ments; each Regiment to be commanded by a Colonel commandant, and to be composed of two Battalions the first of which shall be commanded by a Lieutenant Colonel; the second Battalion by a Major: Each Battalion shall consist of not less than two, not more than five companies; each company shall consist of not less than forty privateș, and shall be commanded by a Captain, Lieutenant and Ensign, four Serjeants, four Corporals, and two Musicians.

Sec. 3. The Regiments shall be designated and numbered as follows Regiments viz: The county of Jackson, number one; the county of Madison, number two and three; the county of Limestone, number four and five; the county of Cotaco, six; the county of Lawrence, seven and eight; the county of Franklin, nine; that part of Lauderdale county lying east of Shoal creek, shall compose regiment number ten; and that part lying west of Shoal creek, shall compose regiment eleven, St. Clair, twelve ; Shelby, thirteen; Blount fourteen ; Jefferson, fifteen; Marion. sixteen; Tuscaloosa, seventeen and eighteen; Greene, nineteen, Marengo, twenty; Cahawba, twenty one; Dallas. twenty two; Autauga, twenty three; Montgomery, twenty four: Henry, twenty five; that part of Monroe lying east of the Alabama river, shall compose the twenty sixth regiment, and that part lying west of the Alabama, shall compose the twenty seventh regiment; Conecuh, twenty eight; Butler, twenty nine: Clarke, thirty; Washington, thirty one; Perry thirty two. The northern regiment of Madison shall be the second regiment; the southern regiment of said county shall be the third regiment; the eastern regiment of Limestone, shall be the fourth regiment; and the western regiment of the said county shall be the fifth regiment; the northern regiment of Lawrence shall be the seventh regiment; and the southern regiment of said county shall be the eight regiment; and the line between the fifth and sixth townships shall be the dividing line of said regiments.

how elect

ed.

cers.

Major and Sec. 4. Major Generals shall be elected by all the commissioned Brigadier officers in the Division; Brigadier Generals shall be elected by all the Generals commissioned officers in their respective Brigades: Field officers shall be elected by all free white males over the age of eighteen years in Field offi- their respective regiments: captains and subalterns by all free white males over the age of eighteen years in their respective companies. Plattoon All malitia officers may hold their commissions during good behaviour: none shall resign under two years, unless permitted to do so by a court To hold martial; the President of which shall be of equal rank with the officer appointm't wishing to resign, under the penalty of being inelligible to any military appointment for the next succeeding two years. And in case any military officer may become a candidate at any election for a superior of Writ of e- fice, and not be elected, his place sl.all not be vacated thereby.

officers.

two years.

lection' for

ficers

Sec. 5. From and after the passage of this act, when any election general of- shall be holden for a Major General, or a Brigadier General, it shall be the duty of the Executive to appoint the time of holding the same, giving not less than sixty days, nor more than eighty days notice for the election of a Major General; and not less than forty days, nor more than sixty days notice for the election of a Brigadier General. Returning Sec. 6. The Governor, upon issuing a writ of election for Major General, or Brigadier General, to the Sheriffs residing in said division or brigade, shall determine on one of the said Sheriffs to whom the other Sheriffs of the said division or brigade shall immediately, upon the close of the polls, make their returns; and the Sheriff receiving the said returns, shall within four days, transmit to the Secretary of the State, a correct voll of said election.

officer.

Sec. 7. The officers of the regiment in the division, or brigade, Election shall vote at their respective court houses, or places of holding court, whereheld in each county.

Sec. 8. In elections for Major General, or Brigadier General, if any Election candidate be dissatisfied, he may notify the Governor, and the contend- how coning candidate, that he intends to contest said election; and shall file tested. his reasons therefor, in the office of the Secretary of State, within twenty days after said election; whereupon the Governor shall, forthwith, issue his order to the Adjutant General, directing a general court martial to be holden, to consist of not less than seven, nor more than thirteen officers of the divisions or brigades, which shall have power to decide; the President of which shall be of equal grade, with the office for which the candidate may contest the election.

and Quar.

