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cer of the militia, one, and to deliver them to the comis manders of counties, to be by them distributed; and upon the death, resignation, or removal of any officer, the plan delivered him shall revert to the public; and the commanding officer for the time being, shall deliver the same to a new appointed officer who may not have received one; and for defraying the expence of so do

ing, shall draw on the contingent fund. Time for pro. VI. And be it further enacted, That two years after curing arms. the commencement of this act, shall be allowed for pro

viding the arms and accoutrements herein directed; but in the mean time, the militia shall appear at musters

with, and keep by them, the best arms and accoutreOfficer when ments they can get. Any officer who shall be guilty to be arrest.

of disobedience, or other misbehaviour when on duty, ed.

or shall at any time be guilty of any conduct unbecoming the character of an officer, shall be put under an arrest by his commanding officer, and tried as hereaf

ter shall be directed. If any non-commissioned officer Non-commis. sioned officer or soldier shall behave himself disobediently or mutiand soldier nously when on duty, on, or before any court or board how to be directed by this act to be held, the commanding officer, punished.

court, or board, may either confine him for the day,

or cause him to be bound neck and heels for any time By-stander not exceeding five minutes. If any byestander shall how to ne interrupt, molest, or insult any officer or soldier while punished. on duty at any muster, or shall be guilty of the like

conduct before any court or board, as aforesaid, the commanding officer, or such court or board may cause

him to be confined for the day. The lieutenant or Colours, &c. commanding officer of a county, shall cause to be purhow to be

chased, out of the money arising from the fines, for proocured.

every regiment in his county, the usual sets of colours, with such devices thereon as the executive shall direct; also a drum and file for each company; and on the colours and drum shall be marked, the name of the county, with the number of the regiment and company to which they belong.

And whereas it is necessary that adequate powers be Executive vested in the executive for calling forth the militia and empowered

resources of the state, in cases of invasion or insurto call forth the militia.' rection, or upon any probable prospect of such invasion

or insurrection: When,

VII. Be it further enacted, That the governor with the advice of the council, be authorized and empowered, on any such invasion or insurrection, or probable prospect thereof, to call forth such a number of militia and, from such counties, as they may deem proper. And To apparat for the accommodation, equipment, and support of the forces, so at any time to be called forth, tbe governor, with the advice aforesaid, may appoint such quarter. masters, commissaries, and other staff, as to them shall seem proper, and to fix their pay and allowances, and shall also take such measures for procuring, transporting, and issuing all stores which may be necessary, as to them shall seem best.

Orders for the

How to call

forth. militia to be called forth, as aforesaid, shall be sent to the county lieutenant or commanding officer, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the same, with the necessary number and ranks of officers by detail and rotatiou of duty. If such de

County heu.

tenant's duty tachmeat shall amount to one-third of a regiment, he in sending shall send one field officer with it; if two-thirds of a re- officers. giment, two field officers; and it more than two-thirds, three field officers. The county lieutenant or com- In impress.

ments. manding officer shall cause to be procured by impressment or otherwise, for each company, a waggon, team, and driver, six axes, and six camp-kettles or pots of convenient size, all which shall be delivered to the commanding officer of the company, who shall be acconntable for returning the same when his tour is over: and Hire to be the articles aforesaid shall be returned to the owners, pressed arti. who shall be allowed for the use of the same whatever cles may be adjudged by the court hereinafter appointed for enquiring into delinquencies. And to the end, that if Lost articles ang article impressed, be lost, the owner may be paid pud for. for the same, the county lieutenant or commanding officer shall cause all property by him impressed by virfue of this act, to be valued by iwo or more disinterested freeholders, on oath, before the same shall be sent away: and upon proof being made to the said court of any ar. ticle being lost, the valuation thereof shall be allowed, without any allowance for the use, and the said allowance shall be certified to the auditors of public accounts. The said court shall make enquiry into the cause of such loss, and if it shall appear that the said loss was occasioned by the misconduct or inattention of any officer, the county lieutenant or commanding officer is hereby authorized to prosecute a suit against such ofVop. XII.


ficer for the recovery of damages for the use of the conExecutive monwealth. If it shall appear to the executive, upon when to ap calling forth the militia, as aforesaid, that the necessaofficers.

ry number and ranks of officers will not attend the detachments for regimenting and officering them at the places of rendezvous, the governor, with advice of the council, is hereby authorized to appoint such field officers as may be necessary, from the counties called upon, as they may think proper, to join the forces so raised; and the senior officer shall arrange and command the whole, and appoint the usual regimental staff.

