i< ■.■' >.'.• .,'(£!• i' Surgeon General's Office "^ 0(? $_%£ in any house without the consent of the owner;in any house nor in time of war, but in a manner to be prescribed SK by law. ,ent» hc> N.LT.M. 4 CONSTITUTION OF VIRGINIA. Section 13. Miiitaryregu- The present Militia Officers shall be continued, union.. and vacancies supplied by appointment of the Go- vernor, with the advice of the Privy Council, or re- commendations from the respective county courts; but the Governor and Council shall have a power of suspending any officer, and ordering a court- martial on complaint of misbehaviour or inability, or to supply vacancies of officers happening when in actual service. The Governor may embody the Militia, with the advice of the Privy Council, and when embodied, shall alone have the direction of the Militia under the laws of the country. 5 SYNOPSIS OF THE ORGANIZATION MILITIA OF THE STATE OF VIRGINIA. Total, E M Of what Brigades composed. is 4th, 11th, 12th & 15th, 1st, 3d, 5th, 6th, 7th, 10th, 13th, 16th, 17th, 18th, 19th, 20th 2d, 8th, 9th, 14th, 21st 29 22 46 Of what Regiments composed. "4th Brig. 1st, 17, 23, 24, 49, 100, 102. 11th Brig 26th, 42, 63, 69, 84, 101. 12th "> Brig. 10, 18,43, 53, 64,91, I 110,117. 15th Brig. 22, 39, I 50, 66, 73, 83, 96, 98. fist Brig. 3d, 5, 16, 30, 34, 82. 3d Brig. 12, 28, 38, 40, 47, J 88, 90. 5th Brig. 25, 36, 44, ) 45, 85, 89. 6th Brig. 56, 57, I. 60. 7th Brig. 13th, 32, 58, 93, 97, 116. 10th Brig. 4, 76, 104, 118,103,123. 13th Brig. 8, 48,79, 80, 81,106, 120,121, 126. 16th Brig. 31,51,55, 67, 122. 17th Brig. 70, 72, 78, 94, 105, 112, 124. 18th Brig. 114,77, 14, 46. 19th Brig. 108, 75, 35, 86. 20th Brig. 11, 119, 107, 113, 125. 2d Brig. 33d, 68, 74, 19, 115, 52. 8th Brig. 15,29,59,62, 65,71 9th Brig. 7, 20, 54, 95. 14th Brig. 6, 9,21,37, 41,61,87,92, 109,111. 21st. 1^ Brig. 2, 27, 99. A2 / 6 CAVALRY AND ARTILLERY. There are four regiments of each. They are raised within the respective divisions of the Militia, and are distinguished by the same numbers. The Battalions of each, also corres- pond with each other. 1st. Regiment. 1st. Battalion—Composed of the Troops and Companies raised within the 4th and 12th Brigades. 2nd. Battalion—Composed of the Troops and Companies raised within the 11th and 15th Brigades. 2nd Regiment. 1st. Battalion—Composed of the Troops and Companies raised within the 1st and 3rd Brigades. 2nd. Battalion—Composed of the Troops and Companies raised within the 5th and 6th Brigades. 3rd Regiment. 1st. Battalion—Composed of the Troops and Companies raised within the 7th, 13th, 17th and 19th Brigades. Ind. Battalion—Composed of the Troops and Companies raised within the 10th, 16th, 18th and 20th Brigades. 4th Regiment. 1st. Battalion--Composed of the Troops and Companies raised within the 8th, 9th and 21st Brigades. 2nd. Battalion—Composed of the Troops and Companies raised within the 2nd and 14th Brigades. 7 The following are the Regiments in Virginia, arranged in numerical order, with the counties in which they are lo- cated. 1st Regiment- -Amelia, 48th Regiment- —Botetourt, 2 « Accomack, 49 << Nottoway, 3 (C Orange, 50 n Greensville, 4 « Ohio, 51 (< Frederick, 5 " Culpeper, 52 « New Kent and 6 « Essex, Charles City, 7 «< Norfolk county, 53 K Campbell, 8 « Augusta, 54 II Norfolk borough, 9 c King & Queen, 55 « Jefferson, 10 d Bedford, 56 " Loudoun, 11 (C Harrison, 57 II Loudoun, 12 I.I Fluvanna, 58 (( Rockingham, 13 II Shenandoah, 59 II Nansemond, 14 II Hard j', 60 II Fairfax, 15 ic Sussex, 61 II Mathews, 16 « Spottsylvania, 62 II Prince George, 17 K Campbell, 63 " Prince Edward, 18 II Patrick, 64 11 Henry, 19 ii City of Richmond, 65 II Southampton, 20 n Princess Anne, 66 u Brunswick, 21 II Gloucester, 67 K Berkeley, 22 II Mecklenburg, 68 II James City and 23 II Chesterfield, part of York, 24 (1 Buckingham, 69 II Halifax, 25 CI King George, 70 II Washington, 26 (( Charlotte, 71 CI Surry, 27 (1 Northampton, 72 cc Russell, 28 (( Nelson, 73 c< Lunenburg, 29 II Isle of Wight, 74 [< Hanover, 30 K Caroline, 75 " Montgomery, 31 I< Frederick, 76 '< Monongalia, 32 (I Augusta, 77 II Hampshire, 33 (« Henrico, 78 K Grayson, 34 (C Culpeper, 79 (( Greenbrier, 35 << Wythe, 80 CI Kanawha, 36 <( Prince William, 81 It Bath, 37 1< Northumberland, 82 « Madison, S8 II Goochland, 83 II Dinwiddie, 39 « Town of Peters- 84 II Halifax, burg, 85 [I Fauquier, 40 (C Louisa, 86 II Giles, 41 « Richmond county, 87 II King William., 42 e< Pittsylvania, Franklin, 88 (C Albemarle, 43 * Infantry, Riflemen, or Cavalry, and the numbei ^h'. 'may be not increased to sixty, in six months from the be enrolled in passage of this act, and thereafter kept up, so that tia.y ° mi1 they be not at any time, for six months together, less than the number aforesaid, the said company shall, on the order of the commanding officer of the Regiment, be enrolled in the body of the Mi- litia. 4. There shall be an Adjutant General for the Adjutant gen- Militia of the State, a Major General to each l)i- ™J;r'$°and vision, and a Brigadier General to each Brigade, to b/_,?adjer s™- !>e appointed by joint ballot of both Houses of the i»- appointed. General Assembly, who shall reside within the lim- where to re- side. IS ?th£r*^0,"its of their respective commands; and there shall tai ™'i'ieutVrj. be a Colonel, Lieutenant-Colonel and Major to each «it^ai.den- Regiment, and a Captain, Lieutenant and Ensign to each company, who shall be appointed and com- missioned agreeably to the constitution and laws of vacancy in this Commonwealth; and whenever a vacancy shall tomt6. "ne™!"" exist, during the recess of the Legislature, in the inmessotie. office of Adjutant General, it shall be lawful for the u>Sben\Fed.°w Governor oil' this Commonwealth with the advice of Council, to fill such vacancy, and to issue a com- mission therefor, which shall expire at the end of the next session of the Legislature, or at such time previous thereto, as an appointment to the office shall be made by the General Assembly. Generals to 5. The Major Generals and Brigadier Generals ownluft^'' of the Militia shall each appoint their own staff.-- Major gener- The staffofa Major General shall consist of one Di- Diti'skin in- v'si°n Inspector, with the brevet rank, pay and >-nfio- spector, aid*- luments !>f a Lieutenant Colonel of Infantry when quarte^maJ! in actual service, two Aids-de-camp, and one Di- ThV it visi°n Quarter-master, each with the brevet rank, pay, ?tc. ' pay and emoluments of a Major of Infantry, when Brigadier*! in actual service. The staff" of a Brigadier General Brigade in- shall consist of one Brigade Inspector, with the bre- jpeetor, aid- vet rank, pay and emoluments of a Major of Infan- SuanTrPma"- try; one Aid-de-camp, with the rank, pay, emolu- Theirrank ments and allowances of a Captain of Infantry, pay, &e. ' with an addition of sixteen dollars per month, pay and forage for two horses; and one Brigade Quar- ter-master, with the brevet rank, pay and emolu- ments of a Captain of Infantry, and forage for two Besidenceof horses, when in actual service. The Brigade In- ^pertort,"1' spectors shall reside within the limits of the Bri- Generaii to gades for which they are appointed ; and the Go- oned°bm",oiv.vernor» witn ^e a(lv'ce °f Council, shall commis- eniorwitiiad-sion the several Major Generals, Brigadier Gene- vice ot cou» ralgj an(, the A,)jutant General who may be hert- vacancies after appointed, pursuant to this act; and all vacan- h^tobesup"cies hereafter accruing in any of the said offices, shall be supplied by appointments in like manner to be made. 13 6. The Adjutant General shall have the brevet R^^;. rank of a Colonel of Cavalry in the army of the ai. United States. He shall be, and is hereby, autho- hu gowm rised and required, to direct returns and reports to ™0 require be made to him ot the strength and condition of the r™™for Militia, the state of the public arms and accoutre-militia, state ments, and other public property, applicable to mil- ^"^'c. itary purposes, at least once a year, and whenever else he may be required by the Executive of the Commonwealth. It shall be his duty, to prepare To^wpare^ general regulations defining and prescribing the res- ^"^sV/dik pective duties of the different departments of the «««« §»£• army, which, when approved by the Executive, shall my. be respected and obeyed, until altered or revoked by the same authority; and the said general regula- such reguia- tions, thus prepared and approved, shall be recor-^^f ded in the Adjutant General's office, and a copy ^""^ thereof laid before the General Assembly at their a, asserabiy. next session. 7. The offices of Quarter-Master General and ™c™ef Commissary General of Ordnance, shall be attach- v1*^™"^ ed to that of the Adjutant General, who shall be cS"aar'y held responsible for the performance of all the du- J^nce'' ties hereby attached to those offices; and he shall His salary. be allowed fifteen hundred dollars per annum, pay- able quarterly, in lieu of all other compensation. 8. The Adjutant General shall take charge ofHispowm^ the Quarter-Master's department throughout the rejation t0 ,ne State; and shall have power to issue orders to all £££ ™* Quarter-Masters, requiring of them such returns meat. and reports, and giving them such instructions, as he may deem proper and necessary, for the securi- ty and preservation of the public property. 9. It shall be his duty, as Commissary General a. eon™.* of Ordnance, to direct the inspection and proving ordnance. of all pieces of ordnance, cannon-balls, shells and shot, procured for the use of the State, and to di- rect the construction of all carriages, and every apparatus for ordnance, for garrison and field ser- vice, and all ammunition waggons and travelling forges. He shall have the direction ot the labora- tories, the inspection and proving of the public pow- 14 der, and the preparing of all kinds of ammunition Arms, kc. to for garrison and field service, and shall, at least by Wm1""te once in every six months, examine into the state •fverVTi?'" arul condition of all arms, ordnance, carriages, am- months. munition and apparatus in the respective fortresses, magazines and arsenals, and cause the same to be His duty to preserved and kept in good order. He shall also dersofVxecu-execute all orders issued by the Executive, and tive; to make shall transmit to them, at least once in every three themn»t least months, a correct return of all ordnance, arms, am- thrwmontnZ munition, military stores in the respective fortress- es, magazines and arsenals, with a statement of their order, quality and condition ; and, also, what may be necessary to keep up an ample supply ot each and every article wanted for the public service. to inspect He shall also inspect, from time to time, the arms armory. manufactured at the Armory, and report to the Executive any defect he may discover in them. Regulations 10. The duties aforesaid shall be performed agree- hmvTobe'prl'ably to the laws of the United States, and of this scribed. State, and such regulations as may be prescribed by the Executive of this State. public pro- 11 All the public property in the city of Rich- perty in Rich- 1 I 1 J J mond imder mond, shall be and the same is hereby placed un- his control. der the immeciiate control of the Adjutant Gene- ral, who is hereby charged with the preservation of the same in proper repr.ir, and in proper order Hi? powers & and cleanliness: and, to effect any of these purpo- ti'ontUrew'.8 ses« the city-guard shall be placed under his com- mand ; subject, however, to the control of the Ex- ecutive. Adjntam g-n- 15. The Adjutant General shall also be inspector PHiIik-HiRcr'of the public edifices and property in the city of and propmy, Richmond ; and, in that capacity, it shall be his dutv once in each . , .i i-.- V , i * • r month, and to inspect the condition or the same, once in each r.-|Mirt their mo„tli or oftencr, if required bv the Ivu'cntive, condition. ' i ■ ■ i " <• and to report the condition thereof to the Execu- tive ; to notice and report, especially, all defects of neatness and good order in the use of the -ame, and all neglect of duty on the parr of any of the offi- cers or i'.^rcnts employed therein. 15 13. He shall reside and keep his office at the seat ^J"*^?re of the Government of this Commonwealth: Pro- hVoMce.eep vided, however, That, if at any time the public ser- ProVlSO- vice shall render it expedient, the Governor, with the advice of Council, may direct the said Adjutant General to remove with his office to any other place within this State. 14. The Governor of this Commonwealth, with Executive the advice of Council, shall be, and he is hereby breve^ranL authorised, at any time, to bestow brevet rank upon any person in actual service, for distinguished mi- litary merit. 15. The Governor, with the advice of Council, FieM officers shall be, and he is hereby authorised and required, ^cavMry, to appoint and commission, to each Division, one n°w l° be Vf Colonel, one Lieutenant Colonel, and one Major, comnmoned. to command the several companies of Artillery and Cavalry, (as the case may be) annexed to each Di- vision ; and to arrange such companies of Artillery Companies of into Regiments and Battalions, in such manner as arranged imo to them may seem most convenient, to be denomi-^{22IJi,.*na nated the Regiment and Battalion of the Regiment of Artillery, or Cavalry ' (as the case may be ;) but it shall not be lawful for E*ehc£^ the Executive to organize or establish any Regi- Fromorgam- ment, Battalion, or Company, or to commission any {jshfn^egt?.b" officer to command any Regiment, Battalion or ments, fcc. Company, unless such Regiment, Battalion or Com-Ej'uw.'0" pany shall have been previously established by the laws of this Commonwealth, or unless the Execu- tive shall have been, or shall be expressly authoris- ed to establish or organize the same; and every person, to whom any commission shall have been issued heretofore, contrary to the provisions of this section, shall not be exempt from militia duty, nor be entitled to any rank by virtue of such commis- sion. 16. Hereafter the annual returns of the Militia Annual re- of this Commonwealth, shall be as follows: On the {"/"Xn^nli first day of the training of the officers within every how to be Regiment, the commanding officer of each company Duty'of com- attached thereto, whether of cavalry, artillery, gre- ^ri^jff0^" panics; 16 nadiers, riflemen, light infantry, or infantry of the line, shall deliver to the commanding officer of the Regiment, a fair and correct return of the strength of commHnd. antl condition of his company. The commanding ir.g_offic.-i-s of officer of the Regiment shall cause the returns to be reg,ments, C()n:?0iidated, and on the last day of the training, shall deliver to the Brigade Inspector a fair and correct return of the strength and condition of his Regiment, including every species of troops afore- said. He shall invariably note therein, the failure of every commanding officer of a troop or company to make the return hereby required of him. He shall also enter and preserve a copy of his regi- mental return in a book which he shall keep for that purpose. When the training of the officers of the several Regiments in a Brigade shall have been or Brigade finished, the Brigade Inspector shall consolidate luspectors. the returns, which he shall have received from each Regiment; and, within thirty days, shall transmit to the Adjutant General a fair and correct return of the strength and condition of the Brigade, dis- tinguishing particularly the strength and condition of each Regiment therein, and noting the failure of every commanding officer of a Regiment, to make the return hereby required of him. He shall also enter and preserve a copy of such return, in a book, to be kept by him for that purpose. If, from any cause, the Brigade Inspector shall be prevented from attending the training of the officers in any Regiment, it shall be his duty, without delay, to cause application to be made to the commanding lormsof re- officer for his regimental return. The forms of the I "escribed, several returns hereby directed, shall be prescrib- Adjmantgeived by the Adjutant General; subject, however, to rhem°to"bri-h*ne revision and control of the Executive; and, gadeinspee- when so prescribed, shall be furnished by the Ad- to">&c- jutant General, to each Brigade Inspector in the Commonwealth. The Brigade Inspector shall fur- nish to the commanding officers of the Regiments in his Brigade, the forms of regimental company returns: and the commanding officer of the Regi- ment shall cause to be furnished the form of tne 17 company return, to the commanding officer of each troop and company attached to the Regiment. The several company, regimental, and brigade returns shall be according to the forms so prescribed and furnished. Any officer failing to perform the du-Penalties on ties hereby required of him, in relation to the afore- "ng'toper." said returns, or in relation to other returns required J0^^16* by the Adjutant General, pursuant to law, shall forfeit and pay a fine as follows : the commanding officer of a troop or company, not less than five, nor more than twenty dollars j the commanding officer of a Regiment, not less than fifteen, nor more than seventy dollars; and the Brigade In- spector, not less than twenty-five, nor more than an hundred dollars. The officers aforesaid shall, moreover, be liable to be arrested for such offence, and cashiered or punished with other inferior pu- nishment, by the sentence of a court martial. 17. Where it has not already been done, the courts to v?- courts of the several counties and corporations, c°^Toebe°ffi shall proceed to recommend to the Executive, the commissioned officers necessary to complete the regiments, bat- talions and companies pursuant to this act; and the persons so recommended, shall be commissioned by the Governor, agreeably to the Constitution of this State. And all vacancies, thereafter happen- vacancies ing in the said offices of the militia, shall be sup-^^tobes"P' plied by appointment of the Governor, with the advice of the Council, or recommendation from the court of the respective county or corporation where such vacancy happens; any thing in any act to the contrary notwithstanding. 18. Any officer of the Militia, not under arrest when and at the time, may, whenever he shall think proper, may resign! resign his commission, by tendering the same, ac- companied by a letter of resignation, to the Go- vernor, or to the commandant of the regiment to which he may belong: Provided, however, That no Proviso, as to ofiVer in actual service shall avail himself of this ^^service?" privilege without the permission, in writing, of the officer commanding the troops with which ne shall be serving. And the officer receiving such resig-Duty of.offi- B 2 18 n«™*then *° na^on» shall, in cases where the vacancy is filled on coumycourt, recommendation of the county courts, notify the same to the next succeeding court, in order that where such vacancy may be supplied. And any officer sidtnce shafT who shall remove from his county, and the bounds of b.- considered his Regiment, or shall have ceased to perform the resignation. . . e> . , ' r , duties ot his office for eight months, and any Major General, Brigadier General, or other officer, who shall remain out of the limits of the State for more than eight months after he shall have been elected or appointed, shall be considered as having resign- ed his office ; and the vacancy thereby occasioned shall be filled as in other cases; unless such officer shall be employed abroad, in the service of this rilrdncom!" State> or of the United States. And it shall be meiidations, considered the duty of the clerks of the several officeTs'^Jith- counties within this Commonwealth, to enter of wiRe. record the recommendations of officers proper to fill vacancies in the Militia, and qualify them, with- out any fee for the same. There shall be, in future, no supernumerary officers among the Militia: and ..t'Tu^in?"8 the commissions of all those who hold no command !''-i'rrvo-dffi" s'ia" De deemed null and void, and the persons holding them, unless otherwise exempt, shall return to the ranks. "■fofficerTb'' *^* Each and every officer, who may be hereafter vh-.m Mdiiiin-appointed and commissioned in manner aforesaid, mcred. shall, previous to iiis entering on the execution of his office, take the following oaths, (to be adminis- tered by a justice of the peace, or the court of the county or corporation in which such officer resides,) rorm thereof, to wit;—/, du swear that I will be faithful and true to the Commonwealth of Vir- ginia, of which I profess myself to be a citizen, and that I will faithfully and justly execute the office of in the Militia thereof, according to the best of my skill and judgment. So help me God. I do solemnly swear or affirm, (as the case may be,) that Ihav not been engaged in a duel, by sending or accepting a challenge to fight a duel, or by fighting a duel, or in any other manner, in violation of the act, entitled, An act to suppress 19 duelling, since the passage of that act, nor will I be so concerned, directly or indirectly, in such duel, during my continuance in office. So help me God. If the said oath be administered by a justice of the Totewrtwi. peace, it shall be his duty to certify the same to the ke'n out of court of his respective county or corporation, there courl' to be entered of record by the clerk. And the oaths aforesaid may be administered to such officer, by any justice of the peace of a county, or mayor or alderman of any corporation within this Com- monwealth. And it shall be the duty of the officer, taking such oaths out of the county or corporation in which he resides, to transmit the certificate of such qualification, signed by such justice, mayor or alderman, to the court of the county where such officer may reside, there to be entered of record by the clerk. And every person hereafter commis-Tobetaken sioned as afield officer, captain or subaltern, shall, ^"^J* within one month after he shall have received his of commissi- comrnission, take the oaths hereby prescribed ; and, Commis«ion in case of failure, he shall be considered as having vacated by tu- vacated his commission; and it shall be the duty court's duty of the court of the county wherein such personl ereupon- has been nominated, to proceed forthwith to nomi- nate some other person to supply the vacancy; and, in such nomination, to certify the cause thereof to the Executive. 20. It shall be the duty of the Executive to Dmsions,bri- number by ballot, where the same has not already girot.„ts to be been done, the several Divisions, Brigades and Re-%$£$* o-iments, and cause the same to be registered in the office of the Adjutant General; and every com- common mission, hereafter issued by the Governor as afore- J,0^? 80Sf d,. said, shall express the number of the Division, Bn- vision,&c gade and Regiment respectively, to which the per- son obtaining the same shall belong. 21. Where commanding officers of Regiments whencora. have failed to lay off their Regimental, Battalion —e^;. and Company Districts, or where any alteration in i()IIS aml „,„». Districts actuallv laid off, may hereafter be found J-™*^ necessary, commanding officers of R^ents shall »££-_ assemble the commanding officers of Battalions and 20 Companies, at some fit and convenient place, and may proceed to lay off or alter any such Battalion Lines and or Company District; which districts shall, in all bounds to be cases, be designated by certain lines and bounds, ciecr°k^fby and recorded by the clerks of the Courts of En- lOHrtsofen- quiry, respectively: Provided, however, That no Board', how such alteration shall be made in any Battalion or begamhorised Company Districts, unless the Board of Officers or ,°tm^eaUe" Regimental Court Martial, by which it may be done, shall consist of at least two field officers, and a majority of the Captains or Commandants of Companies, attached to the Regiment in which such alteration may be made. Divisions of 22. Where it has not already been done, it shall baiiot'from ybe the duty of the commanding officers of compa- °ur tosee"ffor n'es *° Proceed forthwith, to divide their companies routine of into divisions, by ballot, from one to ten, for the purpose of a regular routine of duty when called Returns of into actual service; and to return a roster of each to'coiiimand-1 division, and its number in rotation, within fifteen ing i.meers ordayS thereafter, to the commanding officer of his l)s$o"theB men» »n the class or roll of the company, to which ordered, he. he or they shall belong, shall march in the requisi- tion then ordered ; and so on until the requisition be completed ; taking from each company, in each Regiment, a sufficient number to make up the quo- ta required from each company by the draft. Absentees 28. When any non-commissioned officer, musici- vo"iT, withoutan °r private, shall fail to appear at the place of ren- jeave', may dezvous appointed, when ordered, or absent himself ded'aiKHio"." without leave, it shall be the duty of the command- ant of the Regiment to which he belongs, forthwith to order some commissioned officer, and as many men as may be necessary, belonging to the said Re- giment, to apprehend and take such non-commissi- oned officer, musician or private, and deliver him to the commandant of the detachment with which such persons he was detailed; and, in all such cases, every person as!i«'rter^ so failing or absenting himself without a justifiable excuse, shall be deemed a deserter, and treated Proviso, in accordingly: Provided, nevertheless, That, if in E.Tnot'aCrtlie opinion of such commissioned officer, the per- oiKr'per-son s? f?iVln%> s.ha11 ,lot be able to march, such forming tour commissioned officer shall not be bound to execute w.mii.Vr.-iai such order: And provided also, That if any per- for ... be certified to the place ot rendezvous when ordered, or tailing tin-sheriffami to march when ordered, or to furnish a substitute, p^Jdenuif shall be certified by the President of the court be-the eourt. fore whom the same shall be assessed, to the sheriff of the county in which the delinquent shall reside, and also to the auditor of public accounts; noticing in the certificate to the auditor, the residence of the delinquent. The said sheriff shall proceed forth- Howand when to be fe- 26 *^at^p»^ with, upon such certificate, to levy the said fine, sury. with costs, by distress and sale of the goods and chattels of the delinquent; and shall pay all such sheriff's com- fines by him levied, into the public treasury, at the Sabiuty." *" same time that the public revenue is payable ; shall be entitled to the same commission thereon as for the collection of the said revenue, and liable to be proceeded against, for a failure to pay the same, in like manner as for a failure to pay the public reve- when deiin- nue. And when any non-commissioned officer, mu- b^TommTued sician or private, shall be adjudged to suffer impri- tojaii; sonment, there being no goods and chattels found whereof to levy the said fine, the said sheriff shall How long to forthwith commit such delinquent to jail, there to be confined during the term for which he was ad- judged to suffer imprisonment, or until he shall pay the fine with costs. officers to 31. When any detachment of Militia shall be wchme"tldteo hereafter called into the service of the United be detailed States, or of this State, from any particular Division, vision,urig- Brigade or Regiment, within this State, the officers mentrree' intended to command such detachment, shall be detailed from the Division, Brigade or Regiment, from which such detachment shall be detailed. Field officers 32. When any Colonel shall be called into the uutair'tobeservice of this State, he shall have the exclusive appointed by right to appoint his field and Regimental staff offi- fed^nwser? cers, to consist of one Adjutant, one Quarter-mas- vice- ter, one Pay-master, one Surgeon, two Surgeon's Mates, one Sergeant Major, one Quarter-master Pay-master Sergeant, and two principal musici.ins : Provided, ml?.Tg?v'e That the said Colonel shall cause the Pay-master bond andse- am| Quarter-master to give, when called into actu- al service of the State, bond and security to the Go- vernor for the time being and his sucessors, in the sum of seven thousand dollars, for the faithful dis- charge of their respective duties. Term of ser- 33". The Militia of this Commonwealth, when caiiedfolut,bya called out under state authority, shall serve six state amhori- m0ilths after their arrival at the place of rendez- vous, unless sooner discharged, and shall have cred- it only for the time actually served: Provided, how- 27 ever, that the Governor of this Commonwealth shall, Pnmio. at all times, have power to retain the Militia in the service of this State, for such period of time and no longer, as the President of the United States now is, or hereafter may be authorised, by the laws of Congress, to retain the Militia in the service of the United States. 34. The Governor, with the advice of Council, companies of shall and may cause the several companies of Ar-airy, &c! may tillery, Cavalry, Grenadiers, Light Infantry and ^"[J^' Riflemen, to be allotted by entire companies into companies for Divisions, from one to ten, for a regular routine of duty!"60 duty : and the said companies shall, in future, be called in actual service by entire companies, in such ' manner and proportion as the rest of the Militia, or as the nature of the service may require ; and all suchaiiot- such allotments shall be returned to the office of recorded in the Adjutant General, to be recorded by him. gS»e«S'8of- 35. Where a troop of Cavalry, company of Ar- fice. tillery, Light Infantry or Riflemen, shall be order- memb?« of ed to march, and any man belonging to such troop a™ops&°,f %?{. or company, shall fail to march or furnish a substi- ing to march tute as aforesaid, the Commandant of thejcompany iStaSwte!* of infantry, in whose district he may reside, shall immediately enroll him, and put him in the division or class, to perform the next tour of duty; and he shall no longer be a member of such troop of Ca- valry, company of Artillery, Light Infantry or Ri- flemen, as the case may be ; and shall moreover be liable to the fines and penalties imposed by this act on non-commissioned officers and privates, who fail to appear at the place of rendezvous, or shall fail to inarch when ordered. 36. The Members of the Council of State, Judg-who are ex- es of the Superior Courts, Clerks of both Houses mTiiuryduty! of the General Assembly, Clerks of the Superior and inferior Courts, the Attorney General, the Trea- surer and his clerks, the Auditor of Public Accounts, the Register of the Land Office, and their clerks, all Inspectors of tobacco, all Professors and Tutors of the College of William and Mary, and all other public seminaries of learning, all ministers of the 28 gospel licensed to preach according to the rules of their sect, who shall have previously taken, before the court of their county, the oath of fidelity to the Commonwealth, keepers of the public, county and corporation jails, and of the public hospital, the kee- per of the Penitentiary and his assistants, and the door keepers to the Executive, shall be and are hereby exempted from the performance of all and v.ho from any part of the duties required by this act; and !nUcertaii"es the cryers of the Court of Appeals and Chancery cases. District Courts, shall be exempt from fines for fail- ing to attend musters which may happen during the sitting of their respective courts. And who 37, The officers of the several banks established iiilu-sofmiu-by authority of the Commonwealth, and their res- ma'iniMgh£ peclive branches, and all millers necessarily and bieti.be personally employed in any grist-mill, and all ferry- dratitd and r -il n l ij. detailed for men necessarily and personally employed at any actual service. ferry established by law, shall be and are hereby exempted from the performance of the ordinary duties of Militia-men; but it shall be the duty of every captain command ing a company, in the bounds of which any person so exempted shall reside, to enroll such person in his proper class in such com- pany, as other persons are by law directed to be enrolled; and every such person shall be liable to be drafted and detailed for actual service, in the same manner as he would have been had this ex- emption not been made. who stall be 38. The commanding officers of Companies shall u»e0lIiUtia enroll every able-bodied white male citizen, be- tween the ages of eighteen and forty-five, (except such as are exempted by this act,) resident within Burden ©f his district; and in all cases of doubt respecting Jgeofp^Sinstne age of any person enrolled, or intended to be claiming to enrolled, in any company of Militia, the partv be exempt. questi0ned shall prove his age, to the satisfaction of a majority of the officers of the Company, with- in whose bounds he may reside. Executive to 39. The Governor, with the advice of Council, officer""?" or on the recommendation of the county or corpo- companiesof ration courts, shall issue commissions for one Can- grcnadiers, ' >✓»___» 29 tain, one Lieutenant, and one Ensign to each Bat-Jjj*?^^' talion, who shall proceed by voluntary enlistment, within their Battalion, to enroll a sufficient number of men to complete their company or companies, and be distinguished by the denomination of Gre- nadiers, Light Infantry or Riflemen, at the discre- tion of the commanding officer of the Regiment; and the Governor shall moreover, as aforesaid, issue of troops of commissions for officers of one troop of Cavalry to cavalry; each Regiment; and with the advice of Council, at And of artii- their own discretion, to appoint and commission the n1es;°notP*ex- necessary officers for one or more companies of^^"jf,"^ Artillery, not exceeding one to a Regiment, in each mem. Brigade; which said officers of Cavalry and Artil- lery, are hereby empowered to enlist, by voluntary enlistment, within their respective Regiments, a company or companies of Cavalry or Artillery, according to the tenor of the commissions, to be denominated respectively, the company of Cavalry, or the company of Artillery, as the case may be. The said companies of Grena- uniform of diers, Light Infantry, or Riflemen, shall wear while figbt^nfantry on duty, such caps and uniform as the Executiveor riflemen* shall direct, and shall, together with the said troops of Cavalry and companies of Artillery, perform the same routine of duty, and be subject to the same rules, regulations and orders, as the rest of the Militia. The said light companies shall con- L.'8hl «»mpa- stitute a part of the Battalion in which they are stitute part of raised; and the said troops of Cavalry and com-caVairyand panies of Artillery shall parade with the Regiment artillery, out of which they have been enlisted, and with such rade? op*" Battalion as the Regimental Court of Enquiry shall direct; and the said troop and companies shall be governed by the same rules and regulations, and subject to the like penalties, as are by law directed with respect to the rest of the Militia. 40. It shall not be lawful for any Militia man of!Jj),'ai;m|n belonging to the infantry of the line, to join any prohibited volunteer company, after such company shall have vo°u»teer,ns performed a tour of duty, either in the service of ^'_£*",___ this State or of the United States, until twelve farmed tou» 2 o '7° 30 How long, months after such volunteer company shall have Exception, been discharged from such tour of duty; unless such Militia-man shall previously have performed Provisoes to a like tour of duty; Provided, however, That no- notenroUed. thing herein contained shall prevent young men, arriving at the age of eighteen years, anil who have not been enrolled in any Militia company of the line, from joining any volunteer company within their county. commissions 41. When any troop of Cavalry or company of nfflcersumr Artillery, Light Infantry, Grenadiers or Riflemen new troops of shall, on the order of the commandant of a Regi- oTiTbeing di's-ment, be dissolved and returned to the body of the solved. Militia, in consequence of its strength not being kept up to the number required by law, the Go- vernor, with the advice of Council, may issue com- missions for officers to command another troop or company, to be annexed to the same Regimeni. voiumeter°f 42, None °f the volunteer companies of Militia oompanies, hereafter enlisted, shall consist of more than seven- ty-five men, rank and file; nor shall the volunteer . companies, at present established, be increased in strength beyond that number. offlcersnot 43. Officers, to whom commissions have issued martiai.c°ur to raise volunteer companies, attached to any Bat- talion or Regiment of the Militia of this Common- wealth, shall not sit in Courts Martial, till their companies arc complete, and a return shall have been made of their strength to the Commandant of Norcmaijfy the Regiment. When commissions shall hereafter !°ons™utheir irfSUe Ior the purposes aforesaid, the officers shall companies uot qualify to their commissions, until their com- °mp L e' panies shall be complete, and a return thereof shall And an order have been made as aforesaid ; and until the Coin- commandant mandantof a Regiment shall have issued an order of regiment, declaring that a volunteer company has been com- pleted, and a return made as aforesaid, no person thereto belonging shall be exempt from the Militia duty he was bound to perform in the company to Enlistments which he belonged. Enlistments into volunteer into volunteer . .." - , ',u companies, companies shall be for,three years at least, and not how long, for more than five. 31 44. There shall be a muster of each troop ofc«j*y ^ Cavalry and company of Artillery, in the months t"^'^ of April and October in every year, at such places an as a majority of the members constituting the said troop or company, shall, from time to time, fix upon; and it shall be the duty of the commanding officer Duties of of every such troop or company, and he is hereby 0^™raa,11>e required, at each and every muster, to call his roll, *<*<& musters. examine every person belonging thereto, and note down all delinquencies occurring therein, and make return thereof, to the commanding officer of the Battalion within whose bounds such delinquent may reside, to be reported and proceeded against, in like manner as other delinquents ; and it shall be cavalry ami lawful for any commissioned officer of Cavalry or a"'s t„"^t0in" Artillerv, to sit in any Court of Enquiry and as- courts> rf en- sessment of fines, to which any person in their res- pective companies is reported a delinquent: Pro- Proviso. vided, That not more than one such officer sit in anv such court at the same time. 45. There shall be a muster of each company ofotherwmpa- Militia, including the light companies, in the months "^eTiaiid *' of April and October in every year, at such times where- and places as the Regimental Courts of Enquiry shall, from time to time, direct and appoint. And Battalion there shall be a muster of each Battalion, in the ™,TbvS»Vnm month of October or November in every year, to *» '*appoint- be appointed by the commanding officer of the Re- giment, to which such Battalions respectively be- long, at such place as the Battalion Court of En-Atwhat quiry shall hereafter appoint, within the battalion pac district; and there shall be a muster of each Regi- *$™*i- ment, in the month of April or May in every year, when and by to be appointed by the commanding officer of the Jf™?^ Brigade to which such regiments respectively be- long, at such place as he shall think most conve- J^wtat nil tit, within the regimental district; which said Musters, how Company, Battalion and Regimental musters shall t^etocon' continue one dav, and no longer. The time of such N«w*of re- Regimental musters shall be notified to the com- manding officers of Regiments, forty days previous 32 And of banal- thereto: the commanding officers of Regiments shall ion musters. . ,. .. ° ,. „. i* u j.x 1 • give notice to the commanding officers ot Battalions, of the time of Regimental and Battalion musters, at least thirty days; and the commanding officers of Battalions, to the commanding officers of Com- panies, at least twenty days ; and the commanding officers of Companies to their Serjeants, at least fo"be "n'w*? ten days ; and the Serjeants to each person in their ing. companies, at least three days before such musters. The notices given by the commanding officers of Brigades, Regiments and Battalions, shall be in writing, delivered to each person to be notified, or Penalty on left at his usual place of abode: and every Serjeant ingw'give1" failing to give notice agreeably to this act, shall for- notice. feit and pay, for every offence, three dollars; ne- vertheless, all notices publicly given by the com- manding officers of companies, at their respective musters, of any subsequent muster, shall be held Further pro- and deemed as legal notice: Provided, That no- VIS0* thing herein contained, shall be so construed, as to At what hour make notices of company musters necessary. Every soldiers shall officer and soldier shall appear at his respective appear at muster field, on the day appointed, by eleven o'clock Dutielofcap- in the forenoon. At every muster, the command- tains »t com-jn» officer of the company shall call his roll, exam- pany musters. . » . r . J > ine every person belonging thereto, and note down Returnsofde- all delinquencies accruing therein, and make return hnquenc.es. thereof> at or before the next Regimental or Batta- lion Court of Enquiry, to the commanding officer of his Battalion, including those which occurred on the day of his last regimental or battalion musters ; comman. and the commanding officers of Regiments and me'ntsfhctw Battalions shall, at their respective regimental or return deiin- battalion musters, as the case may be, take notice 21'colr'tsof of all the delinquent officers, and shall lay the Enquiry. same, together with the returns of delinquencies from the commanding officers of companies, before the Court of Enquiry under this act, to take cog- Betnm.bow nizance of, and determine on them; and, to each certified. 0f the said returns shall be annexed the following certificate; to wit: /, do certify that the returns hereto annexed, contain all the delin- 33 quencies which have occurred since my last return, having duly examined the same. Q Serjeants,cor 46. Each captain or commanding officer oi a po__^|$> nrum. company, shall appoint to his company, four ser- J"™^ jeants, four corporals, a drummer and filer, to be ai>P'j""^m< approved of by the commanding officer of his Bat-au yw talion. 47. In all cases of death, absence or resignation i".™ea°f of any Major General, Brigadier General, Colonel, ^uw'or re. Lieutenant Colonel, Major, Captain or Lieutenant, jp^ft. the next officer in rank in his respective command,, ^*«i»o shall be considered as the commanding officer dur- act# in» such vacancy, and liable to perform the duties required by this act; and for neglect therein, shall incur the penalties annexed thereto. 48. It shall be the duty of every commanding T^ng »nd officer of a Regiment, Battalion or Compauy, at qui,e(, at their respective musters, to keep their respective «>"»*»• corps under arms for a period of at least two hours, and to cause them to be trained and exercised, agreeably to the mode of discipline prescribed by Congress, under pain of being arrested and tried for breach of duty; and, for this purpose, the said officers are hereby authorised to order the most ex- pert and fit officer, in their respective commands, to perforin the duty. 49. And, in order that a knowledge ot the rules Trainings of of discipline may be more readily obtained, tue brigadeil_. commissioned officers of the several Regiments yg*^ shall meet once in every year, within their respec-w„«re. tive regimental districts, for the purpose of being trained and instructed by the Brigade Inspectors ; the davs and place of meeting to be fixed on by the commanding officer of the Brigade to which the Regiments belong, within the months of April or May in each year, immediately preceding the Regimental muster; which training shall continue And bow three days and no longer. The eldest officer Ro„ callj and present shall call the roll on each day and report "{J*** the delinquencies to the succeeding Regimental Court of Enquiry ; 'and every officer, failing to Penalty for attend such meeting, on being summoned, not Uav-dance> 34 ing a reasonable excuse, to be adjudged of by a Court of Enquiry, shall forfeit and pay, for each day which he shall fail so to attend, five dollars, to be appropriated as the other fines are by this act: wherelrlfn'ng Provided- always, That, where there is more than moret'hanone one Regiment in a county, the officers of each Re- regimentin _-unent s|lau meet at the court-house of said county, for the purpose of being trained by the Brigade In- Duty of anil spector, as prescribed by law. It shall be the duty ]e\7 "mcer**" °* the officers of Artillery and Cavalry of every to attend. grade, to attend the training of officers in the Regi- ments wherein they respectively reside; and they shall be subject to the same penalties on failure, as other officers of equal rank. Penalty on 50. Every Brigadier General failing to appoint gTneraTfnii- or direct the training of officers in any Regiment, ing to appoint or failing: to appoint regimental musters, as directed officers. by law, shall forfeit and pay not less than fifty, nor How recov- more than two hundred dollars, for every failure, to be adjudged by the Court of Enquiry of the Regi- ment, within the limits of which he may reside. And it shall be the duty of the Colonel, in whose Regiment such failure shall happen, within thirty days thereafter, to certify the same to the Presi- dent of such Court of Enquiry, whose duty it shall be to cause notice to be given to such Brigadier General; and such Court of Enquiry shall, at their ensuing session, proceed to adjudge such fine, as savingap- in other cases ; saving^ to the party aggrieved, the [rve!toe3teCU~ right of appeal to the Executive, under the regula- tions herein mentioned. And the fines so imposed shall be collected .\nd accounted for as other fines. Brigadein- 51. Every Inspector of a Brigade shall employ a enThTaYum comPetent drum and fife major, to attend the train- and fite major ing of the officers throughout the Brigade, who trahitm2s!uch shall be allowed, each, four dollars per day for their th-ircompen-gervices, and four cents for every mile they must necessarily travel, to be paid in the same manner as the compensation allowed the Brigade Inspec- Kegimentai tor; and the drummers and fifers of each Regiment fifer^at-1"1 shall be summoned by the officer, having immediate wtatpurpSie.command over them, to attend the training of the 35 officers, to be taught the different beats and marches by the drum and fife major aforesaid, whose duty it shall be to instruct them, under the direction of the Brigade Inspector. Any drummer or fifer so Their com- attending, shall be allowed by the Regimentalpensation' Court of Enquiry, a reasonable compensation for his services, not exceeding two dollars per day; and, for failing to attend the training of the officers Penalty for as aforesaid, shall be subject to a fine, not lessnot attendine- than three nor more than ten dollars, to be imposed and collected in the same manner as the fines on commissioned officers for failing to attend such training. And until a sufficient number of drum- Drummers, mers and fifers, of buglers or trumpeters, shall be {^e^&c'™ procured for each Regiment of Militia, it shall be to attendLt- lawful for each officer commanding a Battalion, $£,"1', &J_™- Company, or troop of Cavalry, to employ a drum- mer and fifer, a bugler or trumpeter, as the case may be, to attend his musters; and the drummer compewa- and fifer, bugler or trumpeter, so attending, shall tion. be allowed by the Regimental Court of Enquiry, to which such Battalion, Company or Troop may be- long, a sum not exceeding two dollars each, for their services. And the captains of volunteer com-Musicians panies are hereby authorised and empowered to volunteer01 enlist such musicians, not exceeding six in number, companies. as they may think necessary, for the service of their respective companies ; but any musician so enlisted, shall not be entitled to any compensation unless when in actual service. 