The Mirrour — Concord, N.H., 1793-04-08 00:00:00, page 1

Publfbed [not by Authority] pro Bono Publico;
An ACT for forming and regulating the Mi
litia within this State, and for repealing
all the Laws,heretofore ro^de for that pur
pose, Raffed December 28, 1792.
Blit enaaed by the Senate and House vfßepre
fostatives in General Court convened, That
the federal Laws heretofore made for regulat
ing the Militia, be, and hereby are repealed,
And be it further enabled, That each _and ey
ery free ablebodied white male Citizen of this
State, resident therein, who is, or shall be of
the Age of eighteen Years, or under the age of
forty Years, except as herein after excepted,
Shall feveraliy and refpe&ively be enrolled in
the Militia by the Captain or commanding
Officer of the Company, within whole bounds
such Citizen Shall reside, within fix Months af
terthe passing this Ad. And it (hall, at all
• Times hereafter, be the duty of such Captain
or commanding Officer, of the Company td en
rol every such Citizen, as aforefaid ; and also
those who shall from time to time, arrive at the
Age of eighteen Years, or being of the Age
of eighteen Years and under thg Age of forty
Years (ertcept as hereafter excepted) Shall come
to reside within his Bounds ; and Ihall without
delay, notify fucheitizen of said enrolment by
a proper noncommissioned Officer.of the Cam
pa ny, by whom such notice may, be proved.
I &dbe r it fur& That the Vicepre
l fident of the United Stater, the Officers judi-
A cial and executive of the Government or, the
■ U. S. the members of both houses of Congreft,
L and their refpedive Officers ; all cuftomhoofe
■ offiers, with their Clerks; all pest Officers,
■ and stage Drivers, who are employed in the
Care and Conveyance of the Mail of the post
7 Office of the %W States, and of this State ;
< ,' all Ferrymen employed at any Ferry on the
post Road; all Infpe&ors of Exports; all pi
lots ; all Mariners actually employed in the
Seafervice of and Citteen or Merchant within
the United States ; members of the Senate and
House of Representatives for the Time being ;
.' Secretary and Depu yfecretary of the State ;
State and Ceunty Treasurers; Recorder of
Deeds ; all civil Officers, Students of Colleges
-land Academies ; Ministers of the Gospel ; El
ders and Deacons of Churches ; church War
dens ; grammar Scboolmafters for the Time
being ; Master of Arts ; People denominated
Quakers; Selectmen for the Time being ; Tu
tors or Preceptors of any College or Academy;
all Persons who may have sustained Commis
sions of the Peace ; all who have, either under
the Commission of the State, or the United
States, or any particular State, held the Office
^ of a Subaltern or Officer of higher Rank ; all
''Phyficians and Surgeons, who have Certifi
cates from the medical Society or Selectmen of
the Town or Place wherein they reside ; one
^ Miller to each Cornmill, and one Tollgather
to each Tollbridge, shall be, and they are
hereby excused from Militia Duty, and also one
Ferrymen to each Ferry.
And be it further exalted, That it shall be the
Duty of the Captain or commanding Officer
of each Company, twice in every Year, ex
clusively of the battalion Meeting, to call
forth his Company for Infpedion of Arms,
and Inftruaion in military Discipline, viz.—
• in the Months of June and September, an
nually, and at such other Times aS he (hall
ithink best ; and that each commanding Offi
\cer ot a Battalion, (hall call his Battalion to
) gether once in every Year.
And be it further enabled, That each Division
within this State, shall be commanded by one
Majorgeneral,who shall have two Aidfdecamp,
with the Rank of Major; each Brigade by one
Brigadiergeneral who Shall have one Brigade
infpe&or, who is also to perform the Duty of
Brigademajor, with the Rank of Major. To
each Regiment, one Lieutenantcolonelcom^
>' mandant ; and to each Batttaiion one Major ;
Volume L]
STATE of NEWHAMPSHIRE.
Published by ELIJAH RUSSELL, at his QFFICE, near the Meeting House, in CONCORD, Newhampsh lßE.
MILITIA ACT.
CONCO R D, MONDA Y, April 8, 1793.
The Mirrour.
to each Company one Captain; one Lieuten
ant, one ensign, four Sergeants, four Corpo
rals, one Drummer and one Fifer. That the
regimental Staff, (ball consist of one Adjutant,
one Quartermaster, to rank as Lieutenants ;
one Paymaster; one Surgeon ; one Surgeon's
Mate ; one Sergeantmajor ; one Drummajor
and one Fifemajor.
And be it further enaaed, That there fhall.be
provided at the Expense of this State for each
Regiment one Standard and one Suit of regi
mental Colours—,the Standard to bear the De
vice, " the Arms of the United States ;" the
regimental Colours, " the Arms of this
State that the Drums and Fifes be furnifh
ed by <he commanding Officers of the Compa
nies, at.the Expense or the State.
And b, it further enabled, That the Several
commanding Officers of Companies, (ball
cause accurate Returns to be made of their
Companies to the commanding Officer of the
Regiment to which they belong, before the
firft Day of February annually ; and the com
manding Officer of each Regiment, Shall cause
to be made to the brigade Major, a proper
.Return of his Regiment before the firft Day of
March annually ; and the refpedive Brigade
Majors, shall make out to the adjutant Gene
ral, Returns of their refpedive Brigades before
she firft Day of April annually ; agreeable to
the Forms that may be established by the ad
jutant General, which the adjutant General
shall cause attested Copies of, to be ranged in
the secretary's Office,by the firft Day of May
annually.
