un 
 
 it5o/ 
 
 Miiiiia v<yn. 
 
 Conf Pam #501 
 
„.^»^^"* 
 
 State 
 
 Convention.] 
 
 [June, 
 
 18i)l. 
 
 
 0/-(i 
 
 '' nJ to be Printed. 
 
 
 
 Syme & Hall, 
 
 Printers to the Convention. 
 
 
 MILITIA LAAV 
 
 3Ir. Venablo, from tlie Committee of Military Aflairs,, re- 
 ported tliG following Ordinance : 
 
 AN ORDINANCE TO AMEN J) THE SEVENTIETH 
 CHAPTER OF THE REVISED CODE, "MILITIA." 
 
 Si:c. 1st. lie it oixlaiiird bij the Conccntion of ike State of 
 
 2 North Carolina, and it is he rcbij ordained hij the authvri- 
 
 ^' ^11 ^f i^^^^ «<///(', That all free white mack and^apprenti- 
 
 4 ces, who are of the age of eighteen years^ and under the 
 
 5 ageof iifty year.s,and who reside in the State of North Car- 
 (■> olina, exce})< ministers of the gospel, shall be enrolled in 
 7 the militia of this State, by the Captain or commanding 
 
 5 officer of the infantry comi)any within whose districts such 
 t) ])orsons shall reside : and the said officer shall notify 
 
 lU such free white males and apprentices of their enrol- 
 
 1 1 ments by a non-commissioned officer of his company, and 
 
 12 by whom said notice shall be proved. 
 
 Sec. 2. Be it fnrthcr ordained. That whenever a vacancy 
 2 shall occur in the office of Major General, the field offi- 
 I) cersandstaifof the Division shall, by a plurality of the writ- 
 4 ten votes, elect some person to fill the same ; and whenever 
 
 6 a vacancy shall occur in the office of Brigadier General, 
 
2 State Conventio1s\ [June, 
 
 () the same sliall be iiUecT by the field and staff officers of 
 
 7 the Brigade, under the .same rules and regulations here- 
 
 8 in prescribed for the election of a Major General ; and 
 '.) the Governor shall commission said officers, when elect- 
 
 10 ed, according to tliis act. 
 
 Sec. 3. Be it further ordained, That whenever there shall 
 
 2 be a vacancy in any company of the commissioned offi- 
 
 3 cers to command the said company, and upon an election 
 
 4 having been ordered in said company, there shall be a 
 
 5 failure to elect a Captain and other commissioned officers 
 () for the company, from either the failure of any candidate 
 *7 for said office or from the neglect or refusal of the com- 
 
 8 pany to elect, and where there are no suitable persons in 
 
 9 said company who are willing to accept commissions in 
 
 10 the company, after being elected or appointed to the 
 
 11 same, it shall be the duty of the Colonel or other com- 
 
 12 manding officer in the Eegiment to which said com- 
 
 13 pany is attached, or if there is no commander of said 
 
 14 regiment, then it sliall be the duty of tlie Brigadier 
 
 15 General in whose brigade said regiment belongs, with- 
 
 16 in thirty days after said election shall have been ordered 
 IT by him, and the neglect or refusal of said company to 
 
 18 elect company officers, either from the want of a candi- 
 
 19 date or for any other cause, and he is hereby authorized 
 
 20 and required to appoint some fit and suitable person to 
 
 21 supply said vacancies in said company, for the space of 
 
 22 two years from the date of said appointment, whose duty 
 
 23 it shall be to accept said appointment, and to act as Cap- 
 
 24 tain or other commissioned officer in said Company for two 
 
 25 years from the date thereof, who shall be commissioned and 
 20 have all the powersand authorities, and be liableto all the 
 
 27 penalties as Captains and other commissioned compa- 
 
 28 ny officers now have and are liable for bylaw; and if 
 
 29 any person so appointed shall neglect or refuse to accept 
 
 30 said appointment, or shall fail to receive said commission 
 
 31 when tendered to hini;, and qualify as said officer within 
 
1361.] State Convention. 
 
