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EDITED BV TIIO JIAS HAYNi'.S. E*iQ.
VOI,. HI. NO. 10.
of
23 sr :e. t>. :rob(NSow,
Publisher (By Authority,) of the Lairs
of the I nit cd States:
Offlce on Greene Street, nearly oppo
site the Market.
'Gauod eveiy Tuesday morning,at .$3 per annum
No subscription taken for less than a year
and no paper discontinued, bat at the option ot
nA* puidisher, until all arrearages are paid.
'Advertisninests conspicuously inserted at the
'Waual rates—those not limited when handed in,
•will be inserted ’till forbid, and charged accord
ing! v.
CHANGE OF DIRECTION.
VV» desire such of our subscribers as may a
"any time wish the direction of their papers chan
•ged from one Post Odice to another, to inform
us, in all cases, of the place to which they had
beta previously sent; as the mere order to for
watd them to a different office, places it almost
out of our powar, to comply, because we have no
means of ascertaining the office from which they
are ordered to be changed, but a search through
our whole subscription Book, containing severa
thousand uames.
. POSTAGE.
It is a standing rule with this office, as well
as all others, that the postage of all letters and
communications to the Editor or Proprietor
most be paid. We repeat it again,—and re
quest all parsons having occasion to address us
upon business connected in any way with the
establishment, to bear it in mind. Persons
wishing to become subscribers to the Standard
•f Union, are particularly requested to give their
attention to this; or they will not have the pa
per forwarded to them.
REMOVAL..
SO w .
Cabinet Furniture
WARE ROOMS.
lIIAVE found my premises 318, aud2oßroad
st., too small and inconvenient to afford my
customers fair opportunity of examining what
thev purchase, and have therefore
REMOVED
to the coiner of Broad arid Campbell-street, lust .
occupied by Geor-e I). Combs, jcZZ known as '
Bcnnoch %,• McKenzie’s olil stand, where 1 shall
constantly keep on hand a large and general as
sortment of plain fashionable Furniture.
Families wishing to purchase, have only to cal
on the subscriber, to do so advantageously.
N. B.—Orders filled from the North at shortest
notice.
THOMAS M. WOODRUFF.
Nov. 10. ts—43.
Capita! Stock 8300,000 —All paid in.
IVERSON L. HARRIS,
AGENT at Milledgeville, of the Georgia in
surance and Trust Company, will take Fire
and Marine Insurance out he most reasonable <
terms.
thomas s. Metcalf, Pres-t. ,
Wm. T. Gould. Secr’y.
Directors of the Georgia Insurance and Trust Com
pany, Notewber Ith. 1833.
Samuel Hale. Benjamin 11. Warren,
Darid H . tit. John, Blintui Morton,
Adam Johnston, Udicard Thomas.
Jacob Moise, James P. Stuart,
Solomon Kneetand, Samuil II Pick,
Hays liowdrr, Isaac T. Heard,
Pleasant Stovall, William H. Morgan,
Artemus Gould, llirper C. Bryson,
John M. Adams, John l r . Cowling,
Andrew J. Miller, Edward Padelfoid.
Nov 17—44
Oyster mid Relish House.
THE subscriber has epened a house of this de
scription on the North West of the Masonic
Hall on Wayue street, wher. he will at all times
furnish Oysters, Relishes, &c ami a variety of othe
things the market usually affords. He invites hir
/rieuds and the public to give him a call.
Nov. 17— 44-3-t WALTER JONES.
EXECUTOR’S SALE— WiII be sold on
Wednesday the 28tli of December next at
i the late resilience ofJolm \\ oodid! deceased in De-
Kalb county, all the personal property of said de
. ceased, except the negroes, consisting of Horses,
i Cows Ilogs &c. One set of Blacksmith Tools,
two Stills, one Road Wagon.—Sale to continue
■ from day today until! all is void. Terms made
known on the day of sale.
JOHN DOBBS.
HASTEN D. PALMER,
Nov. 17 Executors.
FOUR MONTHS af(cr<latcap(>lieatioiiwil,
be made to the Honorable the Inferior court
. of Hancock county, when sitting for ordinary pur
poses ; for leave to sell lot of laud No. 138, in the
22<l district of old Lee now Stewart county, it be
ing a part of the real Estate of Edward B. Brook
ing deceased, and not included in his last will and
testament, aud sold for the benefit of the heirs
of said deceased.
REBECCA A. BROOKING.
