armed with a sabre, a pair of pistols and a cartridge-box, to contain twelve cartridges for pistols. And to each company of grenadiers, light infantry and riflemen, there shall be one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer and one fifer, and not less than thirty nor more than sixty-four privates: the commissioned officers of such companies to be armed with swords or hangers; and every company of grenadiers or light infantry shall be armed with sufficient muskets or fusees, bayonets and belts, with a cartridge-box to contain twenty-four cartridges, suited to the bore of their muskets or fusees; and each company of riflemen shall be armed with good rifles, pouches and powder-horns.

25. That at battalion musters, each company of artillery and cavalry Exercise of arshall meet and exercise with such battalion as the commandant of the regiment tillery and cavto which they belong may direct. alry.

returned;

26. That every officer and soldier shall appear at their respective mus- Companies to ter grounds, armed and equipped as the law directs, on the day appointed, at be paraded by eleven o'clock in the forenoon; and at every muster, each commandant of a eleven o'clock, company shall direct a sergeant of his company at half past eleven o'clock in A.M.; roll call; the forenoon, to call the roll and examine every person belonging thereto, and delinquents to note down all delinquencies occurring therein, and make return thereof to the be noted and next court of inquiry to be holden for the purpose of assessment of fines; and strength and at battalion or regimental musters make return to the commandants of the equipments of battalion or regiment (as the case may be) of the strength of his company, companies to the number of men on parade, and the number of rifles, muskets and fusees, be returned on bayonets, cartridge-boxes, powder-horns and pouches on parade, agreeable to field days; roll such forms as are laid down in the thirty-sixth section of this act, and at of officers; deeach officer, regimental and battalion muster, court of inquiry, court-martial, linquents. or board of officers, the officer highest in command present shall, at an hour after the time appointed for such meeting, call the names of the officers whose duty it is to attend, note down the delinquencies and make return thereof to the next regimental court of inquiry and assessment of fines.

27. That if any by-stander, at any muster or at any meeting of officers By-standers inrequired by this act, do insult or otherwise molest any officer or soldier, the sulting officommanding officer may order such person to be put under guard for any time cers, how dealt not exceeding six hours.

with.

nation before

courts of inquiry, how con

ducted.

28. That all persons wishing to be exempted from military duty, on Persons wish account of bodily infirmity or disability shall make oath or affirmation (as the ing to be excase may be) before a justice of the peace, that he believes himself incapable empt from mili of performing military duty, and shall present to the surgeon of the regiment tia duty, how to to which he belongs, a copy of the same, who shall, on the receipt thereof, apply; examlexamine such person relative to his indisposition or disability; and if in his opinion the person thus applying is unable to perform military duty, he shall certify to the next regimental court of inquiry, the name of the person thus applying, together with the nature of his complaint, at which court such applicant shall attend and be examined under oath if required by the surgeon and court of inquiry, and if in the opinion of said court such person is unable to perform military duty, the president of said court or board shall give such person a certificate of exemption, until his complaint shall be removed; and when a detachment shall be called into service and shall have arrived at the place of rendezvous, the commandant thereof shall order a court of inquiry, to consist of not less than three commissioned officers, who shall together with the surgeon of the regiment or detachment, examine all persons belonging to such detachment making application, and shall grant certificates in the same manner and under the same regulations as regimental boards are authorized to do by this section: no person heretofore exempted from militia duty on account of any actual or alleged bodily infirmity or disability, shall hereafter be benefited by such exemption, unless he complies with the requisitions of this

section.

as to preachers,

29. That the following persons shall be exempted from military duty, to What officers wit: the vice president of the United States, the officers judicial and ex- are exempted ecutive of the government of the United States, the members of both houses from military of congress and their respective officers, all custom-house officers with their duty; proviso clerks, all post officers and stage drivers, employed in the care and conveyance of the mail of the post-office of the United States, all ferrymen necessarily employed at a ferry on a post-road, all inspectors of exports, all pilots, all mariners actually employed in the sea service of any citizen or merchant within the United States, all supreme judges and president judges of circuits, all

Fines and for

By a major.

By a captain.

By a subaltern.

By the adjt. gen. qr. master general or aid. By an aid-decamp to a maj. general,

By a surgeon.

