MILITARY CODE
IP* ■ |
j
OF
■
THE STATE ()F ALABAMA,
.REVIS&'D' AND DIGESTED,
- U'TTU
ALL AMENDMENTS AND ADDITIONS
TO Til R
END OP THE REGULAR SESSltiX OF ISGI.
,
By P. IL. EJEMTTAiSr, Seo.retary oi St :i i <\
MONTGOMERY, ALA.:
MONTGOMERY ADVERTISER, ROOK AND JOT! oi-TLOE.
1861.
MILITARY CODE
OF
THE STATE OF ALABAMA,
REVISED AND DIGESTED,
WITH
ALL AMENDMENTS AND ADDITIONS
TO THE
END OF THE REGULAR SESSION OF 1861.
By P. EL jBIvITTAiSr, Secretary of State.
MONTGOMERY, ALA.:
MONTGOMERY ADVERTISER BOOK AND JOB OFFICE.
1861.
JOINT RESOLUTIONS
to provide for the printing and distribution of the military
code. of the state of alabama, and for other purposes.
Be it resolved by the Senate and House of Representatives of the State
of Alabama in General Assembly convened, That the Secretary of
State be authorized to have three thousand copies of the Military
Code of the State of Alabama, and the several amendments thereto,
printed, and that he distribute the same to the Military Officers
in the several counties of this State, through the Probate Judge
of each county, apportioning the number of copies to each county
in proportion to population.
Approved, Dec. 10, 1861.
MILITARY CODE.
CHAPTER I.
constitutional provisions.
Constitution Confederate States of America.
Art. I. §8. Congress shall have power:
11. To declare war, grant letters of marque and re- Powers of con-
prisal, and make rules concerning captures on, land and
water;
12. To raise and support armies, but no appropriation Raise armies,
of money to that use shall he for a longer term than
two years;
13. To provide and maintain a navy; provide a navy.
14. To make rules for the government and regulation Miutia law.
of the#land and naval forces;
15. To provide for calling forth the militia to execute'can out mintia.
the laws of the Union, suppress insurrections and repel
invasions;
16. To provide for organizing, arming, and disciplin- organize mmtia
ing the militia, and for governing such part of them as
■may be employed in the service of the Confederate*
States, reserving to the States respectively, the appoint¬
ment of the officers, and the authority of training the
militia according to the discipline prescribed by congress.
§ 9. 3. The privilege of the writ of habeas corpus Habeas corpU8-
shall not be suspended, unless when in cases of rebellion
or. invasion the public safety may require it.
13. A well regulated militia being necessary to the of the right to
security of a free state, the right of the people to keep bear arms-
and bear arms shall not be infringed.
6
CCWSIITUTIOSTAL PEOYISIOJSTS.
of qurtering 14. Ho soldier shall, in time , of peace, be quartered
troops. jn any houge without the consent of the owner; nor in
time of war, but in a manner to be, prescribed by law.
of indictments "^° Person shall be held to answer for a capital,
' or otherwise infamous crime, unless on presentment or
indictment of a grand jury, except in cases arising in
the land or naval forces, or in the militia when in actual
service in time of war or public danger.
Limited power § Hh 3. Ho state shall, without the consent of con-
of states. gress, keep troops or ships of war in time of peace, or
engage in war, unless actually invaded, or in such im¬
minent danger as will not admit of delay,
president's rank. Art. II. § 2. 1. The president shall be commander-
in-chief of the army and navy of the Confederate States,
and of the militia of the several states, when called into
the actual service of the Confederate States.
Republican form Art. TV". § 4. The Confederate States shall protect
each of them (the states) against invasion; and on ap¬
plication of the legislature, or of the executive, (when
the legislature is not in session,) against domestic
violence.
Constitution of Alabama.
indictable of- ' Art. I. § 12. Ho person shall for any indictable of-
cledelagainst?" lence, be proceeded against criminally, by information,
except in cases arising in the land and naval forces, or
the militia when in actual service.
Writ of habeas *§ 17. The privilege of the writ of habeas corpus shall
corpus.. noj. ke guspended, unless when in eases of rebellion or
invasion the public safety may require.
May bear arms. § 23. Every citizen has a right to bear arms in defence
of himself or the state.
No standing ar- § 24." Ho standing army shall be kept up without the
my to be kept, consent of the general assembly, and in thatcase.no
'appropriation of money tor its support shall be for a
longer time than one year; and the military,shall in all
cases and at all times be in strict subordination to the
civil power.
Quartering § 25. Ho soldier shall in time of peace be quartered
troops. jn any ]10use without the consent of the owner; nor in
time of war but in a manner to be prescribed by law.
Governor to be Art. IV. § 6. He (the governor) shall be commander-
commanderm- in.chief 0f the army and navy of this state, except
ENROLLMENT AND EXEMPTS.
V
when acting with any other power, in which case the
general assembly shall fix his rank.
Jlilitia.
§ 1. The general assembly shall provide by law for Miiitia; how or-
organizing and disciplining the militia of this state. sanized-
§ 2. Any person who conscientiously scruples to bear who excused,
arms shall not be compelled to do so, but shall pay an
equivalent for personal service.
§ 3. The governor shall have power to call forth the Governor may
militia, to execute the laws of the state, to suppress in-cal*forth-
surrections and repel invasions.
§ 4. All officers of the militia shall be elected or ap- Officers; how
pointed in such manner as may be prescribed by lay ;eleeted-
Provided, That the general assembly shall not make any
such elections or appointments, other than those of
adjutants-general and quarter-masters-general.
§5. The governor shall appoint his aids-de-camp, Aids. &c.; how
majors-general, their aids-de-camp, and all division and app°inted-
staff officers; brigadiers-general shall appoint their aids
and all other brigade staff officers, and colonels shall
appoint their regimental staff' officers.
