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brigade, and to the major general of the division, and to the gov ernor or commander in chief, shall proceed to take such mcasures to suppress such insurrection as to any three of the judges or justices of the county or district in which such insurrection shall happen, shall appear most proper and effectual: and if any person be wounded or disabled while in actual service, in opposing any invasion or insurrection, or in suppressing the same, he shall be taken care of and provided for at the public expense, without regard to the rank such person may hold.
1 F. L. 322. 172. Sec. xxv. And be it enacted, &c. That if the governor or commander in chief for the time being, receive advice from any person or persons in authority in this state, or other credible person or persons in foreign parts, or if he shall receive any information upon oath from any credible person or persons within this state, that any foreign enemy or armed force intend suddenly to invade the state, or if any dangerous insurrection or rebellion be actually raised within this state, which cannot be sup- When aný pressed by one single company, the governororcommanderin chief foreign edes for the time, may raise and assemble such and as many of the di- the state. visions, brigades, battalions, regiments, troops and companies by this act directed to be formed, as he shall think sufficient and able to suppress and repel such invasion, rebellion or insurrection as may happen, and for the more effectual execution thereof, he may make and publish, or cause to be made and published,
, Signal guns an alarm throughout the whole state, by firing six guns, two at a to be fired. time, at three minutes distance, or by sending orders and expresses to the general officers, field officers and other officers of the militia, to raise their several and respective divisions, brigades, regiments, troops and companies, or such part of them as shall be ordered and directed to march and rendezvous at such proper times and places within the state, as the governor or commander in chief for the time being, shall think fit; and the said alarms Alarm to be shall be carried on throughout the whole state, by all the com- throughout missioned officers of the militia, by firing three small arms at convenient intervals from place to place, and by speedily raising their several corps and taking all proper and effectual measures to give notice of the motion of the enemy, and forwarding Information with the utmost expedition all necessary information to the gov- be forwarded ernor or commander in chief, and by putting in execution all toon
to the gov. such orders as they shall receive from their superior officers.
1 F. L. 323. 173. Sec. XXVI. And be it enacted, &c. That on sight of an enemy, or on information of an enemy appearing, or mischief done by an enemy, from any white person of credit who hath seen the same, of the credit of which informer the officer to whom such information is given shall be a judge, an alarm shall be made by any commissioned officer by firing three small arms, and every alarm shall be carried on by all persons hearing or
having knowledge of the same, by firing three small arms distinctly as usual, and the said officer who fired the alarm, shall
assemble the corps of which he is an officer, hy beat of drum or How corps by ordering them to warn their next neighbours or otherwise, till to be assem
the corps can be got together, and the commanding officer of the said corps shall with all convenient speed despatch expresses, one to the governor or commander in chief, and the other to the next field officer of the regiment to which the said corps belongs, with an account of the cause of the alarm so made, upon which notice the said field officer shall despatch two expresses with an account of the same, one to the brigadier of the brigade, and the other to the major general of the division ; the field officer who shall receive the information as aforesaid, shall have power to assemble any number of men of the battalion or regiment, as the case may be, to which he belongs, to march to the assistance of any of the inhabitants of the state who are in danger.
1 F. L. 324. 174. Sec. xxvir. And be it enacted, &c. That if any person
liable to bear arms, shall in time of such alarm neglect or refuse Persons neg. to use his utmost endeavours to convey and communicate the lecting to unicate said alarm or notice of the enemy's approach, every such person
shall forfeit and pay a sum ņot exceeding £50 sterling; and in case any such person after he hath notice of an alarm, dues not
forthwith repair completely armed and accoutred as aforesaid, * *See No. 42. with all convenient speed to the place where the regiment, troop
or company to which he belongs shall be appointed to rendez
vous, every such person shall forfeit a sum not exceeding £20 Penalty for sterling money ; and in case the company or troop to which not appear such person shall belong, shall actually engage in fight with the the corps en- enemy before such person shall appear in the said regiment, troop gages in hght or company, in every such case the person not appearing as aforesaid, shall forfeit a sum not exceeding £40 sterling money.
