dent of the United States; and every officer refusing to make such returns in due time, shall forfeit his commission, unless excused by a court-martial. CHAP. 1799 Penalty on privates who neglect to keep themselves equipped. ments. SECT. 28. And be it further enacted, That every noncommissioned officer or private, who shall neglect to keep himself armed and equipped, or shall on a muster day, or at any other time of examination or exercise, appear unprovided or unequipped, except as before excepted, shall pay a fine not exceeding two dollars, nor less than one, at the discretion of a court-martial: And that every person belonging to the militia, Penalty on per. sons destroying unable to arm and equip himself in manner aforesaid, the public arms and who has received arms and accoutrements from and accoutrehis officer, and shall destroy or embezzle such equipments, or any part thereof, he shall upon conviction before some justice of the peace, be adjudged to replace the article or articles by him so embezzled or destroyed, and pay the costs arising against him, or give security for the payment thereof, or be committed to the county-gaol to replace or pay for said articles so embezzled or destroyed, within the space of twenty days; and if he shall not perform the same within the time directed, the justice shall order him to be bound out to service, or labour, for such time as will pay the full amount of such articles, as by him were embezzled or destroyed. Penalty on per sons obliged to non-attendance at the place of find arms, for exercise, SECT. 29. And be it enacted, That if any officer, non-commissioned officer, or private, shall refuse or neglect to appear at the time and place appointed to exercise, either in company or battalion, those who are obliged to find arms and accoutrements, with arms and accoutrements in good order, such of ficer, non-commissioned officer or private, so neglecting or refusing, if not excused by a courtmartial, shall be fined, if a major, four dollars, if a captain two dollars, if a subaltern one dollar and fifty cents, and if a non-commissioned officer or private, one dollar; and if any commissioned, noncommissioned officer, or private, shall neglect or on field days. refuse to attend at the time and place appointed to CHAP. 1799 exercise in regiments, those who are obliged to find arms and accoutrements, with arms and accoutrements in good order, and not being excused by a court-martial, he shall be fined, if a colonel ten dollars, if a major six dollars, and if a captain three dollars, if a subaltern two dollaas, and if a non-commissioned officer or private one dollar and fifty cents; and the return of all fines incurred at a battalion or regimental day by field officers, shall be made by the highest officer in rank attending, to the commissary in the same months in 'every year as is prescribed by this act, for returning company-fines, and under to commissary. the same penalty as is herein provided, of irregular returns of company-fines, and to be sued for in like manner, and to be chargeable to the commissary by the auditor on settlement as hereinbefore provided, with regard to commanding officers of companies. The officer highest in rank attending, to make returns Penalty on persons who behave disorderly while on duty. Court-martials &c. SECT. 30. And be it further enacted, That any commanding officer, non-commissioned officer, and private of militia, who shall be disorderly or disobedient, or guilty of unmilitary conduct on a muster or training day, or at any other time when on duty, if a commissioned officer, shall be put under arrest by the commanding-officer, or tried by a court-martial and may be cashiered; if a non-commissioned officer or private behaves disorderly, or is guilty of unmilitary conduct, he or they shall be confined during the time of said muster or training, at the discretion of his officers, and shall be fined not exceeding three dollars, nor less than one dollar, at the discretion of a court-martial. SECT. 31. And be it further enacted, That the Goto be appointed, vernor or commander in chief shall appoint courtmartials for the trials of all officers, above the rank of captain. That the major-general or the commandants of brigades shall appoint court-martials, for the trials of captains and all officers under that rank, agreeable to the rules established by the Congress of the United States, and it shall be the duty of every officer, who shall appoint a court-martial, to СНАР. XLII. 1799 der arrest to approve or disapprove of every sentence of such court martial by them appointed, and the officer who shall appoint a court-martial, shall at the same time appoint a judge advocate, whose duty it shall be im- Judge advocate, partially to state the evidence, both for and against his duty. the officer or other person, under trial, take accurate minutes of the evidence and all proceedings of the court, all of which he shall transmit, with the judgment of the court thereon under seal, to the officer whose duty it is to approve or disapprove of such judgment; every officer put under an arrest or suspended from command, shall have a copy of the Officer put uncharges exhibited against him, ten days before the have a copy of sitting of said court, and in case any officer, for the the charges atrial of whom a court-martial shall be appointed, shall gainst him, &c. neglect to appear unless in case of his sickness or unavoidable accidents, which he shall make appear to the satisfaction of said court, and make his defence, he shall be deemed by said court, guilty of the charge and sentenced accordingly. All courtmartials shall be carried on in day-time, and when the members shall be required to