CR. lij-rig 
 
 
 Duke University Libraries 
 The Militia law 
 Conf Pam #506 
 
E FLOWERS COLLECTION 
 
 THE 
 
 MILITIA LAW OF NORTH-CARiHJ\\. 
 
 PASSED AT THE 
 
 SECO]S[D EXTRA SES;<^Tnv 
 
 OF THE 
 
 GENERAL ASSEMBLY, 
 
 1861. 
 
 Skc, 1. He it enacted by the General ^Assembly of iiir 
 State of North Carolina^ and it is he^shy enacted by the 
 onthority of the same, That the militia organization of fhf 
 f^tate shall be as follows: One Adjutant and InKi)ector 
 (xeneral, with the rank of Major-General, who sliall bo 
 <icneral-in -Chief of all the forces of the State of Nortli 
 < '^rolina ; such Brigadier-Generals as may be necessary t.) 
 «i>niniaud brigades of not less than two nor more than six 
 regiments, the regiments now established by law, ami 
 until otherwise, ordered the following shall be the es- 
 tablished brigades and regiments, viz: 
 
 * RT( 3 A DEs . ' Counties . 
 
 to ^• 
 
 How distinguished' in coun- 
 ties where more than on. 
 
 
 
 Regiment. 
 
 f ICurrituck. 
 
 1 
 
 
 Ist-i 
 
 Camden, 
 Perquimans. 
 Pasquotank . 
 Chowan, 
 
 2 
 3 
 4 
 5 
 
 
 2nd 1 
 
 Hertford, 
 
 6 
 
 
 Gates, 
 
 1 
 
 
 1 
 
 Bertie, 
 
 8 
 
 9 
 
 10 
 
 
 > 
 
 Martin, 
 
 
 3rd- 
 
 Washington, 
 
 11 
 
 
 Tyrrell, 
 Hyde, 
 
 12 
 
 13 
 
 

 
 
 § ^ How distinguished 
 
 in 
 
 Bfjgade.3. 
 
 Counties. 
 
 o w 
 
 counties where more th 
 one Regiment. 
 
 an 
 
 r 
 
 Beaufort, 
 
 14 
 
 
 
 4th ^ 
 
 [ 
 
 Craven , 
 
 15 
 
 North. 
 
 
 C( 
 
 16 
 
 South. 
 
 
 Pitt, 
 
 11 
 
 
 
 5tli-{ 
 
 Carteret, 
 
 18 
 
 
 
 Jones, 
 Lenoir, 
 
 19 
 20 
 
 
 
 Onslow, 
 
 21 
 
 
 
 
 New Hanover, 
 
 22 
 
 East of N. Ea.st River. 
 
 
 
 (C 
 
 23 
 
 West of" " " 
 
 
 6th ^ 
 
 Sampson, 
 
 24 
 
 East of Big Coharie. 
 
 
 
 (( 
 
 25 
 
 West of'' '' 
 
 
 > 
 
 Duplin, 
 
 26 
 
 
 
 Vth^ 
 
 Wayne, 
 Greene, 
 
 27 
 28 
 29 
 
 Upper. 
 Lower. 
 
 
 s 
 
 Edgecombe, 
 
 30 
 
 Upper. 
 
 
 8th ^ 
 
 i( 
 
 31 
 
 Lower. 
 
 
 Nash, 
 
 32 
 
 
 
 
 Wilson , 
 
 33 
 
 
 
 ' 
 
 Halifax, 
 
 34 
 
 Upper. 
 
 
 1 
 
 a 
 
 35 
 
 Lower. 
 
 
 9th ^ 
 
 1 
 
 Northampton, 
 
 36 
 
 
 
 
 Warren, 
 
 37 
 
 
 
 Wake, 
 
 38 
 
 East of Raleigh. 
 
 
 (( 
 
 39 
 
 West " 
 
 
 10th ^ 
 
 Franklin, 
 Johnston, 
 
 40 
 41 
 
 
 
 » 
 
 Granville, 
 
 42 
 
 North. 
 
 
 
 iC 
 
 43 
 
 South. 
 
 
 11th. 
 
 Pepson , 
 
 44 
 
 
 
 
 Orange, 
 
 45 
 
 Hillsboro', 
 
 
 
 
 46 
 
 Hawlields. 
 
 
 12th 
 
 Caswell , 
 
 47 
 
 
 
 Alamance, 
 
 48 
 
 
 
 " 
 
 Chatham, 
 
 49 
 
 Lower. 
 
 
 
 ii 
 
 50 
 
 Upper. 
 
 

 
 O H 
 
 iHow distinsruisliod 
 
 in 
 
 Brigades. 
 
 Counties. 
 
 ^ 9 counties where more tl 
 
 an 
 
 
 i 
 
 ^25 ;^ one Regiment. 
 
 
 
 Moore, 
 
 Harnett, 
 
 Cumberland, 
 
 51 
 
 
 
 13th ^ 
 
 52 
 53 
 
 Lower. 
 
 
 ' 
 
 Bladen, 
 
 54 
 55 
 
 Upper, 
 
 
 14th ^ 
 
 Brunswick, 
 Columbus, 
 
 5G 
 57 
 
 
 
 
 Robeson, 
 
 58 
 
 Lower. 
 
 
 a 
 
 <( 
 
 59 
 
 Upper. 
 
 
 15th- 
 
 Richmond, 
 
 60 
 61 
 
 Lower^ 
 Upper. 
 
 
 
 Montgomery, 
 
 62 
 
 
 
 ^ 
 
 Randolph, 
 
 63 
 
 West. 
 
 
 16th- 
 
 Davidson, 
 
 64 
 65 
 
 East. 
 Lower. 
 
 
 
 (I 
 
 66 
 
 Upper. 
 
 
 
 Guilford, 
 t > 
 
 67 
 68 
 
 West. 
 East. 
 
 
 17th- 
 
 Rockingham, 
 
 69 
 
 Lower. 
 
 
 
 a 
 
 70 
 
 Upper. 
 
 
 
 Forsythe, 
 
 71 
 
 
 
 ' 
 
 Stokes, 
 
 72 
 
 
 
 18th- 
 
 Surry, 
 Yadkin, 
 
 73 
 
 74 
 75 
 
 North. 
 South. 
 
 
 ? 
 
 Rowan, 
 
 76 
 
 
 
 19th. 
 
 iDavie, 
 Iredell, 
 
 77 
 78 
 
 North ofS. Yadkin. 
 
 
 
 li 
 
 79 
 
 South " " '< 
 
 
 a 
 
 Anson, 
 
 80 
 
 Lower. 
 
 
 20th- 
 
 Union, 
 
 81 East. 
 
 
 Cl 
 
 82,West. 
 
 
 
 Stanly, 
 
 83; 
 
 
 » 
 
 Cabarrus, 
 
 84! 
 
 
 21 8t- 
 
 Mecklenburg, 
 
 85 North. 
 
 
 i( 
 
 86 South. 
 
 
 >. 
 
 Gaston , 
 
 87 
 
 
 

 O H 
 
 How distinguished 
 
 in 
 
 Brigades. Counties. 
 
 • li 
 
 counties where more 
 
 than 
 
 
 
 o w 
 
 one Regiment. 
 
 
 ( 
 
 Lincoln, 
 
 88 
 
 
 
 22nd ^ 
 
 Catawba, 
 
 89 
 
 
 
 Cleaveland, 
 
 90|Upper. 
 
 
 I 
 
 u 
 
 91 
 
 Lower. 
 
 
 > 
 
 Wilkes, 
 
 92 
 
 Lower. 
 
 
 23rd ^ 
 
 Alexander, 
 
 93 
 94 
 
 Upper. 
 
 
 Caldwell,' 
 
 95 
 
 
 
 Alleghany, 
 
 96 
 
 
 
 24th < 
 
 Ashe, 
 
 Watauga, 
 
 Mitchell, 
 
 97 
 98 
 99 
 
 
 
 ' 
 
 Burke, 
 
 100 
 
 North. 
 
 
 25th ^ 
 
 a 
 
 101 
 
 South. 
 
 
 McDowell, 
 
 102 
 
 
 
 I 
 
 r 
 
 Rutherford, 
 
 103 
 
 North. 
 
 
 C( 
 
 104 
 
 South . 
 
