his proceedings, setting forth his reasons for exercising such authority. No such invasion or insurrection shall be laken to be premeditated, unless it is so stated by one or more credible and respectable persons upon oath; and in all cases when 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 deposition so taken. The militia shall be discharged within thirty days from and after their rendezvous, except they shall be continued in service for a longer time by the executive authority of this State; and the militia of this State, when in actual service, shall be governed by the rules and articles governing the armies of the United States.
Sec. 37. If any officer shall misbehave, or act with insubordination or in disorder, or in violation of the foregoing provisions, while on parade, or assembled for review, muster, or inspection, or neglect or violate any other duties authorized or required by this act, he shall be immediately arrested by the commanding officer present, and reported to the brigadier general or commander in chief, who for this as well as all other violations of this act, shall order a court martial or court of inquiry for the investigation of the charges against the officer on trial, as the case may appear to require. Every officer to be tried by a court martial shall have ten days' notice given him of the time and place appointed for the trial, and shall be supplied with a copy of the charges exhibited against him, ten days at least before the sitting of said court. In every court martial for the trial of an officer, not less than two thirds of the members present shall agree in the sentence or judgment of said court; otherwise the person charged shall be acquitted ;, and when the members shall be required to give their votes on a question or decision, they shall begin with the youngest in commission: Provided, that no commissioned officer shall be allowed to resign his commission while under arrest.
Sec. 38. When a brigade, regiment or battalion assembles for review, inspection or exercise, the commanding officer shall order a guard of a subaltern or sergeant, and such number of men as he may deem necessary, whose duty it shall be to receive and guard all such persons as shall be ordered under their charge by the commanding officer or inspector, for misbehaving or refusing to attend to discipline, in exercising and performing all those evolutions and other duties which are required of them by this act.
Sec. 39. Parents shall be bound for the payment of fines incurred by their sons under the age of tvventyone years, guardians for the payment of fines incurred by their wards, and masters or mistresses for the payment of fines incurred by their servants or apprentices, and they shall be respectively charged therewith by the court of assessment accordingly.
Sec 40. It shall be the duty of the adjutant of each regiment to keep a register of the officers belonging to his regiment, for courts martial and courts for the assessment of fines. It shall be the duty of the paymaster of each regiment, independent of such duties as may be required of him by the commander in chief, when called into actual service, to demand and receive from the different persons who have heretofore acted as sheriffs or paymasters, as well as sheriffs who are now in office, all moneys which they have respectively received, or ought to have received, as militia fines ; and in case such late paymaster shall neglect or refuse to pay the amount of fines so by him collected, or which ought to have been collected, on demand being made by the present paymaster of the regiment of the county of which he is or has been sheriff or paymaster, it shall be lawful for such present paymaster, on giving ten days' previous notice to such sheriff or late paymaster, in or out of office, to recover judgment in a summary way, by motion against such sheriff or paymaster, in the name of the present paymaster, for the use of the regiment to which he may belong, in any court of record in the county in which said sheriff or paymaster may reside; also, to receive and receipt for all moneys collected for fines and forfeitures within his regiment, and safely to keep the same until drawn out of his hands by warrant of the commanding officer of the regiment or battalion to which he may be attached; which warrant shall be given in writing, by the said commanding officer, for the use of the said regiment or battalion, specifying the objects to which the moneys so drawn for are to be applied. The judge advocate shall transmit to the paymaster all the sentences of assessment or appropriation which shall from time to time be made by the court martial or court of assessment; and it shall be the duty of the paymaster to receive and file the same. The paymaster shall, previous to entering on the duties of his office, in addition to his other qualifications prescribed by this act, execute a bond to the governor of the State, with security, to be approved by the commander of the regiment, in the sum of one thousand dollars, for the faithful discharge of his duties as paymaster; and the said paymaster shall, annually, in the month of May, settle with the field officers of his regiment, or a majority of them, the amount of all moneys received and disbursed by him; and he shall be entitled to seven per centum on all moneys so by him received and disbursed or paid out as above mentioned; immediately after which settlement, it shall be the duty of such paymaster to report, fully, and at large, a detailed statement of his accounts to the commanding officer of his corps. Sec 41. The captain and subaltern officers of each and every company, or a majority of them, shall, on the muster day next succeeding the muster of each company at which there has been any delinquency or delinquencies, hold a court for the assessment of fines in each company ; and any person thinking himself aggrieved by the decision of such court, shall have liberty to appeal therefrom to the next battalion or regimental court for the assessment of fines; and the commanding officer of a company shall issue his warrant, directed to one of the sergeants of the company, commanding him to cause the fine or fines to be made; and such sergeant shall be authorized and required to levy and make distress and sale of the goods and chattels of such delinquent, and return the overplus, if any, to the person whose property he may sell as aforesaid. All fines collected by virtue of the provisions contained in this section, shall be paid to the captain of such company within ten days after the same may be collected, and by him applied to the purchase of a drum, fife, and colors, and for other purposes, for the use of his company.
