Commontoealtj) of iHassacfmsetts,
In the year of our Lord one thousand eight hundred and eight.
AN ACT for regulating and governing the Militia of the Commonwealth of Massachusetts, and for repealing all Laws heretofore made for that pur pose.
W h e r e a s the Laws for regulating, governing and 2 disciplining the Militia of this Commonwealth have become 3 complicated by reason of the several additions and amend- 4 ments thereto.— Therefore, B e it enacted by the Senate and 5 House of Representatives in General Court assembled, and 6 by the authority of the same, That the several laws hereto. 7 fore made for governing and regulating the Militia, be and 8 hereby are repealed. Provided nevertheless, that the ar- 9 rangements now made agreeably to law, and the officers now 10 lawfully in commission shall continue in the same manner as 11 before the repealing of the said laws ; and all actions pend- 12 ing in any court by force of the said laws hereby repealed, 13 shall and may be prosecuted to final judgment and execution. S ect. 2. Be it further enacted, That from and after the 2 passing of this Act, besides the persons exempted by the Act 3 of Congress entitled, u An Jet more effectually to provide 4 for the national defence, by establishing an uniform Militia ^ throughout the United States, ” passed the eighth of day of 6 M ay, one thousand seven hundred and ninety two, the fol- 7 lowing described persons shall be exempted from Militia du- 8 ty, viz. The Lieutenant Governor, members of congress 9 and of the council, judges of the supreme judicial court with 10 their clerks, the secretary and treasurer with their clerks, 11 officers and students of any college actually resident there, 12 judges of the court of common pleas, and of the sessions with 13 their clerks, judges of probate, registers of probate, and 14 registers of deeds, justices of the peace qualified and acting in 15 their office, ministers of the gospel, members of the legislature 16 with their officers when in session, the sheriff of each county, 17 quakers and shakers, such engine men and practising phy- 18 sicians as are already exempted by any law of the common. 19 wealth. Each person now out of office who has held a com- 20 mission in the Militia for the term of five years, and every 21 other person who may hereafter hold a commission in the 22 Militia and shall be discharged after five years service therein. S ect. 3. Be it further enacted, That no person shall be 2 deemed to be a Quaker or Shaker within the meaning of this j act, unless he shall annually in the month of April deliver to 4 the captain or clerk of the company wherein he resides a cer- 5 tificate signed by two of the overseers and countersigned by 6 the clerk of the meeting or society with which he meets for 7 worship, in substance as follows : viz. “ W e the subscri- 8 bers, Overseers of the meeting or society of in the town 9 of in the county of do hereby certify that 10 frequently and usually attends with said society for public 11 worship, and we believe is conscientiously scrupulous of bear- 12 ingarms.” Which certificate so signed and delivered as afore- 13 said shall exempt the person therein named, from doing mili- 14 tary duty for the term of one year, unless the same be inval- 15 idated by sufficient evidence. And no person shall hereafter be exempted from the rolls 17 of any local company in Boston or from doing duty therein, 18 by reason of his having joined or enlisted into the com. 3
19 pany in Boston commonly called the Ancient and Honoura- 20 ble Artillery Company. S ect. 4. Be it f urther enacted, That all fishermen ac- 2 tually shipped and employed on board of any ship or vessel, 3 of more than ten tons burthen shall be exempted from doing 4 military duty during the time they are actually shipped and 5 employed as aforesaid : Provided however, that they shall 6 be held to produce to the commanding officer of the company 7 to which they belong within eight days after any muster, train- 8 ing, view of arms, or other duty, a certificate signed by the 9 owner of such vessel that at the time of their being warned, 10 and time of training or other duty, they were actually ship. 11 ped and employed as aforesaid. S ect. 5. Be it further enacted, That from and after the 2 passing of this act, no non-commissioned officer or soldier, 3 belonging to any company of militia in this commonwealth 4 shall be exempted from military duty on account of bodily 5 infirmity, unless he shall obtain a certificate from the surgeon 6 or surgeon’s mate of the regiment to which he belongs, if ei- 7 ther of those officers are appointed in said regiment; if not, 8 from a respectable surgeon or physician, living within 9 the limits of the same, that he is unable to do mili- 10 tary duty by reason of bodily infirmity; the cause of 11 which is to be described in said certificate, and the officer 12 commanding said company may upon the back of said cer- 13 tificate, discharge the person named therein from doing mili. 14 tary duty in said company for such term of time as he shall 15 judge reasonable; which certificate, if approved and feoun- 16 tersigned by the officer commanding the regiment, to which 17 such disabled person belongs, shall entitle him to a full ex- 18 emption from military duty for the term therein specified. S ect. 6. Be it f urther enacted, That no officer in the mi- 2 litia shall be discharged from his office excepting by the com. 3 mander in chief in writing ; or being disbanded by law ; or 4 by judgment of a court martial ; or by actual removal of 5 residence more than four miles from the district of his com- 4
6 mand ; or by twelve month’s absence, without leave, from 7 the district of his command ; or otherwise according to the 8 constitution of this cOtnmonwealth : Provided neverthelesst that in the case of a removal of less than four miles from the 10 district of command, the brigadier general shall determine 11 whether the officer can conveniently do his duty, and if he 12 shall think not, he shall certify the same, and the officer shall 13 be considered as having abdicated his command by his re 14 moval. And no officer shall consider himself exempted from 15 the duties of his station, until he shall have abdicated his 16 command, or has been discharged therefrom in one or other 17 of the methods aforesaid ; and if discharged by the command 18 er in chief on the request of such officer, not until he shall 19 have received a certificate of such discharge. No officer shall 20 be allowed to resign his office when under arrest, or on de 21 tachment, or when under orders for duty, unless the case 22 shall have been fully stated to the commander in chief, and 23 his consent obtained. N o general or field officer shall ap 24 prove a resignation until the orderly books and laws are 25 taken care of for the use of the corps to which such resign 26 ing officer belongs. S ect. 7. Be it further enacted, That the Governor, by 2 and with the advice and consent of the Council, be and here 3 by is authorized and empowered to form and arrange the 4 militia into Divisions, Brigades, Regiments, Battalions and 5 Companies, agreeably to the act of Congress aforesaid, and 6 from time to time to make such alterations therein as shall 7 be necessary conformable to the act of Congress aforesaid. S e c t. 8. Be it further enafted, That it shall be the duty 2 of each major general within his own division to give all or 3 ders that may be necessary, according to law, for the elect 4 ing of brigadier generals, and to certify the returns of the 5 persons elected, or of the neglects or refusals of the electors 6 to chuse to the Governor : in the like manner, each brigadier 7 general, within his brigade, shall give orders for the electing 8 of field officers, and for the electing of officers in the Bat- 5
