sioned accor 17. Sec. V. Every division, brigade, regimental, battalion, and Districts shall company district, shall be numbered throughout the state by order of be numbered, the commander in chief, in such manner, that every corps of the same denomination, shall bear a different number; by which number every and officers to district shall be designated in the commissions of officers commanding be commisthem; and when in the field, for the purpose of exercise, officers of dingly the same grades shall take rank agreeably to the date of their respec- to rank by tive commissions, their respective commands following the same; re- the date of giments being told into regular battalions-battalions into divisions, missions. companies, platoons, and sections. their com general offi. ed by the le 18. Sec. VI. All vacancies which may happen by death, resigna- Vacancies of tion, or otherwise, of any major general, brigadier general, or quarter- eers to be allmaster general, shall be filled by the general assembly, by joint ballot of both branches, and a list of the names of the person or persons gislature. so appointed, under the signature of the president of the senate and speaker of the house of representatives, shall be transmitted to his excellency the governor, within two days thereafter, who is hereby required to issue commissions to each and every person so appointed, within two days thereafter. filled. side. missioned by the governor, vetted, 19. Sec. VII. When any vacancy shall happen by death, resigna- Vacancies of tion, or otherwise, of any captain, or where any new-created district captain, how shall require officers, such officers shall be elected by the citizens liable to bear arms within such company district, under the following rules and restrictions: The commanding officer of the regiment or Notice of the battalion, shall give at least ten days public notice of the time and election. place of holding such election; and the election shall be held under Who to prethe presidency of two or more of the justices of the inferior court [of the county] in which such company may be, together with two freeholders belonging to said district, or a majority of them,* who shall receive the ballots of all such citizens of the district as aforesaid, and make report thereof under their hands and seals within thirty days to the commander in chief, for the time being, of the persons having the highest number of votes, together with a state of the poll; and the Until comcommander in chief, shall within five days after the receipt thereof, commission the person so elected, and in the interim, between the time may be breof such election, and receiving their commissions, such officers shall be fully authorized to act in all their functions, by brevet from the colonel or commandant, (or in counties containing but one battalion, from the major or commandant,) upon the officers elected producing a certificate from the persons superintending said election, that he or they had the highest number of votes at said election; Provided, that such unless there election is not protested against by any person having been a candi- is a protest. date; and when any vacancy shall happen by death, resignation, or Vacancies of otherwise, of any subaltern officer, the captain or commanding officer subalterns, of the district where such vacancy or vacancies shall happen, shall give at least ten days public notice of the time and place of holding such election, and it shall be held and conducted in the same manner as pointed out by this act, for the election of captains; and such officers Brevet. when elected, shall be fully authorized to act in all their functions by brevet under the same rules and restrictions as pointed out by this act, for other officers; and where it shall happen in any company dis- Where the trict, that the privates neglect, or refuse to elect any such officer or lect or refuse officers to the command, it shall be the duty of the colonel or com- to elect, the mandant of the regiment to which they belong, (or in counties containing but one battalion, of the major commandant,) to nominate a fit * See sec. 60. how filled. privates neg colonel or major com mandant shall nominate pro tem Vacancies of field officers how filled. and proper person or persons, as the case may require, to take command of said company district, until such election shall be had, and the person or persons elected, are commissioned by the commander in chief, or brevetted as aforesaid. 