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AN ACT,

To reduce into one, all acts and parts of acts, for regulating the Militia of this Commonwealth.*

¡Passed March 9, 1819.]

WHEREAS a well regulated Militia constitutes Preamble. the great defence of a free people, and it is expedient to carry into effect the laws of the Congress of the United States, providing for the national defence by establishing an uniform Militia throughout the United States:

Divisions.

1. Be it therefore enacted, That the counties of Brigades and Accomack and Northampton, shall compose one Brigade; the counties of Princess Anne, Norfolk, and the Borough of Norfolk, shall compose one Brigade; the counties of Nansemond, Isle of Wight, Southampton, Surry, Sussex and Prince George, one Brigade; the counties of Elizabeth City, Warwick, Fork, James City, Charles City, New Kent, Hanover, Henrico, and the Cities of Richmond, and Williamsburg, one Brigade; the counties of Gloucester, Mathews, Middlesex, Essex, King William, King & Queen, Lancaster, Northumberland, Richmond, and Westmoreland, one Brigade; and the said Brigades shall compose one Division: That

*For the general militia law passed at the revisal of 1792, see edi. 1794, '03 and '14, c. 146, amended by acts of 1793, c. 1, 2, same edi. c. 152, 153, by acts of 1795, c. 1, 1797, c. 5, 1798, c. 1, 1799, c. 49, edi. '05, and '14, c. 182, 201, 241, 263, and by act of 1800, c. 24. In the session of 1803, a general law was passed, to amend and reduce into one the several laws concerning the militia; see acts of 1803, c. 1, edi. 1808, c. 36. Of this act, numerous amendments were soon after and ever since continually made; see acts of 1804, c. 4, 1805, c. 4, 1806, c. 6, 30, 1807, c. 7, edi. 1808, c. 53, 84, 110, 112, 131; 1808, c. 25; 1811, c. 6, 27; edi. 1812, c. 25, 86, 107; 1812, c. 24, May, 1813, c. 2, December, 1813, c. 4, 1814, c. 5, 24; 1815, c. 14, 16, 47; 1816, c. 19; 1817, c. 13. The present act is almost entirely a compilation of the act of 1803, c. 1, and the subsequent acts above referred to. References from the particlar provisions of this act, to the original acts from which they are taken, would probably answer no useful end, and are therefore omitted.

Battalions &

ecutive may

the counties of Loudoun and Fairfax shall compose one Brigade; the counties of Fauquier, Prince William, Stafford and King George, one Brigade; the counties of Culpeper, Madison, Orange, Spottsylvania, and Caroline, one Brigade; the counties of Louisa, Goochland, Fluvanna, Albemarle, Nelson and Amherst, one Brigade ; and the said Brigades shall compose one other Division: The counties of Frederick, Berkely and Jefferson shall compose one Brigade; the counties of Augusta, Rockingham and Shenandoah, one Brigade; the counties of Wythe, Montgomery, Giles and Monroe, one Brigade; the counties of Washington, Russell, Lee, Scott, Grayson, and Tazewell, one Brigade; the counties of Rockbridge, Botetourt, Greenbrier, Bath, Kanawha, Cabell, Nicholas, and Mason, one Brigade; the counties of Hampshire, Hardy, and Pendleton, one Brigade; the counties of Monongalia, Preston, Ohio, and Brooke, one Brigade; the counties of Harrison, Tyler, Lewis, Randolph, and Wood, one Brigade; and the said Brigades shall compose another Division: The counties of Henry, Patrick, Franklin, Campbell and Bedford, shall compose one Brigade; the counties of Pittsylvania, Halifax, Charlotte, and Prince Edward, one Brigade; the counties of Dinwiddie, Greensville, Brunswick, Lunenburg, and Mecklenburg, one Brigade; the counties of Chesterfield, Amelia, Nottoway, Powhatan, Cumberland, and Buckingham, one Brigade; and the said Brigades shall compose another Division.

2. The several counties and corporations withRegiments. in this Commonwealth, shall constitute the Battalions, portions of Battalions, Regiments, or portiProviso. Ex ons of Regiments, as now established: Provided, That it shall be lawful for the Executive to divide or alter the regimental districts in the several counties, as circumstances may require; and it shall be the duty of the Adjutant General annually to report to the Executive, such Regiments, as, in the two last returns, have been less in strength than three hundred rank and file, and such Regis

alter Regi mental Districts. Annual report concerning Regi

ments, by ad

jutant gener. al.

When regi

consolidated.

ments may be consolidated with some adjoining ments may be one, or such an alteration made in the bounds of the neighboring Regiments, as to make its strength at least three hundred rank and file.

men.

numerous,

ced, or new

3. And every Battalion shall, if convenient, be Companies. formed into five companies; each company to con- Number of sist of not less than sixty men, including non-commissioned officers, musicians and privates, nor more than one hundred and eight, officers included; and wherever any company district shall How compacontain more than one hundred and eight militia nies, when too men, officers included, a new company district shall may be redu be created, or such an arrangement of the bounds companies of the adjoining company district, at the discretion formed. of the Board of Officers or Regimental Court of Enquiry, be made, as shall reduce their strength to some number within that limited by law; and in the event of the creation of a new company district, it shall constitute an additional company to the Battalion of which it is a part; and whenever Companies any company of Militia shall be reduced to less than sixty, rank and file, such company shall be ed among o either apportioned amongst the other companies of the said Battalion, or such an alteration shall be made in the bounds of the other companies, at the discretion of a Board of Officers or the Regimental Court of Enquiry, as shall increase its strength to more than sixty rank and file. And if such When artillecompany consist of Artillery, Grenadiers, Light light infantry, Infantry, Riflemen, or Cavalry, and the number riflemen, or be not increased to sixty, in six months from the be enrolled in passage of this act, and thereafter kept up, so that tia. they be not at any time, for six months together, less than the number aforesaid, the said company shall, on the order of the commanding officer of the Regiment, be enrolled in the body of the Militia.

