The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-08-25


enact: Section l. That the Militia of North
Carolina shall consist of those liable to military
duty, and that every person SO liable shall be
required TO serve in the same unless he shall pay
TO the County Treasurer yearly contribution of
two dollars, or be exempted under the certificate
of some practising physician, on account of bodily
in6rmity.
See. 2 The Militia shall consist of companies,
regiments, brigades and divisions as now re-
quired by law
Sec. 3. The regulations of the United States
Army shall be adhered to as near as practicable
in organizing the Militia of this State.
Sec. 4. TheGovernor shall appoint one Ad-
jutant General who shall receive salary of one
hundred dollars per month and necessary travel
ling expenses while organizing and supervising
the Militia, and after the Militia shall have been
fully organized, said salary shall be reduced to
three hundred dollars per annum.
Sec. 5. The Governor shall appoint and conr-
mission all officers.
Sec. 6. All officers and enrolled men in the
Militia shall take and subscribe the oath required
of officers by the Constitution of the State of
North Carolina.
Sec. 7. The white and colored Militia shall be
onrdlled in separate and distinct companies. and
shall never be compelled to serve in the same
companies.
Sec. s. The Governor is hereby authorized to
accept and organize regiments of volunteer in
tantry not exceeding six the same to be appor-
toned as nearly as possible through the State,
for which purpose the State shall be divided into
three Divisions to be known as the Eastern, Mid
die and Western Divisions, which Divisions shall
constitute Major Generals Department. If in
che discretion of the Governor it shall be deemed
advisable, he may also accept and organize vol
unteer battaons of cavalry not to exceed three,
Io.&o Ill Il
to'be equally divided among the divisions named
in this section.
Sec 9. The Governor is hereby authorized,
at the request of any five Justices of county, to
direct the Colonel commanding therein to detail
organize and equip from the men liable to mill
tary duty in his command sufficient force to
preserve the peace and to enforce the laws, which
force shall be known as the detailed militia Of
North Carolina
Sec. 10. The number of said detailed militia
shall not exceed fifty to each member Of the
House OF Representatives, unless the Governor
should deem said number insufficient for the
preservation of the peace or the enforcement of
the laws. There shall be a Captain appointed
Tor each company, and lieutenant for each
platoon OF 90 men, and sergeant for every 10
men comprising the force; but when the organi-
cation does not exceed so men. there shall be no
lieutenant; the said detailed militia shall be pro-
Vlded with proper arms and badges.
See. IL. No man shall be an officer or private
an the detailed militia unless he be an elector of
the State, and first take and subscribe the con-
stitutional oath of office
Sec. ~ Every officer of the detailed militia
shall have power to call out the whole or any
part of the force under his command to preserve
the peace and enforce the law, at the written re-
quest OF any Judge, Justice of the Peace Sheriff
or'hls Deputy, county or town Constable, or any
County Commissioner, and such request shall
state the reason of the CALL and copy of the
same shall at once be forwarded to the Adiutant
General of the State
Sec. Is. 1t shall be the duty of the Adjutant
General to prepare and forward to each man ap-
pointed member of the detailed militia a
printed copy of the rules prescribed to govern
his conduct, and any wlul violation shall be
misdemeanor punishable with fine not to ex-
coed 500.
Sec. IA That said detailed militia shall be un-
der the command of the Governor, and be sub |
Ject to his orders, and may be sent to any por-
tion OF the State by him. He shall report to
each session of the General Assembly the condi-
ton and efficiency of this organization, and pro-
pose any Legislation he may deem proper and
necessary therefor.
Sec Is. The badge of the detailed Militia
shall bear these initials, n. G.. d. NJ The badge
of Captain shall be marked Co.,, No. =
Captain; that of Lieutenant, Co. -, No. |
-, Platoon No. - Lieut.; and that of
Sergeant, Go. -, Plat Jon No. -, Sect,
No - Sergeant; and no arrest shall be made |
or authority exercised without the same The |
loan transfer of said badge to another shall be
I'M indictable offence, punishable with inprson-
.ment for not less than one month nor more than
two years The Adjutant General shall have
power to designate the number of each company.
platoon and section.
Sec. 16. Any officer Of said Detailed Militia
shall have power, and it shall De his duty, to use
force as may be necessary to overcome resistance
IN queling riots making arrests, aud not other
wise.
Sec. II. That the white and colored members
of the Detailed Militia shall not be compelled to
serve in the same sections.
Sec. H. Each officer shall be allowed necessary
travelling expenses, and postage incurred in the
discharge of his duties
Sec 10. Each Captain shall require monthly
reports from each Sergeant in his Company, and
shall make monthly reports to the Adjutant-G en-
,sral of the State.
Sec. 20. That officers shall take rank and file
according to the date of their Commissions, and
the Adjutant General shall furnish to each off
Ger list of all officers according to rank
Sec. p. The sum necessary to carry out the
provisions OF this act hereby appropriated and
ordered to be paid from any monies not otherwise
appropriated.
Sec. %. The detailed Militia organized under
the provisions OF this act shall not be used on
any occasion, nor under any pretext, for any
other purpose than to execute the laws and sup