 
 2Gth^ 
 1 
 I 
 
 Polk, 
 
 Henderson, 
 
 Transylvania, 
 
 105 
 106 
 107 
 
 
 
 ' 
 
 Buncombe, 
 
 108 
 
 North. 
 
 
 27th ^ 
 
 Madison, 
 
 109 
 
 110 
 
 South 
 
 
 
 Yancey, 
 
 111 
 
 
 
 
 ' Haywood, 
 Jackson, 
 
 112 
 113 
 
 
 
 28th ' 
 
 Macon, 
 
 jOherokee, 
 
 114 
 115 
 
 
 
 '^ 
 
 .'Clay, 
 
 116 
 
 
 
 Sec. 2. Each regiment of Artillery, Infantry, Rifle- 
 men, or Cavalry shall consist of one colonel ; one lieu- 
 tenant-colonel ; one major ; three surgeons, with the 
 assimilated rank, one of major, one of captain, and one 
 of first lieutenant ; one adjutant; one assistant commis- 
 sary and one assistant quartermaster, who shall also be 
 thepavmaster, each with the rank of first lieutenant ; an<l 
 
[une] chaplain, with the assimilated rank of captain ; one 
 sergeant-major ; one commissary's sergeant ; one quarter- 
 master's sergeant; and one chief musician — (all after 
 the major to be appointed by the colonel), and ten com- 
 jianies. Each company shall consist of one captain, one 
 first lieutenant, two second lieutenants, five sergeants, 
 four corporals, two musicians, (and in horse companies, 
 one farrier and one blacksmith,) and from sixty to one 
 hundred privates, (non-commissioned officers, musicians, 
 farriers and blacksmiths to be ai)pointed by the captain.) 
 Sec. 3. All free white men and whjte apprentices, resi- 
 dents of this State, except ministers of the Gospel of 
 every denomination that are properly ordained, or have 
 tlie cure of souls, and the superintendent, assistant phy- 
 sician and necessary attendants of the Insane Asylum, 
 of North Carolina, who shall be of the age of eighteen 
 and u;.der fifty years, shall as soon as practicable, be 
 severally and respectively enrolled in the militia of this 
 State by the captain or commanding officer of the infan- 
 try company within the bounds of whose district, (to be 
 allotted to him as hereinafter directed,) such person shall 
 reside ; and it shall at all times be the duty of eveiy cap- 
 tain,* or commanding officer of any company, to enrol 
 every such person, except as hereinbefore or hereinafter 
 excepted, and also those between the ages aforesaid and 
 not exempt by law, who may, from time to tin e, come to 
 reside within the bounds of his district, and re'nain 
 therein thirty days, and lie shall without delay notify 
 such person of the enrolment, by a proper non-commis- 
 sioned officer of the c6mpany, by whom the notice may 
 be proved. And in case there shall be no captain oi- 
 commanding officer in any district, the Adjutant-General 
 shall appoint an enrolling officer for such district, whose 
 duty it shall be to make a note of the free white persons 
 and white apprentices in said district, between the ages 
 of eighteen and fifty years, and he shall within ten dayj» 
 
after said enrolment, order an election, and notify all 
 persons to attend said election, who are required to do 
 militia duty ; the said enrolling officer is further requir- 
 ed to open the polls and superintend the election for com- 
 pany officers, and transmit to the Adjutant General a 
 fair statement thereof, with a copy of the vote; and it 
 shall be the duty of the Adjutant General to compare the 
 statements made to him by the enrolling officer aforesaid 
 and make known to the Governor the persons elected ; 
 and he shall commission said persons. And any enrol- 
 ling officers, appointed as aforesaid, who shall refuse to 
 act, or undertaking to act, shall fail to make his returns 
 to the Adjutant General within thirty days from his ap- 
 pointment, shall forfeit and pay to the State of North 
 Carolina one hundred dollars, to be recovered upon sum- 
 mary motion in the Superior Court of law for Wake 
 County. 
 
 Sec. 4. The Vice President of the Confederate States, 
 the officers, judicial and executive, of the Confederate 
 States, the judges of the Supreme and Superior Courts of 
 Law, the secretary, comptroller, treasurer, high sheriffs 
 of the several counties; all the necessary employees of 
 the different Railroad Companies in the State, and Tele- 
 graph Operators ; all custom house officers, postmas- 
 ters, and stage drivers or mail carriers, employed in 
 the care and conveyance of the mail to the post offices of 
 the Confederate States, all millers of public mills, pro- 
 vided that this exemption shall only extend as to each 
 mill to one person subject to do military duty, whose 
 occupation and daily employment it is to attend and per- 
 form the duty of a public miller; all branch pilots, all 
 mariners actually employed in the sea service of the Con- 
 federate States, or of any merchant; shall be, and they are 
 hereby, exempted from military duty : Provided, alioays, 
 That nothing herein contained shall be so construed as to 
 exempt any person from performing duty in case of in- 
 
vasion or insurrection in this State. Aiid provided fur- 
 tker, that every practising physician shall be exempted 
 from any fine or penalty for not attending to the ordinary 
 company and regimental drill upon making oath that it 
 was necessary for him to be absent upon professional duty. 
 
 Sec. 5. The members of the several fire companies, so 
 long as they shall continue members of said companies, 
 that now nre, or may hereafter be establislied in this 
 State, shall be and they are hereby declared exempted 
 from all military duty, except in time of war, invasion or 
 insurrection. It shall be the duty of the captains of all 
 fire companies, once a year, to send a regular muster roll 
 to the colonel commandant of the regiment, by the first of 
 November, in each year, under the penalties now imposed 
 on the captains of militia companies on failure of sending 
 a muster roll in the limits of which the company exists, 
 of all persons belonging to said company, liable to do 
 n)ilitary duty, and the colonel of the regiment shall in- 
 clude them in his regular annual returns to the general 
 of the brigade, and adjutant general. Persons having 
 scruples of conscience against bearing arms, who shall 
 produce to the captains of their respective districts cer- 
 tificates, signed by the clerks of their respective churches, 
 that they are regular members thereof, and shall make 
 oath or affirmation, before a justice of the peace, that they 
 are, from religious scruples, averse to bearing arms, and 
 shall also produce a certificate from such justice of the 
 j)eace, that such oath or affirmation has been duly made, 
 shall not be compelled to muster or perform military 
 duty, except in cases of insurrection or invasion, or pay 
 any tax for said exemption, but they shall be subject to 
 taxation in time of insurrection, invasion or war, and also 
 to furnish their quota of men or pay an equivalent. All 
 other persons liable to do military duty shall be allowed 
 to furnish their quota of men, or pay an equivalent. 
 
 Sec. 0. The captains or commandants of companies 
 
8 
 
 ehall enrol and keep enrolled on their muster rolls, all 
 within the limits of their respective districts, who are 
 L-xempt from performing militia duty by law, except in 
 time of invasion or insurrection, and shall return the 
 number of exempts on their annual muster rolls to the 
 commandants of regiments, Avho shall make a like return 
 of all exempts in their respective regiments in their an- 
 nual returns to the brigadier and adjutant generals, regu- 
 lations for which annual reports are hereinafter prescribed. 
 
 Sec. T. That the tax list shall have a column headed 
 military roll^ to be prepared by the comptroller, and that 
 the tax list takers shall annually include in their lists the 
 names of the persons in their districts between the ages 
 of eighteen and fifty years^ liable to be enrolled for mili- 
 tary duty ; and it shall be the duty of every white per- 
 son who shall give in his taxables to report himself on 
 oath for enlistment, who is liable for military duty ; and 
 every white person who shall return his taxes, shall also, 
 on oath, report every white person residing in his family 
 who shall be liable for military duty. 
 
 Sec. 8. That the tax list takers shall return the lists 
 to the clerks of the county courts, and by them the namey 
 of the persons liable to military duty shall be drawn off, 
 the district in which they live specified, and a copy of 
 such list shall be given to the colonel of the regiment, and 
 also to the captain of the company in each district ; and 
 the clerks shall receive the sum of five dollars for their 
 services, to be paid by the county treasurer. 
 
 Sec. 9, It shall not be lawful for any captain or other 
 malitia officer in this State to enrol any free persons of 
 color, except for musicians, and, in time of actual service, 
 four to each company as cooks, Avho shall be rationed and 
 paid by the State, and four others as washers, to be ra- 
 tioned by the State, and paid by men of the company for 
 whom they wash. 
 
