VOLUME i.
The American Citizen,
Is published every Wednesday in the borough of Butler,
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The New Militia Bill.
An Art /or the Organization, Diecipline
and Regulation of tho. Militia of the
Commonwealth of Pennsylvania. Ap
proved May 4, 1801.
Section 1. Be it enacted by the Senate
and House of Representatives of the
Commonwealth of Pennsylvania in Gen
eral Assembly met, and it is hereby en
acted by the authority of the same, That
every able-bodied white male citizen, res
ident within this State,of the age of twenty
one years and under the age of forty-five
years, excepting persons enlisted in vol
unteer companies, persons exempted by
tho following sections, idiots, lunatics,
common drunkards, vagabonds, paupers
and persons convicted of any infamous
crime, shall be enrolled in the militia;
persons so convicted after enrollment,
shall be forthwith disenrolled, and in all
eases of doubt, respecting the age of a per
son enrolled, tho burden of proof shall bo
upon him.
Section 2. First. Assessors shall annu- .
ally, and at the same time they are en
gaged in taking the assessment or valua- j
fiou of real and personal property in their
respective wards, boroughs or townships,
make a list of persons living within their
respective limits liable to enrollment, and
place a certified copy in the office of the
county commissioners of each county in
the State, whose duty it shall be to record
said roll or list of names in a . book to be
provided for that purpose, in the same
manner as other books of record are
provided; and such record shall be
deemed a sufficient notification to all per
sons whose names are thus recorded, that j
thev have been enrolled in the militia. j
Srroml. As soon as tho roll is complet- j
ed the assessors shall forthwith cause no
tices thereof to be put up in three of the
most public places in the city, ward, bor
ough, or township, which notices shall set
forth that the assessors have made their
roll of all persons liable to enrollment ac
cording to law. and that a copy thereof
has been left tor record iu the office of
the county commissioners, w here the same
may be seen or examined by any person
interested therein, until sumo day aud
place, to be sjie die 1 iu such notice,when
the said as-e-«i>rs and commissioners of
tho county will meet to review sueli en
rollment; such review shall bo made at
the same time and place the said assessors
aud commissioners review their assess
ment of real aud personal property or for j
Third. Any person claiming that he is j
not liable to military duty on account of j
some physical defect or bodily infirmity, |
or that lie is exempt from the perform- j
ance of military duty by any law of this I
Suite or of the United States, may on or
before the day specified in such notice,
and not after, deliver to said assessors an
affidavit stating such facts on which he
claims to be exempt or not liable to do mil
itary duty, such affidavit may be made be
fore any person authorized to administer
oaths, and the assessors shall cause all
such affidavits to be filed it the office of
the county commissioners, and if any per
son shall swear falsely in such affidavit,'he
shall be guilty of perjury.
Fourth. On the day that the county or |
city commissioners meet to review the as- i
sessment of real and personal property,or
for holding appeals, they shall also deter
mine who are exempt or not liable to do
military duty, and, in a column prepared
for that purpose iu such roll, opposite the
name of each person not liable to do duty, i
shall insert "exempt" or "not liable," as j
tho case may he ; and opposite the names I
of all members of uniformed companies,
on such roll, shall insert "V. C.;" and
against the name of any military officer in
commission and liable to do duty, the title
of his office; and shall also insert against
the names of persons between the ages of
eighteen and twenty-one years "minor,"
but if such person will have arrived at the
age of twenty-one on or before the fifteenth
day of October following such enrollment,
then the designation last above provided
need not be made.
Fifth. The said commissioners shall, at
the time they shall meet to review their
enrollment and for appeals, make a certi
fied list of the names of all persons whom
tliey shall determine to be exempt, ornot
liable to do rfiilitary duty, and shall file
the same in their office for the future ex
amination of the assessors and commission
ers.
Sixth. The commissioners in each city
and county shall each year carefully ascer
tain from the corrected assessment and
military rolls the whole number of persons
enrolled as liable to perform military duty,
including all members of military compa
nies, and shall report the same to the Ad
jutant General on or before the firstdayof
.November in each year.