 ;',2 tlic space of thirty days from the time of his appoiiilmeiit 
 
 33 and commission tendered, he shall forfeit and pay the 
 
 34 sum of fifty dollars, if appointed to the olTice of Captain. 
 
 35 and twenty-five dollars if appointed to any other place as 
 
 36 commissioned officer in the company, for such neglect or 
 
 37 refusal, whicli penalty shall be recovered hy warrant Le- 
 
 38 fore any justice of the peace, in the name of the .State, hy 
 
 39 the ofiicer nniking the appointment, one-tiftli to the use 
 
 40 of the officer suing, and tlie otiier four-tifths to the use 
 
 41 of the State ; and it shall he the duty of the said com- 
 
 42 manding oMicer of the regiment, or in ease there is none, 
 
 43 then it shalUhe 1 ho duty of the Brigadier (ieneral in 
 
 44 whose regiment said company belongs, within thirty 
 
 45 days thereafter to make new appointments c.f other per- 
 
 46 sons in said company, liable to do military duty, to said 
 
 47 offices; and so on, under like penalties, until suitable of- 
 
 48 fleers can be found who shall accept said offices ; Provi- 
 
 49 dcd, that no ])erson who is a member of any organized 
 
 50 volunteer or Are company in this State shall be compell- 
 
 51 ed to serve whilst he is a member of said company ; Fro- 
 
 52 vidcd, further, that any person appointed as above shall 
 
 53 not be comi)elled to e<iuip himself with any of the equip- 
 
 54 ments reiiuired by law for his said office, except a sword 
 
 55 and belt, cap and plumage, epaulets and hlue frock-coat 
 
 56 and pants of homespun or any other texture, with white 
 
 57 metal buttons ; And, Frovided further, that he shall be 
 
 58 released from the payment of poll tax, from working on 
 
 59 the road, and for serving on juries, during his contin- 
 
 60 nance in said office. 
 
 Sec. 4. Be it further ordained, That any field officer, 
 
 2 other than Major or Brigadier General, who shall fail or 
 
 3 refuse to accept such office to which he may be elected or 
 
 4 appointed, shall forfeit and pay tlie sum of one hundred 
 
 5 dollars. 
 
 Sec. 5. Be it further enacted, That hereafter, whenever 
 2 any vacany sh;ill occur in any regiment, of Colonel, Lieu- 
 
4 State Convention. [June, 
 
 3 tenant Colouol or Major, the same shall be filled as hcrein- 
 
 4 before directed to the Major General and Brigadier General : 
 
 5 Provided, however, That the company officers in commission 
 
 6 in said regiment, shall bo authorized to make the election: 
 
 7 Provided, Tliat in all cases wlien said elections are to be 
 
 8 made for field officers in division, Brigades or Regiments, 
 
 9 the day shall be designated by the Adjutant General, and 
 
 10 the votes counted by the two senior officers of the Division, 
 
 11 Brigade or Regiment, and the Governor informed of the re- 
 
 12 suit, he shall issue Commissions to such officers elected as 
 
 13 aforesaid. 
 
 Sec. 6. Be it furtfter ordained, That eacli regiment shall 
 
 2 consist of two battallions ; the first commanded by the Lieu- 
 
 3 tenant Colonel, and the second by the Major ; and that the 
 
 4 commandant of each regiment shall assemble his regiment 
 
 5 twice in each year for drill and review ; and for failure of 
 
 6 this duty, shall forfeit and pay one hundred dollars; aud that 
 
 7 each battallion shall, by order of the Lieutenant Colonel 
 
 8 and Major, assemble at separate places in tlie bounds of the 
 
 9 Regiment, once in each year for drill and review as afore- 
 
 10 said ; and for failure of this duty, they shall each forfeit 
 
 11 and pay the sum of fifty dollars, tlie fine to be incurred 
 
 12 and paid by the officer failing to assemble his battallion ; and 
 
 13 it sha.ll be the duty of the commandant of the regiment to 
 
 14 attend the drill and review of said battallion. 
 
