An act supplementary to "an act regulating the proceedings of the courts of law and equity in this state," passed the present session of the General Assembly.
Sec. 1. Be it enacted, by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Chief Justice of the county court of each county, shall be vested with the powers to perform the duties where heretofore appertained to the office of Chief Justice of the orphans and county court.
Sec. 2. And be it further enacted, That the clerks of the several county courts, and registers of the several orphan courts, shall on the first day of January next, deliver over to the clerks of the county courts of their respective counties, all records and papers of said county and orphans courts, and from and after the said day, all causes and proceedings of said county and orphans court, shall be transferred to, and be heard and determined in, said county courts.
Sec. 3. And be it further enacted, That the clerk of the county courts of each county, as soon as he is qualified and enters on the duties of his office, as required by law, shall exercise and perform all the powers and duties, which, heretofore by law appertained to the offices of clerk of the county court, and register of the orphans court.
Sec. 4. And be it further enacted, That all writs returnable to any court of record shall bear test on the day on which the same shall be issued.
Sec. 5. And be it further enacted, That the clerks of the Superior Courts of each county, shall deliver over to the clerks of the circuit court of the same, all records, books, and papers belonging to the office of clerk of the Superior Court, and the clerks of the said circuit courts respectively shall keep the same in their care, in the same manner as the other records and papers of their respective office.
Sec. 6. And be it further enacted, That this act shall be in force from and after the passage thereof.
Sec. 7. And be it further enacted, That all the acts of any clerks elected under the Constitution, and who have acted as clerks of the Superior and County Courts shall be good in law and equity.
Sec. 8. And be it further enacted, That the Governor be, and he hereby is authorized, forthwith to issue writs of elections to some fit persons in those counties where there is no Sheriff or Clerks in said county or counties for the purpose of electing Sheriffs, Clerks, etc. And, that the magistrates and constables in commission, who may have fallen into any new county, other than the county or counties for which they were appointed and commissioned, in consequence of the division of counties, shall continue as such, and hold and exercise the duties of the respective offices until others shall be elected and qualified according to law
An act to provide for the Organization and Disciplining of the Militia of the State of Alabama.
SECTION 1. BE it enacted by the Senate and the House of Representatives of the State of Alabama, in General Assembly convened, That all free white men and indented servants, between the age of eighteen and forty-five years, shall compose the militia of this State. Judges of the Supreme, Chancery, Circuit, and County Courts, Secretary of State, Treasurer, Comptroller, Attorney General, Solicitors to the different circuits, licensed Ministers of the Gospel of every denomination, public Ferrymen, Justices of the Peace, Postmasters who have the care of the mail of the United States, and Postriders shall be exempted from the militia duty, except in cases of imminent danger, insurrection or invasion.
Sec. 2. And be it further enacted, That the militia of this State shall compose four Divisions, the first which shall consist of the counties Jackson, Madison, Limestone, and Lauderdale: the second division shall be composed of the counties of Cotaco, Blount, St. Clair, Lawrence, Franklin, Marion, Tuscaloosa, Shelby, and Jefferson; the third division shall be composed of the counties of Greene, Ma-
rengo, Perry, Cahawba, Autauga, Montgomery, Dallas and Wilcox: the fourth division shall be composed of the counties of Monroe, Conecuh, Henry, Butler, Clarke, Washington, Baldwin, and Mobile: which divisions shall form nine Brigades; the first of which shall be composed of the counties Jackson and Madison; the second, of Limestone and Lauderdale; the third, of the counties of Cotaco, Blount, and St. Clair; the fourth, of the counties of Lawrence, Franklin and Marion; the fifth, of the counties of Tuscaloosa, Jefferson and Shelby; the sixth of the counties of Greene, Marengo, Perry and Cahawba; the seventh of the counties of Autauga, Montgomery, Dallas and Wilcox; the eighth, of the counties of Monroe, Conecuh, Henry, and Butler; the ninth, of the counties of Clarke, Washington, Baldwin and Mobile, each of which shall be commanded by a Brigadier General; each brigade shall consist of not less than two, nor more than five regiments; each regiment shall be commanded by a Colonel Commandant, and to be composed of two Battalions; the first of which shall be commanded by a Lieutenant-Colonel, the second battalion shall be commanded by a Major; each battalion shall consist of not less than two, nor more than five companies; each company shall consist of not less than forty, nor more than one hundred and twenty privates, and shall be commanded by a Captain, First and Second Lieutenants, one Ensign, five Sergeants, four Corporals and two Musicians; the noncommissioned officers to be appointed by the officers of their respective companies.