Seci 42. When either the 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 he lawful for any militia officer, not under the grade of field officer, to exhibit to the governor for the time being, 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 and subscribe 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 removed from the same; if neglect of duty, he shall forfeit and pay a sum not exceeding one hundred dollars, to be collected as in similar cases of fines. If a brigadier general or brigade major shall be guilty of either of the aforesaid offences, the 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 person charged resides, 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 bim; and the president of the court martial shall give him at least ten days' notice of the time and place 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 be sworn, 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 martial, not exceeding fifty dollars; if a non-commissioned officer or private, he may be fined not exceeding twenty dollars, and, moreover, be confined under guard or put in jail until he will give evidence.
Sec. 43. Each judge advocate, previous to his entering on the
duties of his appointment, shall take an oath to support the constitution of the United States and of this State, and, also, that he will well and truly perform the duties of judge advocate according to law and the best of his skill and abilities ; which oath shall be in writing, signed by the judge advocate, and attested by the officer who administers the same; the judge advocate, thus 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 swfear, that you will well and truly inquire into delinquencies which may appear on the returns to be laid before you, and will assess the fines 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;" and no variation shall be made in the form of this oath, except as circumstances arising from different cases may require. It shall be the duty of the judge advocate to provide a book, in which he shall state the proceedings of said court, and all other necessary entries for the regiment or separate battalion, which are or shall be required by law; and for his services he shall be exempted from military duty, and be allowed the sum of one dollar per day for attending regimental and battalion courts martial, which it shall be his duty to attend, to be paid out of the fines arising under this act. If, from any cause, the judge advocate should fail to attend a court martial, as provided in this act, it shall be the duty of the officers present to appoint a judge advocate pro tempore; and in case of his death, resignation, removal out of the county or from his office, the journals and proceedings shall be kept by the colonel or commanding officer until a judge advocate shall be appointed in his room or stead.
Sec. 44. All fines and forfeitures imposed by any regimental or battalion court martial shall be collected and paid into the hands of the paymaster of the regiment or separate battalion, (whose duty it is hereby made to collect and pay over the same as aforesaid,) by a levy and sale of the goods and chattels, lands and tenements, of the individual fined as aforesaid; and no forthcoming or delivery bond "shall be taken by any adjutant, but the property seized shall be sold within twenty days after the seizure, at public auction, for the best price that may be had for the same, unless the amount of the fine, and all costs legally chargeable, shall be paid previous to the day appointed for the sale thereof; and the adjutant shall, in all cases, give ten days' previous public notice of the time and place of sale, and the property to be sold, the amount of fine, and by virtue of what process the same may have been seized, by at least three advertisements, set up in the most public places in the regiment or separate battalion; and he shall be entitled to the same fees which are allowed by law to sheriffs for similar services, to be paid by the delinquent; and the execution to be issued by the judge advocate shall be to the following effect, viz:
"The State of Arkansas, to the adjutant of , Greeting: You
are hereby commanded, that, of the goods and chattels, lands and tenements, of , you cause to be made the sum of , which
sum the said was fined at and by a (regimental or battalion
court martial, as the case may be) on the day of , in the
year ;which sum you are to render to the paymaster of
, the court martial of which imposed said fine, within thirty days
after the receipt thereof. Given under my hand, this day of
, one thousand eight hundred and .
(Signed) A. B. Judge Advocate of"
All executions shall be returned to the next regimental or battalion court martial after issuing the same ; and it shall be the duty of the judge advocate to enter on the minutes of the court martial the return of the adjutant on each and every execution; and the execution to be issued for fines assessed by the company court martial shall be signed by the president thereof, and conform, as nearly as circumstances will admit of, to the above form, and shall be in like manner executed, and returned, by the officer to whom the same shall be directed, to the president of such court at the next company court martial after the date; and the officer executing the same shall have the same fees as are allowed to the adjutant; and every adjutant or other officer charged with the execution of any such process, who shall wilfully neglect to execute or return the same, or shall neglect or refuse to pay over any money collected on any such process as directed by this act, shall be fined by the next court martial of the company, battalion, or regiment, from which such process issued, in any sum not exceeding double the amount mentioned in any such process, or collected thereon, and not paid over as aforesaid, which shall be collected and paid over as other fines are by this act directed to be collected and paid; and, moreover, such officer may, in the discretion of the court martial, be cashiered and removed from his said appointment.