52. Any officer who may be guilty of disobe-Arrest of offi- dience, or other misbehaviour, when on duty, or ^orUed!1 shall, at any time, be guilty of any conduct unbe- coming the character of an officer, shall be put un- der arrest by his commanding officer, and tried as hereafter shall be directed. 53. If any non-commissioned officer or soldier Punishment shall behave himself disobediently or mutinously, ^^"^ when on duty, or before any Court or Board direct- ^s or «>i- ed by this act to be held, the commanding officer, bedienceVr0" Court or Board, may confine him for the day; and mutiny- he mav moreover be fined, at the discretion of the 36 Court of Enquiry, in any sum not exceeding ten dollars, to be appropriated as other fines imposed by this act. By-standers 54. if any by-stander shall interrupt, molest or majbe*™"-' insult any officer or soldier, while on duty, at any fined for the musterj or shall be guilty of like conduct before any Court or Board, the commanding officer, or such Court or Board, may cause him to be confined for the day. penalties for 55, And, for enforcing obedience to this act, the duty- ° following forfeitures and penalties shall be incurred "amsTreg^ tor delinquencies ; viz: a Colonel or commanding mentsj officer of a Regiment, for failing to take an oath, to summon any Court or Board, to attend any Court or Board, to transmit any recommendation of an officer or officers to the Governor, to deliver a commission or commissions, to appoint a Battal- ion muster, or failing to give notice of a Regimental muster, to report delinquencies, to make returns of his regiment, as by this act directed, shall, for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars ; for failing to send into actual service, any Militia legally called for, or to turn out his Militia upon any invasion or insurrection of his county, three hundred dollars; for failing to appear while on duty in full uniform, for each article of dress in which he may be defi- on lieutenant cient, four dollars. A Lieutenant Colonel or Major, for failing to take an oath, to summon any Court or Board, to attend any Court or Board, to give notice of any Regimental or Battalion muster, to examine his Battalion, to report delinquencies, or to make any return as directed by this act, shall forfeit and pay, for each and every offence and neglect, a sum not exceeding thirty dollars ; for failing to call forth from his Battalion, with tlue dispatch, any detach- ment of men or officers, as shall be required from time to time by the commanding officer of his Re°"i- ment, or any call from the Governor, invasion of, or insurrection in his county, or requisition from any neighboring county, one hundred and fifty dollars; for failing to appear, while on duty, in full uniform, colonels or majors; 37 for each article of dress in which he may be defi- cient, three dollars. A captain, for failing to take on captains; an oath, to attend any Court, to enroll his company, to appoint private musters, to give notice of a Regi- mental or Battalion muster, to attend any muster, to call his roll, examine his company and report de- linquencies, or to allot his company into divisions from one to ten, for a regular routine of duty, or to make any returns as directed by this act, shall for- feit and pay, for each and every offence and neglect, a sum not exceeding twenty dollars ; for failing to call forth such officers and men as shall, from time to time be legally called from his company, upon any call from the Governor, invasion of, or insur- rection in the county, or requisition from an adja- cent county, or failing on such occasions to repair to the place of rendezvous, shall forfeit and pay seventy-five dollars; for failing to make any report concerning the public arms, according to the direc- tions of this act, a sum not exceeding fifty dollars; for failing to appear, while on duty, in full uniform, for each article of dress in which he may be defi- cient, two dollars. Any Adjutant who shall fail to onadjutants; attend any Regimental or Battalion muster, or any other meeting of the Regiment or Battalion, with- out, having a reasonable excuse, shall forfeit and pay the sum of twenty dollars, to be assessed by the Regimental Court of Enquiry. The Quarter-mas- quarter-mas. ter and Pay-master, the Surgeon and Surgeon's lm, fuVgwm Mate, for failing to attend the Regimental muster, J^u.rseon$' not having a reasonable excuse, shall forfeit and pay the sum of fifteen dollars, to be assessed in like manner. And the Sergeant-Major, for failing on tergeant to attend the Regimental or Battalion musters, or m*Jors5 the annual training of the officers, not having a rea- sonable excuse, shall forfeit and pay the sum of five dollars, to be assessed by the Regimental Court of Enquiry. A subaltern officer, for failing to take And subai. any oath, to attend any court or muster, armed astern offlcert' directed, for each and every such offence, shall for- feit and pay a sum not exceeding ten dollars; for failing to repair to the place of rendezvous, armed 38 as required, when ordered upon any call from the Governor, invasion of, or insurrection in the county, or requisition from a neighboring county, fifty dol- lars ; for failing to comply with the directions of this act, (so far as the same relates to the public arms,) defining the duties of captains of companies, when such captain shall be absent, and the com- mand of such company shall devolve on such subal- Fi«e for fail- tern, a sum not exceeding fifty dollars ; for failing •ng,l°(?|,pearto appear, while on duty, in full uniform, for each in uniform, • i i- 1 - i-\i , \ n - when incur- article of dress m which he may be deficient, two dollars: Provided, that no officer shall be subject to a fine for failing to appear in uniform, until three months after he shall have qualified to his commission. Penalty on A non-commisioned officer or soldier for failing to Sonedofficer repair to the place of rendezvous, when ordered, or soldier, for upon any call from the Governor, invasion of or in- paa'irnw place surrection in the county, or requisition of a neigh- oflcndezvous" boring county, shall forfeit and pay a sum not ex- ceeding eight}' dollars, to be adjudged of and de- termined by their respective Battalion Courts of Enquiry; and, moreover, shall be enrolled in the class destined to perforin the next tour of tluty. officers liable And moreover, the said officers, for any of the said resudBa^iaiv offences, shall be liable to be arrested and tried for tried. the 8ame as military offenders. Any non-commis- Penaity on sioned officer or private, failing to attend at his Re- sienedoffi'er gimental, Battalion or Company muster, armed and or private equipped as the law directs, shall forfeit a sum not lading to at- , * ' ', , r. . , . tend muster; less than seventy-hve cents, nor more than three to return dollars; and for failing to return the public arms !!t,enVg^iy and accoutrements, when legally required, for each required; and every such failure or neglect, he shall forfeit To g., into and pay one dollar. If any non-commissioned offi- Hi*n"oiSered,cer °1' private, at any muster, shall fail to go into &-<-•• the ranks when required, or to perform any order given, (not ha\ ing a reasonable excuse, to be judged of by a Court of Enquiry,) such noncommissioned officer or soldier shall be fined in a sum not less Fines on mm-than five nor more than ten dollars. If any non- XersV.r'prr1 comiiii'ssioned officer or private shall be returned r.-' r°n "°l as a delinquent, in not appearing armed and accou- 39 tred as the law directs, the Court Martial, before armed, &c whom the same shall be tried, may, if it shall appear miued!re reasonable, remit the fine incurred by him; Provi- ded, every such delinquent who hath a firelock of any kind, shall make it appear that he brought the same to muster; and provided also, that the com- persons not manding officers of companies shall not return any ^'"fof ?„"" such non-commissioned officer or private, for failing be returned to appear with a firelock at the muster, if it shall appearing appear manifest to him that he does not own or pos-without ob- sess any. 56. The artificers employed in the Manufactory Artificers at of Arms in the City of Richmond, shall be embo- ^gjg; died in one or more companies, as the Executive med into one ,., ,. iil 1 ai °r more corn- may direct, and be commanded by such officers as paniesof the Governor, with the advice of Council, may ap-m,litia- point and commission; and shall be an independent Tlieir officers corps, and act as a guard to the Manufactory °f fiabilitf^as Arms, whenever the Executive may direct or require such.1' the same; and shall be liable to the same fines and penalties, for failing or refusing to perform the du- ties required of them in pursuance of this act, as the officers and privates of the main body of the Militia are liable to, for failing or refusing to com- ply with the duties imposed on them by law. For For a«*f«ing the purpose of assessing the fines on such delin-f;"^;;,^' quent officers and privates, the officer or officers the"- officers T ,. . ' . .... to be mem- commandang such company or companies, shall be, Ders of courts and they are hereby authorised and required, to sit?nft^,"Q'[> as members of the Battalion Courts of Enquiry regiment. held for the first Battalion of the nineteenth Regi- ment of Militia, and the Regimental Courts of En- quiry held for the said Regiments ; and they shall make their return of delinquents to such courts, and the like proceedings shall be had in every respect, as is required by law with regard to the main body of the Militia: Provided, nevertheless, That nothing proviso. herein contained, shall be so construed as to require of the said company or companies of artificers, to perform any ot the duties required by law as a part of the aforesaid Regiment, nor to require the performance of any duties other than those now re 40 ed for. Courts mar- tial. brigadier .general. Powers of such courts. Fiaetsoim- quired by law. The fines so imposed, shall be col- posed.how lccteil and accounted for in the same manner, as is to be collected ., . . . . . . md account- prescribed by law in the case ot fines imposed on the main body of Militia of this State. 57. And whereas it is necessary, that certain tribunals be instituted for the trial of offences, as they are to be viewed in a military light, and for en- quiring into certain delinquencies and asse^sillg For trial of fines; the Governor or commanding officer of the ^Jnue^an,ma. Militia of this State, shall have power, for miscon- genenfor duct within his own knowledge, or upon complaint lodged in writing by any commissioned officer, to arrest and order a Court Martial of the State, for the trial of the Adjutant General, a Major Gene- ral or Brigadier General, to be composed of one Major General, not more than lour Brigadier Gen- erals, and as many Colonels, Lieutenant Colonels and Majors, as shall make up a number not less than five, nor more than thirteen, and two supernu- meraries ; and such Courts Martial shall proceed to hear and determine on all offences under this act, and may censure or cashier any officer so tried ; Appeal toex- which sentence shall be final, saving an appeal to For trial of • the Executive. And any Major General or Briga- tenant'eoio^ dier General, for misconduct within his own know- nei, aid.de- ledge, or upon complaint lodged in writing by any tamp.bngade ° \ . r r O o J J inspector or commissioned officer, shall have power to arrest any Colonel, Lieutenant Colonel, Aid-de-Camp, Brigade Inspector and Major, or any other inferior officer; and the commanding officer of the Division shall order a Court Martial for the trial of such Colonel, Lieutenant Colonel, Aid-de-Camp, Brigade Inspec- tor or Major, to be composed of one Brigadier Gen- eral, and as many Colonels, Lieutenant Colonels, Majors and Captains, as shall make up a number not less than five, nor more than thirteen, and two supernumeraries; and such Courts Martial shall proceed to hear and determine on all offences under this act, and may censure or cashier such officer; Appeal toex-which sentence shall be final, saving to the party For'trui of a an appeal to the Executive. And any Brigadier Xitetnr General, Colonel, Lieutenant Colonel or Major, for major. Powers of such courts. 41 misconduct in any Captain or subaltern, within his own knowledge, or upon complaint lodged in wri- ting by any commissioned officer, may arrest such Captain or subaltern ; and the Brigadier or com- manding officer of the Brigade, shall order a Bri- gade Court Martial for the trial of such Captain or subaltern, to be composed of one or more field officers, and a sufficient number of Captains and subalterns to make up a number not less than five, nor more than thirteen, and two supernumeraries ; and such Courts Martial shall proceed to hear and ^Xeouru. determine on all offences under this act, and may censure or cashier any officer so tried ; which sen- Appeal to «- tence shall be final, saving to the party an appealecut,v''' to the Executive. Every person who may think written no- himself aggrieved by the judgment of any Courttlcethereon Martial, shall, within ten days thereafter, file a no- tice in writing with the Judge Advocate, stating that he intends to appeal from such judgment, and shall, within what within ninety days after the filing such notice, pro-te^roswuted. secute his appeal; otherwise, the judgment of such court shall be final, as if the same had been ap- proved by the Executive. And in all cases of Copy of pro- appeal, the party making the appeal, may demand befu'rmsheV of the Clerk or Judge Advocate of the Court Mar- appelant. tial, a full copy of the proceedings had thereon, to be laid before the Executive, who shall determine agreeably to the right of the case ; and for obtain- witnesses, ing the necessary evidences for the trials aforesaid, summoned. the commanding officer of the State, Division or Brigade, (as the case may be,) shall issue his sum- mons ; and every person so summoned, failing to Penalty for attend, shall be subject to, and may be tried by aSUch2mv Court Martial, and, if an officer, may, at the dis- mom' cretion of the Court Martial, be cashiered, or fined, not exceeding six months' pay as by law allowed ; and, if a non-commissioned officer or soldier, to be reported to the Court of Enquiry of the Regiment to which he shall belong, and be then subject to such • fines and penalties, as they may think proper to in- flict, not exceeding six months' pay. d 2 42 officer »ppu- 58. When any application shall be made for the rest? trudge arrest of any officer, in all such cases, the command- whether of- ing officer to whom such application shall be made, nlzabiehy008*shall determine whether the offence be cognizable AffidVriTret1' before a military tribunal: and in all such cases, quired. the charge or charges exhibited against such officer, shall be supported by affidavit. Limitation of 59. No officer shall be arrested for any act, of trmeforar- wj1jcj1 ke may j^ alleged to have been guilty two years previous to the application for such arrest. conviction of 60. If any militia officer shall be convicted of annuf'convt0 felony, or of any misderm nor punishable by con- mission of finement in the Peniter.Uary-house, or by stripes, or of perjury or forgery, such conviction shall com- pletely supersede and annul his commission, and the office which he filled shall be deemed vacant. court martial 61. Whenever a Court Martial shall be convened '•termor" for the trial of any commissioned officer, it shall be catef adv(h lawful for such court to appoint such person as the members thereof may think fit, to act as Clerk or sat!on?mpei^ JU(lge Advocate ; and the Clerk or Judge Advocate so appointed, shall receive a compensation for his services, not exceeding ten dollars per diem, to be judged of by the court before whom he shall have rendered the same, and to be paid out of the con- Ailowan«e tingent fund. And where any appeal is taken from proceid'ings the decision of a Court Martial, the said court shall iswdTenP1>ea' make a reasonable allowance to the Clerk or Judge Advocate, for the copy of the proceedings of the said court, to which the party making the appeal is by law entitled, to be paid in like manner out of proviso. the contingent fund : Provided, however, That the said allowance shall not be paid, except upon pro- duction of the receipt of the party for the copy of the said proceedings. N^iiTrte 62. And whenever a Court Martial shall hereafter witn.svesto convene, for the trial of any commissioned officer, pwd'by commit shall not be lawful to summon more than three monweaitu. witnesses to depose to the same fact; and ii more be summoned, their attendance shall be paid by the party at whose instance they shall attend. 43 63. The said Courts Martial shall, in the trial Ruieiby^ of any officer, proceed according to the rules and marCtiaic°shaH articles of war, as established by a resolution of proceed. Congress ; except, when any officer shall be tried for any offence', committed while not in actual ser- vice, the officers convened for his trial, shall, instead of the oath prescribed by the said articles, take the following, viz.: 7, A. B. do swear, that I will oathtobeta- well and truly try and determine, according to the ^"office^'for evidence, the matter now depending between the Com- offence com- monwealth of Virginia, and C. D., under arrest ; not in actual and that I will duly administer justice, according,erv,ce- to law, to the best of my knowledge, without par- tiality, favour or affection; nor will I upon any account, at any time whatsoever, discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof, as a witness, bij a court of justice, or in due course of law. So help me God. Which said oath shall Byjhom ad- be administered by the Judge Advocate, to all the mi " members of the Court Martial ; and the president of such court shall thereupon administer the follow- ing oath to the Judge Advocate, to wit: You, A. B., £££*£■ do swear, that you ivill not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the Court Martial, unless required to give evidence thereof, as a icitness, by a court of justice, or in due course of law. So help you God. 64. Officers attending a Court Martial for the £™e™£m. trial of any arrested officer, shall receive the sum be,» of such of three dollars, each, for every day they shall so ac-cou,u tually attend ; and one day shall be allowed for ev- ery twenty miles they shall necessarily travel in going to and returning from the place appointed tor s'ich trial. And the persons appointed to summon To persons a Court Martial, and the witnesses to attend the ^—sB£,d same, shall receive as a compensation, eight cents witnesses. for every mile they shall necessarily travel, in sum- moning such court ami the witnesses. And every To witnesses. witness summoned and attending, shall be allowed one dollar and six cents per diem, for attendance, 44 and eight cents per mile for travelling to such court, Attendance and the same for returning. Which attendance of !mdpaiIdified the said officers and witnesses shall be certified by such court, if any shall be holden; if not, by any five officers summoned to attend as aforesaid., and paid out of the contingent fund. Battalion 65. There shall be Battalion Courts of Enquiry, quiry, ° en to be appointed by the commanding officer of the Regiment, to which the Battalion is attached, for the assessment of fines incurred under this act in when and such Battalion; and such Courts of Enquiry shall howconstitut.be heid wjthin not less than ten, nor more than fif- teen days after the Battalion musters, and to consist of the commanding officer of the Battalion and the commanding officers of companies", or a majority of them, who shall take the following oath, to be admi- nistered by the presiding officer, and afterwards, by any other officer of the said court, to him, to wit: oath of mem- jt WM truly and faithfully en- quire into all delinquencies, which appear on the re- turns to be laid before me, and will assess the fines thereon as shall seem just, without favour, partial- ity, or affection. So help me God. The commanding officer of the Battalion shall then lay before the said court, all delinquencies, as di- rected by this act; whereupon they shall proceed Regimental to hear and determine. And there shall moreover quiry. °f cn"bea Regimental Court of Enquiry in each year, for the assessment of fines incurred by the officers of when and the Regiment. And such Court of Enquiry shall howconsntut-^e |iejj ky appointment of the commanding officer, within fifteen days after the last Battalion Court of Enquiry; to consist of the commanding officers of the Regiment, Battalions and Companies, or a oath of mem- majority of them, who shall take an oath in manner and form as prescribed above: the commanding officer of the Regiment shall then lay before the said court, all delinquencies as directed by this act: whereupon they shall proceed to hear and Returns of determine. It shall be the duty of the presiding fice^'fJifing officer of each and every such Court of Enquiry, tour"rilsuch *° return to the next Regimental Court of Enquiry, 45 all delinquent officers failing to attend the preced- ing court; and such Regimental Court may, forpowerof re- good cause shewn, remit or moderate any fine im- p „ , account of bo- uty, on account ot bodily infirmity, and may diiy infirmity, again direct suckperson to be enrolled, when able &c" to do duty. w 66. Whenever a Regimental or Battalion Court Provision shall be prevented from being holden, within the *hei^rco.^rtr0f time now limited by law, by bad weather, or other vented by bad unavoidable accident, the commandant of any such weathtr'&c' Regiment or Battalion, as the case may be, is here- by authorised to appoint another day for holding such Regimental or Battalion Courts: Provided, provise. such day shall not be within less than ten days, nor more than twenty days, after the days last ap- pointed for holding such courts. And, if a suffi- cient number of officers shall again be prevented from attending, it shall be lawful for such Com- Appoint- mandant to renew his appointment, from time to ab'ie^rom6* time, as above directed; reasonable notice being t«>»e to time. given to the officers and privates of such Regiment or Battalion, of the time and place of holding such courts. 67. No fine prescribed by law, for neglect, or Fines on com- breach of duty, of the commanding officer of a Je|iments,0 Regiment, shall be imposed by the Court of En-h^tobeim quiry for the Regiment commanded by such officer. But, it shall be the duty of the Brigadier General, Duty of w^ within whose command such officer may be, when- fn^e^""8' ever he shall know of any such neglect or breach thereto. of duty, or whenever he shall be informed thereof by any written statement, signed by any officer, to cause the matter, without delay, to be laid before the Regimental Court of Enquiry, for some ad- joining Regiment, and to give notice to such com- manding officer, that his case will be submitted to such Court of Enquiry. That there may be no de- lay in the decision of the said court, the Brigadier General shall, at the time of giving notice to the 1G said commanding officer, also notify the command- ing officer of the said adjoining Regiment, in order that he may summon the necessary witnesses, or direct the clerk of the Court of Enquiry to do so. And the court last mentioned shall have full power and authority, to hear and determine thereupon, Dutyofcierk according to law. If the sentence of such court °mposingCs0ucrhtshal1 i|lfllct a fine, it shall be theory of the clerk fine. of such court, forthwith to certirjj-such sentence, and deliver it to the sheriff of the county in which the officer fined may reside, and to certify such sentence also to the Auditor. surgeon aud 68. It shall be the duty of the Surgeon and Sur- maTto «- geonrs mate to attend the Regimental Courts of tend regimen-Enquiry; and for failure thereof, he shall be fined Fiuefor fail-in a sum not exceeding ten dollars, to be assessed ure* and collected as other fines. cierk and 69. The respective Regimental Courts of Enqui- SauTr^" ry, where it has not already been done, shall, at menui court, their first court to be held under this act, appoint ed.w appo,nt" by ballot, a Clerk and Provost Martial, who shall Tenure of De removable at the pleasure of the said court, and who shall attend the courts herein before directed cierk'sduties. to be held. Such clerk shall keep a fair record of the proceedings of such courts, as also of the ros- ter returned by the several captains or command- ing officers of companies for regular routine of du- Lists of fines ty, and shall make out for the sheriff', a fair list of l0d,hed-ff fines assessed by the Regimental and Battalion List, when to Courts, and one other list, which shall be transmit* i^oTuditor. ted to the Auditor, on or before the first day of September next, after such Regimental Court of Enquiry was holden in each year, and do all other duties required by this act, and together with the compensation Provost Martial, shall receive such allowance, to provost mar- be paid out of the fines, as the court shall think ti,u reasonable; not exceeding to the clerks, ten dollars for each day they shall attend the said courts, and five dollars for each list of fines they shall make out, as required by law ; and not exceeding to the Provost Martial, three dollars for each day Tie shall attend the Courts of Enquiry. 47 70. It shall be the duty of the clerks of the se- cierkstosemi veral Courts of Enquiry, to transmit to the Auditor ^^f^ of Public Accounts, on or before the first day of ccipt'. for lists September in each year, a certified copy of the she- 0f suchYuuj riff's receipt for each list of Militia fines, put intoand when# his hands for collection, together with a copy of such list; and such certified copy of the sheriff's receipt, shall be evidence on a motion against him for such fines. 71. The clerk of each Regimental Court of En • cierks ofre> quiry shall be, and he is hereby required to return fourts"** re- to the Auditor of Public Accounts, a list of all J"ari'il,sis,a,u00fw. claims upon the militia fine fund allowed by their ed on Militia respective courts, within thirty days after their ad-£n_emnd'aBd journment. It shall not be lawful, h ireafter, for D^jcatecer- the clerk of any Regimental Court of Enquiry, to such aiiowan- grant any duplicate certificate of any allowance, _^'n"ed)tbute made by the court, to any person having a claim by order of to be paid out of the militia fine fund, unless suchcourt' court upon satisfactory proof made to them, by the oath of the party or otherwise, that the original cer- tificate hath been lost or destroyed, not having been paid, shall order a duplicate thereof to be issued. Every duplicate, issued in pursuance of such order, such dnpi shall shew, upon the face thereof, that it is a dupli- {J'p how u Per breach of this .., j -.. - _ , ... r - tn> expressed. cate issued by order of court. II any clerk shall Penalty for issue any duplicate, otherwise than is herein provi-__^ktion!!' ded, he shall forfeit and pay, for every such offence, a fine of one hundred dollars, to be recovered, by motion, in the General Court, upon reasonable no- tice thereof. 72. Every clerk of the Courts of Enquiry, shall cierk'«:oath take an oath faithfully to execute his duty, to be of offic*' administered by the president of the court, before such clerk shall proceed to act as such ; and every Penalty for such clerk failing to furnish the sheriff, Serjeant, (r^hs™of" or other collector of his county or corporation, with |_^» £» she- a list of the fines due within his bailiwick, corpo- not'certi'fjing ration or district, or to certify the list to the Audi-JJJ^" t0 tor of Public Accounts, as directed by lau', shall be subject to a fine of fifty dollars for every failure ; and it shall be the duty of every Colonel, to certi-colonel to 43 certify clerk's fy to the Auditor, within ninety days after the when5 "nd meeting of his Regimental Court of Enquiry, an- nually, the name of the clerk of such Court of En- venaity for quiry. And every Colonel failing herein, shall for- negiect. fejt ^j pay the sum of fifty dollars for every fail- Auditor to ure. And it shall be the duty of the Auditor of certify clerk's Public Accounts, to certify every such failure of a colonel, «> be clerk, to the Colonel of the Regiment wherein the forebthe'™eg1- same happened, to be by him laid before the next mental court* Regimental Court of Enquiry, who shall proceed to adjudge such fine against the delinquent, as in other cases; and the fines so imposed, shall be col- lected and accounted for as other fines are by law directed. Fines collect- 73. All fines to be assessed, by virtue of this act, ed by sheriff. shau be collected by the sheriff of the county; and to enable him to make such collection, the clerks cierks to 0I" the Courts of Enquiry shall make out tickets of make out tick- fines, in the same manner that county court clerks when tote do for their fees; which shall be delivered to the •henffi6*110 sheriffs, on or before the first day of May in every year; but no fine imposed at any court of enquiry, shall be put into his hands before a subsequent court of enquiry shall have intervened ; the sheriff' shall give his receipt therefor, and, having deducted a •ommission commission of six per centum, shall account for, Payment Into ant* Pav the residue into the public treasury, on or ihe treasury, before the fifteenth day of December next thereaf- ter, under the same penalties, and subject to the same mode of recovery, as are prescribed by law penalties,and with respect to the collection of the taxes. And modeofreco- s|10uld anv person so charged with fines, fail to very, for lion- . "'. i r . i r> .,.». payment. make payment, on or before the first day of May in any year, the sheriff is hereby authorised to Distress and make distress and sale therefor: Provided, never- ^hJ'>rf>utl'theless, That the commanders of regiments shall Power of have power, for good cause shewn, and where it ofre'gTmeiTto shall appear, that any non-commissioned officer or leX'n? co'" private, had it not in his power to attend the regi- mental court of enquiry, to offer his excuse, to sus- pend the collection of said fine, until the next re- gimental court of enquiry, by a written order to 49 the clerk of such court, or to the sheriff* as the case may be: Provided, such application is made before Proviso. the first day of March next/after the said fine shall have been imposed : which said regimental court of enquiry shall order and adjudge, as if such excuse had been offered in due time. And it shall be the insolvent duty of the sheriffs, having, at the next preceding •^vmised at county court, advertised the same at the door of the ^"^Xre. court-house, to return to the Regimental Courts of turned to «> Enquiry, such of those tickets, as, by reason of in- fom^tal solvencies, or other causes, they could not collect, to be examined by the said court, who shall judge jj^^JJIJ* of such insolvencies, and shall direct their clerk to tion thereto. certify a part or the whole of such list, as to them shall seem just: and where it shall appear to such £°{™!;['1'1itatJ' Courts of Enquiry, that any of the tickets return-tickets, where ed were not collected in consequence of the remo- haveremovW. val of such delinquent, it shall be the duty of the Colonel to transmit the said tickets to the sheriff, in whose county such delinquent or delinquents mav reside, for collection : Provided, the Regimen- Proviso. taf Court of Enquiry shall make an order, on the minute book of their proceedings, to that effect A fffi£%£* list of all such fines, so to be transmitted by the Ust of fines so Colonel, shall by the clerk be certified to the auditor J^JheriW of public accounts, together with the receipt which receipt. shall be taken by the Colonel from the sheriff', to whom such tickets were given for collection; which fH^J^P* receipt shall be good evidence, whereupon to charge chargesheriff. the sheriff therewith ; and such sheriff' shall be lia- ble for, and proceeded against, in like manner as for other militia fines now directed by law. When *e,^7f™ne. any Colonel shall* fail or neglect delivering such gleet. tickets, taking a receipt and transmitting the same to the auditor of public accounts, being instructed so to do, as before directed, by the Regimental Court of Enquiry, he shall for every offence forfeit and pay a sum not exceeding fifty dollars, to be adjudged by the Regimental Court of Enquiry. 74. The clerks of the respective Courts of En- Du*«Me*- quiry in the Commonwealth, shall, at the two sue- court-house cessive "courts for their county next following each Uoor>&,s of s 50 ticketsreturn-Regimental Court of Enquiry, set up, at the front as insolvent, door of the court-house, in alphabetical order, a fair edebyntheU°w'and distinct list of all the tickets which may be re- courtof en- turned by any sheriff, as insolvent, removed or other- quiry* wise, and which may be allowed by said court, and shall note, in such list, against every man's ^ame, the sheriff's return on such ticket. compensati- 75. Each clerk of the respective Courts of En- •nrfbrsodo. ^u\rjt sjiai__ t,e entitled to and receive, for every list so made out and set up as before directed, a sum Penalty for not exceeding four dollars ; and shall, for every fail- negiect. ure thereof, forfeit and pay a sum noA,exceeding thirty dollars, to be adjudged and collected as other Militia fines. when coiiec- 76. If any officer, non-commissioned officer, or may b^us- private in the Militia, shall heretofore have been pendedbyor-fined, or shall hereafter be fined by the sentence of mandator any Court of Enquiry, for any alleged failure of regiment, duty, and for want of notice of such fine or by any other sufficient cause, he shall have been prevented from applying to the next succeeding Regimental Court ot Enquiry for a remission thereof, it shall be lawful for the commanding officer of the Regi- ment, upon the application of the person fined, and upon good cause shewn by affidavit, at any time before the fine shall have been paid, to suspend the collection thereof, by a written order to the clerk of such court,.or to the sheriff, as the case may be; Power of next and the next succeeding Regimental Court of En- c^rt tore- quiry shall have full power to remit such fine, if it mit fine so shall appear to them just and proper so to do. The comman-' order of the commanding officer, directed as afore- w en'itiedsh'e-sa^ to the sheriff, shall be a sufficient voucher to riff to credit entitle him to a credit, on his settlement with the Authentic™' Auditor: Provided, That the authenticity of such hfw certified'order ^e certified by the court of the county, in clerk toin- ' which the sheriff may reside. When the collection ifrno'tUrem\t-e'°f any tine shall have been suspended by the com- iintonbeede- manu"ing officer, as is provided for by this act, and limed to the succeeding Regimental Court of Enquiry shall sheriff. not ^ave i-emitted the same, it shall be the duty of the clerk of such court, to insert such fine in the 51 t* next list which he shall deliver to the sheriff, to be collected and accounted for in the same manner, as if the collection had never been suspended. 77. If any person, on whom any fine shall beim- where effects posed, shall not have any visible property, it shall delinquents^ be lawful for the sheriff to attach the effects or mo-hh£!1,,raa0be ney of such delinquent in the hands of any person; attached for and it shall be lawful for such garnishee, to satisfy fines- and pay the amount due on account of such fines; and it shall be a discharge for so much against such delinquent; but, if he shall refuse or fail to pay how garni- the said amount, it shall be the duty of such sheriff, *mpeiiedto to summon such garnishee before the nearest jus- pay. tice of the peace for such county, informing him the precise time he shall appear; and if he shall appear, and on oath confess, that he has effects in his hands, or stands indebted to such delinquent, sufficient to satisfy such fine and costs, or if he shall fail to appear, it shall be lawful for the said justice, to award execution against such garnishee, to be in his hands, including sixty-three cents as a sheriff'»fce. fee to such sheriff: Provided, That, before such Proviso. justice shall award any execution for default, he shall require an oath, that such garnishee was duly informed of the time of such application. 78. The sheriff of each county shall, on or be- Draftsofcom- fore the first day of October in every year, pay and m,?dil,,,s of satisfy all drafts of the Colonel or commanding whenp^yabie officer of the Regiment, drawn as herein-after di-by shenflrs* rected, for any purpose authorised by law; and, on Remedya- failure so to do, the court of the county, whereof for^on-pat^ he is sheriff, shall be and hereby are, empowered menu arid required, on motion of the Colonel or com- manding officer of the Regiment, to render judg- ment against the said sheriff, his executors or ad- ministrators, for the amount of such draft, with the costs of the said motion; upon which judgment, execution shall issue, be endorsed and proceeded on, in like manner as executions are directed by law, in other cases against delinquent sheriffs:— Provided, where it shall so happen, that the sheriffProviso, ._ of any county shall be commanding officer of a^w^wi-1* damofregi. Regiment therein, the officer next in command menu shall proceed as herein particularly directed. Account. 79. The commanding officer ofVvery Regiment rerX-'.Vf shall, on or before the first day of December, in cfli.'ma'ndants every vear, render to the county or corporation onirafts by C0VLrtf a"n account 0f an the drafts matie by him on the sheriff or collector for such requisites as under this Collector of act he is authorised to purchase or procure; speci- mem'edTro^ tying therein, the particular articles for which such amount there- drafts were given ; and the passing of such account, of" by the court, shall exonerate such officer from any claim by the Commonwealth. Wheretickets 80, If it shall have so happened, that tickets of tosh'.'rlff ind nnes have not in due time been delivered to the due lim.,sue- sheriff' for collection, any succeeding sheriff shall, w^oiliaT^and he is hereby directed to receive such tickets, and shall collect and account for the same in like manner with other fines placed in his hands for collection. Militia fine 81. Whatever fines shall be thus paid into the fund, how<»p- ^^ trpa^^y hy vlvi^ ~f «U:» --■-, -1~" U~ KnlJ Dro asl fund for defraying the salaries of the officers herein-after mentioned, and equipping and furnish- ing the Militia with all necessary apparatus, tor septratebookthe defence and security of the State 5 and the f« that fund, treasurer shall keep a separate book for the same and the expenditure thereof. provision 82. In all cases where the fund arising on Mili- rSfrSm tia fines, in any Regiment of Militia in this State, toe* in any shall not be sufficient for the payment of any draft Inlufficient'toor drafts herein-after to be made by the Comman- Paydrafttnp-(|ant 0f such Regiment, in favor of any Adjutant, m%U Clerk of Courts of Enquiry, Provost Martial, or Musician, in such Regiment, the same shall be paid out of any money in the treasury arising from Mi- litia fines. setofcok.r.5 83. The colonel, or commanding officer of the for eachreg* Regiment, shall cause to be purchased, out of the Suon!n bM" money arising from the fines, a set of colors for each Regiment, and also a set of colors for each Drum and Battalion : he shall also procure in like manner, for fifeor bugle eack company, a drum and fife, or bugle horn; and 53 on the colors and drums, shall be marked the num- ber of the Regiment and the Battalion, together with the name of the county to which they belong. 84. And whereas sundry charges and expenses Credit* fi» are authorised herein : Be it enacted, That the she- Ji'encies to' riff having a draft or drafts from the Colonel, or^,^l,ed commanding officer of the Regiment, shall be au- thorised to discharge the same; for which, as well as all insolvencies duly certified by the Clerk of the Court of Enquiry, he shall be allowed on a set- tlement between the auditor and sheriff. 85. The Governor, with the advice of Council, Governor shall be authorised and empowered, on an invasion ^undiVe^i or insurrection, or probable prospect thereof, to call out militia,on forth such a number of the Militia, and from such .urrection"* counties, as they may deem proper; and for the ac-.^Jjj appoint commodation, equipment and support of the Mili- quarter-mas- tia, so at any time to be called forth, the Governor, M^Md1* with the advice aforesaid, may appoint such Quar-ther'ttff»&Ci ter-masters, Commissaries, and other staff, as to him shall seem proper, and fix their pay and allow- ances ; and shall also take such measures, for pro- curing, transporting and issuing all orders which may be necessary, as to him shall seem best. Or- orders, to ders for the militia to be called forth as aforesaid, *j£mt0 *? shall be sent to the commanding officers of bri- gades, or to the commandants of regiments, or in such other manner as may be deemed expedient, with a notification of the place or places of ren- dezvous ; who shall immediately take measures for detaching the same, with the necessary number and ranks of officers, by detail and rotation of duty. 86. And if it shall appear to the Executive, upon where e*eeu- calling forth the Militia as aforesaid, that the ne-JJS'Si.^m. cessary number and ranks of officers will not at- ^^^^f tend the detachments, for officering them at the J^oper,1 from places of rendezvous, the Governor with the advice SHSS.*11" of Council, is hereby authorised and required to appoint such officers as may be necessary, from the counties called upon, as they may think proper, to join the detachments so raised. If a sudden inva- ^J^JJX" sion shall be made into any county of this Com-Zt n»JW" e 3 54 oat militia in monwealth, or in case of an insurrection in any biicounty. countyf the commanding officer of the Militia in such county is hereby authorised and required to order out the whole, or such part of the Militia,as he may think best, for repelling such invasion, or And call for suppressing such insurrection; ami shall call on *Menrt°Sou^" the commanding officers of regiments in the adja- «ies. cent counties for such aid as he may think neces- sary ; who shall forthwith in like manner furnish the same. His duty to 87. Whenever the commanding officer of the •WHuo" Militia in any county, shall call out such Militia or theExecutive.any part thereof, in pursuance of law, he shall forthwith communicate such call to the Executive of this Commonwealth, with a correct statement of the number and description of the force so called Their powers outj an(i the causes thereof; in order, either that thereupon. ^ Executive maJ sancti0n the call, or that the commander in chief may disband the whole, or any part of the force so called out, or that such other measures may be taken as the public good may re- campequi- quire. The Colonel or commanding officer of Re- bt^ro'cuTed" giments, from which detachments are drawn, shall for detach cau8e to be procured by impressment, or otherwise, ments oi mi- r •/ i . , liSa. for each company or detachment, the necessary and of what arti-pr0per camp equipage, to consist of one camp ket- cies to consist. tje ^ evefy sjx_ an(j one axe an(] Spaje for every twenty men; with one waggon and team for every eighty men, or as nearly as may be in that propor- Howtobeva-tion. The said camp equipage, having been first ,ltfd' valued by two or more freeholders on oath, shall be CoramaBding delivered to the commanding officer of the company cMnttWe. or detachment, who shall be accountable for the To deliver to same, and shall either deliver it, taking a receipt ?er*rcS'oTr<-therefor, to the Quarter-master, or other officer au- turn to owner thorised to receive it, at the post or place where when tour is the company or detachment shall have served, or been discharged, or shall return it when his tour is over, and in the latter case, the articles aforesaid compensa- shall be returned to the owner or owners, who shall bowa4ud^d.be allowed for the use of the same whatever sum shall be adjudged 1>V the Regimental Court of En- 55 quiry of the Regiment, within the bounds of which the articles were procured ; and if any articles pro- ^"not1*!*?*" cured by virtue of this act, shall be turned over to turned,with the Quarter-master, or other officer authorised to Jj£^,n,Jeh0s£ receive them, at the post or place where the com- *J;l_^g(__Jjand pany or detachment was discharged, or shall have been lost in the service, the owner or owners, on the receipt of the Quarter-master, or other officer, or the certificate of the officer commanding the company or detachment, that any article or articles were lost in the service, being laid before the said court, the value thereof shall be allowed with legal interest thereon, from the time of the valuation, till paid, without any allowance for the use of the said articles; and the said allowance shall in all cases be certified to the auditor of public accounts. The Enquiry as to said court shall also make enquiry as to the cause l^nelm^' of anv such loss, and, unless it shall be satisfied, posed on offl- ,, , J , , , . ., . ci-r chargea- that such loss was not occasioned by the miscon-bie. duct or inattention of any officer, under whose charge it may have come, it shall proceed to fine such officer, in an amount at least equal to the va- lue of the article or articles so lost. Any officer officer to re- commanding a company or detachment, who s'sall 1"™,$^'^ fail to return to the Regimental Court of Enquiry receipt for next succeeding the expiration of his tour of duty, age.orcmifi- a receipt or certificate, shewing in what manner ^^'"S any camp equipage to him delivered, had been dis- posed of or lost in the service, may be fined by Fine for neg- such court in an amount equal to the value thereof; and the value of his, her or their article or articles, may thereupon be allowed by the court to the owner or owners of such camp equipage. Whenever a Regiment, or any part thereof is called out by the Colonel or commanding officer, in case of invasion or insurrection, camp equipage may be procured as aforesaid ; but, in such cases, it shall, when the Re- giment, or such part as may be called out, is dis- charged, be returned to the owner or owners. 