Seventh. When theassessors shall have
completed their assessment roll they shall
sign the same, and shall attach thereto an
affidavit substantially as follows :—The un
dersigned, assessor (or assessors) of (be
city (borough or ward or township) of ,
in the county of .being sworn (or af
firmed) say that they have made strict
and diligent inquiry to asßertain the names
of all persons required to be enrolled as
liable to military duty by the laws of the
Lnited Statesresidiug in the district,that
the roll hereto annexed is, as near as the !
AMERICAN CITIZEN.
deponent (,» dejwnciitf) cau ascertain, a
correct Villi > i' all persons residing in Said
district, Who reliable to be enrolled. The
said affidavit shall be taken before any
'officer autb uiseil by law to take affidavits,
whose duty it shall be to take the same
without fee or reward. The said assessor
or assessors shall then deliver said roll to
the county commissioners at their next
meetingand it shall be called the military
roll of said district; and also one copy of
the brigade inspector of the proper brig
ade.
Eighth. The assessors, commissioners,
or clerks, who shall refuse or neglect to
perform any of the duties required of him
or them by this act, shall forfeit and pay
the sum of not more than two hundred
dollars, to be recovered in the name of the
Commonwealth; and if any assessor, com
missioner or clerk, shall neglect or refuse
to perform such duties as are hereby re
quired, he shall be deemed guilty of a
misdemeanor, and such penalty, when paid
or collected, shall be paid into the treasu
ry of the county and belong to the mili
tary fund of the brigade. And it shall
be the duty of the district attorneys of
the several counties on complaint duly
made to prosecute any assessor, clerk or
commissioner, who shall neglect or refuse
to perform any of the duties required of
him by this act; the costs of any such
prosecution, if not collected from the de
linquent, shall be charged upon tho mili-
I tary fund of the brigade,
j Ninth —The compensation of assessors
| for their services in making the cnroll
| ment required shall be at the rate of three
I cents for each and every person so cnroll
jed and liable to do military duty, to be
I paid out of the brigade fund of tliecoun
i ty.
Section 3. Keepers of taverns or board
ing houses, and masters and mistresses of
dwelling houses, shall, upon application of
the assessors within whose bounds their
houses are situated, or of persons acting
under them, give information of the names
of persons residing in their houses liable
to enrollment or to do military duty, and
every such person shall, upon like appli
cation, give his name and ago; and if
such keeper, master, mistress, or person
refuses to give such information, or gives
false information, such keeper, master or
mistress shall forfeit ami pay twenty dol
lars, and such person shall forfeit aud pay
twelve dollars, to be recovered ou com
plaint of either of tho assessors.
Section 4. The enrolled militia shall be
subject to no active duty except in case of
war, invasion, the prevention of invasion,
suppression of riots, ami to aid civil offi
cers in the execution of the laws of the
Commonwealth ; in which cases theconi
uionder-in-ch.el hall order oat for actual
service, hv ';,u's or otherwise, as many of
the militia as 'y demand*.
Section ' II ■ rdi'i ol itie c uimand
or in-ch iel i: . i.ruc.ed to I lie mayor
or counciimi o • «•. r ■> tjie commis
sioners of . wii i aha i thereupon
appoint a time i , tace of parade for the
militia in the i.c.ty or county, and order
them to rppeui at the time and place,eitli
[ cr by leaving a written or printed notice,
j or orally ; and then and there proceed to
draft as many theieof, or accept as many
volunteers, as i- required by the order of
I the commander- n chief, and shall forth
| with notify tlie commander-in-chief that
they have performed such duty.
| Section 0. Every soldier ordered out,
| or who volunteers, or is draf ted, who does
not appear at the time and place designat
ed by the mayor, or couueiimen, or coun
ty commissioners, or who has not some
able-bodied and proper substitute at such
time and place, or does not furnish a rea
sonable excuse for such non-appearances,
as provided for in section ninety-six, shall
|be deemed guilty of desertion, and shall
jbe liable to such penaltyasa court martial
may adjudge.
Section 7. When tho militia are order
ed out or have volunteered for actual ser
vice, a.s specified in article four, they shall
be organized into companies, battalions,
regiments, brigades aud divisions; which
companies, battalions, regiments, brigades
i and divisions shall be numbered, and a
| record thereof made in the office of the
j adjutant general, and shall be officered,
governed, and disciplined according to
I tho laws of tho State and the United
States; and the State shall furnish arms
and equipments for each non-commission
ed officer and private, and pay them until
their term of service expires.