Sec. 3. The regiments of the Militia of this State shall be designated and numbered as follows, viz: The county of Jackson number one, the county of Madison number two and three, the county of Limestone four and five, the county of Cotaco six, the county Lawrence seven and eight, the county of Franklin nine, that part of Lauderdale county lying east of Shoal Creek, shall compose regiment number ten, and that part lying west of said creek, shall compose regiment eleven, St. Clair twelve, Shelby thirteen, Blount fourteen, Jefferson fifteen, Marion sixteen. That Thomas C. Hunter, Dennis Duit, Thomas Williams, Joseph D. Harrison, and William Young are hereby appointed to divide the county of Tuscaloosa into two regiments, as nearly equal as possible, having in consideration population as well as extent, Tuscaloosa seventeen and eighteen, Greene nineteen, Marengo twenty, Cahawba twenty-one, Dallas twenty-two, Autauga twenty-three, Montgomery twenty-four, Henry twenty-five, that part of Monroe lying east of the Alabama river shall compose the twenty-sixth regiment, and that part lying west of Alabama, shall compose the twenty-seventh regiment, Conecuh twenty-eight, Butler twenty-nine, Clarke thirty, Washington thir-
ty-one, Perry thirty-two. The northern regiment of Madison shall be the second regiment, the southern regiment of said county shall be the third regiment; the eastern regiment of Limestone shall be the fourth regiment, and the western regiment of said county shall be the fifth regiment; the northern regiment of Lawrence shall be the seventh regiment, the southern regiment of said county shall be the eighth regiment, and the time between the fifth and sixth townships shall be the dividing line of said regiments.
Sec. 4. Major-Generals shall be elected by all the commissioned officers in the division; Brigadier-Generals shall be elected by all the commissioned officers of their respective brigades: Field officers shall be elected by all persons liable to do militia duty in their respective companies: Captains and subalterns, by those persons liable to perform militia duty in their respective companies. All militia officers may hold their commissions during good behaviour. None shall be permitted to resign under three years, under the penalty of being ineligible to any military appointment for the succeeding three years; and, in case any military officer may become a candidate at any election for a superior office and not be elected, his place shall not be vacated thereby.
Sec. 5. The Adjutant-General and Quarter-Master-General shall always be elected by joint vote of both Houses of the General Assembly, and shall hold their offices for the term of four years; Provided always, That the Governor shall have the power to fill any vacancy that may occur in the recess of the General Assembly, by appointments to expire at the end of the next session of the General Assembly succeeding such appointment; Provided also, That all general officers elected under this act shall be commissioned under the same date and draw for rank: Provided, That the commander in chief shall always in time of war fix their rank.
Sec. 6. Major-Generals shall have the power to appoint an Assistant Adjutant-General to their respective divisions, whose duty it shall be to receive returns of the strength and condition of the militia from the Brigade Major, compile three copies of the same, lay them before the Major General for his inspection, and transmit annually, two copies thereof to the Adjutant-General of the State, and retain the other copy in his own office. It shall also be his duty to make all details (in pursuance to orders from the Major-General) on the different brigades of their respective divisions, and keep a fair register of all the general orders and official acts of the Major-General, and lay the same when required, before any tribunal, before whom a Major General may be tried on any charges exhibited against him. The Major-General shall appoint two Aids-de-camp, who shall have the rank of major, and perform such duties as
are performed by Aids of Major-Generals in the army of the United States.
Sec. 7. Brigadier-Generals shall appoint their Brigade Staff, which shall consist of a Brigade Major with the rank of Major, an Aid-de-camp with the rank of Captain. A Brigade Quarter-Master, with the rank of Captain. It shall be the duty of the Brigade Major to attend Brigade drills when ordered, under the direction of the Adjutant General by the Brigadier-General and drill the officers in conformity with the rules and regulations for the field exercise and maneuvers of the infantry of the United States; to receive from the Adjutants of regiments in his brigade, returns of the strength and condition of the several regiments, and compile three fair copies thereof, which he shall submit to the Brigadier-General for his examination and inspection, two of which copies he shall annually transmit to the Adjutant General of the division, to which his brigade may be attached, and the other he shall retain in his own office; It shall also be his duty to make all details in pursuance of orders from the Brigadier-General on the respective regiments of his brigade, and keep a fair register of all general orders and official acts of the Brigadier General, and lay the same before any tribunal before whom the Brigadier-General may be tried on charges alleged, when required so to do. It shall be the duty of Aids-de-camp to perform such duties as are performed by Aids of Brigadier-Generals in the army of the United States. Brigade Quarter-Masters shall attend brigade drills, designate and lay off the ground for drilling and encamping the officers, take charge of all public stores committed to his care, and perform all other duties required of an Assistant Quarter-Master-General in the service of the United States.
Sec. 8. The Assistant Adjutants General shall receive the sum of three dollars each day they may be engaged in discharge of their respective duties, to be paid out of any money in the treasury not otherwise appropriated, on the certificate of a Major-General or Brigadier-General.