Nov 17—44 Amr’x of the last will of dec’d.
qpilE JACKSON ACADEMY will g.iiHo
" operation the ensuing year, under the
charge of the Rev. W. A. Flohexck aud Lady.
of highly approved rpia’ificatous. Having the ad
vantage of a Chemical, and .Astronomical and
Philosophical Apparatus, they will be able to give
thorough instruction in al! the branches of liberal
education-
Music, Painting and the Fine Arts will betaught;
also the Latin and Greek Languages.
The highly reputable character of Mr. and
Mrs. J- lorctice, ns teachers, cannot fail to elicit
f°r the institution a liberal patronage, and to place
•t, in point ol celebrity, at least, iipoti a level with
*ny similar institution in the Hate.
Ihe moral and healthy condition of the village
wdl afford an additional inducement to parents
and guardians from aproad to send their children ;
for the accommodation of whom boaiding may
"* had. either in private famdies or at regular
boarding house, at the most reduced prices.
WILEY W. GAITHER.
Sec'y. Board of Trustees.
November. 1 <l2 „|(lt
cy rite .Southern Recorder, Milledgeville, will
■•ert the above weekly untill th.- Ist January, mid
•'ward the account— Macon Telegraph.
JWrOiJCf-,. .All persons having ariv deimiiid
mv <d‘Martha Childers, late
• a *bington county deceased, are requested to
present them, in the terms ofth-t law, ami all per
sons indebted to said estate, are hereby called mi
to come forward mid -uh; || )( . „•
ty. 7th November, ] j. BfP.NET'!’ ndn.r.
Pceember, 1.
The Standard of Union.
A BILL.
To provide more effet tn.illy for the defence of the State, by
organizing, arming ami establishing an uniform system in
the State of Georgia, and to provide for the discipline ol the
same.
be it enacted by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, and it is here
by enacted by the authoiity of the same, That every able bo
died white male citizen of the State of Georgia, between th*
ages of eighteen and forty-five, inclusive, shall constitute the
militia ot the State, and be enrolled mid mustered as hereinafter
provided for.
SEC. 2d. And be it further enact id, That the militia of the
State shall be designated as Cavalry, Artillery, Infantry, Light
Intantry anil Riflemen, ami shall be arranged in companies or
troops, battalions, regiments, brigades, and divisions in the fol
lowing’ manner :
First Division— First Brigade—Bryan, Camden, Chatham, Ef
fingham, Glynn, Liberty, Mclntosh and Wayne.
“ “ —Second Brigade—Bulloch, Burke, Jefferson,
Montgomery, Emanuel, Scriven and Tatnall.
Second Division—First Brigade—Richmond, Columbia and
Warren.
“ “ —Second Brigade—Washington, Hancock and
Talliafero.
Third Division— First Brigade—Baldwin, Morgan and Put
num,
“ “ —Second Brigade—Clark, Green and Ogle-
thorpe.
Fourth Division— First Brigade—Elbert, Lincoln and Wilkes.
“ “ —Second Brigade—Franklin, Jackson and Ma-
dison.
Fifth Division— First Brigade—Jasper and’Jones.
“ “ —Second Brigade—Henry, Fayette and Butts.
■ Sixth Division—First Brigade—Laurens, Pulaski, Twiggs
and Wilkinson.
“ “ —Second Brigade—Appling, Decatur, Telfair,
Irwin, Lowndes, Thomas and Ware.
Seventh Division— First Brigade—Gwinnett, Habersham, Hall
and Rabun.
‘ “ —Second Brigade—Lumpkin, Union and For-
syth.
Eighth Division— First Brigade—Monroe, Upson and Pike.
“ “ —Second Brigade—Bibb, Crawford, Dooly and
Houston.
Ninth Division— First Brigade—Heard,Meriwether and Troup.
“ “ —Second Brigade—Coweta, Campbell and
Carroll.
Tenth Division— First Brigade—Harris, Muscogee, Stewart,
Randolph and Early.
Eleventh Division— First Brigade—Paulding, Cobb and De-
Kalb.
“ “ —Second Brigade—Newton and Walton.
’ Twelfth Division— l- irst Brigade—Cass, Cherokee and Gilmer.
“ “ —Second Brigade—Floyd, Murray and Walker.
Sec. 3d. And be it. further enacted, That the Governor of
the Slate shall be entitled to Aids-de-Camp,
with the rank of Lieutenant-Colonel each.
Sec. 4. And be it further enacted, That to each division
there shall be one Major-General, with two Aids-de-Camp, each
with the tank of Major, and one Division-Inspector, with the
rank of Colonel. Ami to each Brigade, one Brigadier-Gen
eral, with one Aid-de-Camp, with the rank of Captain; one
Quarter-M ister, with the rank of Captain; and one Brigade-In
spector, w ith the rank of Major.