 Sec. 7. Beitfurtlier ordained, That each captain or com- 
 
 2 mandaut of a company, shall assemble his company for drill, 
 
 3 twice in each month, from the first of April to the first of 
 
 4 December, during the war, and once a montli in said months, 
 •J in time of peace. 
 
 Sec. 8. Be it furtJier ordained, That each brigade shall 
 
 2 be composed of not loss than, four regiments, and each divi- 
 
 3 sion of not less than four brigades ; and it shall be the duty 
 
 4 of the Brigadier General to review at least once a year the 
 
 5 regiments composing his brigade ; and for failure of this 
 G duty he shall forfeit n-nd pny the sum of two hundred dollars ; 
 
1861.] State Cq:svention. 5 
 
 7 and it shall be the duty of the Major General to review his 
 
 8 division at least once a year, and for a failure of this duty 
 
 9 he shall forfeit and pay four hundred dollars. 
 
 8ec. 9. Be it farther ordahwil, Tliat commissioned offi- 
 
 2 cers of the militia, including the officers of the volunteers, 
 
 3 shall equip themselves with the uniform and equipments 
 
 4 directed by the rules and regulations of the militia of the 
 
 5 State of North Carolina : none of the duties of review or 
 
 6 drilling shall be taken as having been i)erformed, unless 
 
 7 performed with such uniiorm or equipments. 
 
 Sec. 10. Be it further vrJained. That in each brigade, 
 2 the General cunimanding the same shall appoint a 13rig- 
 ?, ado Inspector, who shall hold the rank of major, whose 
 
 4 duty it shall be to drill all the commissioned and staff 
 
 5 officers of the brigade at least three days before each reg- 
 {] imental muster, and th(^ said officers being required to drill 
 
 7 in uniform ; and the said brigade inspector shall, in like 
 
 8 nnmnor, drill the commissioned officers and staff of each 
 [) battalion, at least two days before each battalion muster ; 
 
 10 and for each dav"s service in sucli drill he shall receive 
 n four dollars a day, to be i)ai.l at the treasury, upon a 
 12 certificate of services rendered by the commandant of 
 i;5 the brigade. 
 
 Sec. 11. Be it fart her ordained, That every command- 
 2 ant of a regiment shall , on or hefore the 25th day of October 
 :} in each year, make a return of the strength of his regi- 
 4 ment to "the Brigadier General of the brigade to which 
 o such regiment belongs, and shall make a duplicate return 
 (i to the Adjutant General, on or before the 2oth day of 
 
 7 November, in each year, and he shall note in said return 
 
 8 whether his regiment has been reviewed by the major 
 q and brioadier general, and at what time ; and in default 
 
 10 of such n^turn,^ he shall forfeit and pay one hundred dol- 
 
 Sec 12 Be 'd further ordaimd. That the tax list shall 
 2 have' column headd Military Koll, to be prepared by 
 
6 State Coisivemtion. [June, 
 
 3 the Comptroller, and that the tax list takers shall ariim- 
 
 4 ally iiichule in their lists the names of the persons in 
 
 5 their districts hetween the ages of eighteen and iifty years, 
 
 6 liable to he enrolled for military dnty : and it shall be 
 
 7 the duty of every white person who shall give in his tax- 
 
 8 ables, to report himself on oath for enlistment, who is 
 
 9 liable for military duty : and every white person who 
 
 10 shall return his taxes, shall also, on oath, report every 
 
 11 j^erson residing in his family, who shall be liable for 
 
 12 military duty. 
 
 Sec. 13. Be it further ordained, That the tax list takers 
 
 2 shall retmni the lists to the ^lerks of the C anty Com-ts, 
 
 3 and by them the names of such persons liable to military 
 
 4 duty, shall be drawn off, the district in which they live spec- 
 
 5 ified, and a copy of such lists shall be given to the colonel 
 
 6 of the regiment, and also, to the captain of the company 
 
 7 in each district; and the clerks shall receive the sum of five 
 
 8 dollars for their services, to be paid by the County Treasurer. 
 