88. Whenever any Militia shall be called forth M'Jj"8' when into actual service as aforesaid, or shall be enlisted ed by articles" for a fixed period to guard any arsenal or otherofwar' 56 public property, they shall be governed by the arti- cles of war, which govern the troops of the United tiaffor trui" States '■> am* Courts Martial shall be held as therein of militia, to are directed, to be composed of Militia officers only, utia officer^" f°r the trial of any person in the Militia ; but to only. the cashiering of any officer, or capital punishment For cashier- c ° .1 J , ■• £ .1 r Ti ing,01 pun- of any person, the approbation ot the Executive dearth wo- ?na^ De necessary; and, when any Militia shall be nation oi «. in actual service of the State, they shall be allow- sary.,v ' **" ed the same pay and rations, as are allowed by lions^acw. Iaw t0 the troops of the United States. And when- ai service, ever any Militia in the service of this State, shall commute- be disbanded, they shall be allowed to draw money tions,°when in lieu of the rations to which they may be enti- ho°Waascer.and tietb to be commuted at a fair price, which shall be tainabie. ascertained, wherever practicable, by the contract price; and wherever not so practicable, it shall be regulated by the Quarter-master general. Proceedings 89. No proceedings shall hereafter be had, in any execution^ °" suits either at law or equity, or on any writ of fieri against draft- facias, or other execution, against the person or ed persons •> . e 1 l and their su- property of any person or persons, who may be pSiiTand czdled by draft from the Militia into the military L\v long. service of the United States, or of this State, or against his or their security or securities, from and after the time when such person or persons shall be ordered to the place of rendezvous, until his or their term of service shall have expired. And, if any such writ of fieri facias, execution, or other process, shall issue contrary to the true intent and meaning of this act, it shall be the duty of the she- riff, or other officer, charged with the execution thereof, to suspend, or of the court from which such fieri facias, execution or other process issued, to order to be suspended, all further proceedings Exceptions, thereon : Provided, nevertheless, That nothing here- in _;°__ri'I__;,ies in contained shall be so construed, as to apply to >»ses. the security or securities of any sheriff, serjeant, coroner, constable, guardian, executor or adminis- trator, or committee of an idiot or lunatic, or other person of unsound mind, or as receiver or trustee under an order or decree of any court of equity, 57 90. And provided also, That the benefit of this g^XjJ"* act shall not extend to any person or persons em-?*{_££*f(£" ployed in the military service of the United States, ^oney receur- or of this State, and who shall have received the $%££ money of any other person or persons, as attorney, sheriff, serjeant, coroner, constable, guardian, exe- cutor or administrator, or committee of an idiot, lunatic, or other person or persons of unsound mind, or as receiver or trustee under an order or decree of any court of law or equity, their security or securities. 91. If anv person or persons shall have any claim, Depositions demand, or'matter of controversy existing and de-*y6j^a^ pending, between him or them and anjr person or notwitnstand- persons who hereafter may be in the military ser- J^on, "^ vice of the United States or of this State, he, she, or they are hereby authorised and empowered, after pursuing the course heretofore directed by law in such cases, to take the deposition or depositions de bene esse of any witness or witnesses which he, »!>» '— *U~J- -~»j' «l/»am rnair^uual to. thp final Aftta. blishment or adjustment of such claim, aWanoTor matter of controversy, to be read as evidence in any suit or suits, which now do or hereafter may exist in consequence of such claim, demand or matter of controversy, between the parties afore- said, in case such witness or witnesses should be unable to attend. 92. The provisions last aforesaid, shall not ex- proceedings tend to any person or persons, who may be called ^n£dbe,Ui" into the military service of the United States, or of »e»;nst per- . x .» • ■ jiiii ions who nave this State, in the manner aforesaid, and shall have fumishedsub. employed a substitute to perform his or their tour »titutes'• of duty; nor shall the said provisions extend to Nor against any person or persons, who shall enter the military *™u' service of the United States, or of this State, as a substitute: And provided, afco, That nothing con-Proviso, as to tained in this act shall, in any manner, prevent the ?"mmin£ granting or re-instating of an injunction against injunction., any person whatever. 93. Each Brigi.de Inspector shall be allowed Pay^d mile. eight dollars, for every day he shall attend the JSjJeta?* 58 training and regimental musters, and ten cents for every mile he shall necessarily travel in going and How certified, returning; which shall be certified by the comman- ding officer of each Regiment, and paid by the trea- surer, on warrant from the auditor, out of any mo- Mieagefor ney in the treasury. But, he shall charge mileage onfy'Through onty t°r one circuit through the Brigade; and it the brigade, shall be the duty of the Brigadier General, so to arrange the training of the officers and regimental musters, as to render only one circuit necessary: Proviso. Provided nevertheless, That such Inspector shall be entitled to receive not less than one hundred dollars for his services. officer to be 94. And if he shall fail to attend at any time, it wnerebri1 desna^ ^e iawrui for such commandant, to appoint inspector fails some officer to perform the duties required of such w attend. Brigade Inspector, who shall receive the same com- pensation per day, and which shall be certified in the same manner, as is herein-before directed, in the case of the Brigade Inspectors, far thou- att«n- -„™ b^d^^^^^^V^dM^tr eVeTy attending. ^&^ ^ie_ ^jj ^-j ^Q attend, without having a rea- sonable excuse. Penalties on 95. And for the purpose of ascertaining what Ipertors'"how tribunal shall have power to award judgment for imposed'. penalties herein imposed on Brigade Inspectors, for a failure-of duty, it shall be the duty of the com- manders of Regiments, wherein any delinquency shall take place, or the Adjutant General, where any Brigade Inspector shall fail to make his return as herein directed, to inform the Brigadier General commanding such Brigade, thereof; who shall thereupon lay the same before the Regimental Court of Enquiry, within the bounds of which such Brigade Inspector shall reside ; and it shall be the duty of such court, to direct that notice be given to him to appear at the next succeeding Regimental Court of Enquiry; at which, if such notice has been given, the matter shall be determined as in other cases of delinquencies; which tines shall be col- lected and accounted for, as other fines. 5.9 96. All arms, ammunition and equipments of the Arms, &c.of Militia, shall be exempted from executions and dis-e^pnSfrom tresses at all times, and their persons from arrest ^j-j"^,,, and process in civil cases, while going to, continu- Their per- ing at, or returning from musters, and while in exempt from actual service. proce^!™1 97. The Militia of the City of Williamsburg, Miiitu'of City of Richmond, and Borough of Norfolk, shall 1*^™*- have their officers appointed, and be under the same monc'and rules and regulations as the different counties. officered', &c 98. The fines and penalties incurred by infants Fines incur- and apprentices, for the breach or neglect of their ^^y^anM duty in any particular service by law required of ces,bywhom them, shall be paid by the parent, guardian orpay* master. 99. It shall be lawful for the Colonels, and they colonels to are hereby required, to appoint a regimental staff, ^^"VtaST to consist of one Adjutant, one Quarter-master, one Pay-master, one Sergeant-major, and one Quar- ter-master Sergeant, one Surgeon, and one Surgeon's Mate ; and it shall be the duty of the Adjutant to Adjutant's attend the several Regimental and Battalion mus-peu^tion!0 ters, as also the meeting of the officers within his Regiment, to assist in the necessary training of the • Militia; and he shall receive for such service, such compensation as shall be adjudged and allowed by the Regimental Court of Enquiry, not exceeding six dollars for each day he shall attend the Regi- mental and Battalion musters and training of the officers of the said Regiment, to be paid by order of the commanding officer of the Regiment, out of the fines to be collected by virtue of this act. And sergeant ma- it shall also be the duty of the Sergeant-major to^rmspde^.anut3_ofoffi- ty; and, at all musters, the officers at their respec- tion iherewT tive stations, shall be diligent and careful in train- ing and instructing their men, and inspecting their arms, in noting delinquencies, and making report thereof as herein-after directed. persons about 115. If any person in the Militia, possessed of terdiTnaerKedPUD^c arms or accoutrements as aforesaid, shall be from militia about to remove out of the limits of the company nver'such6' to which he belongs, or, during such possession, ■rm* to their arrive at the age of forty-five years, or in any other good order, manner have a right to be discharged from Militia duty, every such person, before such removal, or before he shall be entitled to any such discharge, shall deliver to the officer commanding the compa- ny to which he belongs, in good order and unim 65 paired, such public arms or accoutrements, as may have been delivered to him ; and if any person so Duty of ex- possessed shall die, it shall be the duty of his ex- ofUp°^nSc* ecutors or administrators, executrix or administra-dyjn^posses- trix, to restore such arms or accoutrements, to the officer commanding the company to which his, or her testator, or intestate belonged; and for a failure penalty for therein, he or she shall be subject to the same fines sbur^Cdutf. and penalties, to which his or her testator, or intes- tate would have been subjected, and that whether he or she have assets in his or her hands or not. 116. And where any non-commissioned officer penalty on or private shall remove out of the limits of his ^^officer company district, without delivering to some com- JJ^j^JJ; missioned officer of the company, in which he stood out delivering enrolled, all arms and accoutrements in his posses-such arms* sion, belonging to the public, he shall forfeit and pay the sum of twenty dollars, to be recovered by war- rant or attachment, before any justice of the peace, for the use of the Commonwealth. 117. Every person, in whose possession public Prices at arms or accoutrements have been lost or destroyed, £mcs> g£ ,c contrary to law, shall make satisfaction to the J*"*^,, Commonwealth for the same, to be awarded by the be paid'for. Courts of Enquiry, at the following prices:—for a musket, twenty dollars ; for a ramrod, one dollar; for a bayonet, two dollars; for a cartouch box, two dollars ; for a pistol, five dollars; for a sword, ten dollars; for a pair of holsters, five dollars; and for a rifle, thirty dollars. 118. If any Militia-man, or other person, shall j^J)!™3" sell, buy or give away, any part of the public arms &JL Vcarry- or accoutrements, or carry the same out of the j,^™^ bounds of his Regiment, with intent to defraud the ^jment,^ Commonwealth, he shall be considered as guilty of ^defraud a misdemeanor, and being convicted thereof, at common- any time within five years, on information or in- dictment, in any county or superior court of law, shall be amerced in a sum not exceeding fifty dol- lars, and imprisoned for a term not exceeding twenty days, at the discretion of a jury. F 2 66 Duty of cap. 119. It shall be the duty of the commanding offi- ams'from601 cers of companies, from time to time, to inspect the time to time, public arms, and accoutrements in possession of the deiinquen- non-commissioned officers and privates of their aes' companies; and, where it shall appear to him that any such arms or accoutrements are not in the condition required by this act, it shall-be the duty of such officer to report the same as other delin- to proceed to quencies; and, if it shall at any time come to his enXzzied^or knowledge, that any one of his company has em- carried away, bezzled or disposed of his arms or accoutrements, or has removed out of the limits of his company, without delivering them up, as herein-before di- rected, in all such cases, it shall be his duty imme- diately to proceed by and under the authority of a warrant, according to law, issuing from any justice of the peace of the county or counties, where such arms or accoutrements, or any part thereof, are supposed to be, to regain possession of such arms or accoutrements, wherever the same may be found; Ami to bring and it shall moreover be the duty of such captain punUhmenL to proceed as is herein directed, to bring to pun- ishment, according to this act, every person offend- ing in the disposing, buying or concealing, such arms or accoutrements. ^"'and ccJo- 120, ^ sna^ ^e *'ie ^uty °^ *ne omcers comman- neis to attend ding Battalions, to attend the musters of each terTPinspect'" comPany within his Battalion,* at least once in arris, &c every year, for the purpose of reviewing such com- pany, inspecting its arms and accoutrements, and instructing it in the drill of the company. And it shall be the duty of the commandants of regiments, in like manner, to attend each muster in their re- spective Regiments, for the purpose of reviewing the same and inspecting their arms and accoutre- ments. penalties on 121. If any officer commanding a company, shall bmch rights and remedies, fines, penalties, forfeitures and proceedings, heretofore accrued, incurred or commenced, shall be and remain in the same state and condition as if this act had never been passed. 126. This act shall commence and be in force commence- from and after the first day of January eighteen w'n,• hundred and twenty. 63 AN ACT To reduce into one act, the several acts now in force, regulating impresses ; and the compensati- on to individuals, for property taken, or occupied for public uses. [Passed February 11, 1819.] Prohibition of L Be it enacted by the General Assembly, That, irittoutraieni ^ any on^cei*> soldier, commissary, quarter-master, authority, or other person, shall presume to take from any citizen or citizens of this Commonwealth, any part of their property by way of impress, unless it be by warrant from the Executive in case of actual in- vasion, or by the sheriff's or sergeants removing criminals, or in such other cases as are or shall be offender may expressly allowed bylaw, it shall be lawful for any ^"^'^Jjy magistrate in the county or corporation, where the anymagis offence is committed, upon information on oath, to eoumy'orcor-issue h'8 warrant for the immediate taking and safe poration. keeping of such offender or offenders, till they are delivered by due course of law ; and all officers of the militia are hereby enjoined to support the civil power in securing and bringing such offenders to justice, (a) . impressments 2. Whenever it shall be necessary to impress any ffoVother'tnan property for the use of the Com mon wealth, (for other miiitarv pur-than military purposes,*) it shall be the duty of the be made.0"t0 officpr or person who impresses the same, to apply to a justice of the peace of the county wherein the property shall be impressed, who shall cause the Appraisers to same to be appraised by two disinterested respect- certifi'cate'Vfable house-keepers, sworn for that purpose, and if it property lost s\m\\ s0 happen, that the property so impressed is or destroyed " . , , . ., ^ . /.',. r. in public ser-totally destroyed or lost in the service of this Com- v,ce" monwealth, so that the same cannot be returned to the owner, the officer, or person who impressed the blw^aTd!!0Wt0 property, shall so certify : upon the owner produ- (a) Nov. 1781, c. 36—edi. 1794,1803 and 1814, c. 121, § 1. * The words within the parenthesis, inserted at the rcvisal of 1818. 69 cing such appraisement, and certificate, the audi- ditor of public accounts is hereby authorised and required, to issue a warrant for the amount of the appraisement, on the treasurer, who is directed to pay the same out of any monies in the treasury. Should the property impressed as aforesaid, be res- Remedy tored to the owner, and he should conceive it had t" X'r£°w\- been injured in the service of the Commonwealth,1"1* il,Jured< he may, within five days thereafter, call on the same second vaiu- persons who first valued the said property, if to be auon' found, who shall be sworn to determine the value of such property at the time the same was restored to the owner ; otherwise, any justice in the county where the property was impressed, may cause two house-keepers to value the same upon oath, as afore- said. The justice or justices, as the case may be, certificate shall certify to the auditor of public accounts, such ,hereof- first and second valuation, with their true date, and the time such property has been restored; who Difference of shall, if the second valuation amount to a less sum toaoUwiien*We than the first, issue a warrant for the difference, to be paid out of any money in the treasury : Provi- Proviso, as to ded, nevertheless, Th&t in all second valuations, the propert*' hire of such property shall be taken into consider- ation by the appraisers. If it shall appear that such Damages re- property has been injured by the officer or person thTcommon- who impressed it, or any other person, whereby the *e*lnth,h- Commonwealth has sustained an injury, it shall and who did, the may be lawful for any attorney, prosecuting on be-}Jow.ry; and "half of this Commonwealth, where such person re- sides, to recover the said damages, upon motion, be- fore any court of record within the Commonwealth, ten days notice thereof having been previously giv- en ; but such person may, if required, have such mo- Trial by jury tion tried by a jury, provided he will not delay theinsU(: case' trial.(b) ' Should the property impressed as afore- compemati- • said, be restored to the owner without having been ?„" use ofd 'injured in the service of the Commonwealth, thePlb^per'/' 'owner shall be entitled to demand and receive ed uninjured. 'compensation for the use thereof, which compen- (£) 1806, c. 16, § 1, 2—Edi. 1808, c. 95, § 1, 2. :o ' sation shall be in like manner ascertained, certi- ' lied and paid, as is herein-above provided, in case ' of injury done to impressed property in the public * service.' compensate 3- "Whenever the fields, woods or other real pro- '!".f"r'":'"" perty of any person shall be injured, in con.-cquence property,oc- of the occupation thereof by the militia, or other uoops innate troops, in actual service of this State, such person service; how shall receive a reasonable compensation forlhein- persons apl jury, to be ascertained as follows : one discreet per- leche dam-" son» being a freeholder, shall be appointed on the age done. part of the Commonwealth, by the commanding officer of the corps, or on his failure to do so, by the quarter-master general, or some other officer authorised by him; and one other discreet person, being a freeholder, in no manner interested in the question, to be submitted to him, and in no wise connected with the person appointing him, shall be chosen by the person whose property is injured. The two persons so chosen shall appoint a third freeholder, in like manner disinterested and un- connected. The persons so chosen shall take an oath, faithfully and impartially to discharge their duty, which shall be certified to the following effect, that is to say: County, to wit: oath to be ta- 7", A. B. justice of the peace for county, ken- do hereby certify, that C. IKE. F., and G. I J., the persons chosen to assess the damages sustained by J. IC, in consequence of the occupation of his real property in the county of viz: (here insert the description of the property,) by troops in the service of the State of Virginia, under the command of have this day made oath before me, that they will well and truly, and with- out partiality, according to the best of their skill and judgment, assess the damages sustained by the said J. K., in consequence of such occupation. Given under my hand, this day of A. B. Their doty. The persons thus chosen and qualified, shall go upon the property so allcdged to be injured, arid 71 upon their own view, and upon such other evidence as may be ottered them, shall ascertain as nearly as they can, the damage really sustained, and grant a certificate thereof, to the following effect: We C. 1)., E. F., and G. II., chosen on behalf 0/certificate by the Commonwealth, and on behalf of J. IC, to assess them• the damages sustained by the said J. IC, in conse- quence of the occupation of his real property, in the county of viz: (here insert a des- cription of the property,) by certain troops in the service of the State of Virginia, commanded by , do hereby certify, that after being * duly sworn, as will appear by the annexed certifi- cate, we went on the property aforesaid, and after viewing the same, have ascertained the damage really sustained by the said J. IC, to be , according to the best of our skill and judgment. Given under our hands, this day of C. D. E. F. G. II. If the persons so chosen should not be able to a-provision, in gree, others may be chosen in the same way. Any ^teatgr7e.d° certificate granted, as aforesaid, accompanied by the sum assessed certificate of the oath aforesaid, and certificates ofhow 1>a>a the proper appointment of the persons in pursu- ance of this act, shall entitle the person, in whose favor it is granted, to receive the amount thereby ascertained, out of any money appropriated to mi- litary purposes, to be paid in the manner in which the Executive shall direct.(c) 4. Any officer, having the command of any impresses a... corps or detachment of militia, or other troops, in ^"'^VrSo'iw the actual service of the State, when he shall be in actual seV- unable to procure for them supplies of transporta-VlC" tion, fuel, forage, rations, camp equipage or artille- ry horses, by contract, or by other means provided by law, shall be authorised to impress, for the \< 1 of such corps or detachment, so much transporta- tion, fuel, forage, rations, or camp equipage, and so [c) 1814, c. 5. § 27. many horses for temporary service in the artillery, as may be indispensible for the use of the said certificate by corps ; and to grant a certificate thereof, and of theofflcerim the value to the person to whom it may be belong, PravMonin or his agent. And if such person shall be dissar favor of own- tistied with the value so certified, and refuse to ac- ned with'iuch cept the certificate, he may cause the value thereof certificate, to be ascertained, in the manner provided in the. preceding section for the assessment of damage to real property. And the certificate so obtained, either from the commanding officer, or from the persons so chosen, shall be paid in the manner Provisoes to above prescribed : Provided, That in ascertaining hireofandin-the value of any waggons and teams, and other •rticieimim- things, impressed for transportation, and of artille- pressed. ry horses impressed for temporary service, not only their value, but their reasonable hire per day, shall also be ascertained ; and if they are returned to the owner, such reasonable hire only for the time that they are detained from him, together with a reasonable compensation for any injury done them, to be ascertained in like manner, shall be paid to him.(ef) Horsesforuse 5. Any person authorised to send expresses to rnrtmewT*' the Executive, or militia, in time of war, invasion whonfand7 or insurrection, or when there shall be imminent how to be im-danger of invasion or insurre«tion, shall be autho- rised, when horses cannot otherwise be procured therefor, to impress, and by written authority under his hand, to empower the express employed by liiirj,-- *. to impress, so many as may be essentially neces^. sary; the value and hire of which shall be ascer» tained, and paid for, in the manner above provided Repealing m cases of other impressed horses. Any law au- ciause. thorising the impressment of the means of trans- portation, or of camp equip.'.ge, in any other man- ner than is hereby provided for, shall be, and the ?;me is hereby repealed, (e) Farther re- 6. All and every act and acts, clause and clauses p**1- of acts, containing any thing within the purview of. (d) 1814, c. 5. § 2S. (e) 1814, c. 5. §2 in relation to such tines, allowed by the militia fines, respective courts of enquiry, to the auditor of public accounts, within eighteen months after such fines shall have been payable into the treasury ; and no list of insolvents, not returned within that period, shall be allowed by the auditor in his settlement be veJIfied^ w**n sucn s'ier^* or collector. Nor shall any such oath or" affir- list hereafter returned to any court of enquiry be matron. allowed by the auditor, unless the same shall be ve- rified by the oath or affirmation of the sheriff or other collector made and certified at the foot there- of, to the following effect: County, sc: Form thereof. This day, A. B., sheriff (or deputy sheriff or col- lector) for the county of , made oath (or affirmation) before me, a justice of the peace for said county, that the foregoing list of delinquents in the militia fines he verily believes is correct and true ; that he has used due diligence for the collec- tion of the fines in the said list mentioned, and hath not collected any part thereof. Given under my hand this day of . ('. D. certificate Nor shall any such list be allowed'by the auditor, enquiry unless, after it shall have been so verified, the court of enquiry shall certify that they believe the same to be correct, and that it ought to be allowed. claims, when 3. All claims upon the militia fine fund, which edattCtrea-shall not be paid by the sheriff or other collector, »l|0' and which shall be payable out of the public trea- sury, shall be presented within two years after the same shall have been allowed by the respective courts of enquiry; and the auditor of public ac- counts shall not be authorised to issue his warrant for any such claim, which shall not be so presented for payment before the said period of two years shall have elapsed. Publication 4. This act shall be published and distributed ti"n u-'ti.is1' by the executive, together with tiie act to which it 75 is amendatory; and one copy of the laws so to be published, shall.be furnished to each court of enqui- ry to be kept and preserved by the clerk thereof. 5. This act shall be in force from and after the commence passing thereof. ment• AN ACT More effectually to provide for the National Defence by establishing an Uniform Militia throughout the United States. 1. Be it enacted by the Senate and House of Re- Militia, how presentatives of the United States of America, in ""^n^n™ Congress assembled, That each and every free able- bodied white male-citizen of the respective States, resident therein, who is or shall be at the age of eighteen years, and under the age of forty-five years, (except as is herein after excepted) shall se- verally and respectively be enrolled in the militia by the captain or commanding officer of the com- pany, within whose bounds such citizen shall re- side, and that within twelve months after the pas- sing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enroll every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years (except as before excepted) shall come to reside within his bounds ; and shall with- out delay notify such citizen of the said enroll- ment, by a proper non-commissioned officer of the company, by whom such notice may be proved.— That every citizen so enrolled and notified, shall within six months thereafter, provide himself with How t0be a good musket or firelock, a sufficient bayonet and armed and belt, two spare flints, and a knapsack, a pouch withac< 76 a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or fire- lock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder ; and shall appear so armed, accoutred and provided, when called out to exercise, or into ser- vice, except, that when called out on company-days to exercise only, he may appear without a knap- seeact2d sack. That the commissioned officers shall sever- ' ally be armed with a sword or hanger and espon- toon, and that from and after five years from the passing of this act, all muskets for arming the mi- litia as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled and providing himself with the arms, ammunition and accoutrements re- Jjuired, as aforesaid, shall hpid the same exempted rom all suits, distresses, executions or sales, for debt or for the payment of taxes. Executive q. jnd fa it further enacted, That the Vice-Pre- -empted, sident of the United States ; the officers, judicial and executive of the government of the United States ; the members of both houses of Congress, and their respective officers ; all custom-house offi- cers with their clerks; all post-officers, and stage- drivers, who are employed in the care and convey- ance of the mail of the post-office of the United States ; all ferrymen employed at any ferry on the post-road ; all inspectors of exports; all pilots; all mariners actually employed in the sea-service of any citizen or merchant within the United States; and all persons who now are or may hereafter be exempted by the laws of the respective States, shall be, and are hereby exempted from militia du- ty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. Miiitia,how S. And be it further enacted, That within one ^nS**" year after the passing of this act, the militia of the respective States shall be arranged into divisions, brigades, regiments, battalions and companies, as 77 the legislature of each State shall direct; and each division, brigade and regiment, shall be numbered at the formation thereof; and a record made of such numbers in the adjutant-general's office in the State ; and when in the field, or in service in the State, each division, brigade, and regiment shall, respectively, take rank according to their numbers, reckoning the first or lowest number highest irf rank. That if the same be convenient, each brigade shall consist of four regiments ; each regiment of two battalions ; each battalion of five companies; each company of sixty-four privates. That the said militia shall be officered by the res- by wham offi- pective States, as follows : To each division, onecered* major-general and two aids-de-camp, with the rank of major; to each brigade, one brigadier-general, with one brigade-inspector, to serve also as brigade- major, with the rank of a major; to each regiment, one lieutenant-colonel commandant; and to each battalion one major; to each company one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer and one fifer or bugler.— That there shall be a regimental staff, to consist of For additional one adjutant and one quarter-master, to rank as "^"j^a, lieutenants; one pay-master, one surgeon, and one "03. surgeon's mate; one sergeant-major; one drum- major, and one fife-major. 4. And be it further enacted, That out of the militia enrolled, as is herein directed, there shall be formed for each battalion at least one company of grenadiers, light infantry or riflemen; and that Each battaii- to each division, there shall be at least one compa-°net0 have ny of artillery, and one troop of horse : there shall of grenadiers, be to each company of artillery, one captain, two compandor lieutenants, four sergeants, four corporals, six gun-artiUery- ners, six bombardiers, one drummer and one fifer. The officers to be armed with a sword or hanger, a officers how fusee, bayonet and belt, with a cartridge box totobearmed' contain twelve cartridges ; and each private or ma- trass shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be to Troops of J r n horse how a 2 78 officered, &c. each troop of horse, one captain, two lieutenants, one comet, four sergeants, four corporals, one sad- dler, one farrier, and one trumpeter. The commis- sioned officers to furnish themselves with good horses, of at least fourteen hands and an half high, and to be armed with a sword, and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a ser- viceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail-pillion and valise, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch-box, to contain twelve cartridges for pis- Artiiiery and tols. That each company of artillery and troop of whonVtobe horse shall be formed of volunteers from the bri- ic.med; gade, at the discretion of the commander in chief of the State, not exceeding one company of each to a regiment, nor more in number than one ele- f" mi ""lad venth part of the infantry, and shall be uniformly at their own cloathed in regimentals, to be furnished at their r\ptme. Qwn eXpense . the colour and fashion to be deter- mined by the brigadier commanding the brigade to which they belong. what colors, 5. And be it further enacted, That each battalion whomntobbe and regiment shall be provided with the State and furnished, regimental colors by the field officers, and each company with a drum and fife-or bugle-horn, by the commissioned officers of the company in such man- ner as the legislature of the respective States shall direct. Adjutant gen- 6. And be it further enacted, That there shall swte'hisdmy.De an adjutant-general appointed in each State, whose duty it shall be to distribute all orders from the commander in chief of the State to the several corps; to attend all public reviews when the com- mander in chief of the State shall review the mili- tia, or any part thereof; to obey all orders from him relative to carrying into execution and perfecti ing the system of military discipline established by this act; to furnish blank forms of different returns that may be required, and to explain the principles on which they should be made; to receive from the 79 several officers of the different corps throughout the State, returns of the militia under their com- mand, reporting the actual situation of their arms, accoutrements and ammunition, their delinquencies and every other thing which relates to the general advancement of good order and discipline: All which the several officers of the divisions, brigades, regiments and battalions, are hereby required to make in the usual manner, so that the said adjutant- general may be duly furnished therewith: From all which returns, he shall make proper abstracts, and lay the same annually before the commander in chief of the State. 7th Section—obsolete. 8. And be it further enacted, That all commissi- officers how oned officers shall take rank according to the datet0 take v*uk' of their commissions; and when two of the same grade bear an equal date, then their rank to be de- termined by lot, to be drawn by them before the commanding officer of the brigade, regiment, batta- lion, company or detachment. 9. And be it further enacted, That if any per- Pl.ovis.on Jn son, whether officer or soldier, belonging to the mi- «* °f &c< litia of any State, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense. 10. And be it further enacted, That it shall be Brieve ;„_ the duty of the brijade inspector, to^ttend the re- ^ectors gimentai and battalion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutrements; superintend their exercise, and manoeuvres, and introduce the system of military discipline throughout the brigade, agree- able to law, and such orders as they shall, from time to time, receive from the commander in chief of the State ; to make returns to the adjutant gen- eral of the State, at least once in ever; year, of the militia of the brigade to which he belongs, report- ing therein the actual situation of the arms, accou- trements and ammunition of the several corps, and 80 privileges. every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline ; and the ad- jutant general shall make a return of all the mili- tia of the State, to the commander in chief of the said State, and a duplicate of the same to the Pre- sident of the United States. Artillery, &c And whereas sundry corps of artillery, cavalry now existing, an(j infantry, now exist in several of the said States, which by the laws, customs or usages there- of have not been incorporated with, or subject to the general regulations of the militia: w!ri£l,,e!neir 11. Be it further enacted, That such corps re- tain their accustomed privileges, subject, neverthe- less, to all other duties required by this act in like manner with the other militia. [Approved, May 8, 1792.] AN ACT To regulate the pay of the non-commissioned officers, musiciayis and privates of the Militia of the Uni- ted States, when called into actual service, ant} for other purposes. Monthly pay ' • Beit enacted by the Senate and House of Re- tt; non-com- presentatives of the United States of America, in officers,'&c. Congress assembled, That from and after the pas- sing of this act, the allowance of bounty, clothing and pay to the non-commissioned officers, musicians and privates of the infantry, artillery and cavalry of the militia of the United States, when called into actual service, shall be at the rate per month, as follows: Each sergeant-major and quarter-master sergeant, nine dollars; each drum and fife-major, eight dollars and thirty-three cents; each sergeant, eight dollars ; each corporal, drummer, fifer and trumpeter, seven dollars and thirty-three cents; 81 each farrier, saddler and artificer, (included as a private,) eight dollars; each gunner, bombardier, and private, six dollars and sixty-six cents. 2. And be it further enacted, That in addition to certain »n . . i • i f i stoned otn- missioned officers, musicians, and privates ot volun- em, musi- teer and militia corps, who, subsequent to the thir- J,1™* ^fH1' ty first day of December, one thousand eight hun- lunteer and dred and twelve, shall have been or may hereafter"ntitieVtothe be called out, while in the service of the United p3™^"^ States, shall, during the continuance of the present and'forage,' war between the United Kingdom of Great Britain of ttearmyof and Ireland, and the dependencies thereof, and the ^united United States of America, and their territories, be entitled to and receive the same monthly pay, rati- ons, and forage, and furnished with the same camp equipage as are or may be provided by law for the non-commissioned officers, musicians, and privates of the army of the United States. [Approved February 2, 1813.] AN ACT To provide for the widows and orphans of Militia slain, and for Miiitia disabled in the service of the United States. 1. Be it enacted by the Senate and House of Re- Repiesema- presentatives of the United States of America, in teeVormUitiii Congress assembled, That if any commissioned ^^"suer. officer of the militia, or of any volunteer corps, vice, entitled shall, while in the service of the United States, die ftve'year". or by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; but in case of the death or inter- marriage of such widow, before the expiration of the said term of five years, the half pay for the 88 1'ioviso. Officers, noti- ci'mmissioned vice, placed on pension list. Proviso. remainder of the time shall go to the child or chil- dren of such deceased officer: Provided always, That such half pay shall cease on the death of such child or children. 2. And be it further enacted, That if any officer, ieu • j a- . . • ,• ifficers, musi-non-commissioned officer, musician or private ol vates'disa^itd tne militia, or of any volunteer corps, shall be dis- iu actual ser-abled by known wounds received in the actual ser- vice of the United States, while in the line of his duty, he shall, upon substantiating his claim in the manner described by an act, entitled " An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed the tenth day of April, one thousand eight hundred and six, be placed on the list of invalids of the Uni- ted States, at such rate of pension, and under such regulations as are provided by the said act, or as may hereafter be provided by law: Provided al- ways, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer shall not exceed for the highest rate of disability half the monthly pay of such officer at the time of his being wounded or disabled, and that no officer shall receive more than the half pay of a lieutenant co- lonel ; and that the rate ot compensation to non- commissioned officers, musicians and privates, shall not exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the persons so disabled, to receive an allowance pro- portionate to the highest disability. 3. And be it further enacted, That the provisions of this act shall be construed to have effect from and after the eighteenth day of June, one thousand eight hundred and twelve. 4. And be it further enacted, That the sixth sec- tion of an act, entitled " An act authorising the President of the United States to accept and or- ganize certain volunteer military corps," passed the sixth day of February, one thousand eight hun- dred and twelve, be and the same is hereby repealed. [Approved August 2, 1813.] Troviso. Commence- ment of this act. Repeal of part , 1792, as the act of Congress, approved the eighth of May, BaroBSdTthe°ne thousand seven hundred and ninety-two, as fuT-gwId dis-aPProves and establishes the rules and discipline ripime, re- of the Baron De Steuben, and requires them to be peaied. observed by the militia throughout the United States, be, and the same is hereby, repealed. [Approved May 12,1820.] * The system which will be observed in the militia under this act, is entitled " Rules and regulations for the United States'1 In- fantry,"—Compiled by a board of officers of which Major Ge- neral Winfield Scott was president. 93 ARTICLES OF WAR. [1806.] AN ACT For establishing rules and articles for the govern- ment of the armies of the United States. Bi it enacted by the Senate and House of Repre- sentatives of the United States of America in Con- gress assembled, That, from and after the passing of this act the following shall be the rules and ar- ticles by which the armies of the United States shall be governed. Art. 1. Every officer, now in the army of the™^ United States, shall, in six months from the passing these rules. of this act, and every officer who shall hereafter be appointed, shall, before he enters on the duties of his office, subscribe these rules and regulations. Art. 2. It is earnestly recommended to all offi-^h™ cers and soldiers diligently to attend divine ser- worship. vice ; and all officers who shall behave indecently or irreverently, at any place of divine worship, shall, if commissioned officers, be brought before a gene- ral court martial, there to be publicly and severely reprimanded by the president; if non-commissioned officers or soldiers, every person, so offending, shall for his first offence, forfeit one-sixth of a dollar, to be deducted out of his next pay; for the second of- fence, he shall not only forfeit a like sum, but be confined twenty four hours ; and for every like of- fence, shall suffer and pay in like manner; which money, so forfeited, shall be applied by the captain or senior officer of the troop or company, to the use ef the sick soldiers of the company or troop to which the offender belongs. Art. 3. Any non-commissioned officer or soldier Profaneoaths. who shall use any profane oath or execration, shall 94 incur the penalties expressed in the foregoing arti- cle ; and a commissioned officer shall forfeit and pay for each and every such offence, one dollar, to be applied as in the preceding article. chaplain ab- Art. 4. Every chaplain, commissioned in the army seu-fvomhi$ or armies of the United States, who shall absent duties. himself from the duties assigned him (excepting in cases of sickness or leaye of absence,) shall, on con- viction thereof before a court martial, be fined not exceeding one'month's pay, besides the loss of his pay during his absence; or be discharged, as the said court martial shall judge proper. wordsTa-™ ^r*" 5' ^n*v omcer 0I' Sl>ldier who shall use con- the president, ternptuous or disrespectful words against the Presi- fteteTgisi^ dent of the United States, against the Vice Presi- tures. dent thereof, against the Congress of the United States, or against the Chief Magistrate or Legisla- ture of any of the United States, in which he may be quartered, if a commissioned officer, shall be cashiered, or otherwise punished, as a court martial shall direct; if a non-commissioned officer or sol- dier, he shall suffer such punishment as shall be inflicted on him by the sentence of a court martial. Disrespect of Art. 6. Any officer or soldier who shall behave c^nmanding j1jmse|f w\^ fontempt or disrespect towards his commanding officer, shall be punished according to the nature of his offence by the judgment of a court martial. Mutiny Art. 7. Any officer or soldier who shall begin, excite, cause, or join in any mutiny or sedition, in any troop or company in the service of the United States, or in any party, post, detachment or guard, shall suffer death, or such other punishment as by a court martial shall be inflicted. Knowiedgeof Art. 8. Any officer, non-commissioned officer, or tinv.nded mu soldier, who, being present at any mutiny or sedi- tion, does not use his utmost endeavor to suppress the same, or coming: to the knowledge of any in- tended mutiny, does not, without delay, give infor- inatior thereof to his commanding officer, shall be punished by the sentence of a court martial with death, or otherwise, according to the nature of his offence. 95 Art. 9. Any officer or soldier who shall strike his striking or superior officer, or draw or lift up any weapon, or J^C', offer any violence against him* being in the execu- tion of his office, on any pretence whatsoever; or shall disobey any lawful command of his superior officer, shall suffer death, or such other punishment as shall, according to the nature of his offence, be inflicted upon* him by the sentence of a court mar- tial. Art. 10.^ Every non-commissioned officer or sol-Thwewticies dier who shall enlist himself in the service of the recruits. United States, shall, at the time of his so enlisting, or within six days afterwards, have the articles for the government of the armies of the United States, read to-him, and shall, by the officer who enlisted him, or by the commanding officer of the troop or company into which he was enlisted, be taken be- fore the next justice of the peace, or chief magis- trate of any city or town corporate, not being an officer of the army, or where recourse cannot be had to the civil magistrate, before the judge advo- cate, and in his presence, shall take the following oath or affirmation : I, A. B. do solemnly swear oi* raruitfthe affirm, (as the case may be,) that I will bear true allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies or opposers whatsoever, and observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles for the go- vernment of the armies of the United States : Which justice, magistrate, or judge advocate, is to give the officer a certificate, signifying that the man enlisted did take the said oath or affirmation. Art. 11. After a non-commissioned officer or sol- Discharge of dier shall have been duly enlisted and sworn, he ^led^Xwi shall not be dismissed the service without a dis-ai»i soldiers. charge in writing; and no discharge granted to him shall be sufficient which is not signed by a field officer of the regiment to which he belongs, or com- manding officer where no field officer of the regi- ment is present; and no discharge shall be gjven 96 to a non-commissioned officer or soldier, before his term of service has expired, but by order of the President, the secretary of war, the commanding officer of a department, or the sentence of a gene- Discharge of ral court martial; nor shall a commissioned officer be discharged the service, but by. order of the Pre- sident of the United States, or by sentence of a general court martial. Lu^l>™-,.