 Sec. 10. Everv resident enrolled and notified, as is di- 
 
rected in tlie third sectioii of this act, shall, within ouc 
 raontli thereafter, provide himself with a good musket, 
 smooth bore gun or rifle, shot poilch and powder horn, 
 and shall appear so armed and accoutred, when called out 
 to exercise or in actual service ; the commissioned officers 
 shall severally be armed with a sword — or revolver at his 
 discretion ; and every resident, so enrolled and providing 
 himself with arms and acc<:)utreme^ts as lierein directed, 
 shall liold tlie same exempt from all writs, executions, or 
 sales fur debt or for the payment of taxes ; and if he shall 
 fail to provitle himself with arms and accoutrements, as 
 herein directed, and if the commissioned officers of his 
 company shall deem him in sufficient circumstances to 
 equip himself, he shall forfeit and pay, as follows : for 
 want of a good serviceable musket, smooth bore gun or 
 rifle, the sum of fifty cents. And all parents, guardians 
 and masters shall furnish those of the militia, who shall 
 be under their care or command, with the arms and 
 equipments above mentioned, under the like penalty for 
 each neglect : Provided, Such guardian shall have suffi- 
 cient in his hands belonging to liis ward to purchase said 
 arms. If the company court martial, after examination 
 on oath, shall adjudge any person enrolled to be incapable 
 of providing himself with arms and accoutrements, as 
 here required, they shall make a report thereof to the 
 next court martial, wlio may, if it shall appear necessary, 
 exempt such person I'rom the fines here imposed, until 
 such arms and accoutrements shall be provided and deliv- 
 ered to him by the court martial, who shall take security 
 for the safe keeping of such arms and accoutrements, to 
 be returned when required. 
 
 Sec. 11. When a company in any district exceeds one 
 hundred, it shall be divided into two as nearly equal as 
 may be ; and all tlie companies in any one county shall 
 remain in the same regiment until the number reaches 
 sixteen, wlieu it shall be divided into two regiments of 
 
10 
 
 eight companies each, unless otherwise especially provided 
 hy law; and any new companies shall be added alternate- 
 ly to one and the other. The regimental courts martial 
 ot the several regiments in this State, shall have power 
 so to lay off the several captain's districts, as to render 
 them as convenient to the inhabitants as a due regard to 
 the number of persons liable to perform military duty 
 will permit ; and they may at any subsequent court mar- 
 tial so alter or consolidate their I'espective districts, as to 
 create new ones, or to unite portions of districts together, 
 80 as to form other and seperate districts, as a majority of 
 the court martial may think proper ; and all allotments 
 or alterations shall be duly recorded by the adjutant in 
 the boohs of the regiment. Where a small number of 
 inhabitants are so detached by water courses or moun- 
 tains, as to render their attendance inconvenient at any 
 place where they have been accustomed to muster, and 
 where such detached sections contain a population of thirty- 
 six men, liable to perform military duty, it shall be 
 the duty of the regimental court martial to lay that sec- 
 tion off into a separate captain's district ; and where there 
 fihall be two or more regiments in any county within this 
 State, a majority of the officers, composing such regiments, 
 shall have full power to alter and regulate the boundary 
 lines of their regiments, and in the event the officers should 
 not agree with respect to said lines, it shall be the duty 
 of the county court, a majority of the justices being pres- 
 ent, to establish the said lines ; and when so fixed, the 
 adjutant of each regiment shall spread the same on the 
 books of til e regiment. 
 
 Sec. 12. The Grovernor, being the constitutional Com- 
 mander-in-Cliief, shall be entitled to appoint and commis- 
 sion the following staff officers, in addition to the adjutant 
 general : one military secretary and one aid-de-camp, 
 each with the rank of colonel, and two other aids--de-camp 
 — one with the rank of lieutenant colonel and one with 
 
11 
 
 that of major ; one surgeon j^eneral, with the assimilated 
 rank of colonel, and one chaplain. The adjutant general 
 shall be elected by the joint vote of the General Assembly 
 every four years, and in case of death, resignation or re- 
 moval from the State, when the General Assembly is not 
 in session, the Governor and Council of State shall fill 
 said vacancy. 
 
 Sec. 13. A major general shall be entitled to appoint 
 the folloAving staff officers : one assistant adjutant and 
 inspector general, with the rank of lieutenant colonel ; 
 one assistant quartermaster, who shall also be paymaster, 
 and one assistant commissary of subsistence, each with 
 the rank of major ; two aids-de-camp — one with the rank 
 of major, and one with that of captain ; one surgeon, and 
 one chaplain . 
 
 Sec. 14. A brigadier general shall be entitled to ap- 
 point the following staff officers : one assistant adjutant 
 and inspector general with the rank of major ; one assist- 
 ant quartermaster, who shall also be paymaster, and ont- 
 commissary of subsistence, each with the rank of captain: 
 one aid-de-camp, with the rank of captain ; one surgeon, 
 and one chaplain. 
 
 Sec. 15. Whenever two brigades are assembled, or or- 
 dered to act together, the brigadier generals shall nom- 
 inate and the Governor commission a major general t<» 
 command them. Should they not agree, the Governor 
 shall appoint and commission him. 
 
 Sec. 16. Brigadier generals shall be elected by the 
 field officers of a brigade, by a majority of the written 
 votes of said officers, to be sent to the adjutant general, 
 on a day to be named by him in an order to such colonel 
 or commanding officer of a regiment in said brigade ; 
 should no one receive a majority, the Governor shall ap- 
 point and commission one of three having the largest 
 number of votes : and should no more than three votes be 
 received within twenty days after the daj named by the 
 
12 
 
 adjutant general, then the Governor shall appoint and 
 commission one. 
 
 Sec. 17. Field officers, (colonels, lieutenant colonels 
 and majors,) shall be elected by a majority of the com- 
 missioned officers of each regiment present, on a day to 
 be designated by the adjutant general, and at the usual 
 place of assembling the regiment, the votes to be counted 
 by the two senior officers of the regiment present, and the 
 result certified to the adjutant general, through the brig- 
 adier general. Should there be no election, the brigadier 
 general, in forwarding the result to the adjutant general, 
 shall nominate two of the persons voted for for each -'office, 
 one of whom shall be appointed and commissioned by the 
 Governor. 
 
 Sec. 18. Company officers shall be elected by the com- 
 pany on a day to be designated by the colonel or' com- 
 manding officer of the regiment, and at the usual place 
 of j)arade of said company, and a majority of those pres- 
 ent shall elect. Two officers of the regiment to which the 
 company belongs, shall be ordered to superintend the 
 election, and make return thereof to the colonel or com- 
 manding officer of the regiment, who shall forv/ard it to 
 the adjutant general through the brigadier general of the 
 brigade. Should there be no election, the colonel or com- 
 manding officer of the regiment, in forwarding the result 
 to the adjutant general, shall nominate two or more of 
 the persons voted for for each office, of whom the briga- 
 dier general shall nominate two for each office to the ad- 
 jutant general, one of whom shall be appointed and com- 
 missioned by the Governor. 
 
 Sec. 19. Any officer who shall fail or refuse to accept 
 the office to which he may be elected or appointed, or who 
 shall fail to equip himself according to law within three 
 months from tlie date of his commission: if a major or 
 brigadier general, he shall forfeit and pay the sura of two 
 hundred dollars : if a field officer, one hundred dollars ; 
 
13 
 
 if a captain, fifty dollars ; and if a lieutenant, twenty-fivo 
 dollars ; to be recovered as in section 3 of thi.s act : Pro- 
 vided, That no officer shall be compelled to bold his office 
 longer than three years. 
 
 Sec. 20. All officers shall reside within the brigade, 
 regiment or company district to which they respectively 
 belong. 
 
 Sec. 21. The uniform of the militia shall 1m- urai pre- 
 scribed for the army of tlie Confederate States, but the 
 button shall have the words "North Carolina" thereon. 
 
 Sec. 22. All officers shall be commissioned by the Gov- 
 ernor, anol shall take the following oath, to wit : ''I, A. 
 B., do solemnly swear or affirm (as the case may be) that 
 while I continue in the service I will bear true faitli and 
 yield obedience to the State of North Carolina, and that I 
 will serve it honestly and faithfully against its enemies, 
 and that I will observe and obey the orders of the Gov- 
 ernor of the said State, and the orders of the officers ap- 
 pointed over me, according to law. " This oath shall be 
 taken and subscribed by the officer and returned to the 
 adjutant general. 
 
