1803.

regiment, one troop shall be annexed to each battalion by the.commanding officer of such regiment. All and every officer appointed Officers failing to as herein before directed to command in any of the volunteer comcomplete their quota in a given panies, who shall fail to complete his quota within six months after time may be dis. receiving his commission, shall, at the discretion of the executive,

continued.

Volunteers to

months.

be fined.

(unless good cause is shewn to the contrary) be discontinued (a); Provided, That no person enlisting in any of the said volunteer companies, shall be compelled to serve therein more than five years.

15. And be it further enacted, That there shall be a muster of each muster every two troop of cavalry, and company of artillery, once in every two months, except the months of January, February, March and December in Delinquents to every year; and it shall be the duty of the commanding officer of every such troop or company, and they are hereby required, at each and every muster, to call his roll, examine every person belonging thereto, and note down all delinquencies occurring therein, and make return thereof on oath, to the commanding officer of the regiment* within whose bounds such delinquent may reside, to be reported and proceeded against in like manner as other delinquents; and it shall be lawful for any commissioned officer of cavalry or artillery, to sit in any court of enquiry and assessment of fines, to which any person in their respective companies is reported a delinquent; Provided, That not more than one such officer sit in any such court at the same time.

Militia to muster every two months.

16. There shall be a muster of each company of militia, including the light companies, once in every two months, except the months of December, January, February and March, in every year, at such times and places as the regimental courts of enquiry shall from time to time, direct and appoint. And there shall be a muster of each battalion, in the month of May in every year, to be appointed by the commanding officer of the regiment to which such battalions respectively belong, at such place as he deems most convenient within Reginentalmus- the battalion district; and there shall be a muster of each regiment, ter to be in Octo- in the month of October or November in every year, to be appoint beror November ed by the commanding officer of the brigade to which such regiments respectively belong, at such place as he shall think most convenient within the regimental district; which said company, battalion and regimental musters, shall continue one day and no longer. Notice thereofto The time and place of such regimental musters, shall be notified to be given to offi- the commanding officers of regiments, forty days previous thereto; the commanding officers of regiments shall give notice to the commanding officers of battalions, of the time and place of regimental and battalion musters, at least thirty days; and the commanding officers of battalions, to the commanding officers of companies, at least twenty days; and the commanding officers of companies to their sergeants, at least ten days; and the sergeants to each person in their companies, at least three days before such muster. The notices given by the commanding officers of brigades, regiments and battalions, shall be in writing delivered to each person to be notified, or left at his usual place of abode; and every sergeant failing to give

cers,

(a) See post ch. 110, sec. 4. If the officers of any troop of cavalry, or company of artillery, light infantry, grenadiers or rifle men, fail to keep their troop or company equal in number to one half its full number, for twelve months, the executive may supersede them by granting commissions to others.-Sec. 6. None of the vo Junteer companies hereafter enlisted to consist of more than 75 men, rank and file. Altered to commanding officer of battalion-see post ch. 53, sec. 5,

1803.'

notice agreeable to this act shall forfeit and pay for every offence, three dollars; nevertheless, all notices publicly given by the commanding officers of companies at their respective musters, of any Penalty on ser subsequent muster, shall be held and deemed as legal notice; Pro- geants for neglect. vided, That nothing herein contained shall be so construed, as to Proviso. make notices of company musters necessary. Every officer and soldier shall appear at his respective muster field, on the day appoint

returned.

ed, by eleven o'clock in the forenoon. At every muster, the com- Roll to be called manding officer of the company, shall call his roll, examine every at company musperson belonging thereto, and note down all delinquencies accruing ter & delinquent therein, and make return thereof, at or before the next regimental or battalion court of enquiry, to the commanding officer of his bat talion, including those which occurred on the day of his last regimental or battalion muster, and the commanding officers of regi giments and battalions, shall, at their respective regimental or battalion musters, as the case may be, take notice of all the delinquent officers, and shall lay the same together with the returns of delinquencies from the commanding officers of companies, before the court of enquiry under this act to take cognizance of, and determine on them; and to each of the said returns, shall be annexed the following certificate, to wit; "I do certify that the returns hereto annexed contain all the delinquencies which have occurred since my last return, having duly examined the same." 17. Every commanding officer of a company shall within ten days Returns to be after every regimental muster, make up and report to the command-made after regi ing officer of his battalion a return of his company in such manner and form, as shall be furnished by the proper officer from time to time. It shall be the duty of the commanding officers of battalions, to make like returns to the commanding officers of regiments within ten days thereafter, who shall cause the adjutant of his regiment to make regimental returns to their respective brigade inspectors within twenty days thereafter.

shall ap

Form of certified to returns of delinquents.

cate to be annex.

mental musters.

Noncommission

sicians to be ap

pointed.

