martial, or other military meeting; and any arrest, process, or execution on the person, at such time, is hereby declared void. All persons liable to do militia duty, going to or returning from any muster or court-martial, shall pass all ferries, bridges and turnpikes, free of Ferriages. expense. 21. All arms and accoutrements of the militia of this state, shall Arms, exbe exempted from distress, either by attachment, execution, or other empt from legal process. distress, exe cution, &c. into service, to be paid 22. All militia called into actual service, shall be paid, provisioned, Militia called and governed as the United States' troops are, and be subject to the rules and articles for the government of the armies of the United and governed States, whether such militia be accepted in the service of the United troops. States, or of this State. CHAPTER V.-Courts-Martial. as U. S. trial of off whom detail 1. Whenever charges shall be preferred against any officer in the Courts marmilitia of this state, a court-martial for the trial of such officer shall tial for the be detailed in the following manner, to wit: If charges shall be pre-cers;-by ferred against a major-general, then it shall be the duty of the governor ed. to detail a court-martial for the trial of such officer; if against a brigadier-general, then a court-martial shall be detailed by the major-general of such brigadier-general; if against a colonel, lieutenant-colonel, or major, then a court-martial shall be detailed by the brigadier-general commanding such officer or officers; if against a captain, lieutenant, or ensign, then a court-martial shall be detailed by the commanding officer of the regiment to which such officer or officers may belong. 2. These courts-martial shall consist of not less than five, nor Number of more than eleven members, the president of which shall be of equal the court. rank with the officer or officers to be tried; and the officer ordering Decision,such court-martial shall have power to approve or disapprove of its how ap decision. proved. advocate to the order. 3. The president and judge-advocate of any of the foregoing courts- President martial shall be designated in the general order of the officer ordering and judge. such court; and if the president shall fail to attend, then the senior be named in officer present shall be the president of said court: and if the judge- In case of advocate shall fail to attend, then the court shall appoint a judge-advo- non-attendcate, whose duty it shall be to keep a just and true account of the proceedings of said court, including the evidence, and return the same to the officer ordering the court, by whom the same shall be preserved. auce. tial to be 4. The president and members of any of the foregoing courts- Members of martial shall take an oath before they enter on the discharge of their court-mar duties, impartially and according to law and evidence, to decide the sworn. case referred to them, and to keep secret the proceedings of said court until the injunction of secrecy shall be removed by the officer ordering the court the judge-advocate shall take an oath before he enters on the discharge of his duties, well and truly to discharge his duties as judge-advocate according to military usage. and battalion courts 5. The commanding officers of regiments and battalions shall, Regimental after their respective regimental or battalion musters, detail a regimental or battalion court-martial, as the case may be, to convene within martial. twenty days thereafter, for the trial of such persons as may be brought before it, giving at least five days' notice to each defaulter; it shall be the duty of the officer ordering the court, to appoint the adjutant or such person as he may think proper, who shall act as judge-advocate tial. courts mar to said court:-No officer shall be a member of the court-martial who (1828-(21) § 6. Company courts-martial shall be holden on the days appointed tial. Brigade court-mar Regimental § 7. A majority of the officers of each brigade shall constitute a brigade court-martial, when convened for that purpose by the brigadier-general of each brigade. § 8. Regimental and battalion courts-martial, shall require a majo[b 1828-(23) rity (band when convened for the trial of defaulters, to be not less than Sec. 2.] five) of the commissioned officers of the regiment or battalion to con[c 1829-(16) stitute a court; and any person dissatisfied with the decision of any Sec. 7.] battalion court-martial, shall be allowed ten days to appeal there from ion courts- to the next regimental court-martial, upon applying for said appeal to the judge-advocate of said battalion court-martial. and battal martial. [1833-(29) Powers of courts- May sum. es. § 9. Regimental courts-martial shall have power to try all delinquent commissioned and non-commissioned officers of each regiment, for neglect of duty, who may be fined, as the law provides, under the head of Pains, Penalties," &c. agreeably to their rank. 66 § 10. Courts-martial shall have the same power to compel the atmon witness- tendance of witnesses, as is vested in the courts of law in this state. § 11. No allowance shall be given to officers, for services rendered as members of any court-martial whatever. No compen. Judge-advo- 12. Judge-advocates attending courts-martial shall be allowed no more than four dollars for each day they may be engaged in complet [d1828-(23) ing the records of the same to be paid on the president's certificate, Sec. 3.] out of the regimental funds, except when a regimental court-martial Mode of sum- martial. shall be in session for the trial of commissioned or non-commissioned officers, or privates, for offences other than default at musters or drills; in which case said allowance shall be paid by the state, and the president's certificate shall be deemed a sufficient voucher to the treasu rer of the state, for the payment of the same. § 13. When any court-martial shall be ordered, the president of said nesses to at court shall, on application of either of the parties interested, issue a tend a court-summons for any witness, which shall be served by the sheriff of the county where such witness may reside, and returned by said sheriff as in civil cases: Provided, That the parties desiring such summons to be served, shall tender to the sheriff such fees as are allowed him for serving subpoenas in civil cases. Sentence Officers may § 14. No sentence of a court-martial, affecting the life of an officer, shall be executed until approved by the governor, and four-fifths of both houses of the general assembly. § 15. Any officer of the militia of this state, who shall be found be cashiered. guilty of conduct unbecoming an officer and a gentleman, shall be cashiered. 