By a noncommissioned of ficer,

ministers of the gospel regularly ordained, or approved and recorded according to the rules of their respective churches, during such time as they shall continue in the exercise of the duties of their profession: Provided, That nothing herein contained, shall be so construed as to exempt any preacher of the gospel, who shall accept of a seat in the legislature or hold any other office or appointment of profit or trust under the authority of this state.

30. That the following forfeitures and penalties shall be incurred for defeitures; by a linquents, to wit: by the commandant of a division, for neglect of any of the major general; duties enjoined on him by this act, not less than twenty nor more than two by a brigadier hundred dollars; by the commandant of a brigade, for neglect of any orders general; of his superior officer, or any of the duties enjoined on him by this act, not By a colonel. less than fifteen nor more than one hundred and fifty dollars; by the commandant of a regiment, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than ten nor more than one hundred dollars; by the commandant of a battalion, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than eight dollars nor more than eighty dollars; by the commandant of a company, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than five nor more than fifty dollars; by a subaltern officer, for neglect of any orders of his superior officer, or any of the duties enjoined on him by this act, not less than four nor more than forty dollars; by an adjutant-general or quarter-master-general or either of the aids-decamp to the commander-in-chief, for neglect of any orders of his superior officers, or any of the duties enjoined on him by this act, not less than ten nor more than one hundred dollars; by an aid-de-camp to a major-general, brigadeinspector, or brigade quarter-master, for neglect of any orders which he may receive from his superior officers, or any of the duties enjoined on him by this act, not less than eight nor more than eighty dollars; by a surgeon, for neglect of any orders of his superior officers, or any of the duties enjoined on him by By an adjt. qr. this act, not less than five nor more than fifty dollars; by an adjutant, quartermaster, clerk, master, clerk, pay-master or surgeon's-mate, for neglect of any orders of his &c. superior officers, or any of the duties enjoined on him by this act, not less than four nor more than forty dollars; by a noncommissioned officer, or any of the regimental staff officers, not enumerated in this section, for neglect of any of the orders of his superior officers, or any of the duties enjoined on him by this By a private on act, not less than two nor more than twenty dollars; by a private man failing a field day. or neglecting to attend a regimental muster, during the whole time the same Officers appear is on parade and duty, one dollar and fifty cents; by any officers as above enuing without merated, for neglecting to meet at the time appointed for mustering, without arms; field of their proper arms, as is recited in the first section of this act, if a field officer, ficers; compa- he shall be fined in a sum not exceeding five dollars, if a company officer, he shall be fined in a sum not exceeding four dollars, if a staff officer, he shall be fined in a sum not exceeding four dollars; to attend a muster of his battalion in like manner at the time and place appointed, one dollar; to attend in like manner a muster of his company at the time and place appointed, one dollar; for attending a regiment muster, without a sufficient musket, rifle or fusee, thirty-seven and an half cents: for attending a muster of his battalion without a sufficient rifle, musket or fusce, thirty-seven and an half cents; for attending a muster of his company without a sufficient rifle, musket or fusee, twenty-five cents; for attending a regimental muster without either a cartridge-box or powder-horn and bullet-pouch, twenty-five cents; for attending at any other muster without either cartridge-box or powder-horn and bullet-pouch, twelve Fathers and and an half cents. Fathers shall be bound for the payment of fines incurred guardians by their sons under the age of twenty-one years; guardians for the payment of bound for fines fines incurred by their wards, and masters for the payment of fines incurred incurred by mi- by their apprentices, to be charged and collected by the collectors of fines acnors; masters cordingly: Provided, That when distress and sale of property is made to for fines insatisfy fines incurred by the provisions of this act, and the person from whom curred by serthe same is collected refuses to accept of the overplus, if any, an account thereof shall be returned by the collecting officer at the same time, and in the same manner he is required to return fines; and such officer shall also pay over such overplus so remaining in his hands to the pay-master of the regiment, in whose custody it shall remain, as a credit to the person from whom it may have been collected, to be appropriated from time to time to the payment of any future fine or fines which may thereafter be assessed against such person, subject always to be paid over by the pay-master, if demanded by the person

ny officers; staff officers. Battalion and

company mus

ters.

