The Columbian informer, or, Cheshire journal — Keene, N.H., 1793-09-04 00:00:00, page 1

f^ND be it further enabled, That it (hall
be accounted Efficient notice to any non
commissioned officer or privates, for ap
pearance on mutter days, to be notified of
such day of mutter by a non-commiflioned
officer in perlon, or by a writing by him
signed, to be left at his last, and usual
place of abode, four days prior to such
day ofmufter ; and if any non-commif
fioried officer or private after fuck notifi
cation Oral! unnecessarily neglect to ap
pear equiped, as the law directs, he ihall
pay a fine of nine (billing,, which (hall
he levied by didrefs, and sale of the of
fenders goods and chattels, by warrant
under the hand and seal of the captain,
or commanding officer of laid company,
to be directed to the tirft sergeant of the
company, who is to levy the fame, by the
feme rules of regulations'; as the laws
have pointed out for colliding rates and
taxes, and (hall have one quarter part
thereof for his trouble, and the lame fees
that" are allowed to collectors, on dis
training 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 nevertbekfs, That
no inch warrant Dial! be issued until fifteen
days after hid mutter days, that the de
linquent may have time to make excafe
(if any he has) for his non-appearance,
which is to be made to the commanding
officer of the company.
And be it farther enured, That if any
nou-commiffioned officer or soldier, ihall
prove refrattey or difibedient on a
mutter day, or ihall insult or abuse his
officers, or either of them, or treat them
with difrefped or contempt, the com
manding officer present, toay order the
offender to be immediately tried by five
commissioned officers, if so many fyuld
be present ; and if not so many present,
as many as there are in the field, who are
empowered to punifa the offender, by
ordering him to pay a fine not exceeding
forty (hillings, at the difer^tion of the
officers, or ride a wooden horse.
An ACT for forming and regulating the
militia within this State, and for re
pealing all the laws heretofore made
for that ptupofc.
[No. 23. of Vol. I.]
And be itfurther enabled, That on all
mutter days, every officer Ihall yield due
obedience to his superior officer ; and eve
ry non-commissioned officer and soldier
shall yield entire ar.d due obedience to
the commands of their superior officers.
And if any officer mail, on such days
(or at any other time)refufe and neglect to
obey the orders he may receive from his
superior officers refpeding any matter re
lating to the government of militia, he
shall be tried by a court-martial, and if
convi&ed thereof, shall be cashiered.
And the superior officer may immediately
put such offender in arrest, and report him
and his offence to the officer commanding
the brigade (if the offender is under the
rank of a field officer) and the command
ing officer of the brigade is hereby im
powered to appoint a court martial for
such trial, and to approve the {entente ;
and if said offender that! by said court be
cashiered, and the fenfence, thereof ap
proved, the said officer shall be deemed
incapable of holding any tnilifary office a
gain in this State ; and in case the offender
is of the rank of a field officer, or of
higher rank, his offence shall be repotted
STATE of NEW^HAMPSHIRE.
[Concluded from our last.]
PRO BONO PUBLICO.
Militia Law.
{P'ffed December 28, 1,92.]
Printed and Published by HENRY BLAKE, & CO. in KEENE; NEw-H a MpsHlßi.
Or, C HESHI REJOURNA L.
THE
Columbian Informer;
to the major-general, or officer command
ing the divition, who is hereby impower
ed to appoint the &>urt-martial for the
trial Df such offender, to approve the
sentence of said court ; and if the offender
be found guilty and the sentence ihall be
approved, he Kall be disqualified as a
forcfaid.
>The commander in chief Ihall at all
timer, have the right of appointing
courts-martial, when he ihall think it
necefftry.
All courts-martial when appointed by
the commander in chief, ihall consist of
thirteen members, the prefident-of which
Ihall be of the rank of major-general.
All courts-martial, when appointed by
a major-general, Ihall consist of thirteen
members, and the president Ihall 5# a,
lieutenant-colonel or officer of higher
rank.
All courts-martial,appointed by a brig
adier, ihall consist of thirteen members,
the president of which Kali at Icaft, be cf
the rank of a field officer.
The members of the courts-martial afre
to be sworn by the president, and the
the president Kall be sworn by the next
hlgheft in rank of the members composing
the fame, and the president of every
court-martial, ihall have power to admin-,
ifter the oath to every witness. -
In order to the trial of offenders, the
oath of the president and members, ffiall
be in the words fallowing, viz.
