XXVI. THE commanding officers of regiments fhall caufe to be purchafed, Colours to be procured. out of the money arifing from the fines, a fet of colours for his regiment, and alfo a fet of colours for each battalion in his regiment. He fhall alfo procure in like manner, for each company in his regiment, a drum and fife, or bugle-horn, Drums and fifer, or bu. and on the colours and drums fhall be marked the number of the regiment and gle-horns. battalion, together with the name of the county to which they belong. XXVII. AND be it further enacted, That the governor, with the advice of Militia to be called council, be authorifed and empowered, on any invafion or infurrection, or pro- forth in cafe of invafi bable profpect thereof, to call forth fuch a number of militia, and from fuch on or infurrection. counties as they may deem proper; and for the accommodation, equipment, and fupport of the militia, fo at any time to be called forth, the governor, with the advice aforefaid, may appoint fuch quarter-mafters, commiffaries, and other ftaff, as to them fhall feem proper, and to fix their pay and allowances, and fhall alfo take fuch meafures for procuring, tranfporting, and iffuing all ftores which may be neceffary, as to them fhall feem beft. Orders for the militia to be called forth, as aforefaid, shall be fent to the commanding officers of brigades, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the fame, with the neceffary number, and ranks of officers by detail and rotation of duty. Each company to be fur nifhed with a waggon, team, &c. by impreff ment or otherwife. XXVIII. THE lieutenant colonel commandant, or commanding officers of regiments from which detachments are drawn, fhall caufe to be procured by impreffment or otherwife, for each company, a waggon, team, and driver, fix axes, and fix camp-kettles, or pots of convenient fize, all which fhall be delivered to the commanding officer of the company, who fhall be accountable for returning the fame when his tour is over, and the articles aforefaid shall be returned to the owners, who fhall be allowed for the ufe of the fame, whatever fhall be adjudged by the court herein after appointed for enquiring into delinquencies: And to the end that if any article impreffed, be loit, the owner may Articles impreffed to be be paid for the fame, the lieutenant colonel commandant, or commanding offi- valued. cer, shall caufe all property by him impreffed by virtue of this act, to be va lued by two or more freeholders on oath, before the fame fhall be sent away; and upon proof being made of any article being loft, the valuation thereof thall And the owners paid be allowed, without any allowance for the ufe, and the faid allowance fhall be therefor if loft. certified to the auditor of public accounts. The faid court shall make enquiry into the cause of such lofs, and if it fhall appear that the faid lofs was occafion- Officers answerable to ed by the misconduct or inattention of any officer, the lieutenant colonel com- the public, if left thro' mandant, or commanding officer, is hereby authorifed and required to profecute neglect. a fuit against such officer for the recovery of damages for the ufe of the com monwealth. XXIX. IF it fhall appear to the executive, upon calling forth the militia as Executive to appoint aforefaid, that the neceflary number and ranks of officers will not attend the officers when neceffary. detachments for officering them at the places of rendezvous, the governor with the advice of council, is hereby authorised to appoint fuch officers as may be neceffary from the counties called upon, as they may think proper, to join the detachment fo raised. XXX. IF a fudden invafion fhall be made into any county in this common- Commanding officer in wealth, or in cafe of an infurrection in any county, the commanding officer in a county, may order out fuch county is hereby authorised and required, to order out the whole or fuch militia in invafions or part of his militia as he may think neceffary, and in fuch manner as he may infurrections. think beft, for repelling or fuppreffing fuch infurrection, and shall call on the commanding officers of regiments in the adjacent counties, for fuch aid as he may think neceffary, who fhall forthwith in like manner furnish the fame; and for affembling the militia required upon fuch occafions, or by orders of the executive, the fame measures fhall be taken to fummon them as is directed in the cafe of mufters. Militia in fervice to he governed by the articles of war of the United Sates. XXXI. WHENEVER any militia fhall be called forth into actual fervice as aforefaid, they fhall be governed by the articles of war which govern the troops of the United States. And courts-martial shall be held as are therein directed, to be composed of militia officers only, for the trial of any perfon in the militia; but to the cashiering of any officer, or capital punishment of any perfon, the approbation of the executive fhall be neceflary; and when any militia thall be in actual fervice, they fhall be allowed the fame pay and rations as are allow- Their pay and rations. ed by the Congrefs of the United States to the troops in the fervice of the United States. XXXII. AND be it further enacted, That the commanding officer of every Patrollers to be apbattalion of militia, fhall from time to time, as he fhall deem it neceffary, ap. pointed. Their duty? apoint an officer, and fo many men of the militia as to him shall feem neceffary, not exceeding four, once in every month, or oftener if thereto required by fuch officer, to patrole and vifit all negro quarters and other places fufpected of en. tertaining unlawful affemblies of flaves, fervants, or other diforderly perfons, as aforefaid, unlawfully affembled, or any others ftrolling about from one plantation to another, without a pafs from his or her mafter, miftrefs or owner, and carry them before the next juftice of the peace, who, if he shall fee cause, is hereby required to order every fuch flave, fervant, ftroller, or other diforderly perfon as aforefaid, to receive any number of lashes, not exceeding twenty, on his or her bare back; and in cafe one company of patrollers shall not be fuffi cient, more companies may in like manner be ordered for the fame fervice. And after every patrole, the officer of every party shall return to the captain of the company to which he belongs, a report in writing upon oath (which oath fuch captain is hereby empowered to adminifter) of the names of thofe of his party who were upon duty, and of the proceedings of fuch patrole; and fuck captain shall once in every month deliver fuch patrole returns to the commanding officer of his battalion, by whom they shall be certified and laid before the next court-martial, and if they shall adjudge the patrollers to have performed their duty according to law, the faid court shall certify the fame to the county court, who are thereupon empowered and required to levy fifty cents for every twelve hours each of them shall fo patrole; and every commanding officer failing to appoint patrollers according to the directions of this act, shall forfeit and pay thirty dollars; and every perfon appointed to patrole, failing to do his duty, Penalty for failing to shall forfeit and pay three dollars for every fuch failure; which fines shall be laid, collected, accounted for, and appropriated as is herein directed for laying, accounting for, and appropriating the feveral fines and penalties by this act directed.