CHAP. 1799 Free blacks and mulattoes allow mony in crimi ed to give testi. nal cases. tent to give testimony, was or were present at the Passed at Dover, February 1, 1799. CHAP. XL. An ACT for the relief of John Vining, Andrew Barratt, and James Morris, sureties of Thomas Carlisle. Passed February 1, 1799-Private act. CHAP. XLI. A supplement to the act, entitled, An act for raising the sum of twelve thousand dollars by way of lottery, for the erecting piers in the river Delaware, opposite the town of New-Castle. Passed February 1, 1799.-Private act. L 1799 1799 Who shall be whom. CHAP. XLII. An ACT to establish an Uniform Militia throughout this State. W HEREAS a well regulated militia is the natural defence of every free State, and as the laws now existing are found to require material alte rations; it is thought most advisable to revise the whole system, rather than to amend them by supplementary laws: Therefore, SECTION 1. BE it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, and it is hereby enacted by the authority of the same, That the laws heretofore made for the government and regulation of the Militia, be and are hereby repealed: Provided nevertheless, That all arrangements heretofore made of the militia, and all acts done, and all commissions issued, by virtue of the said laws, hereby repealed, which are not inconsistent with the provisions of this act, shall be and remain in force; and all fines, forfeitures, and penalties incurred under the said laws, shall be sued for, prosecuted and recovered, in the same manner as if the said laws were not repealed. SECT. 2. Be it further enacted, That each and every enrolled, and by free able-bodied white male citizen of this State, or any of the United States, residing in this State, who is, or shall be, of the age of eighteen years, and under the age of forty-five years, except as hereinafter excepted, shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizens shall reside; and it shall be the duty of every such captain or commanding officer of a company, at all times hereafter to enrol every such citizen as aforesaid, and also those who shall from time to time arrive at the age of eighteen years, and not excepted by this act, that have or shall come to reside within the bounds of his company, and shall notify such citizens by a proper non-commissioned officer of his compa Notification of the carolment. ny, by whom such notice may be proved; and in all cases of doubt respecting the age of any person enrolled, or intended to be enrolled, the party questioned, shall prove his age, to the satisfaction of the commanding officer of the company within whose bounds he may reside. CHAP. XLII. - 1799 SECT. 3. And be it further enacted, That the Vice- Persons exemp. president of the United States, the officers judicial ted from milita ry duty. and executive of the government of the United States, the members of both houses of Congress, and their respective officers, the members of both houses of the general Assembly of this State, all custom- / house officers and their clerks, judges of the Supreme court, and Court of common pleas, chancelÎor, attorney-general, auditor of accounts, secretary and treasurer of the State, Sheriffs, gaolers and keepers of work-houses, all post-officers and stage-drivers who are employed in the care and conveyance of the mail of the post-office of the United States, all ferrymen employed at any ferry on the post-roads, all inspectors of exports, all pilots, all mariners actually employed in the sea-service of any citizen or merchant within the United States, ministers of religion of every denomination, professors and teachers in colleges,academies,Latin schools, and school-masters having twenty scholars, shall be exempted from military duty, and no other persons. the militia. SECT. 4. And be it further enacted, That the militia Arrangement of of this State shall form one division, and shall be arranged into brigades, regiments, battalions and companies, in manner and form following; the State to make one division, and each county to consist of one brigade, and each brigade to consist of not less than two or more than eight regiments, each regiment to consist of two battalions, and each battalion to consist of five companies, one of which shall be light infantry, grenadiers or riflemen, to be formed of volunteers from their respective regiments, and each company to consist of not more than sixty-four privates, and not less than forty, or as near as may be, having regard to their local situation. There shall be to each brigade at least one company of artillery, and one or CHAP. 1799 How the militia shall be armed. So much of this section as is be tween crotchets 3d vol. 90. Who shall be exempted from furnishing arms. more troops of horse, as the brigadier may think proper, provided they do not exceed one company of each to a regiment, or more than an eleventh part of the infantry which shall be formed of volunteers from their respective brigades. [SECT. 5. And be it further enacted, That in order that the militia may be well armed, equipped and acCoutred, every citizen whose assessment shall amount to the sum of five hundred dollars, that has been, or was repealed by hereafter shall be enrolled and notified thereof, except as hereinbefore excepted, and all young men under the age of twenty-one years, enrolled agreeably to the second section of this act, shall be exempted from furnishing the necessary arms and accoutrements, and from all militia-duties and fines during such minority, except in cases of rebellion or any actual invasion of this State, shall, within a year after the passing of this act, provide himself with a good mus ket, a sufficient bayonet and belt, two spare flints, and cartouch box to contain twenty-four cartridges suited to the bore of his gun, or with a good rifle and shot pouch, and in case of neglect, shall be considered and returned among the absentees:] Provided however, That every non-commissioned officer and private, who now possesses, or who shall possess, before the expiration of the said year, a musket or firelock, shall be obliged to appear on duty with such musket or firelock, whether his assessment be under or above five hundred dollars, under the penalty for neglect, of being considered and returned among the absentees: And after the expiration of the said year, every noncommissioned officer or private who may not have received any public arms, and whose assessment shall not amount to five hundred dollars, but who shall possess a musket or firelock, shall be obliged to appear on duty with such musket or firelock, or be considered and returned as an absentee; the commissioned officers of the infantry shall be armed with a How the officers sword or hanger, and espontoon; and those of the artillery with a sword or hanger, a fusee, bayonet and belt, and cartridge box to contain twelve cartridges; the commissioned officers of the troops of horse shall shall be armed. ما СНАР. XLII. 1799 furnish themselves with good horses of at least fourteen and an half hands high, and shall be armed with a sabre and pair of pistols, the holsters of which shall be covered with bearskin caps; each light horseman or dragoon shall furnish himself with a good horse at least fourteen and an half hands high, a good saddle, bridle, mail pillion, and valise holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and cartouch box to contain twelve cartridges for pistols. The artillery, light infantry, grenadiers and horse shall be uniformly clothed in re- Artillery, &c. to be uniformly gimentals at their own expence, the colour and fashi- clad at their on to be recommended by the brigadier commanding own expence. the brigade to which they shall belong. But the officers and non-commissioned officers and privates of every troop or company of voluntary militia hereafter to be raised, shall be obliged to wear the uniform prescribed by the brigadier, or be considered as not belonging to such company; and all officers hereafter to be commissioned shall likewise uniform themselves in the manner directed by the major-general; every militia-man shall appear so armed and accoutred, when called out to exercise, or into service, (here it is considered that the public find knapsacks and ammunition) and every man so enrolled as aforesaid, and providing himself with arms, accoutrements, &c. shall hold the same exempt from all suits, distress, Arms exempted executions, or sales for debt or payment of taxes: from distresses. Each battalion shall be provided with a stand of colours by the commanding officer of the same, bearing What colours, the United States coat of arms, which standard shall furnished. be borne by the eldest ensign present, and each company, with a drum and fife or bugle horn, by the commissioned officers of the company, each regiment shall have one drum-major and one fife-major, whose business it shall be to attend on battalion and regimental reviews, under the direction of the lieutenant colonels and majors of each regiment; and it shall be the duty of the major of each battalion to cause to be established a school for music in the central parts of each battalion of his regiment, under the direction of A school for the commanding officers of the same, at which place music to be esand time, by previous notice given by the command Shall appear armed on days of exercise. and by whom tablished. |