 Sec. 23. It shall be the duty of the adjutant general to 
 keep books in which all commissions given to officers 
 shall be recorded, to issue all orders of the commauder-in 
 chief, and to keep a record thereof, and to do all other 
 tilings properly belonging to the adjutant and inspector 
 general of an army. He shall discharge the duties of 
 liuarter master and paymaster general, commissary gen- 
 eral, and chief of ordance, with such assistants in eacli 
 department not exceeding four in times of war, and one 
 in times of peace, and such clerks as the Governor may 
 deem necessarv, to be appointed by him and subject to 
 his removal ; said assistants shall do duty in any of said 
 departments when required by the adjutant general, and 
 shall have rank and pay not higher than captain 
 in times of war, and the rank and pay of captain in 
 
u 
 
 times of peace ; said pay to be the same as in the confed- 
 erate service ; and the clerks shall receive not more than 
 fivehuudred. nor lessthau threehundred dollars^e?' awwwm. 
 The adjutant general shall receive for his services as 
 above directed, in time of war the pay and allowance of a 
 brigadier general in the army of the Confederate States, 
 and in time of peace one thousand five hundred dollars, 
 and may hold his office four years from and after the 
 meeting of the first regular session of the General As- 
 sembly after the passage of this act, or until his successor 
 is elected. 
 
 Sec. 24. Major generals will command two brigades 
 when in actual service. It shall be the duty of the brig- 
 adier gereral to review at least once a year the regiments 
 composing his brigade. It shall be the duty of the colo- 
 nel to assemble his regiment twice in each year for drill 
 and review. It shall be the duty of the captain to assem- 
 ble his company for drill once a month in time ol war, 
 and once in three months in time of peace. 
 
 Sec. 25. For failure to perform the duties required in sec- 
 tion 24 of this act, the brigadier general shall forfeit and 
 pay the sum of two hundred dollars ; the colonel, one hun- 
 dred dollars ; and if any captain or commanding officer 
 of a company shall fail or neglect to mustor his company, 
 as directed by section 24 of this act, he shall forfeit and 
 pay the sum of six dollars for each failure, to be adjudged by 
 the next regimental court martial ; and if he or any com- 
 missioned officer of the company shall fail to appear 
 equipped as directed at said muster, the officer so failing 
 shall pay the sum of four dollars ; and if a non-commis- 
 sioned officer or private shall fail to attend at a company 
 muster, he shall forfeit and pay the sum of one dollar ; 
 and if he attend without being armed and accoutred, he 
 shall pay the sum of fifty cents, which sum shall be ad- 
 judged by the company court martial according to the 
 circumstances of said delinquent: Provided, That every 
 
15 
 
 absentee shall be allowed until the next succeeding com- 
 pany muster' to make his excuse, which shall always be 
 on oath, the officer highest in rank present being hereby 
 authorized to administer the same. When companies con- 
 sist principally of persons residing within any town, and 
 the muster ground is at or within one mile of said town, 
 all fines imposed by this act for not appearing at reviews 
 and musters, or if appearing, not being properly armed 
 and accoutred, shall be doubled. 
 
 Sec. 26. That in each brigade the general commanding 
 the same shall appoint a brigade inspector who shall 
 hold the rank of majcr, whose duty it shall be to drill 
 all the commissioned officers and orderly sergeants of the 
 brigade at least two days before each regimental muster, 
 said officers being required to drill in uniform, and for 
 each day's service he shall receive two dollars, to be paid 
 at the treasury upon certificate of the commandant of the 
 brigade that such services were rendered. He shall drill 
 according to Hardee's Tactics, and such other tactics as 
 the commander-in-chief may prescribe, and a copy of such 
 tactics shall be furnished to each commissioned officer by 
 the Adjutant-General at the expense of the State. 
 
 Sec. 27. Between the middle and end of November in 
 each year, every regiment of militia shall be regularly 
 mustered by the brigadier-general, or its own command- 
 er. For this muster each captain shall fill out two mus- 
 ter rolls, blanks to be furnished by the adjutant-general, 
 which shall contain the names of all ])ersons belonging to 
 the company. By these muster rolls, the brigadier- 
 general, or Qommander of the regiment, shall muster each 
 company, after having inspected it. These rolls shall be 
 signed by both the captain and mustering officer, and be, 
 by the latter, sent to the adjutant-general. The colonel 
 shall make similar rolls for his staff. 
 Sec. 28. The commissioned officers of companies, or a 
 majority of them, shall, after every muster of the com- 
 
in 
 
 ])any,ou a day to be appointed by the commanding officer 
 of the company, meet in court-martial, and proceed to try 
 and determine all cases which may come before them, and 
 on conviction of any delinquent, the officer highest in 
 rank, present, shall enter up judgment, and issue writs' 
 of execution against the goods and chattels or body of 
 the delinquent, as in judgment in civil cases. 
 
 Sec, 29. The right of appeal shall be allowed from a 
 company to a regimental court-martial, but no appeal 
 .shall be granted, unless the person praying the same shall 
 give notice thereof in ten days from the sitting of the court. 
 and he shall give security, to be' api)roved by the captain 
 or presiding officer of the company court-martial, to abide 
 by the decision of the regimental court m.artial ; said ap- 
 peal shall be taken in like manner as appeals froip justices 
 of the peace to the county courts, and shall be proceeded 
 on in like manner by the regimental court-martial. 
 
 Sec 30. Every execution coming up on a judgment en- 
 tered up beibre any court-martial, shall be directed to a 
 constable or the sheriff of the county, and the officer to 
 whom such execution maybe directed and delivered, shall 
 proceed to collect the same in tlie manner and under the 
 rules established in civil cases, and shall be allowed the 
 {^ame fees for his services. He shall make his return to 
 the next company court-martial, under a penalty of twen- 
 ty dollars- for every neglect of duty, to be recovered by 
 such on the official bond of such constable or sheriff, in the 
 name of the State to the use of the presiding officer of the- 
 rourt-martial from which such execution issued. Any 
 j^enalty so recovered shall be appropriated a^ other mili- 
 tary fines, and in case the presiding officer of any court- 
 martial should fail in any such suit, he is authorized to use 
 so much of the fines of the company or regiment, as the 
 case may be, as shall be necessary to defray the expenses 
 of said suit. 
 
 Sec. 31. The presiding officer, of such court shall ad- 
 
17 
 
 minister to each member the following oath, viz: "We, 
 A. B. C, do each of us swear, (or offirm,) that we will 
 faithfully enquire into all delinquencies brought before 
 thiscourtand assess the fines therefor, without partiality, 
 favor, or affection: So help us God." 
 
 Sec. 82. Every court-martial shall have the power and 
 authority to issue writs of capias ad satisfaciendum upon 
 any judgment rendered in said courts under the same 
 rules as are now or may be prescribed by law in civil ca- 
 ses ; said writ shall be issued by any lawful officer of the 
 Bounty, and it shall be returned to the county court, un- 
 der the same rules and regulations as though the said writ 
 had been issued by a justice of the peace, and shall be 
 treated and governed accordingly, except no affidavit 
 shall be required to make up any issue of fraud. 
 
 Sec. 33. All executions issued by any court-martial and 
 levied upon real estate, shall be returned to the county 
 court under the same rules, regulatfons and law as justice'*!: 
 e.Kecutious for the same. 
 
 Sec. 34. All witnesses who have been summoned by any 
 t;ourt-niartial shall appear accordingly, and continue from 
 term to term until discharged, and in default thereof shall 
 forfeit and jiay the sum of forty dollars, to be recovtjred 
 by a scire facias: ^ issued by said court-martial. 
 
 SiX'. 35. There shall be in each regiment a regimental 
 court-martial, composed of the commandant of the regi- 
 ment, and the commandanta of battalions and companies, 
 in the regiraetit, or attached to it. A majority of these 
 officers shall cimstitute a quoruu). 
 
 Sec. 36. Thf senior officer present shall preside. The- 
 court shall sit twice in every year at such time and place 
 as the commaTidant may appoint. 
 
 Sec. 37. The president and members shall take the 
 oath prescribed for a company court-martial, which shall 
 'coadministered in the same manner. 
 