§ 6. The general assembly shall'fix by law the method General Assem--
of dividing the militia into divisions, brigades, regi- ntla^fixrMk
ments, battalions and companies, and shall fix the rank of 8taff>
of all staff officers.
Art. YI. § 1. The members of the general assembly, oath,
and all officers, executive and judicial, betore they enter
upon the execution of their respective offices, shall take
the following oath or affirmation, to wit: "I solemnly
swear (pr affirm, as the case may be) that I will support
the constitution of the state of Alabama, so long as I
continue a citizen thereof, and that T will faithfully dis¬
charge, to the best of my abilities, the duties of ,
according to law, so help me God."
CHAPTER H.
enrollment and exempts.
§ 1. The militia of the state of Alabama shall consist
of each and every free able bodied white male citizen Wh0
8 ENROLLMENT AND EXEMPTS.
resident therein, who is or shall be of the age of eigh¬
teen years, and under the age of forty-five years, except
those hereinafter enumerated; and it shall at all times
Duty of captain, herealter be the duty of eveiy captain or commanding
officer of a company of militia, to enrol, or cause to be
enrolled, every such citizen within the bounds of his
company, and also those who shall from time to time
arrive at the age of eighteen years, or being of the age
of eighteen years, or under the age of forty-five years,
shall come to reside within the bounds of his company;
and he shall, without unnecessary delay, notify such
shaiinotify. pergon 0f the said enrollment by a proper non-commis¬
sioned officer of the company, by whom such notice
Surgeon'scertifi- may be proven. And every person within the ages be-
to^xempTfrom fore mentioned, shall be considered an able bodied man,
military duty. an(^ pe enr0}iec[ for militia duty, unless he shall produce
to the commanding officer of the proper company, or
to any court martial, before whom he shall be arraigned
for delinquency, a certificate of the surgeon of the regi¬
ment within which he resides, that in the opinion of
such surgeon such person is unable to perform ordinary
militia duty by reason of bodily infirmity: Provided,
That the commanding officer, at any muster, may re¬
ceive other satisfactory evidence of temporary inability
or other gdod excuse for the non-performance of mili¬
tary duty on any special occasion. And if any doubt
shall exist as to the true age of any person, he shall be
deemed of proper age for military duty, and be enrolled
accordingly until he shall satisfy the captain or com¬
manding officer, or any court martial, before which he
shall be arraigned for delinquency, of his true age.
And every person subject to military duty, and not at-
. „ tached to any volunteer corps, who shall on or before
By paying five lr. -i r. * •, • ji
dollars may be the first day of April in any year, pay to the paymaster
moCnthsd twelve of the regiment to which he belongs, for the use and
benefit thereof, the sum of five dollars, and produce a
receipt therefor to the commanding officer of the com¬
pany in which he is enrolled, on or before the first mus¬
ter which shall occur thereafter, he shall be marked on
the roll as an exempt from military duty for one year,
Exception. from the said first day of April of that year, except in
cases of imminent danger, insurrection or invasion.
§ 2. The vice president of the Confederate States;
SrmpUX'the officers, judicial and executive, of the government
of the Confederate States; the members and officers of
ENROLLMENT AND EXEMPTS.
9
either house of congress ; all custom house officers, with
their clerks; all post, officers; post riders and stage
drivers, who are employed in the care and conveyance
of the mail of the post office of the Confederate States;
ferrymen employed at any ferry on the post roads; all
inspectors of exports; all pilots; all mariners actually
employed in the sea service of any citizen of the Con¬
federate States; the licensed ministers of the Gospel of
every denomination; all justices of the peace; all keepers
of public mills; the commissioners of revenue and
roads; directors of the bank of this state and its several
branches; and all professors, teachers and students of
the University of Alabama, and of every other public
institution or school for the education of youth in this
state; and the judges of the supreme, chancery, circuit, Aqt Feb. s, i&fo»
and county courts, and the clerks of all such courts8eotlon 5"
shall be, and are hereby exempted from militia duty,
notwithstanding their being above the age of eighteen
and under the age of forty-five years, except in cases of
imminent danger, insurrection or invasion. An d when- Act 0f ja^y 3i>
ever in the opinion of the governor, the public, interest1851-
of this state shall require it, he may exempt from mili¬
tary duty any officer or employee of any or all rail
roads, telegraphic of express companies, or of any or
all steamboats, or other water craft, while said officer or
employee is actually employed as such: Provided, That
every person hereby exempted, shall be subject to en¬
rollment in the company within whose bounds he re¬
sides ; and it shall be the duty of the commandant of
such company to note the exemption of such person
opposite his name on the roll.
§ 3. Every person liable to be enrolled in'the militia persons liable to
of this state, moving into the bounds of any company, porTthemslives
or while living there, arriving at the age of eighteento commanding
o " o o o officer within S(J
years, shall by the next muster thereafter, or within days,
thirty days, if no muster sooner occur, report himself
to the commanding officer of the company within whose
bounds he removes or resides, who shall immediately
enroll such person, or cause him to be enrolled by the
proper officer, and shall require of him the performance
of militia duty in such company, unless such person be
exempted at the time under the laws of this state from
militia duty, or an enrolled member of some legal vol¬
unteer troop or company within the regiment to which
said company is attached ; and of the fact of his being.
ORGANIZATION.
a volunteer, a certificate of the commanding officers of
such troop or company, or of the adjutant of the regi¬
ment to which it is attached, shall be sufficient evi¬
dence.
