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And be it further enacted by the authority Court of aforesaid, That if the conduct of any officer shall enquiry. " be represented to the governor or commander

in chief, or to either of, the major-general of the division, brigadier-general of the brigade, or coinmanding officer of the detachment, to be so unmilitary and unbecoming an oificer, as to deserve being cashiered, it shall be laurful for the governor or commander in chief, major-general of the division, brigadier-general of the brigade, or commanding officer of the detachment, as the case may be, to order a court of enquiry; and if, on such court of enquiry, it shall appear that there is foundation for the change, to have a court martial held, who shall make such order in the business as they shall think consistent with mi. litary rule: Provided nevertheless, That such court of enquiry shall never consist of less than three officers, one of whom at least, to be of the rank of the person accused.

And be it further enacted by the authority Persons aforesaid, That persons of the following profesexcused

sions and descriptions shall be excused from from doing duty. militia duty, except in times of invasion or

alarm, to wit: the lieutenant-governor for the time being, the members of both branches of the legislature, and their officers, the judges, commissioners, registers and clerks of the several superior courts of law and equity; and county courts; the commissioners of the treasury and their clerks, the secretary of this state and his deputies, the attorney-general, the three circuit solicitors, the surveyor-general and his deputy, residing either in Charleston or Columbia; the ordinaries and registers of the several districts, the sheriffs and gaol keepers in the several courties and districts, all continental officers who were deranged, or who served to the end of the

tar; all regular clergymen of any sect or denomination, all persons hoiding any office or commission under the United States, all acting magistrates, all regular bred practising physicians and surgeons, all school masters, who shall have under their tuition not less than fifteen scholars; all students at school or at college, the intendant and wardens of Charleston and Camden, their treasurers, and the officers of their courts; all branch pilots for the several ports, one white man to each established ferry or toll bridge, one white man to each water grist mill, wind mill, fulling mill or oil mill, three white men to each forge, and five to each furnace erected or to be erected at any iron mine or mines in this state, who shall constantly reside and work at the same; and all persons under the age of cighteen and above the age of forty-five years; and all militia officers who have held their commissions for seven years,

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: Anii whereas, it is but just and reasonable, that those whosc property is secured by the care and watchfulness of the community in which they reside, should contribute to its protection :

Be it enacted by the authority aforesaid, That Aliens or all free white aliens or transient persons, above transient

persons the age of eighteen and under the age of forty- fiable to five years, who have resided or hereafter shail do militin or may reside in this state for the term of six"cly. months, shall immediately thereafter be, and are hereby declared to be subject and liable to do

and perform all patrol and militia duty which shall or may be required by the commanding officer of the beat or district in which such alien or transient person shall reside, and be subject and liable to all pains and penalties inflicted by this act; any law, usage or custom to the contrary thereof in any wise notwithstanding: Provided always, That nothing contained in this act shall be construed to extend to or effect in any way or manner the natural born citizen of any state or potentate, who shall be actually engaged in war with the United States, or to compel such alien or transient person to serve on patrol or militia duty out of the particular district of the regiment to which he shall or may be attached, nor to natural born and bona fide French citizens, (not being citizens of the United States, who are by treaty exempt from all personal servicc.

And be it further enacted by the authority Militia to aforesaid, That if the governor or commander

be called in chief for the time being, receive advice from · out in case

of invasion any person or persons in authority in this state, or insur- or other credible person or persons in foreign rection,

im parts, or if he shall receive any information upon to be made oath, from any credible person or persons within lished. ub- this state, that any foreign enemy or armed force

intend suddenly to invade the state, or if any dangerous insurrection or rebellion be actually raiscd within this state, which cannot be suppressed by one single company, the governor or commander in chief for the time being, may raise and assemble such and as many of the divi. sions, brigades, battalions, regiments, troops and companies by this act directed to be formed, as he shall think suficient and able to suppress and repel such invasion, rebellion or insurrection as may happen; and for the more effectual

and

execution thereof, he may make and publish, or cause to be made and published, an alarm throughout the whole state, by firing six guns, two at a time, at three minutes distance; or by sending orders and expresses to the general officers, field oficers, 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 shall be carried on throughout the whole state, by all the commissioned 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 other proper and effectual measures to give notice of the motion of the enemy, and forwarding with the utmost expedition all necessary information to the go. vernor or commander in chief, and by putting in execution all such orders as they shall receive from their superior officers.

And be it further enacted by the authority aforesaid, That on sight of an enemy, or on in- On sight formation of an enemy appearing, or mischief or inform

ation of an done by an enemy, from any white man of cre- enemy, dit, who hath seen the same, of the credit of alarm to

be made which informer the officer to which information with small is given, shall be a judge, an alarm shall be arms. made by any commissioned officer, by firing three small arms; and every alarm shall be carricd 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, by beat of drum, or by ordering

them to warn their next neighbours, or others wise, till the corps can be got together; and the commanding officer of the said corps shail, with all convenient speed, dispatch two 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 alarm so made; upon which notice the said ficld officer shall dispatch 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 inen 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.

And be it further enacted by the authority to aforesaid, That if any person liable to bear arms for refus. shall, in time of such alarm, neglect or refuse ing or ne to use his utmost endeavours to convey and glecting give in- communicate the said alarm or notice of the

nation enemy's approach, every such person shall forof the ap. proach of feit and pay a sum not exceeding fifty pounds an enemy. sterling; and in case any such person, after he

hath notice of an alarm, does not forthwith repair, completely armed and accoutred as aforesaid, with all convenient speed, to the place where the regiment, troop or company to which he shall belong, shall be appointed io tendezvous, every such person shall forfeit a sum not exceeding twenty pounds sterling money; and in case the company or troop to which such person shall belong, shall actually engage and fight with the enemy before such person shall appear in the said regiment, troop or company, in every such case, the person not appearing as afore

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