Volunteers how organized. Standing companies not to be reduced be low sixty-four. Orders and re regiments. Volunteer com obey all such orders relative to carrying into execution and perfect- Each battalion of cavalry or artillery shall consist of not less than two nor more than three companies, and each regiment of cavalry or artillery of not less than four companies; and whenever the companies of artillery, cavalry, light infantry, riflemen or grenadiers shall not exist in sufficient numbers or shall be so located as to render such separate organization expedient in the opinion of the commander in chief, they shall remain attached to the several regiments of infantry to which they now belong. 1809, 108, § 14 & 15. 1834, 152 § 3. SECT. 14. No company of cavalry, artillery, light infantry, grenadiers or riflemen shall be raised at large in such a manner as to reduce the number of privates in any of the standing companies to less than sixty-four, and no officer of cavalry, artillery, light infantry, grenadiers or riflemen shall enlist any men belonging to a standing company when the number of privates in such company would be thereby reduced to less than sixty-four. 1808, 109, § 16. SECT. 15. All companies which are attached to divisions or turns of volun- brigades and not to regiments shall be subject to the immediate order teer companies. not attached to of the commanding officers of such divisions or brigades, until they are otherwise organized, and the commanding officers of divisions or brigades shall receive all returns and orders, have all the authority and perform all the duties with regard to such companies, which are prescribed in this chapter to be received, exercised and performed by officers of regiments and battalions with regard to the companies of their respective regiments and battalions. 1809, 108, 16. SECT. 16. If any company raised at large shall at any time be panies refusing destitute of commissioned officers, and having been twice ordered to when to be dis- fill vacancies shall neglect or refuse to fill them, such company may banded. be disbanded and the men who belonged to it shall in such case be enrolled as is provided in section five. 1809, c. 108, § 16. SECT. 17. Every non-commissioned officer and private of any company raised at large shall be holden to do duty therein for the term of seven years from the time of his enlistment, unless such person shall after his enlistment become exempt by law or be discharged as is provided in section nineteen; but no exemption existing at the time of his enlistment shall be in such case an exemption or excuse from military duty therein. 1809, 108, § 34, art. 14. SECT. 18. Every non-commissioned officer and private in any duty in stand- company raised at large shall be exempted from military duty in the ing companies, standing company within whose limits he resides, provided he keeps provided. himself properly armed and equipped and uniformed; and, notified of his enrollment in such standing company, or otherwise requested, produces to the commanding officer of such standing company a certificate from the commanding officer of his own company, that he does to elect officers; Volunteers holden for seven years except. Volunteers exempted from active duty therein, and if any such non-commissioned officer or private remove out of the limits within which his company is raised, he shall continue to be a member thereof, provided he complies with the provisions aforesaid. discharged by 1828, 132. 1825, 153 § 4. Thayer v. Stacy, 3 Pick. 506. SECT. 19. Every commanding officer of a brigade, upon applica- Volunteers how tion of the commanding officer of any company raised at large in his brigadier. brigade, may discharge any non-commissioned officer or private from such company. 1809, 108, § 34, art. 14 and 15. SECT. 20. Each brigadier general may raise by voluntary enlist- Brigade bands. ment and organize within his brigade a band of music, not to exceed twenty-four musicians including one master and two deputy masters, and may divide such band into sections, not exceeding three, and establish them in such parts of his brigade as he may think most for the good of the service and may grant to the master, deputy masters and privates warrants as such; and such band shall be under the direction and command of such commanding officer. The master and deputy masters shall teach lead and command such band, and issue all orders directed by said commanding officer, and the said commanding officer shall order at least one section of said band to attend at each regimental review within the brigade. And each member of such band shall provide himself with such uniform as may be directed by the commander in chief, and keep himself provided with such instrument or instruments as may be directed by the commanding officer of the brigade; and for any neglect, deficiency or misconduct shall forfeit such sums as are prescribed in such case in section one hundred and four, and may be dismissed from the band by the commanding officer of the brigade. 