20. Sec. VIII. When a vacancy shall happen by death, resignation or otherwise, of any commanding officer of a regiment or battalion, such vacancy shall be filled by the election of the persons subject to do militia duty, who shall become subject to the command of such field officer when elected, under the following rules and restrictions, that is to say: any two or more captains within such regimental or battalion district, not being themselves candidates, shall give twenty days public notice, in every company district within the same, of the time and place for holding such elections; and they, with any two or more justices who are not candidates, shall preside at the election,* and the said presiding captains and justices shall, within thirty days thereafter, certify under their hands and seals the person or persons having the highest number of votes, and the state of the poll so taken shall be transmitted to the commander in chief, who shall, within ten days after the said transmission, commission the person or persons so elected; and in regimental districts, the brigadier general shall apWhere two point the time and place at which said elections shall be held; Provided nevertheless, that if two or more counties compose a regiment, in that case the elections shall be held at the several battalion muster grounds on the same day, and the result of each election be sent to the governor, who shall commission as aforesaid. [See Sec. 61.] or more counties compose a regiment. General officers and colonels to 21. Sec. IX. Each major general, brigadier general, and colonel, shall have the appointment of their own respective aids-de-camp, diappoint their vision inspectors, division quartermasters, brigade inspectors, brigade quartermasters, and the regimental staff. own staff. Each officer shall take an oath. The oath. What per sons are subject to be enrolled. 22. Sec. X. Each and every officer, appointed, or who may hereafter be appointed, and commissioned or brevetted, not having heretofore done the same, shall previous to entering on the duties of his of fice, take the following oath, to be administered by a justice of the peace or the regimental court of inquiry of the county in which such officer resides, to wit: I do swear that I will support the constitution of the United States, and faithfully discharge the duties in the of militia of the state of Georgia, to the best of my skill and judgment-so help me God. If the said oath be administered by a justice of the peace, the justice of the peace before whom such oath shall be taken, shall transmit the same, within a reasonable time, to the clerk of the regiment to which such officer may belong, to be entered of record by said clerk. 23. Sec. XI. The commanding officers of companies shall enrol every able-bodied white male citizen, as well as aliens, between the age of eighteen and forty-five years, except such as are exempt by the laws of the United States and this present act, residing within his district; and in all cases of doubt respecting the age of any person enrolled, entitled to be enrolled, or pleading incapacity, to serve in any company, the party questioned shall prove his age or inability to the regimental (or battalion courts of inquiry, in counties containing but one battalion) within whose bounds he may reside; and it shall at all times hereafter be the duty of every such captain or commanding officer of a company, to enrol every such white male as aforesaid. as shall from time to time arrive at the age of eighteen years, and + But see Foreigners. Sec. 10. * See Ser. 60. * See 55 be under forty-five, except as before excepted, or who shall come to reside within his bounds, and shall without delay notify such person of the said enrolment by a proper non-commissioned officer, by whom such notice may be proved. missioned appointed 24. Sec. XII. The captain or commanding officer of each compa- Non-comny shall divide his company as nearly equal as possible, into four officers, how squads; and annually shall nominate one fit and proper person in appointed. each squad as sergeant, and another fit and proper person as corpo- If they reral; but in case of refusal of all or any such persons to act as sergeant fuse to serve, or corporal, the commanding officer of such company shall deposit the they may be Dames of the men in each squad in separate hats, and call some disin- by lot. terested person to draw two names from each hat, and the person whose name shall be first drawn, shall be a sergeant; and the person whose name shall be next drawn, shall be a corporal; and such persons shall be responsible for the duties required of such non-commissioned officers by law, for the term of one year thereafter; but such person shall not be compelled to serve again until the names of all the other persons in the respective squads shall have been so drawn. 25. Sec. XIII. Until arms and equipments of the description re- Arms and quired by the militia law of the United States, can be procured in this of the mili state, by any mode which the legislature may hereafter point out, every line. non-commissioned officer or private in the militia of the line shall stand bound to appear at all musters or on all other necessary occasions, armed, equipped and provided with a firelock in good order, and a cartridge-box or shot-pouch; but all volunteer companies of counter light infantry, grenadiers or riflemen, shall at all times be and appear at musters or on other necessary occasions, armed, equipped and provided, as the militia law of the United States prescribes, as well as any volunteer corps of cavalry or artillery; and that no volunteer company of any species of troops shall be received or acknowledged as a volunteer corps or company until such volunteer company or companies present themselves, armed and completely equipped, as in the regular army of the United States. equipments tia of the companies. the officers Of volunteer rifiemen. 