 Sec. 14.^t' it further ordained, That whenever any com- 
 
 2 pany shall be so disorganized, that there is no commissioned 
 
 3 company officers to eonim;ir,d the same, and no regular roll- 
 
 4 of said company, the sheriff of the county, after public notice 
 
 5 shall have^been given in a newspaper circulating in said com- 
 
 6 pany, or notice given at the Court House door and three other 
 
 7 places in said company, then it shall be the duty of the com- 
 
 8 mandant of the regiment, or if there be none such, then it 
 
 9 shall be the duty of the Brigadier General of that Brigade, 
 
 10 and if that, too, is vacant, it then shall be the duty 
 
 11 of the sheriff of the county, between the first day of April 
 
 12 and the first day of July in each and every year, upon the 
 
 13 order of the Adjutant General, (if to the sheriff) to employ 
 
 14 some fit and suitable person, living in said company or regi- 
 
 15 ment, to enrol all the white males within the bounds of said 
 
 16 company, between the ages of eighteen years and fifty 
 
 17 years, liable to do military duty, and order the persons so 
 
 18 enrolled to appear witliin ten days at the place where said 
 
1861.] State Conventiox. T 
 
 19 company had last usually held their couipauy musters, for 
 
 20 the purpose of holding an election for officers for said com- 
 
 21 pany ; and the person so employed and detailed, shall have 
 
 22 power and authority, and it shall be his duty to appoint all 
 
 23 proper officers and a clerk for that day, to assist him, who 
 
 24 shall each forfeit and pay the sum of two dollars, to be re- 
 
 25 covered before any justice of the peace, by the person 
 
 26 detailed, one half to the use of said pcison, and the other 
 
 27 half to the use of the State, for every neglect or refusal; 
 
 28 and it shall be the duty of the person employed, to call the 
 
 29 roll and note all delinquents ; and he shall hold an election 
 
 30 and report, and return the resuU of the same to the commanding 
 
 31 officer of the regiment, or the Brigadier General, or the 
 
 32 sheriff, as the case may be, who shall proceed as hereinbe- 
 
 33 fore in this act ordered, in section Ath of this chapter. In 
 
 34 case of no election, the officer or person to Avhom the return 
 
 35 is made, shall return the same to his superior officer, or in 
 3(3 case of the sherifl', to the Adjucant General; and incase 
 
 37 any of the i)arties enrolled and notified to attend shall neg- 
 
 38 lect or refuse to attend on the day appointed for said elec- 
 
 39 tion, he shall forfeit and pay the sum of two dollars, to be 
 
 40 recovered by the person detailed, by warrant, in the name of 
 
 41 the State, before any justice of the peace of said county, 
 
 42 one half to the use of the person detailed or employed to 
 
 43 make cuch enrolment and election, and the other half to the 
 
 44 use of the company, for military purposes. 
 
 Sec. 15. Be if further ordaineci, That there shall be form- 
 
 2 ed a volunteer corps in the state, who shall be subject to 
 
 3 the call of the connnander-in-chief, in cases of emergency ; 
 
 4 the volunLccr companies forming said corps, shall at the time 
 
 5 of the organization, designate the length of time for which 
 
 6 the same are oflfered to the Governor, to commence the date 
 
 7 of said service from the day they are called by the comman- 
 
 8 der-in-chicf and marched to the place of rendezvous : Pro. 
 
 9 vided, That the time of service shall in no case be for less 
 10 than twelve months. 
 
8 State Gonvj-jntiox. [June, 
 
 Sec. 16. Be it further ordained. That the said corps of 
 2 volunteers shall be composed of companies, each of ■which 
 o shall have not less than sixty-four privates, nor more than 
 
 4 one hundred ; and that, "when called into actual service, ten 
 
 5 companies shall compose one regiment. 
 