18. Each captain or commanding officer of a company, point to his company, four sergeants, four corporals, a drummer and ed officers & mufifer, to be approved of by the commanding officer of his battalion. 19. In all cases of death, absence or resignation, of any major ge- In case of abneral, brigadier general, lieutenant colonel commandant, major, cap sence, death, &c. tain or lieutenant, the next officer in rank in his respective commands, in rank to take shall be considered as the commanding officer during such vacancy, command. and liable to perform the duties required by this act, and for neglect therein, shall incur the penalties annexed thereto.

the officer next

failure comman

20. It shall be the duty of every commanding officer of a regi- Militia to be exment, battalion or company, at their respective musters, to cause the ercised, and for militia to be trained and exercised, agreeably to the mode of dis- ding officer to be cipline prescribed by congress, under pain of being arrested and tri- arrested. ed for breach of duty; and for this purpose, the said officers are hereby authorised to order the most expert and fit officer in their respective commands, to perform the duty.

sembled & trai

21. And in order that a knowledge of the rules of discipline may Commissioned be more readily obtained-Be it enacted, That the commissioned of- officers to be as ficers of the several regiments, shall meet once in every year with- ed by the brigade in their respective regimental districts, for the purpose of being inspector. trained and instructed by the brigade inspectors, the days and plaçes of meeting to be fixed on by the commanding officer of the bri

T

1803.

When met, roll to be called & delinquents fined. Fines appropriated.

Rules of disci

nished commissioned officers.

gade to which the regiments belong.* The officers thus assembled shall each continue three days and no longer, every time they are so called out. The eldest officer present shall call the roll on each day and report the delinquencies to the succeeding regimental court of enquiry; and every officer failing to attend such meeting on being summoned, not having a reasonable excuse, to be adjudged of by the court of enquiry, shall forfeit and pay for each day which he shall fail so to attend, five dollars, to be appropriated as the other fines are by this act: Provided always, That where there is more than one regiment in a county, all the commissioned officers of the respective regiments in such county, shall meet together at such place as may be appointed by the commanding officer of the brigade, for the purpose of being trained and instructed pursuant to this act.

22. And to the end that a general knowledge of the rules of displine to be fur- cipline established by congress in their resolution of the twentyninth day of March one thousand seven hundred and seventy-nine, may be diffused, the executive is hereby authorised and required, if the same shall not have been already done, to procure and have a sufficient number of copies of the said rules, printed and bound in boards, to afford to every commissioned officer of the militia, one copy, and cause them to be delivered to the commanding officers of brigades, to be by them duly distributed, without delay; and upon the death, resignation or removal of any officer, the book delivered him shall revert to the public, and be returned to the commanding officer of the regiment, to be by him delivered to the officer filling the vacancy occasioned by such death, resignation or removal.And for defraying the necessary expense thereof, the executive shall draw on the contingent fund.

In case of incapacity the rules

to be returned.

For misconduct, officers to be arrested.

Noncommission

23. Any officer who may be guilty of disobedience, or other misbehaviour, when on duty, or shall, at any time, be guilty of any conduct unbecoming the character of an officer, shall be put under arrest by his commanding officer, and tried as hereafter shall be di

rected.

24. If any non-commissioned officer, or soldier shall behave himed officers & sol- self disobediently or mutinously, when on duty, or before any court diers, how punished for mis. or board, directed by this act to be held, the commanding officer, court or board may confine him for the day, and he may moreover be fined, at the discretion of the court of enquiry, in any sum not exceeding ten dollars, to be appropriated as other fines imposed by

conduct.

By standers may be confined for improper conduct.

this act.

25. If any by-stander shall interrupt, molest or insult, any officer or soldier, while on duty, at any muster, or shall be guilty of like conduct before any court or board, the commanding officer or such court or board, may cause him to be confined for the day.

L't Col. Com. or 26. And for enforcing obedience to this act, Be it enacted, That commanding officer to be fined the following forfeitures and penalties shall be incurred for delin-, for neglect of du- quencies, viz: by a lieutenant colonel commandant, or commanding officer of a regiment, for failing to take an oath, to summon any court or board, to attend any court or board, to transmit

ty.

any recom

Training to be in October or November annually, and immediately preceding the regimental musters, see post chap. 53, sec. 1. Officers of artillery and cavalry to attend the training of the officers in the regiments wherein they reside, sec post chap. 110, see 5.

1803.

for similar ne

glect.

mendation of an officer or officers to the governor, to deliver a commission or commissions, to appoint a battalion muster, or failing to give notice of a regimental muster, to report delinquencies, to make returns of his regiment, as by this act directed, shall, for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars; for failing or refusing to receive the arms and delivering them out, as hereafter directed, a sum not exceeding five hundred dollars; for failing to send into actual service any militia. legally called for, or to turn out his militia upon any invasion or insurrection of his county, three hundred dollars; for failing to appear while on duty in full uniform, ten dollars; by a major, for fail- Major to be fined ing to take an oath, to summon any court or board, to attend any court or board, to give notice of any regimental or battalion muster, to examine his battalion, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding thirty dollars; for failing to call forth from his battalion with due dispatch, any detachment of men or officers, as shall be required from time to time by the commanding officer of his regiment, on any call from the governor, invasion of, or insurrection in, his county, or requisition from any neighboring county, one hundred and fifty dollars; for failing to receive and deliver the public arms as herein after directed, a sum not exceeding two hundred and fifty dollars; for fail

