THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. How recovered. SEC. 17. All fines imposed by a court martial, as well as by the by-laws of any vol- Fines. unteer company or troop, may be sued for and recovered before any Justice of the Peace, in the name and for the use of the said company or troop, if the amount be within his jurisdiction, or in the case of a field or staff officer, in the name of the brigadier general of the county, for the use of the battalion, squadron, division, regiment, or brigade to which he belongs. There shall be no stay of execution on a judgment rendered for Execution. such a fine, but the same shall forthwith be issued. [If any officer or soldier in the Chap. 429. vol. 17. military service of the State of Delaware shall neglect or refuse to pay the fines imCollection of posed upon him by sentence of a court martial, such officer or soldier may be brought fines, &c. before a court martial and tried for the same as an offense perjudicial to good order and military discipline, and, if convicted, shall suffer such punishment as said court martial Punishment. may inflict; but that no commissioned officer shall be cashiered, except by the sentence of a general court martial appointed by the Governor of the State, and no enlisted man who shall be sentenced to be dishonorably discharged the service by sentence of a court martial otherwise appointed shall be so discharged unless such sentence be first approved by the Governor of the State.] SEC. 18. The said volunteer companies or troops, when they, or any part thereof, Rules of war, shall be called into actual service by the authority of this State, or of the United States, shall be governed by the rules and articles of war and the regulations established for the government of the army of the United States. Companies dis SEC. 19. In case any company, or troop, to be raised under the provisions hereof, shall not, in one year from the appointment of its officers, contain at least twenty-five banded. enlisted men, or shall be reduced under that number and so remain for six months thereafter, such corps shall be deemed to be disbar.ded, and its arms and accoutrements shall be returned to the * * * officer having charge of the arms for the county to Return of arms. which such corps belongs. In case such arms and accoutrements be not returned, upon the order of the Governor, * * * to the officer aforesaid in proper order and condition, Chap. 429, vol. 17. the officer who gave bond with respect thereto shall be liable thereon; but the arms shall not be demanded from any company, or troop, except as specified by this section. SEC. 20. If any officer or soldier, belonging to any company or troop aforesaid, be Care of wounded. wounded or disabled in the service of the State when called out into such service, he shall be taken care of and provided for at the public expense, and fair compensation allowed him for his time and injury; if killed, his family shall receive a pension ac- Pensions. cording to his rank, as regulated by the pension laws of the United States. If any horse shall be taken into the service of a company, or troop, the same shall be ap- Horses appraised praised by the officer in command and two citizens, before the time it is actually used in such service, and the appraisement entered in a book by the officer who assists in making the same; and in case such horse shall be killed, disabled, die or be taken by the enemy, the owner shall be paid his full value; provided the loss has not happened by the neglect or improper conduct of the owner or his servant; and for the use of every such horse a fair compensation shall be made. Loss of compensation. Chap. 429, vol. 17. SEC. 21. It shall be the duty of the Adjutant General to distribute *** all orders from the Governor, to attend all reviews under this act, to obey all orders relative to carry- Adjutant general ing into effect and perfecting the system of military decipline thereby, and to make all Duty of the returns and perform all the duties required of him by the rules and regulations of the army of the United States, and for which he shall receive an annual salary of two Annual salary. hundred dollars. [The Quartermaster of each county shall make return to the Quarter- Chap. 429, vol. 17. Returns by master-General, in such form as he may direct, of all quartermaster, commissary ordiQuartermaster. nance stores in his custody or under his control, in order that the said Quartermaster Proceeds; how disposed of. Report. Chap. 429, vol. 17. Bond. Firearms. Troops. For war. To keep the peace. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. such terms as the Governor may approve of, and the money received from such sale or sales shall be applied to and expended for the use and benefit of the militia of the State under the direction of the Governor of the State, in such manner and for such purposes as shall best promote the efficiency of said militia. Said Quartermaster-General shall report biennially to the Governor all moneys so received and distributed, to be by the Governor reported to the general assembly at its next session.] SEC. 13. Each [Quartermaster] before he enters upon the duties of his office, shall give bond to the State, with sufficient surety, to be approved by the Governor, in the sum of one thousand dollars, conditioned for the faithful performance of said duties; which bond the Governor shall immediately forward to the Secretary of State to be filed in his office. Bond and security shall also be given in the name of the State, by all officers to whom arms or accoutrements are delivered, for their safe return in proper order and condition. * * * SEC. 14. When it may be necessary to use any military force for public defense How called out. against foreign or domestic violence, the Governor shall have power, according to the emergency, to call out any volunteer companies or troops, or any part thereof, for that purChap. 429, vol. 17. pose; and the sheriff of any county, may by a written order, addressed to the captain or commanding officer of any company, or troop, or the major of any battalion, or colonel of any regiment, within the county, require the aid of such company, troop, battalion, or regiment for the suppression of a riot and the protection of the peace of the county. For every day's and night's service, whilst on such duty, the Levy Court of the county wherein the service is required shall allow each non-commissioned officer and private one dollar, and the commissioned officers two dollars each, besides all necessary expenses. The mayor of the city of Wilmington may, in like manner, call upon the volunteer force of said city, or upon the commanding officers of any company or troop in New Castle county, to aid in the suppression of a riot and in the preservation of the peace of said city; and all pay and expenses thereby incurred shall be paid by said Chap. 429, vol. 17. County Quarter- city and not by New Castle county. [And on all such occasions the quartermaster of master to furnish the county shall furnish the necessary transportation, camp and garrison equipage, commissary and ordinance stores as may be required.] How paid. Wilmington. transportation, &c. call. Fines. SEC. 15. All such requisitions of military force shall be made known to the forces, Failure to obey whose services are required, by the commanding officer thereof; and upon refusal of those notified to attend the summons and perform the duty required, they shall be fined as follows: each non-commissioned officer, or private, not less than thirty nor more than one hundred dollars, and each commissioned officer, not less than one hundred nor more than one thousand dollars, as the court martial shall in all such cases determine; and furthermore the commission of a commissioned officer shall become void. Forfeiture. Bad conduct. Fines. SEC. 16. Any commissioned officer who shall be guilty of disorderly, disobedient, or any unmilitary conduct, at any time when on duty, shall be put under arrest by the commanding officer, and tried by a court martial, and fined in any sum not exceeding fifty dollars, or he may be cashiered; if a non-commissioned officer, or private, shall be so guilty, he may be disarmed and put under guard, and fined at the discretion of the court martial, not less than two nor more than ten dollars; and for the purposes of this section, officers and soldiers of the militia shall be considered on duty whenever in the headquarters or armories of their regiment or companies. [Any officer or soldier Chap. 429, vol.17. cashiered or dishonorably discharged from the military service of this State shall be incapable of holding any office of honor, trust or emolument created by or existing under Disqualificaand by the authority of the State af Delaware.] tions. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. How recovered. Collection of SEC. 17. All fines imposed by a court martial, as well as by the by-laws of any vol- Fines. unteer company or troop, may be sued for and recovered before any Justice of the Peace, in the name and for the use of the said company or troop, if the amount be within his jurisdiction, or in the case of a field or staff officer, in the name of the brigadier general of the county, for the use of the battalion, squadron, division, regiment, or brigade to which he belongs. There shall be no stay of execution on a judgment rendered for Execution. such a fine, but the same shall forthwith be issued. [If any officer or soldier in the Chap. 429. vol. 17. military service of the State of Delaware shall neglect or refuse to pay the fines imposed upon him by sentence of a court martial, such officer or soldier may be brought fines, &c. before a court martial and tried for the same as an offense perjudicial to good order and military discipline, and, if convicted, shall suffer such punishment as said court martial Punishment. may inflict; but that no commissioned officer shall be cashiered, except by the sentence of a general court martial appointed by the Governor of the State, and no enlisted man who shall be sentenced to be dishonorably discharged the service by sentence of a court martial otherwise appointed shall