9 talions of cavalry and artillery, and certify tlie returns of the 10 persons elected, or of the neglects or refusals of the electors 11 to make choice to the Governor; and in like manner each 12 lieutenant colonel commandant shall give orders for the elect- 13 ing of captains and subalterns within his own regiment, and 1 1 certify the returns of the persons elected, or of the neglects 15 or refusals of the electors to make choice t9 the Governor. 16 That whenever a time shall be appointed for the election of 17 any officer or officers the electors shall have ten days’ notice 18 thereof at least, that every person who shall be elected or 19 appointed to any office in the militia, shall be immediately 20 notified thereof, and if he shall not signify his acceptance 21 within seven days he shall be considered as declining to serve, 22 except in the case of the choice of a major general, who shall 23 be notified by the Secretary of the Commonwealth, and the 24 major general chose* shall give his answer within thirty days 25 or be considered as not accepting. S ect 9. Be it further enacted, That whenever the office 2 of major general, brigadier general, lieutenant colonel com- 3 mandant, major commandant, or captain shall be vacant, the 4 officer next in rank in the same corps shall exercise the com. 5 mand. S ect. 10. Be it further enacted, That whenever any order 2 shall be issued for the election of any officer in the militia, 3 tlie officer or officers, person or persons directed to notify the 4 electors to appear at the time and place, for the purpose 5 mentioned in the order, shall notify each elector either per- 6 sonally by verbal information, or by leaving a written or 7 printed notification thereof at his usual place of abode. 8 That a suitable officer shall be directed to preside at each 9 election, who shall conduct the same according to law, notify 10 the persons chosen, and make report of his proceedings. 11 That at any meeting for the choice of any officer in the mi- 12 litia, if not more than one half the qualified electors shall ap- 13 pear they shall not proceed to make choice, but if more than 14 one half the qualified electors shall appear then they shall 6
15 proceed and make choice, if they can, by a majority of votes 16 of the qualified electors present. S ect. 11. Be it further enacted, That whenever any local 2 company of militia shall be destitute of all commissioned of- 3 fleers, it shall be the duty of the commanding officer of the 4 brigade or regiment to issue his orders or warrant to any one 5 or more persons belonging to such company, or liable to do 6 duty therein, commanding him or them to notify and warn 7 all the persons qualified to chuse officers for said company, 8 to assemble at some suitable time and place, to be mentioned 9 in such orders or warrant, for the purpose of chusing officers, 10 which warning it shall be the duty of the person or persons, 11 to whom such orders or warrant may be directed, to give at 12 least ten days before the time appointed for the choice, and 13 an officer will be appointed to preside, who will proceed in 14 the elections as is herein before directed. S ect. 12. Be it f urther enacted, That whenever any local 2 company of militia snail be destitute of all commissioned of- 3 fleers for the space of six months, the Commander in Chief, 4 or major general may issue orders to the Selectmen of the 6 town to which such destitute company belongs, requiring 6 them to return an exact roll of all the men liable to be en- 7 rolled in said company, wdthin twenty days from the time of 8 receiving such order, and the Commander in Chief shall im- 9 mediately distribute and assign the men borne on said roll to 10 any one or more companies that are already organized in the 11 same division; and the men so assigned shall be obliged to 12 do duty in the company or companies to which they are as- 13 signed in the same manner, and shall be liable to all the same 14 duties, penalties, and forfeitures as other men belonging to 16 any organized company of militia. S ect• 13. Be it further enacted^ That if the selectmen of 2 any town where any local militia company shall be destitute 3 of officers as aforesaid, shall neglect or refuse to return an 4 exact roll of the men liable to be enrolled in such destitute -5 company within twenty days to the major general or com- 7
6 mander in chief, after being required so to do, each 7 selectmen neglecting or refusing as aforesaid, shall pay as 8 a fine the sum of fifty dollars for every twenty days he or 9 they shall so neglect to return such roll as aforesaid, to be 10 sued for by the brigade major of the brigade in which such 11 destitute company may be, one moiety to his own use, and 12 the other moiety to the use of the commonwealth. S ect. 14. Be it further enacted, That the selectmen of 2 any town, where any local company of militia shall be des- 3 titute of officers as aforesaid, may assemble the qualified elep- 4 tors of officers of such company at any time while so desti- 5 tute of officers, and in the manner herein before prescribed for 6 the electing of officers, may lead the said electors to a choice 7 of officers for such destitute company, notify the persons 8 chosen, and make return of the officers so chosen to be com- 9 missioned, and when the persons so chosen shall be commis. 10 sioned and qualified, the said company shall be restored and 11 the men assigned to other companies shall be discharged 12 therefrom. S ect. 15. Be it further enacted, Tbat whenever any local 2 company of militia shall be destitute of commissioned officers 3 the senior sergeant may call the company together for the 4 choice of officers, for exercise or any other duty required by 6 law, or by the commanding officer of the regiment, if there 7 shall be no sergeants, or clerk in any company destitute of 8 commissioned officers as aforesaid, the commanding officer of 9 the regiment may appoint sergeants and a clerk, and shall 10 swear the olerk to the faithful discharge of his trust. S ect, 16. Be it f urther enacted, That every person who 2 shall be lawfully entitled to be commissioned to any office in 3 the militia shall at the time of receiving his commission take 4 and subscribe the oaths and declaration required by the con. 5 stitution, before some justice of the peace, general or field 6 officer, who shall have previously taken and subscribed them -7 himself; and they are hereby authorized to administer the 8 same— And a certificate thereof shall be made on every com-' 8