Penaity for fan- § ^ 'duy PersOD shall fail or refuse (without suffi-
ure to report for cient excuse,) to enroll himself as required by the pre-
enroiiment ceding section of this act, it shall be the duty of the
captain or other officer in command of any company in
which such defaulter may reside, to enroll and return
said defaulter to the next court martial for his beat,
battalion or regiment, when he shall be fined in a sum
not less than five dollars, nor more than ten dollars :
Provided, JSTo such fine shall be assessed or qollected
Act of jan'y si, unless the commandant of such company shall have
186L given ten days' notice by public advertisement, set up
in'at least three public places inffiis beat.*
CHAPTEK in.
ORGANIZATION.
Mmtia; howdi- § I- The militia of this, state shall be divided into
vided and num- militia proper and volunteers. The militia proper shall
be arranged into divisions, brigades, regiments, battal¬
ions, and companies, as hereinafter prescribed, or as the
general assembly shall from time to time enact. Each
division, brigade and regiment shall be numbered con¬
secutively in the order in which they have been or may
be formed, and a record of such numbers and of the
local description thereof shall be made and kept in the
office of the adjutant general of the state; and when
in the field or in the service of the state, each division,
How to rank, brigade and regiment shall respectively take rank ac¬
cording to their number, reckoning the first or lowest
number highest in rank. Each division shall consist of
not less than two brigades; each brigade of not less
*By the Act of Dec. 9, 1861, all persons in the employment of Horace
Ware, in Shelby county, in manufacturing iron ; all persons in the employ
of Wright and Rice, of Lauderdale county, in the manufacture of cannon
and shell for the Confederate Government; and those in the employ of
similar manufacturers; and all persons employed in the manufacture of
arms, munitions of war, clothing, or materials for clothing for the use of
Alabama volunteers, are exempt from military duty during the contin¬
uance of the existing war between the United States and the Confederate
States.
ELECTIONS AND APPOINTMENTS.
11
than two regiments ; each regiment of two battalions ;
each battalion of not less than two nor more than six
companies; and each company of not less than forty
men, including non-commissioned officers, musicians
and privates. The said militia shall be officered as fol- how officered,
lows, to-wit: To each division there shall be one major
general, with a division staff, consisting of an adjutant
general and an inspector general, with the rank of colo¬
nel, and a quartermaster general, and two aids de camp,
with the rank of lieutenant colonel, and a surgeon gen- .
eral; to each brigade, one "brigadier general, with a
brigade staff, consisting of an assistant adjutant gene¬
ral, a brigade inspector, a brigade quartertnaster, a bri¬
gade paymaster, and one aid de camp, with the rank of
major, and a brigade surgeon; to each regiment, oneActrei).,i839.
colonel commandant, with a regimental staff, consisting
of one adjutant, one quartermaster, and one paymaster,
with the rank of captain, one surgeon, and two mates,
one pergeant major, one quartermaster sergeant, and
one drum and one fife major; to the first battalion of
each regiment, one lieutenant colonel, and to the sec-,
ond battalion, one major; to each company, one cap¬
tain, one first lieutenant, and one second lieutenant,
four sergeants, four corporals, one drummer, and one
fifer or bugler.
CHAPTER TV.
ELECTIONS AND APPOINTMENTS.
§ 1. Hereafter the office of major general, brigadier General and aeia
general, colonel, lieutenant colonel, major, captain, lieu- andeby whom?d'
tenant or cornet, shall be filled by the election of all
persons who are entitled to vote for members of the
legislature, or who shall be at any time of any such
election legally enrolled for military service, within the
proper division, brigade, regiment, battalion, troop or
company, as the case may be.
§ 2. The elections of major and brigadier generals, Election for cer-
colonels, lieutenant colonels and majors, shall be held hoiden.cer8;how
at the same places within their proper districts, and be
subject to the same rules, regulations and restrictions
as are now or may hereafter be prescribed by law for
12
ELECTIONS AND APPOINTMENTS.
holding and conducting elections for members of the
general assembly of this state..
Mannerofmiing § .3. When any-vacancy shall occur, or any original
cies^yelection, election be necessary in any division, brigade, regiment
or battalion, it shall be filled in the following manner,
Major General, to wit: When in the office of major general, the gov¬
ernor of the state shall issue writs of election to the
sheriffs of the several counties within the division, di¬
recting them to give a length of notice to be prescribed
in the writs, not less than forty or more than seventy
days ; and he shall appoint in said writs the day of such
BrigadierGener- election ; when in the office of brigadier general, the
ai. major general of the division shall issue writs of elec¬
tion as aforesaid, appointing the day of election, and
requiring not less than thirty nor more than fifty days'
coionei. notice thereof; when in the'office of colonel, the brig¬
adier general of the proper brigade shall issue the writ
or writs^ of election as the case may require, in manner
aforesaid, and require at least thirty days' notice there-
Lieutenant coio- of; and when in the office of lieutenant colonel or ma-
nei or major. j0]^ the. colonel of the proper regiment, whether of
militia or volunteers, shall issue the writs of election
in manner aforesaid, and require at least twenty days'
notice thereof; and each sheriff to whom any writ of
election shall be directed as aforesaid and delivered,
shall strictly obey the mandate of said writ and the law
on the subject of elections ; and within seven days af¬
ter such election, make return of the result of the same
within his county, to the officer ordering such election,
by mail or other safe conveyance; and each of said of¬
ficers, except the governor, ordering any election afore¬
said, s^all, at the expiration of thirty days after any
such election, remit by mail to the executive office the
result thereof, unless prevented from so doing by a con-
company offl- test. Lieutenant colonels and majors, shall order elec-
ccrs * how and • •
when elected, tions for the commissioned officers of companies as
often as an original election shall be necessary, or
any vacancy shall occur within their respective battal¬
ions, and shall designate in every such order a place for
holding such election within the bounds of the company
in which the election shall be ordered, and shall appoint
some one or more commissioned or tfon-commissioned
officers of the company to superintend such election,
and shall specify the notice to be given thereof, which
shall be at least ten days; and the superintendent or
ELECTIONS AND APPOINTMENTS.