Fine of a private for attending musters without arms.

vants.

Proviso when persons refuse to accept the overplus after distress and sale for fine;

collecting offi

1812-13.]

MILITIA.

809

how proceeded or his order whose property has been sold for the same; and if such collecting cer for neglect, officer at any time fail in making a proper return or returns of his warrant or list, or do not pay over any moneys by him collected agreeably to the provi- against. sions of this act, he shall be proceeded against at the suit of the proper paymaster, either on motion in open court, or by action before any magistrate or other court having cognizance.

31. That if any noncommissioned officer or private shall make it appear Persons unable to the satisfaction of the officers of the company to which he belongs, that he to equip may is unable to furnish or equip himself, as by this act required, the said officers be exempted shall exempt such noncommissioned officer or private from the fines imposed and how. by this act for want of such arms and accoutrements, until in the opinion of the officers of the company to which he belongs, he is able to furnish and equip himself agreeable to law.

32. That the commissioned officers of each company shall meet at two Commissioned o'clock, P. M. on the Friday next succeeding their respective September com- officers of company musters, at or near the place where the said musters were held, for the panies to hold the September purpose of holding a court of inquiry and assessment of fines, for such delin- a court of inmusters; to quencies as may have accrued in their respective companies since the last quiry, &c. after regimental muster, and shall keep a fair record of their proceedings, and make out therefrom two certified lists of the names of the persons fined, annexing make out and to each name the amount of fines assessed for delinquencies at each muster, certify their one of which lists shall be posted up, at the place of holding such court of proceedings, inquiry and the other laid before the next regimental court of inquiry, to which &c. court any person who may think himself aggrieved may appeal, and said regimental court of inquiry may for good cause shown remit such fines.

than fifteen

33. That the commandants of battalions, together with the commissioned Battalion officers of companies in their respective battalions shall meet at eleven o'clock, courts of inquiA. M. on that day week next succeeding their respective battalion musters, ry, when holtheir proceedat or near the place where such muster was held; and said officers, or a ma- den; to make ings; regimenjority of them, shall hold a court of inquiry and assessment of fines, at which out and certify time and place the clerk of the regiment shall attend, who shall keep a record of the proceedings of said court, and make out two lists of the names of the tal courts of inpersons fined, with the amount of the fines assessed on each, one of which shall quiry, when be posted up at the place of holding such court of inquiry, and the other shall holden; proviso be laid before the next regimental court of inquiry, by the commandant of the as to company battalion, to which regimental court any person who may think himself ag- districts more battalion musgrieved may appeal, which court may for good cause shown remit such fines; ter ground; furand a commanding officer of each regiment together with the commandants of miles from the battalions and companies, shall meet at nine o'clock on that day week next succeeding their respective regimental musters, at or near the place where ther proviso as such muster was held; and the said officers, or a majority of them, shall hold to administera regimental court of inquiry and assessment of fines and also a court of ap- ing oaths. peals: Provided, That where the centre of any company district shall be a greater distance than fifteen miles from the place of holding the muster of the battalion or regiment to which such company may belong, the commissioned officers of any such company or a majority of them, shall respectively, on that day week after the day of muster, hold a court of inquiry and assessment of fines, at or near the place where such muster was held, which fines shall be collected and applied as other fines under the provisions of this act, said officers to appoint a clerk who shall keep a record of their proceeding; and each commandant of such company shall make a return of his company to the commandant of such battalion or regiment, as the case may be, within ten days after such company muster, agreeable to the provisions of the thirty-sixth section of this act: And provided also, That in all cases where it is necessary to administer an oath or affirmation to carry into operation any of the provisions of this act, any officer duly commissioned and qualified is hereby authorized to administer such oath or affirmation.

