Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0570

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Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0570

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\ A» ACT To regulate and discipline the militia of this "• state. Be it enacted by ihe-Gchtrtif aiitnybly i, the mem ber'g of both houses "of congress, and their respective officers, the members ofthe-executive council, the chan- cellor, |he judge? .of the county courts, and theclerks of those courts, the members of the legislature of the state, and their clerks, whilst in session, the prof-ssorg and masters of all colleges ti. public schools patroni«cd by the state, all custom-house officers with their clerks, all post officers, and stage drivers who are employed in the care i.nd conveyance of the mail of the post-office of the United States, all ferrymen employed at anv ferry on the post road, all inspectors of exports, all 'pilots,.all marine)s actu Uy employed in the sea service of any citizen or merchant within the United States, all persons actually enga. ¦gxd in the coasting trade, the trnsur rs of the western and eastern shore, a id auditor, and also all miuisters of the gospel regularly or dained or licensed by any religious society, all quakers menonists, tunkers, and persoi s, conscientiously scrupulous of bearing arms, shall be subject to do militia du'y under this act ; provided, that no person shall be ex erupted from militia duty on -account of con- sciencious scruples, who shell not produce to the captain or commanding officer of the dis- trict where he resides, a certificate from gome licensed preacher of the gospel, or sign ed by (he proper officer of some religious go- eie^y, stating that he Iris reason to believe, and verily does believe, from the religious and ex:rnpiaty deportment nnd uniform declara- tions of such person, that he isconseient ous- ly scrhpulnus of bearing arms ; and it shall at all times hereafter be ihe duty of every cap- tain or ro.mmanding officer of a company, to enrol every able bodied wrbite male citizen be- tween eighteen and fortv-five years of age, and- also tl) .those who shall from time to time aru e at the age of eighteen years, who shall ' res'cie within his bounds, and he shall with- out delay notjfy such citizen of the said en- rolment, hy a proper non-commissioned offi cer of the company, or other suitable person, bv whom such notice may be proved ; and in all cases of doubt respecting the age of any person enrolled, or intended to be enrolled, the party questioned, shall prove hig age to the satisfaction of the commanding officer. II. And be it enacted, Thit no free white male citizen of the age of eighteen and under forty-five yell's, shall be excused from Riili- tia duty on account of corporal inability, nn. less he shall obtain Irom the surgeon of the regiment to which he belongs, or two rest.er. table physicians of Ms county a certificate that he is not of sufficient ability to perfojm militia duty. ljt.jnd. whereas the militia «f this str.te hath heretofore been enrolled and arranged into divisions, hrigad.'s, regiments, battalions and companies, and the same were numbered mnd recorded in the adjutant general's office, and where convenient, each brigade hath bi en made to consist ol'fiur. regim-ntg, eachrogi, merit of two battallions, each battallion of five companies, each company of sixty tour ,>ri .vates, four scarjeants, four corporals, one drummer and one filer or bug'er ; therefore, Be it en iclrd, That the said 'enrolment and ar ; rang ment shall be and the same is hereby • eon.irined, except in cases where the same may he altered and changed in manner follow- iii^r, viz. where a mnjor genera! shall call a _3)ieetijBg-of-*he brigadiers of his division, at some central place thereof, and convenient time, to be by him appointed, wdio shall re- vise the arrangement and bounds of the seve- ral brigades, and make any alteratiotig of the same that may appear to them necessary, and in case of such alteration being made, the ma- jor general shall return the same to the adju- tant general' office ; and whe' e the said se- veral brigadiers sfrill call together the lieute- nant colonels and majors of their several bri- gades, at some convenient place and time, to be by them appointed, and then' and th- re de- termine on any alterations that may be deem, ed necessary in the arrangement and bounds of their regiments and extra battalions, and the said brigadiers shall, as soon thereafter as m:iy be, make return of such altdvatior.s to the adjutant-gen's office, to be therein record- ed ; and the said several commanding offi-ers .of regiments and extra bettali ins shall, from tinru to time as may be necessarv, convene