Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-10-02
From the Raleigh Sentinel.

+ba oct nasse1 by the Radical Legislature
~ its late session, entitled 6 An ACT TO Or
oonize q Militia of North Carolina. Inns
oct contains such startling ana extfaordl-
nary provisions, that we feel called upon
TO aliude to it again, with the nope tnat
the Authorities at Washington, the people
~ the North and South, and especially of
+bis State. will note our warming and take
ench steps as prudence and wisdom may
dictate. to Illustrate the war-like and trea-
eonable purposes of a class of desperate
men who are bent upon ruling and PUN
derirg the country, or bringing on anotn-
er war. the manifest consequences OF "nlcn
rnust be the destruction of the Union ana
free government.
II will he observed that the provisions
If this act are very general and cOmpreken-
sire and all tend to the Capitalization OF
mower in the hands OF the SO called Execu-
tive of this State. They are SO shaped as
10 give this Executive all the necessary
power to exclude from the proposed mill
tary service all such persons as might be
offensive to him; in other words, his test Of
io,1qZv to the party with which he affiliates
is to be applied to every officer and soldier
N the proposed service. He is, indeed,
The head of the proposed army; he is to
select the mat arial, to put it together and
direct its purposes and movements. The
amplest powers and means are conferred
10 this end.
The Act when scrutinized, shows, too, a
spirit of insincerity and fraud, and CO.
vert purpose to entrap credulous Legls-
lature. This will be manifest on the exam
nation of the law.
Let us see what are its main features and
leading provisions: The title of the Act
is false, fraudulent and deceptive. 1t is
entitled :" An Act to O1ya2eize q Militia Of
North CuYOIina' Whereas, in fact and
trutl,. it does not provide in terms for the
organization Of the militia, brit for the or
ganization of a regular army. composed OF
all the arms of the regular military service
and a police force, another sort Of military
organization, which is to be regularly or
eanized, armed and equipped, but which
would not by any means be denOmlnated
n 1,liitiQ or The militia of the State. Aud
It will be seen, hereafter, that this police
organization may be taken from the mill
tin. virtually rs this Governor directs. The
title says the purpose of the act IS to or
raniZe a militia, not the militia, whereas
it provides, in fact, for two armies, and no
provision is made in terms, much less IN
detail for organizing the militia.
We here insert the official circular from
the office of the Adjutant General of the
State, for the information of the people:
STATE OF NORTH CAOLINA,
EXECUTIVE DEPARTMENT
ADJUTANT GENERALS OFFICE,
RALEIGH August 26, 1868.
Circr,,a1'
Tae act entitled d" An Act to organize Militia
of North Carolina" is hereby published for the
information Of all concerned:
TIE General assembly Of North Carolina do en-
section l. That the Militia of North Carolina
shaI! consist OF those liable to military duty and
that every person so liable shall be required TO j
serve in the same unless he shall pay to the COun-
~ Treasurer yearly contribution OF two dollars.
or DO exempted under the certificate OF some
7)ractc No physician account OF some bodily |
inirmity.
Sec Z The militia shall consist OF companies,
regiments brig AIDES and divisions as now required
See 3 TIE regulations of the United States
Army shall be adhered to, as near as practicable,
IN organizing the Militia of this State.
Sec. /. The Governor shall appoint one Adju- |
SAINT General who shall receive g. salary Of one !
iEudre dollars per month and necessary travel |
Jug expenses while organizing and supervising |
the militia, and after the militia shall have been
tully organized, said salary shall be reduced to
three hundred dollars per annum.
Sec. 5. The Governor shall appoint and COM
mission all officers.
Sec g. All officers and enrolled men in the mi |
ta shall take and subscribe the oath required of
officers by the Constitution OF the State of North
Carolina.
T.
enrolled i'll separate and distinct companies, and
shall never be compelled to serve IN the same COM
papIC5
Sec. g. The Governor is hereby authorized to
accept and organize regiments Of volunteer infan-
try, not exceeding six, the same to be appinted as
nearly as possible through the State for which |
purpose the State shall be divided into three di-
visions, to be known the Eastern, Middle and
Western divisions, which divisions shall consti |
tute Major Generals Department. If, in the |
discretion OF the Governor, it shall be deemed ad-
Ts0 Ia mo al 80 al a m
teer battalions of cavalry, not to exceed three, |
and one battery OF artillery, the to be equally
divided among the divisions named in this Sec !
ton.
Sec. 9. The Governor is hereby authorized, at
he request of any five Justices of county to di
cect the Colonel commanding therein to detail,
organize and equip from liable to military
duty in his command, sufficient force to preserve
the peace and enforce the laws, which force shall
be known 80 the detailed Militia of North Caro-
lima
Sec, TO- The number OF said detailed militia
shall not exceed fifty to each member of the House
Of Representatives, unless the Governor shall
deem said number insufficient for the preserva-
ton Of the peace or the enforcement of the laws.
There shall be a Captain appointed for each COM
pany, and Lieutenant for each platoon Of fifty
men, and a sergeant for every ten men, cOrnpri-
sing the force, but when the organization does
not exceed fifty men, there shall be no lieutenant
the said detailed militia shall be provided with
proper ANS and badges.
Sec IL. No man shall be an officer or private
in the detailed militia, unless he be an elector of
the State and first take and subscribe the consti
tutiOnal oath OF office.
Sc. r. Every officer Of the detailed militia
shall have power to call out the whole or part of
the force under his command, to preserve the
peace and enforce the law at the written request of
any Judge, Justice of the Peace, Sheriff or
his deputy, County or Town Constable, or any
County Commissioner, and such request shall
state the reason Of the call, and copy of the
same snail at once be forwarded to the Adjutant
General of the State.
Sec. Is. 1t shall be the duty of the Adjutant
General to prepare and forward to each man ap-
pointed a member of the detailed militia printed
copy of the rules prescribed to govern his con-
duct, and any wilful violation shall be misde-
meanor. punishable with fine not to exceed one
hundred dollars
Sec. Il. The said detailed militia shall be under
the command of the Governor and be subject to
his orders, and may be sent to any portion of the
State by him. lie shall report to each session of
the General Assembly the condition and efficiency
Of this organization and propose any legislation
he may deem proper and necessary therefor.
Sec. Is. The badges of the detailed militia shall
bear these initials, \. c. D. NJ. the badges of a
Captain shall be marked Co., No. - Cap
tain that of Lieutenant, Co. -, No. =
Platoon No. - Lieutenant; and that of Ser
seant Co. --- Platoon NO. SEQ. No. - Ser
Seant and no arrest shall be made or authority
exercise without the same. The loan or transfer of
said badge to another shall be indictable Of
Tense, punishable with Imprisonment for not less
than one month nor more than two years. The
I'll q 81 hall L. L.