° Art« 12« Every colonel, or other officer, comman- non-commis- ,. ■» * sioned officers ding a regiment, troop or company, and actually and soldiers, quartered with it, may give furloughs to non-com- missioned officers or soldiers, in such numbers, and for so long a time as he shall judge to be most con- sistent with the good of the service ; and a captain or other inferior officer, commanding a troop or company, or in any garrison, fort, or barrack of the United States, (his field officer being absent,) may give furloughs to non-commissioned officers or sol- diers, for a time not exceeding twenty days in six months, but not to more than two persons to be ab- sent at the same time, excepting some extraordi- nary occasion should require it. certificate re- Art. 13. At every muster the commanding offi- specting those - . . J . ° who are ab- cer of each regiment, troop or company there pre- of1 mutter.6 sen*» snai^ give *° t-ne commissary of musters, or other officer who musters the said regiment, troop or company, certificates signed by himself signify- ing how long such officers, as shall not appear at the said muster, have been absent, and the reason of their absence. In like maimer, the commanding officer of every troop or company, shall give certi- ficates, signifying the reasons of the absence of the non-commissioned officers and private soldiers, which reasons, and time of absence, shall be inser- ted in the muster rolls, opposite the name of the respective absent officers and soldiers. The certi- ficate shall together with the muster rolls, be remit- ted by the commissary of musters, or other officer mustering, to the department of war, as speedily as the distance of the place will admit. raise certifi- Art. 14. Every officer who shall be convicted, be- u^bSraee's. fore a general court martial, of having signed a 97 false certificate, relating to the absence of either offi- cer or private soldier, or relative to his or their pay, shall be cashiered. Art. 15. Every officer who shall knowi.ijly make False musters. a false muster of man or horse, and every officer or commissary of musters, who shall willingly sign, direct or allow the signing of muster rolls, wherein such false muster is contained, shall, upon proof made thereof by two witnesses, before a gen- eral court martial, be cashiered, and shall be thereby utterly disabled to have or to hold any office or em- ployment in the service of the United States. Art. 16. Any commissary of musters, or other Mustenn| of- officer, who shall be convicted of having taken mo- rm/any thing ney or other thing, by way of gratification, on mus- g^ficatfon. tering any regiment, troop or company, or on sign- ing muster rolls, shall be displaced from his office, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States. Art. 17. Any officer who shall presume to mus-Mustering ter a person as a soldier, who is not a solilier, ""{^Mer. shall be deemed guilty of having made a false mus- ter, and shall suffer accordingly. Art. 18. Every officer who shall knowingly make False returns a false return to the department of war, or to any of his superior officers, authorised to call for such returns, of the state of the regiment, troop or com- pany, or garrison under his command ; or of the arms, ammunition, clothing or other stores there unto belonging, shall on conviction thereof before a court martial, be cashiered. Art. 19. The commanding officer of every regi- Monthly re- , • . i P J • ° turns to be ment, troop or independent company, or garrison madc of the United States, shall in the beginning of every month, remit through the proper channels, to the de- partment of war, an exact return of the regiment, troop, independent company or garrison, under his command, specifying the names of the officers then absent from their posts, with the reasons for, and the time of their absence. And any officer who shall be convicted of having, through neglect o~ 98 design, omitted sending such returns, shall be pun- ished according to the nature of his crime, by the judgment of a general court martial. •Desertion. Art. 20. All officers and soldiers, who have re- ceived pay, or have been only inlisted in the ser- vice of the United States, and shall be convicted of having deserted the same, shall suffer death, or such other punishment as by sentence of a court martial shall be inflicted. Ahseivewith- Art. 21. Any non-commissioned officer or sol- dier, who shall, without leave from his commanding officer, absent himself from his troop, company or detachment, shall, upon being convicted thereof, be punished according to the nature of his offence, at the discretion of a court martial. no person Art. 22. No non-commissioned officer or soldier, nithouiTfirst shall inlist himself in any other regiment, troop or rlruiardis- company, without a regular discharge from the re- charge, giment, troop or company, in; which he last served, on the penalty of being reputed a deserter, and suffering accordingly. And in case any officer shall knowingly receive and entertain such non-commis- sioned officer or soldier, or shall not, after his being discovered to be a deserter, immediately confine him and give notice thereof to the corps in which he last served, the said officer shall, by a court mar- tial, be cashiered. Advising de- Art. 23. Any officer or soldier who shall be con- victed of having advised or persuaded any other officer or soldier to desert the service of the United States, shall suffer death, or such other punishment as snail be inflicted upon him by the sentence of a court martial. Reproachful Art. 24. No officer or soldier shall use any re- SJ,e" proachful or provoking speeches or gestures to an- other, upon pain, if an officer, of being put in arrest; if a soldier, confined, and of asking pardon of the party offended, in the presence of his commanding officer. Duelling. Art. 25. No officer or soldier shall send a chal- lenge to another officer or soldier, to fight a duel, or accept a challenge, if sent, upon pain, if a com- 99 missioned officer, of being cashiered ; if a non-com- missioned officer or soldier, of suffering corporeal punishment, at the discretion of a court martial. Art. 26. If any commissioned, or non-commis- officers com- sioned officer commanding a guard, shall knowingly gu*,"d"fuffiT- or willingly suffer any person whatsoever to go forth '"g^_:t"0J"t0 to fight a duel, he shall be punished as a challen-n^ht,mid also ger; and all seconds, promoters and carriers of^^'p".,^ challenges, in order to duels, shall be deemed prin-eu>als- cipals, and punished accordingly. And it shall commanding i_ xi 1 j. c ir? l- _ officer to ar- be the duty ot every officer, commanding an army, ^st ail per- regiment, company, post or detachment, who is ^'gj^"^'^ knowing to a challenge being given or accepted by any officer, non-commissioned officer or soldier, under his command, or has reason to believe the same to be the case, immediately to arrest and bring to trial such offenders. Art. 27. All officers, of what condition soever, aii officers t« have power to part and quell all quarrels, frays and guarrtis and disorders, though the persons concerned should be- "»s0lders' long to another regiment, troop or company; and either to order officers into arrest, or non-commis- sioned officers or soldiers into confinement, until their proper superior officers shall be acquainted therewith ; and whosoever shall refuse to obey such officer, (though of an inferior rank,) or shall draw his sword upon him, shail be punished at the discretion of a general court martial. Art. 28. Any officer or soldier, who shall upbraid officer or »oi- another for refusing a challenge, shall himself be i,'"fl',',o(iVer punished as a challenger, and all officers and sol- f"^'"^"^'0 diers are hereby discharged from any disgrace or punished as» opinion of disadvantage, which might arise from their u'etr" having refused to accept of challenges, as they will only have acted in obedience to the laws, and done their duty as good soldiers, who subject themselves to discipline. « Art. 29. No suttler shall be permitted to sell any M^^p-^ kind of liquors or victuals, or to keep their houses m*",!*'!,'^1'* or shops open for the entertainment of soldiers,t,,IH;s- after nine at night, or before the beating of the re- veilles, or upon Sundays, during divine service or 100 sermon, on the penalty of being dismissed from all future suttling. ^Tod'arti- ^rt* 30* officers commanding; in the field, oie», ai.d at forts, barracks, or garrisons of the United States, pricen.able are hereby required to see that the persons permit- ted to suttle, shall supply the soldiers with good and wholesome provisions, or other articles, at a reasonable price, as they shall be answerable for their neglect. make"?^ ^r*' **** ^° oun'_0,n;_- general commanding in the state or territory where S.'nc gt such regiment shall be stationed, in order to obtain justice; who is hereby required to examine into the said complaint, and take proper measures for redressing the wrong complained of, and transmit, as soon as possible, to the Department of War, a true state of such complaint, with the proceedings had thereon. Art. 35. If any inferior officer or soldier, shall complaints think himself wronged by his captain, or other offi-f^S^ves cer, he is to complain thereof to the commanding J?™^^*; officer of the regiment, who is hereby required to by regimental summon a regimental court martial, for the doin°; J_X'S raai" justice to the complainant; from which regimental court martial either party may, if he thinks him- self still aggrieved, appeal to a general court mar- tial. But if, upon a second hearing, the appeal shall appear vexatious and groundless, the person so appealing, shall be punished at the discretion of the said court martial. Art. 36. Any commissioned officer, store-keep- Embczzie- .ciii. v^v.. *m..j % i ment, waste, er, or commissary, who shall be convicted at a gen- or neglect of eral court martial, of having sold, without a proper gj° p™- i 2 102 order for that purpose, embezzled, misapplied, or wilfully, or through neglect, suffered any of the provisions, forage, arms, clothing, ammunition or other military stores, belonging to the United States to be spoiled or damaged, shall, at his own expense, make good the loss or damage, and shall, moreover, forfeit all his pay, and be dismissed from the ser- vice. ^^« or Art. 37. Any non-commissioned officer or sol- munition, dier, who shall be convicted at a regimental court martial, of having sold, or designedly, or through neglect, wasted the ammunition delivered out to him, to be employed in the service of the United States, shall be punished at the discretion of such court. dama,OSo'f°r ^r** *^' Every non-commissioned officer or sol- horse, arms, dier, who shall be convicted before a court martial necou"re'-*r °f having sold, lost or spoiled, through neglect, his ments. horse, arms, clothes, or accoutrements, shall under- go such weekly stoppages (not exceeding the half of his pay) as such court martial shall judge suffi- cient, for repairing the loss or damage; and shall suffer confinement, or such other corporeal punish- ment as his crime shall deserve. Embezzle. Art. 39. Every officer who shall be convicted application of before a court martial, of having embezzled, or pobhcmo- misapplied, any money with which he may have been entrusted, for the payment of the men under his command, or for enlisting men into the service, or for other purposes, if a commissioned officer, shall be cashiered, and compelled to refund the money-; if a non-commissioned officer, shall be re- duced to the ranks, be put under stoppages until the money be made good, and suffer such corporeal punishment as such court martial shall direct. captains of Art. 40. Every captain of a troop, or company, companies ac- . , , .,, ,*i * ' . r J. countable for is charged with the arms, accoutrements, ammuni- ofetnei>s'cwn-t,on> clothing, or other warlike stores, belonging to Tjanici. the troop or company under his command, which he is to be .accountable for to his colonel, in case of their being lost, spoiled, or damaged, not by una- voidable accidents, or oq actual service. 103 Art. 41. All non-commissioned officers and sol- Non-comrnis- diers who shall be found one mile from the camp, 8nd toiuVrs" without leave in writing, from their commanding r°unu 1)niUe officer, shall suffer such punishment as shall be in- whhVuTwr'it- flicted upon them by the sentence of a court mar- !;j0,11pi'rnm" tial. Art. 42. No officer or soldier shall lie out of his no officer or quarters, garrison, or camp, without leave'from his out of hu "" superior officer, upon penalty of being punished JJufieaTer'*' according to the nature of his offence, by the sen- tence of a court martial. Art. 43. Every non-commissioned officer and Non-commis- soldier shall retire to his quarters or tent, at the "«" adders" beating of the retreat; in default of which he shall J^'^"-,^ be punished according to the nature of his offence. * Art. 44. No officer, non-commissioned officer, or officers or sol- soldier, shall fail in repairing, at the time fixed, to f^J^j^ the place of parade, of exercise, or other rendez-on in.lm,t'or vous, appointed by his commanding officer, if not quitting'the prevented by sickness, or some other evident ne- J^. wltllom cessity; or shall go from the said place of rendez- vous, without leave from his commanding officer, before he shall be regularly dismissed or relieved, on the penalty of being punished according to the nature, of his offence by the sentence of a court martial. Art. 45. Any commissioned officer who shall be ^""fnnc" found drunk, on his guard, party, or other duty, shall be cashiered. Any non-commissioned officer or soldier so offending, shall suffer such corporeal punishment as shall be inflicted by the sentence of a court martial. Art. 46. Any centinel who shall be found sleep-sleeping on ing upon his post, or shall leave it before he shall be pos1, regularly relieved, shall suffer death, or such other punishment as shall be inflicted by the sentence of a court martial. Art. 47. No soldier belonging to any regiment, sohUer hiring troop or company, shall hire another to do his duty his0duty.0 for him, or be excused from duty, but in cases of sickness, disability, or leave of absence; and every such soldier found guilty of hiring his duty, as also 104 the party so hired to do another's duty, shall be punished at the discretion of a regimental court martial. officers and Art. 48. And every non-commissioned officer rion^Tfficers conniving at such hiring of duty aforesaid, shall be or"aiiowniat' reduced; and every commissioned officer, knowing hiring of duty, and allowing such ill practices in the service, shall be punished by the judgment of a general court martial. officers occa- Art. 49. Any officer belonging to the service of ahrmf faUe *ne United States, who, by discharging of fire-arms, drawing of swords, beating of drums, or by any other means whatsoever, shall occasion false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court martial. officerorsoi- Art. 50. Any officer or soldier, who shall, with- hisVinni"-? out urgent necessity, or without the leave of his I'j^avc""11* superior officer, quit his guard, platoon or division, shall be punished according to the nature of his of- fence, by the sentence of a court martial. Violence to Art. 51. No officer or soldier shall do violence Ingp'ro'vi""^ to any person who brings provisions or other neces- or other m- saries to the camp, garrison or quarters, of the for- eamp. 8 ces of the United States, employed in any parts out of the said states, upon pain of death, or such other punishment as a court martial shall direct. wubehaviour Art. 52. Any officer or seldier who shall misbe- >nemy. 'e have himself before the enemy, run away, or shame- fully abandon any fort, post or guard, which he or they may be commanded to defend, or speak words inducing others to do the like, or shall cast away his arms and ammunition, or who shall quit his post or colors to plunder and pillage, every such offender being duly convicted thereof, shall suffer death, or-such other punishment as shall be ordered by the sentence of a general court martial. Giving watch- Art. 53. Any person belonging to the armies of Mn^uo" .'mi- the United States, who shall make known the watch- tir«*^« *»»»'or with money, victuals or ammunition, or shall know- «!uem"."s'" ingly harbour or protect an enemy, shall suffer death, or such other punishment as'shall be ordered by the sentence of a court martial. Art. 57. Whosoever shall be convicted of hold- Hiding cor- ding correspondence with or giving intelligence to vwth^gw- tlie enemy, either directly or indirectly, shall suffer ^s^1'^""^ death, or such other punishment as shall be order-enemy ed by the sentence of a court martial. Art. 58. All public stores taken in the enemy's f^*to£$ camp, towns, forts or magazines, whether of artil-the enemy, to lery, ammunition, clothing, forage or provisions, the*u.lllstate* shal 1 be secured for the service of the United States; for the neglect of which the commanding officer is to be answerable. Art. 59. If any commander of any garrison, for- Compelling a i ii i ii i i a.\ ai commanding tress, or post, shall be compelled, by the otncers„ffirerto give and soldiers under his command, to give up to the^tVlhet,,t enemy, or to abandon it, the commissioned officers, non-commissioned officers or soldiers, who shall be convicted of having; so offended, shall suffer death, or such other punishment as shall be inflicted upon them by the sentence of a court martial. 106 sutlers and Art. 60. All sutlers and retainers to the camp, th^c'a'mp.'sub-and all persons whatsoever, serving with the armies je« to orders. 0f the United States in the field, though not enlist- ed soldiers, are to be subject to orders, according to the rules and discipline of war. fi.nmr'eom- Art. ^1. Officers having brevets, or commissions, missions. of a prior date to those of the regiment in which they serve, may take place in courts martial and on detachments, when composed of different corps, according to the ranks given them in their brevets, or dates of their former commissions; but in the regiment, troop or company, to which such officers belong, they shall do duty and take rank, both in courts martial and on detachments, which shall be composed only of their own corps, according to the commissions by which they are mustered in the said corps. v\z..r.... Art. G2. If, upoii marches, guards, or in quarters, toKether,dti!ey different corps of the army shall happen to join, or •,ffirankhiwUest ^° ^uty t°gether, the officer highest in rank, of the command, line of the army, marine corps, or militia, by com- mission, there on duty, or in quarters, shall com- mand the whole, and give orders for what is need- ful to the service, unless otherwise specially direct- ed by the President of the United States, accord- ing to the nature of the case. Kngineers- Art. 63. The functions of the engineers being leges and du- generally confined to the most elevated branch of ****• military science, they are not to assume, nor are they subject to be ordered on any duty beyond the line of their immediate profession, except by the special order of the President of the United States; but they are to receive every mark of respect to which their rank in the army may entitle them res- pectively, and are liable to be transferred, at the discretion of the President, from one corps to ano- ther, regard being paid to rank. courti'mar- Art* ^. General courts martial may consist of tiai. any number of commissioned officers, from five to thirteen inclusively; but they shall not consist of less than thirteen, where that number can be con- vened without manifest injury to the service. 107 Art. 65. Any general officer commanding an ar- General my, or colonel commanding a separate department, tia"!18' may appoint general courts martial whenever ne- cessary. But no sentences of a court martial shall be carried into execution, until after the whole pro- ceedings shall have been laid before the officer or- dering the same, or the officer commanding the troops for the time being, neither shall any sen- tence of a general court martial, in time of peace, extending to the loss of life, or the dismission of a commissioned officer, or which shall, either in time of peace or war, respect a general officer, be carried into execution, until after the whole pro- ceeding shall have been transmitted to the Secre- tary of War, to be laid before the President of the United States, for his confirmation or disapproval, and orders in the case. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be. Art. 66. Every officer commanding a regiment Regimental or corps, may appoint, for his own regiment or t,""!" mar corps, courts martial, to consist of three commissi- oned officers, for the trial and punishment of of- fences, not capital, and decide upon their senten- ces. For the same purpose, all officers command- ing any of the garrisons, forts, barracks, or other places, where the troops consist of different corps, may assemble courts martial, to consist of three comr missioned officers, and decide upon their sentences. . Art. 67. No garrison or regimental court martial lowers of re- shall have the power to try capital cases, or com-^^"'mar- missioned officers, neither shall they inflict a finetml* exceeding one month's pay, nor imprisonment, nor put to hard labour, any non-commissioned officer or soldier, for a longer time than one month. Art. 68. Whenever it may be found convenient Marineoffi- and necessary to the public service, the officers of assisted the marines shall be associated with the officers of^^^ the land forces, for the purpose of holding courts tiai. martial and trying offenders belonging to either; and in such cases, the orders of the senior officer, 108 of either corps, who may be present, and duly au- thorised, shall be received and obeyed. Duties of Art. 69. The judge advocate, or some person de- cUteT * v°" puted by him or by the general, or officer command- ing the army, detachment, or garrison, shall prose- cute in the name of the United States, but shall so far consider himself as counsel for the prisoner, after the said prisoner shall have made his plea, as to object to any leading question to any of the wit- nesses, or any question to the prisoner, the answer to which might tend to criminate himself; and ad- minister to each member of the court, before they proceed upon any trial, the following oath, which shall also be taken by all members of the regimen- tal and garrison courts martial: memters'of " ^ ou' ^' **•' ^° swear> that you will well and court martial, truly try and determine, according to evidence, the matter now before you, between the United States of America, and the prisoner to be tried, and that you will duly administer justice, according to the provisions of ' An act establishing rules and articles for the government of the armies of the United States,' without partiality, favor, or affection; and if any doubt shall arise, not explained by said arti- cles, according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear, that you will not divulge the sentence of the court until it shall be published by the proper authority ; neither will you disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness, by a court of justice, in a due course of law. So help you God." And as soon as the said oath shall have been ad- ministered to the respective members, the president of the court shall administer to the judge advocate, or person officiating as such, an oath in the follow- ing words : * oath of judge «« you a. B., do swear, that you will not disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness, by a court of justice, 109 in due course of law ; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same.—*£o help you God" _, Art. 70. When a prisoner, arraigned before a prisoner re general court martial, shall, from obstinacy and de-£j^t0 liberate design, stand mute or answer foreign to the purpose, the court may proceed to trial and judg- ment as if the prisoner had regularly pleaded not guilty. Art. 71. When a member shall be challenged challenge to by a prisoner, he must state his cause of challenge,a member' of which the court shall, after due deliberation, de- termine the relevancy or validity, and decide ac- cordingly ; and no challenge to more than one member at a time shall be received by the court Art. 72. All the members of a court martial are Membersin to behave with dece*ncy and calmness; and in giv-f"befinwith ing their votes, are to begin with the youngest inthe youngest. commission. Art. 73. All persons who give evidence before a court martial, are to be examined on oath or affir- mation in the following form : "You swear or af-°?thJsfa firm (as the case may be) the evidence you shall give in the cause now in hearing shall be the truth, uie whole truth, and nothing but the truth. So help you God." Art. 74. On the trials of cases not capital, be- Deposition of fore courts martial, the deposition of witnesses not in the line or staff' of the army, may be taken be- fore some justice of the peace, and read in evi- dence : provided, the prosecutor and person ac- cused are present at the taking the same, or are duly notified thereof. Art. 75. No officer shall be tried but by a gen- °^etrr,i(nJot eral court martial, nor by officers of an inferior but by gen'e- rank, if it can be avoided : nor shall any proceed-"a',furtmai" ings or trials be carried on excepting between the Proceedings hours of eight in the morning, and three in the af- ried on, eX-r ternoon, excepting in cases, which, in the opinion f £ jj*t^*n of the officer appointing the court martial, require 3 p.m." immediate example. K 110 No person Art. 76. No person whatsoever shall use any nacingwords menacing words, signs, or gestures, in presence of °r gestures, a court martial, or shall cause any disorder or riot,. •ourtmartial.or disturb their proceedings, on the penalty of be- ing punished at the discretion of the said court martial. .».' Arrests of of- Art. 77.. Whenever any officer shall be charged ficers. wjth a crime, he shall be arrested and confined in his barracks, quarters, or tent, and deprived of his sword, by the commanding officer. And any officer who shall leave his confinement before he sliall be set at liberty by his commanding officer or by a su- perior officer, shall be cashiered. Arrestorcon- Art. 78. Non-commissioned officers and soldiers, rinement ot . , . . . ., . noncommis- charged with crimes, shall be confined, until- tried or'soidie^sf" Dy a court martial, or released by proper authority. persons in ar- Art. 79. No officer or soldier who shall be put in rest, not to be . , .. . . __. • . kept in con- arrest, shall continue in». confinement more than more'than eight days, or until such time as a court martial can eight days, be assembled. officer of a Art. 80. No officer commanding a guard, or pro- fosTmarital" vost martial, shall refuse to receive or keep any to receiveand prisoner committed to his charge, by an officer be- keep prison- r T *s. ' J ers. longing to the forces ot the Imited States; provi- ded the officer committing, shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged. Prisoners not Art. 81. No officer commanding a guard, or pro- wMoufpro?1 vost martial, shall presume to release any person per authority, committed to his charge, without proper authority for so doing, nor shall he suffer any person to es- cape, on the penalty of being punished for it by the sentence of a court martial. Names of pri- Art. 82. Every officer or provost martial, to reported to whose charge prisoners shall be committed, shall, ing officer1""1W1t'>in twenty-four hour- after such commitment, or as soon as he shall be relieved from his guard, make report in writing, to the commanding officer, of their names, their crimes and the names of the officers who committed them, on the penalty of be- ing punished for disobedience or neglect, at the discretion of a court martial. Ill Art. S3. Any commissioned officer convicted conduct un- before a general court martial of conduct unbecom-^^^ ing an officer and a gentleman, shall be dismissed gentleman. the service. Art. 84. In cases where a court martial may suspension- think it proper to sentence a commissioned officer to be suspended from command, they shall have power also to suspend his pay and emoluments for the same time, according to the nature and heinous- ness of the offence. Art. 85. In all cases where a commissioned offi- The name cer is cashiered for cowardice or fraud, it shall be officerTcash- addcd in the sentence, that the crime, name and a"^/0,,1',.00^ place of abode and punishment of the delinquent, frauds, to be be published in the newspapers in and about the the uewsp™ camp, and of the particular state from which the Pers* offender came, or where he usually resides, after which, it shall be deemed scandalous for an officer to associate with him. Art. 86. The commanding officer of any post or cases where detachment, in which there shall not be a number sufficient™1" of officers adequate to form a general court martial, number of of- .... i • i • . i ■ r ticers to form shall, in cases which require the cognizance of a general such a court, report to the commanding officer ofcou" raartial> the department, who shall order a court to be as- sembled at the nearest post or detachment, and the party accused, with necessary witnesses, to be transported to the place where the said court shall be assembled. Art. 87. No person shall be sentenced to suffer sentences of death, but by the concurrence of two thirds of the ?hTcoiu;ur'.ve members of a general court martial, nor except in renceof two ,.o . ' in thirds ot the the cases herein expressly mentioned; nor shall more members. than fifty lashes be inflicted on any offender, at the discretion of a court martial;* and no officer, non JJfJ^Jond commissioned officer, soldier, or follower of the ar-time for same my, shall be tried a second time for the same offence.offence* Art. 88. No person shall be liable to be tried and punished by a general court martial for any nojw™ to offence which shall appear to have been committed offence com- mitted more • Punishment by stripes or lashes abolished. See section 7, Vea"s!W° act of May 16, 1812. 112 more than two years before the issuing of the order for such trial, unless the person, by reason of hav- ing absented himself, or some other manifest impe- diment, shall not have been amenable to justice within that period. officers au- Art. 89. Every officer authorised to order a gcne- o'JdeVa'cmirt ra^ C0Ul"t martial, shall have power to pardon or mi- martiai may tigate any punishment ordered by such court, except cate^or'sus-1 the sentence of death, or of cashiering an officer; Tenet's.'" sen" which, in the cases where he has authority (by arti- cle 65) to carry them into execution, he may sus- pend, until the pleasure of the President of the United States can be known; which suspension, together with copies of the proceedings of the court martial, the said officer shall immediately transmit to the President, for his determination. And the colonel or commanding officer of the regi- ment or garrison, where any regimental or garrison court martial shall be held, may pardon or mitigate any punishment ordered by such court to be in- flicted. .Tudge adro- Art. 90. Every judge advocate, or person offici- Mai'cturu"" ating as such at any general court martial, shall martial, to transmit, with as much expedition as the opportu- nities and nity of time and distance of place can admit, the thTsecretary original proceedings and sentence of such court of war. martial, to the secretary of war, which said original proceedings and sentence shall be carefully kept and preserved in the office of said secretary, to the end that the persons entitled thereto may be ena- bled, upon application to the said office, to obtain copies thereof. Party tried, The party tried by any general court martial rapyofthe shall, upon demand thereof made by himself or by proceedings. any person or persons in his behalf, be entitled to a copy of the sentence and proceedings of such court martial. courts of in- Art. 91. In cases where the general or command- 9.T* jn_ 0flgcer may order a court of enquiry to examine into the nature of any transaction, accusation 01 imputation, against any officer or soldier, the said court shall consist of one or more officers, not ex- ceeding three, and a judge advocate, or other suita- 113 ble person as a recorder, to reduce the proceedings and evidence to writing, all of whom shall be sworn to the faithful performance of their duty. This court shall have the same power to summon witnes- ses as a court martial, and to examine them on oath. But they shall not give their opinion on the merits of the case, excepting they shall be thereto specially required. The parties accused shall also be per- mitted to cross-examine and interrogate the wit- nesses, so as to investigate fully the circumstances in the question. Art. 92. The proceedings of a court of inquiry, courts of in- must be authenticated by the signature of the re- qm^y• corder and the president, and delivered to the commanding officer, and the said proceedings may be admitted as evidence by a court martial, in cases not capital, or extending to the dismission of an officer, provided that the circumstances are such, that oral testimony cannot be obtained. But as Prohibited, courts of enquiry may be perverted to dishonorable edbythf"" purposes, and may be considered as engines of de- ^"^jf jjr struction to military merit, in the hands of weak the accused. and envious commandants, they are hereby prohi- bited, unless directed by the President of the Uni- ted States, or demanded by the accused. Art. 93. The judge advocate, or recorder, shall administer to the members the following oath : " You shall well and truly examine and enquire oath of mem- according to your evidence, into the matter now be-^^y"" fore you, without partiality, favor, affection, preju- dice, or hope of reward. So help you God." After which the president shall administer to the judge advocate, or recorder, the following oath : "You A. B., do swear, that you will, according oath of the to your best abilities, accurately and impartiallyrecorder- record the proceedings of the court, and the evi- dence to be given in the case in hearing. So help you God." The witnesses shall take the same oath as wit-oath of wit- nesses sworn before a court martial. nesses- Art. 94. When any commissioned officer shall An inventory die or be killed in the service of the United States, $ "£ K o who shall djea 114 ted to the War Office. to lie made & the major of the regiment, or the officer doing the th^wa'r'or-0 major's duty in his absence, or in any post or gar- fice- rison, the second officer in command, or the assis- tant military agent, shall immediately secure all his effects or equipage, then in camp or quarters, and shall make an inventory thereof, and forthwith transmit the same to the office of the Department of War, to the end, that his executors or admin- istrators may receive the same. An inventory Art. 95. When any non-commissioned officer or of anV'^n-" soldier shall die or be killed in the service of the •onimissioned United States, the then commanding officer of the officer or sol- . . » dier who shall troop or company, shall, in the presence ot two andl°rae^m?t! other commissioned officers, take an account of what effects he died possessed of, above his arms and accoutrements, and transmit the same to the office of the Department of War; which said ef- fects are to be accounted for, and paid to the re- presentatives of such deceased non-commissioned officer or soldier. And in case any of the officers, so authorised to take care of the effects of deceased officers and soldiers, should, before they have ac- counted to their representatives for the same, have occasion to leave the regiment or post, by prefer- ment, or otherwise, they shall, before they be per- mitted to quit the same, deposite in the hands of the commanding officer, or of the assistant military agent, all the effects of such deceased non-commis- sioned officers and soldiers, in order that the same may be secured for, and paid to, their respective representatives. Art. 96. All officers, conductors, gunners, ma- trasses, drivers, or other persons whatsoever, receiv- leryorengi- jng pay or hire, in the service of the artillery or toThese'riies corps of engineers of the United States, shall be and articles. g0vemed by the aforesaid rules and articles, and shall be subject to be tried by courts martial, in like manner with the officers and soldiers of the other troops in the service of the United States. o herla'innda ^r** ^' ^e on^cers ano" soldiers of any troops, of the'united whether militia or others, being mustered and in pay ilaro'th«e of the United States, shall, at all times, and in all ml $ and ar- All persons whatever in the artil- 115 places, when joined, or acting in conjunction, with ^J?^*^. the regular forces of the United States, be govern-Htuofficer™'" ed by these rules and articles of war, and shall be subject to be tried by courts martial, in like man- ner with the officers and soldiers in the regular forces ; save, only, that such courts martial shall be composed entirely of militia officers. Art. 98. All officers, serving by commission from Miiitiaoffl-^ the authority of any particular state, shall, on all rank next detachments, courts martial, or other duty, wherein »£esr0fth°effi- they may be employed in conjunction with the regu- same grade lar forces of the United States, take rank, next after,n the army- all officers of the like grade in said regular forces, notwithstanding the commissions of such militia or state officers may be elder than the commissions of the officers of the regular forces of the United States. Art. 99. All crimes, not capital, and all disor-crimes,™* ders and neglects which officers and soldiers may an disorders be guilty of, to the prejudice of good order and mi- X^hVo?' Jitary discipline, though not mentioned in the fore-^™"™"; going articles of war, "are to be taken cognizance of taken cogni- by a general or regimental court martial, according zanceof- to the nature and degree of the offence, and be pun- ished at their discretion. Art. 100. The President of the United States ££**»«» shall have power to prescribe, the uniform of the uniform. army. , , Art. 101. The foregoing articles are to be read ^^'^ and published once in every six months, to every "'"y^ garrison, regiment, troop or company, mustered or mo" to be mustered in the service of the United States, and are to be duly observed and obeyed by all officers and soldiers who are, or shall be in said service. Sect. 2. And be it further enacted, That in time ^.,12* of war, all persons not citizens of, or owing allegi-ing as spies. ance to the United States of America, who shall be found lurking as spies, in or about the fortifica- tions or encampments of the armies of the United States, or any of them, shall suffer death, accord- ing to the law and usage of nations, by sentence of a general court martial. 116 Sect. 3. And be it further enacted, That the rules and regulations, by which the armies of the United States have heretofore been governed, and the resolves of Congress thereunto annexed, and respecting the same, shall henceforth be void and of no effect, except so far as may relate to any transactions under them, prior to the promulgation of this act, at the several posts and garrisons res- pectively, occupied by any part of the army of the United States. [Approved April 10, 1806.] Funishment by stripes cr ished!* Extract of an act passed 16th May, 1812. Sect. 7. And be it further enacted, That so much of the " Act for establishing rules and articles for the government of the armies of the United States," as authorises the infliction of corporeal punishment, by stripes or lashes, be, and the same is hereby re- pealed. Repealing clause. 117 ARMY REGULATIONS. Sank of Regiments. 1 st. The light artillery. 2d. The light dragoons. 3d. The foot artillery. 4th. The infantry, } According to the numbers of the re- 5th. The riflemen, \ giments respectively. 6th. The volunteers in the ser-"J Accordingto the numbers given vice of the United States, and, V to them respectively, by the 7th. The militia drafts, J eeneral comtnanchng. This regulation is confined to parades. On all other occa- sions, regiments will be drawn up in the way which shall be directed by the general, or other commanding officer. Rank of Officers. In all cases in which command shall not have been speci- ally given, the eldest officer, whether of artillery, infantry, or riflemen, will command. Where a controversy concerning rank shall arise, from the sameness of date in commissions, it shall be determined by reference to former commissions in the regular service. Brevet rank gives no command, except on detachments: nor will persons having such rank only, be included in the roster of officers for any duty, other than that performed by detachments, and to which they shall be specially assigned. Where officers of different regiments of infantry, or other corps, meet as members of the same court martial, brevet rank will be exercised, and the same rule will apply to offi- cers on detachment (conformably to the 6lst article ot the rules and articles of war) which extends to temporary ser- vice only, and not to the regular command of departments, permanent posts, and garrisons: but brevet command may be exercised therein by the assignment of the commanding gen- eral, upon special and temporary occasions. 118 Commissions in the general staff confer no rank to officers of the line, when they cease to exercise staff' duties, by vir- tue of such commissions. There is no precedence between staff departments. The officers assigned to these, will take rank from the brevets they hold. Officers of the regular army, of the same grade with those of the volunteers and militia, have precedence of these, whatever may be the dates of their respective commissions. Principles governing the decision of Rank. 1st. Rank in actual service, when appointed. 2d. Former rank and service in the army, or marine corps, of the United States. 3d. Lottery—among such as have not before been in the military service of the United States. When controversies arise, on the interpretation and ap- i plication of the rules and regulations for the government of the army, in relation to rank, the commanding officer of the division or department where such controversy may occur, is authorised and directed to institute a court of inquiry, or board of officers, whose duty it shall be to examine and re- port opinions on the cases respectively coming before them; which opinions will be transmitted to the adjutant and in- spector general's office, for the approval of the War Depart- ment. Rules with regard to promotion and transfer. 1. Original vacancies will be supplied by selection; acci- dental vacancies by seniority, excepting in extraordinary cases. 2. Promotions to the rank of captain, will be made regi- mentally ; to that of field appointments, by line ; the light artillery, artillery, infantry, and riflemen, being kept alway9 distinct. 3. No officer will be entitled to the pay, rations, or emolu- ments, annexed to any office, until he shall have notice of his appointment thereto from the War Department; or frotn a general officer, with respect to appointments in the gift-of generals. 119 When an officer is officially advised of promotion, he may receive the difference of pay and emoluments from the date of his promotion. The transfer of officers will only be made by the War De- partment, in general orders, on the mutual application of officers, and in no case will an officer of any regiment or corps be put into another, wh.rre the transfer would prejudice the rank of any officer in such regiment or corps; and whenever officers are so transferred, the order for their change of sta- tions shall specify the fact, and shall not entitle them to trans- portation of baggage. Rank between Army and Navy Officers. Commodores of squadrons, being captains, Brigadier Generals. Captains,.....Colonels. Masters Commandants, - Majors. Lieutenants, .... Captains. The rank and precedence of sea officers, as above stated, will take place according to the seniority of their respective commissions. Captains, not having an actual command as commodores, will rank only as colonels; and if commanding a vessel of inferior class than that to which they are by law entitled, will rank only as majors, unless the combined force under the command of any such captain shall equal that to which a captain in the navy is entitled, in which case he shall rank as a colonel. This arrangement is not to give any pretence to land officers to command any part of the naval force of the United States, nor to sea officers to command any part of the army of the United States ; nor shall either have a right to demand the compliments due to their respective rank. Commodores- of the flotilla service will have the rank of colonels only. Compliments to be paid by the Troops. The highest militarv honors are payable to the President and Vice President of "the United States, whether in uniform or not. To the Secretary of War, to Major Generals commanding districts, or corps of the army, and to governors of states, when in uniform, the same honors will be paid, with this ex- 12(3 ception, that to them the standards of the cavalry will not be dropped in saluting. All other Major Generals are entitled to three ruffles of the drum, with presented arms, and to the dropping of all colors other than the standards. Brigadier Generals commanding districts or corps of the army, are entitled to the honors payable to Major Generals not commanding in chief. All other Brigadiers are entitled to two ruffles of the drum and presented arms. To Colonels, the guards of their own regiments turn out and present their arms, once a day ; after which, they only turn out with ordered arms. To Lieutenant Colonels and Majors, their own guards turn out with ordered arms, once a day. When a Lieutenant Colonel or Major shall command a regiment, their own quarter guards pay them the compli- ments due to a Colonel. When a general, or other officer, entitled to a salute, shall pass in the rear of a guard, it will not face about, but stand with shouldered arms. When a general, or other officer, entitled to a salute, shall fiass guards while in the act of relieving, both guards will sa- ute, taking the word of command from the senior officer of the two. Military compliments are to be paid to officers of the navy, when in uniform, agreeably to their relative rank. All guards are to be under arms when an armed party ap- proaches their posts, and to parties commanded by a commis- sioned officer, they will present arms and beat a march, and the officers will salute. The colors of a regiment, passing any guard, will be saluted, the drums of the regiment saluting in turn. . When two regiments meet on a march, the regiment of in- ferior rank will halt, form, and salute the other, which pro- ceeds on its march, with swords drawn, bayonets fixed, trum- pets sounding, drums beating, and colors flying, until it shall have cleared the front of the latter regiment. All regiments inarching with standards or colors, have claim to the compliments of any regiment they may meet on their march, not having standards or colors, without regard to the rank of the particular corps. 