The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1838-01-16
laws OF Vermont.
An Act for regulating and governing the Militia
ofth State.-[ CONTINUED.
CHAPTER VII.


SEC. 6. Whenever any number of persons, not
exceeding fourteen, shall associate themselves into
COMPANY for the purpose of instructing themselves
in the art of martial music, within any regiment of
the militia of this state and shall provide ut their
own expense, suitable instruments for that purposes
and having equipped themselves to the acceptance
and appreciation of the field officers OF the regiment
to which they belong, they may in the discretion
of the field officers Of such regimont respectively
be annexed to such regiment, and be exempt from
the performance of military duty, in such way and
manner, and under such rules and regulations as
the respective field officers of each regiment NAV
provide. And each and every company of musi-
clans thus associated, within their respective reai-
ments, under the direction of the field officers of
such regiment, may, from time to time recruit said
company or band within their respective regiments
to the number of fourteen and all such persons so
Squipped, and having provided themselves with
suitebe instruments, aforesaid, may, in the dis
,ro,:on Of such field officers, be exempt from mill.
tary duty az aforesaid, $3.50
Prorided ,ss ~erthclcss, That nothing in this act
shall be construed, - exempt from military duty the
persons composing nlo'e man one oano OF music to
each regiment within this state.
SEC. T. The commanders of the several bands
of music which may, or shall have been organized
agreeable to the provisions of this act, shall have
the powers for calling the bands together for
exercise, and of amCrcing delnqucnts, IN penalties
for non-appearance, by law, gwen to the
nanders OF the militia companies. And it shall be
lawful for the commanders of such bands require
from individuals of the bands TO perform any duties,
which by law enjoned on sergeants or other
persons in the militia; and the persons of whom
any such service may be required, as aforesaid,
shall have the same powers as are by law given to,
or inflicted on, scrgeants or other persons in like
eases aud member Of any band Of music shall
be liable to be proceeded against for non'appearance,
dsobcdicnce Of orders disorderly conduct, while
parade, as is provided in case Of non commits
stoned officers and privates in the militia, and sub
lect to the same penalties.
COmpeR SGtt0nS.
SEC /. Each officer, non-commissl med officer,
musician and private in any standing company, or
any company of lghl-inianry, rilcmen or artillery,
shall be exempted from the payment OF taxes as
provided in the second section OF an act entitled "an
aaceraining the principles on which the list OF
this state sha! be made aud directing listers IN their
Office and duty" and the several acts in addition
thereto. Ench officer nom commissioned officer and
musician sha be ia d. for each day n attendance at
any regmeGtal dri!l IN their reSpeclve regiments
ordered by this act the sum OF one dollar; and to
the adiutant and Inspector general, there shall be
paid for each day S attendance at any reglmental
drill ordered hy this net, the OF three dollars.
Py0nided That the otlccrs attending the regiment
al courts martial ordered by this act shall not re-
ceive any compensation. Nor shall any officer,
non commissioned officer musician receive any
compensation for his attendance at any drill, or
court martial, unless SAID officer non commissioned
officer or musician shall appear at the place OF rem
devious dcsg mated in said order at the hour therein
appointed, fully armed and equipped, aud IN the
uniform to which no belongs, and shall during me
Whole time of his continuance upon parade under
the order of the commanding officer on duty, con-
duct himself in orderly manner, aud yield due
obedience TO the orders of SAID commanding officer,
Providcd, ncUc1theicsS, That officers attending
courts martial shall not be required to appear with
arms
CHAPTER
Rules and Articles.
SEC 1. The following shall be the rules and ar
tcles by which the militia of this State shall be
governed when not in actual service.
ARTICLE l. Every commissioned officer who
shall be guilty of unmilitary conduct, negligent of
duty, disobedince of orders, or who shall, when
hall,
ner, who shall wiluly Cypress injVre any
under his command, or who shall, at any time, set
Oh foot join in any combination to resist or ovado
the lawful orders of any commissioned officer, shall
be liable to be tried by a court martial.
ART. 2. Every officer to be tried by court mar
tial, shall be put in arrest so as TO be suspended
from the exercise of his Office and shall have copy
ofthe charges exhibited against him, and notice of
the time and place appointed for his trial; which
copy and notice shall be given ten days atleast, be-
fore his trial is commenced.
ART. 3. In any officer, non-commissoned
officer, musician private, for the trial Of whom a
court martial is appointed, shall neglect to appear
and make defence before any court martial, or If
appearing shall afterwards withdraw in contempt
of the court; being arraigned before court mar
tal, shall, from obstinacy or elaboration, stand
mute or answer foreign to the purpose, the court
may proceed to trial and Judgment, as If he had reg
uarly pleaded not guilty.
ART. 4. If any officer, after having been put in
arrest, shall presume to exercise any military com
mand, until he discharged from arrest, he shall be
liable to be tried by cour: martial, and if convicted
he shall be removed from office.
ART. 5. No officer shall be tried by court mar
tai for any offence, which shall have been commit
ted more than one year previous to the time when
acomPlaint shall have been made in writing, there
oil, unless he, by reason Of absenting himself, or
some oiher manifest impeachment, shall not have
been amenabie to Justice within that period,
ART 8. No officer shall be permitted to resign
while under arrest
ART,7 No general or field officer shall be dis
charged except by the commander in chief; or
other commissioned officer except by the brlgadier
general or officer commanding the brigade to which
lie belongs, the request of such officer in writing
or by sentence of court martial: by actual re-
moval, or by twelve months absence from the dis.
rct of his command, or by tho corps to which he
belongs being disbanded, or by being convicted of
any Infamous crime.
ART. g. No officer shall consider himself as ex-
empt from the duties OF his station, except when
under arrest, until he shall have been discharged by