Sec. 5. And be it further enacted, That there shall be one
Adjutant-General, elected by the Legislature, who shall be re
quired to keep his office at the seat of Government of the State,
with a salary of dollars, annually, whose
duties are hereinafter described.
Sec. 6. And be it further enacted, That there shall be attach
ed to each Brigade, lour Colonels, with their respective Staff I
Officers, to wit: each Colonel shall be entitled to one Adjutant,
one Quarter-Master and one Judge Advocate, with the rank of
Lieutenant each, one Pay-master and Surireon, one Assistant
Surgeon and Searjeant-Major, one Quarter-Master Sergeant and
two principle Musicians to each regiment. And all the com
missioned officers of the State shall be elected in the following ,
manner, tow-t: The Legislature, as heretofore, shall elect the
officers commanding divisions and brigades, together with the
Adjutant-General of ttie State. Aud no person shall be eligible ,
to either of those offices belo.v the rank of Colonel. The offices
of Colonel and Major may be filled by any subaltern officer who
does not rank iower'han Captain. The militia, comprizing each
regiment, battalion and company shall have the right to elect,
by ballot, their officers, respectively; no officer is, however, to
have the right of voting for an officer below his own grade.
Sec. 1. And be it further enacted, That there shall be attach- '
ed to each regiment, not less than two, nor more than four batta- |
lions, each ceimnamled hy a .Major, whose staff shall consist of
one Adjutant and one Quarter-Master, w ith the rank of Lieute
nant. Except when organized as a separate corps, as in coun
ties containing but one battalion, in that caseins staff shall be
the same as a Colonel commanding a regiment. Each battalion I
shall consist of not less than two companies; each company shall I
consist m not less than forty, no, - more than one hundred pri
| vates. And each company of Cavalry, Artillery, Infantry or
Riflemen, shall consist ol one Captain, one First Lieutenant, one
Second Lieutenant, four Sergeants, four Corporals ami two
Musicians.
Sec. 8. And it further enacted, That it shall be the duty,
and it is hereby enjoined on each captain, or officer command
ing the district company, or troop, within tuc limits of whose dis
ti ict any citizen liable to do militia duty shali reside, toenrol such
citizen wit,lin three months from the time ofs’.vch residence, and
i serve a notice, either in person, or by some officer attached to his
command, under the penalty of five dollars, wnich fine, so in
< in red, shall lie determined by the officers attached to said com
pany district ; and said delinquent captain, or other officer com
manding a company, as aforesaid, as soon as the other offiers,
as .iloicsaid, shall have made out an account offine to fJie amount
of live dollars, the same may be proceeded against, and the
amount collected, ns in a simple action ofdebt; which money
when collecud, shall be disposed of for the use of the company,
to be determined by a majority of said company. The said c.D
taiu, or other effi er commanding, shall also enrol all such ciL- ,
zens as shall, from time to lime, attain the age of eighteen years |
witmn Ins company district, under the same pains and penalties. I
It shall further he the duty of each captain, or other officer com- !
mandmg a (hstriet company, on the days of review and inspec
tion, to have prepared and returned a correct report, setting
ioi’tli the number of his company, the number of officers, the
number .if privates, the number, if it be a common militia com
pany, ol swords, shot trims ami rifles, taking special care not to
report ruber of the above species of arms unless they be in order
for immediate use ; the number of the field, as well as
the aggregate of his command, hit such as’may be ab
sent. These reports shall be made out ami handed to' the ad
jutants of their respective regiments, whose duty it shall lie to
consolidate the *qme. and hand said consolidated reports, or a
| copy of them, on the day of inspection to the Brigade In-pec
t'U ol other officer acting as such, All officers commanding
companiis of Artillery, Light Infantry, Riflemen or CavaL
ry shall, in like manner, make out and return reports of their
entire strength and arms, with their condiiion on the days, and
to the officer aforesaid, including the arms and implements be
longing to officers, which said r.'porls shall likewise embrace a
report of all officers who have not uniformed themselves within
) the time prescribed by law, which shall be within si.x months
froip (|>e date of Ike ci iq iiission qfe tcli officer.
iIIIEI.KBCrKVIE.rE, GEORCiIA, TMUBSDAY MOBAKTOSt, 22, 183'6.