Sec. 9. The Adjutant and Quarter-master Generals shall be elected by joint vote of both houses of the General Assembly, and shall hold Adjutant their offices for the term of four years: Provided, That the Governor ter Master shall have power to fill any vacancy that may occur in the recess of Gen. how the General Assembly, by appointments to expire at the end of the elected. next session of the General Assembly: Provided also, That at the first election for general officers under this act, the officers elected shall be Rank how commissioned under the same date, and draw for rank; and at all elec- ed. tions thereafter, the officers shall take rank from the dates of their commissions.

determin

Sec. 10. The Major Generals shall have power to appoint an AssistMaj. Gen ant Adjutant General to their respective divisions, whose duty it shall appoint be to receive returns of the strength and condition of the militia from staff. the Brigade Major, consolidate the same, and make out three fair copies thereof, lay them before the Major General for his inspection, and transmit annually two copies thereof to the Adjutant General of the State, and retain the other copy in his own office. It shall also be his duty to make all details (in pursuance of orders from the Major His duty. General) on the different brigades of their respective divisions, and keep a fair register of all the general orders and official acts of the Major General, and lay the same when required, before any tribunal, before which a Major General may be tried on any charges exhibited against him. The Major General shall appoint two Aids-de-Camp, who shall have the rank of Major, and perform such duties as are per formed by Aids of Major Generals in the army of the United States.

Aids de camp.

Duty.

Sec. 11. Brigadier Generals shall appoint their brigade staff, which Brig. Gershall consist of a Brigade Major with the rank of Major, an Aid-de- eral's aids. Camp with the rank of Captain, and a Brigade Quarter Master with the rank of Captain. It shall be the duty of the Brigade Major to attend Brigade regimental drills when ordered by the Brigadier General, and drill the major. officers in conformity with the rules and regulations of the infantry of the United States, to receive from the Adjutants of regiments, returns of their strength and condition, consolidate the same and make three fair copies, which shall be submitted to the Brigadier General for his examination; two of which copies he shall annually transmit to the Adjutant General of the division to which his brigade may belong, retaining the other in his office. It shall also be his duty to make all details, in pursuance of orders from the brigadier general) on the respective egiments of his brigade, and keep a fair register of all general orders, aid official acts of the Brigadier General, and lay the same before any tribunal, before which the Brigadier General may be tried on any charges alleged, when required to do so. It shall be the duty of the

camp.

Brigade

Mids de aids-de-Camp fo perform such duties as are performed by Aids of Bri gadier Generals in the army of the United States. Brigade Quarter Masters shall take charge of all public stores committed to their care; and perform all other duties required of Assistant Quarter Masters General in the service of the United States.

r. Mast

Assistant

Sec. 12. The Assistant Adjutant Generals and Brigade Majors shal djutant & receive the sum of five dollars for each day they may be engaged i.. wrigade qe, the discharge of their respective duties, to be paid out of any money at's in the Treasury, not otherwise appropriated, on the certificate of the jon. commanding officer.

naster's

Lapest

Sec. 13. Major Generals may review any corps of their division, when they may think proper: Provided, they shall not convene by Reviews. special order any troops for that purpose. Brigadier Generals shall review the different regiments of their brigades, once in each and every Duties of year. Major Generals, or officers commanding divisions, shall receive Maj. Gen. and execute all orders from the Governor, Brigadier Generals, or offiBrig. Gen.cers commanding brigades, shall receive and execute all orders from the Maior General, or officers commanding divisions. Colonelsor Colonels. officers commanding regiments, shall receive and execute all orders omand. from Brigadier Generals, or officers commanding brigades: and offiuts of bat-cers commanding battalions and companies shall receive and execute all orders from commanding officers of regiments.