the majors and commanding DfRcew of com pa nies in tlieir respectne »eg. or extra ba 's, at some convenient .place and time, to be by them appointed, and then and there deter-' mine on any alterations that may be deer.ied necessary in thsir arrangement and bounds of their several battalioi s and companies, and a return tn writing of such alterations as shall be. made by the.commanding officer of the re- gimeiitorextra bat to the inspector of their brigade. Sect. IV. and be it enacted, That all commit signed officers appointed by the governor and council,and acceepting such appointment,who shall not, on or before the day of next arm accoutre, and provide themselves, as is directed bv the act of congress entitled an act more effectually to provide for the national defence by establishing an uniform militia throughout the U S. shall be fined at the dis- cretion of a court martial a sum not eceeding dolls. nor less than for such neglect, a further sum not exceeding for every they shall continue such neglect; and all non- commissioned officers and privates enrolled, notified thereof, and liable to militia duty as aforesaid shall within months thereafter arm and equip themselves in the manner di- rected by said act of congress, except, such as shall be adjudged by a company court martial to be too indigent to bear the expenceot such armament;« ;. equipment; and that out of the militia enroled as is herein directed, there shall be formed for each battalion at least one company of grenadiers, light infantry or rifle- men, and that to each brigade there shall he «.t least oi.e company of artillery, each of the noncommissioned officers and privates or ma grosses of which shall within months after their enrolment, provide himself with a sword or hanger, under, the penalty of a sum not ex- L- ceeding nor less, than at the d'>> retibn V\ of a company court martial, and afurtnir sum not exceeding nor less than f irewery months that he shall remain unprovided us aforesaid ; and that to each brigade there shall be attached at least two troops of horse, each of the dragon, s whereof shall within months after his being enroled, arm and e- QuiJ) himself in the manner prescribed by the said act o * congress, under the penalty of a sum not exec. dollars, at the dis- cretion af a.coiT»pahy court-martial, and a fur- ther sum, not exceeding dollar*, for eve- ry mouths that he shall delay his arma- ment and equipment as aforesaid, and every Citiaenervrole(i£t.eqaip«dasiilbresii.id^sliaUhold hissriris,..aminnr:it!otir,d'Ercoiitrrfrn.'rts, free and exempt from all suits, distreifes, .execu- tions or sates, for debt,, rent or the, jj^yment ot snv taxes- ; The. following? articles, rules and regullt- ti'ons, shall be those by which the militia of this state shall be governed. A} tide 1st- IfanyfieM or other commission- ed officer, at any regimental, battalion, or com- pany meeting, or any other occasion when the regiment, battalion or companv, to which he may belong, or in which he holds a command, is paraded, shall misbehave, demean himself, or appear in an unofficerdiltenr.aniierybe shall, for such offence, Jie^shie,red,or punished by fine, at the di'acrerfvnpfa brigade or regimen- tal cnurt.mar.tjaL as the case may require, in aiiy sum not exceeding------ dollars, nor less than------; that for offences against the mili- tia lawoCOfis state, sdl company commission- ed officers filiatl be tried by a regimental court martial, but in case of cashiering, they may have an appeal to. a briga tial ; and a non-commissioned offending in guch esse, shall be fined, at thediscretion.ofa company court martial, in any sum not excee- ding i*- dollars, nor less than ~4------- Article'^ If any captain or commanding ofn- Csi'ot a company ghall refuse or neglect to make a list of the persons notified to perform any tour of duty, and send or convey the same to the commanding officer of the regiment or extra battalion to which suchcompany belong, for such neglector refusal he shall be cashier- ed, or fined, at the discretion of a regimental court-martial, a sum not exceeding ¦ '¦' ¦ dol- lars nor less than---------- Article 4th. Every general court-martial shall consist of thirteen members, one of whom at least shall be a general officer, fjndnone under the grade of a field officer. Article 5th Every division ocourt-martia) shall consist of twelve.members, two-thirds ol whom at hast shall be field officers."