And if a general officer, or officers, shall, in the opinion of When to ap. the executive, be necessary, either on account of the point a briga. number of troops or importance of the service, the gov. dier.

ernor, with advice of ihe council, shall appoint and commission, one or more brigadiers general, for the then existing occasion, who are hereby authorized to appoint, each, an aid-de-camp, brigade major, and

brigade quarter-master. If a sudden invasion shall be County lieu. tenant's duty made into any county in this commonwealth, or in case on invasion & of an insurrection in any county, the county lieutenant insurrection. is hereby authorized and required to order out the

whole, or such part of his militia as he may think necessary, and in such manner as he may think best for repelling or suppressing such invasion or insurrection; and shall call on the lieutenants or commanding officers of the adjacent counties, for such aid as he may think

necessary, who shall forthwith in like manner furnish Militia in ac- the same. And for assembling the militia required upon tual service, such occasions, or by orders of the executive, the same how to be governed.

measures shall be taken to summon them, as is directed in the case of mysters. Whenever any militia shall be called forth into actual service, as aforesaid, they shall be governed by the articles of war which were last in force in the continental army during the last war; and courts-martial shall be held as are therein directed; but to the cashiering of any officer, or capital punishment of any person, the approbation of the executive shall

be necessary. And whenever any militia shall be in Pay and ra. actual service, they shall be allowed pay and rations, tions of mili. tia.

as follows, to commence from the time of rendezvousing in their counties, and to end, on being discharged, to wit: A brigadier general, one hundred dollars per month, and twelve rations of provisions and five rations of forage for himself and family, per day; an aidde-camp, thirty dollars per month; a colonel, seventy five dollars per-month, and six rations of provisions and two rations of forage, per day; a brigade major, thirty dollars per month, foor rations of provisions and two rations of forage, per day; a brigade quarter. master, thirty dollars per inonth, and three rations of provisions and one ration of forage per day; a lieutenant colonel, sixty dollars per month, and five rations of provisions and two rations of forage per day; a major, fifty dollars per month, and four rations of provisions and two rations of forage, per day; a captain, forty dollars per month, and three rations of provisions, per day; a lieutenant, twenty-seven dollars and two-thirds per month, and two rations of provisions, per day; an ensigo, (wenty dollars per month, and two rations of provisions, per day; a surgeon, sixty dollars per month, and three rations of provisions and two rations of forage, per day; a quarter-master, twenty dollars per mooth, and two rations of provisions and one ration of forage, per day; a' pay-master, forty dollars per month, and two rations of provisions and one ration of forage, per day; an adjutant, twenty-four dollars per month, and two rations of provisions and one ration of forage, per day; a quarter-master serjeant, eight dollars per month, and one ration per day; a serjeant, eight dollars per month, and one ration per day; a corporal, seven dollars per month, and one ration per day; a private, five dollars and one half dollar per month, and one ration per day. And should any of the staff be of the line, the allowances herein given shall include what they may receive in the line. A ration of provisions shall consist of one pound of fresh beef or pork, or three quarters of a pound of salt pork, one pound of wheat bread or four, or one pound and a quarter of corn meal, one gill of rum, when to be had, and one quart of salt, one quart of vinegar, two pounds of soap, and one pound of candles, to every hundred rations; but in case salt meat be issued, the salt to be withheld; and a ration of forage, of ten quarts of corn or oals, and fourteen pounds of hay or fodder. And moreover, every militia-man, upon his discharge from actual service, shall be entitled to and receive one day's pay for each twenty miles such place of discharge shall be distant from his place of abode. And should the executive at any time find it expedient to retain the whole or any part of the rations of provisions or forage herein allowed to officers, and to allow a composition

in money, they are hereby empowered to do so. Patrollers.

VIII. And be it further enacted, That the commanding officer of the militia in every county, shall: from time to time, as he shall deem it necessary, appoint an officer, and so many men of the militia as to, him shall appear necessary, not exceeding, four, once in every month, or oftener, if thereto required by such officer, to patrole and visit all negro quarters and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons, as aforesaid, unlawfully assembled, or any others strolling a. bout from one plantation to another, without a pass from his or her master, mistress, or owner, and

carry them before the next justice of the peace, who, if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person, as aforesaid, to receive any number of lashes, not exceeding twenty, on his or her back; and in case one company of patrollers shall not be sufficient, to order more companies for the same service. And after every patrole, the officer of each party shall return to the captain of the company to which he belongs, a report in writing upon oath (which oath such captain is hereby empowered to administer) of the names of those of his party who were upon duty, and of the proceedings in such patrole; and such captain' shall once in every month deliver such patrole-returns to the commanding officer of the militia, by whom they shall be certified and delivered to the next court-martial; and if they shall adjudge the patrollers to have performed their daty according to law, the chief officers shall certify the same to the county court, who are thereupon empowered and required to levy twenty pounds of tobacco, or three shillings for every twelve hours each of them shall so patrole. And every commanding officer failing to appoint patrollers according to the directions of this act, shall. forfeil and pay ten pounds; and every person appointed to patrole, failing to do his duty, shall forfeit and pay twenty shillings for every sueb failure; which fines shall be laid, collected, accounted for, and appropriated, as is

tain tribunals, be described and instituted for the trial Courts for herein directed, for laying, accounting for, and aptrying officers propriating the several fines and penalttes by this

acı directed. And whereas it is necessary that cer

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