13
superintendents, or one or more of them so appointed
as aforesaid, shall give the notice of such election pre¬
scribed in said order, by written advertisement, to be
posted in a conspicuous place at the company muster
ground, and at two other public places within the
bounds of such company, and he or they, or any one or
more of them shall hold such election, and in three days
thereafter report the result to the commandant of the
regiment, who shall at the expiration of ten days after
any such election, or as soon thereafter as he shall re¬
ceive said report, if not prevented by a contest, certify
the result to the executive office for commission.*
§ 4. Whenever a vacancy shall occur in the office of
lieutenant colonel, the commandant of the regiment changed,
shall, at the request of the major thereof, (expressed in
writing, which shall operate as a resignation of his of¬
fice) order a change in the number of the battalions of
such regiment, and shall issue his writ commanding the
election of a lieutenant colonel in the battalion which
had last been commanded by a major, and the election
of a major in the other battalion of said regiment:
which alteration in the number of the battalions of any
regiment shall take place, if requested as aforesaid, as
often as a vacancy shall occur in the office of its lieu¬
tenant colonel.
§ 5. If any military officer of this state shall absent six months ab-
himself from the bounds of his command for a longer omcl.t0 vacate
period than six. months, at any one time, without a fur¬
lough from some superior officer commanding a regi¬
ment brigade division, or the state, as the case may re¬
quire, he shall be treated as having removed from his
command, and his office as vacant, and it shall be filled
as provided by law in other cases of vacancy.
§ 6. When any officer of militia or volunteers shall office, when^va-
die or remove out of the bounds of his command, it
shall be the duty of any commissioned officer in the
said bounds to whom the fact shall be known, imme¬
diately on receiving authentic information of such
death or removal, to give notice thereof in writing to
*By act of December 10, 1861, brigadier generals are authorized to or¬
der elections for colonels, lieutenant colonels and majors, in their respec¬
tive brigades, in the same manner and upon the same terms as those elec¬
tions are now authorized to be ordered.
14
ELECTIONS AND APPOINTMENTS.
the officer whose duty it shall be to order an election to
fill such vacancy.*
officers to hoid § 7. All military officers of this state shall hold their
havio?.g00d be~ respective offices during good behavior, except the ad¬
jutant and inspector general and quartermaster general
of the state, the division, brigade, and regimental staff,
and the non-commissioned officers of companies; and
Shan not resign no military officer shall resign until he shall have served
of court martfaT -such continuously for five years, without the permis-
nor when under sion of a court martial, the president of which shall be
of at least equal rank with the officer applying for per¬
mission to resign, under the penalty of future ineligi¬
bility to any military office in the state ; and no officer
shall resign upon, any terms while under arrest or in
actual service of the state or general government: Pro¬
vided, that'a change of battalions, as above prescribed,
or the election of an officer to any other military office,
shall not be deemed a resignation within the meaning
of this clause.-
§ 8. There shall be 'an.adjutant and inspector gen-
m" eral of the state, with the rank of brigadier general, and
generaf;mhow a quarter-master general of the state, with the rank of
elected and their gqIqh®^ who shall be elected by joint vote of the two
houses of the general assembly, and shall hold their
Term of office, offices for the term of four years from and after such
election, and until their respective successors shall be
elected and qualified.
Aids; how ap- § 9. The governor shall have power Jo appoint four
pointed, their military aids, who shall have the rank of colonel, and
rank and duty. i • -i • i • -» • i
perform the same military duties to him that aids of
general officers do to them, and who shall hold their
appointments during his pleasure until the expiration
of 'his term.
staff- how a § major general, brigadier general, andcol-
point'ed, term of onel commandant shall appoint the staff of their re-
office* spective commands, who shall hold their offices during
the pleasure of the person by whom they shall severally
be appointed, so long as he shall continue in such of¬
fice.
*By the act of December 4, 1861, all military officers in this state, who
have entered, or who may hereafter enter into the service of the Confede¬
rate States during the pendency of existing hostilities with the govern¬
ment of the United States, are permitted to resign their positions in the
militia without the consent of a court martial, and are not thereby ren¬
dered ineligible in the future to hold military office.
arrest.
Proviso.
ELECTIONS AND APPOINTMENTS.
15
§ 11. Every commandant of a company of militia captain may #p-
shall have the power to appoint the non-commissioned mTssionlToj£m~
officers of such company, who shall serve for the termcersofcompany'
of two years, unless sooner dismissed by such command¬
ant.
§ 12. Whenever it shall happen that any military companiegwith.
company in this state shall be without any officer, com- haveffitherm ™p^
missioned or non-commissioned, it shall be the duty ofP0™^^^;
the commandant of the battalion to which said com- tali°n-
pany shall be attached to appoint some suitable person
to command such company, who shall possess authority
over the same in every respect as if duly elected cap¬
tain thereof by such company ; and it shall be the duty
of such commandant to require of such company a
strict performance of every duty imposed on other sim¬
ilar companies in this state, until an officer shall be duly
elected and qualified to take command thereof. •
§ 13. The following named military officers shall be officers- what
commissioned, to wit: major and brigadier generals, commissioned,
the adjutant and inspector general, and quartermaster
general of the state ; colonels, lieutenant colonels, and
majors of regiments ; adjutant generals, inspector gen¬
erals, quartermaster generals, and surgeon generals of
divisions ; assistant adjutant generals, brigade inspec¬
tors, brigade quartermasters, and brigade surgeons;
adjutants, quartermasters, paymasters and surgeons of
regiments; the aids de camp of the governor and of
the several generals; and captains, lieutenants and cor¬
nets of troops and companies; and all the other offi¬
cers shall be denominated non-commissioned officers.