**' Article 6ih. Every brigade court martial shall consist of twelve members, at Wat one third of whom shall be field officers. Article 7th. Every regimen al court-martial shall be composed of six commissioned offi- eerg. Article Bth. Every extra battalion court- martial shall consist of six commissioned of- ficers. Article 9th. Every company court-martial r.hall be eomposedof one sub-dtern officer, one m n commissioned officer and one private, to be appointed by the commanding officer of the company Article lOt/i. In every court-martial, not less than iwo thirds of the members must agree in every sentence for inflicting any penalty, o therwise the person charged shall be acquit- ted. Aeticie l\th. The president of each & every court martial shall require all witnesses pro- duced on the trial of offenders, to declare on oath or affirmation, as the case may be, that the evidenc they shall give ghall be the truth, the whole truth, and nothing but the truth ; & the members of all such courts shall take an oath, or affirmation, which the president is re- quired to administer to them, as follows :— " You, and each of you, do swear, or affirm. " (as the cage may be,) that you will well and " truly try, and impartially determine, all can " ses to be triad by this court.accordingto the " rules for regulating and governing the mili- "tia.ofthe state of Maryland; so help you " God ;" andthe president shall take the same oath, to be administered by any memberof the court-martial. Article 11th. Every court-martial shall have power and authority to jgsae attachment, di rectedto such person as they may appoint, a- gainst all and every person or persons who shall neglect or refuse, on being notified there- of, to attend for the purpos ;of giving evidence in any case therein pending, and fine such per- son in any sum not exceeding---------, out of which sum the person serving such attachment shall receive such compensation as the court- martial may deen reasonable. Article 13fA. No officer, charged withtrans- grcssingthese rules, shall be suffered to do duty in the regiment, battalion, company or troop, to which he belongs, until he has his tri- al by a court martial, and every person . so charg«d, shall be tried as soon as a court-mar- tial can conveniently be assembled, and shall be furnished by the adjutant-general, the bri gade inspector, adjutant of -the regiment, or other person, as the case m!.y require, with a copy of the charge or charges exhibited a- gainst him, at least ten days before his trial, that l.e may have an opportunity to prepare his defence. Article "14th. It* any officer or private shall think himself injured by the commanding offi- cer of the regimentor extra battalion, andshall upon due application made tostich command- ing officer, be refused redress, he m*y com- plain t" the brigadier-general, whovnay, inhis discretion, direct the inspector of the brigade to summon abrigade court martial,that justice may be done to such officer or private. Article \Sih. If any non-comu iggioned officer or private shallthink himself injured by hiacap- tain, or other superior officer in the reginent, e*tra battalion, troop or company to'which he belongs, he may complain to the commanding officer of the regimcrt, or if a trooper or artil- lerist, to the brigadier general, who shall, at his discretion, summon a regimental court- maititl for doing justice according.; W the na* turaoi the case.- , Ait'5Pn«ifni,s brigade in the month of May nejiit; ~a>KVsl " also appoint a day, for the liiceri'Ttg^eS"""* and inspection, in the. jniotiUi ->^^4**KfiJf, next, of each regiment sii^%^*jjM)3ffmi, sothat it shall be ihtliEvpowei ot the brigade inspector to attend to'iosiect the sam:- : and it shall be the cftijy of th<; tjrj^jawspector to give notice to the comrnuaS^offifcera of re ginients and extra bwHHilions composing the brigade to wMj$'*fcf belongs, of the days so appoiiil^d/tatl'eastffi ¦ days previons there- to, which da s when so appointed, shall con- tinue to be the days of meetings of the tegi- tnents and Battalions annually, unless other wise ordered by the brigadier or commanding ofiic-'r of the brigade ; and if any brigadier jns>||s;tor shall neglect to give the notice afore stud to the commanding officers of regiments and extra battalions, or shall neglect to attend the several regimental and extra battallion meetings, as b\ the act is direct- ed, or if attending, shall fi.il to ingpect the game, and n ake re ort thereof as directed by th e commanding officsr of the brigade, he shall, for every such neglect be fined a sum not more than' ¦ dollars, at the discreti- on of a brigade court martial ; and the com- manding officers of regiments shall, within ——— days thereafter cause a likf notice to be given to the nr.jors or commai ding officers of battalions, under the penalty of a sum not exceeding—-——duhars, at the discretion of pa^rigade eoinf martial ¦, and the majors or commanding officers o! battalions or extra bat talions si al, within —¦.