121 Salutes. The national salutes shall be conformable to the number of states composing the Union. A national salute shall be fired on a visit to the post from the President of the United States. Fifteen guns shall be fired on a visit from the Vice-Presi- dent, the Secretary of War, Secretary of the Navy, a Major General of the army, and thirteen guns on that of a Brigadier General, when commanding a district. No other person shall be entitled to salutes, and no salutes will be fired to any per- son, but on his arrival. No salutes shall be fired to foreign ships or vessels of war, but in return, and in every case their salute shall be return- ed gun for gun, notice being given. No salutes shall be fired to public armed vessels of the United States, under the rate of a frigate, and to these only in return, gun for gun, notice being given. At one o'clock, on the fourth day of July, of each year, a national salute will be fired from all the military posts and forts in the United States. Salutes shall not be fared from guns of higher caliber than twelve pounders. Staff' of the Army. The general orders of the executive, and the military cor- respondence of the War Department, relative to details of service, will be through the Adjutant and Inspector General's Office ; and all communications connected with army detail, the recruiting service, reports, returns, courts martial, rank of officers, furloughs, discharges, and the redress of grievan- ces, will be made to the department in the same way. Duties of Adjutants General. These will be divided under the following heads, viz Distribution of orders. Details of service. Instruction of the troops in the manuel exercise, and the evolutions and arrangement of them when brought into ac- tion ; and, Direction of the military correspondence. L 122 1. Distribution of Orders. Hie general orders of the day, having been received from the commanding general, the adjutant general, or his assis- tant will carry them to the office of distribution, where they will be recorded, in a book kept for that purpose, whence, at an hour which shall have been previously assigned, they will be transcribed by the aids de camp of general officers, by the adjutants of all separate corps, by a deputy or assistant de- puty quarter-master general, by a surgeon's mate, detailed for that duty by the senior surgeon, and some commissioned officer from each corps of engineers; and when so transcri- bed they will be carried, without delay, to the corps to which these officers respectively belong, and be there promulgated, under the orders of the officers commanding the corps, and become to them a rule of conduct. 2. Details of service. These shall be made agreeably to prescribed rules and the usage of war. All corps will furnish according to their strength—the longest off" duty, the first on duty. When it may be found practicable, the troops are to act by companies, battalions, or regiments. Return detachments will not be excused from duty more than two days. Seniority of corps, with respect to troops and priority of rank, with respect to officers, will entitle to precedence for command ; subject to deviations under the orders of the com- manding general. In details the following gradations will govern : 1. Reconnoitering parties, and corps of observation. 2. Foraging before the enemy. 3. Detachments and outposts. 4. Guards of trenches. 5. Van guards in approaching an enemy. 6. Rear guards in retiring from an enemy. 7. General courts martial. 8. Guard of the general commanding in chief. 9. ('amp or garrison guards. 10. Other guards mounted from the grand parade. 12S 11. Guards of general officers and the staff, according to rank. 12. Pickets. 13. General fatigues. 14. Police. In the routine of duty, the law of detail will always give it to the officer longest off duty, and when two have been credited with the same grade of service, on .the same day, reference to the former tour on the roster will determine the detail. Should a tour of service of higher grade occur to an office^, while on any subordinate duty, he shall be relieved, and the tour on which he is, be passed to his credit. If an officer's tour for general court martial, picket, or fa- tigue occur, while he is on any other duty from the grand pa- rade, he shall not be relieved, but stand for the next tour. 3. Instruction of the troops. This shall be governed by circumstances, as to time, place, t and frequency; of which the commanding general will judge. The mode of infantry discipline, adopted by regulation of the War Department, will be observed. 4. Military Correspondence. Reports of services performed, and demands for courts of inquiry, or courts martial, will be made through the adjutant general of division or department. Returns, intended to ex- hibit the strength of corps, made agreeably to the 19th article of war, and accounting for the absent non-commissioned offi- cers, musicians and privates, will be addressed to the adju- tant general of division, from which he will make out a gen- eral return, agreeably to the forms prescibed, to be transmit- ted quarterly to the Adjutant and Inspector General's Office, for the information of the War Department. These returns will exhibit regiments and detachments of regiments and corps, separately ; by number, if regiments, and by name, if corps, and also 'the strength of each post and garrison within the division. Reports of the hospital and of the quarter-mas- ter's departments ; and of ordnance and of ordnance stores, attached to the army, will also be transmitted to the Adju- tant and Inspector General through the adjutant general of division. 124 Returns of ordnance and ordnance stores, will be made agreeably to forms furnished by the colonel of ordnance. Departures from forms, and inattention to regulations, will be regarded and punished as acts of positive disobedience. The original proceedings of all general courts martial, or- dered by the War Department, will be transmitted to the Adjutant and Inspector General's Office, by the judge advo- cate of the court. Whenever a court martial is appointed by a general or other officer commanding an army or district, the judge advocate will lay before the officer ordering the same, the whole proceedings of the court; and it is made the duty of the adjutant general, or officer doing that duty, to transmit all such original proceedings to the Adjutant and Inspector General's Office, as soon as practicable, with a co- py of the order of confirmation or disapproval. On applica- tion, (for that purpose,) a suitable non-commissioned officer or private will be detailed as a clerk to the judge advocate of any general court martial. The proceedings of all courts martial will be made on let- ter paper, to preserve a uniformity in the records. The re- cord of the trial of an officcr, will not include the trial of a non-commissioned officer, musician, or private. The trial of a soldier, sentenced capitally, will also be recorded sepa- rately, and the record reportea accordingly. Duties of Inspectors General. These will be divided under the following heads, viz : Mustering and inspecting troops of the line, and militia detachments serving with them. Selecting places of encampment, and posting guards. Superintending the police of the camp, and of the march. Inspecting parades ; and, Making half-yearly confidential reports to the adjutant and inspector general's office, for the information of the War Department, of the state of the army, division, or detach- ment, to which they belong. 1. Mustering and inspecting the troops of the line, and militia detachments. Troops of all descriptions shall be mustered once in two months, for payment, nor shall any payment be made but upon muster rolls, signed by an inspector general, or his as- 125 sistant, or in the absence of these, by some officer of the ar- my of the United States, especially assigned to this duty by the general or other officer, commanding the department in which the said troops, so mustered, shall be. Two muster rolls of each company, or detachment of a company, are to be furnished to the paymaster ; and none ex- cept the semi-annual muster rolls, to be made on the 30th of June, and 31st of December, in each year, showing all casu- alties which have occurred within the time for which the muster is made, will be forwarded to the Adjutant and In- spector General's Office. An officer of each regiment, station, garrison, or post, will be designated in department orders, to muster the men, and sign the rolls at the regular periods, when no inspector is present for that purpose. A copy of the order, designating the time for such musters, will be furnished to the regimen- tal and battalion paymasters, assigned to pay the troops. Whenever a muster shall be made of any company, or de- tachment of a company, of the regular army, for the purpose of pay, (which musters are directed to take place every two months, and which shall show the place and date of muster,) an inspection will at the same time be made of such compa- ny or detachment, and a return, agreeably ta the form pre- scribed, will be transmitted, to the Adjutant and Inspector General's Office. Inspections of the troops are of two kinds—stated and oc- casional. The former shall take place monthly, and (when practicable) on the last day of each month; the latter as of- ten as the general, or other officer, commanding the depart- ment may think proper. The general object of both, shall be, to ascertain the exact state of the arms, equipments, and clothing, and of every other circumstance tending to show the actual condition of the troops so inspected. All horses belonging to the public, will also be subjects of inspection ; those unfit for service, will be branded in the pre- sence of the inspecting officer, with the letter C, and imme- diately transferred to the quarter master general's depart- ment, for public sale; nor shall any horse, so branded, be thereafter accepted by any inspecting officer. Returns of cast horses will be made quarterly. s. 2 126 2. Superintending the police of the camp and of the march. It will be the duty of this department, to designate all guards for the security and good order of the camp; to take charge of all prisoners made by these, or otherwise ; to ex- amine and report the several cases to the commanding gen- eral ; and to take his orders in relation to their future dispo- sal ; to inspect the state of tents, barracks, and hospitals ; to punish any want of care or cleanliness therein ; to regulate all sutlers and markets, within any camp, cantonment, or garrison; and to inspect and enforce the order of march, and to punish all infractions of it. S. Inspecting parades. The troops detailed from each regiment, for the service of the day, will be brought to the parade ground of the brigade, under the command of the senior officer present, and on du- ty; these detachments will there be embodied and marched to the ground of division parade, accompanied by the adju- tant of the day, under command of the senior officer; the whole will then be marched as aforesaid, to the ground of general parade, where they will be received by an inspector, or assistant inspector general, reviewed and detached for the service of the day. 4. Selecting places for encampment, and posting guards. This duty shall be performed under the directions of the commanding general, and the inspector, in performing it, shall call to his aid an officer from each corps of engineers. 5. Making half yearly confidential reports for the War Department. These reports will relate to the conduct of corps, and to that of individuals composing them. They shall be submit- ted to the general of division, and shall receive from him his remarks, in writing, before they are transmitted to the Adju- tant and Inspector General's Office. They shall specify : 1st. The progress made by each corps or regiment in mili- tary discipline, in general, and, particularly, in a know- 127 ledge of the evolutions prescribed for the practice of thfe troops; in habits of obedience, and of attention to per- sonal appearance, adhering to the prescribed uniform, and to the rules of interior economy. 2d. Whether the field and company officers respectively know their duty, and are able and willing to perform it? whether the subalterns are severally sober, active, and industrious, careful to acquire knowledge, and to com- municate it to the non-commissioned officers and pri- vates ? whether the adjutant, quartermaster, and pay- master, are competent to the duties assigned to them ? whether the regimental books are kept with accuracy and regularity ? and whether the non-commissioned offi- cers perform their duty with promptitude and effect? 3d. Whether the meat and bread furnished by contract, are of good quality? and whether these and other arti- cles, composing the ration, are regularly issued ? 4th. Whether the forage be good, and of sufficient quan- tity ? 5th. Whether the hospital supplies and regulations be suf- ficient, and regularly dispensed, in the one case, and observed in the other? 6th. Whether there has been any irregularity in the pro- ceedings of courts martial, or*in the execution of sen- tences pronounced by them ? and, Tth. The state of the ordnance and ordnance stores gen- erally; whether the quantity of ammunition in store is sufficient, and well secured, and whether the ordnance department, the arms and equipments are in proper or- der ? On each of these heads there will be a special report, and in what may be said on the second, all possible frankness is expected. One motive the more to this, will be found in the solemn declaration of the government, that while it shall be its invariable practice to distinguish and to reward merit, of every description, and in every grade, all pretensions, not having that foundation, however propped and patronized by names, will be utterly disregarded. Corps of Engineers. The functions of the engineers being generally confined to the most elevated branch of military science, they are not 128 to assume, nor are they subject to be ordered on any duty beyond the line of their immediate profession, except by spe- cial authority through the War Department; and when so ar- ranged, to other duties, either on detachment or otherwise, they will have precedence according to their commissions: which, at all times, entitle them to every mark of military respect. Whenever an officer of engineers is sent to any military department, fortress, garrison, or post, a duplicate of his or- ders will be sent to the commanding officer, by the Adjutant and Inspector General, when the order is given by the War Department, and by the chief of engineers when the order is given by, or through him. On his arrival, the engineer shall communicate his orders, and will receive the necessary fa- cilities for the accomplishment of the same, from the com- manding officer. While so on duty, without being specially put under the direction of the commanding officer, the senior engineer present, will be furnished with copies of all orders and regulations of the command, relative to etiquette and po- lice, and will be regularly served with the countersign of the post or garrison, when quartered within the chain of ci-nti- nels. When leaving the limits of the department, or com- mand, under orders, the engineer will report the same to the commandant. Under the orders of the executive, the Engineer Depart- ment is charged with the direction of fortifications. The duties of the Department will comprise: 1st. Military reconnoitrings, embracing surveys and ex- aminations of the country, and surveys of sites that may be designated for defence, with maps and plans of the same.— These reconnoitrings, surveys, maps, and plans will be made from time to time by such engineers as may be assigned to those duties. 2d. Construction and repairs of works. See construction and disbursements, and duties of engineers. 3d. Inspections, which shall be made of all works when completed by such engineer, as may be designated by the chief engineer. Occasional inspections may be ordered up- on works during their construction, if deemed necessary. 4th. Correspondence, including reports of inspection, and of reconnoitrings and surveys, accompanied by maps, plans and estimates, returns of public property in the possession 129 of engineers, to be made to the Engineer Department, on the 30th June and 31st December, in every year. Summaries of reports of reconnoitrings and surveys, to be forwarded through the War Department, for the use of generals com- manding divisions. 5th. General direction of disbursements, which will cm- brace purchases of sites and materials, hiring workmen, pur- chases of books, maps and instruments, and contracts for the supplies of materials, and for workmanship. Constructions and Disbursements. There shall be detailed an engineer to superintend the construction of fortifications and as many assistants as may be deemed necessary. Duties of Engineers. Plans of the work which it is contemplated to construct, and such directions as may be thought necessary, shall be transmitted to the superintending engineer, with an order to construct the work agreeably thereto, and the superintend- ing engineer shall be held responsible for the faithful execu- tion of the work, agreeably to the plan. The superintending engineer shall make requisitions upon the agent of fortifica- tions for such materials and workmen as he may deem neces- sary to construct the work. An inspection of the materials shall be made by the engi- neer or assistant, as to quantity, quality and price, at the time the materials are delivered ; upon this inspection, the materials may be received or rejected by the engineer. If received, a receipt for the materials shall be endorsed by the engineer upon the bills or parcels, which shall be the autho- rity for the agent's disbursements. Agents. There shall be appointed as many agents of fortifications as the service may require, who shall give bond for the laito- ful discharge of their duties. Duty of Agents. They shall be governed by the orders of the Engineer De- partment, in the disbursement of the money placed in their 130 lands, and by the following instructions, in keeping and ren- dering their accounts : 1st. For all articles purchased, they will take bills of par- cel, with fair and explicit receipts of the party from whom the purchase is made, and each bill, before payment, must be certified by the superintending engineer or assistant, that the article charged has been received ; it results that the certifir cate must in all cases be dated. 2d. For all labor performed, a roll must be made out month. ly, under the direction of the engineer or other officer super- intending, in which each person's name must be inserteil, the time he commenced and ended, the price per day, and the whole amount due him, with his receipt for the amount, op- posite, and the roll must also be certified by the officer above named. If soldiers are employed, a separate roll must be made out, as per established regulations of the Secretary of War, of which the officers are apprized. 3d. A roll must also be made out monthly, and certified by the engineer or officer superintending, for the pay of all me- chanics employed, as pointed out in the case of labor per- formed. From the foregoing vouchers, abstracts are to be made out, in which they are to be entered, according to their respective dates, and numbered in regular progression:— 1st. "Abstract of articles purchased," to include all bills for articles purchased—2d. " Abstract of labour performed," to include the rolls receipted for, as directed—3d. " Abstract of pay of mechanics," to include all charges under that head; and—4th. "Abstract of contingent expenses," to include all other expenditures on actount of fortifications, not above provided for. These abstracts, with the vouchers, regularly numbered and filed with each respectively, are to be for- warded to the Auditor, when the agent's accounts are direct- ed to be rendered for settlement, accompanied by an acrount current, in which their respective amounts are to be entered to the debit of the United States, and all monies previously received are to be credited, and the balance due to or from the United States will be stated. As a general remark, it must be observed, that in all cases the payments of the agents must be accompanied by the certificate of the engi- neer or officer superintending the fortifications ; and as much depends upon the correctness of the agent's accounts, it will be expected that the forms and instructions made known will be strictly attended to. 131 Duties of Topographical Engineers. To make such surveys, and exhibit such delineation of these as the commanding general shall direct; to make plans of all military positions, (which the army may occupy,) and of their respective vicinities, indicating the various roads, rivers, creeks, ravines, hills, woods, and villages, to be found therein ; to accompany all reconnoitering parties, sent out to obtain intelligence of the movements of the enemy, or of his positions, &c. to make sketches of their route, accom- panied by written notices of every thing worthy of observa- tion thereon ; to keep a journal of every day's movement, when the army is in march, noticing the varieties of ground, of buildings, of culture, and the distances and the state of the roads, between given points, throughout the march of the day ; and lastly, to exhibit the relative positions of the con- tending armies, on fields of battle, and the dispositions made, whether for attack or defence. Quarter-master's Department. The objects of this Department are, to ensure an efficient system of supply, and to give the utmost facility and effect to the movements and operations of the army. The regulations and instructions for the department, are embraced under the following heads: 1. General instructions for the Department. 2. Table of allowances, regular and incidental. ~ 3. Returns, statements, estimates, and reports required. 4. Forms of returns, reports, and statements required with forms of vouchers for disbursements, and for issues of regular supplies. 1. General Instructions. 1. The Quarter-master General will be stationed at the City of Washington, and will under the direction of the Se- cretary of War, have the control of the deputies, and a«sis- tants,*and of all officers and agents acting in, or making disbursements on account of the Department, in every thing relating to the administrative branch of their duties, and •their accountability. He will be allowed one assistant, and 1S2 as many subalterns, as may be necessary for the discharge of the duties of his office. 2. All communications relating to the duties of the De- partment, or to any branch or officer thereof, except from commanding generals of divisions or armies, shall be address- ed to the Quarter-master General. 3. It shall be the duty of the Quarter-master General, to make himself acquainted with the frontiers, both maritime and interior, and with the avenues leading to the contiguous Indian and foreign territories; with the resources of the country in military supplies, and the means of transportation, particularly of the districts on the frontiers; with the most eligible points for concentrating troops and collecting supplies, whether in relation to offensive or defensive opera- tions ; with the relative expense of concentrating at parti- cular positions, and the relative military advantages of those positions. It shall also be his duty to designate the routes of communication between different posts and armies, the course of military roads, and the sites for permanent and temporary depots of provisions and military stores. The deputies, assistant deputies, regimental and battalion quarter-masters, are required to collect information in rela- tion to all those points, and to make themselves acquainted with the state of the roads, the course and description of the rivers, and the most direct routes between the different mili- tary posts within their respective departments. 4. All deputies and assistants will be subject to the dis- position of the generals, or other officers commanding divi- sions or departments. 5. Officers of the Quarter-master General's Department, will not be subject to detail; nor be employed on any other duties, than those of their department, except by order of the Secretary of War. 6. It shall be the du'y of the officers of this department, to provide for the quartering and transporting of the troops, and for the transporting of all military stores, camp equipage and artillery; for opening and repairing roads, and construct- ing and repairing bridges, which may be necessary to the movements of the army, or any detachment thereof. 7. To provide good and sufficient storehouses for all mili- tary supplies, and for provisions deposited by the commissary general or his assistants, or under contract between uulividu- 133 als and the government, and to appoint storekeepers for the custody of said stores and provisions, or of any property of the public, which may be placed there. 8. To provide all forage, fuel, straw and stationery for the use of the troops, and to have the same transported and is- sued agreeably to the regulations; to purchase dragoon and artillery horses, and horses, oxen, waggons, carts, and boats for the transportation of baggage; to provide boards, plank, nails, and other materials for constructing and repairing bar- racks, hospitals, and bridges. 9. Officers of this department will receive from the depart- ments of purchase, subsistence, and ordnance, all clothing camp equipage, provisions, arms, ammunition, and ordnance, and transport the same to the place of destination, and make distribution thereof agreeably to the direction given to the articles by the commissary general of purchases, the com- missary general of subsistence, the chief of the corps of ord- nance, or the general commanding the division or department to which they are destined. 10. Quarter-masters in the intermediate departments, be- tween the places of receipt and delivery, will be held res- ponsible for the safe and prompt transmission of all articles through their respective departments. 11. Articles for conveyance by this department, will be transported in bulk, and with each qtfsntity of stores con- veyed, the quarter-master of the post from which it is sent, shall, if he think it necessary, furnish a conductor, who shall have charge of it and for whose conduct, in the safe keeping and delivery thereof, the quarter-master shall be responsi- ble. 12. All officers are prohibited from ordering purchases, or directing disbursements not provided for by the regulations of the War Department. But should any officer of the Quar- ter-master's Department be required to make disbursements or allowances not authorised by such regulations or by law, he shall submit to the officer ordering the same, a statement, in writing, of his opinion in regard to the law or regulations in the case: if the officer after receiving such statement, persist in requiring the allowance or disbursement to be made, he shall certify and return the statement to the quarter-mas- ter, and it shall be the duty of the quarter-master, to forward the statement thus certified with his accounts to the Quarter- in 134 •piaster General, who will transmit them to the proper account- ing office; and the amount shall be charged to the individual account of the officer, unless he shall show satisfactorily, that the disbursement or allowance was necessary, and that the urgency of the service was such, as to preclude the pos- sibility of communicating with the War Department previ- ous to the purchase. 13. Whenever any building occupied by troops as barracks, shall have been left by them in a filthy state, or shall have suffered unwarrantable injury by them, the quarter-master of the post, or of the party succeeding them, shall in the one case, have the quarters cleansed, and in the other repaired, and the expense of so doing shall be deducted from the pay of the officer commanding the party which immediately pre- ceded in the occupation of the building so cleansed or re- paired ; where this shall not have been done, and reported, the last occupier shall be considered responsible. 14. Whenever it shall be found necessary to occupy pri- vate buildings or lands for encampments by the troops of the United States, a reasonable compensation shall be paid to the proprietor by the quarter-master of the post or department. When the rate of compensation cannot be satisfactorily agreed on, discreet and disinterested persons shall be appoint- ed by the quarter-master, and the proprietor, to appraise and determine the rent. Any damages sustained by buildings or lands thus occupied, shall be paid for or repaired, as above provided. 15. Quarter-masters will not issue due bills in any case. When purchases have been made, or supplies furnished, no receipt shall be taken unless the money be actually paid. Nor shall any officer or other person employed in the Quar- ter-master's department, be concerned directly or indirect- ly, either for himself or others, in the purchase of any claim on the government, either.of a soldier, or of a citizen. Any officer violating this regulation shall be stricken from the rolls of the army. 16. Whenever any quarter-master, officer, or agent, mak- ing disbursements on account of the department, shall be re- lieved or ordered from his post or station, he shall furnish his successor with a certified statement of all the outstand- ing debts of the department, whether for supplies furnished or services rendered : a duplicate of which, he shall transr mlt to the office of the quarter-master general. 135 17. Officers of the Quarter-master's Department, will not be allowed to engage, directly or indirectly, in trade or traf- fic of any description. 18. Regimental and battalion quarter-masters and military storekeepers, may be required to perform the duties of assis- tant deputy quarter-masters general, at their respective posts or stations. 19. All monies for the service of the Quarter-master's Department, will be furnished on requisitions of the quarter- master General, predicated on the estimates of the several quarter-masters, agents, and disbursing officers. The senior quarter-master of each military department, may be required to receive and distribute all monies necessary for the use of his department. 20. All officers and agents of the Quarter-master's De- partment, and commanding officers of posts where there are no quarter-masters, will keep and render their accounts, both of money and property, according to prescribed forms; and each officer and agent, of the department, shall forward his accounts to the office of the Quarter-master General, within twenty days after the expiration of the quarter. It shall be the duty of the Quarter-master General to examine and transmit them with his remarks, to the proper accounting of- fice of the Treasury Department. On report being made to the Quarter-master General, of any voucher being disallowed or suspended, he shall require from the officer or agent, pro- per vouchers, or the necessary explanation. 21. Any officer or agent of the Quarter-master's Depart- ment, who shall fail to forward his accounts for settlemer.v at the time prescribed, shall be recalled, and his place be sup- plied by another. 22. The Quarter-master General may, whenever he shall deem it necessary, cause a thorough inspection to be made of the books and accounts of the quarter-masters, and of all of- ficers and agents making disbursements on account of the Department. This inspection shall embrace property, as well as money, shall extend to contracts, to prices paid for articles purchased, prices paid for transportation, and gene- rally, to every article of supply, and to all objects connected with the department. The books and accounts of the Quarter-master General, will be subject to a similar inspection. 136 inspecting officers will notice in their reports all orders of commanding officers requiring the expenditure of money con- trary to the regulations, and they will state particularly, whe- ther supplies are forwarded promptly. 23. Generals, and other officers, are prohibited from ap- pointing officers or agents, to make disbursements on account of the Quarter-master's Department, except on the most ur- gent occasions, when they will immediately report the neces- sity for such appointment to the Department of War. The general, or officer making appointments of this nature, shall, m all cases, receive the funds which are to be placed in the hands of the officer or agent, and shall himself be held indi- vidually responsible for the proper application of the same. 24. Quarter-masters will not be required to make purchases of medicines and hospital stores, except in cases where an extra supply may be found necessary by the marching of a detachment, the arrival of a greater number of men at a post than had been estimated for, the loss or miscarriage of any article, or unusual expenditure from sickly seasons, &c. In these cases only, they are authorised to purchase and issue on the requisition of the attending surgeon, countersigned by the commanding officer of the department, post, regiment or- detachment. 25. It shall be the duty of the officers of the Quarter-mas- ter's department, to provide cooking utensils, and other arti- cles of hospital furniture, when they cannot be conveniently obtained from the purchasing department. Their vouchers for such supplies will be the requisition of the attending sur- geon, countersigned by the commanding officer of the regi- ment, post or department. 26. Quarter-masters will not be required to make pay- ments to citizen surgeons for medicines furnished, or medical services rendered, to the troops, whether in garrison, on de- tachment, or the recruiting service. Claims of this character must be referred to the surgeon general at Washington City. Nor will they be required, under any circumstances, to make payments for the hire of stewards, ward-masters, nurses, or attendants in hospitals. 27. Officers of the Quarter-master's department, shall not be furloughed for a longer period than twenty days, without first obtaining the sanction of the War Department, through the Quarter-master General; and in all cases where furloughs IS? are granted to them, they are required to report the same immediately to his office. 28. Quarter-masters are prohibited making expenditures for the printing of blank forms and returns of any descrip- tion, except those connected with their own accounts. 29. Whenever quarter-masters' stores become damaged, or unfit for issue, whilst in the charge of a quarter-master, he shall report the same to the commanding officer of the post or department, who shall immediately institute a board of survey, to be composed of three officers, when practicable, to examine and report on the same. They shall report par- ticularly, the nature of the damage, the causes which led to it, and whether, in their opinion, it was produced by the neg- lect of the quarter-master. All stores found damaged, from causes other than the neglect of the quarter-master, shall be immediately sold at public auction, and the auctioneer's bill of sale, with a duplicate of the report of the board of survey, shall be entered in the proper abstract, and will entitle the> quarter-master to a credit for the stores thus condemned and sold. But in case the board be of opinion, that the damage was occasioned by neglect on the part of the quarter-master, the stores will be thrown upon his hands and their original cost deducted in the settlement of his accounts. 30. Quarter-masters will not be required to make expen- ditures immediately connected with the operation of the sub- sistence department, except for the hire of store houses, and transportation of supplies. All stationery, scales, weights and measures, for the use of the issuing commissaries; and all other expenditures, incident to the operation of that de- partment, must be paid from the fund of that department, 2. Regular and Incidental Allowances. 1. Fuel and quarters. 2. Forage. 3. Stationery. 4. Transportation. 5. Straw. 6. Camp equipage. 7. Incidental allowances. m 2 138 1. FUEL AND QUARTERS. 9E GRADES, &c. Major generals, - - Brigadier generals, - - - - Colonel, lieutenant colonel, major, judge advocate, chaplain,regimen- tal and battalion pay-masters, and every other officer having the re- lative rank of field officers, each Captain, regimental surgeon, post surgeon, and military store-keep- er, each ...... All other commissioned officers, to every two, - To each mess of six or more officers, To the commanding officer of a de- partment or separate post, and to the principal officer of each branch of the division staff, for an office, - At posts where there are less than six officers, - - Every six non-commissioned offi- cers, musicians and privates, in- cluding the authorised number of ■washerwomen and servants,____- Quarters, Fuel per month. From 1st Mav to31stOot.' From 1st Nov, to 30th April Cords. 1-2 1-2 1.2 1.2 1-2 Cords. 4 1-2 1 1-2 1 1-2 1 The allowance of fuel for the quarters of the sick, will be regulated by the commanding officer and surgeon. At all posts, garrisons and cantonments, north of the 40th degree of latitude, the allowance of fuel may be increased one fourth, during the months of December, January and February. . , Coal may be issued in lieu of wood, in proportion to the cost thereof. No fuel furnished for the use of a garrison, post, camp or cantonment, shall be removed therefroip, but by the quarter- master attached thereto: and any overplus of fuel, beyond what has been used, or may be necessary for the use of the troops at such post, camp, or cantonment, shall revert to the United States. 139 No fuel to be issued but within the month for which it is due, and no fuel or quarters to be allowed to officers whilst on furlough. , . The senior officer shall, in every instance, have the choice of quarters, in succession from the highest to the lowest grade, except in regular cantonments, when company officers shall take their stations as in camp. Quarters will not be rented for officers of the army, when there are public quarters suitable for their accommodation, at the place where they may be stationed, except in cases where the peculiar nature of their duty requires them to be stationed remote from the public quarters. This will rarely occur; and it is made the duty of the officers of this depart- ment, to keep the public quarters in suitable repair, so that their bad condition shall not be made a pretext for renting. On the arrival of an officer at a post, he shall immediately make a written requisition on the quarter-master for quar- ters, who shall, in all cases,-furnish public quarters, where there are any vacant. .11 1 • u At all posts in tke vicinity of public or Indian lands, which afford fire-wood, the necessary fuel will be provided by the troops, under the direction of the several commanding officers. Requisitions for fuel must state the number of non-com- missioned officers, musicians, privates, servants, batmen and washerwomen, for whom it may be demanded, and certified by the commandant of the regiment, garrison, or recruiting rendezvous. 2. Forage. To all horses in actual service there shall be allowed four- teen pounds of hay, and twelve quarts of oats, or in lieu of oats, eight quarts of corn per diem. Officers will be allowed to draw forage in kind, when on actual service in the field, or when under orders to hold themselves in readiness for the field, for the number of horses Ihey may actually keep in service, not exceeding the follow^ ing rates: Major Generals, - seven, Brigadier Generals, - nve> Colonels, - - - *?ur, Lt. Colonels and Majors, - - three, All other officers entitled to forage, - two each. 140 On all other duties, officers entitled to forage for three or more horses, will be allowed to draw forage in kind for two horses: all others entitled to forage, to draw in kind for one each. Officers when on furlough, or leave of absence, will not be allowed to draw forage in kind. At all posts in the vicinity of prairies belonging to the pub- lic, hay for the public horses, and oxen, will be provided by the troops, under the direction of the quarter-master of the post, or the officer commanding. 3. Stationery. To a major general, or other officer, commanding a division or department, so much stationery as may be necessary for the discharge of his public duties. To every other general officer, or officer commanding a brigade, 24 quires of paper per annum. To a colonel or other officer, commanding a regiment or battalion, 18 quires per annum. For the use of any company, whether in garrison or other- wise, 12 quires per annum, and a large company book once in five years. For the use of every other commissioned officer in the army of the United States, three quires per annum. A proportion of other stationery, at the rate of 25 quills, 25 wafers, and one paper of ink-powder, to each six quires. 4. Transportation. When officers are ordered on courts martial, temporary commands, or other duty, the following rates will govern in the allowance made to them for transportation of their bag- gage, at two dollars per hundred weight, per hundred miles. Pound$i To a Major General .... 1,000 Brigadier General - 900 Colonel, or assistant surgeon general - 800 Lieutenant Colonel ... 750 Major, Judge Advocate, Paymaster, or Chaplain 700 Captain, or regimental Surgeon - - 600 Every other commissioned officer - - 500 Cadet ----- 450 141 The most direct post route will determine the distance for which transportation will be allowed, whether the conveyance be by land or water, unless the route be designated in the order for the performance of the duty. If an officer require it, he will be allowed his transporta- tion in advance, or if he prefer it, and the amount can be ascertained, he shall be allowed "his stage fare in advance, where there is a direct stage route. In either of these cases, a certified copy of the original order, and certificates on ho- nor, that he has neither been furnished with transportation, nor money in lieu thereof, will be necessary to entitle him to the allowance. Immediately on arriving at the place to which he has re- ceived this allowance in advance, he will transmit to the Quarter-master General's office, a certificate in the following form : I certify on honor, that the route from ----to----, for which I received transportation in advance from----, at ----, has been performed. The quarter-master paying the allowance for transportation, or stage fare, in advance, will make a certificate thereof on the original order, which will remain in the hands of the officer. If the original order be not in the possession of the officer drawing the allowance in advance, the certificate will be made on a certified copy of the same : but in no case shall the original order be dispensed with, when it can be had. An advance on account of transportation, will in all cases stand charged to the officer receiving it, until a certificate of the above nature be forwarded. Officers, prisoners of war, shall be allowed for transporta- tion of baggage, from the places where they are paroled, to their respective homes, unless transportation be furnished by the enemy, or the government. Each company or detachment of seventy-eight men, shall be allowed for the conveyance of camp equipage, and the baggage of company officers, when marching with the com- panies or detachments, to which they belong, one four-horse waggon and team, or two two-horse waggons and teams. For the conveyance of the baggage of the field and staff officers of a regiment or battalion, when marching with their regiment or battalion, one two-horse waggon and team. To each regimental hospital, for the conveyance of medi- cines, hospital furniture, hospital stores, and cooking utensils, one two-horse waggon and team. 142 For other hospitals and the sick, the transportation will be regulated by the commanding officer, and the attending sur- geon. No allowance will be made for transportation of baggage to officers fultiling the first order after appointment. Officers who seek and obtain transfers for their mutual con- venience, are not entitled to the allowance for transportation of baggage whilst executing the order for a change ot stations, 5. Straw. One truss of straw, weighing 36 pounds, is allowed to every two men, at the commencement ot the month. At the expi- ration of fifteen days, each truss will be refreshed with eight pounds; and at the expiration of the month the whole straw will be removed and afresh bedding of one truss will be fur- nished. The same quantity of straw is allowed to servants, or bat- men, not soldiers, and for washerwomen, in the proportion of one to every seventeen men. The allowance and change of straw for the sick in hospi- tals, will be regulated by the senior attending surgeon. At all posts in the vicinity of prairies belonging to the pub- lic, hay will be used in lieu of straw, and shall be provided by the troops. 6. Camp Equipage. General officers, 1 marque, and 1 wall tent, Field officers, 2 wall tents, The officers of a company, 2 wall tents, Medical staff' of a regiment, 2 wall tents, Military staff'of a regiment or battalion, 3 wall tents, To every six non-commissioned officers, musicians, and privates, including also the authorised number of washer- women, 1 common tent, 1 iron kettle, and 2 tin pans. 7. Incidental allowances. Every officer of the army, whose duty requires him to be on horseback in time of action, and whose horse shall be killed in battle, shall be allowed a sum not exceeding two 143 hundred dollars, on making satisfactory proof of the loss and value of the horse so killed, within one year. The proof re- quired shall be the affidavit of the quarter-master of the corps to which the owner may belong, or of two other credible wit- nesses. Officers attending general courts martial, either as mem- bers or witnesses, will be paid for each day occupied in tra- velling to, attending on, (the number of days which the court is actually in session) and returning from said court, one dollar per day to those entitled to forage, and one dollar and twenty-five cents per day to those not entitled to forage. The allowance for travelling to and returning from the post where the court may convene, to be estimated computing at the rate of thirty-miles per day. Citizens who attend courts martial as witnesses will be al- lowed the transportation of a lieutenant, and three dollars per day for the time occupied in travelling to, attending on, and returning from the court, computing the travelling allowance the same as officers. No compensation to be made to officers attending courts martial, as witnesses, or members, if on duty, or on furlough, at the post or place where the court is held. Officers performing the duties of special judge advocates to general courts martial will be paid one dollar and twenty- five cents per day for every day they may be necessarily em- ployed in the performance of said duties. A reward of thirty dollars, will be paid to any person who may apprehend and deliver to an officer of the United States' army, a deserter from the said army. Rewards thus paid will be reported by the disbursing officer to the officer com- manding the company to which the deserter may belong, for stoppage on the muster rolls. Non-commissioned officers, musicians and privates employ- ed at work on fortifications, in surveys, in cutting roads, and other constant labor, for a longer period than ten days, will be paid fifteen cents and allowed an extra gill of whiskey or spirits for each day whilst so employed. This allowance to be paid by the officer disbursing the contingent expenses of the work or expedition. 