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herein shall be construed to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next.

PAY, FORAGE, &c.

ACT of January 2, 1795. 2 Bioren, 458.

commission

22. SEC. 1. From and after the passing of this act, the allow- Pay of nonance of bounty, clothing, and pay, to the noncommissioned ed officers & officers, musicians, and privates, of the infantry, artillery, and privates. cavalry, of the militia of the United States, when called into actual service, shall be at the rate per month, as follows: Each sergeant major and quartermaster sergeant, nine dollars; each drum and fife major, eight dollars and thirty-three cents; each sergeant, eight dollars; each coporal, drummer, fifer, and trumpeter, seven dollars and thirty-three cents; and farrier, saddler and artificer, (included as a private,) eight dollars; each gunner, bombardier, and private, six dollars and sixty-six cents.

coutrements,

23. SEC. II. In addition to the monthly pay, there shall be allowed to each officer, noncommissioned officer, musician, and Allowance private, of the cavalry, for the use of his horse, arms, and ac- for horse, accoutrements, and for the risk thereof, except of horses killed in &c. action, forty cents per day; and to each noncommissioned officer, musician, and private, twenty-five cents per day, in lieu of rations and forage, when they shall provide the same.

When pay

24. SEC. III. Whenever the militia shall be called into the actual service of the United States, their pay shall be deemed to commence from the day of their appearing at the places of the to commence battalion, regimental, or brigade rendezvous; allowing to each noncommissioned officer, musician, and private soldier, a day's pay and rations for every fifteen miles from his home to such place of rendezvous, and the same allowance for travelling home from the place of discharge.

ACT of April 20, 1818. Pamphlet edit. 132.

in marching

adjusted and

25. SEC. 1. The expenses incurred, or to be incurred by marching the militia of any state or territory of the United States Expenses to their places of rendezvous, in pursuance of a requisition of militia to ren the president of the United States, or which shall have been, or dezvous, how may be, incurred in cases of calls made by the authority of any paid. state or territory, which shall have been, or may be, approved by him, shall be adjusted, and paid in like manner as the expenses incurred after their arrival at such place of rendezvous, on the requisition of the president of the United States: Provided, That nothing herein contained shall be considered as authorizing any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous.

for disobedi

of president

*See No. 15.

PENALTY FOR DISOBEDIENCE OF ORDERS.

ACT of February 28, 1795. 2 Bioren, 479.

Penalty of 26. SEC. v. Every officer, noncommissioned officer, or prience oforders vate, of the militia, who shall fail to obey the orders of the preUnited States sident of the United States, in any of the cases before recited,* shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial, and such officer shall moreover, be liable to be cashiered by sentence of a court martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: And such noncommissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month, for every five dollars of such fine.

Wounded &:

sons.

PENSIONS.

ACT of May 8, 1792. 2 Bioren, 298.

27. SEC. IX. If any person, whether officer or soldier, belongdisabled per- ing to the militia of any state, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.

PERSONS EXEMPT.

ACT of May 8, 1792, 2 Bioren, 293.

28. SEC. 11. The vice president of the United States; the Who officers, judicial and executive, of the government of the United from militia States; the members of both houses of congress, and their re

are exempt

duty.

to take rank.

spective officers; all customhouse officers, with their clerks, all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the post office of the United States; all ferrymen employed at any ferry on the post road; all inspectors of exports; all pilots; all mariners, actually employed in the sea service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be, exempted by the laws of the respective states, shall be, and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years.

RANK.

ACT of May 8, 1792. 2 Bioren, 293.

29. SEC. VIII. All commissioned officers shall take rank acHow officers cording to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn, by them, before the commanding officer of the brigade, regiment, battalion, company, or detachment.

RIFLEMEN, ARTILLERY, &c.

