The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-02-14
THE NEW HOME GUARD LAW.
An Act to Increase the Efficiency Of the Home
Guard Organization.


State of North Carolina and it is hereby enacted by the
authority of 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 as to make not less than sixty -four
men, rank and file, to each company said company so
consolidated shall elect from the Captains commanding
I the companies so consolidated Captain to command
such consolidated company, and from the first Lieuen-
ants, Second Lieutenans and Juhior Second Lieuen.
of such companies officer of each of SAID ranks
TO be assigned to dnty with such consolidated COM
pany, such of the officers of companies consolidated
may be elected for service with such consolida-
ted company shall be required to perform service as
commissioned officers privaes n the consol-
dated company formed of their original companies, and
while serving their commissions shall be suspended
Sec. 2. Be it further enacted, That the Governor
may in like manner two more battallons or
regiments of the Home Guards when called into service
beyond their respective baalions regmenlal limits,
when called into service within such limits In con-
nection with other portions of such force, to be con-
solidated: said battaons when consolidated to be
composed of not less than three companies, ana sald
regiments when consolidated to be composed OF not
more than ten companies. The Governor m"y assign
the command Of such consolidated battalion or reg
ment any officer officers from the battalion or regl-
ments 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 one fourth onetbrd nehalf of any COM
panr as at present organized with due proportion OF
its officers of which to constitute such consolidated
company, and such Of the officers of companies as at
their companies to form consolidated company,-as
may not be elected to command such consolidated
company shall be required to in such consolida-
led company as noncommissioned officers or prvates
and wle serving their commissions shall be sus-
pended. The Governor shall have power to dscrim'
mate in favor of farmers and mechanics when be calls
out less number than the whole of company, also
to declare vacant the office of officer who is declared
by medical board permanently disabled for field duty
either in the militia Home Guards, of officer
who absconds to the enemy.
SEC. f. Be it further enacted, That all QuartermaS
and Commssaries of regiments battalionsn of
Home Guards at present organized that may not be
assigned TO 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 s. 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-
gressonal District in this State, whose business it
shall be to examine all persons claiming exemption
from Home Guard duty account of physical dis
ability that these examinations shall be made at snch
time and under such rules and regulations as may be
established by the Surgeon General and that the MEM
bers of said Boards shall receive the pay aud
allowances while duty the Confederate Conscript
Boards.
Sec. 6. Be ii further enacted, That when such
panes, batalons ments have been consolidated
as herein provided for, they shall continue in such
organizations until further provisions shall be made in
their behalf.
SEC. 7. Be it further enacted, That the second
ton of .'an act in gelation to the Militia and Guard
for Home Defence ratified the 7h day of July 1868,
be, and the same is hereby amended by striking out
the word these" in the ninth line Of said section, and
inserting the word he;" that the third section of an
act in relat to the Militia and Guard for Home De-
fence ratified the l4th day of December 1863 be- and
the Is hereby amended, by inserting between the
words regular and millers" the words ''and public
and by inserting between the words "miIlers" and
''backsmhs the word ''and," and that the proviso MT
the end of said Sd section be and the is hereby
repealed; That in addition the exenptf4s specified
in the aforesaid there shall be exempt from Home
Guard duty all county trustees, regular and public
tanners matters and shoemakers skilled in their respec
tive cangs, and who employed in the prior
to the first day of January A. d. 1862 and have
tinued to be employed since that time.
Frorided, tanners shall sell one-thrd of their leather
to INDECENT soldiers wives and widows for their own
at schedule prices.
Provided that no provision of this act shall be
construed to exempt from military service any per-
son mentioned he@in, in of actnal serve insur-
recton or invasion the county which he resides
by Federal forces except the persons and classes men
toned in I'd section of act in relation to the Militia
and Guard for Home Defence, ratified the 7th OF July
1863.
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., 1864.
The following are the sections of former laws to
which the above law refers
Sec. O. Be it further enacted That it shall be the
duty OF the Governor to to be enrolled guard
for home defence all white male persons not already
the ages of eighteen 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
of 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 sub
jects of mption.-Laac>of July, 1853.
SEC. g. Be it further enacted That in addition to the
amendment, there shall be exempt County commits !
sioners appointed under act entitled An act for the
relief of wives and families of soldiers in the army
regular mers, backsmths who have established
shops necessary operatives in factories and foundries
the Attorney General Solicitors of the several circuits
and counties, physicians OF FIVE years practice,
tractors with the State Confederate government
editor TO each newspaper and the necessary composors
mail carriers professors in colleges and teachers in
ienlies; Prortdd, that this exemption shall only
apply to The drills specified in this bill and not to
vice when the Guard for Home Defence rs called into
the feld.-LGv Of Dec, 1893.
The proriso in the above section is repealed. The !
persons mentioned are snbject Home Guard duty
only when the county in which they reside is invaded,
or in case OF insurrection in the county
tic