* Their pay. do their duty. Courts martial to be XXXIII. AND whereas it is neceffary that certain tribunals be inftituted held for the trial of of. for the trial of offences as they are to be viewed in a military light, as well as ficers. for enquiring into delinquencies and affeffing fines thereon: Be it therefore enacted, That the governor shall have power to arrest the major generals, and all other officers for any misconduct whatever, and upon trial and conviction, Officers by whom to be may cenfure or cashier them; a lieutenant-colonel commandant may arrest any arrested. officer under his command, and report him to the governor for trial, or at the option of fuch lieutenant-colonel commandant, a general court-martial, to confilt of thirteen officers, may by his order be held within the limits of his regimental district, for trial of fuch as shall be under the rank of a field officer. The prefident of the faid court shall be a field-officer, and fix at least of the members shall be captains, and where there is not a fufficient number of officers in any regiment to conftitute a court where the arreft is made, the commanding officer of the regiment may call upon the commanding officer of any adjacent regiment, to order as many officers from fuch regiment as will be fufficient to make a court, and fuch court may, on conviction, cenfure or cashier any officer fo tried, and their fentence shall be final; faving to fuch officer an appeal to the executive, if he shall think proper; in which cafe the commanding officer shall furnish him with a copy of the proceedings of the faid court. Any Evidence, how to be non-commiffioned officer or foldier offending, shall be tried by a like general procured. court-martial, and may, on conviction, be cenfured or fined at the difcretion of the court. For obtaining the neceflary evidence for the trials aforefaid, the governor, or the commanding officer of the regiment (as the cafe may be) shall iffue his fummons, and any perfon fo fummoned, failing to attend, shall forfeit and pay, upon a fummons from the governor, thirty dollars, and upon a fummons from the commanding officer of a regiment, fifteen dollars; to be reported by the commanding officer, amongst other delinquencies, to the court aforefaid. Appeals may be made from the fenter.ce of a court-martial to the executive. Courts for affeffment of to be held. XXXIV. AND be it further enacted, That the commanding officers of refince, when and where giments fhall, on fome day in the months of May and October, not exceeding fifteen, nor lefs than ten days after their regimental and battalion musters, order the commanding officers of battalions and companies, to meet at the places where their last battalion mufters refpectively were held, a majority of whom fhall form a court of enquiry and affeffment of fines, and it shall be the duty of the lieutenant-colonel commandant to prefide at fuch boards, and in cafe of his * See act of Dec. fefs. 1800, ch. 39, concerning patroles. This allows a juftice of peace to order out patroles. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 289 abfence by fickness or otherwife, the next officer in rank fhall prefide. The I The lieutenant-colonel commandant fhall then lay before the faid court all delinquencies, as directed by this aft, whereupon they fhall proceed to hear and determine on them. 1792. XXXV. ALL fines to be affeffed by virtue of this act, fhall be collected Fines to be collected by by the fheriff of the county, upon a lift thereof certified by the clerk of the faid the sheriffs; court, and delivered to the fheriff, on or before the first day of January, in every year, who fhall give his receipt therefor, and account for the fame to the lieutenant-colonel commandant, or his fucceffor, and be allowed the fame commiflions as for other public monies, on or before the firft day of November, in the fame year; and on failure, the commanding officer, or his fucceffor, fhall, on ten days previous notice, obtain judgment for the fame in the county or corporation court with cofts; and fhould any perfon fo charged with fines, fail, to make payment on or before the first day of May, in any year, the theriff is fary. hereby authorised to make diftrefs and fale therefor, in the fame manner as is directed in the collection of taxes. by diftrefs when necef XXXVI. THE commanding officer of every regiment fhail on or before Officers to render acthe thirty-first day of December, in every year, render to the executive an ac- counts of fines received. count upon oath of all monies which have come into his hands by virtue of his office, and of his difburfements; and if there fhall remain any money in his hands, the fame ball be paid into the treafury in aid of the contingent fund. giment. XXXVII. AND for enforcing obedience to this act, Be it enacted, That the following forfeitures and penalties fhall be incurred for delinquencies, vix. Fines to be paid for de. By a lieutenant-colonel commandant, or commanding officer of a regiment, for inquencies; by a commanding officer of a refailing to take any oath, to fummon any court or board, to attend any court or board, to tranfmit any recommendation of an officer or officers to the governor, to deliver any commiffion or commiffions, to appoint a regimental or battalion mufter, to report delinquencies, to make returns of his regiment as by this act directed, fhall for each and every fuch offence or neglect, forfeit and pay feventy dollars; failing to fend into actual fervice any militia legally called for, or to turn out his militia upon any invafion or infurrection of his county, two hundred dollars. By a major for failing to take any oath, to attend any court or By a major. 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 fhall forfeit and pay for each and every offence and neglect, thirty dollars; failing to call forth from his battalion with due difpatch, any detachment of men and officers, as fhall be required from time to time by the commanding officer, or any call from the governor, invafion of, or infurrection in his county, or requifition from any neighbouring county, eighty dollars. By a captain for failing to take an oath, to attend any court, to inroll his company, to ap- By a captain. baltern officer, for failing to take any oath, to attend any court, or mufter arm- By a fubaltern. |