Sec. 45. It shall be the duty of the commanding officer of the regiment or separate battalion, to appropriate the money arising from fines in the hands of the paymaster, by order of the court martial, in the first place, to the purchasing of drums, fifes, and colors, for the use of the regiment or separate battalion; and, secondly, to paying the officers of the regiment or separate battalion for any services for which they may be entitled to pay under the provision of this act.
Sec. 46. No officer or private, ordered or directed by this act to appear as aforesaid, shall be liable to be taken or arrested by any officer in any civil action or process whatever, on the day such person is directed to appear, or in any reasonable time going to, continuing at, or returning from the same; and every such arrest is hereby declared to be void; and every person required by this act to attend musters, going to or returning from the same, shall be suffered to pass over any bridge, together with his horse, and shall be put over any public ferry without delay, free from any charge whatever; and if any ferryman demand pay for, delay or refuse to put such person or persons over, or keeper of a toll bridge impede the passing of any person, he shall forfeit and pay, for every such offence, the sum of two dollars, to be recovered by a warrant from a justice of the peace, one half to the informer, and the other half to the use of the county where the offence was committed; and no non-commissioned officer or private shall be deprived of his arms and accoutrements required by this act, by execution or other process of law, civil or military.
Sec. 47. The field officer of each regiment or separate battalion is hereby empowered to appoint suitable persons pro tempore, to raise, by voluntary enlistment, for a period not exceeding five years, a company of riflemen, a company of artillery, or a troop of cavalry, in his regiment or separate battalion, which corps thus formed shall consist of not less than forty nor more than sixty privates; provided that no company, by such enlistment, shall be reduced below its lawful number; and the corps so formed is to be and remain a part of the same regiment or separate battalion in which it is raised, and be subject to the same rules, regulations and restrictions as other militia, until otherwise provided for by law ; and when the requisite number are enlisted, it shall be lawful for the officer of the regiment or separate battalion to which they belong, to order an election for officers of the said companies, to be conducted as in other cases; and the companies so formed shall choose their own uniform, both the officers and privates, and shall be armed as follows: In the rifle corps, the captain and subalterns to be armed with side arms, the privates with a good rifle, a shot bag, and powder horn, with nine charges of powder and ball suitable to the bore of the rifle; in the company of artillery, each captain and subaltern with side arms, and the artillerists with one field piece, with its usual number of cartridges, boxes, balls, &c; in the troop of cavalry, the officers and soldiers shall be furnished with a good horse, saddle, bridle, and martingale, and armed with a sword or cutlass, holsters and holster pistols; and the said corps shall use for instruction and exercise, the system of military discipline adopted in the United States army for troops of a similar description: Provided however, that nothing in the foregoing article shall be so construed as to authorize the raising of more than one volunteer company in any one regiment or separate battalion, except in cases heretofore provided for.
Sec 48. In all cases when any person who shall be fined as provided by law, shall remove into any other county, without having complied with the sentence of the court martial, or court for the assessment of fines, it shall be the duty of the judge advocate to issue an execution, directed to the adjutant of the regiment or separate battalion to which such delinquent shall have removed; and it shall be the duty of the adjutant to whom the same shall be directed, to collect and return the same to the judge advocate who issued the same, or his successor in office, within six months after the date thereof, and to pay the amount collected thereon to the paymaster of the regiment or battalion where such delinquent was fined.
Sec 49. The system of discipline and field exercise which is and shall be ordered to be observed by the regular army of the United States, shall be observed by the militia of this State, and the commanding officers of the several military divisions shall cause the militia within their respective commands to be disciplined and trained conformably thereto, in all things not otherwise directed by this act; and in all cases not specially provided for by this act, such provisions of law as have been or may be made by congress for the government and direction of the army or militia of the United States, in similar cases, shall be binding upon, and be observed and conformed to by the militia of this State; and the forms and rules of proceeding of all courts martial, not provided for in this act, shall be such as are established by the rules and articles of war, or adopted and used in the militia service of the United States.
