TITLE SECOND. CHAPTER 16. OF THE MILITIA. ARTICLE I. CONSTRUCTION OF THIS CHAPTER SUBORDINATE TO THE LAWS OF THE UNITED STATES. SECT. 1. Militia laws of the U. States recited. Act of May 8, 1792. § 1. Persons liable to be enrolled. Duty of captains to enrol and give notice thereof. Arms and equipments: exempt from attachment. § 2. Exempts. §3. Arrangement of the militia. Officers. §4. Grenadiers. Light infantry. Riflemen. Artillery. Cavalry. 5. Colors. Musical instruments. § 6. Adjutant general, &c.; duties. 7. Rank of officers. 8. Disabled officers and soldiers. § 9. Duties of brigade inspector. Returns to be made by adjutant general. 10. Privileges confirmed to certain corps. Act of March 2, 1803. 1. Adjutant generals to make annual returns to the president. §2. Citizens enrolled, to be constantly equipped. Notice of enrolment. 3. Quartermaster general. Brigade quartermaster. Chaplain. Act of April 18, 1814. § 1. Division inspector and quartermaster. Brigade aid de camp. Act of April 20, 1816. 1. Colonel, lieutenant colonel, and major, to each regiment. Act of May 12, 1820. §1. System of discipline and field exercise. §2. Repeal of 7th section of act of May 8,] 1792. ARTICLE II. EXEMPTIONS. SECT. 2. Absolute exempts. 3. Exempts by producing certificates; quakers and shakers; enginemen; mariners; invalids. Duties of surgeons and surgeons' mates. 4. Minors exempted, on paying equivalent. 5. Discharged staff officers, when exempt. 12. Militia, how organized. 13. Applications for volunteer companies and for alterations, to be made to the governor. 14. Enlistments not to reduce stand ing companies below forty. Notice of enlistments. Volunteer companies, when disbanded. Subject to commander of brigade in case. Standing companies to act as light infantry, in certain cases. 15. Battalions or regiments of artillery or cavalry. 16. Delinquent dragoons to be dis charged, and enrolled in standing company. 17. Members of volunteer companies entitled to a discharge, after seven years. 18. Brigadier general may discharge members, on vote of the company. 19. Three companies of artillery or cavalry, in certain cases, to constitute a regiment. 20. Artillery drivers. 21. Regimental bands, how organized. Duties. 22. Penalties for misconduct. Appropriation of fines. Members exempt from other military duty. 23. Company musicians. Penalty for non performance at trainings. 6. Persons between 30 and 45 years of ARTICLE V. ROSTERS, ROLLS AND RE age, and persons having served seven years in a volunteer company, to be equipped, but exempt from ordinary military duty. Time to procure equipments after first enrolment. TURNS. 24. Aids and adjutants to keep rosters and orderly books, and distribute orders. 25. Annual returns of companies, and of regiments. CHAP. 16. CHAP. 16. SECT. 26. Penalty for neglect of captain to SECT. 53. Precedence in rank, to be decided make returns. 27. Returns of artillery or cavalry, not ARTICLE VI. ARMS AND EQUIPMENTS. 31. Officers and soldiers to be con- 32. Uniform of officers. 33. Equipments and uniform exempt 34. Persons unable to equip them- 35. Parents, masters and guardians to equip minors. Proviso. 36. Officers and privates exempt from ARTICLE VII. ARTICLES FURNISHED. 37. State colors; instruments of mu- 38. Blank orders and notifications. munition for artillery. Horses. 41. Town treasurers to pay one dol- 46. Non commissioned officers, how 47. Additional officers, and how ap- 48. Manner of choosing officers. Ten 49. Returns of elections and commis- 50. Companies neglecting to do duty, their election or appointment. by lot in certain cases. 54. Oath of commissioned officers. 56. Duties of such clerks. 58. Any member may be required to 59. Commanding officer to keep the records in such cases. 60. Vacancy of superior officer, how supplied. 61. If a company be destitute of officers, commander of regiment or battalion may appoint non commissioned officers. 62. In case a company remain without officers three months, commander of regiment shall detail an officer to take command. Such officer to keep records, and prosecute for fines. 63. Penalty, if non commissioned officer or private, in such case, neglect to warn the company, when ordered. 64. Compensation of adjutant and quarter master general. 65. Compensation of certain other officers. 66. General duties of officers. ARTICLE IX. OFFICERS, HOW DISCHARGED. 68. Officers not to resign, when under 70. Penalty for refusal to deliver up 71. No officer exempt from duty until discharged, except when under arrest. 72. Officers convicted of infamous crimes, to be placed under arrest. 73. Elections of unsuitable persons to be void. Officers, becoming unfit, may be discharged. 52. If commission be lost by casualty, ARTICLE X. INSPECTION, DISCIPLINE, officer may be commissioned anew. TRAININGS AND REVIEW. 74. Inspection on the first Tuesday of May. Company trainings. SECT. 75. Selections of militia law to be SECT. 98. Penalties for disobedience of non CHAP. 16. read at inspection. 76. Reviews. Soldiers not compelled to cross water more than a mile. commissioned staff officers; may be reduced to the ranks. 77. Appointment of time and place ARTICLE XIV. PROSECUTIONS FOR FINES for review. Troops raised at large, how reviewed. No person obliged to travel more than fifteen miles to any review. 78. Citizens not held to perform military duty on election days. Penalty, if officers require it. 79. Penalty for parading or marching troops within fifty rods of a court house, when court is in session. 80. Precedence of companies on parade. 81. Rank of officers of different corps, doing duty together. 82. Officers to be assigned to destitute companies on parade. 3. Officers to assign limits to parade. 84. Distribution of cartridges. 