The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-04-02
THE MILITARY LAW.
The following is synopsis Of the new Militia
Law passed by the late Legislature.


The following is synopsis of the new Militia
Law passed by the late Legislature.
Section l. Requires the enrolment for militia
duty of all male white citizens of the State, be-
tween the ages of l8 and As years, except minis
ters of the Gospel
Sec. 2. Provides for the election of Major Gen.
eral by plurality vote of the field, staff and com
missioned officers of the division and the election
of Brigadier General by the field, staff and com
missioned officers of the brigade; the Governor te
commission them when elected.
Sec. 3. Provides for the election of commits
stoned officers of companies by the privates of the
company, and imposes fines on persons thus elected
for refusing to serve, and for filling vacancies in
that case by appointment. The fine for refusing
to serve when elected appointed is, on a captain
$l5 any other commissioned officer S1O
Sec. 4. Imposes fine of $50 on any field Off
GER refusing to serve when elected or appointed.
Sec. 5. Provides for the election of colonel
lieutenantc colonel and major, by the rank and file
of the respective regiments by a plurality vote
the Governor to issue the commissions to the off.
GERS elected.
Sec. 6. Requires one annual regimental review
and parade, and four company musters yearly; the
former under forfeit of $100, the latter each
under $50.
Sec. 7. Requires the commandant of each regi.
ment to report the strength of the same to the
brigadier general by the 25th of October, and to
the adjutant general by the 25th of November
each year, with fine of S100 for failure
Sec. s. Requires tax list takers every year to
take lists of persons subject to military duty
Sec. 9. Provides for return of those liable to
military duty to clerks of the county courts, who
are to furnish the same to colonels of regiments
and to captains of companies.
Sec. 20. Provides for the reorganization of COM
panies in those districts where no commissioned
officer can be found, and where the muster roll is
lost.
Sec. IL. Provides for raising an ordinary volun-
teer corps of ten thousand men, to be increased by
the Governor to thirty thousand in case of emer-
gency, under provisions following:
Sec. IL. The volunteer corps to be composed OF
two divisions, four brigades, the brigades to be
composed of each two regiments, and each rcgi-
ment Of six companies Of from thirty-two to one
hundred privates.
Sec 13 Provides for officers of the volunteer
regiments to be elected by the rank and file.
Sec. IA. Prescribes the mode of electing brigade
officers with the necessary staff for each, and set
ties their rank.
Sec. Is. Provides for the election of colonel
of each regiment, prescribes the mode of appoint
ing his staff and settles the rank of the same.
Sec. Is. Prescribes the number of company
officers and the manner of their election by the
company.
Sec. II. The volunteer companies when formed
shall tender their services to the Governor, who
shall then receive, arm and equip the same to the
extent of the 100000 appropriation of the present
General Assembly.
Sec Is. The Governor shall organize the COM
panies into regiments, brigades and divisions, as
they reported to him.
Sec 10. Furnishes each commissioned officer
rStl @P
works as may be used, and declares the corps shall
be governed by the regulation now adopted in the
regular army.
Sec. 20. These volunteers shall serve ten years.
and then be exempt from active service except in
case of invasion, &c.
Sec. Fl. Gives these volunteers, when in active
service, the same pay and rations as are now
allowed in the regular army.
Sec. 22. Requires the Governor to take bonds
for arms, when distributed to volunteer companies
Sec. %. Gives the Governor power to call
together the brigade and division officers for drill
once in each year.
Sec. "A. One company of SO privates in each
county may draw arms, if reported to the Gov
ernor within months from the passage of this act
Sec. 25. The uniform for the volunteers shall be
North Carolina made Cadet gray but allows COM
panies to retain present uniform unless called into
actual service.
Sec. 26. Present volunteer companies may re-
port themselves to the Governor and be received
by him.
Sec, 27. An annual court martial shall be held
in Raleigh to try delinquent general officers.
Sec. % Allows the Governor to collect and have
repaired the arms now belonging to the State.
Sec. 20. The clerks of courts shall pay to State
Comptroller moneys paid for exemption from Mill
tary duty. We believe there is some mistake in
this section, no exemption is allowed by the
payment of any designated sum-
Sec 30. Provides for the election of an adjutant
General by joint ballot of both Houses of the
General Assembly ly-fxes his salary at 1900 a
year, and defines his duties
Sec 81. Declares the act in force from and after
its ratification. [Ratifed Feb. 90, 1861
OPINION OF THE ATTORNEY -GENERAL.-The