Sec. 9. Major-Generals may review any corps of their division, when they may think proper. Provided, they shall not convene by special order any troops for that purpose. Brigadier-Generals shall review the different regiments of their brigades, once in each and every year. Major-Generals, or officers commanding divisions, shall receive and execute all orders from the Governor and Commander in Chief Brigadier-Generals, or officers commanding brigades, shall receive and execute all orders from the Major General, or officers commanding divisions. Colonels, or officers commanding regiments, shall receive and execute all orders from the Brigadier-Generals, or officers commanding brigades. All officers commanding battalions and
companies shall receive and execute all orders from commanding officers of regiments.
Sec. 10. It shall be the duty of the Governor and Commander in Chief, to cause all the commissioned officers of the different brigades to meet at some convenient place, near the center of the brigade, and have them drilled and encamped on the ground by the Adjutant-General, not less than four, nor more than six days, in each and every year; and the Governor shall give the Brigadier-General sixty days notice of such drills and encampments, and the Brigadier-General shall give thirty days notice of such drill and encampment, to the commanding officers of Regiments of battalions, as the case may be; and any officer failing or refusing to attend any of the aforesaid drills and encampments shall be liable to be arrested and cashiered, in addition to the fines ascertained in the twenty-sixth section of this act. Provided. That all reasonable excuses shall be taken; And provided furthermore, That the Governor may at his discretion, when it will be greatly inconvenient to the officers of any brigade to assemble at one place for the purpose of drill and encampment, to divide and cause the drills to be at two different places, as convenient to the officers in the extremes of the brigades, as may be.
Sec. 11. The Governor shall detail Courts Martial for the trial of Major-Generals, who may have been guilty of any mutinous, unmilitary or ungentlemanly conduct, or for any neglect or refusal to discharge his duty, which court shall consist of at least seven members, one of which shall be a Major-General. No sentence of a Court Martial, affecting the life of a Major-General, shall be executed without the consent of four fifths of both Houses of the General Assembly nor shall any sentence not affecting the life of a Major-General, be executed, until submitted to, and approved by the Governor.
Sec. 12. When any of the Brigadier-Generals may have been guilty of any mutinous, unmilitary or ungentlemanly conduct, or any neglect or refusal to discharge his duty, the Major-General shall have power, and it is his duty to arrest the Brigadier-General, and detail a General Court Martial for his trial, to consist of seven members, one of whom at least shall be a Brigadier-General. No sentence of a Court Martial affecting the life of a Brigadier-General shall be executed, unless approved by four fifths of the whole number of both Houses of the General Assembly, nor shall any sentence not affecting the life of a Brigadier-General shall be executed, until submitted to, and approved by the Major General.
Sec. 13. Brigadier-Generals shall have the power, and it is their duty to arrest any field officer under his command, on charge of unmilitary or ungentlemanly conduct, or neglect
or refusal to discharge his duty, and detail a Court Martial for the trial of such Field officer, to consist of seven members, one at least of whom shall be of equal grade with the accused, and the balance, Field officers. No sentence of any court martial affecting the life of any Field officer, shall be executed, until sanctioned by four fifths of the whole number of both Houses of the General Assembly, nor shall any sentence not affecting life be executed, until submitted to and approved by the Brigadier-General.
Sec. 14. Whenever any of the Courts Martial (Regimental Courts Martial excepted) provided for in this act, shall have been detailed and convened, the senior or superior officer shall be the president, and the court shall choose a Judge Advocate, who shall be sworn by the President, to a faithful and impartial performance of his duty, and to keep the proceedings of the court secret, until divulged by the officer ordering the same; the Judge Advocate shall then administer a similar oath to the President and members of the court.
Sec. 15. The Governor shall have power to appoint four suitable persons, as his Aids-de-camp, who shall have the rank of Lieutenant Colonel, and serve the Governor in the same manner as aids of general officers do.
Sec. 16. The Adjutant-General shall rank as Colonel of Calvary; he shall receive from the Assistant Adjutants General of Divisions, all returns of the strength and condition of the Militia of this State, and make out four fair copies thereof, annually, lay one copy of the same before each branch of the General Assembly, and retain one copy in his own office, for the information of the Governor and Commander in Chief. He shall transmit all orders from the Governor, and in pursuance of his orders, make details on the several divisions of this State. He shall annually transmit to the Secretary of the War Department of the United States, a return of the strength and condition of the Militia of this State: he shall obey and execute all orders of the Governor: he shall attend at each brigade encampment, and train the officers under the direction of the Major-General, or Brigadier General, in the most approved evolutions, as directed for the discipline of the United States troops, and receive as compensation therefor, the sum of one thousand dollars.