 Sec. 17. Be it further ordained, That the said volunteer 
 
 2 companies shall constitute a portion of the regular militia of 
 
 3 the State, and be incorporated into the regiments of the 
 
 4 same until called into the service of the State, and Avhen or- 
 
 5 ganizcd into regiments, shall elect, by a vote of the commis- 
 (} sioned officers of the regiment and of the field officers the 
 
 7 same, and the Covcrnor shall issue commissions to the officers 
 
 8 elected as aforesaid. 
 
 Sel. 18. Be it further ordained^ That the said corps shall 
 
 2 be officered by two Major Generals, to be elected by the 
 
 3 commanding officers, under the same rules and regulations 
 
 4 as shall be provided for the election of Colonels, Lieutenant 
 
 5 Colonels and Majors. 
 
 Sec. 10. Be it further ordained, That ^acli division shall 
 
 2 be commanded by one Major General, Avho shall be authoriz- 
 
 3 cd to appoint two aids-de-camp, with the rank of Major: one 
 
 4 Division Inspector and one Division Quartermaster, with the 
 
 5 rank of Lieutenant Colonel, to be appointed by the Major 
 
 6 General, and commissioned by the Governor. That each 
 
 7 brigade shall be officered by one Brigadier General, to be 
 
 8 elected in the same manner, and at the same time and places 
 
 9 as prescribed for the election of Major General, in the pre- 
 
 10 ceding sections ; and the said brigadier generals shall each 
 
 11 have the power to appoint the folloAving staff officers: one 
 
 12 brigade major, one brigade inspector, one brigade commis- 
 
 13 sary, one brigade quartermaster, one brigade surgeon; each 
 
 14 with the rank of surgeon, and two aids-de-camp with the 
 
 15 rank of Captain ; the said stafi* officers, with the exception 
 
 16 of the surgeons, to be selected from the volunteer corps, 
 
 17 and to hold no higher command than they held in the corps 
 
 18 from Avhich they are taken ; and such officers to be commis- 
 
 19 sioned by the Governor. 
 
1861.] State Convention. 9 
 
 Sec. 20. Be, it further ordained^ That each regiment shall 
 
 2 be officered by one Colonel, one Lieutenant Colonel, and 
 
 3 one Major, to be selected from the regiment, and such offi- 
 
 4 cers shall be chosen as hereinbefore provided, and the colo- 
 
 5 nel of each regiment shall have the poAver to appoint the 
 t) following officers : one adjutant, one quartermaster, one 
 
 7 commissary, and one surgeon ; the officers, except the sur- 
 
 8 geon, shall be taken from the eommisioned officers of the 
 
 9 regiment below the rank of captain ; and the colonels of 
 HO regiments shall have power to appoint musicians not exceed- 
 11 ing ten in number. 
 
 Sec. 21. Be it further ordained, That each company shall 
 
 2 be officered ; one captain, one first and one second lieuten- 
 
 3 ant, one third lieutenant, four sergeants, and four corporals. 
 
 1 The commissioned officers of each eompany shall be elected 
 
 5 by the wntten vote of the men of each company, and the 
 
 6 non-commissioned officers to be appointed by the captains ; 
 
 7 such commissioned officers to be commissioned by the Gov- 
 
 8 ernor. 
 
 Sec. 22. Be it further ordained, That as soon as one or 
 
 2 more companies shall have been organized as hereinbefore 
 
 3 prescribed, it shall be the duty of the captain of said compa- 
 
 4 nies to tender the services of said companies to the Gover- 
 •") nor, designating the time for which such service is offered, 
 
 6 all the members of the company signing the same, and the 
 
 7 Governor is hereby authorized to receive, arm and equip the 
 
 8 same at the expense of the State, to the extent of the ap- 
 
 9 propriation made for that purpose. 
 
