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Battalions and re. giments.
How field officers shall be appointed
shall compose another division. The counties of Henry, Patrick, Franklin, Campbell and Bedford, shall compose one brigade; the counties of Pitsylvania, 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, Cuinberland and Buckingham, one brigade; and the said brigades shall compose another division.
2. And be it further enacted, That the several counties and corporations within this commonwealth, shall constitute the battalions, portions of battalions, regiments or portions of regiments, as now established: Provided, That it shall be lawful for ihe executive to consolidate and divide regiments in the several counties, as circumstances may require.
3 And be it further enacted, That there shall be an adjutant and commissioned. general for the militia of the state, a major general to each division,
and a brigadier general 10 each brigade, to be appointed by joint ballot of both houses of the general assembly, who shall reside within the limits of their respective commands. Each major general shall appoint his own ajd-de-camp, and each brigadier his own brigade inspector. The brigade inspectors shall reside within the Jimits of the brigades for which they are appointed. And the governor with the advice of council shall commission the several major generals, brigadier generals, and the adjutant general, who may be hereafter appointed pursuant to this act; and all vacancies hereafter accruing in any of the said offices, shall be supplied by appointments in like manner to be made.
4. And be it further enacted, That the governor with the advice of council shall be, and he is hereby authorized and required, to appoint and commission to each division, one lieutenant colonel commandant and iwo majors, to command the several companies of artillery and cavalry (as the case may be,) annexed to each divi. sion, and to arrange such companies of artillery into regiments and battalions, in such manner as to them may seein most convenient, to be denominated the regiment and
battalion of the Commanding offic
regiment of artillery or cavalry (as the case may be), and cers of artillery all returns of the strength and state of the several companies of and Cavalry to
artillery and cavalry, shall be made by the commanding officers of the several regiments, battalions and companies, under the like rules, regulations and penalties, as are by law directed with respect to the rest of the militia.
5. And be it further enacted, That where it has not already meod the necessa- been done, the courts of the several counties and corporations shall, .
from the field and other officers who hold commissions in the militia, proceed to recommend to the executive the officers necessary to complete the regiments, battalions and companies pursuant to this act; and the persons so recommended shall be commissioned by the governor, agreeably to the constitution of this state. And all vacancies thereafter happening in the said offices of the militia, shall be supplied by appointment of the governor with the advice of the council, or recommendation from the court of the respective county or corporation where such vacancy happens, any thing in
any act to the contrary notwithstanding. Who shall be con
6. All persons who hold commissions under the late militia laws sidered supernu- of this state prior to the year one thousand seven hundred and merary officers.
ninety-five, and who have not been recommended by their respec
Courts to recom
tive courts, shall be considered as supernumerary officers, but may be recommended to supply vacancies hereafter bappening in the officers of the militia ; and in case any supernumerary officer so recommended, shall, on such recommendation, refuse to serre, such officer shall no longer avail himself of his former commission, so as to claim an exemption from militia duty.
7. And be it further enacted, That each and every officer who Officer to take an may be hereafter appointed and commissioned in manner aforesaid, shall
, previous to his entering on the execution of his office, take the following oath (to be administered by 'a justice of the peace, or the court of the county or corporation in which such officer resides), to wit: “I,
do swear, that I will be faithful and true to the commonwealth of Virginia, of which I profess myself to be a citizen, and that I will faithfully and justly erecute the office of
in the militia thereof, according to the best of my skill and judgment : So help me God.” If the said oath be administered by a justice of the peace, it shall be his duty to certify the same to the court of his respective county or corporation, there to be entered of record by the clerk.
8. It shall be the duty of the executive to number by ballot, Divisions, bri: where the same has not already been done, the several divisions, ments to be numbrigades and regiments, and cause the same to be registered in the berud. office of the adjutant general; and every commission hereafter issued by the governor as aforesaid, shall express the number of the division, brigade and regiment respectively, to which the person obtaining the same shall belong.
9. Where commanding officers of regiments have failed to lay off Districts to be their regimental, battalion and company districts, or where any al-corded. teration in districts actually laid off may hereafter be found necessary, commanding officers of regiments shall assemble the commanding officers of battalions and companies, at some fit and convenient place, and may proceed to lay off or alter any such regimental, battalion or company district, which districts shall in all cases be designated by certain lines and bounds, and recorded by the clerks of the courts of enquiry respectively.