Sec. 17. The Quarter-Master General shall be charged with the care of all public stores, of arms, ammunition, tents, camping equipage, etc. And whenever any part of the militia of this State shall be called into actual service, he shall, on the requisition of the Governor, or officer commanding the detachment, furnish such article of arms, ammunition and camp equipage, as may be in his possession or power to procure; he shall perform all such duties, (when
in the field) as are performed by Quarter Masters General in the army of the United States, and shall have the rank of Colonel of Infantry; he shall keep a register of all arms accouterments and military stores, belonging to the State; he shall also take care, that the public arms and stores are not destroyed; he shall also take charge of all public arms and stores, as may be returned by any part of the militia of this State, who may have been in actual service; he shall at all time give to the Governor when required, an account of the quantity, state, and condition of all arms, camp equipage and public stores that belong to the State, he shall give security in the sum of ten thousand dollars, for the faithful performance of his duty, and receive for his services annually, two hundred dollars.
Sec. 18. The Commander in Chief for the time being, may at his discretion, aid and assist the citizens of any portion of the State, in erecting temporary works and means of protection, and build such redoubts, and establish such military posts, as he shall deem necessary and best calculated to promote the common defence.
Sec. 19. The Commander in Chief for the time being, shall have the authority to remove to some temporary place of safety, and deposit, such portion of the arms, ammunition, and military stores, at any time deposited in the arsenals of the State, as circumstances may appear to require, and when necessary in his opinion to provide and furnish sufficient guards to protect the public arsenals until it be found expedient to call out into public service, detachments of the militia, on whom this duty may in part devolve; and it shall also be his duty from time to time to examine, or cause to be examined by some proper officer, the situation of the several arsenals throughout the State, to require security from the arsenal keepers, and to remove them for negligence, or other improper conduct, or for incapacity of performing the duties devolving on them as such, and to appoint, in case of removal, other persons to supply the vacancy thereby occasioned.
Sec. 20. Each commandment of a regiment of Militia in this State shall hold a regimental muster annually, at such time and such place, as may be designated by the brigadier general, who shall give thirty days notice to the commanding officer of the regiment of the time and place of holding such regimental muster; and each Battalion shall hold one muster in each and every year, at such time and place, near the centre of the bounds of the battalion, as may be directed by the commanding officer of the regiment, he giving the commanding officer of the battalion, twenty days notice of such muster.
Sec. 21. It shall be the duty of the Adjutants of Regiments to attend all regimental muster; and assist
in preparing for review or evolution; he shall keep a register of the officers of the regiment, with their grades and of the strength and condition of each company, he shall obey all orders from the field officers of his regiment, and serve all notices or process directed to him on the officers of his regiment; he shall make annually, on or before the first Monday in July, to the Brigade major, a complete return of the strength and condition of his regiment by battalions; he shall keep a record of all regimental or battalion orders, and of the proceedings of regimental and battalion courts martial, he shall keep a register of every officer and private, drafted or detailed for the service of the State, or the United States, muster, inspect and march to the place of rendezvous every detachment of detailed militia, and forward a complete return of them to the Brigade Major, he shall distribute to the captains or commanding officers of his regiment, such forms of returns as the Brigade Major may furnish him with, and each Adjutant shall receive such compensation, as the Regimental court martial shall think proper for his services to be paid by the Paymaster out of fines collected, on order from the President of such court.
Sec. 22. It shall be the duty of the Quarter Master, to attend
all regimental and battalion musters, and under the direction
of the commanding officer, choose a place of parade, and with
a guard prevent disturbances from spectators, he shall on order
from the commanding officer of the regiment, purchase instruments
of music, colours & etc.
Sec. 23. It shall be the duty of the Paymaster to attend regimental and battalion musters, and aid in the execution of the orders of the commanding officer, he shall receive all money collected for fines, by the sheriff or constable, and receipt for the same, he shall account to the regimental court martial, at every annual session, to the amount of fines received, and how expended, he shall on order from the president of regimental courts martial, pay the Quarter Master and Adjutant for expences and services, he shall give sufficient security for the Colonel or commanding officer for the faithful performance of his duty, and shall retain six per centum out of the monies received, as compensation.
Sec. 24. The Adjutant, Quarter Master, and Paymaster shall rank as first Lieutenants, and the regimental staff in addition to them shall consist of a regimental Surgeon, two Surgeon's Mates, a Sergeant Major, Quarter Master Sergeant, a Drum Major and Fife Major.