 Sec. 38. The adjutant shall act as judge advocat-e 
 
18 
 
 in such courts, and in addition to other duties, shall 
 keep a fair record of the proceedings of the court, and in 
 e«fcseof his disability to attend, the president shall appoint 
 an acting judge advocate in his stead. 
 
 Sec. 39. The said regimental court shall have power to 
 assess fines according to law, upon officers of the regiment, 
 upon officers attached thereunto, or upon other persons 
 when specially authorized ; may hear and determine ap- 
 peals from the company courts-martial, and may remit or 
 lessen any fines imposed by them or any fine imposed by 
 the preceding regimental court, on good cause being 
 shown ; may adjourn from time to time until the busine&s 
 before it is completed; and if a quorum be not present, 
 may adjourn until a quorum is formed, or the commanding 
 officer may adjourn it to any day, giving reasonable 
 notice thereof. 
 
 Sec. 40. All complaints upon whi^h general courts- 
 martial may be ordered, shall be in writing, under oath, 
 signed by the complainant, and shall clearly specify the 
 offence, and the time when, and the place where it wa« 
 committed. 
 
 Sec. 41. Every officer to b'? tried by court-martial shall 
 be put under arrest. 
 
 Sec. 42. No commissioned officer shall be tried but by a 
 general court-martial to be ordered by a brigadier-general, 
 or higher authority. 
 
 Sec. 43. No officer shall be arrested for an offence com- 
 mitted more than one year before application for such ar- 
 rest, unless his absence or other manifest impediment, ha« 
 prevented the preferment of the complaint within that 
 time. 
 
 Sec. 44. Any officer making an arrest shall forthwith 
 certify the same to the brigadier-general, together with 
 the cause thereof, and the charges, specifications and proofs 
 { ffered to sustain said charges. No officer shall be arreut- 
 ed but by a field-officer of his regiment or commander of 
 his company, or higher authority. 
 
19 
 
 Sec. 45. If the brigadier-general shall refuse to order 
 a court-martial upon any officer so arrested, he shall cause 
 an order of discharge to be issued, and, if no court-martial 
 be ordered within thirty days, the arrested officer shall b« 
 restored to command. 
 
 Sec. 46. The Governor, for misconduct within his own 
 knowled<;e, or upon complaint in writing by any commis- 
 sioned officer, may order a court of inquiry to investigate 
 charges against any officer of militia. His order for such 
 court shall be issued by the adjutant-general. 
 
 Sec. 47. A court martial shall consist of not less than 
 five nor more than nine members, and shall be constitu- 
 ted in the same manner as is provided for the government 
 of similar courts in the army of the Confederate States. 
 
 Sec. 48. At least ten days before the meeting of any 
 court martial, the officer detailing the same shall give 
 the officer arrested notice in writing of the time and 
 place of the sitting of the court for his trial ; and shall 
 furnish him with a list of the officers detailed therefor, 
 and he shall draw up in writing the charges and specifi- 
 cations of the alleged offence and shall sign his name 
 thereto, and cau.se a duplicate of the same to be delivered 
 to the accused ten days before his trial ; and if ho objecta 
 and the court is satisfied that he has not received the 
 same, they shall adjourn so as to allow the time required 
 to elapse after the delivery of the proper notice. Upon 
 such trial, nothing shall be alleged against the accused 
 except what is embraced in the charges and specifications, 
 unless for misconduct on trial. 
 
 Sbc. 49. The officer detailing a court martial for the 
 tiial of any commissioned officer, shall appoint a Judge 
 advocate and an orderly to summon the court and wit- 
 nesses, and a provost marshal. 
 
 Sec. 50. The judge advocate, after being notified of 
 his appointment, shall issue subpoenas for witnesses, m 
 well for the prosecution as for the accused ; shall attend 
 the court ; attend to the preparation and disposition of 
 the record ; have the custody and safe keeping of all 
 papers connected with the trial ; and perform all the du- 
 ties pertaining to his office as prescribed by the regula- 
 tions of the army of the Confederate States. The judge 
 advocate shall be the certifying officer to authenticate 
 c*ipie8 of papers and documents used before courta martial, 
 courts of inquiry, or boards of officers. 
 
20 
 
 Sec. 51. Before a court martial proceeds to the trial 
 of an officer, the judge advocate shall administer to the 
 president and members thereof, severally, the following 
 oath, viz : "You, A. B., do swear, (or affirm), that you 
 will well and truly try and determine, according to evi- 
 dence, the matter now before you, between the State of 
 North Carolina and the prisoner to be tried, and that you 
 will duly administer justice, according to law, without 
 partiality, favor or aft'ection, according to your conscience 
 and the best of your understanding ; and you do further 
 !iwear (or affirm) that you will not divulge the sentence 
 ►-f the court until it siiall be published by the proper 
 authority ; neither will you discover or disclose the vote 
 or opinion of any particular member of the court martial, 
 unless required to give evidence thereof, as a witness, by 
 a court of justice, in a due course of law : 80 help you 
 God. " And so soon as the oath shall have been adminis- 
 tered to the respective members, the president of the court 
 shall administer to the judge advocate, or person officia- 
 ting as such, an oath in the following words, viz : "You, 
 A. B., do swear, that you will not disclose or discover 
 the vote or opinion of any particular member of the 
 court martial, unless required to give evidence thereof, 
 as a witness, by a couri of justice, in due course of law ; 
 nor divulge the sentence of the court to any but the proper 
 authority, until it shall be duly disclosed by the same : 
 So help you God."' 
 
 Sec. 52. No member of the court shall be challenged 
 by the accused before the president, judge advocate an-.l 
 members shall have been sworn ; only one member shall 
 be challenged at a time, and the challenge shall be in 
 writing, stating the cause of said chaHenge. The court 
 being then cleare 1, and the challenged member having 
 withdrawn, the other members shall proceed to try wheth- 
 er the challenge is good. Illegality or irregularity in the 
 detail of a member of the court shall bo good cause of 
 challenge by either party ; but shall be considered as 
 waived unless the objection is taken at the time and in 
 the manner aforesaid. 
 
 Sec. 5?). If the accused neglects to appear and defend, 
 
 or refuses to plead, or withdraws in contempt of the court, 
 
 the court may ])roceedto trial and judgment as if he had 
 
 pleaded not guilty. 
 
 Sec. 54. If any i>erson summoned as a witness to at- 
 
21 
 
 tend any court martial, shall fail to appear accordingly, 
 the judge advocate may issue a capia.^ ad respondendum 
 in like manner and with the like consequences as in crimi- 
 nal prosecutions, and if such witness be an officer, he 
 shall be liable to arrest, and tried by court martial, and 
 to be cashiered or censured ; and if any person so sum- 
 moned, and attending, shall refuse to give evidence, he 
 may be fined as aforesaid, or be committed to prison by 
 the court as for a contempt ; and the said fines shall be 
 collected by the sheriff of the county in the same manner 
 and the same proceedings had thereon, in case of failure 
 to pay, as are had on CKPCutions issued from any court ot 
 record in the State: Provided, That in all cases the judge 
 advocate shall place in tlie hands of the sheriff or collec- 
 tor of the county in which said witness resides, an execu- 
 tion fertile amount of sucli fine, and make a return to 
 the presiding officer of the court martial, issuing said 
 execution, s;nting forth against whom such execution has 
 issued, and for what amount, and to what officer it was 
 delivered. 
 
 Sec. 55. Before the witnesses testify they shall be 
 «worn by the judge advocate in the following form, viz : 
 '•You swear, or affirm (as the case may be,) the evidence 
 you shall give in the cause now in hearing shall be the 
 truth, the whole truth, and nothing but the truth : So 
 help you God." 
 
 Sec. 56. When the adjutant is complainant for neglect 
 or default in making returns, he shall not be required to 
 be present ; and his certificate shall be prima facie evi- 
 dence that such return was or was not made, and that 
 a copy of a return is true. 
 
 Sec. 57. The statement of the complainant and the de- 
 fence of the accused, and motions, arguments and objec- 
 tions to the proceeding by either party, and the answer 
 thereto, shall be submitted to the conrt in writing ; the 
 evidence and proceedings in and out of court, and opin- 
 ions of the judge advocate on questions of law arising 
 during the trial, shall be put in writing by him. After 
 the prosecution and defence are concluded he shall state 
 and sum up the evidence an give his opinion to the court 
 upon matters of law, which opinion, with the judgment 
 he shall put in writing. When a question is to be de- 
 cided, the judge advocate shall receive the vote of each 
 member, beginning with tlie youngest and proceeding to 
 
the oldest, and iinlesB two-thirds of the members agree 
 that the accused is guilt}', he shall be acquitted. 
 