Sec. 9. And be it further enacted. That it shall be the duty
of the Colonel or Adjutant in command of a regiment, squadron
or battalion, and he is hereby required to consolidate the. troop
, or company returns of his regiment, squadron or battalion, when
i received from the captains, as enjoined by the fon-gnuig sections
and shall hand over or transmit the same to the General of Bri
gade ; and the General of Brigade, or his Brigade Inspector,
shall consolidate said returns, and cause them to be forwarded to
the Major General of his Division, or the Division Inspector, who
shall annually make, or cause to be made, a condensed extract
; according to the plan of the blank forms already, or which may
|be hereafter, established by the Executive of the State of
Georgia, aud transmit the same to the Adjutant General of the
State, at the seat of Government, on or before the day
i“f ofeach year.
Sec. 10th. And be it further enacted, That until the militia
gothe State shall be furnished with arms and accoutrements by the
bovernment of the United States, every citizen who shall have
peen warned to train, orotherwise notified ofhis enrolment, shall
arovide himself with a good musket, shot-gun, rifle or yager, and
ppear so armed and provided when called out for exercise, ins
pection and review, or actual service. And every enrolled citizen,
so providing himself with arms required hy this act, shall hold
them exempt from all suits, distresses and executions for debts
or taxes.
I Sec. 11th. And be itfurther enacted, That the duties required
j to he performed hy the several officers of the General Staff of the
inilitia shall be as follows, towit; The Adjutant General of the
I State shall be required to keep a record of all commissions Is
; sued and distributed to the several officers, and resignations of
j each officer ; to superintend and provide proper forms for com
i missions for the officers, under the direction and supei vision of
| the Executive of the State for the time being ; to sign, issue and
transmit all general orders which emanate from the Executive or
Cotntnanderin-Chief of the State, whether of detail, instruction
or movement of the militia, and all genera! regulations which
may be established by the proper authority, and transmit the
same to the officers concerned. He is also charged with all cor
i respondence between the Governor of the State and the Govern
ors and officers of other States ; with the Secretary of war ; with
the Adjutant General of the army ofthe L T nited States, and other
persons, in official stations, on the subject of military affairs. D.e '
shall keep a record of all general orders ofthe xtomtnander-ia
chief, and of his own correspondence, and regular files «f al]
returns, reports and papers received. It shall be his i’ u t v to
distribute blank forms ofthe different returns, and other papers
which may be required by the laws of the State for the use of
the militia. He shall receive from the officers in command of
the several regiments, brigades and divisions, and <jf the Divi
sion Inspectors and Brigade Inspectors, or their assistants, such
returns and reports or other documents rec aired by this act,
and all such other returns, reports and docnr.ieuts, which thev
may be required to make by the Legislature of the State, er by
the orders of the General or other officer in command. It shall
be the duty of the Adjutant-General of the Slate, on or be
fore the day of annually, to make to the
Comtnander-in-chief of the State, a consolidated general abstract
of the strength of the militia, with a return of the arms and equip
ments, conformably to the blank forms to be established and
furnished by the Adjutant-General, under the direction and su
pervision ofthe Executive <’f the State, :\s I efore provided, and
a duplicate original of such annual general abstractor return
of trie militia of the State, and of the arms and implements shall
be transmitted by him to the Secretary of War, on or before the
day of •antiually.
Duties of the Division Inspector, Brigade Inspector, or their
assistants.— lt shall be their duty, collectively to inspect the
field, staff and company officers, non-commissioned officers, mu
sicians and privates ot the several divisions and brigades to ’
which they respectively belong, and to receive the necessary re- I
turns and reports from the respective commanders of*companies, !
troops, battalion, squadron or regiments, and to specify all ab
sentees. They will notice all deficiencies in the arms and equip !
ments, and the uniform of those of those present, and deliver al
true return of such delinquencies, as well as those absent, to the 1
commanding officers of divisions and brigades. The Brigade ;
Inspector shall make a duplicate original of su«h returns to the
Division Inspectors, and the Division Inspector shall prepare
true and complete abstracts of such returns, which shall careful
ly be transmitted by them to the Adjutant-General of the State,
on or before the day of annually,
all such returns and abstracts shall be made according to such
forms as herein provided for.
Sec. 12th. And be it further enacted, That when the United
States may require the service of any portion of the enrolled
militia, the Governor ofthe State shall comply with such requi
tion in such manner as the Legislature may have directed, or
shall hereafter be prescribed ; and the militia so required and
employed in the service of the United Slates, shall be subject to
the rules and articles of War for the government of the armies of
the United States, and be under the same regulations as may be
prescribed for the regulation ofthe regulai troops. They shall
receive the same pay, rations, and clothing as are allowed and
paid to the persons in the regular army of the United States.