26. Sec. XIV. The uniform of the officers of the militia, shall Uniform of correspond with that worn at present by the army of the United States, of militia. and the uniform of all volunteer corps shall be blue, with such orna- corps. ments as may be added, according to the taste of the members thereof, Uniform of excepting the uniform of riflemen, which shall be with the same green, privilege of adding any ornaments; and no person belonging to the militia of the line, shall, under colour of enlisting into any company to be made up by volunteer enrolment, be excused from doing duty in the infantry of the line, until he shall have equipped himself for service in such volunteer company according to law, and shall have produced a certificate thereof from the commanding officer of the volunteer company to the commanding officer of the district company to which he did properly belong, and no person having enlisted in any wishing to volunteer company, shall be permitted to withdraw himself from the withdraw same, under the penalty of ten dollars, unless in case of removal from lunteer comhis regimental or battalion district, to be recovered as other fines im- pany must posed by this act, upon the evidence of the commanding officer of the days notice, company from which he shall so withdraw, without having given said Polla commanding officer thirty days previous notice of his intention so to withdraw; which commanding officer shall return all such cases to Commission the first battalion court of inquiry that shall sit thereafter; and the commissions of such volunteer corps shall designate the number of or battalion the regiment or battalion to which they are attached, and the commanding officers of the regiment or battalion shall direct how they are to Persons from a vo give SO ten dollars. sball designate the reg. to which they are attached. Subject to ties as the militia of may be or companies by the commander in be posted on regimental or battalion parades, unless differently order. the same du- ed by a superior officer; and the said companies shall perform the same routine of duty (under their respective officers) and be subject the line, and to the same rules and regulations, penalties and orders, as the rest of dered out by the militia, and the commander in chief may order them or any of them, out on duty, as occasion in his opinion may require, by entire companies; and when a district company shall not contain any greater number of effective men than what is required by the law of concases not to gress, no volunteer corps shall enlist more than one-eleventh man out of said district, except in the city of Savannah, and no greater number of volunteer corps shall be commissioned henceforward (unless it is in cases of emergency) than what the militia law of the United States prescribes to be attached to regiments and battalions. chief. In certain enlist more than the eleventh man except in Savannah. Company musters held. At which the captain shall take an account of 27. Sec. XV. The commanding officers of companies of every when to be description, shall muster their respective companies four times, and not more than six times, in time of peace, in every year, at such places within their company districts as may be most convenient to a majority of each company, and at such times as shall be ordered by the commanding officer of such company; and it shall be the duty of all commanding officers of companies, at any and every of their company musters, to take an exact account of arms, accoutrements and ammunition, in possession of each member of his company, and shall add to such account, the arms, accoutrements and ammunition, in possession ing officer at of any other person who shall fall into his company from time to time, and shall make an exact return of his company to the commanding of ficer of the regiment, or battalion review, in the form which he shall receive from such commanding officer or the adjutant, which return shall be filed, ready to be delivered to the inspector, as he shall commence the inspection of each company. arms, &c. And return it to the command the review. Annual con vention of officers, and 28. Sec. XVI. There shall be held in each regiment or, county, regimental once in every year, or as the commander in chief may order, muster to be a convention of the field, staff, company, and non-commissioned attendant officers of regiments, for the purpose of being trained and instruct general. ed by the adjutant general in the exercises and discipline prescribed by congress; at which said conventions, all field officers shall appear in their uniform, armed with swords, and provided with their respective commissions; and all staff, company, and non-commissioned officers, shall appear in their uniform, armed with firelocks and bayonets, accoutred with cartouch-boxes, bayonets, belts, and scabbards, and provided with their commissions, and six blank cartridges each; and all such officers so convened shall form a company, and be subject to such orders, regulations, and