 Sec. 58. If two-thirds of the menibeis find him to be 
 guilty, he shall be sentenced to be reprimanded in orders, 
 or to forfeit a sum not exceeding two hundred dollars, or 
 to be cashiered, either or all of them ; in the last 
 case, may be further adjudged to be disqualified from 
 holding any military office during life or for a term of 
 years ; but no sentence of disqualification or of dismissal 
 from office shall be executed, until the proceedings of the 
 court shall have been laid before the commander-in-chief, 
 and approved by him. 
 
 Sec. 59. Courts martial may preserve order during 
 their sessions, and whosoever in such court behaves in a 
 disorderly or an insulting manner, or makes a tumult or 
 disturbance, may be arrested by order of the court, and 
 confined, not exceeding twenty-four hours, or fined not 
 exceeding ten dollars, either or both. If the fine be not 
 paid, the judge advocate shall issue a mitimus forthwith, 
 to commit such person to prison in the same manner and 
 with the same effect as upon executions in cases of prose- 
 cutions for non-payment of military fines and costs. 
 
 Sec. 60. The original proceedings and sentence of any 
 court martial, with the papers used therein, certified by 
 the judge advocate, shall be eealed up, and without delay 
 delivered by him to the officer ordering the court, who 
 shall transmit the same with his written a})proval or dis- 
 approval, and the reasons therefor subjoined, to the ad- 
 jutant general to be filed in his office. The judge advo- 
 cate shall also make, certify and transmit the parol of 
 the court martial to the same office. The order consti- 
 tuting the court, or a certified copy thereof, must be at- 
 tached to the bill, and signed by all the persons interest- 
 ed. 
 
 Sec. 61. Every decision of a court martial shall be of- 
 ficially communicated to the accused by the officer order- 
 ing the court, within three days a!ter said officer shall 
 have approved or dissapproved of such decision. The 
 officer ordering the court, and the party tried thereof 
 shall receive, upon request from the adjutant-general, 
 a copy of the record, the party tried paying a reason- 
 able sum for his copy. Every person who shall think 
 himself aggrieved by the judgment of a court mar- 
 tial, may appeal therefrom to the commander-in-chief, 
 
23 
 
 who, upon exarainatiou, may remit the proceedings to 
 the said court for re-conHidcration, or may confirm or dis- 
 approve tiie same, and his decision shall he final. Officera 
 in court martial shall rank hy seniority of commission. 
 
 Sec. 62. Each officer attending as a memher of courts 
 martial, court of inquiry, or military board, shall receive 
 three dollars per day, for every day he shall attend, and 
 ten cents for every n\ilc he shall necessarily travel, in 
 going to and returning from the place appointed i'or the 
 meeting of the court. The judge advocate shall receive 
 for his services five dollars per day which shall be in lull 
 compensation for all services in preparing papers before 
 and making copies after trial, inquiry or investigation. 
 The provost marshal shall recieve tv^o dollars per day. 
 The orderly appointed to summon the court and witnessea 
 shall receive ten cents per mile for every mile he sViall 
 necessarily travel in performing such duty, and one dollar 
 per day for his attendance in the court. The witnesse* 
 attending the court shall receive the same compensation 
 and mileage as allowed to witnesses attending the Supe- 
 rior Courts of law. Fees for subpoenas and service of them 
 shall be the same as in civil cases. All compensation to 
 the court and its officers and other incidental expenses, 
 shall be certified to the adjutant general by the judge 
 advocate of the court, if any shall be holden, or if not, by 
 a:».y three officers summoned to attend as ai'oresaid ; and 
 shall be paid out of the contingent fund, except only that 
 the expense of more than three witnesses to the same 
 fact shall be paid by the party at whose instance they at- 
 tend. 
 
 Shc. 63. Every officer commanding a regiment or corps 
 in actual service, may appoint in his own regiment or 
 corps, a court martial to consist of three commissioned 
 officers, for the trial and punishment of any non-commis- 
 sioned officers, musician or private belonging thereto, for 
 all offences not cajdtal. Kach court shall be governed bj 
 the rules which govern similar courts in the army of the 
 Confederate States. The proceedings ot such court shall 
 be submitted to the officer ordering the same for his re- 
 vision and decision, and said officer may pardon or miti- 
 gate any punishment ordered by said court to be inflicted. 
 If tlie accused think himself aggrieved by the decision of 
 any such court, he may appeal to a general court mar- 
 tial, which shall be detailed for that purpose, when a new 
 
24 
 
 trial shall be had, and Ihe proceedings shall he the same 
 as in other cases tried by general courts martial. 
 
 Sec. 64. In thetrial of any case before a court martial, 
 the court shall proceed, unless otherwise and s{)ecially 
 provided by law, according to the rules and articles of 
 war, as established b}'- Congress, and according to the 
 practice and laws which govern such cases in the army of 
 the Confederate States. 
 
 Sec. G5. All fines collected through the adjutant gen- 
 eral shall he paid into the treasury of the State, and all 
 tines imposed by a court martial sliall be paid into the 
 hands of tliC presiding officer of the court martial, for 
 which the execution may issue, and to he disposed of by 
 the court martial for the benefit of the regiment or com- 
 pany tor which said court martial may have been held. 
 
 Sec. 6H. The commander-in-chief, when in his opinion 
 it is necessary, may call hoards of officers for settling 
 military questions, or for other purposes relative to good 
 order and discipline. 
 
 Sec. 67. Courts of inquiry shall he ordered only br 
 the commander-in-chief, and will be organized in like 
 manner as courts martial, and under the same regulations : 
 may examine into the nature of a transaction, imputa- 
 tion, or accusation, made against any officer by an infe- 
 rior. Vacancies shall be filled as in courts martial. The 
 judge advocate sliall administer to each of the officers 
 composing a court of inquiry the following oath, viz: 
 *' You shall well and truly examine and enquire, accord- 
 ing to your evidence, into the matter now before you, 
 without jiartiality, favor, affeetion, prejudice, or ho])e of 
 reward: So help you Grod." After wliich the president 
 S'hall administer to the judge advocate or recorder, the 
 following oath : "You, A. B., do swear that you will, 
 according to your best abilities, accurately and impartially 
 record the })rocecdings of the court, and the evidence to be 
 given in the case in hearing: So help you God." T\\e 
 witness shall take the same oath as witnesses sworn before 
 a court martial. The proceedings shall be recorded, and 
 with the ])a})ers and documents used therein, authenti- 
 cated and transmitted by the judge advocate to the adju- 
 tant general : no officer appointing a court martial, court 
 ofin(|uiry, or board of officers, shall order a guard for 
 the same, unless in his opinion it is necessary for their 
 protection. 
 
25 
 
 Sec. 68. That whenever the Governor of this State shall 
 receive from the President of the Coul'ederate States a re- 
 quisition for troops from tliis State, (»r whenever in the 
 opinion of the Governor, the public safety shall require a 
 resort to the provisions of this section, he shall issue his 
 proclamation declaring how many m?n arc required tohe 
 raised from each regiment of tlie State, taking into consi- 
 deration the number each regiuient shall have tlieretofore 
 furnished, and npon the ])roclamation of tiie Governor, 
 it shall be tlie duty of the commandant of each regiment 
 to assemble within tliirty days, upon the regimental mus- 
 ter ground, all of his command, and make a call for vol- 
 unteers pursuant to, and in acccudance with the said 
 proclamation, and if any regiment in the State shall neg- 
 lect, refuse or tnil to tender their quota of volunteers as 
 required by said proclamation ; upon such call, then the 
 Governor is hereby authorized and required to order a 
 draft from such regiment as retiise or neglect to tender 
 the requisite number of officers, non-commissioned officers 
 and ])rivates, each captain's company being credited with 
 the number already in tlie service: Provided^ That no 
 volunteer who has served out his time'shall he subject to 
 said diatt, and provided further that no captain's district 
 shall be subject to such draft, which has furnished in vol- 
 unteers in the State troops or twelve months" volunteers, 
 its full quota of men according to white population, nor 
 shall men be drawn from any district more than shall be 
 8iifficieut,when adiled to the volunteers from such district, 
 to make its full quota: And provided, finihor, That it may 
 be lawful for anyone so dralted to tender to the commander 
 of the regiment a substitute for himself if he desires so to 
 do, and if said substitute is received by said commander, 
 the individual dratted shall be excused from going into 
 actual service. 
 