Sec. 13th. And be it further enacted, That all officers, non
commissioned officers, musicians and privates of the enrolled j
militia which shall hereafter be detailed or called into the service
of the United States, to execute the laws of the Union, suppress
insurrections and repel invasions, may be held to service for and
during the period of twelvemonths from the time of their arrival
at the place ot rendezvous, and no longer, unless sooner dis
charged, or the detachment shall be ordered and mustered into
the service for a shorter time.
Sec. 14th. And be it further enacted, That each company,
battalion and regiment shall provide itself with a drum and fife
at least, so soon as the fine money produced from delinquencies
shall amount to a fund sufficient for that purpose, and that the
companies, battalions, regiments brigades and divisions shall
rank with each other respectively, according to the rules estab
lished in the army ofthe United States.
Sec. 15th. And be it further enacted, That it shall be law
ful to raise by voluntary enlistment, or otherwise, in the State,
such uniformed companies of Cavalry, Artillerv, Infantry and
Riflemen, as the Legislature may, from time to time, authorize
or permit to lie formed inte independent battalions or squadrons
of lour companies, or troops. Each battalion or squadron to be
commanded by a major, but whenever two or more battalions
or squadrons are raised within the same county, they shall form
a regiment. And when two or more regiments, not exceeding
i four, can be united, they shall constitute a brigade.
I he organization of each volunteer company, or troop, shall
be as follows : one captain, one first lieutenant, one second lieu
teiiHi'it, one ensign, lour sergeants, four corporals, two musicians,
not less than sixty-eight, nor more than eighty-six privates. The
officers T. each volunteer company, troop, l attalion, squadron,
regiment or brigade shall he appointed and commissioned in the
same manner, ami be governed by the same rules and regula
tions as other officers of the militia of the State.
J he volunteer corps shall be enrolled and be instructed, and
reviewed, inspected, and reported by the general and staff offi
cers, in thesame manner as is or may be provided for the govern
ment of the enrolled militia, and when called into or employed in
[ the. service of the United States shall be subject to the rules ;hk|
articles ol war, and under the regulations prescribed for the re-
I gtilar troops.
1 lie arms and aecotitremcnts of the several volunteer corps !
.-.hall be of like description ol tuose used by the United States’ .
j troops of the same species of service, and their uniform of such !
| fashion or color as the Legislature mav director authorize.
i S::c. IGt'i. Aul be it further enacted.. That such volunteer j
corp* in ( av.ilry, Artillery, Infantry or Riflemen, as now exist in j
I this State, which have not Iren incorporated within, or subject
I to the general regulation.', of the militia, shall retain t!i?ir privi- 1
! ? stibject| tieyi ,'-,!)ele-s ? to all required by (his
Oser Conscience—-Our Count ri/ Our SPurty.
act iii like manner with the other militia.
,‘ C d And be it further enacted, That the system of
< isctp ine uu -eld exercise which is, and shall be ordered to be
observed by the regular army of the United States in the different
corps of Cavalry, Artillery, Infantry and Riflemen, shall also
je observed by the militia in the exercise and discipline of said
corps, respectively, tlirorigliout the State.
.. ?'; C ’ ! S J. lk A, [ d father enacted, That the officers, Ju
dicial and Executive of the United States ; die members of Con
gress, including both Houses, and their respective officers; all
Custom-House officers, with their clerks; all Post officers aud
stagedrivers who are employed in the care aud conveyance of
t«e mail of the post-office department of the United States ; all
ferrymen employed at any ferry on the post roads; all inspectors
of exports ; all Pilots ; all Marine . actually employed in the sea
service ol any citizen or merchant within the Unite I States, and
all persons who now are, or may be hereafter be exempted by the
laws ofthe State, shall be, mid are hereby exempted from militia
duty. 1
Sec. 19th. All vacancies which mav happen by death, resig
nation or otherwise, of any general officer, shall be filled by the
General Assembly, and a list nf the name or names of the person
or peisons elected, under th" signattire ofthe President and Se
cretaiy ofthe Senate, and Speaker and Clerk ol the House of
Representatives, shall, wttliiii two daysthereaQar, Le transmitted
to his excellency die Governor, who is hereby required to issue
commissions to each andevery person so elected, within two davs
thereafter.
Sec. 20th. "Every officer elected or promoted, and commis
sioned or breveted, shall, pr>-’.ous to entering upon the duties
ot his office, take the following oath, to be administered by any
Justice ot »iie Inferior Court, or of the Peace, to wit : I, ,
do swear that I will support the Constitution of this State and of
the United States, and faithfully discharge the duties of
in milit’.u of the State of Georgia to me best of my skill and judg
ment, so help me God; which shall be attached to the commis
sion of such officer.