Section 8. When the Commander-in-
Chief deems it necessary he shall require
cities and towns to provide, in some suit
able place therein, such quantities of ord
nance stores and camp equipage as may be
requisite, and to keep the same until such
requirement is revoked. Every city or
county so neglecting to comply withsueh
requisition shall forfeit and pay not ex
ceeding five hundred dollars, which sum,
when collected, shall be paid into the
military fund of the brigade.
Section 9. In addition to the persons
absolutely exempted from enrollment in
the militia by the laws of the United
States, the following persons shall be ex
empted from military duty, namely: The
members of the Legislature and the offi
cers thereof, the Secretary of the Com
monwealth, Attorney General, State Treas
ury, Surveyor General, Auditor General,
State Librarian, Superintendent of Com
mon Schools, and all Judgesof the sever
al courts of this Commonwealth, Sheriff.
Recorder of Deeds, Kegister of Wills,
Prothonotary, District Attorney. Clerks
of the Courts of this Commonwealth.
Every nun commissioned officer, niusi
oinn and private of every unitbrmed troop
raised, who has or shall hercat'terjuuiform
himself according to the provisions of any
law of this State, and who shall have per
formed service in such company or troop
tor the space of seven consecutive years,
or three years iu active service from the
time of his enrollment tbcreiu, shall be
"Let us have Faith that Right makes Might! and in that Faith let js, to the end,dare to do our duty as we understand it"—' iracom.
BUTLEII, BUTLER COUNTY, PA., WEDNESDAY, JUNE 1, 18C4.
exempt from military ouly except incase
of war. insurrection, or invasion.
VOLUNTEER MILITIA.
Section 10. Tlie active militia shall be
composed of volunteers; and in case of
war, invasion, the prevention of invasion,
the suppression of riots, and to aid civil
officers in the executionof the laws of the
Commonwealth, shall lirst he ordered into
service.
Section 11. Each county in this Com
monwealth shall be a separate brigade,
and shall be. numbered iu the divisions to
which they severally belong by the brig
ade-inspectors and brigadier-generals:—
Provided- That any county or counties,
not having the minimum number of en
rolled mi'itia necessary to constitute a
brigade, shall be Consolidated with other
counties at the direction of the Comman
der-in-Chief. And Provided , That the
city of Philadelphia shall bo divided into
four brigades, aud the city of Pittsburgh
shall constitute one brigade.
Section 12. The volunteer and enrolled
militia of this Commonwealth shall be
divided into twenty divisions, as follows:
First division, Philadelphia.
Second division, Bucks, Montgomery,
and Delaware.
Third division, Chester and Lancaster.
Fourth division, York and Adams.
Fifth division, Berks, Lebanon, and
Dauphin.
Sixth division, Schuylkill, Monroe,Car
bon, and Pike.
Seventh division, Northampton,and Le
high.
Eighth division, Northumberland, Un
ion, Montour, and Snyder.
Ninth division, Columbia, Luzerne,and
Wyoming.
Tenth division, Susquehanna and
Wayne.
Eleventh division, Lycoming, Clinton,
Potter and Cameron.
Twelth division, Clarion, Elk, McKean
and Forest.
Thirteenth division, Bradford, Tioga
and Sullivan.
Fourteenth division, Juniata, Mifflin,
Centre, Huntingdon and Clearfield.
Fifteenth division, Cumberland, Frank
lin and Perry.
Sixteenth division, Bradford, Somerset,
Cambria, Blair and Fulton.
Seventeenth division, Westmoreland,
Fayette, Washington arid Greene.
Eighteenth division. Allegheny, Arm
strong Indiana and Jefferson.
Nineteenth division, Butler, Beaver,
Mercer ane Lawrence.
Twentieth division, Crawford, Erie,
Venango and Warren.
Section 13. Petitions for organizing
compan es may be granted by the com
niatKiei in thief, and sueli companies shall
be organized as follows:
Toeveiy eompanyof cavalry—one cap
tain. one li st lieutenant. < in: ,-ccond lieu
tenant, our first sergeant. one quartermas
ter Bergean . one commissi; > ci'4caut,fivc
sergeant.-. eight eorpoials. iw ruinpeters,
two liirr or (ir black ami: lis one saddler,
one wagoner,and sixty pi iva'.es; nt.ninium)
seventy-eight privates (maximum.)