§ 14. Each return to the executive office of an elec- Election returns;
tion or appointment to any military office, shall sub- and bytwhomm'
stantially show whether it is an original' election or ap-made-
pointment or one made to fill a vacancy; if to fill a
vacancy, the name of the previous officer and the cause
of the vacancy shall be stated, as also the number of
the company, battalion, regiment, brigade and division,
as the case may require, to which the office is attached,
and whether it be of the militia or volunteer corps; and
it shall be the duty of the governor, at the expiration
of thirty days after any election for major general, un¬
less prevented by a contest thereof, to commission as'
such the person who shall appear from the returns re¬
ceived at the executive office to have been elected; and
as often as returns shall be made to the executive office
16
ELECTIONS AND APPOINT MENTS.
by the proper officer of the election or appointment of
any qualified citizen to any other of said commissioned
Commissions; officers, forthwith to cause a commission under his hand
how issued. an(j £ke geaj gtate to issue according to such re¬
turn, and to .be transmitted free of postage to the offi¬
cer to whom it belongs or to the officer making the
return.
Certificate of re- § 15. In all elections or appointments of military ol-
enutieStowra-to ficers the certificate of the officer ordering the election
mand.( or making the appointment shall be sufficient until he
shall be regularly commissioned, to authorize and re¬
quire such person to assume command accordingly, and
to subject him to all the duties of the station to which
he shall have been elected or appointed; and such per¬
son, upon the receipt of such certificate, shall take the
oaths of office prescribed by law for all military officers;
and thereupon shall proceed to the discharge of the du¬
ties of the office specified in said certificate: Provided
that nothing in this section shall interfere with the
mode prescribed by law of contesting any military elec¬
tion.
commissioned § 16. Every person elected or appointed to any mili¬
tate oath pre: tary commissioned office in this state shall, within thirty
scnbed. days after receiving a certificate of election or appoint¬
ment, or a commission, take, in the manner prescribed
by law, the oath or affirmation prescribed by the con¬
stitution of this state, in Article six, Section one, and
the oath against duelling which shall be in force-at the
time of his election or appointment,
offices; how mi- § 17. "Whenever it shall so happen that an election
wuuffier forone has been ordered and regularly advertised according to
them. ]aw, and no one is found that will offer for said office,
it shall be the duty of the officer ordering said election
to appoint some reputable person to discharge the du¬
ties of such vacant office, with all the powers and priv¬
ileges* and subject to all the pains, penalties and for¬
feitures, that he would have been entitled or subject to
if he had been elected to such office : Provided nothing
in this act shall be so construed as to require any per¬
son appointed under the provisions of the foregoing
sections of this act to uniform.
Returns of strength and condition.
17
CHAPTER Y.
returns of strength and condition.
§ 1. There shall be made annual returns of the Returns of the
Strength and condition of the militia of this state in the the
following manner, to-wit: On or before the first day ofmmtia; by and
September* in each year, the captain or commanding10 whom made'
officer of each troop or company, whether militia or
volunteer, shall deliver or cause to be delivered to the
commanding officer of the regiment to which he shall
be attached, a fair and correct copy, certified upon honor,
of the roll of the troop or company under his command,
containing the names of the commissioned and non¬
commissioned officers and musicians thereof, and of all
privates, including exempts for any other cause than
permanent disability; and also the number and descrip¬
tion of any public arms and accoutrements possessed
by such troop or company.
The commanding officer of each regiment, whether % whom gom^
of militia or volunteers, shall consolidate or cause tobeldated'
consolidated, the information contained in the rolls of
all troops and companies delivered to him as aforesaid,
and on or before the fifteenth day of September in each
year shall send by mail to the brigadier general of his
brigade, and also to the office of the adjutant general
of the state, a fair and correct return, certified upon
honor, of the strength and condition of his regiment,
including the field and staff officers, and designating
by number and description of troops, each troop and
company attached to his regiment; and shall invariably
note in such return, each failure of a commanding offi¬
cer of any troop or company to make the return above
required of him. He shall also enter and preserve a
copy of each of his regimental returns in a book which
he shall keep for that purpose. The brigadier generals
shall annually consolidate or cause to be consolidated
into a return of the strength and condition of his bri-
* By act of Dec. 6,1861, the returns for 1862 may be made by February
1st, 1863, and February 15,1863, respectively, and officers exonerated for
'ing to make returns in September, 1862.
2
18
RETURNS OE STRENGTH AND CONDITION.
gade, all the returns which he* shall have received from
the commandants of regiments by the 10th day of Octo¬
ber* of each year, and in five days thereafter shall
transmit by mail to the major general of his division
and to the office of the adjutant general, each, a fair and
correct copy, certified upon honor, of such consolidated
return, including therein his brigade staff, and distin¬
guishing particularly the strength and condition,of
each regiment, and noting each failure of a command¬
ant of any regiment to make the return hereby required
of him ; and he shall also enter and preserve a copy of
every such return in a book to be kept for that pur¬
pose.
And the major general shall cause to be made an ab¬
stract of the returns of the strength and condition of
the brigades in their respective divisions annually re¬
ceived by them, distinguishing the different brigades,
and including therein his division staff* and noting par¬
ticularly the omission of any brigadier general to make
return to him as above required; which abstract he
shall have recorded in a book to be kept for that pur-
Act jeb. i is58. pose; and by the 20th of October in each and every
year, shall transmit by mail to the offices of the adju¬
tant and inspector general, a fair and correct copy, cer-
Adjutant gener- tiffed on honor, of such abstract. The adjutant general
ai; his duties. 0f s]ia]l carefully examine and collate all the
returns of the military force received at his office before
the 5th day of November in each year, and shall con¬
solidate the same into a general abstract of the strength
and condition of the militia of the state, including
therein the major generals and their staff, pursuant to
the act of congress on the subject, and shall make out
four fair and correct copies thereof, one of which he
shall immediately lay before the governor, to be filed
in his office; two copies he shall lay before the legisla¬
ture at the earliest opportunity, and the fourth he shall
transmit to the President of the Confederate States, as
required by law; and he shall also enter and preserve
such abstract as aforesaid in a book to be kept in his
office for that purpose, and shall each year note particu¬
larly in such book, in connection with the abstract, the
* By act of December 6,1S61, tlie returns for 1S62 may be made on the
10th of March, 1863, and 5th of April, 1863, respectively, and officers ex¬
onerated for failing to make returns required iu October and November,
1862.
