Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1843-07-27
WHOLE No. 694.


paule. shallb be ih;d up BY drafts or lcvy rs
aforesaid, the commander if,-ellirf may arrange
the regiment 50 filled up INTO 'eoulpun'es as he
may think ff, aud commission tito officers of
The same as prnvidrd IN the l9rh section.
See. 40. Whenever hny invasion OF the
state, or any lusurrcctiOn, riot, or tumnlt shall
bc made ~ any part oi the state, The coniinan-
drr.in.chlrf shall call out the militia or any
part thereof, as hn may deem expediont or
necessary, Ia suppress or repel The raIne aud
az nirY order uui the divisiuu or any brigadr,
brigldns, rrg,mruiai sOnpnnirs, regiments,
companies or company; @Fihuy portions Of the
same, or cans" amy number oi men TO bc de-
tachrd or drafted from them, aud cause officers
10 bG detailed, which, with thUse aii,ried 10
the troops, shall be- sufficient ic orgnDlze the
inrcrs and If such invasion ar lnsurrGctOn, or
ANY immin.nt danger thereof be So sudden IN
any part Of the State, thai The coinmander-in-
chief cannot he informed, aud his orders re-
cclvcd and executed IN season, to suppress ~
rcpel the same, the major gcnrraI may afd,'V
out the division or any part thereof, as the
roinmundcr-in.cb chief ght do aud when any
troops nre in the field for such purposes, the
senior officer OF said troops, present, shall COM
naud until the couI,nundnr-ln.chi-f or some
officer detailed by him, shall appear To take The
command.
Sec. 30. Whenever any draft from tho
militia into the scrvics of the United States,
slmit' be crdorod the non commissioned officer,
and private, except :" many ms shall 'nun-
iarily offer 10 sAv., shall be drafted by lot,
from the company, ane we officers detailed
from the roll. ~"
See 81 Ifanv company without of. 6.cors h,
ordered To march, or any drai, ~ de,ar htne,.l
thcrelr"w ordered, the command, M officer at
II the regt,i,ents 10 which said company belansG,
shall detair some officer Ia command tlianf wf',
shall have the same authority tn command
them to- appear, aud io command them ~ il,.
/ field, aud io make any draft or detachment
thercfroni, as though lac were captain ot SAID
company, aud shall nave the same responal-
blliiv. e"
See 80. Every officer who, when ordered to
march Ia the place Of rendezvous, shall unncc-
--.arily neglect To- do 50, or who shall other
wise disobry any lawlu, order, shall be pun
/ ishct as Is hereinafter provided aud every
/ soldier ordered OUT, drafted, or dctachrd, who
. shall ro, appear ~ the time aud place appoint.
+ ed, drWed nn."I,P,cJ aS commanded, shall
be purished a> hereinafter provided /; aud each
nome otnmlssionrd officer and private shah
take with hin provisions for at least three da,s,
when ordered.
Ser. %. When IN any county IN this State,
there shall be- an, Iumut, ,riut, mob, ar any body
of men acting together, with IUtrnt 10 comr't
l,l"uy, to offer violence IT, pcr>un. ar pr,pv. 10,
or ~ any other way 10 resist the laws of 'fhs
State by inrCo of arms, Ur by violence, ar " hen
any of SAID acts shall be- thr, atrucd, aud ihD
fact made Ia appear 10 the commandment
cfier, or 10 the sheriff of said county, or Ia
either of the justices aC the GCut, &C common
pleas ~ such county, or, II iuihesitg .UI PA,
ldeuce, Ia thu mayor ut said city ~ tho hrst
instance, ar IN his absence, 10 The board oi al
dermcu, Ih0 rummander-n.ciicf shall ssrA
. Ia .I..,
board Of aldermen shall issue his or their pre-
ccpt property signed, directing the command
ing officer of The division, 3rIgad", rglnrnial
company or company, a. the cause may be, I"
order cut his command, or any part of ia
same, 10 suppress such rioi, lumult or mob, aud
to prevent the p-rpcrratlon oi any such felony,
or act of unlawful violence,
Sec. 81. The o,liccrto whom any such or
der or prcc6y 6yt,ahati be directed, ns named "a
the foregoing ,rct.u',, shall iurthwiih order ont
the troops therein - euirrd, 10 paradn nj the
timo aud place appo%,rdJ aJd lf h. shall re
iuse TO obey such order ar pnrppi, ord Hny
officer under his command shall refuse" Ia ob,V
oA order issued under such order or prrcrpt, lNi
snail be punishable as hereinafter pro, ,Idrd
and any non commissioned officer or prisatr,
who shall neglect or refuse tn appear ~ the
time aud plGcn of parade, or to obey amy lawful
order ISSUED ~ such case, shall suffer the pcnal
! ~ hereinafter provided,
/ Srgcons ard 3sNsiant Saygcons
| Src % NJ srrgcon, or nsslsiaut sutgcun,
nor any physlcnn, shall takG any graiuIt,
/ whatsoever from any person, Tor csrihratr
for Inability Ia perform military dIny nu account
of bodily nirmty and it shall be the duty Of
such, to examine critically, the eases Of nlI rp
pIcanis for such certificates, aud not 10 .,T,iit
any certificate for bodily nhrmity pr Inability
IN inf h, h..
doubt, such as I" render the applicant unahlo
to'rcriorm military duty ;.and any surgeon, ~.
sslant surgeon al pity ,clan who shall violate
the prov IsiOnSot this sectIuu shall be liable To
be punished ~ hereinafter provided
/ Sec. J6. Whenever any regiment mny ho
without a surgeon or assistant SURGEON, 81
when any person may claim 10 be eXpmrI
from military duty by reason of bodily nirmr.
ty or disability, aud shal not reside witiuu
ten miles Of The surgeon or ssistant snrgcus
~ 'lic reclmen', any respectable PLY slcIsn
within SAID distance, may grant him crrt,f.
cate, subject To ihc Restrictions contained IN
tho preceding section aud the commanding
officer OF Bny regimental company ~ aulhcf.
lsed to exempt any person oi has cOBpnuy
from military duty on the presentation ot
such certificate from the surgeon or assistant
surgeon, or n physician NJ aforesaid, ,cIth"r TN
u longer ur shorter period, not exc erdIng one
year, ae IN the Judgment oi the commanding
oijcer; the case may demand.
OF Fines and Penalties 0f 0Wcsrs, qgd If
The Manner Of Enforcing The Same.
II Sec. 81 All offences committed by gen
eral, field commission, aud staff officers, nud'
surgeons, whr,hr rrnnsI sIstlng ~ dlsob"dl"nrc
Df orders, ar unofiiccr.hke conduct whil" 90
duty or during Any day appropriated 10 null
tnry exercise. inspection or review, or ~ nrv-
lee, or violation Of any duty Imposed upon
them by lsHos officers Of the mlnI,. aud
whether committed ~ times OF quiet 90. of
INVASION. insurreciiun. riot or tumuli. shall be-
punished by courts martial, according To- ~.
usage aud practlce of war, By u hre no, rx,
cccding five hundred, nor lrrs Than twenty
dollars by imprisonment moi exceeding sU
months; cashIcrng.wIlh nr wtilInni Disability
/ pi ever after holding any military office ~
the State T; or reprlmand' either or all With
costs at the discretion oi the court snd
fines ond costs 10 b. collected for the usr -,
tie State by warrant q. distress, under ilu
hand aud seal oi the president oi"ihe coat
martial imposing the snrre, directed ~ nD
sheriff oi The county ~ which the cunyicl'd
officer shall rrsidc Who shall pay. over ihg