Sac. 21st. The commanding officers of companies shall enrol
every able bodied white male citizen as well as aliens, between the
ages of eighteen and forty-five years (except such as are exempt
ed by the laws of the United States mid this code) residing with
in his district, and in cases of doubt or objection respecting the
age of any person enrolled, or pleading incapacity to serve ini
any company, the party doubting or objecting shall prove his I
age or inability to the company court of enquiry of the district j
in which he may reside ; and it shall be the duty of every first |
sergeant ot a district company toenrol every such white male,
as aforesaid, as shall, from time to time, arrive at the age of eigh
teen years, or who come to reside in his district (except as be
fore excepted) and shall, without delay, notify such person of'
said enrolment by a proper non-commissioned officer, by whom
such notice may be proved.
Sec. 22d. The captain, or officer commanding each company,
shall divide his company as nearly equal as practicable into four
squads, and shall nominate, annually, one fit and proper person
in each stptml, as sergeant, and another in each squad as corpo- i
ral, but in case of refusal of all or any of such persons to act as
serseant or corporal, the commanding officer of such company
shall deposite the names ofthe men of each squad in separate
hats, and call disinterested person to draw two names
from each bat, and the person whose name shall be first drawn
shall be a sergeant, and the person whose name shall be next
drawn shall be a corpora!; and such persons shall be responsi-!
ble for, and perform the duties required of such non-commission- >
ed officer by law, for twelvemonths thereafter; but such persons
shall not be compelled to serve again, until the names of all the
other persons'in their respective squads shall have been so drawn, i
And the commanding officer of such company shall, previous to
drawing out the names, number the squads from one to four, in- |
elusive, and the sergeants and corporals so drawn, shall be known ]
aud rank according to the number of their respective squads.
Sec. 23d. No person belonging to the militia ofthe line, shall, j
undercolor of enlisting into any volunteer corps, be excused from !
doing duty in the line until he shall have equipped himself in the i
uniform of said corps, and have produced a certificate of the ■
same from the captain ofthe corps to the commanding officer ofj
the district wherein lie resides.
Sec. 24th. Every non-commissioned officer and private in |
the militia of the line, shall be bound to appear at all musters, and I
on all necessary occasions, armed and provided with a firelock in
good order, a cartridge box, or shot pouch and powder horn.
Sec. 25th. The commanding officers of district companiesshall
muster their companies twice at least, and not more than six
times in every year, at such place within their respective com
pany districts, as may be must convenient to a majority of such
company, and at such times as shall be ordered by the com
manding officer of such company.
Sec. 2Gth. If any byestatider shall interrupt, molest or insult I
any officer or soldier, while on duty at any muster, or shall be |
guilty of like conduct before any court or board, authorized by I
this code, the commanding officer at such muster, court or board
may confine him or them, where such offence may be given, for '
a term not exceeding one day, nor less than six hours, during I
which confinement, he or they shall not be allowed to drink any I
wine or spirituous liquors; and if any non-commissioned officer {
shall behave in a disorderly or mutinous manner, when on duty, I
or before any court or board, tis aforesaid, or shall leave the i
ranks without permission, or refuse to fall therein when ordered, i
at any muster, or shall appear on parade intoxicated, or shall j
quarrel or promote any quarrel among his fellow soldiers, or
shall disobey any order or command, or refuse to execute the
same of his commanding officer, while on parade or underarms,
such non-commissioned officer or soldier so offending, shall b
disarmed and confined by order ofthe commanding officer pre
sent for sin h time as lie may choose, not longer than one day,
and may be also fined at the discretion of a court of enquiry not
more than twenty dollars, to be appropriated as other lines are
by this code.
SEC. 27th. All arms,ammunition anti equipments, the troop
ers horses ami furniture ofthe militia, shall be exempted from
execution and distress at all times, and their persons from arrest
and process in civil cases, while going to, continuing at, or re
turning from muster and while in actual service.
Sec. 28th. The distribution of orders, (in case a draft should |
ever be necessary) requiring a muster to be held for the purpose
of making such draft shi’ill take place, unless sent by express, in
such manner as that a colonel shall have notice, in writing, from
the brigadier general at least ten days before such intended mus
ter aud draft ; that a lieutenant colonel or major shall have eight
days notice; a captain six days, who shall distribute all orders
to their sergeants four days; aud the sergeants to each person in
his squad, verbally or written notice, left at the usual place of
his residence, at least two days before such muster or draft. Ten
days notice, in writing, shall lie served upon any dtdinquent of
ficer, non-commissioned officer, or soldier; by the adjutant to said
officers, and by sergeants to iion-commissioued officers or sol
diers, of the time and place ti court of enquiry shall sit.