YOU/wear, tbatynu will well and truly
try, and impartially determine the charge a
gainfl the per Jon now to be tried, according
to the rules for regulating the militia of 'this
State. So help you God.
The oath to be adminftered to wkneffes
in courts martial,.ffiall be in the form fol
lowing, viz.
YOU swear, the evidence you foall give
relative to the charge now in bearing, Jhali
be the truth, the whole truth, and nothing
but the truth. So help you GOD.
And be it further enabled, That all mili
tary officers ihall be amenable to a court
martial for any un-officer or un-gentlemen
like conduct or behaviour while on duty,
and at all other times, and to be tried,
and sentence approved in the fame way
and manner as before provided for disobe
dience of orders.
And be it further enabled, That all per
sons called by summons from the president
of any court-martial to give evidence who
(hall tinreafonably refufe or negled to ap
pear, or appearing, (hall refufe to give
evidence, ihall be committed to the com
mon gaol of the county where such court
is fitting, there to remain three months,
unlefi sooner difeharged therefrom by the
justices of the superior court: And the
president of the court is to lodge the ar
cufation against him with the prifoner
keeper.
And be it farther enabled, That every
person appointing a court-martial, shall
appoint feme suitable person toad as judge
advocate, who shall make a fair record
of the whole proceedings and deliver them
to the officer appointing said court-mar.
tial, who shall cause the fame, or a copy
thereof, to be lodged in the secretary's of
fice, within three months after such trial.
And be it further enabled, That out of
the militia enrolled as herein direded,
there shall be formed for each battalion,
at least one company of grenadiers or light
infantry ; and to each division tnere shall
be at least one company of artillery, and
one troop of horse. There shall be to
each company of artillery, ene captain,
two lieutenants, four sergeants, four cor
porals, fix gunners, fix bombardiers one
drummer'and one filer. The officers to
be armed with a sword or hanger, a fafee,
bayonet and belt, with a cartouch box, to
contain twelve cartridges ; and each pri
vate matrofs shall be furnilhed with the fame
equipments as privates in the infantry.
Thetc shall be toeach troop of horse, one
WEDNESDAY, September 4, 17^5.
capTz, two lieutenants, one cornet, four
ferments, four corporals, one saddler, one
farmer and one trumpeter. The commif
fionce officers to furnifh themselves with
good torfesofat least fourteen hands and
an h ; f high, and to be armed with a
fwc-d, and a pair of pistols, the holders
of which to be covered with bearskin
caps. Etch dragoon to furniffi himfelf
with a serviceable horse of at leak fourteen
hands and an half high, a good saddle,
bridle, mail-pillion, and valise, holders,
a breatt-plate and crupper, a pair of boots
and fpwrs, a "pair of pikols, a fabre, and
cartouch box, to contain twelve cartridges
for pidob. That each company of artil
lery and troop of horse, (hall be formed of
volunteers from the brigade, at the difere
tion of the commander in Chief of the
State, net exceeding one company of each
to a regiment, and ffiall uniformly be
eloathed in regimentals, to be furaifhod
at their own expense ; the colour and
fafhion to be determined by the brigadier
commanding the brigade to which they
belong.
And be it further enabled. That the com
mander in chief, the officers commanding
divisions, brigades or regiments, may ap
point military watches or guards when an
invasion of the State is apprehended,
in such place and under such regulation,
as they may judge necessary ; and all offi
cers and foldfers under their command are
to yield drift obedience to their orders
and directions.,
And be it further enabled, That the
figaals for an alarm are to be fixed by the
Captain general, and may by him be al
tered, from time to time, & proper notice
thereof is to be by him given to the fever
era! officers ; and if any non-commission
ed officer or soldier, shall upon the alarm
being given, usnecefcily negled to
tify to their captain or commanding offi
cer, that the, are unable to equip them
selves, and that the feledmen (bail, at the
erpence of the town, provide for, and
furnish fitch persons with arms and e
quipments ; which arms and equipments
(hall be the property of the sown, at
whose expence they were provided : And
ifany person so firnifhed, Ihall embezzle
or wilfully defiroy the fame he ihall be
punished by any court proper to try the
fame, upon complaint made by the felett
men of said town, by being publicly
whipped not exceeding twenty stripes,
or fined not exceeding forty fhijlmgs.
And that all fines recovered for embez
zling or destroying of arms and accou
trements as provided in this ad, (hall be
paid into the hands of the fele&men to be
appropriated in purchasing arms and ac
coutremeiits for fuck foldirrs as are unable
to purchase for themselves.
