The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1865-02-07
THE NEW HOME GUARD LAW.
an Act to Increase the Efficiency Of the Home
Guard Oro1uizdtion.

Guard Organization.
SEC. l. Be it enacted by the General Assembly of the
State ofNoh Carolina and it is hereby enacted by the
authority of same, That whenever the Guard for
Home DefeBce shall be called into service beyond the
Limits Of their respective Counties the Governor may
cause two or more companies to be consolidated into
one company to- make not less than sixty -four
men, rank and file, tseach company said company SO
consolidated shall elect from the Captains commanding
the companies consolidated Captain to eomnand d
such consolidated company and from the hrst LIehen-
ants, Second Lieuenants and Junior Second Leuten-
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 not be elected for service with such consoda-
ted company, shall be required to perform service as
commissioned officers privaes in the CONSOLE
dated company, formed OF their original companies, ana
while serving their commissions shall 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 baalions regmental limits,
when called into service within such limits IN con-
nection with other portions of such force to be con-
solidated: said bataOns when consolidated TO De
composed of less than three companies, and said
regiments when consolidated TO be composed of not
more than companies. The Governor MY assign
the command of such consolidated battalion or reg
ment any officer officers from the battalion or reg-
ments consolidated.
SEC B. 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 onethrd ehalt Of any COM
pany present organized with due proportion Of
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comnanv and such of the officers of companies
present organized as rav be placed with fractions OF
their companies 10 form consolidated company-aS
may not be elected command such consolidated
company, shall be required in such consolida
ted company non-commissioned officers privates
and while serving their commissions shall be sus-
pended. The Governor shall have power to dscrm'
mate in favor of farmers aud mechanics when he calls
out less number than the whole of a company, also
to declare vacant the office of officer VIII declared
by medical board permanently disabled for field duty
either in the militia Home Guar1s officer
who abScondS to the enemy.
SEC 4. Be it further enacted, That all Quartermas-
ers and CommisSaries of regiments battalions Of
Home Guards as at present organized that may not be
assigned to duty by the Governor with consolidated
battalion regiment. shall be required to
nOn-commissiOned officers priyates, in
company Of their present command, and whe
ing their commissions shall be suspended.
SEC S. Be it further enacted, That the Surgeon
General, by and with the advice and of the
Governor shall appoint Medical Board for each Con-
gressional 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 snch
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 OF duty as the Confederate Conscript
Boards.
SEC. 6. Be it further enacted, That when such
panies battaions regiments have been consolidated
herein provided for they shall continue in such
organizations until further provisions shall be made in
their behalf
ton of "an act in relation to the Militia and lard
for Home Defence, ratified the 7lh day of July, 8G3
be, and the is hereby amended, by striking out
the word 'hese" in the ninth line of said section and
inserting the word the that the third section of aE
in relation the Militia and Guard for Home De-
fence" ratified the 4h day of December 1853, be, and
the is hereby amended by inserting between the
words regular" and 'mers" the words land public,
and by inserting between the words ''mers' and
blacksmiths" the word and and that the proviso at
the end of said Sd section be and the is hereby
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 haters and shoemakers skilled in their
tive callings and who employed in the prior
the fEs day of January A. D., 1868, 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
use schedule prices.
Provided, that no provision of this act shall be
construed to exempt from military service
mentioned herein in case of actual servie insur-
rection invasion of the county in which he resides
by Federal forces except the and classes men
toned in I'd section of in relation to the Militia
ard Guard for Home Defence, ratified the 7th of July
1863.
SEC 8. Be it further enacted That this act shall be
in force :om and after its ratification.
Read three times and ratified in General Assembly
This 23d day Of December, A. D., 1894.
The following the sections of former laws to
which the above law refers
SEC. 2 Be it further enacted That it shall be the
OF the Governor to be enrolled guard
for home defence all white male persons not already
rolled in the service of the Confederate States be-
the ages of eighteen and fifty years, resident in
this State including foreigners not Iaturalized who
have been residents in the State for thirty days before
such enrolment, excepting persons filing the oces
of Governor Judges of the Supreme and Superior
Courts of Law and Equity the members of the General
Assembly aud 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
for a1 1eAa snrs b.
jects of exenption-LdW Of July, 1863.
Sec. g. Be it further enacted That in addition to the
exemptions contained in the act to which this is an
an endmcnt there shall be exempt County commits
s6hers appointed under act entitled IAN act for the
relief of and families of soldiers in the army
regular millers, blacksmiths who have established
shops necessary operatives in factories and foundres,
the Attorney General Solicitors of the several circuits
and counties physicians of FIVE years practice,
tractors with the State Confederate government one
editor to each newspaper and the necessary compositors
mail carriers professors in colleges and teachers in
academies; Prortdea, that this exemption shall only
apply to the drills specified in this bill and not to
vice when the Guard for Home Defence. is called into
the feld.-Ldtc Of Dee, 1863.
The p-oriso in the above section is repealed. The
persons mentioned are subject to Home Guard duty
only when the county in which they reside is invaded,
or in case OF iusprrecon in the county.