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proper costs and charges, furnish and provide every such apprentice or man servant liable to do military duty, during his
servitude, with the arms and accoutrements directed by the * Act Con- aforesaid act* of Congress, and every master or other person as gress, May 8, 1792 'see No. aforesaid, shall constantly keep such arms and accoutrements as
aforesaid, for every such apprentice or servant, and shall compel
him or them so completely armed and accoutred as aforesaid, to To attend attend all musters, trainings and exercises, directed by this act ; all musters. and in case such apprentice or servant shall not appear, or his
arms and accoutrements shall be found deficient, the master or Master in other person as aforesaid, having the government of such apprenhis not at tice or servant, shall, on default being made in any of the premitending mus& mus- ses, be subject to the same forfeitures and penalties as are in
flicted on other persons made liable by this act, to appear and bear arms at exercises, musters and trainings. Provided always, that if any such servant as aforesaid, who shall be duly furnished and provided as is before directed, and shall be sent to muster by the master or other person under whose government such servant shall be, shall of his own accord, and contrary to the will and without the consent of the master or such other person as aforesaid, neglect to appear at any muster, training or exercise, appointed by this act, the master or other person under
whose government such servant may, be, shall be liable to the Apprentice penalties by this act inflicted for the default of such servant; and to pay perar every such servant so offending, shall be obliged to serve his if he does not master two weeks for every penalty so paid by his said master attend muster.
or other person; and if any person shall embezzle, sell or make
away with the arms so to be provided for him, he shall be liable Penalty for to make his master or other person under whose government he embezzling may be, full satisfaction.
ALIENS AND TRANSIENT PERSONS.
ACT of May 10, 1794. 1 F. L. 321. 41. SEC. XXV. Whereas a doubt has arisen whether aliens and other transient persons who have resided or may reside in this · state for a considerable length of time, and enjoy the benefit and
advantage resulting from the organization of the militia of this state, are liable to perform militia duty; and whereas it is but
just and reasonable that those whose property is secured by the • care and watchfulness of the community in which they reside, · should contribute to its protection :
Be it enacted, fre. That all free white aliens or transient per
sons, above the age of 18, and under the age of 45 years, who Aliens and have resided or hereafter shall or may reside in this state for the transient term of six months, shall immediately thereafter be, and are ble to do mil. hereby declared to be subject and liable to do and perform all itia and pa- patrol and militia duty, which shall or may be required by the
commanding officer of the beat or district in which such alien or See Nos transient person shall reside, and be subject and liable to all pains 151, 153, 155. and penalties inflicted by this act,* any law, usage or custom to
states at war
the contrary thereof in any wise, notwithstanding: Provided always, that nothing contained in this act shall be construed to extend to or affect in any way or manner the native born citizen of any state or potentate, who shall be actually engaged in war Citizens of with the United States; or to compel such alien or transient with the U. person, to serve on patrol or militia duty out of the particular dut
duty. district of the regiment to which he shall or may be attached, nor to native born or bona fide French citizens (not being citizens of French citithe United States), who are by treaty exempt from all personal
S. not to do
Penalty for appearing at
*This treaty has expired; French citizens are now, therefore, liable to do militia duty.
ARMS & ACCOUTREMENTS.
ACT of May 10, 1694. 1 F. L. 318. 42. Sec. XXII. And be it enacted, fc That every free white man of this state liable to bear arms in any of the regiments, corps, companies or troops in this state, who shall appear at any regimental or battalion muster, or at any company muster ordered in pursuance of this act, not provided, accoutred and arm- a ed according to the act of congress entitled "an act more effect- muster withually to provide for the national defence, by establishing an uniform militia throughout the United States," passed the 8th of May, 1792,* shall forfeit and pay for each and every such de- *See No. 14. fault, a sum pot exceeding five shillings, or the sum of two shillings and four pence for each article of arms or accoutrements required by the last mentioned act.
ACT of Dec. 17, 1803. 2 F. L. 492. 43. SEC. XVII. And be it enacted, foc. That all the public arms Governor to which now are or hereafter may be purchased on behalf of this is
the public state, shall by order of his excellency the governor, be equally arms among
the brigades. distributed among the several brigades of militia of this state, and that the several and respective brigadier generals may allow the said arms to be sold for costs and charges among the men of his and their brigades, and cause the money arising from such sale to be paid into the public treasury, to be appropriated for the purchase of other arms to be distributed in manner aforesaid. Provided nevertheless, that no one man shall be permitted to purchase more than what shall be sufficient to arm himself of the arms aforesaid.
Act of Dec. 19, 1807. Pamphlet edit. 32. 44. SEC. XII. And be it further enacted, $c. That the sum of Appropr sixty-five thousand dollars be and the same is hereby appropria- state to pro
1: vide arms. ted for the purchase of arms of an uniform calibre for the militia of this state, and that the comptroller general, the treasurer of the lower division, and John Blake, be, and they are hereby authorised and required to make the said purchases, preserving always, as near as possible, the proportion of one sabre and pair of pistols to ten muskets.
45. Sec. XII. And be it further enacted, foc. That as soon as the said purchases are made, the said arms shall be distributed
among the several regiments of the state, in the exact proportion
tenant colonel* of each regiment, on the receipt of said arms, Lieutenant shall give public notice of twenty days at least, in as many difsell arms at ferent places of the regiment as there are companies composing
it, that on a certain day, and at a particular place, in the most
46. Sec. XIV. And be it enacted, fc. That as soon as the
to sale by the lieutenant colonel of any regiment, any person enPenalty for titled to vote for members of the legislature of this state, and liaappearing without ble to do militia duty in the said regiment, who shall attend any arms.
company, troop, battalion, squad or regimental muster without the .. arms required by law for him to have, shall forfeit and pay a
fine of one dollar and a half for any such default, unless he shall
that regiment have been sold, or swear that he is too poor to pay
**ACT of Aug. 29, 1812. Pamphlet edit. 14.
equipments herein directed to be purchased, the arms and equip-
. portions among the several regiments of militia, as in his judge
ACT of Dec. 16, 1815. Pamphlet edit. 19.