144 3. Returns, Statements, and Estimates required. 1. The Quarter-master General will make to the Secretary of the Department of War, on or before the 20th day of Oc- tober, in each year, annual estimates of all monies and sup- plies, which may be necessary in his department, for the en- suing year. He will make, on the 31st day of March, and 30th day of September, in each year, semi-annual returns to the Depart- ment of War, of the distribution of all supplies furnished by his department, noting the quantity on hand, and showing their state and condition. He will make quarterly reports to the Secretary of the Department of War, of the state of the appropriation for the Quarter-master's Department, embracing the particular sums distributed to the officers and agents of the Department, the amount disbursed by each, and the sums remaining in their hands unaccounted for; and in what manner each officer and agent has performed his duty. He will, in this report, exhi- bit a statement of the bank accounts of the regular disburs- ing officers of his department, and show as near as practica- ble, the rate of exchange between the principal points of dis- bursement, and the principal towns at which their commerce centers. This report to be made on the last days of Janua- ry, April, July, and October, of each year. 2. The senior quarter-masters of the military departments, will make to the Quarter-master General, on or before the 10th day of September, in each year, annual estimates of all monies and supplies which may be necessary in their respec- tive military departments for the year ensuing. They will, at the same time, make reports of all outstanding debts of the department within their respective military departments. They will make semi-annual returns to the Quarter-master General, on the 31st day of March, and 30th day of Septem- ber, in each year, of all horses, and draught oxen, and other property of the public, which may properly belong to the Quarter-master's Department, within their respective milita- ry departments. 3. All officers of the Quarter-master's Department, and all storekeepers, agents, and commanding officers, at posts where there are no quarter-masters, will make, on the 31st day of March, and the 30th day of September, of each year, semi- 145 annual returns to the senior quarter-master in their respec- tive military departments. 4. All officers and agents in the Quarter-master's Depart- ment, and all commanding officers of posts, where there are no quarter-masters, will make and transmit promptly to the Quarter-master General, through the senior quarter-master in their respective military departments, A monthly report of persons and articles hired, or employ- ed in public service. A monthly report of non-commissioned officers and pri- vates employed on extra duty, as mechanics and laborers. A monthly return of stores received for transportation and distribution. It shall be the duty of the senior quarter-master in each military department, to collect and transmit the above re- ports to the office of the Quarter-master General, accompa- nied by his report of any failure on the part of the several officers, or agents, within his department. 5. All officers of the Quarter-master's Department, and all officers and agents making disbursements on account of the department, will make and transmit, direct, to the Quarter- master General, to be transmitted by him to the proper ac- counting office of the Treasury Department, the following returns and accounts, viz.: Quarterly returns of quarter-master's stores received and issued, supported by vouchers. Quarterly accounts current of monies received, expended, and remaining on hand on account of the Quarter-master's Department, supported by vouchers. Quarterly accounts current of monies received, expended, and remaining on hand on account of contingencies, sup- ported by vouchers. These returns and accounts to be made on the last days of March, June, September, and December, in each year. 6. They will also make and transmit, direct, to the Quar- ter-master General, immediately succeeding the close of eve- ry month, a monthly summary statement of monies received, expended, and remaining on hand. 7. All officers and agents of the Quarter-master's Depart- ment, and commanding officers of posts, where there are no quarter-masters, will make such other returns, reports, and N 146, statements, as the Quarter-master General may from time to time require. Ordnance Department. The duties of the officers of the ordnance department will consist in providing, distributing and preserving the va- rious articles coming under the denomination of ordnance and ordnance stores, and in supplying the troops, posts and garri- sons, conformably to the regulations, and according to the exigencies of the service. Under the general denomination of ordnance and ordnance stores, will be comprehended : 1. Cannon, howitzers and mortars, for the land service, gun carriages and their equipments, caisoons, travelling forges, pontoons and their carriages, and all machines and apparatus, destined to the service and manoeuvres of artillery in gar- rison and in the field, together with the materials for their construction and repairs. 2. Small arms and accoutrements for the artillery, cavalry, infantry and riflemen. 3. Ammunition for cannon and small arms, and all stores of expenditure, for the service of the artillery. 4. Materials, utensils and stores for the laboratories. 5. Intrenching and miner's tools, armorer's tools and artifi- cer's tools of every description, required for the use of the army. Ordnance stores may be provided by purchase, fabrication or contract, as may be judged most advantageous to the pub- lic service, but no contracts can be considered valid, except such as shall be made by the chief of the ordnance depart- ment, under the direction of the Secretary of AVar. The artillery for field service will be distributed into divi- sions and sub-divisions. Each company of the corps of artillery, serving in the field, havino- attached to it six pieces of ordnance and the proper allotment of stores, will constitute a division of. artillery. The six pieces of ordnance allotted to a division, shall con- sist either of four pieces of cannon of the same caliber, and two howitzers, or of six pieces of cannon, all of the same cali- ber. 147 A sub-division of artillery will consist either of two pieces of cannon of the same caliber, or two howitzers. To ensure greater simplicity and uniformity, in future, in the calibers and patterns of cannon, &c. the cannon, howit- zers and mortars, to be provided hereafter for the land ser- vice, will be as follows: For the field- Cannon, 4 Ditto 12 ditto, Howitzers, < ft f ",n (.Medium 18 ditto. (. ° lncn> For sieges, (including, also, field pieces of the foregoing descriptions:) If 8 inch, Mortars, < 10 do. (.13 do. For the fixed batteries on the seaboard and forts in the interior, (including, also, field pieces of the foregoing descrip- tions :) Cannon, heavy 24 pounders. All ordnance to be provided hereafter of any of the natures and calibers above expressed, are to be invariably of the same pattern ; and it will be the duty of the ordnance department to adopt proper measures for ensuring uniformity in the ord- nance hereafter, by gradually abolishing and replacing the guns of other calibers than the foregoing, which have been introduced into the service, as well as guns of patterns differ- ent from those which have, or may be established, so as even- tually to bring all the guns of any one caliber to a uniform pattern. Whenever guns of a larger caliber than 24 pounders shall be demanded for the fixed batteries on the seaboard, or the forts in the interior, it shall be the duty of the ordnance de- partment to provide cannon of such calibers and patterns as may be eventually established for the naval service. To guard against the embezzlement of ordnance stores, the Mortars, jlS^ 148 articles shall, as far as practicable, be distinctly and perma- nently marked, previously to their being sent from the arse- nals, so as to identify them, as being the public property of the United States. r r J Whenever any person, in the military service of the Unit- ed States, shall fraudulently sell, or otherwise dispose of any arms, ammunition or other ordnance stores, or convert the same to his own use, or deface their marks, for the purpose of concealing them, or wilfully waste and destroy them unne- cessarily, it shall be the duty of any military officer, to whom the facts shall be known, or credibly reported, to communi- cate the circumstances to the ordnance office, at"the seat of government. Whenever a commissioned officer shall receive from any arsenal or depot, or otherwise obtain, or be possessed of, any swords, pistols, rifles or other small arms or accoutrements. the property of the United States, for his personal use, and service, it shall be the duty of the ordnance department, (credible evidence thereof appearing,) to charge against such officer the value of such arms, at the contract, or other just price of the same, and shall transmit to the office of the pay- master general, a copy of such charge, to the intent that the amount may be stopped from the pay of such officer. When it shall become necessary, or expedient to sell any arms, timber, gun-powder, or other ordnance stores, whether on account of their being damaged, or the inconvenience of their removal, or for any other valid reason, it shall be the duty of the officer in command, or having charge of the same, to cause a survey to be taken by two or more commissioned officers, one of whom to be of the ordnance department, if convenient, or by two or more respectable inhabitants, in the absence of officers, who shall make an accurate account and schedule of the articles proposed to be sold, and report their state and condition, together with their own opinion of the expediency of their being sold, with their reasons therefor, pro or con, which survey and opinion shall be transmitted to the ordnance office, at the seat of government, whereupon an order may be sent to dispose of such stores, it being under- stood that the sales in such cases shall be made at public ven- due, with suitable previous notice, unless otherwise expressly directed. The marks in such cases must be cancelled or ob- literated, previously to the sale. 149 Any general officer may change the route or destination of any ordnance or ordnance stores, issued on his own requisi- tion, or on that of any officer under his command : in other cases, no general or other officer will be permitted to vary the route, or divert the whole or any part of a convoy of ord- nance stores from the destination given to it by the ordnance department—cases of extreme danger and necessity being alone excepted. When several companies of artillery shall be assembled permanently in garrison, the officer highest in rank among the conductors of artillery, shall have the special charge and cus- tody of the ordnance and ordnance stores, and shall keep the accounts of their expenditure. He will be aided in that duty by the other conductors of artillery. The quarterly returns of ordnance and ordnance stores, for the garrison, will be Krepared under his direction, and be signed and transmitted y him. It is to be understood, the charge and custody of all ord- nance and ordnance stores, (except small arms and accoutre- ments,) and the task of preserving and accounting for the same while in actual use and service, belongs to the officers of artillery, and the conductors of artillery ; and such charge and accountability will not cease, until such ordnance and ordnance stores shall have been regularly returned to the ar- senals or depots, or shall have been regularly delivered over to an ordnance officer, acting with an army in the field, and stationed in charge of the main depot of the artillery of re- serve belonging to such army.. At posts and garrisons where no regular conductor of ar- tillery shall be serving, nor can be obtained without great loss of time, or manifest inconvenience, the commanding officer, if he shall judge it to be necessary, for the good of the ser- vice, may select and recommend a suitable person, not belong- ing to the army, to serve as an ordnance storekeeper, whose duties shall be similar to those of a conductor of artillery in garrison. To ensure despatch and regularity, the recommen- dations may be transmitted, in the first instance, to the ord- nance office, at the seat of government. Should such recom- mendation and selection meet the approbation of the Secre- tary of War, and the person so reeommended be appointed as a storekeeper, he will be considered entitled to the pay and emoluments of a conductor of artillery,, from the period k 2 150 he may have entered upon the duties. Storekeepers so ap- pointed, will be always considered subordinate to the regular conductors of artillery, and not subject to be removed from the station to which they have been assigned. Any officer of the ordnance departmnet who may be attach- ed to an army in the field, shall be stationed at, and have the principal charge and direction of the main depot of ordnance and ordnance stores, for the supply of such army. Orders and requisitions for ordnance and ordnance stores, shall re- gularly be transmitted to him, through the commanding gene- ral, or the senior officer of artillery, acting with such army: with the latter, the officer of the ordnance department, hav- ing charge of the depot, will constantly correspond, so as to ascertain the actual and probable wants of the army, relative to his department, and be prepared to furnish all supplies at the shortest notice. He will also correspond with the ord- nance office, and with the officers of that department, at the nearest arsenals and laboratories, so as to anticipate, if possi- ble, and provide for all the wants of the army, in his depart- ment. He will, at the depot, cause the gun carriages to be put in order and repaired, the cannon to be remounted, the ammunition to be provided and prepared, the ammunition waggons to be replenished, the damaged arms and accoutre- ments to be taken care of, and undergo the necessary repairs. For these purposes, he is not only to be furnished with all proper aid by the commanding general, but is to employ any extra aid of artificers, armorers, and laborers, which the ser- vice may require. The general commanding will, from time to time, commu- nicate to him such instruction and information as may be deemed proper, and will indicate the locations and transfers of the depots, which are, on no account, to be changed, ex- cept by his orders, or from absolute necessity. Duties of the conductors of Artillery. The conductors of stores attached to the divisions or com- panies of artillery, aided., when necessary, by a trusty non- commissioned officer for each division, will have charge of, and be accountable for, the ordnance and ordnance stores, attached to their respective divisions, in camps, on marches, and in detached posts. The drivers, harness, and horses of the artillery, will also be under their particular charge. 151 Besides the ordnance, ammunition, and stores, appropria- ted to each division of artillery, the senior officer of that corps, in command with the army, "will apportion to the respective divisions, according to his judgment, the spare arms, ammu- nition, &c. destined for the infantry ; also the artificers', in- trenching, and miners' tools, the laboratory stores and uten- sils ; the spare gun carriages, equipments, &c. At the peri- ods of such distributions, inventories ought to be taken by the conductors of stores of every thing attached to their respec- tive divisions. Suitable books are to be furnished by the ord- nance department to the conductors of stores, to enable them to keep their accounts. The conductors of stores will issue ammunition and stores of expenditure for their respective divisions, on the orders, written or verbal, of the commanding officers of the respec- tive divisions, or on their own responsibility. No receipts shall be exacted on such issues, but the quantities and kinds of articles delivered, shall be entered in the books of accounts of the conductors of stores, together with the name of the officer ordering the same. Ammunition and stores are not to be delivered by the conductor of one division for the use of another, except by the order of a general officer, or of a field officer of artillery on the commanding officers of the post. In such cases, besides the proper entries in the books, receipts for the articles shall be passed. The conductors of stores will receipt to the officers of the ordnance department for all ordnance, ordnance stores, arms, accoutrements, ammunition, &c. received from the arsenals and depots, and keep correct accounts of their expenditure. Quarterly abstracts of these accounts are to be transmitted to-the ordnance office, exhibiting the species of articles receiv- ed, those remaining on hand, and those expended or delivered over. The conductors of stores will, from time to time, as oppor- tunities may offer, and under the direction of the senior offi- cer of artillery in command, disencumber the divisions of the empty ammunition waggons, carriages needing repairs, damaged arms, &c, and, in general, of all ordnance and ord- nance stores which may be deemed unserviceable or super- fluous ; which are to be sent either to the depot, or an adja- cent arsenal, and delivered to an officer of the ordnance de- partment, who will receipt for the same. 152 The conductors of stores will keep the senior officer of the corps of artillery in command, acquainted with the state of the ordnance and stores of their respective divisions, in order that prompt measures may be taken to obtain from the depot or neighboring arsenals, the requisite supplies. Musket cartridges and flints, shall be issued by the conduc- tors of stores, on the orders of the commanding officcr, or of any general officer; if to regiments, by the requisitions of the colonels or other field officers commanding them ; if to de- tachments, by the requisitions of their commanding officer; if to posts or garrisons, by the requisitions of such persons as may be designated by the orders. Intrenching and artificers' tools, &c, shall be issued on the requisitions of the officers respectively commanding the work- ing parties, to whom tickets shall be furnished,-containing lists of the tools delivered; the same tickets to be handed to the relieving officers, and finally, to be returned with the tools on the discharge of the working parties. In case of loss or damage, beyond ordinary wear and tear, it shall be the duty of the conductors of stores to report to the commanding offi- cer, in order that the loss or damage may be made good. Regulations relative to the distribution of small arms and accoutrements, and the mode in which they are to be account- ed for. Small arms and accoutrements shall, in time of peace, be issued from the arsenals and depots only on the requisitions of the colonels or other field officers actually commanding the regiments, and the officers superintending the recruiting ser- vice for each regiment, battalion and corps; which requisi- tion shall not exceed the effective strength of the regiments respectively, and of the recruits to be raised. The receipts of the colonels, &c, shall be given for the arms, &c, when delivered to an officer of the regiment appointed by him to receive them ; which receipts shall be transmitted to the ord- nance office, where an account shall be opened with each regi- ment, for arms, &c, and the commanding officer of the regi- ment shall be held strictly accountable, during his command, for the arms, &c, charged to the regiment; and shall trans- mit quarterly returns to the ordnance office, by which he shall strictly account for the arms delivered to the regiment; 153 failing whereof, his name shall be reported to the second au- ditor of the Treasury Department, for further inquiry. Du- plicates of such quarterly returns shall regularly be entered in the regimental book, and a particular inspection and ex- amination be made, in the event of a change of command. The colonels shall distribute to the captains or subalterns commanding the companies, the arms, 8cc, received for the use of the regiment, taking their receipts for the same; and shall particularly see that the arms, &c, of each company be strictly accounted for afterwards in the inspection returns. The captain or subaltern, commanding a company, shall distribute to the non-commissioned officers and privates, the arms received for the company; the distribution must be witnessed by a non-commissioned officer of the company, and be recorded in the company book, as conclusive evidence to hold the soldiers accountable for the arms, &c, so distributed. Surplus arms may be returned, if in good order, to the con- ductors of stores, who shall grant receipts to the colonels for the same, which receipts, being transmitted to the ordnance office, by the colonels, the regiments shall respectively have credit for the arms so returned. In case of arms, &c, being lost or damaged by unavoidable accidents, a certificate, on honor, under the hand of a com- missioned officer, shall be furnished to the conductor of stores, distinguishing those totally lost, from such as may be merely damaged; the latter being delivered up to the con- ductor of stores, who, besides transmitting such certificate to the ordnance office, shall be bound to make further inquiry, and report the circumstances, if he have reason to distrust the accuracy of the certificate. The regiments shall, respec- tively, have credit on the books of the ordnance office, for all arms, &c, lost or damaged by unavoidable accidents. Arms damaged or lost, by negligence or misconduct, shall have their value exacted from the delinquent; for which the colonel or field officer commanding the regiment shall be res- ponsible. He shall require the captain or subalteriKcommanding a company, to charge, in the company book, to the soldiers in fault, the amount of all arras, &c, so lost or damaged, noting the same on the muster rolls, to be deducted from their pay. The damaged arms to be returned to the conductors of stores, with minutes of the amount charged for the same, specifying 154 the name of the individual to whom charged, together with that of the company and regiment; and the conductors of stores shall transmit quarterly abstracts of such charges to the ordnance office. For arms, &c, thus accounted for, as charged to. individu- als, the conductors of stores shall grant receipts to the colo- nels of the regiments, distinguishing arms totally lost, from such as may be merely damaged, which receipts being trans- mitted to the ordnance office, the regiment shall have credit for such arms. Small arms and accoutrements, for the use of the corps of artillery, shall be issued to the field officers of that corps commanding battalions, in the same mode, and subject to the same regulations, for the respective battalions, as are pro- vided above for the regiments of infantry. The component parts of the musket and accoutrements, are valued as follows, viz.: Stand of Arms. SI 25 75 3 25 1 75 4 00 2 00 Stand of arms, complete, total, 8 13 09 Accoutrements. The cartouch box and belt, "J f" bayonet, scabbard and J- as a set, the whole, < 82 50 belt, J (. brush and pricker, .... 6 ball screw, ----- 25 screw driver, - - . - - 25 Purchasing Department. 1. The Commissary General of this department, and his deputies, will purchase upon the orders and estimates of the The bayonet, ramrod, lock, stock, barrel, mounting, 155 War Department, all clothing, dragoon saddles and bridles, tents, tent poles, camp kettles, mess pans, bed sacks, and all other articles required for the public service, for the army of the United States, excepting only, such as are ordered to be purchased by the ordnance and quarter-master general's de- partments, and the apothecary general. 2. Estimates and returns will be made in duplicate, one of which shall be transmitted to the adjutant and inspector general, and the other to the commissary general of pur- chases, (at Philadelphia,) on the first day of September, an- nually. A consolidated report of these estimates and returns will be laid before the Secretary of War, on the first of Oc- tober in each year, by the adjutant and inspector general, and by the commissary general of purchases, when the defi- cient and informal returns of regiments, corps, and battalions, will be stated, and on these reports a military investigation will be ordered on the commanding officer of any regiment, corps, or battalion, so reported. 3. These estimates shall specify the company, or detach- ment, for which the clothing and camp equipage are intended, and shall designate the posts and places to which they are to be sent. 4. As all orders for the purchase and distribution of the clothing and equipments for the army, appertaining to the purchasing department, will be predicated upon the estimates of the commandants of regiments, battalions and corps, who shall be held strictly responsible for the correctness of the same, and the due transmission thereof, they shall require from the officers commanding companies and detachments of their respective regiments, battalions and corps, accurate es- timates of all such clothing, and camp equipage, as may be necessary for the supply of their companies and detachthen+s for the ensuing year, with a return of the articles on hand, and a report of their condition. 5. The articles purchased by the Commissary General and his deputies, shall be carefully packed, and legibly marked with the name of the place or places where they are to be sent, and that of the company or detachment for which they are intended, accompanied by duplicate invoices of the arti- cles contained in such packages, and shall be delivered to the issuing commissary, or nearest military storekeeper. 156 6. For the purchases made by the Commissary General, and his deputies, quarterly accounts and vouchers shall be forwarded to the second auditor of the Treasury Department, agreeably to such forms as shall be prescribed, and, to the Secretary of War, monthly summary statements of the pur- chases. 7. For the delivery of the articles purchased by the Com- missary General, and his deputies, the receipts of the issuing commissary, or military storekeeper, shall be the voucher, which will accompany his accounts of purchases, as above directed. 8. When the Commissary General, or his deputies, shall have delivered the articles purchased by him or them, to a military storekeeper or issuing commissary, he or they shall notify the Quarter-master General, or his deputy and assis- tants that transportation will be required, stating the time when the articles must be delivered at their destination. When the articles are received by the Quarter-master's De- partment, the officers of that department who furnish the transportation, shall be held strictly responsible for the safe and speedy transit of the same. 9. The clothing department is subject only to the orderB of the War Department and the commissary general of pur- chases. When by accident or casualty, the clothing is lost before it arrives at its proper destination, the Commissary General or his deputies, on a report of the fact, shall, with the least possible delay, furnish a duplicate supply, and de- liver the same to the nearest issuing commissary, or military storekeeper. The Commissary General will exercise his discretion and judgment in making contracts for the supply of clothing, and of all such articles as must be furnished by the purchasing department. The contracts proposed to his deputies, shall be submitted to him, and must abide his decisions. He will judge of and decide upon the price and quality of the clothing, and of all such articles as he may be ordered to purchase. For any delinquency or error in the discharge of this duty, he will be held strictly responsible. 157 Duties of Issuing Commissaries and Military Storekeepers. 1. Issuing commissaries and military storekeepers shall be held strictly responsible for the safe keeping of all the arti- cles delivered to them. 2. They shall cause to be forwarded to their respective places of destination, all parcels delivered to them by the Commissary General and his deputies, and for that purpose shall, when necessary and practicable, require of the Quarter- master General's Department transportation for the same, and when transportation cannot be procured from the Quar- ter-master's Department, they shall be authorised and are hereby required to provide the same. The voucher for the delivery of the articles by the issuing commissary or military storekeeper, ordered for transportation, shall be the receipt of the carrier, of which triplicates shall be taken; one to be forwarded to the officer commanding at the post to which the articles are directed, one to accompany his*accounts to the second auditor, and the other to be given to the person hav- ing charge of the articles transported. 3. When, by accident or casualty, the clothing is lost or damaged before it arrives at its proper destination, it shall be the duty of the military storekeeper, or issuing commissary, under whose direction such clothing was forwarded, imme- diately to collect the facts and circumstances attending all such losses or damages, and promptly to report these, in du- plicates, to the Secretary of War and Commissary General, or deputy commissary, by whom the original purchase was made. 4. Issuing commissaries and military storekeepers shall keep an account of all articles of public property by them received and delivered, and shall render their property ac- counts to the second auditor of the Treasury, with their cash accounts quarter yearly, agreeably to such forms as shall be prescribed. In all cases, when stores are forwarded by an issuing commissary, or military storekeeper, he shall require from the officer to whom they are consigned, a receipt for the same, which shall be sufficient to entitle him to a credit for such stores in the settlement of his accounts. In all cases of transportation, an invoice of the articles transported shall accompany the same, and a duplicate thereof o 158 be forwarded by mail to the commanding officer for whom they are intended. Distribution of Clothing, tifc. On the receipt of the articles by the officer for whose com- pany or detachment they are intended, and on examination or inspection of the same, he shall forward duplicate receipts therefor, one to the issuing commissary or military store- keeper from whom they were received, and the other to the second auditor of the Treasury Department, with which he will be charged and held accountable, for the distribution of which, according to law and regulations, he will render quar- terly accounts and vouchers, agreeably to such forms as shall be prescribed. Every officer commanding a company or detachment, upon the receipt of clothing, shall immediately cause an examina- tion or inspection to be made of the same, by one or more officers, or other proper persons, who, in case of a deficiency, either in quality or quantity, of the articles specified in tire invoice, shall make duplicate reports of such deficiency, one of which shall be transmitted to the Secretary of War, and the other to the issuing commissary, or military storekeeper by whom the clothing was forwarded. He shall keep a company book, in which he shall cause to be entered a correct account of all articles received and is- sued for the use of his company or detachment, opening in said book, with each man of' his company or detachment, a separate account, charging him with all articles to him de- livered. If upon an inspection, it shall appear that a soldier has lost or sold any article of his clothing, or of his arms, the article is to be supplied, and the price deducted from his wa- ges. All extra clothing shall be charged to the soldiers receiving it, and the amount thereof deducted from their monthly pay. Accounts of these charges and deductions shall be regularly kept in the company books, and the amount due from each sol- dier shall be stated on the muster rolls, and sliall be, by the paymaster, deducted on the next payment. ' When a soldier of the regular army has clothing due at ,the time of his discharge, he shall receive pay from the regi- 159 mental or battalion paymaster for the same, according to the annual estimated value, for such authorised articles of uni- form. Pay Department. Regimental and battalion paymasters, in addition to the re- gular and punctual payment of regiments and corps, are to be considered district paymasters, and make individual, and such other payments as may be regularly required of them within their departments. To ensure punctuality and responsibility, correct reports shall be made to the Paymaster General once in two months, showing the disposition of the funds previously transmitted, with accurate estimates, for the next payment of such regi- ment, garrison, or department, as may have been assigned to each; and shall, at the same time, render his accounts and vouchers of the last payment to the second auditor of the Treasury Department, through the Paymaster General. If the statements of expenditures thus made, are found correct, and the estimates are approved and signed by the Paymaster General, funds will be transmitted for the next payment. Whenever paymasters shall fail to transmit estimates, and render their accounts and vouchers to the Auditor, through the Paymaster General, for settlement, the provisions of the law will be enforced, and the army relieved from such em- barrassment. Generals commanding divisions, officers commanding mi- litary departments, and all officers while in the actual com- mand of permanent posts and garrisons, separate from the stations of commandants of departments, which subject them to the additional expense of independent commands, are al- lowed double rations. The pay account in which such charge is made, must be supported by the officer's certificate, stating the post or gar- rison, and that he was actually commanding during the time charged. No regimental or battalion paymaster will make payment of any supposed arrears of pay, or bounty to soldiers dis- charged by the civil authority. The time3 for regular musters and inspections of troops, 160 at the several posts, and hospitals and infirmaries, will be communicated to the paymasters assigned to pay the same, by the commandants of departments; when this is distinctly known, there can be no excuse for neglect in the paymasters; and all deficiencies will be promptly reported to the Office of the Adjutant and Inspector General. No Paymaster will issue due bills for the pay of the troops, nor take receipts where payment has not actually been made ; and if any paymaster, or other officer, shall, either directly or indirectly, be accessary to the purchase of any non-com- missioned officer's, musician's, or private's certificate, or evi- dence of pay due, such certificate, receipt, or evidence of pay, will not be received as a voucher, in settling pay ac- counts at the second auditor's office; and on proof of the fact, such officer shall be dismissed the service. Regimental and battalion paymasters will regularly pay all stewards, wardmasters, nurses, attendants, and patients, on the proper musters, and inspections for that purpose, at the established hospitals and infirmaries within the district or departments assigned to them. MEDICAL DEPARTMENT. Surgeon General. The Surgeon General shall be the director and immediate accounting officer of the Medical Department. He shall is- sue all orders and instructions relating to the professional duties of the officers of the medical staff"; and call for and receive such reports and returns from them as may be requi- site for the performance of his several duties. He shall receive from the assistant surgeons general and the medical directors of armies, districts, and departments, confidential reports relative to the condition of the hospitals and infirmaries, the character and conduct of the surgeons and mates, the state of their books and accounts, the medi- cal topography of the several posts and stations, the nature of the prevailing complaints, their probable causes, and the treatment adopted. He shall receive from every surgeon, and mate performing the duties of surgeon, quarterly reports of sick, with such remarks as may be necessary to explain the nature of the diseases of the troops, the practice adopted, and the kinds 161 of medicines and stores required ; together with a copy of the entries made for the quarter in the book kept for the di- ary of the weather, accompanied with suitable observations. He shall receive from every surgeon and mate, having charge of public property of any description for the use of the sick, duplicate semi-annual returns of the same in the form and manner prescribed; and also annual requisitions for the supplies required for each hospital, regiment, post, or garrison for the ensuing year; and transmit them with his remarks and instructions to the Apothecary General, accom- panied with a statement, to be obtained from the Office of the Adjutant and Inspector General, of the probable number of troops to be stationed at the several posts, &c. for which they are made. He shall receive from the Apothecary General and his as- sistants, duplicates of all invoices of supplies put up for, and delivered or forwarded to, the several surgeons and mates; and also a return of the several articles purchased, with the price or average price of each. He shall examine the returns and accounts of the surge- ons and mates; see that proper vouchers are sent for articles issued, and that the quantities expended with the sick are agreeable to the numbers on the sick reports, and the nature of their complaints: if so, he shall certify it, and at the end of each year, and oftener if necessary, send the returns and accounts thus certified to the office of the second Auditor for final settlement. If he does not receive proper vouchers for issues, and satisfactory evidence that articles so reported have been lost or destroyed by unavoidable accident, he shall forthwith obtain the necessary documents from the person making the return, or transmit the amount to the office of the second Auditor, to be charged to his account. If upon com- paring the returns with the reports of sick, there appear to have been any improper expenditures of medicines or stores either in quantity or quality, he will require an explanation thereof from the person making the return; and if necessa- ry, direct the assistant surgeon generator the medical direct- or to examine the books and accounts of said person, and to ascertain how and why such expenditures have been made? and the amount of any articles proven to have been improper- \y applied will be charged in the office of the second Audi- 162 tor, to the account of the person who has thus misapplied them. He shall keep a register of all the medical officers in ser- vice, in which shall be recorded the dates of their appoint- ments, promotions or transfers, the post.and stations at which they have been on duty, and for what length of time at each place, the furloughs they may receive, by whom and for what length of time they were granted, and the time of their re- turn to duty ; he shall also enter in this register his remarks on the several reports and returns made to him, together with the substance of the confidential reports of the assistant sur- geons general and medical directors, as well as of all other communications he may receive relating to the character, conduct and professional qualifications of the surgeons and mates, keeping a regular file of the original documents, and submitting the whole from time to time to the examination of the Secretary of War. He shall make to the Secretary of War such reports and returns as may be necessary to explain all the concerns of the department under his charge; with such remarks relative to improvements in practice and police, and to the clothing, subsistence, &c. of the army, as may seem to be required for the preservation of health, the-comfort and recovery of the sick, and the good of the public servitec. Assistant Surgeons General. The assistant surgeon general shall be the medical inspect' or for the division, district, department or army to which he is attached. It shall be his duty to inspect the hospitals and infirmaries under his charge, according to the instructions he may receive from the Surgeon General; to ascertain the manner in which each officer performs his duties ; to see that the necessary supplies are received for the sick; that they are of a good quality, and that they are properly expended. He shall strictly examine the case books, prescription books, and diet books of the surgeons and mates, and from them ascertain the nature of the diseases that have prevailed, their symptoms, the practice adopted and the result; and hence judge of the professional abilities of the attending surgeon, and ascertain that the quantity and quality of the stores 163 and medicines used are conformable to the nature and dura- tion of the complaints. From an examination of the book containing the diary of the weather, medical topography of the station or hospital, account of the climate, complaints prevalent in the vicinity, &c. and from suitable inquiries concerning the clothing, sub- sistence, quarters, &c. of the soldiers, he will discover, as far as practicable, the probable causes of disease, and recom- mend the best means of preventing them; and also make such suggestions relative to the situation, construction, and economy of the hospitals and infirmaries, as may "appear necessary for the benefit and comfort of the sick, and the good of the service. He shall examine the books and accounts of the steward ; see that his issues of hospital stores and furniture agree with the diet books and written orders of the surgeons and mates, and that he has kept a correct account of the number of ra- tions drawn, agreeably to the register and muster rolls of the hospitals. Ascertain also that the wardmaster keeps a strict account of the bedding, furniture, cooking utensils, &c. re- ceived for the use of the hospital; of the articles lost, worn out or destroyed by order; and also of the clothing, arms, and equipments of every patient admitted, and that they are disposed of agreeably to the regulations on that subject; and that he pays due attention to enforcing the police prescribed, and to the order and cleanliness of the patients, wards and kitchens. He.shall make to the Surgeon General at such times as he may direct, confidential reports, containing all the informa- tion he may obtain concerning the character, conduct, and at- tention to'duty, of the several surgeons and mates; the or- der and condition of their hospitals and infirmaries, and the state of their books and accounts ; with such remarks relative to the causes of diseases, the best means of prevent- ing them, their symptoms, and the treatment adopted, as ap- pertain to the report of a medical inspecting officer. Apothecary General and his Assistants. The Apothecary General and his assistants shall purchase all medicines, hospital stores, surgical and other instruments, books, and dressings, required for the public service of the 164 army. The articles so purchased, shall be carefully packed under their direction, and by them delivered either to the surgeons or to a military storekeeper, or to a quarter-master for transportation, to the places of their destination and use; and all parcels so packed shall be legibly marked with the name of the place to which they are to be sent, or of the re- giment or corps for which they are intended, and accompa- nied with an invoice of the articles contained in them, a du- plicate of which shall be forwarded to the Surgeon General. They shall make no issues but upon the annual requisitions or estimates received from the Surgeon General, except in extraordinary cases, as the marching of a detachment, the ar- rival of a greater number of men at a post than had been esti- mated for, the loss or miscarriage of any articles, unusual ex- penditure from a sickly season, Sfc. All which issues shall be regulated by the standard supply table, and made upon the requisition of the attending surgeon, countersigned by the commanding officer. They shall compound and prepare such medicines as may be thought necessary for the good of the service; cause suit- able medicine chests to be constructed, according to the di- rections of the Surgeon General, and furnished to the several hospitals, regiments, posts and garrisons. They shall make quarterly returns of their purchases to the second Auditor, accompanied with invoices of the arti- cles purchased, for which they shall be charged ; and nothing will exonerate them from such charge, but the receipt of a surgeon, military storekeeper, quartermaster, or other person authorised to receive supplies of this nature, or a certificate on honor, for what may have been expended in the apothe- cary's department, stating for what purpose. If articles be- come damaged or unfit for use, they will not be taken off the books of the second Auditor to their credit until sold by order of the War Department. Thev shall make an annual return to the Surgeon Gene- ral, on the 30th of September, of the medicines, instruments, hospital stores, books, dressings, bedding and stationery pur- chased by them, with the price, or average price of each ; and also a return of the articles remaining on hand at that time. The assistant apothecaries general will purchase, receive, and issue whatever articles the Apothecary General may deem necessary to have purchased or issued in their respective dis* tricts, making returns of the same to him. 165 Surgeons attending General Hospitals. The senior surgeon shall be ex officio medical director and inspector of hospitals for the army or district to which he is attached. He shall enforce the rules and regulations given for the government and direction of the surgeons and mates ; examine, and if he approve, countersign all requisitions upon the Apothecary General or his assistants, except that made on the 31st of December, for the ensuing year; and as in- spector of hospitals, he shall perform all the duties required of the assistant surgeon general. The surgeon