9 mission by the officer before whom said oath and declaration 10 shall have been taken and subscribed. Sect. 17. Be it further enacted, That the Governor by 2 and with the advice of the council shall appoint the quarter 3 master general; the major generals shall appoint their aid de 4 camps ; the brigadiers shall appoint the brigade majors and 5 brigade quarter masters of their respective brigades, the 6 lieutenant colonels commandant shall appoint the adjutants, 7 quarter masters, chaplains, paymasters, surgeons and surgeons 8 mates of their respective regiments and all the staff officers 9 shall be commissioned by the Governor. 10 Whereas it has been the usage in the militia of this com- 11 monwealth for officers to take rank from the day of their 12 election or appointment; therefore, he it further enacted that 13 the day on which each officer is elected or appointed shall be 14 expressed in his commission, and that shall be considered to 15 be the date of his commission, and he shall take rank from 16 that day, and not from the day of signing the commission by 17 the governor ; Be it further enacted, that the lieutenant col- 18 onels commandant, shall appoint the non-commissioned staff 19 officers of their respective regiments ; the captains of com- 20 panies shall appoint the sergeants and clerk of their respec- 21 tive companies ; all non-commissioned staff officers and serge- 22 ants shall receive warrants from the commanding officers of 23 the regiment ; and the adjutant shall keep the record thereof ; 21 no non-commissioned staff officer or sergeant shall be deemed 25 to have resigned his office until he shall have done it in writ- 26 ing to the commanding officer of the regiment ; It shall and 27 may be lawful for the brigadier general to reduce to the 28 ranks any non-commissioned staff officer of his brigade for 29 any disobedience of orders, neglect of duty or unmilitary 30 conduct on the complaint of the commanding officer of the 31 regiment to which such non-commissioned staff officer be- 32 longs, first giving him notice of the complaint. And it shall 33 be lawful for the commanding officer of each regiment of in- 9
34 fantry or battalion of cavalry or artillery to reduce any 35 sergeant or clerk to the ranks for disobedience of orders, 36 neglect of duty, or unmilitary conduct on the complaint of 37 the majority of the officers of the company to which such 38 sergeant er clerk may belong, first giving notice thereof to 39 such sergeant or clerk. S ect. 18. Be it further enacted, That in every regiment 2 of foot in the militia returning more than five hundred rank 3 and file, in which there is not already raised one company of 4 foot by voluntary inlistment, the Governor by and with the 5 advice of the council is hereby authorised to raise one such 6 company ; and in every regiment returning more than seven 7 hundred rank and file, the Governor by and with the advice 8 of the council may raise two such companies, under the de- 9 nomination of light infantry, grenadiers, or riflemen, agree- 10 ably to the act of congress aforesaid ; provided nevertheless 11 that all such companies raised by voluntary inlistment shall 12 be annexed to the regiment in which they may be raised, and 13 provided also, that no company whatsoever shall be raised by 14 voluntary inlistment in the militia when any local company, 15 of foot shall be reduced thereby to a less number than sixty 16 four effective privates ; nor shall any officer or other person 17 belonging to any volunteer company at any time raise or 18 recruit such volunteer company by inlisting any man belong- 19 ing to any local company of foot when such local company 20 is below the number of sixty four effective privates ; and no 21 volunteer company shall be augmented beyond the number 22 allowed to constitute it. • S ect. 19. Be it further enacted, That if any company 2 raised by voluntary enlistment shall at any time be destitute 3 of commissioned officers for one whole year, or shall be re- 4 duced below the number of twenty privates, and shall con- 5 tinue so reduced for one whole year then in either case as 6 aforesaid such company shall be deemed disbanded, and the 7 men shall be enrolled in the local companies in which they $ respectively reside, and the commanding officer of every com- U 10
9 pany raised by voluntary Enlistment shall annually in the 10 month of April furnish a list of the names of his company to 11 the lieutenant colonel of the regimcrat wherein his company is 12 situated, so that he may know who are exempted out of the 13 roils of his regiment. S ect. 20. Be it further enacted, That each non coin 's missioned officer or soldier belonging to a company raised by 3 voluntary inlistment who shall appear on any day of muster, 4 parade, or discipline without the proper uniform dress of the 5 company to which he belongs, unless by the consent of his 6 commanding officer, shall pay as a fine for such default the 7 sum of four dollars, and shall bo liable to be discharged from 8 such company for the same default by the brigadier general .0 of the brigade, and be enrolled in the local company wherein 10 he may reside. I f any non commissioned officer or soldier 11 belonging to any company raised by voluntary inlistment 12 shall at any time be destitute of and unprovided with uniform 13 and equipments of the company, to which he belongs, or if 14 he shall, when on duty, behave in an unsoldierlike manner, 15 he shall be discharged from such company by the brigadier 16 general of the brigade and be enrolled in the local company 17 of foot in which he may reside. A ll officers and soldiers be- 18 longing to companies raised by voluntary inlistment are sub- 19 ject to all the fines and forfeitures, penalties and duties, reg- 20 ulations and rcstriotions, as the local infantry, except only 21 so far as the nature of the corps must necessarily make a dif- 22 ference, and wherein by law other special provisions are 23 made. S ect. 21. Be it further enacted, That each company of 2 cavalry shall consist of a number not exceeding forty eight per- 3 sons including officers, non commissioned officers and soldiers, 4 and in each brigade where there arc or may be more than two 5 companies they shall form battalions. The brigadier general 6 ofeach brigadeshalldischargefromtliecavalry, cverynoncom- 7 missioned officer or soldier whom he shall at any time discover 8 to be unprovided with a suitable horse, furniture, & equipment 11