10. And be it further enacted, That where it has not already Men allotted for been done, it shall be the duty of the commanding officers of conpanies to proceed forthwith to divide their companies into divisions by ballot from one to ten, for the purpose of a regular rotine of duty when called into actual service; and 10 return a roster of each division and its number in rotation, within fifteen days thereaster to the commanding officer of his battalion, who shall forthwith transınit the same to the commanding officer of the regiment, who shall direct the same to be recorded by the clerk of the court of enquiry. The same regulations shall be observed by every commanding officer of a company, battalion and regiment, on the subsequent inrollment of any person therein, unless such person shall produce a certificate of his having been before drawn for the above purpose, in which case he shall be inrolled accordingly, and every A militiaman ro; miliciaman removing out of the bounds of one company into ano- bounds of his comther, shall apply to the commanding officer of the company to which pany shall obtain
a certificate. he did belong, who shall give him a discharge, certifying the class wherein he was arraigned, and whether he had performed his tour of duty or not, and also the time and date of such service; which certificate the said militiaman shall produce to the captain or com
allot entire com
manding officer of the company into whose bounds he shall so have removed, within ten days after bis settlement; and such officer is hereby required to inrull him in the numerical class specified therein; and every militiaman so removing and failing to produce
such certificate, shall be arraigned and inrolled in the class destined Penalty for an offi- to perform the next tour of duty. And if any captain or comcer refusing such certificale. manding officer of a company, shall refuse to grant such certificate
upon application to bim made for that purpose, he shall, for such refusal, incur a penalty of thirty dollars, to be assessed and applied
as other fines imposed by this act. Governor, &c. to 11. And be it further enacted, That the governor with the adpanies of artillery, vice of council, shall and may cause the several companies of arcavalry, &c. for actual service.
tillery, cavalry, grenadiers, light infantry and riflemen, to be allotted by entire companies into divisions from one to ten, for a regular rotine of duty; and the said companies shall in future be called into actual service by entire companies, in such manner and proportion as the rest of the militia, or as the cature of the service may require; and all such allotments shall be returned to the of
fice of the adjutant general to be recorded by him. Who shall be ex. 12. And be it further enacted, Thal the members of the counempt from militia duly.
cil of state, judges of the superior courts, clerks of both houses of the general assembly, clerks of the superior and inferior courts, the attorney general, the treasurer and his clerks, the auditor of public accounts, the register of the land office, and their clerks, all inspectors of tobacco, all professors and tutors and students of the college of William and Mary, and all other public seminaries of learning, all ministers of the gospel licenced to preach according to the rules of their sect, who shall have previously taken, before the court of their county, the oath of fidelity to the commonwealth; keepers of the public, district and county jails, and of the public hospital; millers actually and necessarily employed in the management of water grist mills, legally established; all ferrymen actually and necessarily employed as such, shall and they are hereby exempted from the performance of all and any part of the
duties required by this act : Men to be inrolled. 13. And be it further enacted, That the commanding officers
of companies shall inroll every able-bodied white male citizen, between the ages of eighteen and forty-five, except such as are exempted by this act, resident within his districi; and that in all cases of doubt respecting the age of any person inrolled or intended to be inrolled in any company of militia, the party ques. tioned shall prove his age to the satisfaction of a majority of the
officers of the company within whose bounds he may reside. Volunteers to be
14. And be it further enacted, That the governor with the adbattalion. vice of council, or on the recommendation of the county or cor
poration courts, shall issue commissions for at least one captain, one licutenant and one ensign, to each battalion, who shall proceed by voluntary enlistment within their battalion to inroll a sufficient number of men 10 compleat their company or companies, and be distinguished by the denomination of grenadiers, light infantry or
riflemen, at the discretion of the commanding officer of the regi. One troop of ca ment; and the governor shall moreover as aforesaid, issue commisvalry to ench regi- sions for officers of one or more troops of cavalry to each regiment, company of artil. and with the advice of council at their own discretion, to appoint lery to each bri gade at least. and commission the necessary officers for one or more companies
enlisted for each
of artillery in each brigade; which said officers of cavalry and ar-
company of artillery, (as the case may be). The said companies of grenadiers, light infantry Their aniforme. or riflemen, shall wear, while on duty, such caps and uniforms as the executive shall direct, to be purchased out of the money arising on delinquents, and shall, together with the said troops of cavalry and companies of artillery perform the same roline of duty, and be subject to the same rules, regulations and orders as the rest of the militia. The said light companies shall constitute a part of the Such companies battalion in which they are raised, and the said troops of cavalry the battalion in and companies of artillery shall parade with the regiment out of which they are which they have been enlisted : Provided, That where there are proviso. more than one regiment in any county, and but one such troop or company, the brigadier general of the brigade of which such county is a part, shall direct with which of the said regiments the said troop or company shall parade. And where two, troops of cavalry are attached to one regiment, one troop shall be annexed to each battalion by the commanding officer of such regiment. All Oficers failing to and every officer appointed as herein before directed to command complent their in any of the volunteer companies, who shall fail to compleat his time may bo dis. quota within six months after receiving his commission, shall, at the discretion of the executive, (un!ess good cause is shewn to the contrary) be discontinued : Provided, That no person enlisting in any of the said volunteer companies, shall be compelled to serve therein more than five years.