Site. 29th. I here shall he held alter a mu.,ti r lor a draft,
a regimental (and in counties eontuinta’miug hut one batta
lion, a battalion) court ot inquiry, to be appointed by the com
manding officer of the regiment or battalion; for the assess
ment of fines for non-attendance nt said muster fop a draft,
which court of inquiry shall be held within thirty days after
battalion or regimental muster for such draft, to consist of at!
least seven in a regimental, and five in a battalion court of in- i
quiry, of the commissioned or brevi'ited officers of said regiment
or battalion, and the senior officer, if of equal gr ide, shall pre- i
side, but the ollleer ol hii> h"st grade sliall preside v. ithnut rcgar.l
to seniority; and till defaulters at musters fur a draft, shall be |
tried at such courts of inquiry, and such cojirts hili be lid.l at
the regimental or battalion muster ground, and the following,
oath shad lie administered by one of the officers, to the presiding (
officer of the court, (towit.) I, A. B. will truly inquire into all j
delinquencies vrlfcb awpear pi; (!]« returns V? pj before n»c.
and will assess such fines thereon as may be just, without iarw,
partiality or affection, so help ;ne God. And such courts sliuU
appoint, by ballot, a clerk airi provost-marshal, who shall act ««•
til the business of the court shall be finished; and such
when so constituted, shall have power to assess fines upon all <h"
linqtlent officers and soldiers, within the regimental or but(:tli<>n
district; and all fines inflicted by said court of inquiry, shall
collected by execution, under the baud and seal ofthe p-esidilitf
officer of the court, directed to, a.id by a constable of the dis
trict in which th* delinquent may reside.
it shall be the duty ofthe clerk to keep a fair record of tli«
proceedings of said courts, and within five days after tlu-ir ad
journment, to make out a fair list of all fines assessed therein, d«-
signating the captain’s district in which each delinquent resides,
and transmit the same to the tax collector of the county, wlw.»
shall receive and receipt for the fines of any wiio may voluntari
ly pay, and all who may produce the tax collector’s receipt, shall
b • credited by the clerk without any cost, and the said clerk
shall, within thirty days after such court of ii quiry, make out
executions against every delinquent against whom fines tnay
have been assessed (and wh > have not produced the tax collec
tor’s receipt, signed by himself'and countersigned by tire con r
manding officer ofthe court, under hi- hand and seal, as above
directed, and the constable of the district as aforesaid, sliall give
his receipt to the clerk for said executions, and shall rat-e the
money under them in the same way as under executions issued
from a justice’s court, and shall pay over, when colleeu d, the
proceeds of said executions to the tax collector, whose receipt
therefor shall be a sufficient discharge to the constable, and the
constable shall be subject to the same rules, liabilities, penalties
and process, by warrant or attachment, at the instance ofthe tux
collector, as by law, he now is to plaintiffs in execution.
The clerk appointed by said courts, shall previously toenter
ingupon the duties of his office, take the following oath, to bead
ministered by the president of said court, to wit: I, A. B. will
truly and faithfully record the proceedings of this court, mid will
make out and sign and deliver to the constables, executions for
all the fines which may not be voluntarily paid within the time
prescribed for the issuing st.id executions by law, so help me
God.
Sec. 30th. The Commander-in-chief of the State, upon com
plaint of misconduct, or neglect ofduty, lodged in writing, in the
Executive office, by three or more of the commissioned officers
shall cause to be arrested any major general, brigadier general,
the adjutant or quarter master general ; and a court martial of
generals, field officers or captains, having a regard to seniority,
as shall amount to thirteen, which court martial shall proceed in
the same way and under the same restrictions as hereinafter pro
vided for the trial of field officers ; and any major or brigadif •*
genera l , for misconduct within their own knowledge, or upon
complaint lodged in writing, by two commissioned officers, shall
have power to arrest any colonel, lieutenant colonel, major ol
battalion or any other officer attached to their respective staflr.
And the commanding officer of the division shall order a entire
martial for such colonel, lieutenant colonel, major of battalion < r
brigade, to be composed of one brigadier general, and of as many
field officers and captains as shall make up a number of thirteen;
and such courts shall proceed to hear and determine on all offen
ces against military' order and decorum, and may censure, fine,
or cashier such officers, which sentence shall be final, when ap
proved by the commander-in-chief of the Stale.