 Sec. 23 Be if further ordained. That the (.xovernor shall, 
 
 2 from time to time, furnished to the militia of the State, 
 
 3 arms and equipments according to the service for which 
 
 4 they are designed, whether cavalry, infantry or artil- 
 
 5 Icry, as he shall by appropriation made for that purpose 
 
 6 be enabled to do, until all the militia, including volun- 
 
 7 teers, shall be armed. 
 
10 State Conventiok. [June, 
 
 Sec. 24. Hi^ it fnrtlier urda'nted.. That tor the govern- 
 2 merit iind tlrilliug ol' tlie volimteeis under this organiza- 
 o tion, each company am.l regimeut shall l>e governed by 
 
 4 the rules and iegulations that are now prescribed for the 
 
 5 government oi' tlie army of the Confederate States ; and 
 • ) the cor|)s shall be drilled according to Hardee's Tactics, 
 
 7 and such otlier tactics as shall be prescribed by the Com- 
 
 8 mander-in-chiel', and a copy of such tactics shall be fur- 
 
 9 nished to each commissioned otiicer in said corps. 
 
 ?Sec. 25. Be it. fur ill PT orddinexl, That the time that 
 2 such volunteer corps sliall be liable to the call of the 
 ;> Commander-in-chief shall bo ten years ; and they shall 
 
 4 be exempt, after the expiration of ten years, from active 
 
 5 military duty, unless in case of invasion or insurrec- 
 <» tion ; and such corps, when called into active service, 
 
 7 shall serve during the time for whicili they have volun- 
 
 8 teered, unless sooner disbanded by law. 
 
 Sec. 26. Be it /urtlwr ordained, That the same pay and 
 
 2 rations now allowed by the army regulations to the com- 
 
 3 missioned and non-commissioned officers, privates and 
 
 4 musicians of the army of the Confederate States, shall be 
 
 5 allowed to the volunteer corps and militia, or any part 
 
 6 of them, when ordered by the Grovernor into active service. 
 
 Sec. 27. Be it further ordained, That the Governor shall 
 2 have the power, once in each year, to call together the 
 o officers of brigades and divisions for the purpose of drill, 
 4 and shall continue said drill not exceeding six days in 
 6 each year. 
 
 Sec. 28. Be it further ordained, That the uniform for 
 
 2 the volunteer corps and for the officers of the volunteer 
 
 3 corps and militia, shall be cadet gray, manufactured m 
 
 4 North Carolina ; Provided, That the military officers now 
 
 5 uniformed, shall not be compelled to change the same 
 
 6 until called into actual service ; and the difterent corps 
 
 7 and ranks shall be distinguished as the same corps and 
 
 8 ranks are now distinguished in the service of the Confed- 
 
186L] State Convention-. 11 
 
 9 erate States ; an<l, Provided, That the uniform of the field 
 
 10 staff and platoon of ofiicers shall be the same adopted 
 
 11 by the rules and reo;ulntions relatinp; thereto in the C'on- 
 
 12 federate States. 
 
 Si:c. 29. Be if fiirfher ordained. That the military vol- 
 2 unteer companies now in the State, as soon as they rej)ort 
 ?> themselves with the full complement of men, shall be 
 
 4 received by the Governor, and they may retain the uni- 
 
 5 form which the cora))any have adopted, until called into 
 Pi actual service. 
 
 Sec. 30. Be if furfher ordained, That the Governor 
 2 shall have the power to hold, or cause to be held, a court- 
 ly martial each year, in tlie city of Raleigh, to try delin- 
 4 <[uent o-eneral officers of militia, and field oflicers of the 
 o volunteer cori)s. such court to consist of not more than 
 
 6 five nor less tlian three otYicers, and tlu^ ox])enses of said 
 
 7 court shall he paid by the State. 
 
 Sec. '51. Be it further ordained, That the Governor shall 
 
 2 have the power to collect and repair the arms of the State, 
 
 3 and shall l)e authorized to draw on the Treasurer of tb.e 
 
 4 State for the expenses of the said collection and repairing, 
 and such arms as cannot he repaired to advantage, he shall 
 t3 have power to sell. 
 