RETURNS OF STRENGTH AND CONDITION.
19
commandants of brigades and regiments who shall have
failed to make due return to his office,,as required
above.
§2. If any officer whose duty it is to make returns officers; duties
as aforesaid shall fail to comply strictly with the fore- of relative to <ie-
u iinquents.
going requisitions on that subject, it shall be the impe¬
rious duty of the officer to whom such returns should ■
bave been made to report suck delinquency to a proper Delinquent9;
officer or court martial; that is to say, if the delin-how^proceeded
quency be with the commandant of a company, the
commandant of the proper regiment shall report him
to the next regimental court martial; if with the com¬
mandant of a regiment, the brigadier general shall de¬
tail a brigade court martial for the trial of such delin¬
quency or delinquencies; if with a brigadier general,
the major general shall detail a division court martial
for the trial of such delinquency or delinquencies; and
the delinquents respectively shall be fined by the court
martial in such sum as it may deem proper, within the
limits imposed by law for a failure in any officer to dis¬
charge his military duty. And every officer whose duty
it shall be to report such delinquency, or to order a
court martial for the trial of such delinquent, who to arrest tor fail-
shall fail to do so for the space of three months, shallorde^courtma^-
be liable to arrest, and, upon conviction thereof, beforetial-
a proper court martial, in addition to the fine for neglect
of duty, shall be dismissed from office, or cashiered, as
the court trying the case shall sentence.
§ 3. And if any major general or person commanding Major general;
a division of the militia of this state shall fail to com-deunP™encydfor
ply with the requisitions of the foregoing sections of this
act, he shall be subject to a fine of not less than two
hundred dollars or more than five hundred dollars, on
motion before the circuit court of the county in which
such delinquent may reside.
§ 4. And whenever any major general or person com-Duty of g0ver-
manding any division of the militia of this state shall gen'eraunTaoii-
fail for the space of thirty days to make the report orcltor-
perform any other duty required of him by the second
section of this act, it shall be the duty of the adjutant
general of the state to notify such delinquent to the
governor,'who shall forthwith certify the same to the
solicitor of the circuit in which such delinquent may
reside, whose duty it shall be, after giving thirty days'
>tice in writing to such delinquent, to move the cir-
20
MILITARY SUBDIVISIONS.
cuit court of the proper county for a judgment against
him for the penalty of this act, which shall he deter¬
mined by said court and collected and applied as other
fines in behalf of the state: Provided further, that the
said solicitor shall receive twenty dollars, which shall he
taxed in the bill of costs, and collected and paid as
solicitors' fees in criminal cases are now collected and
•ActFeb. i,i858. j^0 allowance, or payment of salary, or compen¬
sation shall be made to the adjutant and inspector gen¬
eral until the governor shall certify that said adjutant
and inspector general has made to him, (the Governor,)
a report of the strength and condition of the militia,
and certified all defaulting major generals, as required
by the foregoing provisions of this chapter.
CHAPTER VI.
MILITARY SUBDIVISIONS OF THE STATE.
Military; subdi- § 1. The military of the state of Alabama shall be
vision of. [divided] as follows, to wit: into one hundred and seven
regiments, of which the county of Autauga shall cou-
_ . . stitute two, numbered twenty-three and forty-seven.
Regiment; mem- . ' J J
ber of, in what Baldwin, one, numbered fifty-seven.
county. Barbour, two, numbered forty-nine and eighty-five.
Bibb, two, numbered twenty-one and fifty-three.
Blount, two, numbered fourteen and sixty-one.
Butler, one, numbered twenty-nine.
Calhoun, three, numbered seventy-two, seventy-three
and ninety-seven.
Chambers, two, numbered sixty-nine and eighty-six.
Cherokee, two, numbered seventy-four and seventy-
nine.
Choctaw, one, numbered one hundred and three.
Clarke, one, numbered thirty.
Coffee, one, numbered ninety-three.
Coosa, three, numbered sixty-eight, one hundred and
four, and one hundred and five.
Conecuh, one, numbered twenty-eight.
Covington, one, numbered sixty.
Dale, one, numbered forty-six.
Dallas, three, numbered twenty-two, forty-one, and
fifty-one.
MILITARY SUBDIVISIONS.
21
DeKalb, two, numbered seventy-five and twenty-seven.
Fayette, two, numbered forty-five aud seventy-eight.
Franklin, two, numbered nine and thirty-seven.
Greene, two, numbered nineteen and thirty-eight.
Henry, two, numbered twenty-five and seventy-seven.
Jackson, four, numbered one, thirty-five, fifty-two,
and sixty-three.
Jefferson, two, numbered fifteen and eigty-eight.
Lawrence, two, numbered seven and eight.
Lauderdale, three, numbered ten, eleven, and eighty-
four. i
Limestone, two, numbered four and five.
Lowndes, two, numbered fifiy-five and fifty-eight.
Macon, two, numbered sixty-six and one hundred.
Madison, four, numbered two, three, thirty-three, and
sixty-two.
Marengo, two, numbered twenty and fifty-four.
Marion, one, numbered sixteen.
Marshall, two, numbered eighty-one and eighty-three.