¡3 for the cavalry service, and the person so discharged shall 10 be enrolled in the local company of foot in which he may 11 reside. And whenever any draft or detachment shall be made 12 frorp a company of cavalry for actual service, the men de. 13 tached or drafted shall march with their own horses. S ect. 2V B e it further enacted, That each company of 2 artillery, shall consist of not exceeding sixty persons including 3 officers, non commissioned officers and soldiers ; and in each 4 brigade where there are or may be two pompanies or more 5 they shall form battalions and each company of artillery 6 shall be furnished with proper field pieces, with apparatus 7 complaat— A quantity of powder shall be issued to each 8 company annually not exceeding one hundred pounds to be 0 expended on days of general muster and. in experimental gun- 10 nery. And also a suitable quantity of laboratory stores. 11 The captain of each company of artillery shall be allowed 12 his reasonable expenses in the hire of horses to drag his pieces 13 and tumbril in attending any muster by order of his general, 14 when he is obliged to march out of the town, where his pieces 15 are deposited. S ect. 23. Be it further enacted, That each regiment in 2 the militia shall be assembled in regiment once iu two years 3 for review, inspection and discipline^ such day as the com. 4 manding officer of the division or brigade to which such regi- 5 ment belongs shall order, but the commanding officer of «ach 6 regiment shall appoint the place for the muster of his fegi- 7 ment ; and the militia of every town or battalion in each 8 regiment shall be assembled together once in two years (the 9 year it is not mustered in regiment) at such time and place as 10 the commanding officer shall order, and when so mustered 11 by towns or battalion the militia shall be disciplined under 12 the direction of a field officer ; provided nevertheless, that 13 where the militia is situated an islands, extensive peninsulas 14 or in new settlements, where it may be difficult to assemble a 15 whole regiment at one place for discipline, the general may 16 direct that the militia in such places be mustered for discipline 12
17 in battalion or lesser bodies in the most convenient manner. S ect. 24. Be it further enacted, That the cavalry, ar- 2 tillery and other corps raised at large shall be reviewed and 3 inspected once in every year with the regiments and battal- 4 ions, or by themselves as the major generals or brigadiers 5 shall direct, and at such times and places as they shall order, 6 and whenever different corps shall be on duty together, the 7 senior officer present shall command, without regard to corps», S ect. 25. Be it further enacted, That at every place of 2 parade or muster, the commanding officer may fix the limits 3 of his parade, within which no spectator shall have right to 4 enter without the permission of the commanding officer, and 5 if any person shall intrude within the limits aforesaid, after 6 being once forbidden, he shall be liable to be confined under 7 guard during the time of exercise, at the discretion of the 8 commanding officer. S ect. 26. Be it further enacted, That no non-com- 2 missioned officer or soldier shall unnecessarily fire a musket 3 or pistol in any public road or near any house, or near the 4 place of parade on any day of muster, exercise or other 5 militia duty, unless embodied and under the command of an 6 officer ; and if any non-commissioned officer or soldier shall 7 fire a musquet or pistol, except as aforesaid on the day of 8 any muster, exercise or other militia duty he shall forfeit and 9 pay as a fiae one dollar for each and every musquet or pis- 10 tol he shall so fire off to be sued for and recovered by the 11 clerk of the company in the same manner and to the same 12 uses as fines for non-appearance are sued for, recovered and 13 applied. S ect. 27. Be it further enacted, That every non com- 2 missioned officer and soldier who shall be disorderly or disobe- 3 dient or guilty of any unmilitary conduct on a master or 4 training day, or at any other time when on duty, shall be 5 confined uuder guard during the time of the muster or train- 6 ing, at the discretion of his officers, and shall pay a fine not 7 exceeding ten dollars nor less than five dollars, if convicted 13
8 thereof before any justice of the peace of the county where 9 the defendant shall live, to whom complaint shall be made. S ect. 28. Be it further enacted, That no officer or sol. 2 dier shall be holden to do military duty on any day (except 3 on days fixed by law or in case of public danger, or by order 4 of the commander in chief) on which there shall be any meet- 5 ing in the same town for the election of representatives to the 6 general court, governor,lieutenant governor, senators, elector* 7 of president, vice president, or representatives to congress, 8 and it shall not be lawful for any officer in the militia to ex- 9 ercise any military command on any such day, except as be lt) fore excepted, and every officer offending herein shall be ba l l ble to be tried and removed from his office by court martial. S ect. 29. And he it further enacted by the authority 2 aforesaid, That every captain or commanding officer of a 3 company, who shall neglect or refuse to call out his compa- 4 ny as often as the law requires, for discipline, and on the first 5 Tuesday of May, for a view of arms, as directed by this act, 6 or at any other time, when thereto required, by his superior 7 officers ; or who shall at any time excuse his men for unne- 8 cessary absence, or deficiency, shall be tried by a court mar- 9 tial, and if thereof convicted, he shall be reprimanded in or. 18 ders, or removed from office, at the discretion of said court. S e ct. 30. And be it further enacted by the authority 2 aforesaid, That every officer holding a commission in the 3 militia, who shall be accused of any unmilitary conduct, ne- 4 gleet of duty, or disobedience of orders ■ or who shall, when 5 on duty, appear or behave himself in an unofficerlike manner, G or shall wilfully injure those who arc under his command, 7 he shall be liable to be tried by a court martial, and if found 8 guilty, to be sentenced by said court, to be reprimanded in 9 orders or to be removed from office. And whenever a court 10 martial shall sentence any officer to be removed from office, 11 the court shall therein adjudge such officer incapable of hold- 12 ing any military commission under this commonwealth for 13 life, or for years, according to the nature and aggravation of n