be so discharged unless such sentence be first approved by the Governor of the State.] SEC. 18. The said volunteer companies or troops, when they, or any part thereof, Rules of war. shall be called into actual service by the authority of this State, or of the United States, shall be governed by the rules and articles of war and the regulations established for the government of the army of the United States. Companies dis SEC. 19. In case any company, or troop, to be raised under the provisions hereof, shall not, in one year from the appointment of its officers, contain at least twenty-five banded. enlisted men, or shall be reduced under that number and so remain for six months thereafter, such corps shall be deemed to be disbar.ded, and its arms and accoutrements shall be returned to the which such corps belongs. * the order of the Governor, * * * officer having charge of the arms for the county to Return of arms. In case such arms and accoutrements be not returned, upon * *to the officer aforesaid in proper order and condition, Chap. 429, vol.17. the officer who gave bond with respect thereto shall be liable thereon; but the arms shall not be demanded from any company, or troop, except as specified by this section. SEC. 20. If any officer or soldier, belonging to any company or troop aforesaid, be Care of wounded. wounded or disabled in the service of the State when called out into such service, he shall be taken care of and provided for at the public expense, and fair compensation If any allowed him for his time and injury; if killed, his family shall receive a pension ac- Pensions. cording to his rank, as regulated by the pension laws of the United States. horse shall be taken into the service of a company, or troop, the same shall be ap- Horses appraised praised by the officer in command and two citizens, before the time it is actually used in such service, and the appraisement entered in a book by the officer who assists in making the same; and in case such horse shall be killed, disabled, die or be taken by the enemy, the owner shall be paid his full value; provided the loss has not happened by the neglect or improper conduct of the owner or his servant; and for the use of every such horse a fair compensation shall be made. Loss of compensation. SEC. 21. It shall be the duty of the Adjutant General to distribute * * * all orders from Chap. 429, vol.17. the Governor, to attend all reviews under this act, to obey all orders relative to carry- Adjutant general ing into effect and perfecting the system of military decipline thereby, and to make all Duty of. the returns and perform all the duties required of him by the rules and regulations of the army of the United States, and for which he shall receive an annual salary of two Annual salary. hundred dollars. [The Quartermaster of each county shall make return to the Quarter- Chap. 429, vol. 17. Returns by master-General, in such form as he may direct, of all quartermaster, commissary ordiQuartermaster. nance stores in his custody or under his control, in order that the said Quartermaster eral to make returns. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. If any General may lay the same before the Governor, that he may be informed of the effective force and condition of the military department of the State, and that the same may be transmitted to the General Assembly at its sessions. The Inspector-General shall make Inspector-Gen- such annual and other inspections of the troops and the property in their charge and in the charge and custody of the Quartermaster-General and County Quartermasters as may be ordered by the Governor, and of his proceedings make due return. officer refuse or neglect to perform the duties required of him by this section he may be fined, at the discretion of a court martial, in any sum not exceeding twenty dollars.] SEC. 22. The Governor may review the volunteer forces of this State at his pleasure, and the ranking officer, in command of the troops, shall inspect all the troops under his command at least once a year, and report the result of such inspection to the Adjutant General. Penalty. Reviews. Courts martial. Approving sentence. Charges. SEC. 23. The Governor shall appoint courts martial for the trial of all officers above the rank of first lieutenant; and the ranking officer in command of troops shall appoint them for the trial of lieutenants, agreeably to the rules established by Congress. It shall be the duty of every officer who shall appoint a court martial to approve or disapprove its sentence, and at the time of such appointment he shall appoint a Judge Judge advocate. Advocate, whose duty it shall be impartially to state the evidence for and against the party on trial, and to take accurate minutes of such evidence and all the proceedings of the court, all of which, together with the judgment of the court, he shall transmit, under seal, to the officer whose duty it is to approve or disapprove such judgment. Every officer put under arrest, or suspended from command, shall have a copy of the charges exhibited against him ten days before the sitting