15. And be it further enacted, That there shall be a muster of Volunteers to each troop of cavalry and company of artillery once in every two muster every two months, except the months of January, February, March and December in every year; and it shall be the duty of the commanding Delinquents to be officer of every such troop or company, and they are hereby required, at each and every muster, to call his rolí, examine every person belonging thereto, and note down all delinquencies occurring therein, and make return thereof on oath to the commanding officer of the regiment within whose bounds such delinquent may reside, to be reported and proceeded against in like manner as other delinquents; and it shall be lawful for any commissioned officer of cavalry or artillery to sit in any court of enquiry and assessment of fines, to which any person in their respective companies is reported a delinquent: Provided, That not more than one such officer sit in any such court at the same time.
16. There shall be a muster of each company of militia, including Militia to muster the light companies, once in every two months, except the months every two months. of December, January, February and March, in every year, at such times and places as the regimental courts of enquiry shall from time to time direct and appoint. And there shall be a muster of each battalion in the month of May in every year, to be appointed by the commanding officer of the regiment to which such battalions respectively belong, at such place as he deems most convenient within the battalion district; and there shall be a muster of each regiment Regimental musin the month of October or November in every year, to be ap- ber or November.
at company mus
pointed by the commanding officer of the brigade to which such regiments respectively belong, at such place as he shall think most couvenient within the regimental district; which said company,
battalion and regimental musters shall continue one day and no Notice thereof to longer. The time and place of such regimental musters shall be be givea to offi.
notified to the commanding officers of regiments forty days previous thereto; the commanding officers of regiments shall give notice to the coinmanding officers of battalions of the time and place of regimental and battalion musters, at least thirty days; and the commanding officers of battalions, to the commanding officers of companies, at least twenty days; and the commanding officers of companies to their serjeants, at least ten days; and the serjeants to each person in their companies, at least three days before such muster. The notices given by the commanding officers of brigades, regiments and battalions, shall be in writing delivered to each person to be notified, or left at his usual place of abode; and every serjeant failing to give notice agreeable to this act, shall forfeit and pay for every offence three dollars; nevertheless, all notices publicly given by the commanding officers of companies at their respec
tive musters, of any subsequent muster, shall be held and deemed Proviso. as legal notice: Provided, That nothing herein contained shall be
so construed as to make notices of company musters-necessary.
Every officer and soldier shall appear at his respective muster field Roll to be called on the day appointed, by eleven o'clock in the forenoon. At every muster, the commanding officer of the company shall call bis roll
, ter, and delinquents noturned. examine every person belonging thereto, and note down all delin
quencies accruing therein, and make return thereof at or before the next regimental or battalion court of enquiry, to the commanding officer of his battalion, including those which occurred on the day of his last regimental or battalion muster; and the commanding officers of regiments and battalions shall, at their respective regiinental or battalion musters, as the case may be, take notice of all the delinquent officers, and shall lay the same, together with the returns of delinquencies from the commanding officers of companies, before the court of enquiry under this act to take cognizance
of, and determine on them; and to each of the said returns shall Form of certificate be annexed the following certificate, to wit: “I,
do certify, to be annexed to that the returns hereto annexed contain all the delinquencies which quonts. have occurred since my last return, having duly examined the same.” Returns to be 17. Every commanding officer of a company shall, within ten made after rogi.
days after every regimental muster, make up and report to the commanding officer of his battalion, a return of his company, in such manner and form, as shall be furnished by the proper officer from time to time. It shall be the duty of the commanding officers of battalions to make like returns to the commanding officers of regiments within ten days thereafter, who shall cause the adjutant of his regiment to make regimental returns to their respective brigade
inspectors within twenty days thereafter. Non-commission is. Each caplain or commanding officer of a company shall apose office bud pr. u point to his company, four serjeants, four corporals, a drummer and pointed. fifer, to be approved of by the commanding officer of his battalion. In case of absenco, 19. In all cases of death, absence or resignation, of any major officer nexu in rank general, brigadier general, lieutenant colonel commandant, major, to tako command. captain or lieutenant, the next officer in rank iu his respective com
mands shall be considered as the commanding officer during such
returns of delin.