i F.L. 325. 175. Sec. XXVII. And be it enacted, &c. That every com176. Sec. xxix. And be it enacted, &c. That in times of in vasion or insurrection, when it shall be found necessary to march the several regiments, troops or companies, or any of them, out
missioned officer in the militia has power when occasion shall Commanding officer to require, to assemble, arm and raise any number of men belonging assemble to their respective corps, and if need be, to give notice and call to corps when occasion their aid the officers and men of any adjoining corps, to disperse, shall require
suppress, kill, destroy, apprehend, take or subdue any pirate, sea-rover, indian or other enemy, who shall in a hostile manner hurt or attempt to hurt any of the inhabitants of this state in their
persons or possessions, or any company of slaves who shall be unaway met together, or who shall be lurking in any suspected place
where they may do mischief, or who shall have absented themselves from the service of their owners; and in case any person liable to bear arms, shall on sueh occasion neglect or refuse to appear upon notice given by any commissioned officer of the troop or corps to which such person belongs, or appearing, shall not attend and obey the said officer, he shall for every such neglect or refusal, forfeit the sum of £2 sterling.
One fourth of their proper parishes, counties or districts, one fourth part at of every comleast of every company in this state, shall stay and remain in the pany to re
main in parrespective parishes and divisions to which they belong, and shall ish. be formed into patrols under the command of such officers as the commissioned officers of the companies shall direct and appoint, under whose command respectively they shall continue until the rest of the company shall return to their habitations and shall be discharged from bearing arms; and the patrol so formed shall
Part of combe obliged to be on constant duty, and to ride and patrol and pany remainguard the plantations, and keep the slaves within their several ingin parish
to ride paparishes and divisions in good order, and shall place proper trol. guards, watches and sentinels at proper and convenient places, to give notice of danger, or for the more speedy conveying advice and intelligence to the governor or commander in chief or any army raised and assembled by his command; and in case any person or persons obliged to serve in such patrol, shall refuse or neglect to ride patrol, or to watch or stand centinel, or to keep guard, or shall refuse to obey the lawful commands of any person appointed to command such patrol, every person so offending shall forfeit any sum not exceeding £15 sterling money.
i F. L. 326. 177. SEC. Xxx. And be it enacted, &c. That in times of invasion, rebellion or insurrection, when any persons shall receive orders to march out of their parish, county, district or division, the captain or other commanding officer, who shall be present, shall cause the names of all the persons who are entered, enlisted and enrolled in the muster roll of such company (officers excepted), to be written down in small scrolls of paper, which shall be Names of folded up and put into a hat, and shall be shaken together, and drawn out of the clerk or sergeant to the said company shall draw out of the a hat. hat the names of so many persons as will not exceed three fourth parts of the said company; and the persons whose names shall be so drawn, shall be obliged to march according to such orders as shall be given by the governor or commander in chief, and the rest whose names shall be left in the hat, shall stay in their respective parishes and divisions, and shall do the duty of the patrol as before directed; but no officer of any company shall be excused from marching with the company for which he is appointed, unless by particular orders from the governor or commander in chief, and in that case such officer so directed to stay, shall be commanding officer of that part of the company left for the patrol duty. If any person whose name is drawn as aforesaid and is thereby obliged to march out of his parish or division, can provide an able-bodied man (to be approved by the majority of the officers of the company to which such person belongs), completely armed and furnished according to the directions of this act,* every such person shall be permitted and at liberty so to do, *See No. 42.
men to be
and upon producing and sending out such able-bodied man in
his stead, he shall be excused from going out or marching in perSubstitute
son, but nevertheless, he shall be obliged to do patrol duty in his district, and in case of disobedience, neglect or refusal to ride in such patrol, he shall be liable to all the pains, penalties and forfeitures inflicted by this act.