14 his offence; and such sentence being duly approved of by th6 15 officer appointing such court martial, shall be published and 16 remain in full force, unless reversed, so far as respects dis- 17 qualification, by the general court. S ect. 31. And be it further enacted by the authority 2 aforesaid, That the Governor or commander in chief shall 3 appoint courts martial for the trial of all officers above the 4 rank of captain. That the major generals or commanding 5 officers of divisions, each within his own division shall ap, 6 point courts martial for the trial of captains and all officers 7 under that rank. And it shall be the duty of every officer 8 who shall appoint a court martial as aforesaid, to approve 9 or disapprove of every sentence of such court martial, by 10 them appointed. And no officer who shall appoint a court 11 martial, shall be president thereof, nor shall any sentence be 12 put in execution until it shall have been approval of as 13 aforesaid. No court martial shall consist of a less number 14 than thirteen commissioned officers, the president of which 15 shall not be under the rank of a field officer ; and no field of- 16 ficer shall be tried by any person under the degree of a cap, 17 tain ; and all officers shall take rank by seniority of commis- 18 sion without regard to corps. And there shall be a judge 19 advocate, whose duty it shall be impartially to state the evi. 20 dence, both for and against the officer under trial ; to take 21 accurate minutes of the evidence, and all the proceedings of 22 the court; all of which he shall transmit with the judgment 23 of the court thereon, under seal to the officer whose duty it 24 is to approve of such judgment. Every officer to be tried 25 shall h^ve ten days notice given him of the time and place ap- 26 pointed for trial. And every officer to be tried shall be put 27 in arrest, so as to be suspended from the exercise of his office, 28 and shall have a copy of the charges exhibited against him 29 ten days before the sitting of the said court; and in case any 30 officer for the trial of whom a court martial shall be appoint. 31 ed shall neglect to appear and make defence, he shall be 32 deemed by said court guilty of the charge, and shall be sen. 15
33 tenced accordingly. In every court martial held for the trial 34 of an officer, not less than two thirds of the members must 35 agree in the sentence or judgment of said court, otherwise* 3S the person charged shall be acquitted. All proceedings and 37 trials by court martial shall be carried, on in the day time 5 38 and when the members shall be required to give their votes 39 on a question or decision, they shall begin with the youngest 40 in commission, first. A ll persons shall be holden to appear 41 and give evidence before any court martial under the same 42 penalties for neglect as are by law provided for witnesses in 43 other cases, when thereto summoned by a justice of the peace 44 for such service. And all witnesses shall be sworn by the 45 judge advocate, before they give their evidence to the court. 46 Before any court martial shall proceed to the trial of any 47 officer, the judge advocate shall administer to the president 48 and each of the members the following oath: Viz. low , 49 A. B. do smear, that you will well and truly try the cause 50 now before you , between this commonwealth, and the person 51 to be tried; and you do further swear, that you will not 52 divulge the sentence of this court martial, until it shall be 53 approved or disapproved of; and that you will not on any 54 aooount, at any time whatever, discover the vote or opinion 55 of any member unless required to give evidence thereof, as a 66 witness by a court of justice, in a due course of law. So 67 help you God. And the president shall administer to the 58 judge advocate the following oath : viz. You, A . B . do 59 szvear, that you will not, on any account, at any time what- 60 ever, divulge the vote or opinion of any member of this court 61 martial, unless required to give evidence thereof as.a witness? 62 by a court of justice, in a due course of law. So help you 63 God. Sect. 32. Beit further enacted, That every Company shall 2 have a Clerk, to be appointed by the Commanding Officer, and 3 who shall always be one of the Sergeants, and shall be sworn to 4 the faithful discharge of his duty as Clerk, and, among other 5 things, it shall be his duty, under the direction of the Command- 16
6 ing Officer of the Company, to receive, perfect and correct the 7 Roll, and from time to time to enroll all persons liable to enroll- 8 ment who shall come to reside within the limits of the Compa- 9 ny— and to do the Writing, and keep the Books and Records 10 of the Company. And if any Clerk of a Company shall neglect 11 or refuse to do and perform any duly enjoined upon him by this 12 Act, he shall for every default forfeit and pay as a fin^, the sum 13 of twelve dollars, and be reduced to the Ranks. And the Com- 14 manding Officer of the Company to which such delinquent 15 Clerk may belong, may sue for every such forfeiture before any 17 Justice of the Peace of the same County, to and for the use of 18 his Company. Seer. 33. Be it further enacted, That every non-commis- 2 sioned Officer and Soldier of the Militia shall constantly keep 3 himself provided with the Arms and Equipments required by 4 the Act of Congress, entitled, “ An Act more effectually to pro- 5 vide fo r the National Defence by establishing an Uniform Militia 6 throughout the United States,'1 but when called out to exercise 7 only he need not bring into the field his knapsack or cartridges 8 loaded with balls— unless ordered so to do— Provided however, 9 That when he appears with a musquet, all his equipments shall 10 be suited to his musquet, and when with a rifle his equipments 11 shall be suited to his rifle. Seer. 34. Be it further enacted, That every Captain or Com- 2 manding Officer of a Company shall call his Company together 3 three days in each year for Company Discipline, and once on 4 the first Tuesday in May, annually, for the express purpose of 5 recruiting and correcting the Rolls, and of examining and taking 7 an exact account of every man’s arms and equipments, and ev- 8 ery Non-commissionecji Officer and Soldier belonging to the 9 Company shall appear with all the arms and equipments re- 10 quired by the Act of Congress aforesaid, at the place appointed 1 1 for the purposes aforesaid— and then and there it shall be the 12 duty of the Clerk, or in his absence, of some other person to be 13 appointed for that time only, under the direction of the Com- 14 manding Officer, to make an exact Roll of the Company, and 17