Sec 50. All fines imposed by any court martial, under the provisions of this act, on any major general, brigadier general, brigade major, colonel of a regiment, or lieutenant colonel of a separate battalion, shall be collected on an execution to be issued and signed by the presiding officer of the court martial assessing such fine, directed to the adjutant of the regiment or separate battalion in which the officer fined may reside, by such adjutant, in like manner as other fines are by this act directed to be collected; and the residue of all fines so collected of any major general, brigadier general, or brigade major, shall be paid into the State treasury, first paying thereout the expenses of the court martial at which the same were assessed ; and the residue of all fines so collected of any colonel or lieutenant colonel, after paying the expenses of the court martial at which the same were assessed, shall be paid to the paymaster of the regiment or separate battalion to which the officer fined shall belong.
Sec 51. Each officer required to make returns by the twentyninth section of this act, and failing to make such return, shall, if a major general, be fined in a sum not exceeding one hundred dollars; if a brigadier general, in a sum not exceeding seventyfive dollars; if a colonel of a regiment or lieutenant colonel of a separate battalion, in a sum not exceeding thirty dollars ; if a captain or commanding officer of a company, in a sum not exceeding twenty dollars, to be assessed, collected, and disbursed, in manner as by law directed in other cases.
Sec. 52. Every commissioned officer of the militia shall be furnished with one copy of this act, at the expense of the State; and every officer shall, when he goes out of office, deliver to his successor in office all books and forms furnished him by the State, or received from his predecessor in office, and also all books and papers in his possession belonging to his division, brigade, regiment. battalion, or company; and every officer who shall neglect or refuse so to do, snail be fined twenty dollars per month for every month he shall so neglect or refuse, after a demand thereof made by his successor, to be assessed by any court martial having cognizance of the conduct of such officer, and collected and accounted for as other fines imposed upon such officer are by this act directed to be collected and accounted for.
Sec 53. If any person shall vote at any election prescribed in this act, not being qualified to vote at such election, such person shall, upon conviction thereof before a justice of the peace, forfeit and pay five dollars, to be recovered on complaint in writing made to such justice of the peace, in the name and to the use of him or them suing for the same.
Sec 54. If any commissioned officer shall be charged with ungentlemanly conduct, either in or out of service, unbecoming the character of an officer, he shall be arrested and tried by a general,
brigade, or regimental court martial, agreeably to the rules contained in this act; and, if found guilty, shall be cashiered and enrolled as a private in the company within the bounds of which he lives.
Sec. 55. The brigadier generals, together with their respective staff officers, shall, once in two years, and oftener, if found necessary, review the several regiments and separate battalions within their respective brigades ; and, for this purpose, they shall have power, and are hereby required, to issue general orders to the commanding officers of the regiments and separate battalions within their respective brigades; requiring them to cause the militia within their respective commands to assemble for parade and review, at such time and place as shall be designated in such orders; which orders shall be notified or given to the commanding officers of regiments and separate battalions at least thirty days before the day appointed for any such review; and the brigadier generals may make such regulations as shall appear to them necessary, not contrary to law.
Sec. 56. The governor shall appoint one adjutant general, who shall do and perform all the duties of adjutant general, as required of him by this act; and shall furnish all forms of returns, and keep a book in which he shall make a fair entry of all returns by him received, which shall be subject to the inspection of the major generals and commander in chief, and shall receive for his services the sum of two hundred and fifty dollars per annum, out of any money in the State treasury not otherwise appropriated.
Sec. 57. The governor shall, in addition to the staff now allowed by law, appoint one quartermaster general, and the staff of the governor shall rank as colonels of cavalry.
[Arranged from acts approved October 23, 1836, and December 15, 1837 ]
CHAPTER 98.
MILLS AND MILL DAMS.
References
[edit]- ^ Laws of the Territory of Arkansas, 1819-1820, Page 64. Accessed 10 December 2010. http://books.google.com/books?id=kcc3AAAAIAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA64#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 543, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 544, Section 1, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 544, Section 2, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 544, Section 2, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised Statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 571, Section 56, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 548, Section 13 and 14, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 550, Section 16, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 553, Section 19, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 555, Section 22 and 23, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 555, Section 24, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 568, Section 45, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 556, Section 25, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised Statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 569, Section 49, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised Statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 558, Section 29, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised Statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 562, Section 35, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised Statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 562, Section 36, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Revised Statutes of the State of Arkansas: adopted at the October session of the General Assembly of said State, A.D. 1837, Page 570, Section 52, accessed 10 December 2010, http://books.google.com/books?id=ohxEAAAAYAAJ&dq=acts%20General%20Assembly%20Arkansas%20militia&pg=PA544#v=onepage&q=militia&f=false
- ^ Arkansas Military Department Records, Spanish American War, List of Commissioned Officers of the Militia 1827–1862, Arkansas History Commission, Microfilm Roll 38-8