ACT of May 8, 1792. 2 Bioren, 293.

try and rifle

30. SEC. IV. Out of the militia enrolled, as is herein directed, Grenadiers, there shall be formed, for each battalion, at least one company light-infanof grenadiers, light infantry, or riflemen, and that, to each di- men, to be vision, there shall be at least one company of artillery, and one formed. troop of horse there shall be to each company of artillery, one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombardiers, one drummer, and oue fifer. The officers to be armed with a sword, or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve cartridges; and each private or matross, shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be, to each troop of horse, one captain, two lieutenants, one cornet, four sergeants, four corporals, one sadler, one farrier, and one trumpeter. The commissioned officers to furnish theniselves with good horses, of, at least, fourteen hands and an half high, and to be armed with a sword, and pair of pistols,, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail pillion, and valise, holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, a cartouch box, to contain twelve cartridges for pistols. That each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the commander in chief of the state, not exceeding one company of each to a regiment, nor more in number than oneeleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the colour and fashion to be determined by the brigadier commanding the brigade to which they belong.

And whereas sundry corps of artillery, cavalry, and infantry, now exist in several of the said states, which, by the laws, customs, or usages thereof, have not been incorporated with, or subjected to, the general regulations of the militia.

ject to duties

31. SEC. XI. Such corps shall retain their accustomed privi-, To be subleges, subject, nevertheless, to all other duties required by this required by act in like manner with the other militia.

RULES OF DISCIPLINE.

ACT of February 28, 1795. 2 Bioren, 479.

this act.

To be sub

same rules as

32. SEC. IV. The militia employed in the service of the United States, shall be subject to the same rules and articles of war as the troops of the United States. And no officer, noncommissi-ject to the oned officer, or private, of the militia, shall be compelled to troops of the serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with

United States

The same

every other able bodied man of the same rank in the battalion to which he belongs.

ACT of May 12, 1820. Pamphlet Edit. 72.

33. SEC. I. The system of discipline and field exercise which discipline as is and shall be ordered to be observed by the regular army of the troops of the United States United States, in the different corps of infantry, artillery, and riflemen, shall also be observed by the militia, in the exercises and discipline of the said corps, respectively, throughout the United States.

ACT of May 8, 1792. 2 Bioren, 293.

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34. SEC. VIII. It shall be the duty of the commanding officer at every muster, whether by battalion, regiment or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline.

35. See No. 32,

TERM OF SERVICE.

ACTS,

REPORTS AND RESOLUTIONS

OF THE

GENERAL ASSEMBLY OF THE STATE OF SOUTH-CAROLINA,

RELATING TO THE MILITIA.

ADJUTANT GENERAL.

ACT of Dec. 19, 1795. 2 F. L. 36,

To attend

36. SEC. IV. To receive his salary provided he shall attend Reviews. the regimental reviews throughout the state once a year, which salary by sec. 2d, act 19th Dec. 1828, Pamphlet edit. 12, is Salary. $1500. See Nos. 109, 239, 241, 244,

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How aids

37. SEC. VII. And be it enacted, &c. That the major generals shall have the right to appoint their respective aids de camp, and appointed. that the brigadiers shall have the right to appoint their respective. Brigade aids de camp, who shall have the rank of captain; and they shall major & inalso have the right to appoint their respective brigade inspectors, appointed. who shall be approved of by the major general of the division.

ACT of Dec. 19, 1794. 1 F. L. 351.

spector, how

Extra aids

38. SEC. v. And be it enacted, &c. That the governor, the de camp. major generals and brigadier generals, respectively, as occasion may require, shall be authorised to appoint one or two extra aids de camp, who shall not be entitled to any other rank or pay than what they are entitled to in the line.

ACT of Dec. 13, 1815. Pamphlet edit. 20.

Who enti tled to aids

39. SEC, III. And be it enacted, &c. That the governor and commander in chief, shall be entitled to ten aids de camp, with de camp. the rank of lieutenant colonel; the major generals to three aids de camp, with the rank of major; and the brigadier generals to two aids de camp, with the rank of captain.*

APPRENTICES.

ACT of May 10, 1794. 1 F. L. 313.

To be fur

40. SEC. XVI. And be it enacted, &c. That every master or nished with other person who hath the power over, government or command arms by their of any white apprentice or man servant, shall at his or their own

masters.

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