And any biigadier general, colonel, lieutenant cohmcl, or
major, for misconduct in any captain, subaltern, or regimental
staffoflicer within his own knowledge or upon complaint lodged
in writing, by any two or more commissioned officers, may arrest
such captain, subaltern or regimental staff officer; and the briga
dier, or commanding officer of’the brigade, shall order a brigade
court martial for the trial of any such offender, to be composed
of any one or more field officers, am! as many captains and'sub
alterns as will make up a number not less than thirteen ; and such
court martial shall hear and determine, on all offences aeainsi
military order and decorum, mid may’ censure, fine and cashier
every officer so tried, which sentence shall be final, when approved
by the major genera! of the division ; and before the court martial
shall proceed to hear and determine on any case, they shall take
the following oath before a Justice ofthe Inferior court, <>r ofthe
Peace to wit: I, A. B. do solemnly swear, that 1 will well and
truly try the cause now to be laid befi re me, according t» tine
evidence, and the opinion I entertain of the spirit and int< utiun
ofthe laws of this State and of the United States, and that I will
not divulge the vote or opinion of any member of this court, un
less required to give evidence thereof in some court of Inw in
this State, until the sentence shall be approved of by the proper
authority. So help me Go:!.
All officers arrested, shall hive at least twenty <l»ys notice, in
writing, of the time and place of the sitting of the court for liia
or their trial, and be furnished with a list ofthe officers detailed
to sit on said court, and also a true copy ofthe chirges and spe
cifications against him or them; with a list ofthe names of ihe
witnesses against him or them; and for the obtaining the necessary
evidence on both sides, the adjutant or officer making the arrest,
shall have power to summon, verbally, all such witnesses on both
sides as may be pointed out by the parties, (not exceeding seven
on each side,) and every person so summoned, and failing t<»
appear and give evidence, if required, shall be fined by said court
in a sum not exceeding twenty dollars, to be collected by execu
tion as is prescribed for lines in courts of enquirv, and -hall be
moreover subject to action at the suit of the party injured <<r ag
grieved by the conduct of such wit.-.ess, as afore.-aid, in any court
having jurisdiction thereof; all witnesses shall tujve the following
oath, to !>e administered by the nresident of the court, to wit;
I, A. B. do swear, that the evidence which I may give lo fir
court in the cause now before it, shall be the truth, the whole
truth, and nothing but the truth—So help me God. And wlt-n
any militia officer shall be cashiered, he shall not be eligible to
hold any commission thereafter.
Sec. 31st. That his excellency the Govrrnor is hereby author
ized, on an invasion or insurrectioii, or probate prospect thereof,
to call forth such a number ofthe militia of the line, and from
meh county or counties, and in such way, either by companies
or drafts, as he may deem proper, and for the support and equjp
ment] of the militia so called forth, the commander-in-rhiet ol
State tn ay appoint such quarter mastiAr, commissaries and other
stall’officers as to him shall seem proper; and shall also take pro
per measures for issuing and transporting till orders whiih may
be necessary. Orders for the catling forth the nitliiia, a.- aluri -
said, shall be sent to the cotnimindiug officer of the regiments,
brigades or division, who shall forthwith take such measures for
executing the same, tis shall be speedy aud proper.
Sec. 32 1. And when <ny militia -hall be called into at tnul ser
vice, they shall be governed by the rules and articles which gov
ern the 'troops ami militia in the service of the United Slab s,
and courts martial shall bt; held as is therein directed, to be com
posed of militia officers only, for the trial ot any person in the
militia, .
And to the cashiering of any officer, or capital pmiishment o!
any person, the tipprob, lion of the commatider-in-' iiief shall be
necessary. ’ And when any militia are in actual service, tiny
shall be allowed the sane pay and rations as are allowed by law
to the militia of the United Slates. Should a sudden invasion
or insurrection happen in any comity in this State, the comman
ding offiicer ofthe militia thereof, is hereby authorized and re
quired to order out such part, or the whole ofthe militia thereof,
as be may deem necessary for repelling or suppressing such
invasion or insurrection ; and may call on the commanding of
ficer ol any adjoining county tor such aid as bethinks necessay,
n [io shall forthwith, am! in the same manner, lurnisli the same.
And the commanding officer of'the county, when such invasion
or insurrection shall happen, shall, forthwith, give notice ofthe
same, aud cause thereof, to the brigadier general, who shall im
mediately report to the eommmi ler-'m-eliief.
Sec. 33d. That major ami brigadier generals, and colonels
eommaiid.nits ol regiments are lirrehy vested with power bi em
p!qy? at any i..Lq notexcetd.'mg Iqur dollars per day, suebpit-
PUBLISHED BY P. L>,
WI3OL.E N<>. 15®
