vacancy, and liable to perform the duties required by this act, and for neglect therein, shall incur the penalties annexed thereto.

ure commanding

rested.

20. It shall be the duty of every commanding officer of a regi- Militia to be exerment, battalion or company, at their respective musters, to cause the cised, and for failmilitia to be trained and exercised, agreeably to the mode of disci- officer to be arpline prescribed by congress, under pain of being arrested and tried for breach of duty; and for this purpose the said officers are hereby authorized to order the most expert and fit officer in their respective commands to perform the duty.

ficers to be assem

spector.

be called, and de

21. And in order that a knowledge of the rules of discipline may Commissioned of be more readily obtained, Be it enacted, That the commissioned bled and trained officers of the several regiments shall meet once in every year within by the brigade intheir respective regimental districts, for the purpose of being trained and instructed by the brigade inspectors, the days and places of meeting to be fixed on by the commanding officer of the brigade to which the regiments belong. The officers thus assembled shall each continue three days, and no longer, every time they are so called out. The eldest officer present shall call the roll on each When met roll to day, and report the delinquencies to the succeeding regimental court linquent fined. of enquiry; and every officer failing to attend such meeting on being summoned, not having a reasonable excuse, to be adjudged of by the court of enquiry, shall forfeit and pay for each day which he shall fail so to attend, five dollars, to be appropriated as the other Fines appropri fines are by this act: Provided always, That where there is more than one regiment in a county, all the commissioned officers of the respective regiments in such county shall meet together at such place as may be appointed by the commanding officer of the brigade, for the purpose of being trained and instructed pursuant to this act.

ated.

to be furnished

22. And to the end that a general knowledge of the rules of dis- Rules of discipline cipline established by congress in their resolution of the twenty-commissioned offininth day of March, one thousand seven hundred and seventy-nine, cers. may be diffused, the executive is hereby authorized and required, if the same shall not have been already done, to procure and have a sufficient number of copies of the said rules printed and bound in boards, to afford to every commissioned officer of the militia, one copy, and cause them to be delivered to the commanding officers of brigades, to be by them duly distributed without delay; and upon In case of incapathe death, resignation or removal of any officer, the book delivered city the rules to him shall revert to the public, and be returned to the commanding officer of the regiment, to be by him delivered to the officer filling the vacancy occasioned by such death, resignation or removal. And for defraying the necessary expence thereof, the executive shall draw on the contingent fund.

be returned.

officers to be ar

23. Any officer who may be guilty of disobedience, or other mis- For misconduct, behaviour, when on duty, or shall, at any time, be guilty of any rested. conduct unbecoming the character of an officer, shall be put under arrest by his commanding officer, and tried as hereafter shall be directed.

ed officers and sol

24. If any non-commissioned officer or soldier shall behave him- Non-commissionself disobediently or matinously when on duty, or before any court diers, how punishor board directed by this act to be held, the commanding officer, ed for misconduct. court or board, may confine him for the day, and he may moreover

be fined, at the discretion of the court of enquiry, in any sum not

I

Bystanders may

be confined for improper conduct.

Lieutenant colo

De coming ficer, to be fined

or of

for neglect of duty.

exceeding ten dollars, to be appropriated as other fines imposed by

this act.

25. If any bystander shall interrupt, molest or insult, any officer or soldier while on duty at any muster, or shall be guilty of like conduct before any court or board, the commanding officer, or such court or board, may cause him to be confined for the day.

26. And for enforcing obedience to this act, Be it enacted, That the following forfeitures and penalties shall be incurred for delinquencies, viz: by a lieutenant colonel commandant, or commanding officer of a regiment, for failing to take an oath, to summon any court or board, to attend any court or board, to transmit any recommendation of an officer or officers to the governor, to deliver a commission or commissions, to appoint a battalion muster, or failing to give notice of a regimental muster, to report delinquencies, to make returns of his regiment, as by this act directed, shall, for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars; for failing or refusing to receive the arms and delivering them out, as hereafter directed, a sum not exceeding five hundred dollars; for failing to send into actual service any militia legally called for, or to turn out his militia upon any invasion or insurrection of his county, three hundred dollars; for failing to apMajor to be fined pear while on duty in full uniform, ten dollars; by a major, for failfor similar neglect. ing to take an oath, to summon any court or board, to attend any court or board, to give notice of any regimental or battalion muster, to examine his battalion, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding thirty dollars; for failing to call forth from his battalion with due dispatch, any detachment of men or officers, as shall be required from time to time by the commanding officer of his regiment, on any call from the governor, invasion of, or insurrection in, his county, or requisition from any neighbouring county, one hundred and fifty dollars; for failing to receive and deliver the public arms as hereinafter directed, a sum not exceeding two hundred and fifty dollars; for failing to appear while on duty in full uniform, seven dollars. By a captain, for failing to take an oath, to attend any court, to inroll his company, to appoint private musters, to give notice of a regimental or battalion muster, to attend any muster, to call his roll, examine his company and report delinquencies, or to allot his company into divisions from one to ten, for a regular rotine of duty, or to make any return as directed by this act, he shall forfeit and pay for each and every offence and neglect, a sum not exceeding twenty dollars; failing to call forth such officers and men, as shall from time to time be legally called from his company, upon any call from the governor, invasion of, or insurrection in the county, or requisition from an adjacent county, or failing, on such occasion, to repair to the place of rendezvous, he shall forfeit and pay seventy-five dollars; for failing to receive any arms as hereinafter directed, or to give a receipt therefor, failing to distribute them, and take receipts for the same, to make any report concerning the said arms, or to deliver the same, according to the directions of this act, for each and every offence, failure or neglect, he shall forfeit and pay a sum not exceeding fifty dollars; for failing to appear while on duty in full uniform, three Subalterns fined dollars. By a subaltern officer, for failing to take any oath, to atfor neglect of duty. tend any court or muster, armed as directed, for each and every such