35. Punishment of disorderly soldiers. 96. Volunteer companies may establish by-laws. 87. Commander in chief may order further trainings, on approach of public danger. AGAINST NON COMMISSIONED OFFICERS AND PRIVATES. 99. Fines, how recovered. Limitation of actions. 100. Penalty for neglect of clerk to prosecute. 101. If there be no clerk, captain to 102. Plaintiff may amend his writ, in 104. Commanding officer not liable to 105. Captain's commission evidence 103. Clerk may prosecute for fines ac- 109. Appropriation of fines. courts. ARTICLE XV. COURTS MARTIAL. 112. Appointment of marshal and or- 113. Members of general courts mar- 114. Members of division courts mar- 115. Special officer for summary in- 116. Division advocate, how appoint- 122. Copies to be evidence in suits for 123. Division advocate to enforce pay ment of fines and costs. 125. Compensation of members, offi- CHAP. 16. SECT. 127. Accused officer to be arrested, ART. x. Provocations or challenges. and to have a copy of charges 123. Proceedings, if he fail to appear, 131. Arrests on the field of parade. 139. Officers responsible for camp e- 140. Members of cavalry companies XI. Officers suffering others to fight duels. XII. Officers to quell affrays and disorders. XIII. Upbraiding others for refusing challenges. XIV. Officers to keep good order, and redress abuses. XV. Officer wronged, may complain to the commander in chief. XVI. Inferior officer wronged, may complain to colonel. XVII. Selling or wasting ammunition. XVIII. Absence without leave. XIX. Absence one mile from camp without leave. XX. Not retiring to quarters at beating of tattoo. XXI. Officers and soldiers to repair to parade at time fixed. XXII. Intoxication. XXIII. Sentinel sleeping on his post. XXV. Quitting platoon or division with- XXVI. Insulting or abusing persons bringing provisions. XXVII. Abandoning post in time of engage ment. XXVIII. Making known the watch word. XXX. Corresponding with the enemy. my, to be secured. XXXII. Leaving post for plunder. 141. Officer neglecting to make draft, XXXIII. Compelling commanding officer to to be arrested. 142. Pensions to be allowed, if a sol- ARTICLE XVII. RULES AND ARTICLES FOR 143. Rules, and penalties for violation 1. Attendance on divine worship. 11. Profanity. III. Seditious or disrespectful words. cers. v. Mutiny. VI. Not endeavoring to suppress mu- VII. Assaulting superior officer, or dis- VIII. Desertion. IX. Advising to desert. abandon post, XXXV. When different corps do duty together, the oldest officer to command. XXXVI. Same rule, when different corps march or encamp together. XXXVII. General courts martial, how constituted. XXXVIII. Rank of members. XXXIX. Appointment of prosecuting officer; oath of members and prosecutor. XL. Deportment of members; mode of giving votes. XLI. Witnesses to be examined under oath. XLII. No sentence of death, without concurrence of two thirds of the members. XLIII. Punishment for refusal of witnesses to testify. XLIV. Rank of officers for trial of a field officer. Proceedings to be between sunrise and sunset. ART. XLV. Sentence to be reported to com-ART. LV. Officer under arrest leaving his CHAP. 16. manding officer. XLVI. Regimental courts martial. XLVIII. Commanders of forts may order XLIX. Disturbance of courts martial. LI. Confinement limited to eight days, LII. By whom prisoner shall be kept. LIII. Punishment for releasing prisoner. confinement. LVI. Punishment for disgraceful con- LVII. Officers, gunners, matrosses, and LIX. No sentence of death, except as LX. Fines to be appropriated to sick or LXI. Offences not capital, though not LXII. Officers or soldiers accused of cer- ARTICLE I. CONSTRUCTION OF THIS CHAPTER, SUBORDINATE TO THE LAWS OF THE UNITED STATES. States recited. SECTION 1. All the provisions of this chapter shall be consid- Militia laws of ered as subordinate to, and in such manner as best to carry into the United effect, the provisions of the following acts of the congress of the United States, that is to say:* An act passed on the eighth day of May, in the year, one thousand seven hundred and Act of May 8, ninety two, entitled, "an act more effectually to provide for the national defence, by 1792. establishing an uniform militia throughout the United States." 2 Greenl. 349. 571. give notice 1. Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, that each Persons liable and every free, able bodied, white male citizen of the respective to be enrolled. states, resident therein, who is or shall be of the age of eighteen 8 Greenl. 310. years, and under the age of forty five [years], (except as is herein- 22 Pick. 406, after excepted) shall severally and respectively be enrolled in the militia, by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall, at all times hereafter, be the duty of every such captain or commanding officer Duty of captains of a company, to enrol every such citizen, as aforesaid, and also to enrol, and those, who shall, from time to time, arrive at the age of eighteen thereof. years, or, being of the age of eighteen years, and under the age of 4 Mass. 556. forty five years (except as before excepted) shall come to reside within his bounds, and shall, without delay, notify such citizen of the said enrolment, by a proper non commissioned officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, [each cartridge to contain a proper NOTE. On comparing these acts of congress with copies of the laws, published under authority of congress, certain verbal errors are found to have existed in our laws since the act of 1821, which are here corrected, and designated by brackets. Section 7, of the act of 1792, having been repealed by act of May 12, 1820, § 2, is omitted. Arms and equip ments. 9 Mass. 31. |