Sec. 25. It shall be the duty of Company officers, to hold Company musters, once in every two months, except in the months of November, December, January, and Febru-
ry; to give ten days notice of every company, battalion or regimental muster, and advertising at the usual muster ground and six other public places in the bounds of his company, or in any newspaper circulating within the same, or notice given at one muster, of the next company, battalion, or regimental muster, shall be deemed sufficient notice of the same, and the commanding officer shall note down all delinquencies at company musters, and make a return on honour thereof, to the company court martial, and in like manner, make returns of delinquents at battalion or regimental musters, to battalion or regimental courts martial; he shall cause the company to be drilled in the next step, the manual and the evolutions prescribed for the field exercise and maneuvers of the infantry of the United States.
Sec. 26. The following fines shall without arrest be assessed on officers and privates, at the states regimental battalion and company courts martial on a Colonel, for nonattendance at any regimental muster, drill of officers, regimental courts martial, or omitting to give notice of officers drills and musters, not less than twenty dollars, nor more than forty dollars; for failing to order battalion musters annually, not less than ten dollars, nor more than fifty dollars; for failing to order a regimental court martial, once a year, and give due notice and attending at such court, fifty dollars; for failing to call out his regiment on an alarm, of failing to hold any draft, ordered, five hundred dollars; for deficiency of any article of uniform, not less than five dollars nor more than twenty dollars; for neglecting to order music and colours to be purchased by the Quartermaster, and distributing the same, ten dollars; for neglecting to take a bond from the Paymaster, five hundred dollars; for failing to arrest any officer of his regiment, for any offence before recited, or for unmilitary or ungentlemanly conduct, and failing to detail a special court martial to try such officer, one hundred dollars; for failing to return the Lieutenant Colonel, Major, Adjutant or any member of the staff for any offence, one hundred dollars. On a Lieutenant Colonel or Major for non-attendance, at any field muster, drill of officers, regimental or battalion courts martial, for failing to give notice to his Captains or either of them, of any field muster, regimental or battalion courts martial, not less than ten dollars, nor more than forty dollars; for deficiency of an article of uniform, or arms, not less than five dollars, nor more than twenty dollars; for failing to turn out his battalion on order, or executing any draft thereon, five hundred dollars; for failing to order Battalion courts martial once in every year, fifty dollars; for failing to return any of his captains in default, to the regimental, or battalion court martial, twenty dollars; On an Adjutant, for failing to execute any one article of
his duty, as enumerated in this act, any sum that the regimental court martial shall assess not less than twenty nor more than one hundred dollars; for deficiency of any article of uniform, not less than five nor more than twenty dollars. On a Quarter-Master, for failing to attend a regimental field musters and drills, not less than five nor more than fifteen dollars, and for failing to do any other item of his duty, enumerated in this act, such sum as the regimental court martial may assess, not exceeding fifty dollars; On a Paymaster for failing to attend Regimental musters and courts martial, not less than five, nor more than ten dollars; for failing to account with the regimental court martial, one thousand dollars; for failing in any other item of his duty as enumerated in this act, such sum not exceeding fifty dollars, as a regimental court martial may assess; On a Captain or Subaltern for non-attendance, at any field or Company muster, drill of officers, Regimental or Battalion Courts martial, ten dollars; On a Captain, for failing to give notice of any field or company muster, twenty-five dollars; for failing to drill his company as often as this act directs and give notice thereof to members and defaulters, twenty dollars; for deficiency in each and every article of uniform in any captain or subaltern, not less than five, nor more than twenty dollars; for failing to appoint and notify non-commissioned officers, thirty dollars; for not returning to the regimental or battalion court martial his subaltern for default, ten dollars; for failing to hear his company rolls called at each field or company muster, and to return to all defaulters to the proper court martial, twenty five dollars; for failing to appoint patrols duty thirty dollars; for failing to have every person liable to do militia duty in the bounds of his company, enrolled, or neglecting to return any private that is unarmed, ten dollars; for failing to make to his adjutant within ten days after his regimental muster annually, a complete return of the strength ad condition of his company, fifty dollars. On a non-commissioned officer, for refusing to act, ten dollars; for failing to give any notice, serve any process or obey any orders of his superiors, five dollars for failing to make return in writing to his commanding officer of the manner he has executed any order, five dollars. On noncommissioned officers, or privates, for non-attendance at any regimental or battalion muster, not less than one, nor more than three dollars; for non-attendance at company musters, not less than one, nor more than two dollars; for deficiency of any article of arms at muster, one half dollar; for refusing to turn out an order of his proper officer, in case of insurrection or invasion, seventy-five dollars; for failing to repair to the place of rendezvous when drafted or ordered into service, one hundred and fifty dollars
and all the pains and penalties to which a deserter from the service of the United States is subject to; all of which fines shall be returned to the sheriff of the county in which the offender may reside for the collection, by the president of the courts martial before whom they may be assessed; Provided, all reasonable excuses shall be taken, and Provided also, That any defaulter returned may, previous to the fines being assessed, go before any Justice of the peace, and make oath or proof of his excuse for non-attendance at any muster which shall be read in evidence, on his trial before such court. In cases where there has been manifest neglect of duty on the part of the officer or soldier, the court martial trying such offender, may add to the foregoing fines any amount, not exceeding the one fifth of the offender's state tax.