instructions as the adjutant general may deem necessary, to teach and enforce the discipline prescribed by congress, for a term not exceeding three days at any one meeting: that there shall be held in each county or regiment, once a year, or as often as the commander in chief may order, a regimental muster, (or battalion muster, in counties holding but one battalion,) for the purpose of being trained and instructed by the adjutant general in the exercises and evolutions prescribed by congress; And a like and that a like convention of field and company officers and musters vention and by regiments (or by battalions, where there is one battalion only in a attended by County,) shall be held once a year, by order of the brigadier general, the brigade for the purpose of being trained and instructed by the brigade inspector, in the exercises and evolutions prescribed by congress, and that the brigade inspector shall attend all conventions of field and company officers, regimental and battalion musters, within their respective brigades, and shall make such returns as are prescribed by annual con muster to be inspector. mental and the militia law of the United States; and independent of the foregoing Other regiprovisions, the commanding officers of regiments and battalions shall batalion and are hereby ordered to have regimental and battalion musters, not musters. exceeding once in every year; and the majors of battalions, when there is but one battalion in any county, shall and are hereby required to have battalion musters not exceeding two in each year. direction of cer. 29. Sec. XVII. When sutlers shall attend regimental or other Sutlers musters, they shall be considered under the direction of the com- under the manding officer present, with regard to the time and place of selling the comliquors or other refreshments, and it shall be lawful for said com- manding offimanding officer to grant exclusive privileges to such persons as may engage to furnish spacious and convenient places of parade; and the sutlers aforesaid shall not be liable for retailing spirituous liquors, at any of the musters aforesaid, under the law for retailing spirituous liquors without license. conduct ia or mutinous 30. Sec. XVIII. If any bystander shall interrupt, molest, or in- Disorderly sult any officer or soldier, while on duty at any muster, or shall be soldiers or guilty of like conduct before any court or board, the commanding offi- bystanders, how punishcer at such muster, or court, or board, may confine him or them, ed. where such offence shall or may happen, for a term not exceeding one day, nor less than six hours, during which time they shall not be allowed to drink any spirituous liquors; and if any non-commissioned Disobedient officer or soldier shall behave himself disobediently or mutinously, conduct of when on duty, or before any court or board, directed by this act to soldiers, be held, or shall leave the ranks without permission, or refuse to fall therein when ordered, at any muster whatever, or shall appear on parade drunk, or shall quarrel himself, or promote any quarrel among his fellow-soldiers, such non-commissioned officer or soldier how punishso offending, shall be disarmed and confined for the day, by order of ed. the commanding officer present, and shall moreover be fined at the discretion of the court of inquiry, in a sum not exceeding thirty dollars nor less than five dollars, to be appropriated as other fines imposed by this act. penalties: 31. Sec. XIX. The following forfeitures, pains, and penalties, Fines and shall be incurred for delinquencies, to wit: major general or com- of a major manding officer of a division, for failing to discharge the duties requi- general, red by this act, or disobeying any order legally issued by the commander in chief, shall for each and every such offence or neglect, forfeit and pay a sum not exceeding one thousand dollars; for acting in contempt of any order given by the commander in chief, to him directed, for every such offence, forfeit and pay a sum not exceeding two thousand dollars, or be removed from office, according to the provisions of the third section and fourth article of the constitution, or both at discretion;-by a brigadier general or command- of a brigadier general, ing officer of a brigade, for failing to discharge the duties imposed by this act, or disobeying any order legally issued by a superior officer, shall for each and every such offence or neglect, forfeit and pay a sum not exceeding six hundred dollars; for acting in contempt of any order to him directed, legally issued by a superior officer, forfeit and pay for every such offence a sum not exceeding fourteen hundred dollars, or be removed from office, according to the provisions of the third section and fourth article of the constitution, or both, at discretion;-that the following forfeitures and penalties shall be incurred for delinquencies, to wit: by a colonel of a colonel, or commanding officer of a regiment, failing to appear at musters, or on any other necessary occasion, armed and uniformed as the law directs; for failing to take an oath, to summon any court or |