34. That the fines assessed at all regimental courts of inquiry for delin- Fines, how quencies either at officer musters, any board of officers or at the regimental collected; duty musters; and also, all fines assessed at company or battalion courts of inquiry, of regimental which are not remitted at said regimental court of inquiry, shall be collected clerk to certify as follows: the presiding officer of each regimental board shall cause the and deliver to clerk of the regiment to keep a record of the proceedings of the board and make out therefrom a certified list or lists of the names of persons fined, with thority and per the amount of such fine or fines annexed to each name, which list or lists when cent. on money certified by the presiding officer shall be by the clerk of the regiment delivered collected; duty

constables; constables' au

pay-master

delivered to

constable; constable neglecting, how proceeded against; fines, how appropriated; surplus to be paid into the county treasury; fines of general officers, how dis

of regimental to such constable or constables as the board may direct; and if in the opinion pay-master; of the commandant of the regiment or of any subsequent regimental board of clerk to furnish officers, it should be proper to appoint another constable for the purpose aforesaid, it shall be lawful for such commandant or board to appoint another or with list of fines others for such purpose; and any such list shall be a sufficient warrant for such constable to enable him to collect the sum due from each delinquent, in the same manner that he would be authorized to do on an execution for the like amount, with twenty per cent. on the amount of fines collected from each person as fees of collection; and any constable collecting any fines under the provisions of this act, shall forthwith pay the same over to the pay-master of the regiment, which pay-master shall receipt for all moneys so paid; and the clerk of each regiment shall, in like manner, make out and forward to the paymaster of his respective regiment, a certified copy of the fines put into each constable's hands for collection; and if the constable who is directed to collect any fines does not pay the same over to the pay-master of the regiment, within the time directed by law for recovering and paying over sums of like amount, the pay-master shall, before the proper justice of the peace, proceed against such constable, or his securities as in other cases; and the said constable and his securities shall only be exonerated from the payment of the amount of such fines, by showing to the satisfaction of the said justice that there was no property to be found whereof such fine or fines could be made: all fines collected as aforesaid, within any one regiment, for any one year, amounting to and not exceeding one hundred and fifty dollars, shall be drawn from the pay-master, and disposed of as the regimental board of officers may direct; but if the amount of fines collected within any one regiment, in any one year, shall exceed one hundred and fifty dollars, such surplus fines shall, by the pay-master of the regiment, be paid into the county treasury: all fines assessed on and collected from general officers, shall be collected and disposed of as the board assessing the same may direct: Provided, That for good cause shown the next regimental court of inquiry may remit and direct the paymaster of the regiment to pay back any fines assessed at the last regimental court of inquiry.

posed of; proviso allowing court to remit fines.

Duty of clerks to attend all

35. That the clerks of regiments shall attend all courts of inquiry and courts-martial held in their respective regiments, take minutes of the proceedcourts of inqui-ings, receive all returns from the commandant of battalions and independent ry; further duty companies in his regiment, and record the same in a book by him provided for of clerks in re- that purpose; he shall also record the class rolls of each company in the regicording class rolls, dates of ment, and shall furnish the person or persons appointed to collect fines, with

commissions, resignations,

&c.

Returns by whom and when made.

a list of delinquents in his regiment, stating the court at which they were fined, and shall record the date of the officers' commissions in his regiment, the time of all resignations, and such other records as may be directed by the commandant of the regiment under the provisions of this act.

36. The commandants of companies shall make returns* to the majors on the days of the battalion and regimental musters, and the majors shall make out complete returns of their battalion and deliver the same to the commandant of their regiment at their next regimental court of inquiry, to be holden after each regimental muster; and the commandants of regiments shall cause complete returns of their regiments to be made out under their inspection, and a copy thereof forwarded to their brigadier-generals on or before the first day of November annually; and the brigadier-generals shall, in like manner, cause returns of their brigades to be made out under their inspection and certified copies thereof delivered to the major-general of their division, on or before the first day of December annually; and the major-generals shall, in like manner, make returns to the adjutant-general on or before the first day of January annually; and the adjutant-general shall make proper abstracts from such returns, and lay the same annually before the commander-in-chief of this state, and forward a duplicate of the same to the president of the United States: Provided always, That the adjutant-general shall be inspector-general.