of the court; and in case any officer, for the trial of whom a court martial shall be ordered, shall neglect to appear and make his defense, he shall be deemed by the court guilty of the charges, and sentenced accordingly, unless he was prevented by sickness or unavoidable accident, which shall be made appear to the satisfaction of the court. The officer ordering a court martial shall in such order state the time at which it shall convene, and in cases where a vote is required for decision the youngest member in commission shall vote first. All persons shall be held to appear and give evidence before such courts, under the same penalties as witnesses summoned by a justice of the peace. If any subaltern or private shall omit to serve on a court martial, when Neglect to serve. duly notified, he shall be fined, if a subaltern, four dollars, and if a private two dolFines. lars, unless excused by the commanding officer of the company. Default. Time. Witnesses. Chap. 429, vol. 17. for trial of enlisted men. sentence. [SEC. 24. Courts martial for the trial of non-commissioned officers and privates shall be appointed by the commanding officer of the regiment, battalion, squadron, battery or post, but said courts martial shall not have the power to dishonorably discharge from the service of the State any enlisted man without the approval of the Governor of the Confirmation of State, nor to impose a fine of a larger amount than ten dollars, nor order any imprisonment to exceed ten days, and at such courts martial no person shall be excused unless it be made to appear satisfactorily to the court, by the testimony of a credible witness, that he was prevented by sickness of himself or family, or such other unavoidable circumstances as demanded his personal attention.] [Every non-commissioned officer Chap. 18, vol 18. and private against whom charges are preferred, shall be furnished with a copy of the charges and specifications against him, at least ten days before the time officers and pri- fixed for the hearing of the same, and in case any non-commissioned officer or copy of specifi- private to whom a copy of the charges and specifications against him shall be so furnished and who shall have been duly summoned, shall neglect or refuse to appear and make his defense he shall be deemed by the court guilty of the Non-com missioned vates furnished cations and charges. Neglect or re THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP. 25, VOL. 17. when summoned charges and specifications and shall be sentenced accordingly, unless he be prevented fusal to appear from attending as in this chapter is elsewhere provided. The provisions of Section 23 deemed guilty. of this chapter in relation to the attendance of witnesses shall be applicable in the case of court martials held for the trial of non-commissioned officers and soldiers. The presiding officer of any court martial shall have authority to administer oaths and affirThe presiding mations to witness, and to issue under his hand in the name of the State directed to officer to adminany sheriff or constable of the State whose duty it shall be to serve or execute the same, all necessary summons, smbpoenas, warrants and commitments.] ister oaths and issue summons, &c. SEC. 25. Each member of a court martial shall, before he proceeds to his duty, take Oaths, sworn. SEC. 26. That all officers, known as commissioned officers, elected and appointed Commissioned under the authority of this chapter, shall, before entering upon the duties of their sev- officers to be eral offices, take and subscribe an oath to faithfully perform the duties of their respective offices in the following form, viz: to support the Constitution of the United States, and the Constitution and Laws of the Sworn and subscribed before me this day of 18-. This oath may be administered by any officer of this State now authorized by law to By whom administered. administer oaths, or by any general or field officer who may have previously sworn and Filed with Secresubscribed to the same. A copy of the said oath shall be filed with the Secretary of tary of State. State. be sworn. SEC. 27. That all persons enlisting in the militia service of the State of Delaware Enlisted men to shall enlist for the term of three years, and shall immediately upon such enlistment take and subscribe an oath in the following form, viz: STATE OF DELAWARE, County, ss. I, of this Form of oath. do hereby acknowledge to have voluntarily enlisted [or re-enlisted] day of 18, as a soldier in the volunteer militia of the State of Delaware, for the period of three years, unless sooner discharged by the proper authority, and do also agree to accept from the State of Delaware such bounty, pay, rations and clothing as are or may be prescribed by law, and I, do solemnly swear [or affirm] that I will bear true faith and allegiance to the State of Delaware, and that I will obey the orders of the Governor of the State of Delaware and the orders of the officers appointed over me according to the laws of the State of Delaware. Sworn and subscribed before me this day of -(SEAL) 18-. |