give their votes on a question of decision, they shall begin with the youngest in commission first. All persons shall be holden to appear to give evidence before a court. Penalty on permartial under the same penalties for neglect, as are glect to attend by law provided for witnesses in other cases, when as witnesses; summoned by a justice of the peace; and if any su baltern or private, shall refuse or neglect to serve on a court-martial, when duly noticed thereof, he shall be fined, if a subaltern two dollars, and if a private one dollar, to be returned and recovered as other martial. company-fines, unless excused by the commanding officer of the company. sons who ne or refuse to serve on a court SECT. 32. And be it further enacted, That all court- Court-martials martials, for the trial of non-commissioned officers and for the trial of privates. privates, shall be appointed by the captain or commanding officer of the company, which shall consist Repealed 3d of one subaltern and four privates, the subaltern to be president thereof; and at such court-martial, no vol. 170. CHAP. 1799 Penalty on permeet in volunteer companies. sons, who shall Commissioned officers to be person shall be excused unless it is made appear to the satisfaction of the said court, by the testimony of a disinterested witness, that he was prevented from attending and doing duty by sickness of himself, family, or other unavoidable circumstances, of such a nature as to require his personal attention. SECT. 33. WHEREAS obedience to the laws, is the first duty of every man in a free government, and those laws, which put the means of defence and protection into the hands of the citizens themselves, require more particularly the aid and support of those, who value true liberty; and whereas the assembling of bodies of armed men in volunteer corps, independent companies, or under any other name, who do not acknowledge the legal military authority, and refuse to submit to the same, is dangerous to the liberties of the people, and calculated to overturn the militia establishment of the State: Therefore, Be it enacted, That if any person or persons within this State, shall raise, embody or enrol, any man or number of men, in any volunteer corps, independent company, or under any other name, or for any purpose whatsoever, which is not sanctioned by the laws of this State, or of the United States, he or they so raising, embodying, or enroling, and the person or persons so raised, embodied, or enroled, shall be deemed and taken to be guilty of a high misdemeanor, and shall be liable to be prosecuted, and punished for the same by indictment, or information before any Court of record within this State: And on conviction therefor, shall be sentenced to pay a fine not exceeding one hundred dollars, and to be imprisoned not exceeding three months, at the discretion of the court; and the fine or fines so imposed, shall be paid into the hands of the military commissary of the county where the offence was committed, to be applied in the purchase of arms, for the use of the established militia. SECT. 34. And be it further enacted, That the commissioned officers of every regiment shall be called called out, twice out twice a year, in the months of May and September annually, by order of the commanding officer of a year, to be trained; СНАР. XLII. 1799 3. vol. 170. Repealed in rated into one company. each regiment through the medium of the adjutant of the same, to be by him trained and exercised, agreeable to the rules herein laid down, under the inspection of the field officers of the respective regiments, the time of meeting to be fixed by the colonels of the several regiments, and the place to be their usual regimental parade-ground; and it shall and may be lawful for the said adjutant or exercising to be incorpoofficer, to incorporate the officers thus assembled, into one company, and put them through all the va rious evolutions of military tacticts as laid down and established in Baron Steuben's military discipline; and the said exercising officer may detain them on duty in the field, any time not exceeding six hours, provided they are not kept above three hours on duty, at any one time without allowing them a proper time Penalty for nonto refresh themselves: Those who neglect to attend, attendance. or attending, refuse to be exercised in the manner herein pointed out, shall be fined in any sum not exceeding five dollars, at the discretion of a regimental court-martial. The Militia not to be ordered on water, SECT. 35. And be it further enacted, That in case any part or classes of the militia of this State shall be called into actual service, that it shall not be lawful for the commanding officer of the same, or any other whatever, to call, send, or order them upon water to oppose any ship or vessel armed with cannon, except in the particular case of acting as marines on board of one armed vessel against that of another; and then only except in cases under the most pressing emergency and unavoidable of emergency. necessity. Secretary to with a number SECT. 36. And be it further enacted, That after the passing and publishing of this act, that the secretary furnish the Briof State shall furnish each brigadier general, or com- gadier generals manding officer of brigade, of the several counties, of copies of this with a sufficient number of copies of this act, to ena- law. ble him to distribute a copy to every commanding officer of regiment, battalion and company, in his brigade, which he is hereby requested to forward to said officers, who are hereby required and enjoined, without delay, to procure for themselves an exact copy of the late edition of Baron Steuben's military discipline. |