------days thereafter, cause alike notice to be given t« the captains oreommandinglofficersot companies," ndert e penalty of a sum not exceeding---------dollars, atttie discretion of a brigade court-martial j and the captains or commanding officers of companies ghall cauge a notice to be g-iven to each commissioned, noncommissioned officer and private, composing their companies, at least days previous to to the days of meeting, under the penalty of a sum not i xceeding ..... dollars, nor less than ------, at the digcretion of a regimental court-marti- al. VII And be it enacted, That each command- ing officer shall appoint eight days for the meeting and exercising of hig company, who shall be notified thereof, between the first day of March and ihe first day of December in eacli and every year, and the said companies shall meet and be exerciged on the dayg soap pointed ; and it stm'l be the duty of every com- manding office* of a company to appoint a fit and proper person, who shall, at the end of one hour after the time appointed for the meet iig of the company, battalion, or regiment, as the case may be, call over the muster roll of die company, noting those who are absent, and on that day shall make return, in writing, of such absentees, to the commanding officer then present. VIII. And be it enacted, That if any commis- sioned officer, whose duty it shall be to at tend, shall refuse or neglect to attend any of said meetings, or attending, shall refuse to do the duties of his station, he will be fined at the discretion of the regimental court-mar- tial, not less than ...... dollars, nor more than---------dollars for every offence ; and if sny person belonging to the militia, whose du- ty it shidl be to meet and muster under the provisions of this act, shall neglect to attend any of the said meetings, o; attending, shall refuse todo the duties of his station, or shall depart from the parade without being duly discharged, such person, if a noncommission- ed officer or private, shall at the discretion Of a company court-martial, be fined a sum not less than . .. cents, nor exceeding ¦ ¦ dol- lars, IX. And be it enacted, That if any noncom- missioned officer or private, who is by this act required to provide himself with a musket or firelock, or who has received one the proper- ty ot the state, shall from and after the--------- dayjof ———next, appear in the ranks at any of the said meetings without such musket or firelock in serviceable order, he shall be fined a sum not less than •*— cents, nor more than — dollars, in the discretion of the compar.y court martial. X. And be it enacted, That all quakers, men- anists, tunkers, and persons conscientiously scrupulous of bearing arms, between eigh- teen and forty five years of age, and exempt from militua duty by the provis».ns of this act, shall pity the sum of —— dollar* annually. Sec. XI. And be it enacted, That the cojn- manding officer of each company shall appoint their non-commissioned officers, and if any person so appointed, having accepted of such appointment, shall negttjat to do the duties thereof, or refuse or neglect to obey the or- ders of his superior officers, be ghall forfeit and pay a sum not less than —— dollars, nor exceeding—— dollars in the discretion of a company court-martial. Sec. XII. And be it enacted, That all violati- ons of the provisions of this law to be subraUed te the decision ot fc company court-martial, :;c:;l! be inquired into by said eourt martial at; the next staled meeting ntt.iie:r company, or at such convenient time thereafter as the said court may appoint, the delinquent or delin- quent" being duly notified to apper.r before the said court-martial; to answer the charge or charges alledgcd against, him or thein res- pectively) and in case any dalinqncnt, being duly notified of the time and place of meeting of any such court-martial; ctiall refuse or ne- idect. to attend, the said, court-mart ial is au- thorised and empowered to proceed to the tried of such delinquent, in the dame manner as if he was personally present. Sec XIII And 6c it enacted, That any officer removing out of his comity, or, if a field-of- ficer or brigadier-general, out ot! his district, with an intention of making a permament change of his residence, shall, on such remo- val, be deemed to have resigned his com- m'ssion, and it- shall be the duty of the com- manding officer of the regiment, or extra bat- talion, to which He belonged, to make such va- nancy known to the governor and council, as soon thereafter as convenienllv Ynay be- Sec. XIV. And be it enacted, That in all cases where a militiaman mav be drafted to per form a taur of duty under th-s act, he nhall be considered as a soldier, and liable to all the duties as such, unless he shall furnish a sub. stitute ; and the commanding officer of the regiment, ol