Mobile, four, numbered forty-eight, eighty-nine, nine¬
ty-four, and ninety-five.
Montgomery, two, numbered twenty-four and forty.
Monroe, one, numbered twenty-six.
Morgan, two, numbered six and thirty-nine.
Perry, two, numbered thirty-two and forty-four.
Pickens, three, numbered thirty-four, fifty-nine, and
ninety-eisdit.
Pike, two, numbered forty-two and eighty-seven.
Randolph, three, numbered seventy-one, ninety-one,
and one hundred and eight.
Russell, one, numbered sixty-five.
St. Clair, two, numbered twelve and one hundred
and one.
Shelby, two, numbered thirteen and fifty-six.
Sumter, two, numbered sixty-four and eighty-two.
Talladega, three, numbered seventy, eighty, and
ninety.
Tallapoosa, two, numbered sixty-seven and ninety-
nine.
Tuskaloosa, three, numbered seventeen, eighteen, and
ninety-two.
Walker, two, numbered forty-three and ninety-six.
Washington, one, numbered thirty-one.
Wilcox, two, numbered thirty-six and fifty.
Winston, one, numbered one hundred and six.
22
MILITARY SUBDIVISIONS.
Brigades; num. Into twenty-two brigades, of which the county of
oounues^from. Madison shall constitute number one.
The counties of Limestone and Lauderdale, number
two.
Jefferson and St. Clair, number three.
Lawrence and Franklin, number four.
Tuskaloosa and Pickens, number five.
Marengo, Sumter and Choctaw, number six.
Dallas and Wilcox; number seven.
Butler, Conecuh, Monroe, and Covington, number
eight.
Mobile, number nine.
Jackson, number ten.
Henry, Dale, Coffee, and Barbour, number eleven.
Morgan and Blount, number twelve.
Lowndes and Pike, number thirteen.
Perry and Greene, number fourteen.
Montgomery and Autauga, number fifteen.
Calhoun, Talladega and Randolph, number sixteen.
Coosa, Tallapoosa, and Chambers, number seventeen.
Cherokee, DeKalk, and Marshall, number eighteen.
Fayette, Marion, Walker, aud Winston, number nine¬
teen.
Bibb and Shelby, number twenty.
Macon and Russell, number twenty-one.
Clarke, Washington, and Baldwin, number twenty-
two.
berof°nwhatum" ^n*'° e^even divisions, of which the counties of Madi-
counties from, son, Limestone,tmd Lauderdale, shall form number one.
Tuskaloosa, Pickens, Bibb, and Shelby, number two.
Perry, Greene, Sumter, Marengo, and Choctaw, num¬
ber three.
Mpbile, Clarke, Washington, and Baldwin, number
four.
Macon, Russell, Barbour, Henry, Dale, and Coflee,
number five.
Montgomery, Autauga, Dallas, and Wilcox, number
six.
Morgan, Blount, Jefferson, and St. Clair, number
seven.
Calhoun, Talladega, Randolph, Chambers, Tallapoosa,
and Coosa, number eight.
Jackson, Marshall, DeKalb, and Cherokee, number
nine.
MILITARY SUBDIVISIONS.
23
Franklin, Lawrence, Winston, "Walker, Fayette, and
Marion, number ten.
Butler, Pike, Lowndes, Monroe, Covington, and
Conecuh., number eleveD.
§ 2. The boundaries of regiments, battalions and com- ofboucdaries.
panies shall remain as now established: Provided, That Provis°.
the division lines between regiments lying in the same
county, and the division line between the battlions of
any regiment and the boundaries of companies, and the
enlargement or decrease of the number of companies
in any battalion within the limits fixed by law, shall be
subject to arrangement by the decision of any brigade
or regimental court martial of the proper brigade or
regiment, as the case may require; and any alteration
in division lines or boundaries, as aforesaid, or increase
or decrease of companies, by any such court martial,
shall be done in writing, signed by the president of the
court, and filed with the commandant of the brigade or
regiment, as the case may be, who shall cause it to be
recorded by his proper staff officer, in a book to be
kept for the purpose; and if at any time a militia com¬
pany shall be reduced by removals or otherwise to less
than forty non-commissioned officers, musicians, and
privates subject to enrollment, unless by authority of
law, it shall be the duty of the court martial of the
proper regiment either to reorganize the companies in
the regiment so as to give to each its proper number of
privates, or to parcel the company which is below size
among the adjoining companies.
§ 3. The militia companies in each regiment shall beMiUtia corps-*
numbered consecutively, in the order of time in which how numbere«-
they have been or may be formed, from one to the high¬
est number in each regiment; and shall take rank or
precedence in the formation of the battalion or regi¬
ment, according to the date of the commissions of their
respective captains, and when there shall be several
captains in any regiment of the same official age, their
companies shall then take rank according to their Howtoranb
respective numbers, counting the lowest in number the
highest in rank. In the same manner shall the troops
and companies in any regiment of volunteers be num¬
bered, and they shall rank first according to the descrip¬
tion of troops, and secondly, among troops or companies
of the same description, according to the official ages
of their respective captains.
24
VOLUNTEER CORPS AUTHORIZED.
CHAPTER VII.
VOLUNTEER CORPS AUTHORIZED.