Of infantry—one captain, one firstlieu
tenant, one second lieutenant, one first
sergeant, four sergeants, eight corporals,
two musicians, one wagoner, sixty-four
privates (minimum,) and eighty-two pri
vates (maximum.)
Of artillery—one captain, one first lieu
tenant, one second lieutenant, one first
sergeant, one quariorniastei sergeant, four
sergeants, eight corporals, two musicians,
artificers,-one wagoner, and one hundred
and twenty-two privates.
Section I*l. Non-commissioned officers
and soldiers of volunteer companies shall
serve therein for five years, unless disabil
ity after enlistment incapacitates them to
perform duty, or they are regularly-dis
charged by the proper officer.
Section 15. No election of officers shall
be ordered in a company hereafter organ
ized unless at least the prescribed mini
mum number of men have been enlisted
therein. Upon the enlistment of that num
ber, and notification given to the comman
der—in-chief by one or more of the pe
titioners for the company, attested by the
mayor of a city, or the commissioners of a
county, an election of officers may be or
dered ; and if there is no officer of the
volunteer militia Conveniently located to
prosidc at such election, the commander
in-chief may issue an order for that pur
pose to one or more of the councilmen,
mayor of a city, or comrrtfssioners of a
county, where a majority of the petition
ers reside.
Section IG. After the organization of a
company, recruits shall sign their names
in a book of enlistment kept by the com
pany for the purpose, which signing shall
be a legal enlistment.-
Section 17. The commander-in-chief
may arrange the volunteer militia, when
they exist in sufficient numbers and are
conveniently located into divisions, brig
ades, regiments, battalions, and compan
ies, conformably to the laws of the United
States, and make such alterat ions as from
time to time may be necessary. Each
division, brigade, regiment, battalion,and
company shall be numbered at the forma
tion thereof, aud a record thereof made in
the office of the Adjutant General.
Section IS. Companies of cavalry and
artillery inconveniently located for such
organization may be attached to such brig
ade as the conimander-in chief shall or
der. Other companies inconveniently sit
uated, shall remain under their company
commanders, subject to the orders of the
commander-in-chief, through the comman
der of the nearest rtgiuient to whomsuch
commanders shall mako their annual re
port.
Section 19. If it appears to the com
mander-in-chief that a company of mili
tia has failed to comply with the requisi
tions of the law in matters of uniform
equipment and discipline, so that it is in
capacitated to discharge the duties requir-
cd of it, such company may bedisbaiided
liy the commander-in-chief.
OFFICERS.
Appointment, Election, Qualification and
Ditcharge of:
Section 20. Tbe officers and non-eom
misioned officers of the militia shall be as
follows:
A commander-in-chief.
An adjutant-general, an inspector-gen
eral, a quartermaster-general, and a com
missary-general, each with thu rank of
Brigadier-general.
Aids to the commander-in- chief, with
the rank of colonel, not exceeding four in
number.
To each division there shall be one ma
jor general, one division inspector, with
the rank of lieutenant colonel; two aids
decamp, one division quartermaster, and
one judge advocate, each with the rank of
major.
To each brigade there shall be one brig
adier general, one brigade inspector, with
the rank of major, to serve also as brigade
major, one brigade quartermaster, and one
aid decamp each, with the rank of cap
tain.
The officers, non commissioned officers
and privates of artillery, infantry and cav
alry companies, shall be the same as pre
scribed for volunteer companies in section
twelve.
To each regiment of infantry ten com
panies.
One colonel, one lieutenant colonel, one
major, one adjutant (an extralientenant),
one surgeon, two assistant surgeons, one
quartermaster (an extra lieutenant), one
chaplain, one sergeant major, one regi
mental quartermaster sergeant, one regi
mental commissarysergeant, one hospital
Stewart, two principal musicians.
To each regiment of cavalry twelve
companies.
One colonel, one lieutenant colonel,
three majors, one surgeon, two assistant
surgeons, one regimental commissary (an
extra lieutenant), one regimental quarter
master (an extra lieutenant), one com
missary sergeant, two hospital stewards,
one saddle sergeant, and one chief trump
eter.