Sec. 14. It shall be the duty of the Brigadier Generals to cause the commissioned officers of each regiment, to meet at their usual muster Segiment ground, and have them drilled two days previous to the regimental muster, giving at least thirty days notice thereof; and each battalion shalt hold one muster amuually, at such time and place near the centre of the bounds of the battalion as may be directed by the commanding officer of the regimant, he giving the commanding officer of the Betion badaniontwenty days notice of such muster, transmitting at the same tira a copy of the order to the Major General of the division, whose duty it shall be to transmit to the Governor a copy of the same; and any officer failing, or refusing to attend the aforesaid drills, may be ar rested and cashiered, in addition to the fines contained in the twen ty-ninth section of this act; Provided, That all reasonable excuses shall be taken.

Sentences * court af Loting life

་

Sec. 15. No sentence of a court martial attecting the life of an offi cer, shall be executed, until approved by the Governor, and four fifths of both houses of the General Assembly,

Sec. 16. It shall be the duty of a Major General to arrest a Briga Low made, dier General for neglect of any duties enumerated in this act, and or der a court martial for his trial; and Brigadier Generals shall have power to arrest any officer in his brigade for neglect of duty.

Cause of

Sec. 17. Any officer of the militia of this State, who shall be found of cashier- guaty of conduct unbecoming an officer and a gentleman, shall be cashiered.

nartial oc

*anized.

Sec.18. Whenever any of the courts martial (regimental courts marCorts tial excepted,) provided for in this act, shall have been detailed and Convened, the senior or superior officer, shall be the President, and the court shall choose a Judge Advocate, who shall be sworn by the President to a faithful and impartia performance of his duty, and to keep the proceedings of the court secret, qui divulged by tho officer ordering thesame: the Judge Advocate shalt there ådminister a sınnlar oath to the Present and member of the éfurt

Sec. 18. The Governos shall have power to appoint four suitable

persons as Aids-de-Camp, who shall have the rank of Lieutenant Co- Gov's aids lonel, and serve the Governor in the same manner as the Aids of Ge- de camp. neral officers do.

Sec. 20. The Adjutant General shall rank as Colonel of cavalry: Gen. and Rank Adj. he shall receive from the Assistant Adjutant General of divisions all duty returns of the strength and condition of the militia of this state, and make out four fair copies thereof, annually, lay one copy of the same before each branch of the General Assembly, and retain one copy in his own office, for the information of the Governor. He shall transmit all orders from the Governor, and in pursuance of his orders, make details in the several divisions of this State. He shall annually transmit to the Secretary of the War Department of the United States, a return of the strength and condition of the militia of this state. He compensa. shall obey and execute all orders of the Governor, and receive as tion. compensation therefor, the sum of two hundred dollars.

Rank.

Sec. 21. The Quarter Master General shall be charged with the Qr. Mas. care of all Public Stores, of Arms, Ammunition, tents, camp-equipage Gen. duty, &c. And whenever any part of the militia of this state shall be called into actual service, he shall on the requisition of the Governor, furnish such articles of arms, ar munition, and camp equipage as may be in his possession or power to procure: He shall perform all such duties (when in the field) as are performed by Quarter Masters General in the army of the United States; And shall have the rank of Colonel of Infantry : He shall keep a register of all arms, accoutrements, and military stores belonging to the state; He shall also take care that the public arms and stores as may be returned by any part of the militia of this state who may have been in actual service; he shall at all times give to the Governor, when required, an account of the quantity, state, and condition of all arms, camp equipage, and public stores that may belong to the state. He shall give security in the sum of two thousand dollars, for the faithful performance of his duty, and compensareceive for his services annually two hundred dollars.

tion.