Captain to be fined for like neglect.

offence, he shall forfeit and pay a sum not exceeding ten dollars; failing to repair to the place of rendezvous, armed as required, when ordered, upon any call from the governor, invasion of, or insurrection in the county, or requisition from a neighbouring county, he shall forfeit and pay fifty dollars; for failing to comply with the directions of this act, (so far as the same relates to the public arms) defining the duties of captains of companies, when such captain shall be absent, and the command of such company shall devolve on such subaltern, he shall forfeit and pay, for every such neglect or failure, a sum not exceeding fifty dollars; for failing to appear while on duty in full uniform, two dollars: Provided, That no offi- Proviso. cer shall be subject to a fine for failing to appear in uniform, until three months after he shall have qualified to his commission. By a non-commissioned officer, or soldier, for failing to repair to the place of rendezvous, when ordered, upon any call from the governor, invasion of, or insurrection in the county, or requisition from a neighbouring county, he shall forfeit and pay a sum not exceeding eighty dollars, to be adjudged of and determined by their respective battalion courts of enquiry; and moreover, shall be inrolled in the class destined to perform the next tour of duty; and moreover, the said officers for any of the said offences shall be liable to be arrested and tried for the same as military offenders. Any non-commissioned offi- Penalty for neglect cer or private, failing to attend at his regimental, battalion or company of duty by a nonmuster, armed and equipped as the law directs, shall forfeit a sum not cer or soldier. less than seventy-five cents, nor more than one dollar and twenty-five cents; and for refusing to receive any arms, when offered, for failing to keep the same in order, as hereinafter directed, or to return the same when legally required, for each and every such failure or neglect, he shall forfeit and pay one dollar. If any non-commissioned offi- Court martial may cer or private shall be returned as a delinquent, in not appearing armed and accoutred as the law directs, the court martial before whom the same shall be tried, may, if it shall appear reasonable, remit the fine incurred by him: Provided, Every such delinquent, Proviso. who hath a firelock of any kind, shall make it appear that he brought the same to muster: And provided also, That the commanding officers of companies shall not return any such non-commissioned officer or private, for failing to appear with a firelock at the muster, if it shall appear manifest to him, that he does not own or possess any. Any private on the ground at a regimental, battalion or company muster, who shall refuse to go into the ranks when required, shall forfeit and pay four dollars.

commissioned offi

remit such fines.

be held for the

rested.

27. And whereas it is necessary that certain tribunals be insti- Courts martial to tuted for the trial of offences, as they are to be viewed in a military trial of officers. light, and for enquiring into certain delinquencies and assessing fines: Be it enacted, That the governor or commanding officer of Generals, by the militia of this state, shall have power, for misconduct within whom to be arhis own knowledge, or upon complaint lodged in writing by any commissioned officer, to arrest and order a court martial of the state for the trial of the adjutant general, a major general or brigadier general, to be composed of one major general, not more than four Officers necessary brigadier generals, and as many lieutenant colonels commandant martial for their and majors, as shall make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so tried, which sentence shall be final, saving an appeal to the execu

to compose a court

trials.

Lieutenant colo- tive.

nel commandant,

ed.

their trials.

Appeals may be made to the executive.

terns, by whom to be arrested.