To each regiment of artillery, twelve
batteries, one colonel, one lieutenant colo
nel; one major for every four batteries,
one adjutant (not an extra lieutenant,)
one quartermaster (not an extra lieuten
ant), one chaplain, one sergeant major,
one quartermaster sergeant, one commis
sary sergeant, one hospital steward, two
principal musicians.
Commanders of volunteer regiments
shall appoint non commissioned staff of
ficers; sergeant majors and quartermas
ter sergeant of battalions shall be appoin
ted by the major; non commissioned of.
fleers of companies by the respective cap
tains; clerks by the commanding officers
of the respective companies.
To every company there shall bo one
clerk, who shall be detailed for that duty
from the company.
Section 21. When a company has
neither commissioned nor non commission
ed officers, the commander of tho regi
ment or battalion to which it belongs shall
appoint suitable persons within saiil com
pany to be non commissioned officers
theioof; and shall appointonc of the non
commissioned officers to be clerk, endorse
the appointment on his wanjmt, adminis
ter the oath to him, and certify the same.
The senior non commissioned officer of a
company without commissioned officers,
shall command the same, except upon pa
rade, and as provided in the following sec
tion.
Section 22. When a company is first
enrolled, or from any cause is without of- j
fleers, and an election of officers is order
ed, if such company neglects or refuses to
elect any officer, or if the persons elected
shall not accept, the commander of the
regiment or battalion to which it belongs
shall detail some officer of the staff or line
of the regiment to command said company
until some officer is elected or appointed
by the commander in chief: such officer
shall have the same power, and bo subject
to the same liabilities as if he were cap
tain of such company.'
Section 23. The military officers of the
State shall be chosen as follows :
Major Generals by the commander-in
chief, with the consent of the ,-enatc.
Brigadier Generals by the written or
printed votes of the field officers of the
respective brigades and commanders of
brigade companies.
Field officers of regiments and battal
ions by the written or printed votes of the
commissioned officers of the companies of
the respective regiments or battalions.
Commissioned officers of companies by
the written or printed votes of the non
commissioned officers and privates of the
respective companies.
Section 24. The staff officers of the mil
itary force of the State shall be appointed
in the manner following:
The Adjutant General by the comman
der-in-chief.
The quartermaster general by the com
mandcr-in-chief, with the consent of the
Senate; and when iu a state of war, a
rommissary general by the commander-in
chief, with the consent of the Senate.
The aids to the commander-in-chief by
the commander-in-chief.
The division inspectors and division
quarter masters by the respective major
generals, and approved by the commander
in-chief.
The aids decamp of major-generals by
the respective major-generals.
The judge advocates by tbe respective
major-generals.
The brigade majors and inspectors,
brigade quartermasters, and aids decamp
to brigadier-generals, by the respective
brigadier-generals.
Chaplains, adjutants, and quartermas
ters, by the respective colonels
Surgeops »nd assistant surgeons of regi-
merits by the respective colunels, appro
ved by the surgeon general.
Adjutants aud quartermasters of battal
lions by the respective majors.
Section 25. .Before entering upon the
duties of their offices, the quartermaster
general and the couimissary-general shall
each give bond to tho State in the penal
sum of twenty thousand dollars, to bo ap
proved by the Governor, conditioned faith
fully to discharge the duties of their office.
Section 20. The adjutant general may
appoint an assistant adjutant general, with
the rank, pay and allowance of a captain
of infantry in the United States service,
who shall be com missioned by the Goveru
nor.
Section 27. The quartermaster general
and the commissary general may, respec
tively, appoiut an assistant, each of whom
shall be entitled to the rank, pay, and
allowances of a captain of infantry in the
United States service, and shall be com
missioned by the Governor, and shall'
give bonds to the Commonwealth for the
faithful performance of their respective
duties in such sums as may be approved
by the Governor.
Section 28. The adjutant general, tho
quartermaster general, the inspector gen
eraral, and the commissary general shall
each receive a salary of six dollars per
day when actually omployed in the service
of the State.
Soction 29. In time of war, insurrec
tion, or invasion there shall bo one sur
geon general of the State, to be appointed
by the commander-in-chief, with the ad
vice and consent of the Senate, who shall
be entitled to six dollars per day when
actually employed in the service of tho
State.
