The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-01-17
THE NEW HOME GUARD LAW.
An Act to Increase the Efficiency Of the Home
Guard Organization.


Guard Organization.
Sec. l. Be it enacted by the General Assembly of the
State of North Carolina and it is hereby enacted by the
authority of the same That whenever the Guard for
Home Defence shall be called into service beyond the
limits Of their respective counties the Governor may
cause two more companies to be consolidated into
one company to make not less than sixty -four
men, rank and file, each company; said company SO
consolidated shall elect from the Captains commanding
the companies consolidated Captain to command
such consolidated company, and from the rsa Leuten
ants Second Lsutenants and Junior Second Lieuten-
ants of such companies officer of each of said ranks
to be assigned to duty with such consolidated COM
pany, such of the officers of companies consolidated
may be elected for service with such eonsolida
ted company, shall be required to perform service
non-conmissioned officers prvates in the consoli-
dated company formed of their original companies and
while serving their commissions shaf be suspended
SEC. 2. Be it further enacted, That the Governor
may in like manner two more battalions or
regiments of the Home Guards when called into service
beyond their respective battalons regmenal limits
when called into service within such limits in
nection with other portions of such force, to be
solidate said hattaons hen consolidated to be
composed of not less than three companies, and said
regiments when consolidated be composed of not
more than ten companies The Governor may assign
the command of such consolidated battalion regi
ment any officer or officers from the battalion regi
ments so consolidated.
Sec. 3. Be it further enacted, That the Governor
may, in his discretion, in constituting the consolidated
companies contemplated by the first section hereof,
take the fourth third, one-half of any COM
present organized
it's officers, out of which constitute such consolidated
company, and such of the officers of companies at
present organized may be placed with fractions of
their companies, to form a consolidated company,-as
may not be elected to command such consolidated
company, shall be required to in such consoda
ted company non-commissioned officers privates,
and while serving their commissions shall be sus
pended. The Governor shall have power TO discrim.
mate in favor of farmers and mechanics when be calls
out less number than the whole of a company also
to declare vacant the office of officer who declared
f1v ed forf fpld antv
either in the militia Home Guards, Of officer
who absconds to the enemy.
Sec. A. Be it further enacted That all Quartermas-
ters and Commissaries of regiments battalions of
Home Guards present organized that may not be
assigned duty by the Governor with consolidated
battalion regiment. shall be required to
non commissioned officers priVates, in
company of their present command, and while
ing their commissions shall be suspended
Sec 5. Be it further enacted, That the Surgeon
General, by and with the advice and consent of the
Governor, shall appoint Medical Board for each Con-
gressioual District in this State, whose business it
shall be to examine all persons claiming exemption
from Home Guard duty on account of physical dis
ability, that these examinations shall be made at such
time and under such rules and regulations may be
established by the Surgeon General and that the
bers of said Boards shall receive the pay and
allowances while duty the Confederate Ccnscript
Boards
SEC g. Be it further enacted That when such COM
panes battalons regiments have been consolidated
herein provided for they shall continue in such
organizations until further provisions shall be made in
their behalf
Sec. l. Be it further enacted That the second Sec
tion of San act in relation to the Militia and Guard
for Home Defence" ratified the 7th day of July, 1863
be- and the same is hereby amended by striking ou.
the word 'these" in the ninth line of said section, and
inserting the word "the that the third section of san
act in relation the Militia and Guard for Home De-
fence ratified the l4th day of December 1868, be, and
the is hereby amended by inserting between the
words Irregular" and millers the words and public"
and by inserting between the words ''mers" and
blacksmiths" the word "and and that the proviso
he and of Sai1 he nd he ms is hereh
repealed That in addition to the exemptions specified
in the acts aforesaid, there shall be exempt from Home
Guard duty all county trustees, regular and public
tanners hattes and shoemakers skilled in their respec
tive callings, and who employed in the prior
the first day of January, A D., 1853, and have
tinued to be employed since that time.
Provided shall sell one-hrd of their leather
to INDECENT soldiers wives and widows for their own
at schedule prices.
Provided, that provision of this at shall be SO
construed exempt from military service any per-
mentioned herein, i'll case of actual serve insur
rection invasion of the county in which he resides
by Federal forces except the persons and classes
toned in I'd section of in relation the Militia
ard Guard for Home Defence, ratified the 7th of july
1868.
SEC. s. Be it further enacted That this act shall be
in force from and after its ratification.
Read three times and ratified in General Assembly
this 23d day OF December, A. D., 1854.
which the above law refers:
Sec. 9 Be it further enacted, That it shall be the
duty OF the Governor be enrolled guard
for home defence all white male persons not already
enrolled in the service of the Confedeiate States be-
the ages of eighee and fifty years, resident in
this State, including foreigners not naturalized, who
have been residents in the State for thirty days before
such enrolment, excepting persons filling the offices
of Governor, Judges of the Supreme and Superior
Courts of Law and Equity the members of the General
Assembly and the officers of the several Departments
the Government of the State Ministers of the Gospel
of the several denominations of the State charged with
the duties of churches and such other persons the
Governor, for special reasons. may deem proper sab
jects of exempton.-Law Of July, 1868
Sec. 3. Be it further enacted That in addition to the
exemptions contained in the which this is
amendment, there shall be exempt County commits
sioners appointed under entitled "An for the
relief of wives and families of soldiers in the army"
regular millers, blacksmiths who have established
shops necessary operatives in rcores and foundries
the Attorney General Solicitors of the several circuits
and counties. physicians of five years practice,
with the State Confederate government one
editor each and the necessary composors,
mail carriers professors in colleges and teachers in
academies; Propideds sthat this exemption shall only
apply the drills specified in this bill and not to ser
vice when the Guard for Home Defence is called into
the fcd.-Law Of Des,, 1853
The prorso in the above section is repealed. The
persons mentioned subject to Home Guard duty
only when the county in which they reside is r saded,
or in case of nsurrection in the county.