1 F. L. 327. 178. Sec. XXXI. And be it enacted, &c. That in time of an alarm occasioned by any insurrection, rebellion or invasion, all field officers and captains of every company, are empowered by themselves or their warrants to any inferior officer or soldier, to
impress any arms, ammunition, provisions, horses, wagons, Arms, &c. to carts, boats, canoes, petiaugers and vessels with their furniture, or be impressed. whatever other thing they shall want or have ueed of for the ser
vice of the state, provided all such things so impressed, be by the said officers brought before three or more indifferent persons, being freeholders, to be appraised and valued before they be disposed of for the public service, and such valuations and appraisement being made, the officer shall give a receipt for the same if he conveniently can, and the officer is to cause his clerk to enter the same in a book to be kept for that purpose, and the said appraisers shall ascertain any loss or damage that may happen to the things so impressed, or allow a competent hire for the same when returned to the owner, as the case shall require, and shall give such appraisernent under their hands to the owner, directed to the public treasurers, who are to lay the same before the legislature ; and the commissioned officers or captain of
each company, after such alarm shall be over, and before such How things company shall be discharged, is to order so many men, as he be dressed to shall think fit, to carry the several things by him impressed, to of after
the respective owners, who, upon a delivery of the same, shall alarm.
give a receipt; the officer is likewise empowered to draw on the public treasury for so much money as he shall think the carriage of the said several things deserves.
1 F. L. 328. 179. Sec. XXXII. And be it enacted, &c. That the command
ing officer or commissioned officers of each company, shall lodge Ammunition, &c. to be " ' in some convenient and secure place, for the public use, all the lodged in se provisions and ammunition impressed by them, or by virtue of cure place
his warrant, that shall remain unexpended after an alarm, and must keep a particular account thereof.
1 F. L. 330. 180. Sec. XXXVII. And be it enacted, &c. That if any perPersons sued son or persons whosoever, shall be sued, impleaded, molested or
of prosecuted, for any matter, cause or thing done or executed, or
caused to be done or executed, by virtue of or in pursuance of this act, and all and every person and persons who shall or may by the command or in aid of or assistance of any person who shall do or execute, or cause to be done or executed, any matter or
on account of this act.
out in time of
tinue on duty
thing by virtue of or in pursuance of the direction of this act, shall and may plead the general issue, and give this act and the special matter in evidence, and in case the plaintiff shall suffer a discontinuance, enter a noli prosequi, suffer a nonsuit, or if a verdict or judgment shall pass against him, he shall pay to every defendant, that shall be acquitted, or for whom judgment shall pass, his full double costs of suit.
ACT of Sept. 24, 1813. Pamphlet edit. 6. 181. Sec. 1. Be it enacted, &c. That the commander in chief . for the time being, may in case of invasion or other emergency, when he shall judge it necessary, order out any portion of the militia of this state, lo march to any part thereof, and continue in
in chief to not more that three months at any one time, and until relieved, order men for which he shall make timely provision, and likewise may, in alarm consequence of an application of the executive of any of the United States, on an invasion or insurrection, or an apprehension of an invasion of such state, at his discretion order any number of the militia, not exceeding one third part thereof, to such state ; Provided, that the militia which shall be so ordered' out of the state, shall not be obliged to continue on duty out of troops to conthis state, more than two months at any one time.
182. SEC. II. And be it enacted, &c. That in all cases when Volunteers & the militia are ordered out by virtue of this act, volunteers and substitutes to
be accepted. substitutes shall be accepted in the place of those ordered out, under the conditions,* limitations and restrictions already estab- +Sea No. 172 lished by law.
183. Sec. VII. And be enacted, &c. That whenever the militia or any part thereof, shall be in actual service, and embodied. in consequence of being so ordered out by the commander in Militia to be chief, either within or without the state, they shall be subject to subject to the same rules and regulations as the troops of the United States troops of U.S. shall be subject to at the time the militia shall be so ordered out, in order to secure, as far as possible, an uniformity of discipline between the militia of this state and the troops of the United States; and the said rules and articles shall be proclaimed with due solemnity at the head of such detachment as soon after their being assembled as possible.
184. SEC. VII. And be it enacted, &c. That whenever a militia man in either of the aforesaid cases, shall have been duly a
ly Fine for not summoned or ordered to appear at the rendezvous appointed, rendezvous. and shall not appear, then and in that case he may be fined in a sum not exceeding five hundred dollars, and the amount of his
Court martaxes last paid to the state, at the discretion of a court-martial to tial, how or be composed of officers of the detachment ordered out, if it be dered. convenient, if not convenient, of officers of the brigade to which the delinquent shall belong, or of any other officers of the militia of this state, at the discretion of the commander in chief, who is hereby authorised to order the said courts in conformity with the usage of the army of the United States, and in addition to the fine which the said court martial may inflict on any person who may