Section 30. Tho adjutan! general, quar
termaster general, inspector general, com
missary general and surgeon general may
with the consent of tho couimauder-ih
chief, employ such clerical force as may
be required in their respective depart
ments, who shall be paid such rates of
compensation as may be deemed just and
proper, payments for the same to be made
by warrauts, drawn by the respective
heads of departments, upon tho Treasury
of the Commonwealth.
Section 31. All commissioned officers
shall be commissioned by the commander
in-chief according to the respective grades
to which they may be elected, on returns
of election made through the Adjutant
General.
•Every non-commissioned officer's war
rant shall be given and signed by the
commanding officer of his regiment or
battallion.
Clerks shall have their appointments
certified on the back of their warrants by
the commanding officer of their respec
tive companies.
Section 32. Major Generals shall be
notified of their appointment by tho Se
cretary of the Commonwealth ; and unless
within thirty days after such notice they
signify their acceptance of office, shall be
taken to have refused the same
Section 33. Electors shall be notified
of elections at least ten days previously
thereto. A non-commissioned officer or
private unnecessarily absent from compa
ny election, shall forfeit one dollar, to be
recovered on complaint of the clerk, to be
paid into the military fund of the brigade
to which such company belongs.
Section 34. <)dicers ordering elections
may preside or detail some officer of suita
ble rank to preside.
Section 35. A captain or staff sfficer of
the rank of captain may preside at the
election of an officer of an equal or inferi
or grade within the limits of his regiment
or battallion, but no candidate for the
vacancy shall preside at the election, ex
cept to adjourn the meeting, if no proper
officer appears to preside. At all elec
tions such presiding officers shall keep a
record of the proceedings and make re
turn thereof to the commanding officer of
the battalion, regiment, brigade, or divis
ion, as may be proper.
Section 36. The person who has a ma
jority of the written or printed votes of
the electors present at a meeting duly no
tified shall be deemed elocted; and the
presiding officer shall forthwith notify
him of his election, and make return there
of, or of neglect or refusal to elect, to the
Commander of the division. Every per
son so elected and notified shall accept, if
a brigadier general or field officer, within
ten days; or if any company officer, with
in five days ; otherwise he shall have been
taken to have refused. If before the
meeting for the election of any officer is
dissolved, the person chosen signifies to
the presiding officer his refusal to accept,
the same shall be recorded, and make
part of the return, and the electors shall
proceed to another election. Elections
may be adjourned not exceeding twice,
and each adjournment for a period not
exceeding two days; but no company elec
tion shall be legal unless it is notified iu
the manner already prescribed. The
original roster of the brigade, regiment
or batallion, or the original roll of the
company, as the case may, shall be produ
ced at such elections, or the person hav
ing the legal custody thereof.
Section 37. When an officer holding a
military commission is elected to another
office in the militia, and accepts the same
such acceptance shall constitute a part of
the return of tho presiding officer, a*d
shah vacate the office previously held,
j Section 38. Commissions shall be trans
mitted to the commanding officers of di
visions, and by them through the proper
officers to the officers elect.
Section 39. When a person elected or
appointed to an office refuses to accept
his commission, or qualify at the time of
acceptance, the Major General shall certi
fy to the fact on the back theieof. and re
turn it to the Adjutant General, aud if
the office is elective a new election shall
be ordered.
I Section 40. No candidate fur office iu
the militia, pending or after au election,
shall treat with intoxicating liquors the
j persons attending thereat; and no officer
shall, on days of military duty, so treat
persons performing such duty under a
penalty of twenty five dollars—one-half
to the informer and the other half to the
military fund of the county brigade.
Section 41. No officer or soldier shall
be arrested ou civil process wliilogoing to,
remaining at, or returning from a place
where he is oixieied to attend for election
of officers, or military duty.
Section 42. Every commissioned officer,
before he enters on thedutiesof his office
or exercises any command, shall take and
subscribe before a justice of the peace, or
general or field oflioer, who has previously
taken and subscribed them himself, such
oath and declarations as may be prescrl
-1 e Ibythe commander in el if, whiclishall
not be inconsistent with the oath and dec
larationsprescribed by the lawsof the Uni
ted States.
Section 43. When an officer tenders
his resighation, with the approval of the
commanders of the regiment or battalion,
brigade and division, to which he belongs,
the commander in chief may discharge
him.