ing to appear while on duty in full uniform, seven dollars. By a Captain to be fincaptain for failing to take an oath, to attend any court, to inroll his ed for like necompany, to appoint private musters, to give notice of a regimental glect. or battalion muster, to attend any muster, to call his roll, examine his company and report delinquencies, or to allot his company into divisions from one to ten, for a regular roține of duty, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding twenty dollars; failing to call forth such officers and men, as shall from time to time be legally called from his company, upon any call from the governor, invasion of, or insurrection in the county, or requisition from an adjacent county, or failing on such occasion, to repair to the place of rendezvous, he shall forfeit and pay seventy-five dollars; for failing to receive any arms as herein after directed, or to give a receipt therefor, failing to distribute them, and take receipts for the same, to make any report concerning the said arms, or to deliver the same, according to the directions of this act, for each and every offence, failure or neglect, he shall forfeit and pay a sum not exceeding fifty dollars; for failing to appear while on duty in full uniform, three dollars. By a subaltern officer, for failing to subalteras fined take any oath, to attend any court or muster, armed as directed, for for neglect of du each and every such offence, he shall forfeit and pay a sum not ex- ty. ceeding ten dollars; failing to repair to the place of rendezvous, armed as required when ordered, upon any call from the governor, invasion of, or insurrection in the county, or requisition from a neighboring county, he shall forfeit and pay fifty dollars; for failing to comply with the directions of this act, (so far as the same relates to the public arms) defining the duties of captains of companies, when such captain shall be absent, and the command of such company shall devolve on such subaltern, he shall forfeit and pay, for every such neglect or failure, a sum not exceeding fifty dollars; for failing to appear while on duty in full uniform, two dollars; Pro- Provise./ vided, That no officer shall be subject to a fine for failing to appear

1803.

ed officer or soidier.

Court martial

fines.

Proviso.

in uniform, until three months after he shall have qualified to his commission. By a non-commissioned officer, or soldier, for failing to repair to the place of rendezvous, when ordered, upon any call from the governor, invasion of, or insurrection in the county, or requisition f.om a neighboring county, he shall forfeit and pay a sum not exceeding eighty dollars, to be adjudged of and determined by their respective battalion courts of enquiry; and moreover, shall be inrolled in the class destined to perform the next tour of duty; and moreover, the said officers for any of the said offences shall be liable to be arrested and tried for the same as military offenders.—— Penalty for ne. Any non-commissioned officer or private, failing to attend at his giect of duty by a regimental, battalion or company muster, armed and equipped as non-commission. the law directs, shall forfeit a sum not less than seventy-five cents, nor more than one dollar and twenty-five cents; and for refusing to receive any arms, when offered, for failing to keep the same in order, as herein after directed, or to return the same when legally requir ed, for each and every such failure or neglect, he shall forfeit and pay one dollar.* If any non-commissioned officer or private shall may remit such be returned as a delinquent, in not appearing armed and accoutred as the law directs, the court martial before whom the same shall be tried, may, if it shall appear reasonable, remit the fine incurred by him; Provided, every such delinquent, who hath a firelock of any kind, shall make it appear that he brought the same to muster; And provided also, That the commanding officers of companies shall not return any such non-commissioned officer or private, for failing to appear with a firelock at the muster, if it shall appear manifest to him, that he does not own or possess any. Any private on the ground at a regimental, battalion or company muster, who shall refuse to go into the ranks when required, shall forfeit and pay four dollars. 27. And whereas, it is necessary that certain tribunals be instituted for the trial of offences, as they are to be viewed in a military light, (a) and for enquiring into certain delinquencies and assessGenerals, by ing fines; Be it enacted, That the governor or commanding officer whom to be ar- of the militia of this state, shall have power, for misconduct within his own knowledge, or upon complaint lodged in writing by any commissioned officer, to arrest and order a court martial of the state, for the trial of the adjutant general, a major general or brigadier geOfficers necessa- neral, to be composed of one major general, not more than four brigary to compose a dier generals, and as many lieutenant colonel commandants and majors, as shall make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so tried, which sentence shall be final, saving an appeal to the executive. And any aid de camp, bri- major general or brigadier general, for misconduct within their own gade inspector, knowledge, or upon complaint lodged in writing by any commissimajor, &c. by whom to be aroned officer, shall have power to arrest any lieutenant colonel comrested. mandant, aid-de-camp, brigade inspector and major, or any other Court martial for inferior officer; and the commanding officer of the division, shall order a court martial for the trial of such lieutenant colonel commandant, aid-de-camp, brigade inspector or major, to be composed of one brigadier general, and as many lieutenant colonels comman

Courts martial to be held for the trial of officers.

rested.

court martial for their trials.

L't Col. Com.

their trials.

Additional penalties respecting public arms, post chap. 84, 110, 112. (a) See post chap. 110, sec. 1-Commanding officer ordering an arrest to determine whether the offence be cognizable before a military tribunal; and the charges to be supported by affidavit. Sec. 2-No arrest to be directed after two years from the time of the alleged offence.