Works of

Sec. 22. The Commander in chief for the time being, may at mus discretion, aid and assist the citizens of any portion of the State, in e- defence recting temporary works and means of protection, and build such re- how erectdoubts and establish such military posts as he shall deem necessary ed. and best calculated to promote the common defence.

to be pre

served

Sec. 23. The commander in chief for the time being, shall nave authority to remove to some temporary place of safety, and deposit such Pub. anns portion of the arms, ammunition and military stores, at any time deposited in the Arsenal of the state, as circumstances may appear to require, and when necessary in his opinion, to provide and furnish sufficient guards to protect the Public Arsenals, until it be found expedient to call out into public service, detachments of the militia on whom this duty may in part devolve; and it shali alsó be his duty from time to time, to examine, or cause to be examined by some proper officer, the situation of the several arsenals throughout the state, to require security from the Arsenal keepers, and to remove them for Arsenal negligence, or other improper conduct, or for incapacity for perform-keepers ing the duties devolving on them as such, and to appoint, in case of re- moved. moval, other persons to supply the vacancy thereby occasioned.

may be re

Sec. 24. It shall be the duty of Adjutants of regiments to attend all Reg't Adj. regimental and battalion musters, and assist in preparing for review daty, pr evolution. He shall keep a register of the officers of the regiment with their grades, and the strength and condition of each company.

F

He shall obey all orders fror the field officers his regiment, serve all notices or process directed to him, on the of cers of his regiment. He shall make within ten days, after such muste, a complete return of the strength and condition of his regiment, and transmit the same to the Brigade Major of his brigade. He shall ke p a record of all regimental or battalion orders, and the proceedings of regimental and battalion courts martial. He shall keep a register of every officer and private, drafted or detailed for the service of the State, or the United States; muster, inspect, and march to the place of rendezvous every detachment of detailed militia, and forward a complete return of them to the Brigade Major. He shall distribute to the Captains or commanding officers of his regiment such forms of returns as the BriHis com-gade Major may furnish him with; and each Adjutant shall receive pensation, such compensation as the regimental court martial shall think prope for his services, to be paid by the Paymaster out of the fines collected. on order from the President of such court.

Reg'l Qr. Mast.duty.

Sec. 25. It shall be the duty of the Quarter Master to attend all regimental and battalion musters, and under, the direction of the commanding officer, choose a place of parade, and with a guard prevent disturbances from spectators. He shall, on order from the commanding officer of the regiment, purchase instruments of music, colours, &c. and draw on the Paymaster for the same.

Sec. 26. It shall be the duty of the Paymaster, to attend regimenPay Mas-tal and battalion musters, and aid in the execution of the orders of ter's duty the commanding officers. He shall receive all mozes collected for fines, by the Sheriff or Constable, and receipt for the same. He shall account to the regimental court martial at every annual Session, to the amount of fines received, and how expended; he shall, on order from the President of regimental court martial, pay the Quarter-master and Adjutant for expences and services. The regimental Paymaster shall compensa retain six per centum out of the monies received, as compensation.

tion.

Sec. 27. The Adjutant, Quarter Master, and Paymaster, shall rank Rank He- as first Lieutenants; and the regimental Staff in addition to them, shall gim❜l staff consist of a regimental Surgeon, two Surgeon's Mates, a Serjeant-mafor, a Quarter-master Serjeant, a Drum-major, and Fife-major.

Muster.

ty.

i

Sec. 28. It shall be the duty of company officers to hold company Company musters once in every two months, except the months of November, December, January and February; to give ten days notice of every Company officers du company, battalion, or regimental muster, and advertising at the usual muster ground, and six other places in the bounds of his company, or in any newspaper circulating within the same, or notice given at one muster of the next company, battalion, or regimental muster, shall be deemed sufficient notice of the same, and the commanding officer shall note down all delinquencies at company musters, and make a return on honour thereof, to the company court martial; and in like manner, make returns of delinquents at battalion, or regimental musters, to battalion or regimental courts martial. He shall cause the company to be drilled in conformity to the instructions governing the infantry ofthe United States.

Fines for

duty.

Sec. 29. The following fines shall be assessed on officers and prineglect of vatos failing to perform any of the duties required by this act. On a Maj.karig. Major or Brigadier General, not less than fifty not more than one thouGeneral sand dollars. On a Colonel, not less than fifteen, nor more than five Colonel hundred dollars; on a Lieutenant Colonel or Major, not less than ten, Major. ner more than four hundred dollars on a Captain, not less than five,

Cantain