Sec. 27. Lieutenant-Colonels and Majors shall order battalion courts martial for their respective battalions annually, and detail one commissioned officer from each company in his battalion, to convene and sit at some place as near the centre of the battalion as convenient, in which they shall assess all fines incurred by officers, non-commissioned officers and privates, at battalion musters, having given twenty days notice of the time and place of holding such courts, and having taken an oath to render impartial justice to all concerned, according to law, and to the best of their knowledge and judgment, which oath shall be administered by the president, to all other members present, and by some one member to the president, and the officer ordering the court, shall also name the officer in his battalion, who shall act as Judge Advocate to the same; any person aggrieved by the sentence of any battalion court martial, may appeal to the regimental court martial next succeeding; Provided, such person give security to the president of such inferior court, to pay the fine in case the same be conferred.
Sec. 28. The commanding officers of the regiments shall once in every year detail a regimental court martial, to consist of the commanders of battalions, one commissioned officer from each company of his regiment; the president shall administer the oath prescribed in the twenty-seventh section of this act, to the Judge Advocate, and the Judge Advocate to the other members; such courts shall assess all fines incurred by the officers, non-commissioned officers and privates of the regiments in the cases before recited, and shall hear and decide all appeals sent up, and confirm or reverse them, and send by the adjutant a list of the cases so confirmed and decided to the sheriff, that the fine may be collected. No officer shall sit while his own case is considered; the commanding officer shall give twenty days notice of the sitting of the court martial, and name the of-
ficer who shall act as Judge Advocate, and any officer may return the colonel or any other officer in default, to the regimental court martial.
Sec. 29. The sheriff, or any constable, in each county, shall collect all fines assessed at courts martial, on order from the president of such courts, containing the amount of fines and the names of the persons on whom they are assessed and the sheriff or constable shall collect and pay over to the regimental paymaster, within thirty days after the receipt of the assessment, and take a receipt for the same from the paymaster, and the sheriff or constable shall be allowed such fees as the law allows in other claims of the same amount. In case no property can be found, any defaulter may be seized and committed to jail until the fine be paid. Provided always, such defaulter may be released, by swearing before a justice of the peace that he is not worth the fine.
Sec. 30. No officer or private shall be arrested by any civil process, while going to, continuing at, or returning from any muster or court martial, or other military meeting; and any arrest, process or execution on the person, at such times, is hereby declared void. All persons liable to militia duty, going to or returning from any muster or court martial, shall pass all ferries, bridges and turnpikes free of expense.
Sec. 31. Any officer may put into confinement for the day, any bystander, that may interrupt the muster, drill or court martial and any person enrolled, appearing at any muster or drill, shall be ordered into the ranks, and if he refuses shall be put into confinement for the day, and fined in a sum not exceeding ten dollars and no person shall be exempt from military duty, unless in the opinion of a regimental court martial, the same may be wholly unfit for service, and if the court have doubts, they may require the opinion of the regimental surgeon; as soon, however, as such inability may be removed, the person shall be again ordered to duty.
Sec. 32. All militia called into actual service shall be paid, rationed and governed, as the United States troops are, and be subject to the "rules and articles for the government of the armies of the United States," whether such militia be accepted, in the service of the United States, or this State.
Sec. 33. In case of a second draft taking place before the tour of duty expires, for which a substitute has been hired, the substitute shall stand his draft, and if drafted be liable to join the second detachment, as soon as his former tour may expire, and in case of drafts the requisition shall call for officers, non-commissioned officers and privates; Provided always, That any person furnishing a substitute
shall be exempted from serving himself, but shall notwithstanding, be compelled to attend company, battalion and regimental musters, and perform patrol duty, and in the event of a second draft, should his substitute be drafted before the former tour in performed, the person furnishing said substitute shall perform the tour of duty of said substitute, until the former has been performed, and the said substitute join the second detachment.
Sec. 34. All persons liable to do militia duty, moving into the bounds of a company, shall within thirty days, or at the next muster after his arrival in said bounds, report himself to the commanding officer of said company, who shall immediately enroll him and any person failing to report himself accordingly, shall in case of a draft of the militia, not stand his draft as others, but shall be placed on the first requisition. The commanding officer of a company, shall enroll all able bodied men, between the age of his bounds, and in all cases the commanding officers of all militia companies shall compel every person enrolled or residing in the bounds of his company, to do duty therein, until such person shall produce a certificate from the captain of some volunteer company, that he is legally enrolled in such corps and is equipped as the corps requires.