Section 44. No commanding officer
shall appprove a resignation uudcr the
preceeding section, uuless the reasons for
such resignation are urgent, aud prove to
his satisfaction, and the rolls, orderly book,
roster, and documents in the custody of
the officer resigning shall, before his dis
charge is delivered to him, be deposited
with the officer having a right to the cus
tody of the same.
Section 45. No officer shall bo discharg
ed by the commander-in-chief unless upon
his own request, Except as fo.lows :
When it appears to the commander-in
chief that he has become unable or unfit
to discharge the duties of his office, or to
exercise proper authority over his inferior
officers aud soldiers, or that he has been
convicted of an infamous crime.
When the commander of his division
certifies that he has, cither before or after
receiving his commission,removedhisres
idence out of the bounds of his command,
to so great a distance that, in tho opinion
of such commanding officer, it is incon
venient to exercise his command.
When such comnmndci certifies that he
has been absent from his command more
than one year without leave
Upon address of both Houses of the
Legislature to the Governor.
Upon sentence of court martial after
trial according to law.
In which cases he may be so discharg
ed.
Section 10. The commissions of staff
officers, appointed by a commanding offi
cer, shall expire as soon as tho successor
of such commanding officer is commis
sioned.
Section 17. Officers under arrest shall
be suspended from exercising the duties
of office; and resignations tendered un
der charges, when forwarded by any com
mander, will always be accompanied by a
copy of the charges, by a written report of
the case, for tho information of the com
mander-in-chief.
TIIF. ADJUTANT GENERAL.
Section 18. The Adjutant General shall
hold his office for the term of three years,
and until his successor is appointed and
qualified, but may be removed at any time
by the commander in chief.
Section 4!) lie shall distribute all or
ders from the commander-in-chief, shall
ebey all orders relative to carrying into
execution and perfecting any system of
military discipline established by law, and
shall be iu attendance when the comman
der-in-chief reviews the militia.
Section 50. lie shall furnssh to the
militia and volunteer militia blank forms
of rolls and of the different returns that
may b„ required, expkjaingtlieprinciples
upon which they should be made; of or
ders for the commanders of companies to
order the non—commissioned officers and
privates to notify their men to attend the
inspection, parades, reviews, and elcetion
of officers which may be ordered ; and of
notifications or orders to be left with the
men.
Sectional. lie shall make, proper ab
stracts from the retnrnsof the command
ing officers of brigades and divisions, and
lay the same before the commander-in
chief annually.
Section 52. lie shall annuelly make a
return in duplicate of tho militia of tho
State, with their arras, accoutrements and
ammunition, according to such directions
as he may receive from the Secretary of
War of the United States, one copy of
which he shall deliver to the commander
in-chief, and transmit the other to the
President of tho United States on or be
fore the first Monday in February.
Section 53. He shall annually in De
cember lay before the Auditor General an
account, with vouchers, of his expendit
ures as Adjutant General.
ARMS, EQUIPMENTS, EQUIPAGE. ETC.
Articles Furnished, by Soldier.
Section 54 Officers of the line and
staff officers, and soldiers of a volunteer
company, shall provide themselves with
such uniforms as shall be required, for
the time being, by the regulations of the
army; and every such soldier deficient
therein shall forfeit two dollars, to be re
covered on complaint of the clerk, to be
paid into the military fund of the proper
county brigade.
Seel ion 55. Every officer and soldier
shall hold his uniform, arms ammunition,
and accoutrements required by law free
from all suits, distres-es, executions, or
sales for debt or payment of taxes.
ARTICLES FURNISHED BY THE STATE.
Section 56. The quartermaster gener
al may deliver, as a loan from the State
to the commanding officer of each divis
ion, brigade, regiment, battallion, or com
pany of the volunteer militia, such tents,
fixtures, and other camp equipage as may
NUMBER 24.
be in the State arsenals; and each officer
to whom such equipage i3 delivered shall
be responsible for the safe keeping of the
same; and in case of the discharge or
death of such officer he or his legal rep
resentative shall be released from suoh re
sponsibility upon filing in the office of the
quartermaster-general a certificate of the
officer succeeding him iu command, that
the article* so furnished are, at the date
of tlio certificate, in good order and con
dition, reasonable use and wear thereof
excepted.
