Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-07-15

.~As1 49, SsS UADASAAO
The New Militia Law. =
We publish below the militia law passed by odf /
Legislature at its recent called session. This bill
was introduced in the Senate by Mr.. Graham, Of
Orange Thejoint committee on the subject having
failed to agree two bills were reported in the Com
mons; and while large majority of that body evil
IDENTIFY preferred Mr.. Sherwoods bill to Mr.. McKays,
the prospect was that for want of time and the fac
tious course of the minority neither of these bills
would be passed. It was in this crisis that Mr..
Graham's bill was introduced. It passed tie Sem
ate and went to the House, was substituted for
Mr.. Sherwood's BILL and finally passed the latter
body by q vote of SO to 81. It was fortunate for
the country that such man as William A. Graham
was at the time participant in its public councils.
Possessed of the confidence of both branches of the
Legislature, thoroughly informed, accurate In his
views, devoted to the common cause, and at thu
same time mindful Of the condition and wants Of the
State it was his good fortune to be able to recon-
cile conflicting opinions, and to present measure
admirably adapted in all respects to the emergency.
This law provides, in the first place, that the call
of the President for militia for local Defence to serve
six months within the State shall be answered to
the same extent, and no farther" than that pre-
scribed in the conscription and exemption laws
Eosry person, therefore, soho is liable to conscrip
tion piN be liable to this militia CALL This is the
rule This law may entirely arrest conscription in
this State, and this, we think, is the proper con.
struction to be placed upon it or the President
may, if he chooses call for the conscrpts from 40
to 45, and leave the militia call to be complied with
from such persons as may be liable between 18 and
40. If the State is to be defended by the militia,
thus raised and mustered into Confederate service,
it will be necessary to enrol every man embraced in
the law before and even then the seven Thousand
may not be obtained, owing to the heavy drain al.
ready made on our fighting population but if the
defence of the State is to be given up or postponed
or con6ded only to such troops as the government
may now and then spare from other service, then
the conscripts proper will be called for, and this
law Of our Legislature practically defeated in its op
Grafton.
This law exempts all State officers who may be
regarded by the Governor as necessary to the ad.
ministration of the State government The con-
scripton and exemption laws have not thus far been
construed to embrace magistrates and militia officers
and according to this construction they will be ex
empt from this call The principals Of substitutes
will also be exempt in accordance with the decis-
ions of our Supreme Court But the home guard,
it is understood, will embrace all between Is and
80, not specially exempted by the second section of
the act This will be useful, as it is necessary
measure. Surely no one between the ages of 1S
and so can object to such an organization for home
defence
We repeat, this law is the best which could have
been passed under the cirspustaacss We ne
grated to be able to state inctdentsHy tnst II Is
just such law in many respects as we intimated
would be passed in one of our recent replies to the
Richmond Enquirer. Our State government has
been upheld intact-the decisions of our Judges
have been respected and maintained and the Confed
crate government has been permitted to take and
embody just such troops as its own laws have called
for
An Act In relation to the Militia and Guard
for Home Defence.
sEcrIoxl. Be It Enacted By tAs Gsnsral As'sn6y Of the
service in the militia Of the State shall be for the same
and to the same extent and no farther than are
prescribed n the ses of Congress of the Confederate
States providing for the enrolment of for the public
defense and granting exemptions from the same
ly called the ConscrPtion and Exemption Acts:
SEc. Be further enacted That it shall be the duty
home Defence all white male persons enrolled
in the service of the States between the ages
of and so residents in the STATE including foreign
naturalized who have been residents the State
for thirty days before such enrolment excepting persons
filling the Offices of Governor, Judges Of the Supreme and
General Assembly, and the officers of the several depart
ments Of the government members of Congress- the civil
and military officers of the Confederate government within
the State ministers of the Gospel of the several religious
denominations of the State charged with the duties of
such ministry the high sheriff and clerks of the several
IT,
ties and such other persons the Governor for special
reasons, may deem, proper subjects for exemption.
src Be turtle, enacted, That all persons above the
age of y who may volunteer for service in said guard
for home defence and shall be accepted by Captain of
company for the same, shall be deemed to belong thereto
and shall be held to service therein either generally for
special duty or expedition as the commanding officers
of regiments or companies according to the nature of the
in a 5a .h.
all persons enrolled in pursuance of the preceding
sections OF this act to be formed into companies with lib
and thence into battalous regiments brgades and d
visions according to his dscreou and he shall appoint
the field officers Of such baaious regiments brgades and
divisions and shall issue commissions in due form to all
SEQ s. Beit further enacted That members of the So
ciey Of Friends, commonly called eqakers may be ex-
of hundred dollars according to ordinance of the
Convention of this State in that behalf ratified the 18th
shall have paid bad Levied of property the amount Of
five hundred dollars under the acts of Congress called the
cOnscrpuOn law Aforesaid ne Sha not be required
any sum of money for his exemption under this act.
See Be further enacted That the said guards for
home defence called out for service the Governor
in defence of the State against invasion or TO suppress
surrection either BY regiments bataions companies
saase by drafts volunteers from the same as be
in bis discretion may Direct shall be under his command.
through the officers appointed herein provided shal
only within the limits of this State and on tours
duty to be prescribed BY the Governor exceeding
three months at time. They or SO many of them as
may BE- at any one time called into service organ
lied into infantry artillery or cavalry he may drect
SO determine The furnishing their swn horses and
and arms when approved by Governor
such terms as he may prescribe.
SEC. Z. Be it further enacted That the Governor may
furnish to said troops the arms accoutrements and
milton of the State when called aforesaid into active
vice. and shall prescribe rules for their return and pre-
vent the waste, destruction or loss OF the same.
SEC Bel further enacted That all laws and clauses
of laws, coming within the meaning and purview Of this
act, be, and the same are hereby repealed.