Sec. 35. There may be one company of light infantry, rifleman or grenadiers to each regiment, to consist of not less than forty-eight, nor more than eighty privates, and shall be commanded by a captain, two lieutenants and one ensign, four sergeants four corporals, and two musicians or buglemen, as the case may be, and any person belonging to any volunteer company, shall not be exempted from serving as patrols, under the appointment of captains of regular militia companies, and all volunteer companies of light infantry, riflemen, or grenadiers, shall have the power to choose their own uniform; and no volunteer company shall be established for a shorter period than three years.
Sec. 36. There shall be only one troop of calvary in each regiment, which shall muster at such place as the commandant of the regiment may appoint, and one company of artillery, to muster in like manner, at such places as the colonel commandant may appoint.
Sec. 37. It shall be the duty of the Governor, forthwith, to issue his writ of election to the sheriffs, or some other person, of the different counties in this state, who, on the receipt thereof, shall hold elections for colonel, lieutenant colonel and majors in each regiment in their respective counties, and make immediate returns to the Governor thereof, and on the returns being made, the Governor shall grant commissions accordingly, and issue writs of election for Brigadier General, in their respective brigades, and
appoint a proper superintendent, naming the place and time for holding said election, and it shall be the duty of the superintendents holding such elections, to return the same sealed to the Governor, and on the receipt of said returns, he shall grant commissions, and then issue writs of election for Major Generals, appointing a proper place and superintendant, and naming the time for holding such elections, and it shall be the duty of such superintendent in like manner to seal the returns of such elections, directed to the Governor, whose duty it shall be to grant commissions accordingly. And it is hereby directed that each officer respectively, shall organize his immediate command, and when an election for any company officer takes place, the commandants of battalions shall certify who had been elected to the Governor, who shall grant commissions accordingly; and in all subsequent elections the Governor shall appoint the time and place and superintendent of the election for Major Generals; Major Generals shall provide in like manner for the election of Brigadier Generals in the brigades composing their division. Brigadier Generals shall in like manner provide for the election of Colonel commandants of the regiments, composing their brigade: Colonel commandants shall in like manner provide for the elections of Lieutenant Colonels and Majors, to command the battalions in their regiments; and Lieutenant Colonels and Majors shall in like manner provide for the election of all company officers.
Sec. 38. That when any officer shall be elected agreeable to the mode printed out, and directed by this act, the opposing candidate after such election has been held, and before return is made thereof, if he thinks himself aggrieved and shall think proper to contest the election, he shall remonstrate to the Governor forthwith, and if a captain or subaltern give thirty days notice to the officer, who is returned elected, that at the next Battalion court martial he intends to contest his election, and it shall be the duty of the Battalion court, to examine all returns, made of said election, and determine who is duly elected, and should a candidate for Colonel, Lieutenant Colonel or Major determine to contest an election, he shall remonstrate as before, and shall give at least thirty days notice to the party, who has been returned elected, that at the next regimental court of Inquiry, he will contest the election, by which he has been returned elected, and said court shall examine all the returns and pronounce who has been duly elected and should a candidate for either a Brigadier or Major General, think proper to contest an election, the party thinking himself aggrieved, shall remonstrate as before, and shall give notice to the returned officer, that he intends contesting his election, which notice shall be given at least sixty days provi-
ous to the decision of such contest, when the returns and other vouchers relating to such election, shall be made to the Governor, who after examining the same, shall declare who is duly elected. Provided, That if any person shall contest the election of any officer of the Militia of This State, he shall notify him in writing, stating the grounds that is intended to contest the election on, also to give ten days previous notice, stating the time and place for taking such deposition to be read as evidence in such case.
Sec. 39. The commandant of Brigades shall call a court martial at such time and place, as he may deem most convenient, to be composed of all the field officers in his Brigade: at which court the commandant of Brigade shall preside, a majority of all the field offices in the Brigade to constitute a court for business, which shall be called a Brigade Court Martial, and shall regulate the bounds of the different regiments in the brigade, and form additional regiments, when by it, the court are of opinion in, the interest of the State will be advanced. The president of the board shall (when a new regiment is formed) issue orders for an election to be holden for Colonels, and direct the time and appoint superintendents for the same, and the colonel, when elected, shall proceed to organize his regiment in such manner as is prescribed by this act.
Sec. 40. That the counties of Baldwin, Mobile, and Wilcox shall each compose one Battalion, to be commanded by a Lieutenant Colonel, who shall be appointed in the manner prescribed by this act for the election of Colonels commandants, and the said Lieutenant Colonels shall have the power to appoint their Staff, and organize their respective Battalions, in the same manner that colonels commandants are directed by this act. Provided always, That it shall be the duty of the Brigadier General, in whose brigade any of the counties above named may be, to organize a regiment therein, so soon as the militia thereof shall amount to five hundred effective men.