1See "Drills and Musters," Chapter 10, § 4. §16. Regiments and battalions may be changed by a general court- Change of martial, or regimental court-martial, as the case may be, for the inter- regiments nal regulation of either. and battalions. 17. The boundary lines of no captain's beat shall be altered, but Boundary with the consent of a regimental court-martial. CHAPTER VI.-Pains, Penalties, Fines, and Forfeitures. lines of beats, how chang. ed. ing to grade. §1. The following fines shall be assessed on officers and privates Limits of failing to perform any of the duties required by the militia laws of this fines accordstate on a major or brigadier-general, not less than fifteen nor more than two hundred dollars; on a colonel, not less than ten nor more than one hundred dollars; on a lieutenant-colonel or major, not less than eight nor more than seventy-five dollars; on a captain, not less than four nor more than fifty dollars; on a lieutenant or ensign, not less than three nor more than thirty dollars; on any of the regimental staff, not less than three nor more than thirty dollars; on non-commissioned officers, not less than two nor more than ten dollars; and on privates, not less than one nor more than three dollars. sing to at § 2. Any non-commissioned officer or private, who shall refuse when Drafts refu drafted and ordered to repair to the place of rendezvous, shall suffer death, or such other punishment as a court-martial shall inflict. tend, punished with death. Refusal to §3. Any non-commissioned officer or private of the militia, who shall refuse to turn out on the order of his proper officer, in case of insur- turn out on rection, invasion, or alarm, shall be fined in any sum not less than fined. one hundred nor more than five hundred dollars. order, how collected. § 4. All fines incurred shall be returned by the president of the Fines, how court-martial before whom such fines may be assessed, to the constable of the company in whose limits the offender may reside, or to the sheriff of the county, for collection; and also a certified copy of the same to the paymaster of the regiment. The certificate of the president shall be a sufficient warrant to the constable or sheriff for the collection of the same, and the constable or sheriff shall be further required to collect and pay over to the regimental paymaster, all such fines within forty days after receiving the authority for collection, and take a receipt from the paymaster for the same; if no property be found, the defaulter may be seized and committed to jail, until the fine be paid: Provided however, That all reasonable excuses shall be Excuses to heard by the court, when the party accused shall appear to give the be heard. same: And provided also, If the said defaulter shall swear before any Party fined, justice of the peace, that he is not worth the amount of the fine, he may nake shall be released; and the sheriff or constable shall be allowed such inability to fees as the law allows in other claims of the same amount: and should the said constable or sheriff fail to pay over or account to the paymaster within the time required, for the amount of fines assessed and returned to him as aforesaid, the paymaster shall commence a suit Proceedings against the said constable or sheriff, for the amount of the fines not accounted for, before any court having jurisdiction thereof: and should the paymaster fail in the prosecution of any suit as aforesaid against count for the constable or sheriff, he is authorized to pay the costs out of any fines, &c. money he may have in possession on account of fines. oath of his pay. against sheriff or con stable for failing to ac removing, § 5. Should any person who has been fined according to the provi- Party fined sions of the law, remove out of the county in which said fine was as-certificate of sessed, the amount of the said fine shall be forwarded to the sheriff of amount to be the county into which the delinquent has removed, by the constable of the company or sheriff of the county from which the delinquent forwarded. &c. music, had removed; and the sheriff to whom such return is made, shall proceed forthwith to make the money, within thirty days, and cause the same to be paid over to the paymaster of the regiment from which said delinquent removed, after retaining such commissions as are granted for the collection of such sums in other cases. Company § 6. All fines assessed by any company court-martial, and paid over has topic, to the paymaster of the regiment, shall be applied exclusively to the purchase of music, colors, hiring musicians, &c. for the use of said company: Provided however, That all fines assessed and collected by any company court-martial from defaulters at battalion and regi mental musters, shall be paid as heretofore to the paymaster, for the use of the regiment. Furloughs. On resigna. tion, &c., books, music, and colors, to be transferred By standers drill, may be § 7. If any officer whatever shall absent himself from his command at any time, for a longer period than twelve months, unless furloughed by the commanding officer of the regiment, brigade, division, or of the state, as the case may be, his office shall be considered vacated, and shall be filled as provided by law in other cases of vacancies. § 8. In case of the resignation or removal of any officer commanding a regiment or battalion, it shall be his duty to deliver the books, musical instruments, and colors belonging to the regiment or battalion, to the officer succeeding him in the command; and in case of