extra battalion, as the case, may be, to which they may belong, shall he the sole judge of fhequalificationofsaid substitute, and may receive or r. jecthim at his discretion. Sec- XV And be it enacted, That no militia- man shall leave the company to which lie be- longs-, except as herein after excepted, under ti e penalty of dollars, unless by consent oft he commanding "officer of the company, ar., unless he shall remove to some other d and in such case he shall apply to tl der of such company, whet, shall K'** m™ a Certificate of his being, djicaarged. litsSer the penalty of a sum not c.Sr.e^rtiilJf " " dfouars, snd if the said militin.man'h^drJjjiBiTi in actual ser- vice, shallals'o-ees^fejjllfc'time thereof, and h-w long he^#a|P§SB3ed therein, under the it enacted, That no person Rervingas a substitute !»r another, shall there- ex«ased from standing a draft him- ^*Sec.XVII. And be it enacted, Thatno officer or private of the militia in his attendance at, going to, or returning from, muster, shall be suhject to arrest for any civil matter. Sec XVIII And be it enacted. That if any suit or suits shall be brought or commenced against any personorpersons for any thing.'one in execution of the pro> isions of this act, the action shall be brought in the county where the cause or causes Of such action did arise, and not elsewhere, and the defendant or de- fendants may plead the general issue, and give this art and the special matter in evidence Sect. XIX. And be it enacted, That each and every officer appointed and commissioned by virtue of this act, shall be a citizen of the Unit- ed States, and take the several oaths prescrib- ed hy tie constilnu'on of this state, and also previous to their entering on the execution ol their respective duties, take the following oath, or affirmation : "I, A B.dosvrear, or affirm, (as the case may be.) that I will be true and faithful to the state of Maryland, and that I will diligently and faithfully do and perform the several duties assigned to me as of.the militia ol this state, according to the best of my skill and abilities ; so h«lp me God " Sect XX A d be It e>ac>ed, That if any by- stand»r shall interrupt, molest or insult, any officer or soldier while on duty at any muster, or shall be. guilty of like conduct before anv court-niartial, the commanding officer, or such court, may cause him to be confined for the da)', and he shsll ilso be fined nut less than cents, nor more than dollars, in the dis- cretion of a company court martial Sect. XXI. And be it enacted, That it shall be the duly of the brigade inspector to attend the brigadier general when required^ to re- ceive and execute all orders necensary to car- ry into effectthe provisions of this law, and up on refusal or negl ct, to be subject to a fine, not exceeding dollars, nor less than dollars, unless he can make a reasonable ex- cugo to the commanding officer of the brigade. Sect XXII. and be it'enacted, Tliatitshallbe the duty if'the adjutantofeachregimentandex- tra battalion to attend the regimental and batta lion meetings, and execute the orders of the commanding officers necessary to carry into effect the provisions of this law, and upon re- fusal or neglect to be subject to a fine, not ex- ceeding dollars, at the discretion of a re- gimental court-martial. Sect. XXIII. And be it enacted, That if any person shall hold or detain any arms oraccou trereent-. belonging to the state of Maryland, and not held or detained by such person as a member of a volunteer nihtia company, or as being given him by reason of his being too indigent to purchase the same at his own ex- pence, any commissioned officer is hereby au- thorised to apply to an< justice of the peace within the county where such person resides, who shall thereupon issue a warrant to any constable of the county, directing him to a. rest such parson, and carry him before some justice of the peace for said county, together with any arms and accoutrements alleiiged to be the property of the state, which may be in the possession of such person, and if the said justice of the peaoe should be of opinion that the said arms or accoutrements are the property of the state of Mar) land, then and in such cage the said justice of the p<. ace shall order and direct that the said arms and accou- trements shall be delivered up to the said com- missioned officer, for the use of the compam to which hehelongs, until demanded by the state, and upon such person's refusing or neglecting to comply with such direction, the said justice of the peace may commit such psrgen to the public gaol of the county until his compliance therewith ; and if the said justice shall deter mine that the said arms or accoutrements are not the property of the state of Maryland, the