Sec. 41. That the uniform established by the laws of the United States for the different corps thereof, shall be the uniform for similar corps in this State, and the same shall be declared from time to time by the Governor, by general proclamation.
Sec. 42. All officers whose rank is not fixed, or whose duty is not prescribed by this act, shall hold such rank, perform such duty, and receive such pay when in service as similar offices hold, do and receive in the United States army.
Sec. 43. That all arms and accoutrements to the militia of this State shall be at all times, exempted from distress either by attachment, execution or other legal process.
Sec. 44. In case of alarm from an enemy, either internal or external, information (on which he can rely) being lodged with any commandant of a company, he shall forthwith call together his command or any part thereof, and dispatch an express immediately, to the nearest field officer, who shall dispatch expresses at his discretion, call out his command, and shall have power by themselves or their warrants to any inferior officer or soldier, to contract for any arms, ammunition, provisions, horses, wagons, carts, boats, periaugers, and vessels with their furniture, or whatsoever other things, they shall want, or have need of, for the service of the State. Provided, that all such things, so contracted for, be by the said officers or their clerks entered in a book, to be kept for that purpose: and the captain or commanding officer of each company, after such alarm shall be over, and before such company shall be discharged, shall order as many men as he may think necessary, to carry the several things by him contracted for, to the respective owners, who, upon the delivery of the same, shall give a receipt. The officer shall likewise have power to draw on the public treasury, for so much money as he shall think the carriage of the several things are worth.
Sec. 45. Every officer, before he enters on the duties of the office, to which he shall have been appointed, shall take and subscribe an oath to support the constitution of the United States, and the State of Alabama; and also to demean himself well and faithfully, and impartially to execute the duties of his office, to the best of his ability, a certificate of which shall be lodged with the adjutant of the regiment, for all company officers; and for all field and general officers, with the Governor.
Sec. 46. And be it further enacted, That company courts martial shall be holden on the next company muster day or any time within ten days thereafter, and that at each regimental court of inquiry, the proceedings of each company court martial, shall be returned by the captain or commanding officer of each company, accompanied by a certificate on honour, that the return is correct. The commandant of each company shall give notice at each muster, of the time and place of holding such court, which shall be deemed a legal notice to delinquents.
Sec. 47. Be it further enacted, That should any person who has been fined according to the provisions of this act, remove out of the county in which said fine was assessed, the amount of said fine, shall be forwarded to the Sheriff of the county into which the delinquent has removed, by the Sheriff of the county from which be removed, and the Sheriff to whom said return is made shall proceed forthwith to make money, and shall within thirty days cause the money to be paid over the Paymaster of the regiment,
from which said delinquent removed, after retaining such commissions, as are granted for the collection of such sums in other cases.
Sec. 48. And be it further enacted, That the Governor is hereby authorized and empowered to accept of the service of volunteers, from that class of citizens, exempt from military duty, to act on cases of emergency, in the defence of the counties from which such tender of service may be respectively made, and as soon as the number proffering their service from any one county, will justify the appointment and commissioning of officers; the Governor, at his discretion, shall make and issue such appointments and commissions, being regulated by such rules in establishing the grades as he may adopt. Provided, no person be enrolled under the age of eighteen years, except with the consent of his parent or guardian; and immediately after the Governor's acceptance of any number of such volunteers, each private shall proceed to arm himself, with a good rifle or shot gun, with four spare flints and twenty rounds of powder and ball, or cartridges of powder and buck shot, together with the most convenient accoutrements. The commissioned officers of such corps shall arm themselves with swords. And when in the opinion of the Governor, an emergency shall require it, he is authorized to call into service the whole or any part of such volunteers, who shall receive good pay, and be subject to such rules, as other corps of militia are.
Sec. 49. And be it further enacted, That any person or persons who may hereafter be conscientiously scrupulous of bearing arms, shall make known their scruples and the cause thereof, on oath of affirmation to the court martial of the regiment to which they belong, and power is hereby vested in said court, to exempt him or them from military duty, on his or their paying such equivalent for his or their personal services, as the court may direct. Provided, That no equivalent as an exemption for personal services shall be demanded, in time of peace.
Sec. 50. And be it further enacted, That in all cases of trial of any officer of the militia of this State, for ungentlemanly conduct, or misbehaviour in office by any court martial, when not in actual service, either under a regular requisition at call of the United States, or of this State, the judgment of said court shall in no case affect the life of any person accused, but shall only operate to removal from office, reprimand or fine, in any sum not exceeding one thousand dollars, at the discretion of said court,
Sec. 51. And be it further enacted, That all acts and
parts of acts repugnant to this act, be and the same are hereby repealed.