And be it further enabled, That parents,
matters, ana guardians (hall be liable for
the neglcd and non-appearance of such
persons as are under their care (and are
liable by law to train) and are to be pro
ceeded againtt for the penalty in the
fame manner, as by this ad is provided
against other delinquents.
And be it farther enabled, That such of
ihg:f m ntry as are under the care of par
ents, makers, or guardians, Kall be fur
nifned by them with such arms and accou
trements. And such as are unable to fur
nifh themselves, (had make application to
the feledmen of the town, who are to cer-
And be it further enabled, That each
non-TOmmiffioned officer and soldier bs
'°W"R to the regiments of foot, Kail
within one year from and after the palling
this a&, furniK himfelf with a gpcd fire
lock, bayonet and belt, a cartouch box
that will contain twenty-four cartridges,
twt?good flints, a knapsack and canteen —
and that the cammiffioned belonging to
companies of foot, ffiall be severally arm
edwith a (word or hanger, and an efpon
joon, and that the field officers be armed
with a sword or hunger.
And be it further enabled, That the cav
alry and artillery be fubjed to fine or
punishment in the fame manner as ihofe
who belong to the infantry.
And be it further enabled, That all courts
martial may consist of officers of any
corps within the limits of the brigade
where the perfen accused may reside.
And be it further enabled, That a captain
or commanding officer at the head cf his
company, may direct his rori-commiffioned
officers and foidiers to meet at any fu
ture day, which shall be legal notice.
And be it further enabled. That nor.-com
missioned officers be reduced to the ranks,
for any misdemeanor, whidrin th^L
appar properly armed and equiped, at
such time and place as the commanding
officer ihall appoint, he (h^ll pay a fine of
twenty ffiillings; and all fech persons
serving on any military guards, or watch
es, Ihall be puriKable for mifconduft
while in such service, by a court-martial
to be appointed by the commanding of
ficer ofiuch guard or watch, provided he
be. a field officer, and in case he is not,
then by the commanding officer cf the re
giment to which the offender belongs.
And be it further enabled, That when
iny non-commissioned officer ihall refufe
or neg'cd to notify or warn any of the
non Gemmiffioned office's or private lol
diers of the compan, to which he belongs
(being there o ordered by his superior of
ticer) he (hall pay a fine of twelve Kil
lings, for each nen-cemmiffioned officer
or soldier he ihall neglect .0 wern, to be
recovered in the fame w..y and manner as
is before provi ^L.
And he it further enabled That every
tint arising b, the breach of this ad, for
which no special made of rj^very has
been pointed out, my be recovered by
action, bill, plaice nr information, in any
court proper to try the fame.
And be it further enabled, That all fires
recovered of any non-commissioned officer
or soldier for negled of duty, (hill be paid
into the hands of the commanding officer
of the company, to which such ncn-com
miffioned officer or soldier may belong, to
be expended in defraying the neceffr,
expeaces of such company, as the com
missioned officer,f the fame may direst.
That all fines recovered of the command
ing officer of any company; ihall be paid
into the bands of the commanding officer
of tha battalion to-which. such commanding
officer ofa company may belong ; to be
appropriated in inftruding the music in
such battalion.
That all fines recovered of the com,
mending officer of any battalion, (hall be
paid into the hands of the commanding
officer cf the regiment to which such bat
talion may belong, to be disposed of in de
fraying the nocarfary cxper.ccs in forming
aid arranging companies in such regi-.
meat; as the field officers of the fame may
direct.
And be it farther enabled, That all com
missioned officers, ihall take rank according,
to the date cf their coromiffions ; and
when two of the fame grade bear equal
date, then the rwk to be determined by
lot, to be drawn by them before the com
manding officer of the brigade, regiment,
battalion, company o, detachment.
And be it further enabled, That the rules
of diftipiine approved and established by
Congress;. in their resolution bf the
twenty-ninth of March, one th ufand,
seven hundred and seventy-nine, (hail be
the rules of discipline to be observed by
the militia in this State.
And he it farther enabled. That it shall
be the duty of the brigade irfpeftor, to
attend the regimental and battalion meet
ings of the militia ccmpofiog their (eve
rat brigades, during the time cf their be
ing under-arms, to infpedt their arms,
ammunition and accoutrements ; superin
tend their excercife & marcevres, and in
troduce the system of military dikipline
before described.
[Whole No. 23.]