48. SEC. XIV. And be it enacted, fc. That the governor and Arms out of commander in chief be and he is hereby authorised to cause to be sold. e sold such arms as on inspection shall be found incapable of re
pair, and to pass the amount of such sales to the credit of the
* The commanders of regiments had no higher rank than lieutenant colo-
deem most proper.
repair to be
to be sold to
ACT of Dec. 21, 1822. Pamphlet edit. 56. 49. Sec. VII. And be it enacted, fc. That the governor and commander in chief be and he is hereby authorised and empow- Go ered to cause to be sold to any of the militia of this state, any of cause arms the arms belonging to the state, in any of the public arsenals, at the militia. such price as the said arms may have cost the state, and the governor is hereby authorised to lay out the money received for '. the sale of any arms as aforesaid, in the purchase of other arms.. [See No. 213.]
ARSENAL. : il ACT of Sept. 24, 1813. Pamphlet edit. 12. 50. SEC. XVII. And be it enacted, fc. That the commander in chief for the time being, shall have authority to remove to some temporary place of safety and deposit, such portion of the Arms and arms, ammunition and military stores, at any time deposited in stores to be the public arsenals of the state, as circumstances may appear to time of danrequire, and when necessary in his opinion, to provide and fur-ger. nisb sufficient guards to protect the public arsenals, until it be found expedient to call out into public service, detachments of the militia, on whom this duty may in part devolve. • 51. SEC. XVIII. And be enacted, foc. That it shall be the duty of the governor and commander in chief for the time being, froin Gove time to time to examine or cause to be examined by some pro- examide arper officer, the situation of the respective arsenals throughout the state, to require security from the arsenal keepers, and to remove them for negligence or other improper conduct, or incapacity of performing the duties devolving on them as such, and to appoint, . in cases of removal, other persons to supply the vacancies there ! by created..
ACT of Dec. 16, 1815. Pamphlet edit. 19. 52. Sec. XV. And be it enacted, fc. That it shall be the duty
duly Brigade of the brigade quarter masters within the limits of whose brig- quarter mas ades arsenals are or shall hereafter be established to visit and in- ter to exam. spect the same at least once in every year, and to report to the spectarsequarter master general thereon, and that the said several arse-na nal keepers within the state, shall each receive an additional compensation of $100 per annum, and shall give bond to the quarter master general for the faithful performance of their du- . ties.
53. An act for establishing and regulating the artillery company . which was formed out of the militia of Charleston, enacts, " That the artillery company formed out of the militia of Charleston, Company of consisting or to consist, of a captain, captain lieutenant, a first tablished in and second lieutenant, three lieutenant fire workers, four sergeants Charlest and not exceeding one hundred private men, to be classed and..
among the several regiments of the state, in the exact proportion to the number of effective men composing them; and the lieu
tenant colonel* of each regiment, on the receipt of said arms, Lieutenant shall give public notice of twenty days at least, in as many difsell arms at ferent places of the regiment as there are companies composing public sale. it, that on a certain day, and at a particular place, in the most
central part of the said regiment, the said arms will be exposed to sale for cash at ten dollars, to any person enrolled and liable to do militia duty in the said regiment, and shall continue the sale thereof until the whole be disposed of; and the several lieutenant colonels in the state, shall at least once in every year, render to the comptroller general on oath, a particular account of all the cash received by them on the sale of the said arms, and pay the amount into the treasury, which money when paid into the treasury, shall constitute a fund for further purchases of arms, to be made and be disposed of on the same terms as is hereby directed.
46. Sec. xiv. And be it enacted, foc. That as soon as the arms hereby directed to be purchased are received and exposed
to sale by the lieutenant colonel of any regiment, any person enPenalty for titled to vote for members of the legislature of this state, and liawithout ble to do militia duty in the said regiment, who shall attend any
company, troop, battalion, squad or regimental muster without the arms required by law for him to have, shall forfeit and pay a
fine of one dollar and a half for any such default, unless he shall is unable to swear or otherwise make it appear that all the arms allotted to
that regiment have been sold, or swear that he is too poor to pay
47. SEC. IV. And be it enacted, fc. That the arms and .
equipments herein directed to be purchased, the arms and equipPublic arms ments now on hand, and any arms and equipments which may
bistre at any time be appropriated by the general government for "the governor in use of this state, shall be distributed and disposed of by the govsuch manner as he may ernor and commander in chief, in such manner and in such prodeem most portions among the several regiments of militia, as in his judg. .. ment shall most conduce to the interest and better defence of this state. . *
' ACT of Dec. 16, 1815. Pamphlet edit. 19.
48. Sec. xiv. And be it enacted, foc. That the governor and Arms out of commander in chief be and he is hereby authorised to cause to be Solo o sold such arms as on inspection shall be found incapable of re
pair, and to pass the amount of such sales to the credit of the quarter master general's department, to be applied to the repair and preservation of arms.
* The commanders of regiments had no higher rank than lieutenant colonel, until the act of assembly 16th Dec, 1815, was passed, when they were made colonels. Whenever the word lieutenant colonel occurs previous to that time, it is to be read as colonel or commander of a regiment. See No.
to be distri.