15 set against every man’s name the arms and equipments which 16 shall belong to him. And every Cbmmanding Officer of a 17 Company shall constantly keep by him SfcRoIl with the arms 18 and equipments of every Non-commissioned Officer and Sol- 19 dier annexed to his name as aforesaid, from which, the Annual 20 Return is to be collected. Sect. 35. Be it further enacted, That once in each year 2 when the Militia shall lie assembled by Regiments, Battalions, 3 or Towns, for Review, Inspection, or Discipline, and also at the 4 Examination or Review of Arms and Revision of Rolls by Com- 5 panies on the first Tuesday in May, annually, as required by 6 this Act ; each Non-commissioned Officer and Soldier who 7 being duly warned, shall unnecessarily neglect to appear at any 8 time and place appointed for the purposes aforesaid, armed and 9 equipped according to the Act of Congress aforesaid, and the 10 provisions of this Act, shall pay as a fine for every such default 11 the sum of four dollars— And at every other Company Train- 12 ing or Exercise, each Non-commissioned Officer and Soldier 13 who being duly warned, shall unnecessarily neglect to appear at 14 the time and place appointed, armed and equipped according to 15 the Act of Congress aforesaid, and the provisions of this Act, 16 shall pay as a fine for every such default the sum of two dollars. 17 And if any Non-commissioned Officer or Soldier of Infantry, 18 Light Infantry, or Rifle Corps, being duly warned to appear as 19 aforesaid, for the purposes aforesaid, shall appear without a 20 good musquet and bayonet or rifle, he shall be liable to the same 21 fine as if he did not appear— but if he shall appear with a good 22 musquet and bayonet or rifle, then his appearance shall be ad- 23 mitted : but he shall be liable to pay as a fine the sum of twen- 24 ty-five cents for each and every other article of equipment of 2 5 which he may be deficient, and the like sum of twenty-five cents 26 if his arms shall be in an unfit condition. Sect. 36. Be it further enacted, That within eight days af- 2 ter any Muster, Training, View of Arms, or other ordinary du- 3 ty, it shall be lawful for the Commanding Officer of a Company 4 to excuse any person for non-appearance, if the delinquent shall 48 a produce to him satilfectory evidence of his inability to appear at 6 such Muster, Training, View of Arrtis, or other ordinary duty. 7 And if the said delinquent shall fully satisfy the Commanding 8 Officer of his inability to appear as aforesaid, then the Com- 9 manding Officer shall give the delinquent an order directed to 10 the Clerk, forbidding him to prosecute, and the delinquent shall 1 1 convey said order immediately to the Clerk, that he may have 12 notice thereof. S ect. 37. Be it further enacted, That whenever any non 2 commissioned officer or soldier shall forfeit any ium of money 3 set and affixed to any default or offence by this act, of the 4 sum of thirteen dollars and thirty-three cents or under, the 5 same shall be recovered in the manner following ; That is td 6 say, The clerk of the company to which the offender belong» 7 shall, after eight days and within sixty days after the offence 8 shall have been committed, make complaint thereof, and of 9 all matters of substance, and material circumstances attending 10 the same to some justice of the peace, in the county where 11 the offender may live, or in which the company is situated, 12 and the justice shall make record thereof and shall issue a 13 summons to the party complained of, to be served seven days 14 at least before the time appointed for the trial, which summons 15 shall be in form as nearly as may be as follows, viz.
16 ( l T) ss' '^° sheriff of the said county or his deputy 17 w-w- or either of the constables of the town of 18 within the same county, Greeting : In the name of the com- 19 monwealth of Massachusetts you are hereby required to sunn. 20 mon C D of in the county of to appear before 21 me E F , one of the justices of the peace for the county afore- 22 said, at in on the day of at of the clock 23 in the noon, then and there to shetv cause if any he has 24 why a warrant of distress shall not issue against him (herfe 25 insert the complaint). Hereof fail not, and make due return 26 of this writ, and of your doings therein unto myself at or 27 before the said day of dated at aforesaid, the \ 19
28 day o f in the year of onr Lord gg E F , Justice of the Peace. 80 I f the said defendant shall make default, or if judgment shall 81 be given against him on trial and he shall neglect for four 32 days thereafter to satisfy the same with legal costs, then the 33 justice of the peace, before whom such default or trial shall 34 be had shall issue his warrant of distress under his hand and 35 .seal, as nearly as may be in the form following :
36 To the sheriff of the said county or his deputy or f Jj S | y j __-—• any or either of the constables of the town of 38 within said county, Greeting: Whereas C D of »pon 39 the day of being a soldier duly enrolled in the company 40 commanded by was duly notified to appear upon the. 41 day of in the town of in the county aforesaid, with 42 arms and equipments as the law directs : and the said C D, in 43 violation of the said law, did unnecessarily neglect to appear 44 (or as the case may be) whereby he hath forfeited and ought m to pay the sum of to the uses directed by law. And the 46 said C D having been duly summoned to appear before me 47 £ one of the justices of the peace for the county aforesaid 48 to show cause, if any he had, why a warrant of distress 49 should not be issued for the same sum,-did not appear (or 50 appeared and did not show sufficient cause why the same 51 warrant should not be issued, as the case may be). In the 52 name of the Commonwealth of Massachusetts you are there- 53 fore commanded forthwith of the goods or chatties of the said 54 C D within your precinct to levy by distress and sale thereof 55 the sum of with /or charges of suit, being in the 66 whole the sum of and to pay the same to clerk 57 of the aforesaid companvs and also of the goods or chatties 58 of the said C D to levy -for thiswrittogetherwithyourown 59 fees, and for want of such goods or chatties of the said C D, 50 to be by him shown to you, or found within your precinct, 61 you are commanded to take the body of the said C D and «2 him commit to the common gaol in in the county afore- 20