Section 57. The quartermaster-general
may, under the direction of the cominin
der-iu-chief, make such disposition of the
arms, accoutrements, ammunition, and all
other military property belonging to the
Commonwealth, as will most effectually
subserve as military interests or necessi
ties.
lie shall distribute to the officers of reg
iments, battallions, and compauies of the
volunteer militia. the arms,furniture.equip
ments, camp equipage, and books requir
ed by law to be furnished at public ex
pense, and may sue, either in contract or
tort, any or all such officers for loss or
damage sustained iu articles so furnished
them.
He may permit the field pieces and ar
tillery equipments, now in the possession
of any city or county, so to remain so long
as they provide suitable places of deposit
thoretor, and keep them iu gojd condition,
without expense to the Commonwealth.
Section 58. Each company of the vol
unteer militia, on application by the com- .
maiider thereof to the quartcrmaster-gen
cral, and producing satisfactory evidence
that a suitable armory or place of deposit
is provided therefor, may bo furnished
with such appropriate arms and equip
ments as shall be determined by the com
mander in-chic 112.
Section 69. Each company of militia
may be furnished with such instruments of
music as the commander-in-chief shall
order; each commander of a brigade may
draw orders upon the quartermaster-gen
eral, or officer acting as such, in favor of
the commanders of regiments, battalions,
and companies for instruments of music;
commanders of companies shall be respon
sible for the safe keeping of the instru
ments delivered to them for iho use of
their companies. "
Section GO. Each company of artillery
may lo provided by the quartermaster
general with the battery of manoeuvre
prescribed for that arm by the War De
partment, of the United Stales, with cais
sons, harness, implements, laboratory, and
ordnance stores, in possession of the State,
which may from tiuie to time bo necessa
ry for their complete equipment lor the
field; nud when a state of war, or dan
ger thereof, renders target practice expe
dient, in the opinion of tiic commander
in-chief, such quauily of ammunition an
nually as lie deems neeessa*y to be ex
pended in experimental gunnery. Xlm
commissioned officers of each complny
shall be accountable for the preservation
of the pieces, apparatus, and ammunition
ofomaid, and for the proper expenditure
of the ammunition.
61. The commanding officer of such
company, when it is so ordered by the
commander-in-chief to march out of the
city or county where the gun-house is sit
uated . and on occasions of parade, when
ordered by the commander-in-chief for
experimental gunnery, or camp duty, may
provide horses to draw the field-pieces and
caissons, and present his account of the
expenses thereof.
Section 02. All regimental and compa
ny organizations shall be drilled in accor
dance with such tactics as may be adopted
by the War Department and the army
regulations, when not inconsistent with
the provisions of this act.
Section 03. The quartermaster-general
may. with the approval of the commander
in-chief, sell or exchange from time to
time, such military stores belonging to
the quartermaster-general's department as
are found unserviceable or in a state of
decay, of which it may be deemed for the
interest of the State to sell or exchange.
ARMOR JEB.
Section 64. The commissi oners of coun
ties, or mayor and councilmen of cities,
shall provide for each company of militia
within the limits of their respective pla
ces. a suitable armory or pWc of deposit
for the arms, equipments and eqSipage
furnished it by the State. When a com
pany is formed from different places, the
location of such armory or place of de
posit shall be determined by a majority
of its members, the rent of which armory
shall be paid out of the brigade fund.
OfcDERS AND NOTIFICATIONS.
Section 05. Orders from the comman
der-in-chief shall bo distributed by the
adjutant general; division orders by the
division inspector; brigade orders by the
brigade major ; regimental and battalion
orders by the adjutant; company orders
by the clerk, or any non-commissioned
officer or private when so required by the
commanding officer.
Section 60. When a commander orders
his company for military duty, or for elec
tion of officers, he shall order one or more
non-commissioned officers or privates to
notify the men belonging to the company
to appear at the time and place appointed.
Such non-commissioned officer or private
shall give notice of such time and place
to every person whom he is ordered to no
tify if he fails to do so. he shall forfeit
not more than one hundred dollars, to be
recovered on complaint of the clerk, one
hulf to his use, and one half to the use
of the military fund of the proper brig
ade
Section 67. Xo notice shall fce legal
unless given by such non-commissioned
officer or private to each man verbally, or
by leaving at hia usual place of abode a
written or printed order, signed by such
officer, four days at least previous to the
time appointed if for military duty, and