attending a general hospital shall observe the instructions of the assistant surgeon general, and of the me- dical director in every thing relating to the hospital under his charge; superintend its construction, government and police, and be held responsible for the manner in which the subordinate officers perform their respective duties. He shall keep a register of all patients admitted into his hospital, in the form and manner prescribed. He shall receive, and carefully preserve, the descriptive list of each individual, noting on it any payments made, or clothing issued to him while in hospital. Should any surge- on or mate send patients to his hospital without the report required by the regulations, and certified copies of their des- criptive lists, or should they be sent by any officer of the line without their descriptive lists, it shall be his duty forth- with to demand them, and if they be not sent within a rea- sonable time, or some good cause given for the neglect, he shall immediately apply to the commanding officer for the arrest of such delinquent on the charge of disobedience of orders. He shall keep a case book, prescription book, and diet book, in which shall be daily recorded the symptoms in every im- portant case, together with the medicines and diet prescribed; and these shall serve as a guide to the assistant surgeon or apo- thecary in delivering the medicines, to the steward in distribut- ing the stores, and for the information of the medical inspector. He shall keep a diary of the weather in the form and manner prescribed, noting every thing of importance relating to the medical topography of his station, the climate, complaints prevalent in the vicinity, &c. and also an orderly book, in which shall be transcribed all orders concerning, or any ways relating to the Medical Department. — 166 He shall divide his hospital into as many wards as he may have medical attendants, and every morning, at as early an hour as practicable, visit each ward, prescribe himself in all important cases, and consult with the attending surgeon; and in the evening inquire of the resident surgeon the state of the sick, and.again visit such as may require particular atten- tion. He shall as far as practicable, assign appropriate wards to the patients according to tire nature of their complaints ; be careful that the wards are well ventilated, and the patients not too much crowded ; by a rigid attention to police, pre- vent, if possible, the origin of contagion, and should it apptar, make every exertion to counteract it by enforcing personal cleanliness, and by frequent changes of linen, bedding, &c. He shall prescribe such rules and regulations as he may think necessary for the direction of the attendants, and the order, cleanliness, and convenience of his patients; and cause thenr to be printed or written in a legible hand, and hung up in some conspicuous place in each ward. He shall, from the descriptive lists in his possession, make regular muster rolls of the patients in his hospital, and also of his stewards, wardmasters, cooks, nurses, and matrons,in the form prescribed, for the examination and certificate of the in- spector general, or officer acting as such, as in other cases of muster and inspection for payment. He shall see that his steward makes out correct returns for rations, agreeably to the number of patients and attend- ants present; direct what part of the rations shall be retained, and sign the requisitions. In lieu of the rations or parts of rations retained, he shall make requisitions upon the deputy commissary of subsistence, for such supplies of vegetables, poultry, milk, &c. as he may think necessary for the use of the sick : Provided, That the cost of the articles so purchased, does not exceed the value of the rations and parts retained, estimating the whole ration at 20 cents. He shall once a month examine the books and accounts of his steward and ward master; see that the hospital stores have been properly applied, that the arms, clothing and equip- ments of the patients are cleansed, numbered, marked, regis- tered and deposited in the wardmaster's room, and that a regular account is kept of the furniture, bedding, &c. in use 167 in the hospital*; and if any attendant or patient shall be con- victed of wilfully destroying or purloining any article of pub- lic property, the amount of its value shall be charged to him by the surgeon, on his descriptive list, and deducted from his pay at the next payment; and it shall be the duty of the sur- geon to prosecute any citizen who may buy or receive public property of any description from any one attached to the army, agreeably to the law on that subject. Assistant Surgeons to General Hospitals. The assistant surgeons shall obey the orders and instruc- tions of the senior surgeon; see that subordinate officers at- tend strictly to their duties, and aid in enforcing the regula- tions of the hospital. Each assistant shall accompany the surgeon in his morning visit to the ward assigned to nis particular charge, make the proper entries in the case book, prescription book and diet book, and from the latter till up the diet table for the day; in the evening he shall again visit his ward, and, if necessary, report to the surgeon. He shall be responsible for the proper distribution and ad- ministration of the medicines prescribed, for the manner in which the wardmaster and nurses perform their duties in his own division, and that the patients conform to the prescribed regulations. One of the assistant surgeons shall be detailed daily to re- side within or near the hospital, at all hours of the day and night; he shall prescribe in urgent cases, examine such pa- tients as may be sent to the hospital, see that they are regu- larly entered in the register, that their descriptive lists are tiled, and if they do not bring them, report it forthwith to the surgeon, that the wardmaster takes charge of their clothing, arms and equipments, that they are washed, furnished with clean garments, and placed in their appropriate wards, and report to the surgeon the next morning, and immediately in important cases. He shall make the proper entries in the book containing the diary of the weather, and, as police offi- cers of the day, see that all the orders and regulations of the hospital are dulv attended to. One of the assistant surgeons shall take charge of the books of the hospital, viz: the register, case book, prescription book 168 and diet book, that containing the diary of the* weather, and the orderly book; and shall call at the office of the adjutant generals every day, or as often as may be convenient, and transcribe all orders relating to the Medical Department. He shall also take charge of the descriptive lists of the pa- tients, and have them regularly filed according to their com- panies and regiments or corp-i. One assistant surgeon shall take particular charge of the dispensary, instruments and medicines; keep an account of expenditures, agreeably to the prescription book ; make out the regular semi-annual returns of medicines, instruments, stores, &c, and present them to the surgeon for his examina- tion and signature. Hospital Steward. It shall be the duty of the steward to receive and take charge of all hospital stores, furniture of every description, and supplies purchased for the use of the sick; to keep a roster of the nurses and attendants, and from this and the register to make out returns for rations agreeably to the number in hospital, and present them to the surgeon for his examination and signature ; to receive and distribute the ra- tions, and to submit his books and accounts to the surgeon for examination at the end of each month. He shall issue the hospital stores and other supplies to the cooks and nurses, and enter in a book daily, the amount of each article delivered; for which the diet book and written orders of the surgeon and assistant surgeons shall be his vouchers. He shall deliver to the wardmasters such articles of bedding, furniture, cooking utensils, &c. as shall, by writ- ten orders, be directed for the use of the hospital; be respon- sible for the order and neatness of the store-room; and on no account, allow any of the patients or attendants to enter it in his absence, or to remain there longer than may be neces- sary to obtain their supplies. Wardmaster. The wardmaster sliall receive from the steward, all the furniture, bedding, cooking utensils, &c, required for the use of the hospital, and be held responsible for them. He shall i6y keep a book in which shall be recorded the articles distribut- ed to the several wards and kitchens, holding the nurses and cooks responsible for whatever he may deliver them. He shall once a week take an inventory of every tiling in use, and re- port to the surgeon whatever is missing, worn out, or destroy- ed by order ; and also the name of any patient or attendant whom he may suspect of wilfully destroying or purloining any species of public property. On the admission of a patient, he shall take charge of his clothing, arms, and equipments; see that they are made perfectly clean; that they are registered in a book, which he shall keep for the purpose, numbered, labelled with the name, rank, company, and regiment or corps of the owner, and de- posited in an appropriate apartment; and, in case of his death, he shall deliver the surgeon an inventory of the above named articles, together with any money, &c, left by him. The cooks, nurses, and attendants, shall be under his im- mediate direction, and subject to his orders. He is responsi- ble for the cleanliness of the patients and attendants of the kitchens, wards, furniture and cooking utensils. He shall call the rolls of the wards at sun rise and sun set, and report absentees; see that every patient is washed and his hair comb- ed every morning, and shaved, when his case will permit, at least thrice a week; that the wards are swept and sanded, and the beds made before the time of the morning visit of the surgeon; that the close stools and spit boxes are made perfectly clean every morning, and the pans emptied and washed immediately after being used, and partly filled with powdered charcoal and water; that the beds and bedding are frequently aired and exposed to the sun, and the straw changed once a month, and oftener if necessary; and when a patient dies, that the straw is burned, the bunk, bed sack, and bedding cleansed and returned to the steward, if not wanted in the hospital. Regimental Surgeons. The regimental surgeons shall obey the instructions of the assistant surgeon general, and the medical director; be res- ponsible for the order and neatness of his hospital or infir- mary, for the manner in which his mates and attendants 170 perform their respective duties, and for the comfort and con- venience of those sick in quarters. He shall observe all the regulations given for the surgeon attending a general hospital in relation to the register, case book, prescription book, diet book, orderly book, and that containing a diary of the weather, the medical topography of his post or station, &c. and also all those respecting the ven- tilation of his hospital, preventing, or obviating the effects of contagion ; prescribing suitable police regulations; making out muster rolls of his nurses and attendants ; signing requi- sitions for rations; directing what part shall be retained ; making returns for vegetables, poultry, &c; examining the returns, books, and accounts of his steward and wardmaster; and punishing those who wilfully destroy or purloin public property, or receive any property thus purloined. He shall receive written morning reports of sick from the orderly sergeant of each company, who shall see that those reported present themselves at the place appointed by the surgeon; and be present himself at their examination; he shall immediately report all cases of feigned sickness to the commanding officers of companies, prescribe for those who are able to remain in their quarters, and send those who re- quire it to the hospital; he shall then visit his hospital, pre- scribe himself, in all important cases, and in the evening again see those who require particular attention. Unless when specially directed, or in uncommon cases, he will send no patients to the general hospital, except his own be crowded, or he be ordered to march; when he will send all whom he may judge unable to accompany the regiment; and with them a report, in the form prescribed, stating their names, rank, &c. together with a general account of the symp- toms and duration of their complaints, and the treatment adopted; and he shall on no account neglect to obtain from the commanding officers of companies certified copies of their descriptive lists, and to transmit them, together with their clothing, arms, aud equipments, to the surgeon having charge of the hospital. He shall designate to the commanding officer those who should be allowed to ride ; or have their knapsacks, &c. car- ried in the waggons; accompany the regiment; be within call in case of accident, and at all times have his instruments and dressings ready and at hand to attend the wounded. 171 He shall accompany the officer appointed to select ground for an encampment, and as far as consistent with other arrangements, recommend such places, and that the tents be pitched in such manner, as may be best calculated to pro- tect the soldier from the inclemencies of the weather; and, when necessary, advise that the floors be raised, or other means taken to prevent the bad consequences of low and uneven positions. When his regiment is in quarters or permanent encamp- ments, he shall immediately point out, and the quarter mas- ter shall furnish a suitable place for the reception of the sick; and whenever it is practicable, he shall procure for this pur- pose some building in the vicinity, only putting his patients in tents when absolutely necessary. He shall frequently vi- sit the tents, see whether they are kept as dry as the nature of the ground will permit, and whether they are clean, and occasionally aired and struck. When in quarters he shall from time to time inspect the rooms and kitchens; so far di- rect the manner of preparing the food as he may think ne- cessary for the health of the soldiers ; examine the quality of the various parts of the ration, and immediately report to the commanding officer any defects he may discover; see that the vaults are dug at a proper distance from the camp, and frequently covered with fresh earth; and either by spe- cial reports, or in his remarks on his morning reports, make such observations and suggest such improvements upon all these points, as he may think necssary to preserve the health of the troops, and for the comfort, convenience, and recovery of the sick; and the commanding officer of his regiment shall issue such orders as he may think necessary and proper to remedy the evils and supply the defects thus reported to him. He shall report to the commanding officer of compani--, such men as are unfit for service, furnish a certificate to those entitled to pension, in the form prescribed, and accompany the inspecting officer on muster and inspection days, and see that they are mustered accordingly. Regimental Mates. When the number of patients permits, and both mates are present, the hospital shall be divided into two equal wards, 172 which shall be under the immediate direction of the respec- tive mates. They shall accompany the surgeon in his morn- ing visit; make the proper entries in the case book, prescrip- tion book, and diet book; frequently visit the hospital during the day, and report to the surgeon in the evening, and oftener in urgent cases ; attend to the preparation and distribution of the medicines ; assist in making out the proper reports and returns; see that the nurses are attentive to the sick, and regularly administer the medicines prescribed ; and that the regulations of the hospital are strictly attended to. If both mates be present, the senior shall take charge of the register, and see that each patient be regularly entered therein ; that the diary of the weather be properly kept; and that the steward and wardmaster attend to all the duties re- quired by the regulations. The junior sttall have particular charge of the medicines and instruments, and be responsible to the surgeon for their good condition ; and see that all or- ders relating to the medical department are transcribed in the orderly book. In the absence of the surgeon, the senior mate present shall perform his duties. Post Surgeons. The post surgeon shall obey the instructions of the assis- tant surgeon general and medical director; be responsible for the order and cleanliness of his hospital, the manner in which his attendants perform their duties, and for the comfort and convenience of the sick. He shall observe all the regulations given for the surgeon attending a general hospital, in respect to the books and ac- counts to be kept; the ventilation of his hospital; preventing and obviating the effects of contagion ; prescribing suitable police regulations ; making out muster rolls of his nurse* and attendants ; signing requisitions for rations, and directing what parts shall be retained, making returns for vegetables, poultry, &c. examining the books and accounts of the stew- ard and wardmaster; and punching those who destroy or purloin public property, or who receive any property thus purloined. He shall also observe all the regulations given for the re- gimental surgeon, in respect to receiving morning reports ; 173 reporting cases of feigned sickness; visiting his hospital, and prescribing for his patients; selecting a suitable place for their reception; inspecting the tents, or quarters and kitch- ens, and directing the manner of preparing the food ; exa- mining the quality of the rations ; making special reports to the commanding officer, or suitable remarks on his morning reports, upon whatever may conduce to the health of the troops or recovery of the sick ; reporting those unfit for ser- vice ; furnishing certificates for pension, attending the inspect- ing officer, and seeing them mustered accordingly. Stewards and wardmasters of regiments, posts, or garrisons. Every regimental surgeon may, with the consent of the commanding officei, aetect an active, intelligent non-commis- sioned officer, and every post surgeon, a private, who shall be permanently attached to the hospital, and act as steward and wardmaster ; and who shall observe all the regulations above given for the direction of the steward and the wardmaster of a general hospital. Citizens may be employed in lieu of soldiers, at the option of the surgeon ; if engaged for the hos- pital or infirmary of a regiment, they will be allowed six- teen dollars per month, and one ration per day; if employed at. a post or garrison, they will receive ten dollars per month, and one ration per day. Of reports, returns, requisitions, £{c. Every surgeon, and mate acting as surgeon, shall make a quarterly report of the sick to the Surgeon General in the form and manner prescribed, with remarks relative to the na- ture and symptoms of the complaints reported, the treatment adopted, and the medicines and stores most in demand ; and also transmit therewith, a correct copy of the entries for the quarter in the book kept for the diary of the weather, with his observations upon the medical topography of the post, station or hospital; the climate, prevalent diseases, and their probable causes. Every surgeon and mate, having charge of sick, shall make a monthly report to the medical director of the army or dis- trict to which he belongs ; and every one attending the sick ?2 174 of a regiment, post, or garrison, shall make a morning report to the commanding officer in the form prescribed. All surgeons attending recruiting rendezvous, will make monthly reports to the Surgeon General of the number of men examined by them, in the form prescribed. Every surgeon and mate, on being ordered to anew station, shall immediately inform the Surgeon General thereof, and also from whom he received the order; on receiving a fur- lough, he shall also report it, stating by whom and for what length of time it was granted, and report himself once a month until his return to duty. All applications of post surgeons for change of stations, shall be made to the commanding generals of divisions ; and will be immediately reported to the Surgeon General, with the reasons assigned therefor. Every surgeon and mate having charge of public property of any description for the use of the sick, shall make dupli- cate returns of the same to the Surgeon General on the 31st of March, and the 30th of September annually ; and on the 31st of December, make also, agreeably to the standard sup- ply table, duplicate requisitions or estimates of the supplies required for the ensuing year, noting the number of troops for which they are made. On receiving supplies, they shall immediately report to the Surgeon General their quality and condition; and whether the articles received, agree with the invoice of the Apothe- cary General or his assistant. The regular supplies of medicines, instruments, hospital 9tores, bedding, dressings, medical books and stationary will be purchased by the Apothecary General and his assist- ants only, agreeably to the annual requisitions of the surge- ons and mates. Whenever an extra supply is required, in consequence of the marching of a detachment, the arrival of a greater number of men at a post than had been estimated for, the loss or miscarriage of any article, unusual expenditure from a sickly season, &c. requisitions, agreeably to the stan- dard supply table, will be made for them by the attending surgeon, and countersigned by the commanding officer of the regiment, post or detachment; and if they cannot be conve- niently obtained from the apothecary general or his assistant, they may be purchased by the surgeon, or an officer of the quarter-master's department. Duplicates of such requisi- 175 tions will in all cases be immediately forwarded to the sur- geon general, and the reasons stated which rendered them necessary. Requisitions for cooking utensils, and such other articles of hospital furniture as cannot be conveniently obtained from a commissary of purchases, or a military storekeeper, will be made upon an officer of the quarter-master's department, who will furnish the articles required, the requisitions being countersigned by the commanding officer of the department, regiment or post. When a surgeon is ordered away from the medical sup- plies under his charge, he shall immediately make to the sur- geon general, a return of all articles received, expended and issued since his last regular return, accompanied with a re- ceipt in detail for the remainder, if he be relieved by a sur- geon ; but if he deliver it to the quarter-master of a regiment or post, a military storekeeper, or other person than a sur- geon, he shall, with the returns, and one of the receipts given him, transmit an invoice of the articles delivered, certified on honor, a copy of which invoice, signed by him, shall be left with the medicines, stores, &c. And when any surgeon or apothecary receives the articles thus left with a quarter- master, military storekeeper, &c, he shall in his next return state by whom they were left, as well as from whom they were received. Surgeons receiving a furlough, will be held responsible for all public property under their charge; they will therefore take duplicate receipts for the same; and if they be absent three months, they will be required to transmit to the Sur- geon General returns, receipts and invoices, as directed in the preceding regulation. Medical and hospital supplies are not to be detained or diverted from their destination, except by generals of divi- sion, and-commanding officers of departments, in cases of absolute necessity; when a report will be promptly made to the Adjutant and Inspector General, that further orders for deficiency may be given. Whenever any instruments, stores, &c. put up for and di- rected to, one post, garrison, regiment, or hospital, are by the orders of any officer, taken for the use of another, it shall be the duty of the surgeon receiving them, to report the circum- stances immediately to the Surgeon General, and to transmit ir6 to him a certified copy of the order, the reasons for which it was given, and a receipt for the articles; and also, when practicable, to notify the surgeon for whom they were in- tended, and. on the receipt of his own supplies, to furnish him with the same amount. Rules with regard to Militia Drafts. 1st. All militia detachments in the service of the United States, must be made under the requisition of some officer of the United States, (to be hereafter authorised to make such requisition,) on the executive authority of the state, or of the territory, from which the detachments shall be drawn. 2d. In these requisitions shall bo expressed the number of privates, non-commissioned and commissioned officers, re- quired, which shall be in the same proportions to each other, as obtain in the regular army. The looser method of requir- ing regiments or brigades, will be discontinued. 3d. It shall be the duty of the officer mustering and in- specting militia detachments, to make immediate report there- of to the war department, and 4th. Payment will be made through the regimental pjiymas- ter in all cases in which the corps shall be organised as a regi- ment ; and in all cases in which it shall fall short of the num- ber necessary to that organisation, by the paymaster accom- panying the army or division to which it may belong. General Regulations. Surgeons of regiments will have precedence over post sur- geons, and post surgeons will have precedence of regimental mates; in these several grades further reference will be had to date of commissions. In the choice of quarters, the me- dical staff" will have precedence of subalterns, under the di- rection of the commanding officer, who may always claim precedence of those under his command. Every surgeon having charge of a general hospital, shall appoint*his own steward, wardmaster, cooks and nurses; and if they be taken from the line of the army, it must be with consent of the commanding officer of the army, district or department. Every surgeon of a regiment, post or garrison shall, also, with the consent of his immediate commanding 177 officer, select his attendants. They shall be permanently attached to the hospital or infirmary, and exclusively under the orders of the surgeon and mates ; and shall not be re- moved, except for misdemeanor, and at the request of the surgeon, unle-s in cases of urgent necessity; and then only by the order of the commanding officer of the district, de- partment, army, regiment, post or garrison to which they belong. The following will be the allowance of attendants on a hospital, or infirmarv in ordinary cases: To a general hospital, one nurse to every ten, one matron to every twenty, and one cook to everv thirty patients: To a regimental hospital, one non-commissioned officer as a steward and wardmaster, one Cook, two matrons, and four nurses: To a post or garrison, with one company, one private, as steward and wardmaster, and two nurses, or one nurse and one matron; for each ad- ditional company, one nurse. The non-commissioned officer who acts as steward and wardmaster, to receive 20 cents'perX day extra pay, and the private employed as steward and wardmaster, to receive 15 cents per day extra pay. The matrons to receive six dollars per month and one ration per day. The allowance of quarters, fuel and straw, for the sick, and of waggons for transporting medicines, stores, furniture, &c. will be regulated by the surgeon and commanding officer or medical director; the requisitions to be made by the for- mer and countersigned by the latter. Hospital stores will be furnished only to the officers, non- commissioned officers, musicians, privates, and enlisted ar- tificers and laborers in the service of the United States; and medicines only to them and their families. Whenever a soldier is sent to a general hospital, or left in the hospitaror infirmary of a regiment, post or garrison, it shall be the duty of the officer or surgeon sending or leaving him to furnish a certified copy of his descriptive list to the surgeon taking charge of him ; who shall on the return of the soldier to duty, transmit it to the officer under whose com- mand he is put, with a certificate of any payments made or clothing issued to him while in hospital. Should a soldier leave an hospital on furlough, he shall be furnished with a certified copy of his descriptive list; should he desert, it shall be the surgeon's duty to advertise him in 178 the usual manner; and in case of his death, his descriptive list shall be preserved in the hospital for the benefit of his friends and heirs, and on it shall be stated the amount of clothing, money, &c. left by him ; and the surgeon shall in all these cases forthwith inform the commanding officer of his company or regiment of the fact* and the attending cir- cumstances; and also of the time to which those who die were last paid, and the money and effects in their possession at the time of their decease. Patients will not be removed from an hospital until report- ed by the surgeon for duty, except in cases of emergency; and then only by the order of the commanding officer of the post, regiment or army. Whenever a soldier is rendered incapable of performing military duty by reason of wounds or injuries received in in service, and while in the line of his duty, any surgeon or mate of the army, upon obtaining sufficient evidence of the fact, the time, place, and manner of its occurrence, shall fur- nish him with the necessary certificate to obrain his discharge and pension in the form prescribed ; a duplicate of which he shall in all cases forward to the Adjutant and Inspector Ge- neral. No candidate shall receive the commission of surgeon or mate in the army, who has not obtained a diploma or certi- ficate from some respectable medical school, college or socie- ty, or passed the examination of an army medical board. No surgeon of the army shall be engaged in private prac- tice. When any officer employs a citizen surgeon, he shall im- mediately inform the Surgeon General of his name and place of residence, and also cause him to be furnished with a copy of the regulations of the Medical Department. Citizens employed as surgeons will be allowed the follow- ing rates of compensation: For attending a post, garrison or detachment of one hundred and upwards, including soldiers' wives, forty dollars per month ; of from fifty to one hundred, thirty dollars per month, and for attending any number under fifty, twenty dollars per month, exclusive of medicine. When they furnish their own medicine, they shall be allowed an addition of from twenty five to fifty per cent, upon their pay, the proportion to be determined by the Surgeon Gene- ral or medical director. If engaged to accompany a regi 179 nient or detachment on a march or expedition, they will, while actually thus employed, be allowed the full pay and emoluments of a regimental surgeon's mate. They will be required to make quarterly reports of sick to the surgeon general, and morning reports to the commanding officer, in the form and manner directed for the surgeons ot the army; and when they have charge of public property of any descrip- tion, they will make returns of the same, at the times, and in the manner required by the regulations, or as often as the surgeon general may direct. Their accounts must be accompanied with a certificate from the officer employing them, of the number of men under his command, and the length of time they were employed, and also with a report of the sick under their charge; or of the_ cases that may have occurred subsequent to their last quar- terly reports. The accounts of citizen physicians for attendance upon offi- cers of the. army, will state the charge tor each visit, and be accompanied with a certificate from the physician, that they ar^- t'-.e usual charges of the place, and by one from the offi- cer that the attendance was given, that he was not on furlough during the time, and that no surgeon of the army could be obtained. SUBSISTENCE DEPARTMENT. Commissary General of Subsistence. The Commissary General of Subsistence will be stationed at Washington, and will have a general superintendence of his department. He will make all estimates of expenditure for his department; regulate the transmission of funds to his assistants; receive their returns and accounts, and adjust them for settlement. Assistant Commissaries of Subsistence. It shall be the duty of assistant commissaries of subsis- tence, or storekeepers, to receive and account in the inannes hereafter prescribed, for all subsistence stores entrusted to their charge ; and to make and transmit to the proper account- ing officer, through the office of the commissary general of 180 subsistence, all returns and accounts. They will not receive. subsistence stores from the contractors, until duly inspected, according to the terms of the contract. In case of failure on the part of the contractor, or a defi- ciency of rations, the military storekeeper, or assistant com- missary of subsistence stationed at the depot where sucli fail- ure happens, shall give immediate notice thereof to the com- missary general of subsistence ; shall, at the same time, make purchases of the necessary supplies, on the best terms pos- sible ; and will draw bills at sight on the commissary general of subsistence for the payment of his purchases. It shall be the duty of the several assistant commissaries of subsistence, or storekeepers, stationed at the depots where subsistence stores shall have been inspected and delivered, agreeably to the conditions of the contract, to give the con- tractor duplicate receipts for the same, stating at length the articles as enumerated in the contract. Assistant commissaries of subsistence, at posts which are supplied from an established depot, will make early requi- sitions (approved and countersigned by the commanding offi- cer) on the military storekeeper, or assistant commissary of subsistence, stationed at such depot; and as in general, the deliveries at depots are made quarterly, it is preferred that requisitions should be made for the same period. Subsistence stores will, however, be furnished in such quantities and at such times as commanding officers may require. Whenever it is found necessary to forward subsistence stores to an outpost, the assistant commissary of subsistence or storekeeper stationed at the depot, will require the neces- sary transportation of the Quarter-master's Department, and will forward with the supplies, triplicate invoices; two of which will be receipted and returned by the receiving com- missary, and one of them must accompany the monthly re- turn of stores received and issued. The assistant commissary., of subsistence, or storekeeper, ■will be held strictly accountable for the good condition of the supplies, when turned over to the Quarter-master's De- partment for transportation. They will be held accountable for the safe keeping and storage of all supplies entrusted to their charge ; and they will require of the Quarter-master's Department, good and sufficient storehouses for that purpose; and it will be their duty to examine frequently into the state 181 ot the stores, and to prevent damage or waste of every des- cription. J Should subsistence stores become damaged or unfit for issue, the assistant commissary of subsistence, or storekeeper having them in charge, will report the same to the command- ing officer of the post, who is hereby authorised and required to institute a board of survey, to be composed of two officers, when the service will permit; otherwise, of two respectable persons, well qualified, to act under oath ; and all stores found damaged and unfit for issue, from causes other than neglect of the assistant commissary of subsistence or store- keeper, shall be condemned and sold; the auctioneer's bill of such sale to accompany the account current, and an in- voice of the stores thus condemned, with the cause of damage, certified by the board of survey, to accompany the monthly return of stores received and issued ; and in case the board of survey be of opinion that stores have been damaged by the neglect of the assistant commissary of subsistence or storekeeper, they will make out an invoice of the articles damaged, and certify the same to the commissary general of subsistence, at Washington, who will have the amount of such damaged articles charged to the assistant commissary of subsistence or storekeeper, in his accounts with the United States. Issues to the troops will be made on provision returns sign- ed by the commanding officer of the post, agreeably to the form hereafter prescribed, and at the end of every month, the assistant commissary of subsistence will make out duplicate abstracts, which will be compared with the original returns, and certified by the commanding officer of the post, one of which abstracts must accompany the monthl}r returns of pro- visions received and issued. Issues will be made to men in hospital, on returns signed by the senior surgeon, and the costs of the component parts of the ration, drawn by the sur- geon for the sick in hospital, will be charged to them, and they will be credited by the whole return computed at twenty cents per ration; the balance found due the hospital on each return, will be expended by the assistant commissary of sub- sistence, for sucn articles of poultry, vegetables, milk, &c, as the surgeon may require, taking care that the amount ex- pended does not exceed the sum due ; the articles thus pur- chased, will be accounted for by the assistant commissary of 182 subsistence, in his monthly return, in the same manner as the other stores received and issued. Attracts for issues to the hospital, will be made out by the assistant commissary of subsistence, and certified by the surgeon in the usual form, one of which will accompany the return of stores received and issued. At all places where fresh beef can be procured for issue, the assistant commissary of subsistence will purchase, giving, if practicable, public notice for proposals, and he will enter in- to a written agreement for its delivery at the post, at such times as may be most conducive to the health and comfort of the troops, not exceeding twice a week; a duplicate or certi- fied copy of the agreement, to be forwarded to the commis- sary general of subsistence at Washington. When troops are detached to points where there is no as- sistant commissary of subsistence, the commanding officer of the post or detachment, may appoint an officer to do that duty, who will, while acting, be entitled to the additional pay of an assistant commissary of subsistence ; but as such appointments are only made to meet the casualties of service, the officer thus appointed, will not be considered on pay, alter he has ceased to perform the duties. Officers making appointments of this nature will forthwith report them to the commissary general of subsistence at Washington. Assistant commissaries of subsistence, and military store- keepers will be located by the commissary general of subsis- tence, at the several permanent depots and established posts, and they will not be removed but by orders of the command- ing general of the troops, or to the commissary general of subsistence, except when posts are evacuated, in cases of ar- rest, or when required as witnesses before courts martial; in such cases, a suitable person will be appointed by the com- mandina; officer to do that duty. The wastage on issues will be ascertained quarterly, or at such other periods, when from the small quantity of provi- sions on hand, it can be readily ascertained ; and the actual wastage thus found, will be charged in the monthly returns of provisions received and issued. The emp'y barrels and boxes, &c, will be sold by the as- sistant coinmi-sary of subsistence, and the amount accounted for in iiis quarterly account current. T,ic commanding officer of each garrison or post, where an 183 assistant commissary of subsistence or military storckeepc, is stationed, will detail a suitable non-commissioned officer or soldier, to be subject to such duties only, as the assistant commissary of subsistence or military storekeeper may re- quire. Extra issues of candles, soap, salt and vinegar, will be made on returns expressing the number of pounds, quarts, &c. The returns will not be entered in the abstract of issues to the troops, or to the men in hospital, but will form an item of themselves, and be entered in the return of provisions re- ceived and issued. Should more than one return of this de- scription be made, within the month, they will be abstracted, and the abstract will be entered in, and accompany the re- turn. Extra whiskey is usually drawn by the ration, and will be entered in the abstract of provisions issued. At distant stations, where there is a difficulty of procuring provisions, assistant commissaries of subsistence are permit- ted to sell to officers of the army, such articles of subsistence as they may require, charging them the contract price, to which must be added the cost of transportation ; the articles thus disposed of, will be entered in the monthly returns of provisions received and issued ; and the sums received in payment, will be accounted for in the quarterly account cur- rent. It is directed that monthly returns be made to this office, of all subsistence stores received and issued. The upper columns of the return, will exhibit the quantities received from contractors, assistant commissaries of subsistence, store- keepers, and of all purchases made during the month, which, when added together, will show the "total to be accounted for." The lower columns will explain the manner in which these stores have been disposed of. The issues made to the troops, to men in hospital, delivered to assistant commissa- ries of subsistence and storekeepers, condemned and sold, wastage, and the quantity on hand, which, when added, ought to correspond with the total to be accounted for. The lower column of the return must be supported by abstracts of issues, to the troops, to men in hospital, receipts of an as- sistant commissary of subsistence, military storekeepers, the certificate of board of officers, when provisions are condemn- ed, and also a certificate on honor, as to the waste which has occurred in issuing. 184 Abstracts of provisions. The total number of rations will be converted into bulk, and placed at the lower line of the abstract "quantity in bulk," according to the following table: 196 pounds of flour to the barrel, 196 pounds corn meal to the barrel, 200 pounds of pork to the barrel, 200 pounds of salt beef to the barrel, 32 gills of whiskey to the gallon, 32 quarts salt to the bushel, 32 quarts peas or beans to the bushel, and small rations at the rate of 4 pounds soap, 1 1-2 pound candles, 2 quarts salt, 4 quarts vinegar, and 12 quarts peas or beans to the hundred rations. Accounts current'—Will be forwarded at the expiration of each quarter of the year, ending 31st March, 30th June, SUth September, and 31st December. The debit side will exhibit the amount of all moneys expended in the purchase of pro- visions, and all authorised expenses. Two abstracts are re- quired, the one for all purchases made of subsistence stores, the other of all contingencies, supported by bills regularly receipted, folded to uniform size, endorsed and entered in the abstract according to date, and the amount of the ab- stract will be charged in the accounts of the quarter. The credit side will exhibit all moneys received from government or its agents, and all sums accruing from the sale of damaged provisions, empty barrels, casks, &c. A book will be kept at each permanent post and depot, ruled to correspond with the monthly return, in which will be entered all subsistence stores received, stating from whom received, and whether they were purchased and paid for; entries will also be made therein of all stores delivered to assistant commissaries of subsistence, and military store- keepers, and at the end of each month, the amount of issues to the troops, and to men in hospital, must be included, so as to exhibit a full and accurate statement of all receipts and issues: in case of removal, the book must be left at the post for the benefit of the service. The component parts of the ration are as follows: 3-4 pound of pork, or 1 1-4 pound fresh beef, or 1 1-4 pound salt beef, or 12 ounces of bacon, 18 ounces of bread or flour, or 12 ounces of hard bread, or 1 1-4 pounds corn meal, one gill whiskey, and at the rate of 4 pounds of soap, 1 1-2 pounds candles, 2 quarts salt, 4 quarts vinegar, and 12 quarts peas or beans to the hundred rations. 