. And be it further enabled, That each com
manding Officer of a Company, who shall ne
gle& to call his Company together, as before
provided, shall forfeit and pay for each neglect
the Sum of fix Pounds ; and each command
ing Officer of a Battalion who shall negled to
call his Battalion, as before direded, mall pay
a Fine of nine Pounds.
And be it further enaaed, That it shall be at
cbunted fufficient Notice to any noncommis
sioned Officer or Privates, for Appearance on
muster Days, to be notified of such Muster by
a noncommissioned Officer jn Person, or by a
Writing by him signed, to be left at his last,
and usual Place of Abode, four Days-prior to
such Day of Muster ; and if any noncommis
sioned Officer or Private, after such Notifica
tion, shall unnecessarily negle& to appear e
quipped, as the Law direfts, he shall pay a fine
of nine Shillings, which shall be levied by dis
-tress,. and sale of the offender's goods & Chat
tels, by Warrant under the Hand and Seal of
the Captain, or commanding Officer of said
Company, ta be direded to the firft Sergeant
of the Company, who is to levy the fame, by
the fame Rules and Regulations, as the Laws
have pointed out 'for colleding Rates and Tax
es, and shall have one quarter Part thereof for
his Trouble, and the fame Fees that are allow
ed to Collectors, on diftraining for Taxes, and
if no Goods and Chattels of the Delinquent
are to be found, then to levy the fame on the
Body of such Delinquent : Provided newertbe
lefs. That no such Warrant shall be issued un
,til,fifteen Days after said muster Days, that
the Delinquent may have time to make excuse
(if any he has) for nis Nonappearance, which
is to be made to the commanding Officer of
the Company.
And, be it further enalled, That if any non
cammiffioned Officer or Soldier, shall prove
refractory or disobedient on a muster Day, or
Ihallinfult or abuse his Officers, or either of
them, or treat them with difrefped or con
tempt, the commanding Officer present, may
order the Offender to be immediately tried by
five commissioned Officers, if so many should
be present ; and if not so many present, as
many as there are in the Field, who are em
powered to puniih the Offender, by ordering
him to pay ,a Fine not exceeding forty Shil
lings, at the Discretion of the Officers, or ride
a wooden Horse. 1 °'
&beit farther ffef, That on all muster
rah; beg Officer yield due Obedience
to his Superior Officer ; and every non com.
missioned Officer and Soldier shall yield en
tire and due Obedience to the Commands of
their foperior Officers, And if any Officer
shall, on such Days (or at any other time) re
fafe and neglect to obey the Orders he may
-receive from his foperior Officers refpeaing
any matter relating to the Government of Mi
litia, he shall be tried by a Court Martial, and
if convicted thereof, shall be calhiered. And
?tbe foperior Officer may immediately put such
Offender in arrest, and report him and his of
fence to the Officer commanding the Brigade
(if the Offender is under the Rank of a field
Officer) and the commanding Officer of the
Brigade is hereby empowered to appoint a
court Martial for such Trial, and to approve
the Sentence ; and if said Offender shall by
laid Court be cashiered, and the Sentence
thereof approved, the said Officer shall be
deemed incapable of holding any military Of
fice again in this State ; and in case the Of
fender is of the Rank of a field Officer, or of'
higher Rank, his offence shall be reported to
the Majorgeneral, or Officer commanding the
Division, who is hereby empowered to appoint
a court Martial for the Trial of such Offender,
to approve the Sentence of said Court ; and
ifthe Offender be found guilty and the Sen
tence shall be approved, he shall be difqualifi
ed as aforefaid.
The Commander in Chief shall at all times,
have the Right of appointing courts Martial,
when he shall think it necessary.
All courts Martial, when appointed by the
Commander in Chief, shall consist of thirteen
Members, the President of which shall be of
the Rank of Majorgeneral.
All courts Martial ^hen appointed by a
M^brgeneral# &B consist of thirteen Mem
bers, and the Present shall be a Lieutenant
colonel or Officer of higher Rank.
All courts Martial, appointed by a Briga
dier, shall consist of thirteen Members,ihe
President of which shall at least, be of the
Rank of a field Officer.
The Members of the courts Martial are to
be sworn by the President, and the President
ffiall be sworn Dy the next highest in Rank of
the Members'compofing the fame, and the
President of every court Martial, shall bare
powerto administer the oath to every witness.
In order fpihe Trial of Offenders, the Oath
of the President and Members shall be in the
Words following, viz.l
YOU swear, that you quill quell and truly try,
and impartially determine the Charge againfl the
Person now to be tried, according to the Rules for
regulating (be Militia of this State.
So help you GOD.
The Oath to be administered to witnesses id
Courts Martial, fhaU be in the Form follow
ing, viz.
YOU swear, the Evidence you Jballgrue Rela
tive to the Charge too in bearing, fall & the
Truth, the whole Truth, and Nothing but the
Truth. So help you GOD.
And be it further enaßed, That an military
.Officers shall be amenable to a court Martial
for any unofficer, or ungentleroanlike Con
dud or Behaviour while on Duty, and at all
other Times, and to be tried, and Sentence
approved in the fame Way and Manner as be
fore provided for Disobedience of Orders:
And be it further enured, That all Persons
called by Summons from the President of any
court Martial to give Evidence, who shall un
reasonably refute or negle&to appeir + or ap
pearing, shall refafe to give Evidence, shall be
committed to the common Gaol of the Coun
ty where such Court is fitfefoteeto remain
three Months, unless foonft discharged there
from by the Justices of the Superior Court:
And the President of the Court is to lodge she
Accusation aganft him with the prison Keeper.
And hit further Tee's That every Person
appointing a court Martial, shall appoint some
finable Person to ad as judge Advocate, who
shall make a fairßecord of the whole proceed,
inns, and deliver them to the Officer iDDoinK
[Number 24.