 Sec. 09. That the term of service for each person so 
 drafted shall be twelve months, unless sooner discharged 
 by the order of the connnander-in-chiefAand no person 
 having served as a drafted soldier shall be liable to a 
 second term of service until all the requisitions have been 
 called into service, except in cases of insurrection or invas- 
 ion, or such circumstances of imminent peril as in the 
 discretion of the Governor may render a general call upon 
 the militia necessary. 
 
 Sec. 70. That upon any call upon tlie drafted militia, it 
 
26 
 
 shall be lawful for the Governor to command any of the 
 eompany officers, not volunteers, to make up a company 
 ©t the same and lead them int ; the service. 
 
 Sec. 71. That during the existing war with the United 
 States or any future war, the Governor of the State be and 
 he is hereby authorized to keep in the service of the Con- 
 federate States, thirty regiments of soldiers, or so many as 
 may be required by that government. Each regiment 
 which has not been already organized shall conform its or- 
 ganization in all respects to tlie rules and regulations of 
 the Confederate States, as to the number and kind of offi- 
 cers, non-commissioned officers and privates which it may 
 contain; and the Governor shall have power, when the same 
 is practicable and deemed expedient by him, to cause the 
 organization of other regiments and corps already in the 
 field, or in process of organization, to conform to the said 
 rules. That the said additional regiments shall be com- 
 posed of infantry, riflemen or artillerists as the Governor 
 may determine, and he shall have power to cause the same 
 to be armed and equipped and also supplied, until he shall 
 deem them })repared to enter the service of the Confederate 
 States, and shall then tender them for such service ; and 
 all sums of money necessary for that purpose, he shall 
 have power to draw from the public treasury : Provided^ 
 It shall be the duty of the Governor to make arrangements 
 at the earliest practicable day, with the Confederate States, 
 of America to arm, equip and subsist such troops as may 
 be raised for the service of the said Confederate States 
 while being organized for such service, at the expense of 
 said Confederate States, under such rules and regulations 
 as may be prescribed for the government of the Confederate 
 army ; Provided farther^ That the troops known as "State 
 Troops" shall be numbered as a separate corps and from 
 one up successivel}' according to the date of the organiza- 
 tion of each regiment, and the troops known asVoluntcers, 
 shall be numbered in like manner as a separate corps. 
 
 Ssci. 72. Said troops shall be raised by voluntary en- 
 listment either for the war or for terms of not less than 
 twelve months, to begin from the date of the election of 
 field-officers by the regiment: Provided, The Confederate 
 Governraentcontinues to receive into service volunteers for 
 a time less than the continuance of the war. And all such 
 volunteers when tendered (or service to the Governor, may 
 be accepted by him in companies or in numbers less than 
 
27 
 
 a company, if he shall deem the same expedient, and when 
 8f> accepted they shall be deemed in the service of the State, 
 gliall be sul)ject to the orders ©f their superior officers and 
 to the rules and articles of war adopted by the goveruiiient 
 of the Confederate States; and when received in numbers 
 less than a company, they may be consolidated as to form 
 companies, and shall be paid from the date at which they 
 were accepted. 
 
 Sec. *73. When any such company is accepted or formed, 
 it may proceed to elect itf^ commissioned officers, and as 
 in tliis act provides for tlie militia, and the persons so 
 elected shall be commissioned by the Governor. And the 
 Governor shall have power to organize such companiet 
 into regiments, the commissioned officers of which shall 
 then be entitled to elect their field-officers, who shall then 
 be commissioned accordingly ; and such staff-officers as 
 may be requisite for any such regiment, and which are 
 not by the laws of the Confederate States to be appointed 
 from the line thereof, together with one chaplain lor each, 
 shall be appointed by the Governor, subject to the appro- 
 val of the Confederate Government, if it retains the right 
 to appoint the same. And all vacancies among the officers 
 by death or otherwise sliall be filled in the same manner 
 as is herein provided for their original appointments. 
 
 Sec. 74. The Governor is hereby authorized to compl-ete 
 the organization of tl^o troops heretofore known as 
 "State Troops," and composed of infantry, artillery and 
 cavalry, and which have not yet been transferred to the 
 Confederate Government, according to the terms of an act 
 entitled "An act to raise ten thousand State troops," and 
 to transfer the same when organized to the said govern- 
 ment, and to add five companies to the corps of heavy 
 artillery for coast defences and engineers ; and the said 
 corps shall hereafter be knownas the regiment of artillery, 
 with such number among the "North-Carolina Troops," 
 together with an additional regiment of infantry, as may 
 be given it. Anc all vacancies occurring among the com- 
 missioned, officers of said regiments or corps of State 
 Troops, after the passage of this act, shall be filled as here- 
 tofore by the appointment of the Governor. 
 
 Sec. 75. Should the number of troops herein provided 
 be less than the quota of this State in any force called for 
 by the Confederate Government, the Governor is then au- 
 thorised and required to raise such additional force in the 
 
28 
 
 same manner as is herein provided, and should the nurri- 
 her of volunteers offering be inadequate to that purpose 
 he is hereby empowered to cause a draft to be made from 
 the militia to make up such deficiency in such manner as 
 is herein provided. 
 
 Sec. 76. All non-commissioned officers and soldiers for 
 the war shall receive from the State, when mustered into 
 service, a bounty each of fifteen dollars, and those for a 
 shorter period a bounty of ten dollars, over and above their 
 outfit for service ; but the regular pay ofall officers and 
 Holdiers shall be supplied by the Confederate Government, 
 unless wliere they are retained in the service of the State, 
 in which case they shall be paid by the State, and in like 
 amount ; and as the Confederate government pays to each 
 soldier a fixed amount ^jer annum in lieu of clothing, the 
 Governor, by the assent of said government, is hereby au- 
 thorized to receive the amount thus allowed, if practicable, 
 and to pay the same into the public treasury, to the 
 end that the same may be expended under his di- 
 rection in })roviding suitable clothing for said troops, to- 
 gether with such additional sum as may be needed to sup- 
 ply the same. 
 
 Sec. 77. The Governor is hereby empowered to give 
 temporary ai)pointnients to such officers, diill masters, 
 agents, etc., at the several camps which it may be neces- 
 sary to establish for troops, as in his judgment may be 
 needed, who shall receive such compensation as shall be 
 fixed by him, and whose appointments shall cease when 
 in his opinion their services can be dispensed with; and he 
 may also, when he deems it necessary^ appoint in the same 
 way drill masters for regiments, &c., going out of the 
 State. 
 
 Sec. 78. All military officers having tlic charge of 
 money or property beh)nging to the State shall make a 
 quarterly return of the same to the adjutant general, in 
 such form as he may prescribe and also any other returns 
 or reports which he may require ; which returns shall be 
 carefully examined by him and the accounts passed upon 
 and adjusted for settlement, and any balances due to such 
 officer shall be paid to him at the ti-easury upon the war- 
 rant of the Governor, and any sum due to the State shall 
 be promptly paid into the treasury. All said returns shall 
 be made within twenty days after the expiration of the 
 (juarter, and any officer failing to make the same in one 
 
29 
 
 month after the expiration of such quarter, or to vsettlo up 
 his accounts when required to do so and pay any bahvnet 
 due by hiin on account for any pro})t'rty for which he 
 ought to ncconnt, shall bedismivssed by the Governor un- 
 less Hutficieut excuse is rendered for such failure or de- 
 fault. 
 
 Sec. 79. Every disbursing officer in the military ser- 
 vice of the State shall before entering upon the discliirge 
 of his duties as such, give a bond payable to the (State of 
 North Carolina, with two or more sufiicient securities, in 
 the ])enal sum of not more than ten nor less than three 
 thousand dollars, which bond Siiall be subject to the ap- 
 proval of the Governor, and lodged for safe keci)ing with 
 the adjutant general, and shall be conditioned for the 
 faithful j)erforinance of such oflicer's duty, and for any 
 breach of the same shall be put in suit for the benefit of 
 the State by order of the Governor. 
 