too small, to be apportion

thers, or en

larged; and

how.

ry, grenadiers

cavalry, may

body of mili

generals, and

4. There shall be an Adjutant General for the Adjutant gen Militia of the State, a Major General to each Di- eral, major vision, and a Brigadier General to each Brigade, to brigadier genbe appointed by joint ballot of both Houses of the be appointed. General Assembly, who shall reside within the lim- Where to re

erals, how to

side.

ficers, cap

signs.

tant general,

Other field of its of their respective commands; and there shall tains, lieuten- be a Colonel, Lieutenant-Colonel and Major to each ants and en- Regiment, and a Captain, Lieutenant and Ensign to each company, who shall be appointed and commissioned agreeably to the constitution and laws of Vacancy in this Commonwealth; and whenever a vacancy shall office of adju- exist, during the recess of the Legislature, in the in recess of le- office of Adjutant General, it shall be lawful for the Governor of this Commonwealth with the advice of Council, to fill such vacancy, and to issue a commission therefor, which shall expire at the end of the next session of the Legislature, or at such time previous thereto, as an appointment to the office shall be made by the General Assembly.

gislature how to be filled.

Generals to appoint their own staff.

al's staff.

Division in

quarter-mas

ter.

Their rank, pay, &c.

Brigadier's staff'; Brigade in

de camp, and

quarter master.

Their rank, pay, &c.

pay

5. The Major Generals and Brigadier Generals of the Militia shall each appoint their own staff. Major gener. The staff of a Major General shall consist of one Division Inspector, with the brevet rank, and emospector, aids- luments of a Lieutenant Colonel of Infantry when de-camp, and in actual service, two Aids-de-camp, and one Division Quarter-master, each with the brevet rank, pay and emoluments of a Major of Infantry, when in actual service. The staff of a Brigadier General . shall consist of one Brigade Inspector, with the brespector, aid- vet rank, pay and emoluments of a Major of Infantry; one Aid-de-camp, with the rank, pay, emoluments and allowances of a Captain of Infantry, with an addition of sixteen dollars per month, pay and forage for two horses; and one Brigade Quarter-master, with the brevet rank, pay and emoluments of a Captain of Infantry, and forage for two Residence of horses, when in actual service. The Brigade Inspectors shall reside within the limits of the BriGenerals to gades for which they are appointed; and the Governor, with the advice of Council, shall commisernor with ad- sion the several Major Generals, Brigadier Generals, and the Adjutant General who may be hereVacancies after appointed, pursuant to this act; and all vacanhow to be sup cies hereafter accruing in any of the said offices, shall be supplied by appointments in like manner to be made.

brigade in

spectors.

be commissi

oned by gov.

vice of coun

cil.

plied.

al.

and duties;

arms, &c.

6. The Adjutant General shall have the brevet Rank of adrank of a Colonel of Cavalry in the army of the Jutant generUnited States. He shall be, and is hereby, autho- His powers rised and required, to direct returns and reports to To require be made to him of the strength and condition of the returns of strength of Militia, the state of the public arms and accoutre- militia, state ments, and other public property, applicable to mil- of public itary purposes, at least once a year, and whenever else he may be required by the Executive of the Commonwealth. It shall be his duty, to prepare To prepare general regulations defining and prescribing the res-fations for difpective duties of the different departments of the ferent depart army, which, when approved by the Executive, shall my. be respected and obeyed, until altered or revoked by the same authority; and the said general regula- such regula tions, thus prepared and approved, shall be recor- tions to be reded in the Adjutant General's office, and a copy office, and laid thereof laid before the General Assembly at their al assembly. next session.

general regu

ments of ar

corded in his

before gener.

functions of

Commissary

7. The offices of Quarter-Master General and To exercise Commissary General of Ordnance, shall be attach- quarter mas ed to that of the Adjutant General, who shall be ter general, & held responsible for the performance of all the du- general of ties hereby attached to those offices; and he shall His salary. be allowed fifteen hundred dollars per annum, payable quarterly, in lieu of all other compensation.

ordnance.

and duties in

ter's depart.

8. The Adjutant General shall take charge of His powers the Quarter-Master's department throughout the relation to the State; and shall have power to issue orders to all quarter mas Quarter-Masters, requiring of them such returns ment. and reports, and giving them such instructions, as may deem proper and necessary, for the securi

he

ty and preservation of the public property.

ry general of

9. It shall be his duty, as Commissary General As commissaof Ordnance, to direct the inspection and proving ordnance. of all pieces of ordnance, cannon-balls, shells and shot, procured for the use of the State, and to direct the construction of all carriages, and every apparatus for ordnance, for garrison and field service, and all ammunition waggons and travelling forges. He shall have the direction of the laboratories, the inspection and proving of the public pow

B

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