And any major general or brigadier general, for misconduct aid-de-camp, bri- within their own knowledge, or upon complaint lodged in writing gade inspector, by any commissioned officer, shall have power to arrest any lieutemajor, &c. by whom to be arrest- nant colonel commandant, aid-de-camp, brigade inspector and maCourt martial for jor, or any other inferior officer; and the commanding officer of the division shall order a court martial for the trial of such lieutenant colonel commandant, aid-de-camp, brigade inspector or major, to be composed of one brigadier general, and as many lieutenant colonels commandant, majors and captains, as shall make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier such officer; which sentence shall be final, saving to the party an appeal to the executive. And any brigadier general, lieuCaptains or subal- tenant colonel commandant, or major, for misconduct in any captain or subaltern within his own knowledge, or upon complaint lodged in writing by any commissioned officer, may arrest such Court martial for captain or subaltern; and the 'brigadier or commanding officer of the brigade, shall order a brigade court martial for the trial of such captain or subaltern, to be composed of one or more field officers, and a sufficient number of captains and subalterns, to make up a number not less than thirteen; and such courts martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so tried; which sentence shall be and commanding final, saving to the party an appeal to the executive; and the power officer's power to of the commanding officer of the brigade or division to affirm or reverse such sentence, is hereby abolished. And in all cases of apParty appealing peal, the party making the appeal may demand of the clerk or judge may obtain and lay advocate of the court martial a full copy of the proceedings had tive proceedings of thereon, to be laid before the executive, who shall determine agreeable to the right of the case; and for obtaining the necessary evidences for the trials aforesaid, the commanding officer of the state, division or brigade (as the case may be), shall issue his summons; Penalty for failing and every person so summoned, failing to attend, shall be subject to,

their trials.

Appeals may be made to executive,

affirm or reverse such sentence abolished.

before the execu

their trials.

to attend when

summoned.

Mode of proceed

officers.

stituting a court martial.

and may be tried by, a court martial; and if an officer, may, at the discretion of the court martial, be cashiered or fined, not exceeding six months pay, as by law allowed; and if a non-commissioned officer or soldier, to be reported to the court of enquiry of the regiment to which he shall belong, and be then subject to such fines and penalties as they may think proper to inflict, not exceeding six months pay.

28. And be it further enacted, That the said courts martial shall, ing in the trial of in the trial of any officer, proceed according to the rules and articles of war as established by a resolution of congress, except when any officer shall be tried for any offence committed while not in actual service, the officers convened for his trial shall, instead of the Oath to be taken oath prescribed by the said articles, take the following, viz: "1, A. by each officer con- B., do swear, that I will well and truly try and determine, according to the evidence, the matter now depending between the commonwealth of Virginia and C. D. under an arrest; and that I will duly administer justice according to law, to the best of my knowledge, without partiality, favor or affection; nor will 1, upon any account, at any time whatsoever, discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness by a court of justice, or in due course of law: So help me God." Which said oath shall be administered by

1

the judge advocate to all the members of the court martial, and the president of such court shall thereupon administer the following oath to the judge advocate, to wit: "You, A. B., do swear that you will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness by a court of justice, or in due course of law: So help you God."

witnesses for at

martial.

29. And be it further enacted, That every officer attending such Compensation alcourt martial for the trial of any arrested officer, shall receive such lowed officers and compensation as if they were in actual service, allowing one day tending such court for every twenty miles they shall necessarily travel in going to and returning from the place appointed for such trial, and the time they shall actually attend; and every witness summoned and attending, shall be allowed the same compensation as witnesses in the district courts. Which attendance of the said officers and witnesses shall How paid. be certified by such court, if any shall be holden, if not by any five officers summoned to attend as aforesaid, and paid out of the contingent fund.

ment of fines,

30. And be it further enacted, That there shall be battalion Courts for assesscourts of enquiry, to be appointed by the commanding officer of the when and where to battalion, for the assessment of fines incurred under this act in such be holden. battalion, and such courts of enquiry shall be held within fifteen days after each regimental muster, and to consist of the commanding officer of the battalion and the commanding officers of companies, or a majority of them, who shall take the following oath, to be administered by the presiding officer, and afterwards by any other officer of the said court, to him, to wit: "I,

ment of fines in

will truly Their oath. and faithfully enquire into all delinquencies which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favor, partiality or affection: So help me God." The commanding officer of the battalion shall then lay before the said court all delinquencies as directed by this act; whereupon they shall proceed to hear and determine. And there shall more- Courts for assessover be a regimental court of enquiry in each year for the assess-curred by officers ment of fines incurred by the officers of the regiment; and such when to be held. court of enquiry shall be held by appointment of the commanding officer, in not less than ten days nor more than twenty days after the last battalion court of enquiry, to consist of the commanding officer of the regiment, battalions and companies, or a majority of them, who shall take an oath in manner and form as prescribed above; the commanding officer of the regiment shall then lay before the said court all delinquencies as directed by this act; whereupon they shall proceed to hear and determine. It shall be the How fines duty of the presiding officer of each and every such court of enquiry, to return to the next regimental court of enquiry all delinquent officers failing to attend the preceding court, and such regimental court may, for good cause shewn, remit or moderate any fine imposed by the two preceding battalion courts, or the preceding regimental court of enquiry. The said court may also exempt any militiaman from duty, on account of bodily infirmity, and may again direct such person to be inrolled when able to do duty.

may be remitted, and in

firm persons exempted from mili

tia duty.

appoint a clerk

31. The respective regimental courts of enquiry, where it has not The courts shall already been done, shall at their first court to be held under this act, and provost marappoint by ballot, a clerk and provost martial, who shall attend the tial." courts herein before directed to be held. Such clerk shall keep a Their duty.