 Sec. 32. Be it further ordained, That the clerks of the 
 
 2 county courts in the State, shall return to the comptroller 
 
 3 the sums of money paid for exemption from military duty 
 
 4 under tliis act. 
 
 Sec. 33. Be it further ordained. That the Adjutant Gcn- 
 
 2 eral be elected by joint ballot of both liouses of the General 
 
 3 Assembly, and sha.ll keep a roster of the militia of the State, 
 
 4 containing dates of commissions, rank, the corps, division^, 
 f) brigades and regiments, and the places of residence of offi- 
 G cers, which roster shall be corrected every year. He shall 
 T enter into a book kept for that purpose, a local description 
 
 8 of the regimental brigade and division districts ; the books 
 
 9 to be furnished by the State and belong to the office. He 
 
12 State CoNVENTIo^^ [June, 
 
 10 shall adopt a seal of office, and all copies of records and papers 
 
 11 in his office duly certified under such seal, shall be evidence in all 
 
 12 causes as if the original were produced. He shall cause the 
 
 13 military laws of the State to be printed from time to time, 
 
 14 and distributed to the commissioned field officers of the State ; 
 
 15 he shall prepare and distribute at the expense of the State, 
 
 16 proper blank books, forms and notices ; he shall prepare 
 
 17 general regulations prescribing the duties of the different 
 
 18 military departments, which, when approved by the Com- 
 
 19 mander-iu-cluef, shall be obeyed and respected. He shall 
 
 20 report to the Legislature, through the Commander-in-chief, 
 
 21 the strength and condition of the militai-y of the State, of 
 
 22 the public arms, equipments, ordnance, books, and militar}'" 
 2y stores ; and he shall render a statement of all that may be 
 
 24 necessary to keep up an ample supply of every article that 
 
 25 may be i-equlred in the public service ; he shall execute all 
 
 26 orders of the Commander-in-chief, and keep a record there- 
 
 27 of; he shall attend reviews with the Commander-in-chief, 
 
 28 and as quartermaster-general, he shall give a bond in the sum 
 
 29 of five thousand dollars for the faithful discharge of his du- 
 80 ties, with two good securities, to be approved by the com- 
 31 mander-in-chief ; he shall receive a salary of eighteen hun- 
 82 dred dollars per annum, in full payment for services render- 
 
 33 ed as adjutant general, acting quartermaster-general, in- 
 
 34 spector-general, and keeper of public stores and munitions 
 
 35 of war. He shall attend all encampments, and while the 
 
 36 troops are under arms, he shall inspect their arms, ammuni- 
 
 37 tion and accoutrements, superintend the exercises and en- 
 
 38 force the discipline and tactics required by law. He shall, 
 
 39 in time of war, have the command and rank of brigadier- 
 
 40 general ; he shall cause suit to be brought in the name of 
 
 41 the State of North Carolina, and he is hereby empowered 
 
 42 so to do in any court in this State, or before any justice of 
 
 43 the peace, when the amount sued for is within the jurisdic- 
 
 44 tion of justice of the peace by the laws of this State, for 
 
 45 any penalty incurred or any fine imposed by reason of the 
 
1861,] Stated Convention. 13 
 
 46 military laws of the State. He shall hold his ofiice for the 
 
 47 space of two years, unless the same is made vacant by res- 
 
 48 ignation or promotion ; and should the office become vacant 
 
 49 by rea.son of death, resignation, refusal to accept, or othev- 
 
 50 wise, during the recess of the I^egislature, then the Gover- 
 
 51 nor may fill said office by appointment until the next meet- 
 
 52 ing of the General Assembly. 
 