costs of such proceedings shall be paid out of the money in the hands of the paymaster, aris- ing from fines collected in the regiment to which such commissioned officer belongs, but if he shall determine that the said arms and accoutrements are the property of the atate, then the costs of such proceedings shall be paid by the said person in possession of such arms and accoutrements as aforesaid, and if any person holding as aforesaid any such arms or accoutrements, and knowing them to be the property of the state, shall refuse to deliver up the same to any commissioned officer de- manding them, such person shall forfeit and pay the sum of------ dollars, to be recovered as small debts are recovered, in the name of the state, and for the use of the regiment or extra battalion to which such commissioned officer may belong .' Sect. XXIV. And be it enacted, That in case of the death, resignation, or removal out of his district, of any subaltern officer, the com- manding officer of' the regiment or extra bat- Udion.to which such officer may have belong, ed, may appoint .a fit and proper person as a brevet officer, and shall immediately there- after notify the governor of. the same, and sttclr brevet officer shall have £nd exercise all the powers incident to his office, in as full and ample a manner as if he wr.s commissioned, until he shall be superceded by a commission- ed officer; provided, that the removal of anv such officer residing in any city or town, or precincts thereef, to any part of the said town or city, or the precincts thereof, shall in no wise be consideced as the resignation of such officer. Sect. XXV. And be it enacted, That no per- son under the age of twenty one years shall bg draughted to serve on any tour of duty, but any such person may serve as a volunteer ; pro- vided, that no such person shall be received ag a volunteer, without the assent of his parent, guardian, master or mistress. Sect XXVI. And be it enacted, That the commanding officers of regiments or extra battalions of the militia in Allegany county be, and they are hereby authorised and requir- ed to appoint two days in each and every year for the meeting and exercising of the militia in said county, in battalion, at such places as they may deem most convenient, insteul of other regimental or battalion meeting's direct- ed by this act; and that the said miliiia shall be called out, and attend said meetin.s, in the same manner, and under the same fines and forfeitures, that the militia of other coun- ties are called out and attend their regimental and battal'on meetings, Sect. XXVIf Ai:d. whereas the remote and detached situation of thatpart of tiie militia o Qtieen-Annf'a. comity wio reside on Kent- Island, rejgJBgs"it impracticable for them to" meet Bpuion or regiment oft' the said? ¦ fore, Be it enacted, That the mill- on Kent Island, shall not be com-' to meet in battalion or regiment, but the companies, camposed of the rnilitia Oil said island shall nevertheless be subject to 'he called together to exercise twice a year on said island, exclusive of company meeting's, at such times and such places as the command- ing officer of the battalion to which they be- long shall direct, and shall be subject to the same fines for not appearb g at said meeting's as others are for not meetirg in battalion as regiment, any thing in this act to the contrary notwithstn ding. Sect. XXVlil. And be it enacted, That the said two troops of cavalry and one company of artillery, I y this act directed to be attach- ed to each brigade, shall be formed at such places, and in sucii manner, as thecomirianding officer of each brigade shall direct; and it. shall and is hereby dcelared to be lawful for any person belonging to any company of in ,n- try to withdraw from the same, and to joiir any troop of horse or company of artillery withinhisbrigi.de willing to enrol liini ; and the said trce.ps of cavalry and compam of ar- tilery shall maet for the puposc of being dis- ciplined and exercised at least ten times be- tween the month of March and the mw th of December in each and.every year, under the1 same fines and forfeitures that are imposed on persons composing infantry companies neglect- ing to attend thsir company meetings j and the commanding officer of each brigade may di- rect the troops of horse therein, or either of them, to attend the meeting of any regiment within his brigade. Sect. XX.X.'Jik/ be it enacted, That when the whole, or any part of the militia of this ' state shr.ll be ordered into actual service, they shall be subject to the rules and regulations of the articles of war, and be entitled to the same pav and rationa as troops in the service of the United States are entitled to receive. Sect XXX. And be it enacted, That