1809, 108, 17. SECT. 21. Each company of artillery may enlist three men to Artillery driv serve as drivers. 1809, 108, 14. HOW OFFICERED. SECT. 22. The officers and non-commissioned officers of the militia shall be such as are described in this section : A commander in chief. An adjutant general, and a quarter-master general, with the rank of brigadier general. Aids to the commander in chief, not exceeding four in number, with the rank of lieutenant colonel. ers. General Staff. To each division there shall be one major general and two aids de Division officamp, with the rank of major; one division inspector, with the rank cers. of lieutenant colonel; one division quarter master with the rank of major; one judge advocate, with the rank of major. To each brigade there shall be one brigadier general; one brigade Brigade offiinspector, with the rank of major, to serve also as brigade major; cers. one brigade quarter master, with the rank of captain; one aid de camp with the rank of captain. officers. To each regiment there shall be one colonel; one lieutenant colo- Regimental nel; and one major; one adjutant, one quarter master, and one paymaster, each with the rank of lieutenant; one surgeon; one surgeon's mate; one chaplain; one sergeant major; one sergeant quarter master; one drum major; one fife major. Battalion officers. Company offi cers. In cases of va and absence, mand. To each separate battalion there shall be one major; one adjutant and one quarter master, each with the rank of lieutenant; one surgeon; one sergeant major, and one sergeant quarter master. To each company of infantry, light infantry, or riflemen, there shall be one captain; one lieutenant; one ensign; four sergeants; four corporals; one or more fifers, or buglers; and one or more drummers. To each company of artillery, there shall be one captain, two lieutenants, four sergeants, four corporals, one or more drummers, and one or more fifers. To each company of cavalry there shall be one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one or more trumpeters. To every two or more companies of cavalry, artillery, light infantry, or riflemen, in a brigade not attached to any regiment, there shall be one surgeon. To every company there shall be one clerk, who shall be one of the sergeants. Provided nevertheless, that every corps organized before the 8th day of May, in the year 1792, shall continue to be officered as before that time. Laws of the United States, May 8, 1792. March 2d, 1803. April 18, 1814. April 20, 1816. 1809, 108, § 3, 4, 5, and 8. 1814, 73, § 1 and 2. 1814, 57. SECT. 23. Whenever the office of major general, brigadier gencancy, sickness, eral, colonel, major, commandant, or captain shall be vacant, or such who shall com- officer shall be sick or absent, the officer next in rank shall command the division, brigade, regiment, battalion, or company, until the vacancy be supplied. And whenever the office of quarter master general shall be vacant, the duties thereof shall be performed by the adjutant general. 1809, 108, § 13. 1820, 85. Companies without com missioned or non-commis how command ed. SECT. 24. Whenever a company shall have neither commissioned nor non-commissioned officers, the commanding officer of the regiment or battalion to which such company belongs shall appoint sioned officers, suitable persons within said company to be non-commissioned officers of the same, and shall appoint one of the non-commissioned officers to be clerk, and endorse the appointment on his warrant, and administer and certify the oath to him as required by sections fifty-one and sixty-six. And the senior non-commissioned officer of a company without commissioned officers, shall command the same, except upon parade, and except as is provided in the next section. Companies without officers refusing to manded. SECT. 25. Whenever any company shall be first enrolled, or shall be without officers from any cause whatever, and an election of elect, how com- officers shall be ordered, and such company shall neglect or refuse to elect any officer, or no persons elected shall accept, the commanding officer of the regiment or battalion to which such company belongs shall detail some staff or platoon officer of the regiment to train and discipline said company until some officer shall be elected or appointed by the commander in chief, as provided in section fifty-nine. And such officer shall have the same power and authority, and be subject to the same liabilities, as if he were captain of such company. All meetings of such company shall be notified as provided in Meetings how notified. |