his neto successor. glect or refusal, he shall be fined in a sum not exceeding one hundred dollars, at the discretion of the court-martial trying such offence. § 9. Any officer may put into confinement for the day, any byinterrupting stander that may interrupt the muster, drill or court-martial: and any confined. person enrolled appearing at any muster or drill, shall be ordered into rolled appear- ranks; and if he refuses, shall be put into confinement for the day, ing, to be or- and fined as a defaulter; and no person shall be exempted from mili ranks. tary duty, unless in the opinion of a regimental court-martial, he shall Invalids only be unfit for service; and if the court have doubts, they may require the opinion of the regimental surgeon: as soon, however, as such inability may be removed, he shall again be ordered to duty. [But see next Chap. § 1.] Persons en dered into exempted. Who to do Who ex empt. CHAPTER VII.-Enrolment, and Exempts. § 1. All free white men and indented servants, between the ages of militia duty eighteen and forty-five years, shall compose the militia of this state. Judges of the supreme, chancery, circuit, and county courts, and their respective clerks, secretary of state, treasurer, comptroller, attorneygeneral, solicitors of the different circuits, licensed ministers of the gospel of every denomination, public ferrymen, justices of the peace, [1822-(14) post-masters, post-riders, millers, commissioners of revenue and roads, the directors, cashier, teller, and clerk or clerks of the bank of the state, the register and receiver of the public moneys at the land office of the state of Alabama, and all officers, servants, and students belong. ing to the university of the state of Alabama, shall be exempt from militia duty, except in cases of imminent danger, insurrection, or invasion. Sec. 16. 1823-(23) Sec. 5. 1827-(18) Sec. 1. 1829-(8) Sec. 1.] Persons lia ty, required themselves § 2. Every person liable to do military duty, moving into the bounds ble to lodu of a company shall, within thirty days, or at the next muster after his to report arrival in said bounds, report himself to the commanding officer of said within thirty company, who shall immediately enrol him. Every person between the age of eighteen and forty-five years shall be compelled to do militia duty, by the commanding officers of the company in whose bounds he may reside, until such person shall produce a certificate from the days. ! captain of some volunteer company that he is legally enrolled in such corps, and is equipped as the law requires. Invalids are also exempted.-See Chap. 6, § 9. CHAPTER VIII.-Drafts. draft, all per do duty. 1. IT shall be the duty of each and every captain, to subject to a Captains to draft each person liable to do militia duty, who may at any time have subject to been enrolled in his company, unless he knows such person has actu- sons liable to ally removed permanently from his district, or unless such person so enrolled shall produce a certificate from some officer commanding a company, that he is duly enrolled in the company of the officer so certifying.1 giments, re der courts quents and serters. §2. It shall be the duty of each lieutenant-colonel or officer com- Officers commanding a regiment, in the event of any non-commissioned officer or manding reprivate being drafted or ordered for service, and failing to repair to the quired to or place of rendezvous, or furnish a sufficient substitute, to order a regi- martial, to mental court-matial as soon thereafter as may be convenient, to assess try delinthe fine; and in case such delinquent be arrested and in custody, he deserters. shall be tried for the desertion; and if any person shall abscond, or Apprehenfail to repair to the place of rendezvous when drafted or ordered as sion of deaforesaid, any person whatever apprehending such delinquent, and delivering him to the officer commanding the detachment in service which he failed to join, or from which he absconded, shall be entitled to a certificate therefor, and be credited for a six months tour of duty in the regiment to which he belongs; and any militia-man drafted or Its conse ordered for service as aforesaid, and failing to appear, the deficiency occasioned thereby shall be supplied from the captain's district to which such delinquent belonged, and in case he be afterwards arrested, he shall be bound, in addition to the fine imposed upon him by the court-martial, (if he is not sentenced to death,) to take the place of the man who was drafted to supply such vacancy, except the man apprehending such delinquent be a militia-man in service, and in that case, the man so apprehending him shall be entitled to a discharge from the service, and the person apprehended put in his place. quences. drafted. 3. In case of a second draft before the tour of duty expires for Substitutes which a substitute has been hired, the substitute shall stand his draft, liable to be and if drafted, shall be liable to join the second detachment as soon as his former tour may expire; and in case of drafts, the requisitions shall call for officers, non-commissioned officers, and privates: Provided always, That any person furnishing a substitute shall be exempt from serving himself, but shall notwithstanding, be compelled to attend company, battalion, and regimental musters, and perform patrol duty; and in the event of a second draft, should a substitute be drafted, before the former tour of duty is performed, the person furnishing said substitute, shall perform his tour of duty, until the former has been performed, and the said substitute joins the second detachment. 1 This is understood to be some officer of a volunteer company, as the person would have no right to enrol himself in any other beat or district company, but the one in which he resides. The peculiar phraseology of this section is owing to the fact, that in 1814 when it was passed, there was no higher officer in a regiment than a "lieutenant-colonel" the alternative words "or officer commanding a regiment," render the provisions of the section equally applicable to the present organization of the militia of this state. |