63 said. And the keeper thereof is hereby commanded to re- 64 ceive the said C D into the said gaol, and him safely keep 65 until he shall pay the sum aforesaid, together with legal fees 66 and costs, or until he shall be otherwise discharged by order 67 of law, and you are to make return of this warrant, with 68 your doings thereon, unto myself, within twenty days next 69 coming, for which this shall be your sufficient warrant. 70 Given under my hand and seal the day of in the year 71 of our Lord E F, Justice of the Peace. S ect. 38. Be it farther enacted, That in all prosecutions 2 for fines and forfeitures, incurred for the breach of this act, 3 before any justice of the peace, it shall be lawful for the 4 clerk of the company, in any stage of the proceedings, before 5 the rendition of final judgment, to amend his declaration or 6 complaint without paying costs to the adverse party. And 7 the clerk shall not be liable to pay the defendant costs in any 8 case Wherein he shall produce a written order under the hand 9 of the commissioned officers directing him to institute the 10 suit. If tile defendant shall stand trial he shall plead the 11 general issue, and any special matter may be given in evidence 12 under that issue. No appeal shall be allowed to either par- 13 ty. And the testimony of any credible witness on oath, 14 though he may belong to the company, shall be admitted, 15 and any such witness may be examined touching the facts 16 set forth in the complaint, or any fact material in the case. Sect. 39. Be it further enacted, That whenever the com 2 mantling officer of a company shall think proper to call bis 3 company together or shall bs ordered so to do, for any purpose 4 required by this act, he shall issue his orders or warrant di- 5 rected t® one or more of the non-commissioned officers, or if 6 he shall think it necessary, to Hiy other person or persons 7 belonging to said company, directing him or them to notify $ and warn the said company to appear at such time and pjpee 9 as shall be appointed, and every such noncommissioned officer 10 or other person or persons- who shall receive such orders or 21
11 warrant shall give notice of the purpose of the meeting an« 12 of the time and place appointed for the company to meet to 13 each and every person he or they shall be so ordered to warn, 14 eitiier by verbal information, or by leaving a written or printed 15 notification thereof at the usual place of abode of the person 16 thus to be notified and warned. And no notice shall be deem- 17 ed legal for musters and common and ordinary trainings, un- 18 less it shall be given three days at thé least previous to the 19 day appointed therefor ; butin case of invasion, or insurrection, 20 or other emergency, any time specified in the orders or war- 21 rant, shall be considered as legal. And every such non-com- 22 missioned officer or other person who shall neglect or refuse 23 to give the said notice and warning, when ordered so to do by 24 the commanding officer of the company to which he may be- 25 long, shall for every such default forfeit and pay as a fine the 26 sum of twenty dollars, and if he be a non-commissioned officer 27 he shall be reduced to the ranks, and held incapable of holding 28 any office in the militia for two years. Whereas the duties required of the several companies of 2 militia on the first Tuesday in May annually are important and 3 ought faithfully to be attended to by both officers and soldiers : 4 Therefore, Sect1. 40. Be it enacted, That the first Tuesday in May 2 annually shall not be improved as a day of common and ordi- 3 nary exercise, but shall be specially devoted to the objects 4 herein before mentioned, and to the organization and good or- 5 del- of the company. SecV. 41. Be it further enacted, That every captain or 2 commanding officer of a company shall make a return of the 3 state of his company, comprehending every man belonging to .4 said company, with all the arms and equipments belonging to 5 him, to the commanding officer of the regiment, in the month 6 of May annually ; every commanding officer of a regiment shall 7 make a return of the state of his regiment to the brigadier 8 in the month of June anuually ; and every commanding officer 0 of a brigade shall make, or cause to be made under his direc- 10 tion, duplicate returns of his brigade, one of which he shall 11 transmit to the major general of the division to which he be 12 longs, and the other to the adjutant general o f the State, in the 13 month of July annually ; and each brigadier general shall an- 14 nually return a correct roster of the officers of his brigade to 15 to his major general. \ S bc*. 42. Be it further enacted, That in every case in the 2 militia, the uniform coat shall be of dark blue cloth, of such 3 fashion and with such facings and under clothes as the major 4 generals or brigadiers shall direct. And every officer in the -5 militia shall have a proper uniform of the corps to winch he 6 belongs, and shall wear the same when on duty upon all public 7 military days. Every officer whose duty requires him to be 8 mounted shall be armed with a sword and a pair of pistols, and 9 every officer of the line of infantry whose duty requires him to 10 serve on foot shall be armed with a sword and espontoon. And 1 1 every officer of the militia shall keep himself constantly provid- 12 ed with a printed copy of the system of discipline established. Sscr. 43. Be it further enacted, That whenever in case o 2 Invasion, Insurrection, or other public danger, the Militia, or 3 any part thereof shall be ordered out, drafted, or detached by the 4 Governor with the Advice of the Council, any person who shall 5 be ordered out, drafted, or detached in obedience to such orders, 6 being duly notified thereof, and ordered to march to the place 7 of rendezvous, shall neglect or refuse to obey such orders, or 8 shall not within twenty-four hours after he shall have been no- 9 notified as aforesaid, pay as a fine the sum of fifty dollars to the 1q Commanding Officer of the Company to which he belongs, or 11 procure an able bodied man in his stead ; such person shall be 12 considered as a Soldier in such detachment, and be dealt with 13 accordingly. And the officers shall be detailed from the rosters, 14 and the Soldiers by lot from the Rolls, which shall be kept for 15 that purpose. And all fines received for such defaults shall be 16 applied to the hire of men towards the completion of the detach- \7 ment. Every Officer neglecting or refusing to make the draft ’-8 or detachment when ordered, shall be arrested and tried by 23
\ 9 Court Martial, and the officer next in command shall be ordered 20 to make the detachment. And when any company shall not be 21 organized, the.Office» commanding the Regiment or Brigade, 22 shall by himself or some other officer under him proceed to 23 make and complete the detachment from any such company so 24 Unorganized. Sect. 44. Be it further enacted, That whenever the select- 2 men o f any town shall judge any inhabitant thereof enrolled in 5 the militia to be unable to arip and equip himself as a soldier, 4 they shall, at the expense of the town, provide for and furnish } such inhabitant with the necessary arms and equipments of a 6 soldier which shall remain the property of the town that-shall 7 furnish them ; and if any soldier shall negligently or wilfully 8 lose, waste, embezzle, or destroy them, he shall be held answera- 9 ble for the same to the town that furnished them, and shall be 10 liable to be sued, and to pay such town the value thereof. S ect. 45. Be it further enacted, That tire selectmen of the 2 several towns and districts, and the assessors of unincorporated 3 plantations, shall furnish at the expense of