Adjutant-gen37. That the adjutant-general shall distribute all orders from the comeral's duty; mander-in-chief of the several corps, attend all public reviews when the combrigade-inspec- mander-in-chief shall review the militia or any part thereof, obey all orders tor's duty; ad- from him relative to carrying into execution and perfecting the system of milijutant's duty; tary discipline established by this act: the brigade-inspector shall attend all regimental musters of officers within his brigade, to exercise and cxamine them, to note pay-master's

*The forms of returns prescribed in this act are omitted.

delinquents and return the same to the commanding officer of the regiment to duty; to give which they belong, to attend all regimental and battalion musters of the mili- bond. tia composing their brigade during the time of their being under arms, to inspect their arms, amunition and accoutrements, and obey such orders as they shall from time to time receive from the commander-in-chief, or commandants of divisions or brigades to which they belong, and shall in all respects attend to the delivering of general orders and making out returns of their brigades; and the adjutants of regiments shall in like manner attend all musters of officers in their respective regiments, all battalion or regimental musters, deliver all general or regimental orders, attend to making out and delivering regimental returns, and obey such orders as they shall from time to time receive from the commandants of their respective regiments: the pay-master of each regiment shall attend their regimental courts of inquiry, and shall lay before the board an accurate account of the state of the finances of the regiment, stating particularly all moneys received and paid out, with his several proceedings relative to the duties of his office, which shall be compared with the books of the regiment: and said pay-master shall give bonds with sufficient security to the commissioners of the county where they respectively reside, in the sum of two thousand dollars, conditioned for the faithfnl performance of his duty.

38. That the adjutant-general shall be allowed in times of war one hun- Adjutant-gendred dollars, in times of peace fifty dollars annually ; and each brigade-inspec- eral's salary; tor the sum of ten dollars annually, for each battalion in the brigade to which brigade-inspeche belongs, on the certificate of the brigadier-general; and the state treasur- tors salary; ader is hereby authorized and directed to pay the same on the certificate of the jutants, and their compenauditor of public accounts: the adjutants, clerks, pay-master, provost-marshal, sation. the drum and fife major, and other drummers and fifers of each regiment, shall receive such compensation for their services as the regimental courts of inquiry may from time to time think proper.

of divisions;

39. That whenever it may be necessary to call into actual service any Duty of compart of the militia of this state, on an actual or threatened invasion of this mander-instate or any of the neighboring states or territories of the United States, the chief; duty of commander-in-chief shall forthwith demand from each division, a detachment commandants in proportion to the strength thereof, except as hereinafter excepted, which orproviso as to ders shall be delivered by a special messenger to the several commandants of invaded settledivisions, specifying the numbers required from each division, the time and ments being explace of rendezvous if ordered to march; and the several commandants of di- empt; further visions after receiving such notice, shall proceed forthwith, agreeable to the proviso as to provisions of this act, to detach the same: Provided, That whenever the safe- their acting as ty of any of the frontier settlements of this state shall in the opinion of the spies; proceedgovernor require it, he may exempt the militia in such settlements from being ings in case of called into service, and make such further provision for their defence as the extreme emernecessity of the case may require, which exemption shall be expressed in his gency. orders to the commandants of the division, who together with the commandants of brigades, regiments, battalions, and companies shall govern themselves accordingly: And provided also, That such militia-men may be required to serve as spies on their own frontier; and that on an actual invasion or any extreme emergency, the commander-in-chief, commandants of divisions, brigades, regiments, battalions or companies, may call out the whole or any part of the militia under their respective commands, as the nature of the case may require, who shall continue in service if necessary until the militia can be regularly called out; and all manner of persons so called and refusing to serve shall be liable to the same penalties as if they had been regularly called to serve in their proper classes, and the service of the person so called out shall be accounted a part of their tour of duty.

40. That each infantry company of the militia of this state, shall be divi- Infantry comded into eight classes, preserving to each man his original class, and when panies to be dicalled into service shall be regulated accordingly, the first class serving on vided into eight the first tour of duty and so on in succession agreeable to their numbers: all called into serclasses; how companies of artillery and troops of horse shall be called into service by com- vice; artillery panies, under their own proper officers, in the following manner, viz: The and troop how first or oldest company in the state shall serve on the first tour, and so on in called out; light succession, agreeable to their rank, reckoning the same from the date each companies how company was first raised and organized; and all companies of light infantry, called out. grenadiers and riflemen shall also be called into service by companies, under their own proper officers, to be ranked throughout the several divisions to