185 Each assistant commissary ,of subsistence, and subsistense military storekeeper, will be allowed a half cord of fuel per month, for the months of November, December, January, February, March and April, for the use of their storehouses. in addition to their individual allowances. MISCELLANEOUS RULES. Generals will appoint their own aids de camp, who must, in all cases, be taken from the subalterns of the line. Major Generals are allowed two aids de camp, and Brigadier Gene- rals one aid de camp, each. No more than three aids de camp will be taken from the corps of artillery stationed in either division, and not more than one aid de camp from a regiment. No officer shall be permitted to hold two staff appointments at the same time. The appointment of all aids de camp, and adjutants and quarter-masters of regiments and battalions, will be forthwith reported to the Adjutant and Inspector General. Whenever a storekeeper is required by the commissary general of purchases, or the ordnance department, the cir- cumstances rendering such appointment necessary will be reported to the War Department, by whom the appointment will be made, if deemed necessary. All officers, whatever may be their rank, passing through a garrison town, or established military post, shall report their arrival at such town or post, to the commanding officer, by written notice, if the officer arriving be elder in rank, and personally if he be younger in rank than the officer com- manding. All officers arriving at the seat of government will, in like manner, report to the Adjutant and Inspector General. No furlough shall be given during a campaign, but by the general commanding the district or army, and for the cause of disability, which disability shall be certified by a regimen- tal or hospital surgeon. Furloughs shall, beside expressing the term of time grant- ed 186 ed to absentees, express also an order to join the regiment, post or garrison to which they may belong. No order shall be given to officers seeking a furlough for their own convenience, which shall have the effect of entitling them to an allowance for transportation of baggage. Any commissioned officer of the army of the United States, who shall send or accept a challenge to fight a duel, or who, knowing that any other officer has sent or accepted, or is about to send or accept a challenge to fight a duel, and who does not immediately arrest and bring to trial the offenders in this case, shall be dismissed the service of the United States. No claims for extra services will be allowed on account of attendance on courts martial, whether as members or as wit- nesses, if performed by officers on furlough, or on doty, at the post or place where such court is held. All claims of allowance for extra services, and contingent accounts requiring the special sanction of the Secretary of War to the accounting officers, must be rendered within six months after the services, or expenditures, where it may h.vve been within the power of the officers to comply with the re- gulations. Medical and hospital supplies are not to be detained or diverted from their destination, except by generals of divi- sion, and commanding officers of departments, in cases of absolute necessity, when a report must be promptly made to the Adjutant and Inspector General, that further orders for deficiency may be given. Surgeons of regiments will have precedence over post sur- geons, and post surgeons will have precedence of regimental mates; in their several grades, further reference will be had to date of commissions. In the choice of quarters, the medi- cal staff'will have precedence of subalterns, under the direc- tion of the commanding officer, who may always claim pre- cedence of those under his command. Patients will not be removed from a hospital, until reported by the surgeon for duty, except in cases of emergency, and then only by the order of the officer commanding the depart- ment, post or army. Whenever a soldier is sent to a general hospital, or left in the hospital or infirmary of a regiment, it sliall be the duty 187 of the officer or surgeon sending or leaving him, to furnish a certified copy of his descriptive list. Whenever an officer employs a citizen surgeon, he shall immediately inform the Surgeon General of his name, place of residence, and also cause him to be furnished with a copy of the regulations of the Medical Department. When medical or surgical aid is required, if no surgeon or mate of the army be at or near the post or place, the senior officer shall have authority to obtain such by special agree- ment in writing, agreeably to the regulations for the Medical Department. Whenever it becomes necessary to employ a citizen sur- geon, the circumstances of the case will be immediately re- ported to the commanding officer of the department, and to the Adjutant and Inspector General. Whenever a body of troops shall arrive at any military station, accommodations for the sick will be first provided, and subsequently those for officers and privates who are well; and to accomplish this, all artificers and mechanics shall be instantaneously put in requisition. Women infected by the venereal disease shall, in no case, nor on any pretence, be allowed to remain with the army, nor to draw rations. More than four women shall not be allowed to a company when organized and completed agreeably to the establish- ment. Nor shall any be allowed to accompany recruiting parties, which shall be fewer than seventeen men, nor shall more than one accompany parties of that number. No contractor or commissary shall be justified in issuing rations to women, who are followers of the army, beyond the number allowed. Quarter-masters of regiments or of corps, will cause the company provision returns to be consolidated and carried to the commanding officers of regiments and of detachments or brigades, for their signatures. Abstracts of these, furnished and presented by the contractors, will be signed by officers commanding brigades, (or separate posts,) and will thus be- come vouchers for the contractors. No officer, commissioned or non-commissioned, shall be the agent of a contractor. Whenever a requisition is made at any cantonment, gar- rison or post, for rations to troops on a march, or other than 188 the regular command of the officer who signs the abstracts, the original general requisition shall be annexed to the ab- stract, and make part of the voucher in the settlement of the contractor's account. No charge for extra issues of whiskey will be allowed to contractors or commissaries, unless made upon the written order of the commanding officer of the post or detachment, specifying the cause and daily amount of such issues, and the time that they shall be continued. A copy of such order will be transmitted without delay to the third auditor of the Treasury Department, by the contractor or commissary; in default of which, the charge will be disallowed. No order issued subsequent to the expenditure, will be received as a voucher. When it becomes necessary to purchase provisions, in con- sequence of the failure of contractors to supply, according to contract; the officer executing this duty, shall immediately transmit to the third auditor of the Treasury Department, the evidences of the failure on the part of the contractor to supply, according to contract; a duplicate copy of the bills of purchase, accompanied with his deposition, that the arti- cles have been procured at the lowest price that the state of the market would permit, and no bill of exchange, or draught upon the War Department, on account of such purchase, will be accepted, until this regulation is complied with. It is made the duty of all officers, agents, or persons, who (shall have received, or may be entrusted with, supplies, ei- ther in money or in kind, appertaining to the pay anil clothing of the army, the subsistence of officers, bounties and premi- ums, military and hospital stores, and contingencies, to render quarterly accounts of the disposition and state of such stores and supplies, to the second auditor of the Treasury Depart- ment; and in like manner it is made the duty of all officers, agents, or persons, who shall have received, or may be en- trusted with supplies, appertaining to the subsistence of the army, the Quarter-master's Department, and generally all accounts of the War Department, other than those above mentioned, to the third auditor of the Treasury Department. Whenever a commanding or other officer, charged with the safe keeping of public property, is removed from a garrison, post, or army, lie shall deliver over to the officer who suc- ceeds him in the duties of his department, all such public pro- 189 perty as may be in his possession or custody, and the dupli- cate receipts for the same, one of which he shall, forthwith, transmit to the second or third auditor of the Treasury De- partment, as the case may be, and one of all ordnance, ord- nance stores, arms and equipments, to the Ordnance Office, Washington city. Whenever public property is delivered over to any officer or agent, duplicate receipts will be taken for the same, one of which will be transmitted to the office of the second or third auditor. Whenever soldiers are transferred from one corps to ano- ther, (which can only be done by the consent of the command- ing officers, or by the War Department,) or ordered on dis- tant command, or furloughed, or sent to the general hospital, or left sick, distant from the regiment or detachment, the officer commanding the company or detachment to which such men belong, will furnish a complete descriptive list, and ac- count of bounty, pay, &c. agreeably to the prescribed forms. Whenever a soldier, sick in hospital, or absent from his company, from any other cause, shall die, the senior surgeon of such hospital, or the officer under whose immediate charge or command he may then be, shall immediately report the fact, in writing, to the commanding officer of his company, stating the time, place and cause, of his death, to what time he was last paid, and the money or other effects in his possession at the time of his decease ; and such report will be noted on the next inspection return of the company. Whenever a soldier is rendered incapable of performing military duty, by reason of wounds or injuries received in the service, while in the line of his duty, his commanding officer shall certify the time and manner of receiving such wound or disability; and the senior surgeon of the hospital, regiment, or corps, shall furnish such disabled soldier, with a certificate, on which the proper discharge shall be made by the inspector general, officer doing that duty, or commanding officer of the post. . . All discharges which shall be given to non-commissioned officers, musicians, or privates, shall specify the date and terra of enlistment, the cause of discharge, and when injured in service, the time and place; the personal description, place of birth, trade or occupation ; and place of discharge. Whenever the proper authority shall direct that any non- 190 commissioned officer, musician, or private shall be discharged, on account of the expiration of enlistment, surgeon's certifi- cate of wounds or disability, or other cause, the commanding officer of the company to which he belongs, shall make and furnish him with duplicate certificates, setting forth the date and term of his enlistment, where and by whom enlisted ; his personal description, occupation, and place of birth; the boun- ty paid, and the bounty which is due him ; to what time, and by whom, he was last paid ; and also, whether he has, or has not, drawn the pay and subsistence allowed him to the place of his enlistment. These certificates will be given to the pay- master, who shall settle with him, as vouchers, but no pay- master will take from the soldier his original discharge. To prevent embarrassment and delay, in settling the cloth- ing accounts of paymasters, the commanding officer of every company, will be constantly in possession of a company re- ceipt book, in which shall be entered all requisitions of pay- masters for clothing, and a copy of all receipts given to com- missaries and storekeepers, in consequence thereof, in which shall also be taken the individual receipts of the men for ar- ticles delivered. When a captain leaves the company, this book will of course come to the custody of the officer suc- ceeding him in the command, who will give a receipt for all articles on hand, to be entered in like manner in the company book, and duplicates delivered to the officer from whom the book and clothing is received ; one of which shall forthwith be transmitted to the regimental or battalion paymaster. The company receipt book shall always be open to the examina- tion of paymasters and inspectors, as well as the command- ing officers of regiments, corps, and battalions, whose duty it is at all times to report any deficiency in the clothing and the disposition of the same. The senior officer of a regiment, corps, battalion, and com- pany, stationed with the troops, shall be considered the com- mander of the same, and reported as such. In all returns, the incidental or casual duties of such officers, as command- ers of departments, posts, &c. will be added in the column of remarks. Whenever a captain is attached to a company, he is to be considered the commanding officer thereof, for all purposes relating to pay and clothing accounts and company returns. When relieved from such command, a regimental or battalion 191 order, to that effect, will be issued, assigning the company duties to the proper officer, who will be accountable accord- ingly. All military communications intended for the War Depart- ment, and not of a confidential nature except from command- ing generals, and where the delay would defeat the object, will be made through the office of the adjutant general of di- vision, or the commanding officer of the department, and trans- mitted to the Adjutant and Inspector General's office, except in cases where a different mode is pointed out by regulation or special instruction. In addition to the returns which are to be made to the Ad- jutant General of division, the commanding officer of every regiment or battalion will forward, direct to the Adjutant and Inspector General, monthly returns of the regiment or bat- talion, agreeably to the forms furnished by him. Double rations will be allowed to commandants of divisions, departments, and separate posts. All officers, previous to their leaving the service, will settle their public accounts, and accompany their letters of resig- nation, with a report of the proper auditor of the Treasury, to that effect, or a certificate on honor, that they have no un- settled accounts with the United States. Like reports or certificates will be required by paymasters and quarter-mas- ters, previous to the settlement of pay and transportation of officers who have resigned. All publications relative to transactions between officers of a private and personal nature, are prohibited. Any news- paper publication, or handbill of such character, will be cause for the arrest of an officer, and the foundation of charge against him. It is made the duty of all officers, having the power, to arrest and prefer evidence for charge on such publication ; and whenever such charge is preferred, one specification of which will be tlie violation of this regulation, the proper au- thority will bring the officer to trial before a general court- martial. All officers furloughed for more than one month, will be directed in tlie order granting the furlough, to report by let- ter with their address, monthly, to the Adjutant and Inspec- tor General. Tlie receipt of all general orders, and all blank forms, will be promptly acknowledged by the officer to whom they are directed. i 192 Duplicate discharges are prohibited, and no certificate will be given as a substitute for the original discharge, which will always be in the form prescribed. Brevet officers shall receive the pay and emoluments of their brevet commissions, when they exercise command equal to their brevet rank, for example : a brevet captain must com- mand a company; a brevet major, and a brevet lieutenant colonel, a battalion ; a brevet colonel, a regiment; a brevet brigadier general, a brigade; a brevet major general, a divi- sion. The commanding officer of every permanent post and gar- rison, where the public lands will justify such a measure, will annually cultivate a garden, by the troops under his com- mand, equal to supplying the hospital and garrison with the necessary kitchen vegetables throughout the year; and he will be held accountable for any deficiency in the cultivation, preservation and proper distribution of the same, on the re- port of the inspector, or any other commissioned officer. Whenever an officer is removed or relieved from the com- mand of such post, the general, or officer giving the order, will cause him to be furnished with duplicate certificates of the state of his garden, and the amount and condition of ve- getables on hand, one of which he will immediately transmit to the commissary general of subsistence, and a copy will be entered in the orderly book of the garrison, for the inspection of the proper authority. No sentence to hard labor, or confinement, will be carried into effect beyond the expiration of the term of enlistment, and making up the time lost by desertion. Regimental and battalion quartermasters, while performing the duties of assistant deputy quarter-master general, and regimental and battalion paymasters belonging to the line, will, for the time being, except in cases of emergency, to be designated by commanding generals, be excused from all de- tails in the line of the army. Regimental and battalion paymasters, not of the line, are not subject to detail, or orders for any service out of their department. The commanding officer of each garrison and post, where an assistant commissary of subsistence is stationed, will de- tail a '-■litable non-commissioned officer, or soldier,'o Uel - Annually. One coat......Ditto. One roundabout gray jacket, with sleeves, in lieu of a vest ----- Ditto. Two pair of linen overalls - Dilto. Two pair of woollen ditto - - - Ditto. One fatigue frock ... Ditto. One pair fatigue trousers - Ditto. Three pair of shoes (best kind) - Ditto. Two flannel shirts ----- Ditto. Two cotton shirts ----- Ditto. Two pair of socks ----- Ditto. Two pair of half stockings ... Ditto. One pair of half gaiters (black cloth) - Ditto. Mittens to be furnished, and woollen or list mockasins, at the rate of eight pair for every company, annually; and two knapsacks, and two haversacks to each soldier, during the period of his enlistment, (five years.) THE UNIFORM OF THE ARMY OF THE UNITED STATES. The coat of the infantry and artillery shall be uniformly blue, no red collars or cuffs: and no lace shall be worn by any grade, excepting in epaulets and sword knots. General officers, and all others of the general staff, not otherwise directed, shall wear cocked hats without feathers, yellow gilt bullet buttons, and button holes in the herring bone form. 196 The epaulets of major generals will have on the gold ground of each strap, two silvered stars. The epaulets of brigadiers will have on each strap one star. The uniform of the hospital, surgeons and mates, shall be black, the coats with standing collars; and on each side of the < ollar a star of embroidery, within half an inch of the front edge. Undress uniform, and all other dresses resembling the mil- itary, without conforming to regulations are prohibited, ex- cepting that black cockades, with yellow eagles, will always be worn by all officers of the army. Pattern buttons for all corps, and information relative to uniform, will be furnished •by the commissary general. Dirks will never be worn in lieu of 9words by officers. Of the general staff. The coat—Single breasted, with ten buttons, ami button holes worked with blue twist, in front, five inches long at the top, and three at the bottom. Standing collar to be united in front to the edge of the breast of the coat, not to rise high- er than the tip of the ear, and always as high in front as the chin will permit, in turning the head. The cuffs not less than three and a half, nor more than four inches wide. Tlie skirts faced with blue, the bottom of each not more than seven, nor less than three and a half inches wide ; the length to reach to the bend of the. knee. The bottom of the breast and two hip buttons to range. On the collar one blind hole, five inches long, with a button on each side. . . The blind holes on each side of the front, in the herring bone form, to be in the same direction with the collar, from too to the bottom. Blind holes (in the like form) to proceed from four buttons placed lengthwise on each skirt. A gilt star, on the centre of the bottom, two inches from the edge. The cuffs to be indented within one and a half inch ol the edge, with four buttons lengthwise on each sleeve, and ho es to the three upper buttons, corresponding with the indenta- tion of the cuff' on the centre of which is to be inserted the 10 All general officers will be permitted to embroider the but- ton holes. 197 The adjutants general, inspectors general, quartermasters general, and their assistants and deputies, will be permitted to embroider the button holes of the collar and cuff's only. Vest, breeches and pantaloons—White, (or buff for general officers.) Vests, single breasted, without pocket flaps.—-Blue pantaloons may be worn in the winter, and nankeen in the summer. Pantaloons—or breeches with four buttons on the knees, and gilt knee buckles. High military boots and gilt spurs, will be worn only in time of war. Black stock-—of leather or silk. Chapeaus—of the following form: the fan not less than six and a half, nor more than nine inches high in the rear, nor less than fifteen, nor more than seventeen and a half inches from point to point, bound round the edge with black binding, an half inch wide. Button and loop, black. Cockade, the same, four and a half inches diameter, with a gold eagle in the centre. Swords—Yellow mounted, with a black or yellow gripe. For the officers of the adjutant, inspector, and quartermaster general's department, sabres; for all others, straight swords. Waist belts—of black leather. No sashes. Epaulets-—of gold; according to rank. The dre.ss of the hospital staff' will conform, as to fashion, to the uniform of the staff, except that they will wear pocket flaps and buttons placed across the cuff's, four to each, and covered buttons, in all instances, of the color of the coat, (black.) Chaplains, judge advocates, commissaries, storekeepers, and paymasters,are to wear cockades only. Of the light artillery. Coatee—of dark blue cloth, single breasted ; three rows of buttons, nine in each. Button holes worked, diagonally.in blue twist. Standing collar; the height of the collar not to extend beyond the tip of the ear; the button holes of blue twist. Cuffs blue, with three buttons placed vertically upon the sleeve; the button holes worked with twist. Pocket flaps, diagonal with three buttons worked as the sleeve, two buttons at the waist, the skirts sloping from the hip. Wrings, instead of epaulets, yellow bullion. r2 198 Vest—white tassimere or doe skin; (for the winter;) plain white jean, or nankeen, (for summer,) single breasted, with nine yellow buttons. Pantaloons—White cassimere or doe skin; (for parade ;) dark blue cloth (for service.) Woofs—hussar, in actual service. Stock—black, leather, ribbed. Spurs—shanks, one inch. Buttons—yellow, half inch diameter. Equipment—plain saddle. Housing—scarlvt cloth extending eight inches from the saddle, and brought to a point on the flank of tlie horse. Holsters--bear skin, with double flaps. Bridle—double bit, (yellow mounted,) reins, martingal, &c. black leather. Portmanteau—black leather, two feet long, nine inche9 diameter. Armament—sabres, gilt scabbards, black belt two inches broad, gilt plate in front with the eagle in relief; belt worn over the sash which is red, and tied on the right side; the sabre suspended by a chain. Pistols—caliber of the cavalry, yellow mounted. Dress of non-commissioned officers and privates—thesame as that prescribed for the officers, with the exception of worsted being substituted for gold baud and tassel,and other trimmings. Of the artillery. Goat—of the same length and general description with ihat of the staff. Pocket flaps, cross indented below, not less than two and a half nor more than three inches wide, with four buttons and blind holes; two buttons at the opening of the pocket of each skirt; and a diamond of blue cloth, ornamented one and a quarter inch on each side, the centre two inches from the bottom of the coat. The blind holes on either side of the front, with the coat buttoned close to the collar accurately to form lines with the corresponding ones opposite, from the top to the bottom, h | tjuarter-master sergeants. _____ c j Swgeants. | Coi-porals. > | Trumpeters. 5 | Privates. ._.. 1 >>> 1=; (K « ^ Ji °E 1 1 Aggregate, including commis-1 sioned and non-commissioned | 1 officers, musicians & privates | | No. of regiments or battalions. > 2 t n> re m Of5 CTC - | No. of companies. rt- S- 2. | Colonels. C H (! o o c | Lieutenant Colonels. | Majors. P n -3. * £- | Adjutants. | Quarter-masters. 2,j : | Paymasters. '^ "" '.^ | Chaplains. Of? | Surgeons. re 3 | Surgeons' mates. 6= — | Captains. 5" | Lieutenants. r/ | Sergeant majors. 9r- | Quarter master sergeants. a | Drum and fife majors. | Sergeants. | Corporals. | Drummers and fifers. | Privates. 1 Aggregate, including commis j sioned and non-commissione< officers, musicians fcs privates SOS © H >• In possession of the troops In the state arse-nals, or laborato-ries, or in posses-sion of officers, undistributed. .Muskets. Bayonets. Cartridge bo.xes and belts. - Bayonet scabbards and belts. Brushes and picks. Ball screws and worms. Spare flints. Ball cartridges. — Rifles. Powder horns. Pouches. Loose balls. Pounds of rifle powder. Horseman's pistols. Swords. Sword scabbards and belts. j Knapsacks. Canteens. Haversacks. Drums. Pifes. _ Bugles and trumpets. 5 l»* Ea © 6>3 Q"5 5 i I So I s I COS Annual Brigade Return, continued. ARMS, ACCOUTREMENTS, AND AMMUNITION. Ordnance, and Ordnance Stores. 1 • 3 _/ D ft e V t- u 0> ™ £ t. u u u S w £ b en S c 9 * e .9 'S 3 5 fa V "S 1) •a i* •a a a o o. 1 ra •3 a g ra § o Pi 2 ra I 1 ra ■a c 3 o & a o — -a a 9 o a. c p •a 5 o c e S -6 a g 5 8 .3 N 2 o c g « e rt V be e o c b 5 c a ____> J if s 1 c ra J CO •a s .a, 1 c £ c "3 J "S 3 s s -< e c en ■« o 1 o o •9 '5 .3 2 3 h 3 £ n o u CO c a o 5 o a G O = « a 3 £ 1 i I" — -- -- -- -- -- " _ 10 o EX.iMI.VED. Brigadier General. Brigade Inspector. In the return of nrms and accoutrements, it h unnecessary to introduce columns for articles that are not in the regiment or brigade; and where there are articles that ha\e no column for them in the aWe, additional columnB will be introduced. 205 FORM OF A QUARTER-MASTER'S BOND. Know all persons by these presents, that we are holden and stand firmly bound and obliged unto his Excellency Governor of the Commonwealth of Virginia for the use of said Commonwealth, in the penal sum of g 7000 specie, for which payment well and truly to be made to said Governor for the time being, and his successors in office, we bind ourselves and each of us, our heirs, executors and administrators, and each and every of them for and in the whole, jointly and severally, and firmly by these presents—Signed with our hands and sealed with our seals this day of 182 in the year of American independence. THE Condition however of this obligation is such, That whereas the above bound is appointed Quarter-master of the Regiment of Virgi- nia Militia. NOW, if the said shall well and truly execute and faithfully discharge, according to law and to instructions received by him from proper authority, his duties as Quarter-master aforesaid, and he, his heirs, execu- tors or administrators, shall regularly account when thereunto required, for ail monies received by him, from time to time, as Quarter-master aforesaid, with such person or persons as shall be duly authorised and qualified on the part of the Common- wealth for that purpose, and moreover pay into the Treasury of the state, such balance, as on a final settlement of said accounts, shall be found justly due from him! to the said Commonwealth; and shall faithfully account to the Ordnance Department, for all arms, accoutrements and ammunition, which shall in any manner come to his hands; then this obligation shall be null, void and of no effect; other- wise to remain and be in full force and virtue. Done in the county of the day and year above written. Signed, sealed and delivered > in the presence of $ I, A B, do solemnly swear that T will diligently and faith- full/ execute and perform the duties of Quarter-mastea- of s 206 the Regiment of Virginia Militia, according to the best skill and abilities of which I am possessed—So help me God. A. B. Sworn and subscribed to, at in the state of Virginia, this day of 182 before me a justice of the peace for the county of C. D. Note—This bond is to be executed, with good security and transmitted to the Adjutant General's office—The sufficiency of the security should be certified by the commandant of the regiment. FORM OF A BOND FOR ARMS ISSUED. Know all men by these presents, that we and are neld and firmly bound unto Go- vernor of Virginia, and his successors in office, in the sum of dollars—for the payment of which, we bind ourselves, our heirs and assigns, jointly and severally. The condition of the above obligation is such, that where- as the above bound commands a of in the regiment of Virginia Militia, and has received from the Commissary General of Ordnance for the purpose of arming and equipping the said : now if the said shall keep the said at all times, in complete order, and subject to the orders of the Executive of Virginia; then the above obligation to be null and void, otherwise to remain in full force and virtue. Witness our hands and seals this day of 182 . Teste, (Seal.) (Seal.) The sum in the above bond will be equal to the value of , the arms and accoutrements intended 4o be issued. 207 PAY, SUBSISTENCE, AND FORAGE, IN 1815. RANK Oil GRADE. » 3 < 5 Major general, o - £ s -o >c T, £><^ «, V,o- i fe§1 Is Commissary general of ordnance, §5 75 Assistant do. do. Deputy commissarj- of ordnance, Assistant do do. Wbxelu ri!_hi>. carnage makers, and blacksmiths, Laborers, Commissary general, Superintendent, ]*hysician and surgeon genera^ Apothecary general, Hospital surgeon, Hospital surgeon's mate,, Hospital stewards, Ward masters, Surgeons, Surgeon's mates, Professor of natural and experimen tal philosophy, Assistant do. do. Professor of mathematics, Assistant do. do. Professor of the art of engineering, 50 Assistant do. do. Teacher of the French language, Teacher of drawing, Cadet, Colonel, (except of cavalry,) Lieut, colonel, do. do. Major, (except cavalry,) Captain, (except cavalry,) First lieutenant, do. do. Second lieutenant, do. do. Third lieutenant, do. do. Ensign, Serjeant major, Quarter master Serjeant, Serjeant, Principal musician, Corporal, Musician, Private, driver, bombadier, matross, sapper and miner, 8 Artificer, saddler, farrier and black- smith, not attached to the quarter master general's and ordnance de- partment, 13 6 7 40 1 5 30 2 -\ Rations 16 v-rec'blein 9 J kind only 75 40 20 16 60 45 60 40 50 40 40 40 40 16 75 66 50 40 .'JO 25 23 20 12"^ 12 11 11 10 9 s a "3 .5.3 n ro o 2.9 *►> Of the ordnance depart- ' ment. 3,000 dollars per annum. 3,000 do. do. 2,500 do. do. 1,800 do. do. Of the corps of engineers only. And forage for the liglft artillerj, when mount- > ed, the same as for light dragoons. i Pay during the continu. 'ance of the present war. 209 nANK OR GRADE. °"C5 5 J It cop Colonel of cavalry, Jg gO Lieut, colonel do. 75 Major do. 60 Captain do. 50 First lieut. do. 33 33£ Second lieut. do. 33 33^ Third lieut. do. 30 Cornet do. 26 66| Riding master da 26 66| Mast of sword do. 26 66| Lieut, colonel of artillery, 75 Major do. " 60 Captain do. 50 First lieutenant do. 33 33J Second lieutenant do. 33 33$ Third lieutenant do. 30 Colonel light artillery, 90 Lieut, colonel do. 75 Major do. 60 Captain do. 50 First lieutenant do. 33 53J Second lieut. do 33 33| Third lieutenant do. 30 ~\ Provided they furnish their own horses and accoutrements, and ac- tually keep in service { the aforesaid number of horses, to entitle them to their forage, or an equivalent in mo- ney, at eight dollars. J per horse. To furnish their own ra- tions, arms, equipments and horses. Non-commissioned officers"} One dollar per day and privates of the com- > each ; 75 cents per panies of rangers 3 day without horses. Women (in the proportion of one to every seventeen men,) a ration in kind, also to matrons and nurses allowed in hospitals. Note.—Though forage may be allowed for the number of horses noted, yet money in lieu i/iereof cannot. A distinction should therefore be drawn, say forage money for one horse only, to all those of the staff, who have not been entitled, heretofore, to more than ten dollars per month. The brigade major, aid to a brigadier, and adjutant, are expresslv limited to that. The al- lowance of forage in kind, hay, oats and corn, may be made to as many horses in actual sen ice as the War Department di reels; s 2 «10 HESOLUTION For causing certain additions to the publication of the Mir litia Laws. Agreed to by both Houses, February 16, 1820. Resolved, That the Executive be authorised and required to add to the publication directed by the 124th section of the militia law, the militia laws of the United States which may be in force at the close of the present session of congress ; the rules, regulations and allowances for the government of the staff of the United States' army; a synopsis of the organization of the militia into divisions, brigades and re- giments ; a full description of the uniform required to be vrorn by the different corps of the militia; and also, such forms, as, in their opinion, may be useful and proper to be ad- lied to the said publication. ADJUTANT GENERAL'S OFFICE, Richmond, June, 1820. GENERAL ORDERS. The Executive will not issue commissions to officers of Volunteer Companies, except upon certificates of their elec- tion ;;v the company. When a vacancy occurs in a Volun- teer Company, its members will be summoned for the pur- pose of electing a suitable person to fill it. The election of it captain must be certified by some field officer of the regi- ment ; and that of a subaltern, by the captain. The certifi- cate will state that the company was duly convened ; and give the number of votes obtained by each candidate. Whenever a Volunteer Company falls below the minimum fxcd by law, it will be the duty of the colonel to issue a re- gimental order declaring it to be dissolved, and recfuiring tlfe 211 captains of infantry of the line to enroll the members in their respective companies agreeably to law. The dissolution of a company will be immediately reported to this office, by the colonel. Whenever a company of infantry of the line, exceeds the maximum, or falls below the minimum, established by law, it will be the duty of the colonel to assemble a board of offi- cers in pursuance of the 21st section of the militia law, for the purpose of re-organising the company districts in the battalion. The clerks of county courts are requested to mention in every certificate of recommendation, the name and rank of the officer whose vacancy is intended to be filled, that the proper entry may be made in the register of the officers of the commonwealth. For the information of general officers, the commanding officers of regiments are required to endorse on their returns the names of all commissioned and staff officers in their re- giments, and the dates of their commissions and appoint- ments. Brigade inspectors will, in no instance, fail to endorse on their returns, the names and address of the general staff, and the names of the commandants of Volunteer Companies; distinguishing the regiments of the line to which they may be attached ; they will also return the arms of each regiment in a separate line, so that the number in any one regiment may be seen, by referring to the return. Regimental returns will include the field and staff officers of artillery and cavalry who reside within the limits of the regiment. The Lieutenant Colonel and Major of each regiment are permitted to take command of the battalions, according to their own convenience ; but the Lieutenant Colonel, if he de- sires it, is entitled to the commaml of the 1st battalion. All communications whatever, on the subject of the mili- tia, will be addressed to the adjutant general. Those from general officers will be franked, provided the following endor- sation be made on them, and signed by the officer sending them, viz. " on public service—relating to the militia." By order of the Executive, J GLAIBORNE W. GOOCH, Adjutant General. INDEX. The letter V. denotes that the provision referred to, is to be found in the Laws of Virginia—The letters U. • refer to the acts of Congress. The Militia Laws of Congress commence at page 75. Page. ABSENTEES, V. 21, 24 ABSENCE. At musters U. S. 96 Without leave U. S. 98, 103, 104 ABANDONING. Garrison and Guards U. S. 104,105 ADJUTANT GENERAL To report regiments V. 10 How appointed V. 11 Rank, pay, duties, &c. V. 13 Trial of V. 40 To each state, &c. U. S 78 When to make returns U. S. 84 ADJITVNT. Mow appointed for service V. 26 Fines on for delinquencies V. 37 How appointed to local Regi- ments, duties, compensation, &c. V. 59 ACE Of militia V. 28 MDS DE CAMP. How appointed, Sic. V. 12 ALLOTMENT. Of militia for service V. 20 Of Volunteers V. C7 APPEALS. To the executive from the sen- tence of court martial V. 34,40, 41 APPRAISEMENT. Of property impressed/ V. 68 APPRENTICES. ' Fines incurred bv V. 59 ARMS. Exempted from execution V. 50 To be kept in arsenals V. 61 How distributed V. 63 Not to be called in from certain counties and towns V. 64 Regulations concerning V. 64 to 67 To be provided by militia U. S. 75, 83 To be procured for states U. S. 85, 90 Page Provisions concerning U. S. 101, 102 ARMORY. Guarded by artificers V. 39 ARREST. Of officers, cause of V. 33 Discretion of senior officer V. 42 Affidavit required V. — Limitation of V. — Rules concerning U.S. 110 ABUSES. U. S. 100 AMMUNITION. Wasted or sold U. S. 102 ARSENALS. Regulations concerning V. 61, 64 ARTICLES OF WAR. Courts martial to proceed by V. 43 Militia governed bv, in service A'. 55 do. do. d'o. do. U.S. 82,114 To be read U. S. 95, 115 ARTILLERY. Company, if too small dissolved V. 11 Field officers, appointed V. — Regiments, battalions and compa- nies, how organized V. 15 How called into service V. 27 Company officers how commis- sioned V. 29 Other rules, concerning V. 29 to 32f ARTIFICERS. At armory to be formed into com- panies Y. 39 BATTALIONS. How organized V. 11 How altered V. 19 Musters of V. 41 Courts of enquiry for, &c. V. 44 BONDS. Forms of 205, 206 BOUNDS. Regimental, battalion and com- pany V. 19 BREVET RANK. Bestowed by Executive V. 15 Brevets U. S. 106 Index. 213 Pa&e. BRIGADES. Wrganization of V. 5, 9 BRIGADIER GENERAL. How appointed, &c. V. 11 Fines on, and appeal V. 34 Courts martial for trial of V. 40 Duty as to delinquent colonels V. 45 Orders from, how transmitted V. 60 BRIGADE INSPECTOR. How appointed, kc. V. 12 Duty as to returns and forms V. 16 Fine on V. 17 To train officers V. 33 To appoint musicians V. 34 Court martial for trial of V. 40 Pay, mileage, &c. V. 57, 58 Failing to attend training V. 58 Fines on, how imposed V. — Duties of U. S. 79 BRIGADE QUARTER MASTER, V. 12 To each brigade U. S. 85 BY-STANDER. Misbehaving Y. 36 CAMP EQUIPAGE. How procured, &c. V. 54 CAPTAIN. How appointed V. 12, 17 Returns by V. 15 Fines on in relation to V. 17 How to allot for duty V. 20 How to grant certificates V. — Fine for refusal V. 21 To note and return delinquents V. 32 To appoint non-commissioned officers and musicians V. 33 To train his men two hours V. Fines on for delinquencies V. 37 Courts martial for trial of V. 41 To receive arms of persons re- moving V. 64 Duty of, in inspecting arms V. 66 To recover arms, and to prose- cute offenders V. — Fine for neglect V. — CAVALRY. Troops dissolved V. 11 How organized > • '5 How called into service V. 27 Other rules concerning V. 29 to 32 CHVPLA1W U S 85, 94 CLERKS. To record recommendations, and qualify officers V. 1 Page. Of courts of enquiry to reeord allotments for duty V. 20 Appointment and duties of V. 48 to 50, 73 COLONEL. How appointed V. 12, 17 Duty as to returns V. 16 His staff in service V. 26 Local staff appointed V. 59 To return delinquents V. 32 To exercise his regiment V. 33 Fines on V. 17, 36, 67 Courts martial, for, &c. V. 40 Fines on, how imposed V. 45 To certify the name of the clerk of the court of enquiry V. 47 Penalty for failure V. 48 Mav suspend collection of fines V. 50 Drafts on sheriff V. 51 Accounts of drafts rendered V. 52 To purchase colours, etc V. —• May call out militia, and pro- cure camp equipage V. 54 To attend musters and inspect arms V. 66 To report delinquencies V. 67 Authorised U. S. 89 COLOURS. How procured V. 52, U. S. 78 COMMISSARIES. How appointed V. 53 COMMAND. Who entitled to U. S. 106 COMMISSARY GENERAL OF ORDNANCE, V. 13 COMMISSIONS. How issued V. 17 Voided by felony V. 42 Without command void V. 18 When to be qualified to V. 19 COMPLAINTS OF INFE- RIORS, U. S. 101 COMPANIES. Rules concerning V. 11, 20, 31 Conduct unbecoming, &c U. S. Ill Contempt of superior officers 1 U. S. 94 CONSOLIDATION. Of regiments V. 10 CORPORALS. How appointed V. 33 CORRESPONDING WITH ENEMY, U.S. 105 214 Index. Page. COURTS MARTIAL. Organization of, for certain of- fences V. 22, 23 Officers not to sit on Y. 30 General provisions relative to V. 40 to 44 " In actual service V. 56 For arsenals V. 6S For militia U. S. 83 Rules for I". S. 106 to 112 COURTS OF ENQUIRY. For details of men V. 21 To assess fines on brigadier generals V. 34 When and how held Y. 44 Clerks of, their duties, &c. V. 48 to 50 , Penalties on, clerks of V. 73 Rules concerning U. S. 113 CRIMES. All kinds of, tried U S. 115 DELINQUENTS. Committed to jail V. 26 How noted and returned V. 32, 33 At trainings V. 53, 34 DETABL. For service V. 21 to 27 DESERTER. Who treated as such V. 24 DESERTION, U.S. 98 Advising and inticing U. S. — DISOBEDIENCE. Of orders V. 22 to 24 While on duty V. 35 Of orders U. S. 95 DISCIPLINE. System of U. S. 92 DISCHARGE, U. S. 95 DISTRICTS. How laid off and altered V. 20 DIVISION STAFF, V. 12 DRAFTS. For service V. 24 to 26 Exempted from legal proceed- ings V. 56, 57 Of colonels, for fines V. 51, 52 DRUM AND FIFE. How purchased V. 52 DRUMMERS, V. 33 to 35 DRUNKENNESS, U. S 103 DUELLING, V. 18, U. S. 98, 99 EFFECTS. Inventory of U. S. 113,114 EMBEZZLEMENT, U. S. 101, 102 ENROLLMENT. Page. For duty V. 21, 27, 28 How and by whom U. S. 75 What notice of U. S. 85 ENGINEERS, U.S. 106 ENSIGN. Fines on for delinquencies V. 37 Courts for trial of V. 41 EXEMPTS. From duty V. 27 From muster fines V. 28 For ordinary duties V. — Under U. S'. laws U. S. 76 EXPENSES. Of marching U. S. 91 EXPRESSES, V. 60 Horses for, how impressed V. 72 FALSE CERTIFICATES U. S. 96 ---Musters and returns U.S. 97 ---Alarms U. S. 104 FIFERS, V. S3 to 35 FINES. In relation to returns V. 17 For refusing certificate V. 21 How certified V. 23 For failing to appear at rendez- vous V. 22, 25 How collected V. 26 On sergeants V. 32 For not attending trainings V. 33 On brigadier generals V. 34 On musicians V. 35 On officers and privates for va- rious delinquencies V. 36 Attachments for V. 51 On artificers at armory V. 39 Remitted or moderated V. 45 On colonels, how imposed, etc. V. — On surgeons and mates V. 46 Separate fund for V. 52 Certified to sheriff and auditor V. 46, 73 Fine for failure V. 73 Rules relative to the imposition and collection of V. 45 to 53, 78 For loss of impressed articles V. 54 On brigade inspectors VT 16, 58 On infants and apprentices V. 59 For failing to attend on requisi- sition V. 60 Relative to public arms V. 64 to 66 For disobeying president's or- ders U.S. 83 Index. 215 Page. When collected by marshal U. S. 83, Certified to comptroller U. S. 86 FURLOUGHS, U.S. 96 GARNISHEE. Attachment in hands of, for fines V. 51 GRENADIERS, V. 11, 27, 29 GUARDS. For armory V. 39 For arsenals V. 61 GENERAL ST VFF. How appointed, &c. V. 12 HIRING DUTY, U. S. 103 HARBORING AN ENEMY, U. S. 105 IMPRESSMENTS. Of camp equipage V. 54 Must be authorised by law Y. 68 Proceedings relative to V. 68 to 73 INFANTS, V. 59 INSOLVENTS,' V. 53, 74 INSPECTION. Of men detailed V. 21 INVASION & INSURRECTION. Power to call out militia on V. 53 To appoint staff V. — Power of president on U. S. 81 JUDGE ADVOCATE, V. 42 LIEUTENANT C( 1LONEL, V. 12, 17 Fines on Trial of LIEUTENANT, V Fines on Trial of LIGHT INFANTRY. How dissolved V. 11 Rules concerning V. 27 to 30 Marshals, to collect and pay fines U. S. 83, 86 MAJOR GENERAL How appointed &c. Trial of Orders, and expresses from, MAJOR. How appointed V. Fines on Trial of To attend musters and inspect arms V. 67 Mishehavionr U. S. 9-1, 104 Monthly returns U. S. 97 MUSICIANS. How appointed &c. V tu ■ ■ PaSe- Fheir compensation V 35 MUSTERS. Of cavalry and artillery V. 31 Of other companies " V. __ Of regiments and battalions V. — Proceeding at V. 31,32 Fines for not attending Musters MUTINY, NOTICE. OATHS. V. U.S. U.S. V. V. 38 97 94 31 41 18 43 100 V. 36 V. 40 12, ir V. 37 V. 40 V. 11 V. 40 V. 60 12 17 V. 36 V. 40 To attend training 33, 35 11,17 17,18 V. 18 V. S3 V. 26 79, 115 Of musters Of appeal Of officers Of members of courts martial V. Of Judge advocate V. Of members of courts of en- quiry v. Of clerks of do. do. V. Of appraisers V. Profane TJ. S OFFENDERS. To be delivered to civil autho- rity U. S. OFFICERS. How commissioned \ Resignation of \ No Supernumeraries Vacancy of To be detailed with men How to take rank U. S. ORDERS. To whom sent Of general officers ORGANIZATION, Of militia Of artillery and cavalry V. By laws of congress U. S. 76 to 78, 85, 89 PAROLE. Giving it PAY. Of militia in service In United States service During late war PARADE. Absence from I PAY MASTER For service For local regiments Rood of Fines on PENSIONS. Who entitled to U. V. V. V. 5,9 6, 11, 15 U.S. 104 V. 34, 35 PROVOST MARTIAL V. 56 U.S. HO U.S. 87 J s. 103 V. 26 V. 59 V. 26 V. 3T S- 87 ,88 V. 46 216 Index. Page. PUNISHMENT. Corporeal U. S. 116 QUARTER MASTER GENERAL V. 13 To each state U. S. 85 QUARTER MASTER. How appointed V. 26, 59 To give bond, V. 2C When appointed by executive V. 5i> Fines on V. 37 QUARTER MASTER SER- GEANTS V. 26, 59 QUARRELS Officers to quell U. S. 99 RATIONS V. 56 REPROACH1 I L SPEECHES, U. S 89 REMOVAL Effects of V. 18 RE-ENLIST VENT U.S. 98 RFC1MENTS Rules respecting V. 1( To be mustered V. 31 May be altered RELIEVING An enemy RETURNS. When and how made Received by adjutant gene- ral U. S. 7h Form of U. S. 85 RIFLEMEN. How dissolved V. 11 Rules concerning V. 27 to 30 SAFEGUARD. Forcing U. S. 105 SERGEANT MAJOR, V. 26, 59 SERGEANTS. V. 10,2d U. S. 105 V. 15 Fines on V. 32 How appointed V. 33 SERVICE. Term of, V. 26, U . s. 82 SHERIFFS. To collect and account for fines V. 48 , 52 STRIKING SUPERIORS, U .S. 95 STAFF. , Of general officers V. 12 Of colonels V. 26 Appointed by executive V. 53 Regimental V. 59 Additional officers of, U. S. 85 89 STORES. Taken from enemy V. S. 105 Page. SLEEPING OLT OF CAMP, U.S 103 On post V. !">. — SPIES, I . S. 115 SUBSTITUTES. May be furnished, V. 25 Legal proceedings against, V. 57 S U PER N UMERA HIES. \Tot permitted V. 18 SURGEONS AND MATES. To inspect drafts, V. SI How appointed V. 26 Fines on X. 37 To attend courts of enquirv, V. 46 SUSPEN^ON". Of command U.S. Ill SUTLERS, I . S. 99, 100, 106 Surrendering to enemy U. S. 105 TRAINING. At musters V. 33 Of officers V. — Musicians to attend V. 35 System for, U. S. 92 UNIFORM. Of light troops V. 29 Fine for neglect of V. 37 F.xecutive to prescribe V. 67 Description of" V- 195 VALUATION. Of property injured V. 86 VOLUNTEERS. Strength of companies V 11,30 Arranged into regiments and battalions V. 15 How called into service V. 27 Limitation of companies V. 29 How commissioned V. 30 Restrictions on joining X — Term of enlistment V — Musters of V. 31 May enlist musicians V. 35 How formed &c. U. S. 78 Violence to citizens U.S. ll>4 WASTE. Of private propertv U.S. 105 WATCHWORD, U. S. 104 WITNESSES. Before courts maitial V. 41,64 Depositions, taken, if in ser- vice V. 57 WOUNDED. Provided for U. S. 79, 88 FINIS, 9 ^Mjhui?'*' S/u^fay ^ / 2 7; C»| . Military Laws. | Richmond: 1820 1 National Library of Medicine p Bethesda, MD 20894 | CONDITION ON RECEIPT: | The half leather and decorated binding was dirty and | worn, particularly at the corners and edges. It was water | damaged, and parts of the leather were desiccated. Other parts of the leather and paper were missing. The boards | were detached. The sewing was broken, and the text h block was broken into pieces. Most of the pages were '. dirty, discolored, and acidic. Many were foxed and water | stained. Some were broken along the spine fold; a few 1 were torn at the edges. Provenance notations and other »;_ markings in manuscript ink, graphite pencil, and stamp $ ink appeared on the exterior leaves and pastedowns. | TREATMENT PROVIDED: Z The pH was recorded before and after treatment: before I 3.0, after 8.0. The volume was collated and disbound. i The head, tail, and pages were dry cleaned where | necessary; the pages were washed and then buffered 1 (deacidified) with magnesium bicarbonate solution. I Tears were mended and folds guarded where necessary 1 with Japanese kozo paper and wheat starch paste. The i pastedowns and bookplate were removed aqueously and | incorporated in the new binding. The bookplate was 1 adhered with Lascaux 360 adhesive. The volume was I sewn on linen tapes with linen thread. Handmade paper endsheets with linen hinges were attached. The volume was case bound in handmade paper. The volume was i titled using a gold stamped leather label. I Northeast Document Conservation Center June 2001 DW/JN -- ■=M~- =" -------------------------------------------------■---------»----------------------- , '-A >. ' ■." • *. i •■' * ■■■■•■ •■*-.y