the several towns} 4 districts, and plantations, to the commanding officer of each 5 company for the use of each soldier, one quarter of a pound 6 of powder, when ordered out on duty for any general muster, 7 the number to be certified by the commanding officer of the 8 company and it shall be the duty of each soldier to use and 9 consume such powder as the commanding officer shall direct, 10 and not otherwise. Sect. 46. Be it further enacted, That every town or dis- 2 trict within this commonwealth shall be constantly provided 3 with sixty-four pounds of good gunpowder, one hundred 4 pounds of musket balls, one hundred flints, and three tin or 5 iron camp-kettles for every sixty-four soldiers enrolled in the 6 militia of such town, and the same proportion of each of the 7 aforesaid articles for a greater or lesser number. And every 8 town or district which shall neglect to keep constantly provid- 9 ed with the said articles, shall forfeit and pay for the use of 10 the commonwealth for every sixty-four soldiers in such town 24 /
11 or district which shall be unprovided with the said articles 12 the sum of one hundred dollars, to be recovered by the present- 13 ment of a grand jury in any court in the same county having 14 cognizance of indictments. Sect. 47. Be it further enacted', That each brigadier gcn- 2 eral within his own brigade may form a band of music to at- 3 tend all regimental or battalion musters ; no brigade band shall 4 consist of more than twenty four persons or musicians, in- 5 eluding the master of the band ; they shall be appointed by and 6 receive warrants from the brigadier general, and whenever they 7 neglect their duty, or behave improperly, they shall be dis- 8 missed from the band by the brigadier general. Sect. 48. Be it further enacted, That each major general 2 shall appoint some suitable person to distribute his orders who 3 shall be compensated for his services ; that the adjutant gen- 4 eral, the quarter master general, the brigade major and the ad- 5 jutants in the militia shall receive a reasonable compensation 6 for their services ; all officers serving on military boards, courts 7 of inquiry and courts martial shall receive pay while employed 8 the same as when in actual service ; and the brigade major or 9 marshalls of the court shall make up the pay rolls, and lay the 10 same before the general court for allowance. Sect. 49. Be it further enacted, That the several fines and 2 forfeitures the mode of recovery of which is not herein before 3 prescribed shall and may be recovered in an action of the case 4 in the name of the person authorized to sue for the same within 5 the county where the offender may reside ; or where the offence 6 was committed. Sec f. 50. Be it further enacted, That the commander in 2 chief, by advice of council, cause to be raised, organized and 3 equipped within the commonwealth, ten companies of light or 4 horse artillery, each to consist of one captain, three lieutenants, 5 four sergeants, four corporals, four musicians and seventy two 6 private sentinels : attaching to each company four brass six 7 pounders and such small and side arms as the nature of these 8 companies shall require ; and to annex them to such divisions 2 5
9 and brigades as he shall deem best calculated to the defence of 10 the commonwealth ; which companies shall be formed out of 11 the artillery companies now raised at large, shall be completely 12 uniformed in such manner as the commander in chief shall or- 13 der, and shall be subject to the militia laws of the common-' 14 wealth. Sect. 51. Be it further enacted, That the commander in 2 chief cause to be raised, organized and equipped to each brig- 3 ade within this commonwealth one company of sharp shooters 4 or riflemen to consist of one captain, oue lieutenant, one ensign 5 four sergeants, four corporals, two musicians and sixty four 6 private sentinels, who shall be armed with short rifles and 7 lances, with powder horns and pouches with suitable ammunition 8 who shall serve as light troops and be subject to all the rules of 9 of discipline established by the militia law. Sect. 52. Be it further enacted, That it shall be lawful for the 2 commander in chief to employ a proper person or persons, at 3 his discretion, to instruct the cavalry throughout this common - 4 wealth in a uniform system of horsemanship and use of the 5 sabre, and to allow such instructor or instructors, as a compen- 6 sation for said service, while actually employed, the same pay 7 and emolument as is allowed by law to a captain of infantry on 3 the military establishment of the United States. Sect. 53. Be it further enacted, That to all bands of musick 2 raised by virtue of an act passed March 4, 1800, section 14th, 3 there shall be appointed by the brigadier-general or command- 4 ing officer of the brigade, a master to teach, lead, and command 5 such band. And the members thereof upon neglect or refusal 6 of duty shall be subject to such fines and penalties as is pro- 7 vided for in this act against delinquent privates, to be sued for 8 and recovered by the master of the fierce? for their use and benefit. 9 The master to be accountable for the receipts and expenditure 10 of the same, in such way and manner as the brigadier-general 11 or commanding officer of the brigade may direct. The briga- 12 dier-'general may at all times remove from the band any mem- 13 her thereof, for neglect of duty or disobedience of orders, and 26
14 cause his name to be returned to the commanding officer of 15 the company within whose district such member resides. It 16 shall be the duty of the master of the band to conveue them at 17 least once each month, or twelve times in the year, for instruc- 18 lion and practice. Each member shall furnish himself and 19 keep constantly provided with proper instruments, such as 30 may be assigned him by the master of the band under the di" 21 rection of the brigadier-general. The brigadier-general shall 22 have the power of appointing one or more sub-masters of the 23 band, who shall have the same powers as the master over such 24 a number of the band as the brigadier-general shall appoint. Sect. 54. Be it further enacted, That any person or persons 2 keeping a boarding-houoc, or having any person residing with- 3 in their dwellings, liable to do military duty, who shall refuse 4 to give information of the name or names of such person or 5 persons then residing within their dwellings, upon application 6 ol the commanding officer of the company, a non-commis- 7 sioned officer, or any person acting under a warrant from said 8 commanding officer, he or they shall be subject to the same 9 fines and forfeitures to be sued for and recovered in the like 10 way and manner as is provided in this act, for neglect and de- 11 linquencies.
[In Senate, Feb. 18, Read first time, and Tuesday next, 11 o'clock, assigned fo r second reading.']