 Sec. 84. Be it further ordained, That it shall be the duty 
 
 2 of the commandant of each regiment, within thirty days af- 
 
 3 ter the or<ianization of the sam(.', to :issenil)le them upon the 
 
 4 regimental muster grouml and to take a list of all persons in 
 
 5 his regiment who have not volunteered, and put the names 
 
 6 into a box upon separate pieces of paper, and to place an 
 
 7 equal number of papers in another box, one third marked 
 
 8 Avith the number one, one third marked with the number two, 
 
 9 and one tliird witli the number three, and two persons ap- 
 
 10 pointed to the said duty, shall, in the presence of the field 
 
 11 officers, after being SAvorn, proceed to draw out of the box 
 
 12 containing the names, one ballot, and out of the box con- 
 
 13 taining the numbers, one ballot, and a clerk shall record the 
 
 14 same. Those who shall draw number one, shall be subject 
 
 15 to be drafted into the service on the first requisition of tlie 
 
 16 Governor; those who shall draw number two, shall be sub- 
 
 17 ject to be drafted on the second requisition by the Gover- 
 
 18 nor, and those who shall draw number three, shall be sub- 
 
 19 ject to be drafted on the third re2[uisition of the Governor. 
 
 20 And it shall be the duty of the commandant of each regi- 
 
 21 ment to forward a list of said names, drawn as aforesaid, to 
 
 22 the adjutant general ; Provided, That no volunteer shall be 
 
 23 subject to be drafted into the service. 
 
 Skc. 35. Be it further ordained. That the term of service 
 
 2 for each person so drafted shall be twelve months, unless 
 
 3 sooner discharged by the order of the commander-in-cbief, 
 
 4 and no person having served as a drafted soldier shall be 
 
 5 liable to a second term of service until all the requisitions 
 
 6 have been called into the service, except in cases of insur- 
 
14 State Convention. [June, 
 
 7 rection or invasion, or such circumstances of imminent peril 
 
 8 as in the discretion of the Governor may render a general 
 
 9 call upon the militia necessar3^ 
 
 Sec. 36. Be it further ordained, That upon any call upon 
 2 the drafted militia, it shall be lawful for the Governor to 
 8 command any of the company officers, not volunteers, to 
 
 4 make up a company of the same and lead tliem into the ser- 
 
 5 vice. 
 
 Sec. 37. Be it further ordained, That upon the delivery 
 
 2 of arms to any company of militia or volunteers, it shall be 
 
 3 the duty of the commandant of the regiment delivering the 
 
 4 same, to take a receipt describing the arms, from said cap- 
 
 5 tain, and the captain shall take such receipt from each of 
 the men receiving arms, all of which receipts shall be re- 
 
 7 turned to the clerk of the county court, and these receipts 
 
 8 thus taken and filed shall relieve the said commandant and 
 
 9 captain from responsibility ; Provided, That it shall he the 
 
 10 duty of the commandant of each company to require the 
 
 11 arms thus delivered to the men, to be exhibited at each drill. 
 
 12 and if the arms are not so exhibited, or the said com- 
 
 13 mandant shall have reason to believe said arms to be lost or 
 
 14 disposed of unlawfully, he shall at once make the same 
 
 15 known to the county attorney, who, upon notice issued 
 
 16 against the person destroying or unlawfully disposing of his 
 
 17 arms, shall recover a judgment for the full value of said 
 17 arms, with costs. 
 
 Sec. 38. Be it further ordained, That it shall be the duty 
 
 2 of any one of the field officers of any regiment, or the oldest 
 
 3 captain, should there be no held ofiiccr, upon complaint or 
 
 4 oath made by any responsible person, that tlicre are unlaw- 
 
 5 ful assemblies within his command or dajiger of insubordina- 
 
 6 tion amongst slaves, to detail a military patrol, designating 
 
 7 their duties and requiring the officer commanding said patrol 
 
 8 to report to him how he has discharged his duty ; and the 
 
 9 said patrol shall deliver all persons detected in the violation 
 
1861.] State CoNVENTIo^^ 15 
 
 10 of the law, to the civil magistrate for the examination of the 
 
 11 charges made against them. 
 
 Sec. 39. Be it further ordained., That this act shall be in 
 
 2 force from and after its ratification, and all laws coming in 
 
 3 conflict with the provisions of this act, are hereby repealed. 
 
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