 Sec. 80. All foimer disbursing ofhcers who shall not 
 have closed their accounts and had the same settled prior 
 to the 20th of August 18G1, shall make settlement of the 
 same with the adjutant general, as is herein before pro- 
 vided, and should they fail to do so, their bonds shall be 
 put in suit in like manner as above ; this provision shall 
 not extend to such accounts as are. to be settled by the mil- 
 itary secretary as provided by an ordinance of the Con- 
 vention; and all officers having juiblic pro])erty of every 
 kind and description which shall be in his hands, 
 who shall go out of office on the 20th of August or before 
 or after that time, shall account for and deliver such prop- 
 erty to the adjutant general, and failing to d(» so shall be 
 liable to bo sued in the name of the State ; and all suits 
 at law which it may be necessary to pi'oseeute under this 
 act for the State, may be brought in the Su})erior C/ourt of 
 Wake County. 
 
 Sec, 81. It shall be the duty of the surgeon-general 
 to provide all necessary nu'dical stores, surgical instru- 
 ments, ii-c, for troops h-aving and serving out of the 
 State, and for all hosjdtals ;uid places for the sick in thin 
 State, or for such ol" our troops as nuiy be sent back to 
 this State because of sickness or casualties in battle ; 
 establishing such rules and regulations for such hospitals 
 as he may deem best, and such rules and regulations for 
 the medical officers attached to our troops a1)road as may 
 be consistent with their duties to and the laws (»f the 
 
30 
 
 Confederate States, all to be subject to the Governor' « 
 approval ; and in all other things to exercise such powers 
 and perform such duties as belong to and are periormed 
 by surgeons-general in the military service. 
 
 Sec. 82. The Governor shall appoint for each regiment 
 going into the service of the Confederate States, one sur- 
 geon and one assistant surgeon, if the same be allowable 
 by the laws of the same, and if not, then he shall deaig- 
 ■nate such persons as he deems suitable, to the Confederate 
 Government, and ask for their appointment by the same \ 
 and when appointed they shall have such rank and pay 
 as may be allowed by the laws of the Confederate States, 
 payment for their services to be made by the Confederate 
 Government and not by the State. And the Governor 
 shall also have power to appoint such post surgeons and 
 assistants as may be deemed necessary at military hospi- 
 tals, encampments or places of rendezvous for troops 
 Avhile in the State ; ad such appointments to be of a 
 temporary character, and subject to be dispensed with by 
 the Governor, whenever in his opinion the services of 
 any such are no longer needed ; but while in service they 
 shall be paid the same salary as similar officers are paid 
 in the service of the Confederate States. 
 
 Sec. 83. That in order to promote a proper militar;? 
 spirit and pride, each regiment or corps now in service or 
 hereafter called into the service, shall be allowed to place 
 upon its colors the name of each battle in which it may 
 have been present and under fire. 
 
 Sec. 84. It shall be the duty of the Governor to dispo:=w 
 of any property of this State promised or on hand for thfe 
 defence of the same, or which may hereafter be on 
 hand, whenever the same shall in his opinion, be no long- 
 er needed, either by sale to the Confederate Government 
 or to others, and the proceeds thereof he shall place in the 
 public treasury. 
 
 Sec. 85. If the Cont\'derate Government shall fail t/O 
 provide for the defence of this State and especially of itH 
 coast defences, the Governor shall continue to provide for 
 the same, and shall have power to keep in the service of 
 the State such of the troops, herein provided for, as in hi"* 
 opinion are necessary for that purpose. 
 
 Sec. 86. That in addition to the troops herein provided, 
 there shall be raised eight regiments of volunteers as here- 
 in provided, as a reflerve, to be commanded by one major- 
 
31 
 
 general and two brigadier-generals, should the Governor 
 choose so to direct.said regiments to be placed at once m suit 
 ablecamps for instruction,to be furnished ahatorcap, coat, 
 
 pants, Khoes and bUinket, and kept in camp three m.mths, 
 Each non-corami3Hioned officer or soldier U) be paid ten dol- 
 lars when his regiment in formed. Should additional troopi 
 be required by the Confederate States, these sliall be trans- 
 ferred as already directed for the thirty regiments, and 
 the money paid them shall be charged against their 
 bounty, and a new reserve of eight regiments be at once or- 
 ganized, and so on till a reserve of eight regiments, raised 
 by draft if necessary, shall be left in the Slate with thre« 
 months' instruction in camp. They shaV. then be dismi^- 
 Bed to their homes, with half pay from tiie time ot their en- 
 rolment and a hat or cap, coat, pants, shoes and blanket. 
 They shall be subject to the call of the Governor for any 
 service, during the time for which they enrolled, and 
 when called out, shall present themselves with the ch- 
 thing above named : Provided, however, That the power 
 granted in this section shall only be exercised in case ot 
 war, insurrection or threatened invasion. 
 
 Sec 87. There shall beorganized a regiment of arullerr 
 in the militia of the State, which shall consist ot such 
 companies as may now, or hereafter, be raised in the sev- 
 eral counties of the State, not to exceed ten in number, lo 
 include both horse and foot artillery. The tield-officeri 
 shall be elected as the officers of other regiments, and 
 the regiments shall be under like command and control 
 aa other regiments. 
 
 Sec. 88. Any citizens may form volunteer corapanieF, 
 with the number of officers, non-comraisnione 1 officers, pri- 
 vates, &c., fixed inthis bill, and form part of the railitia re- 
 giment in any county, and be governed by their oAn by- 
 laws, not inconsistent with this act. 
 
 8s)C. 89. That upon the delivery of arms to any com- 
 pany of militia of volunteers, it shall be the duty of tho 
 commandant of the regiment delivering the same, to take 
 a receipt, describing the arms, from the captains of said 
 company, and the captain shall take such a receipt from 
 each of the men receiving arms, all of which receipts shall 
 be returned to the clerk of the county court, and the 
 receipts thus taken and filed shall relieve said command- 
 ftot and captain from the responeibility : Provuled, 
 
^ 32 
 
 That it shall be the duty cf the commandant of each com- 
 pany to require the arms thus delivered to the men to 
 be exhibited at each drill, and if the arms are not so 
 exhibited, or the said commandant shall have reason to 
 believe said arms to be lost or disposed of unlawfully, 
 he shall at once make the same known to the county 
 attorney, who, u{)On notice issued against the person 
 destroying- or unlawfully disposing of his arms, shall 
 recover a judgment for the full value of said arms, witli 
 costs. 
 
 Sec. 90. That it sliall be the duty of any <mo of the 
 field officers of a regiment, or the oldest captain, should 
 there be no field officer, upon complaint on oath made by^, 
 any responsible person, that there are unlawful assem- 
 blies within his command, or danger of insubordination 
 amongst slaves, to detail a military patrol, designating 
 their duties, and requiring the officer commanding the 
 said patrol to report to him how he has discharged his 
 duty ; and the said patrol shall deliver all persons detec- 
 ted in the violation of the law to the civil magistrates for 
 the examination of the charges made against them. 
 
 Sec. 91. Should any doubt arise under this act, as to its 
 meaning or intention, or should any question arise not 
 (Xivered by this law, the Governor is authorized to decide 
 any and all such questions according to the laws, articles 
 of war and regulations of the Confederate States, and 
 where they do not apply, according to his judgment: and 
 any sucli decision announced in general orders shall havc 
 aU the force of law, until repealed by law. 
 
 Sec. 92. Any commissions now or that luay be recordcel 
 in the office oi' the adjutant -general shall be in force, and 
 no others, under this act, although the numbers of the regi- 
 ment may have been changed by this act. All process 
 directed to be issued by this act shall be issued in the 
 name of tlie State. 
 
 Si;o. 93. That upon the passage of this act it shall be 
 the duty of the adjutant-general to cause to be printed 
 twflve hundred copies of this act, and have the same dis- 
 tributed among the militia officers of the State. 
 
 Sec. 94. This act. shall be in force from and after it« 
 raiitication, and all acts coming in conflict with the pro- 
 visions of this act are lieriiby repealed. 
 
 Read three times and ratified in General Assembly, thii 
 ■10th day of September, J. X*., 18G1. 
 
 N. N. FLEMINa, S. H. C. 
 HENRt T. CLARK, S, S. 
 
penmAliPe* 
 
 pH8.5