Volunteer eorps; § 1. Within each regiment of the militia of this state
e<TinaJachf?e£u there may be formed six troops or companies of volun-
ment. teers, to consist of cavalry, artillery, light infantry and
riflemen, or either; each troop or company shall contain
not less than forty nor more than eighty, rank and file,
including non-commissioned officers, musicians and
privates: Provided, That in raising such eorps no mili¬
tia company shall be reduced in number below the
minimum fixed by law; to each troop of cavalry there
shall be one captain, one first and one second lieutenant,
one cornet, four sergeants, four corporals, one saddler,
one farrier, and one trumpeter; to each company of ar¬
tillery there shall be one captain, one first and one
second lieutenant, four sergeants, four corporals, six
gunners, six bombardiers, one drummer, and one fifer;
and to each company of light infantry or riflemen, there
shall be the same officers, commissioned and non-com¬
missioned, prescribed to each company in the militia:
Provided, That in the county of Mobile there may be
formed an entire regiment of volunteers, and the troop
and companies now organized in said county may be
united into one or two battalions, as they may agree
among themselves; and if an entire regiment shall be
organized in said county, there may be another regi¬
ment formed in the other counties of the same brigade.
One troop of cavalry may be organized under the rules
prescribed by law in each county in this state, which
may choose their uniform, and shall be required to hold
four company musters annually, and also to parade at
one regimental muster in said county, under the orders
of the commanding officer of the regiment, and no
other militia duties shall be required of said compauies:
proviao. Provided, Where there are more regiments than one in
any county, such troops may be raised from the differ¬
ent regiments; and in such cases, application shall be
made to the brigadier-general of the brigade for writs
of election.
How organized. g o. The mode of organizing any volunteer troop or
VOLUNTEER CORPS AUTHORIZED.
25
company shall be as follows: Upon application in writ¬
ing, signed by a sufficient number of persons, to form a
company, and showing the number of the militia com¬
pany in which they severally reside, made to the com¬
mandant of the regiment in which the applicants live,
stating distinctly the object of the applicants, and
asking for permission to elect officers, the said com¬
mandant, if satisfied that the organization of such ap¬
plicants into an independent corps will not rgduce any
of the militia companies below their minimum number
of privates subject to enrollment, shall issue a writ of
election, directed to o"ne or more of such applicants, writs of election
authorizing them, at a day and place to be named therein,tobe lssued'
to hold an election for commissioned officers to com¬
mand such applicants when organized, directing at least
ten days' notice thereof to be given through a newspa¬
per, or at six public places in the regiment, and requir¬
ing them to report the results thereof to him in five
days after such election; and as soon as the said appli- Notice,
cants shall so elect their commissioned officers, and
uniform themselves complete, it shall be the dut}^ of
the said commandant, upon request, to inspect said
applicants, and if he find them fully uniformed, he shall
accept them as a volunteer corps, and report tfiem as
such, and the names of the officers so elected, to the
brigadier general of his brigade, who shall number
such troop or company in the order of its organization,
and certify its officers to the executive office for com¬
mission.
§ 3. Every volunteer troop, company, battalion or °®dc^y3
regiment, shall select all its officers from among its elected,
members respectively, each member being entitled to a
vote, and no one else shall be elligible to hold any office
therein ; and the commander of each troop or company
shall appoint the non-commissioned officers thereof,
unless the company shall otherwise provide for their
appointment.
§ 4. Whenever two or more regularly organized vol-volunteer corps;
unteer troops or companies shall exist in any regiment ^^(acTreb.i0,
in this state, they shall be united into an independent 1839-) battalion,
battalion; and whenever there may be two or more
companies of volunteers, or two or more troops of ca¬
valry in any brigade, they may be organized into bat¬
talions of volunteers or battalions of cavalry, as the
case may be; and when so organized and accepted as
26
VOLUNTEER CORPS AUTHORIZED.
such by the brigadier general of the proper brigade, he
shall authorize them jointly to elect a commandant of
such battalion, by writ of election, designating therein
whether such officer shall be a lieutenant colonel or a
major, and also the time and place of holding such
election, and the notice not less than twenty days to be
given thereof, and such shall be the mode of filling any
vacancy in such office previous to the battalion being
united to a volunteer regiment; and whenever there
ment^how form exis^ two or more fully organized battalions of
ed. ' 01 "volunteers in any brigade, they shall be united as a
regiment, and be required to elect a colonel command¬
ant by writ of election, as in case of vacancy in the of¬
fice of a colonel of militia. And the returns of elections
shall be made in ten days to the brigadier general, or¬
dering the same, who shall in twenty days after any
such election, if not contested, certify the result to the
executive office for commission, stating the officer's
name and the number of the regiment or battalion, or
both, as the case may require,
volunteer corps § 5. After a battalion of volunteers shall be organ-
a battSioif sub- in any regiment of militia, every troop or company
foot t° same du- of volunteers thereafter formed in such regiment, as
litiacorps.61 mi~ soon as regularly organized shall be attached to such
battalion, and shall not withdraw therefrom until dis¬
solved or discharged ; and all volunteer troops and com¬
panies previous to their being attached to an independ
ent battalion of volunteers, shall perform regimental
duty in connection with the militia companies of the
regiment to which they severally belong, and shall be
equally subject to the field officers of such regiment;
and every battalion of volunteers not formed with
another into a regiment, shall perform duty in connec¬
tion with the militia battalions of the regiment in which
it shall have been raised, at all regimental trainings and
reviews of the militia, and shall be subject to the com¬
mandant of such regiment until it shall be incorporated
as a part of a volunteer regiment. And after a battal¬
ion of volunteers or a battalion of cavalry shall be or¬
ganized in any brigade of militia, every troop or com¬
pany of volunteers thereafter formed in such brigade,
as soon as regularly organized, may be attached to such
battalion; and every such battalion of volunteers or
cavalry thus formed in a brigade, and not united with
another into a regiment, shall perform duty iu connec-
VOLUNTEER CORPS AUTHORIZED.
27
tion witli the militia regiment of the brigade in which
it shall have been raised, in the bounds of which may
be situated such battalion's parade ground, and shall be
subject to the commandant ot such regiment until it
shall be incorporated as apart of a volunteer regiment.
§ G. Each regiment of volunteers shall be numbered volunteer regi-
in the order of time of their organization by the gov- bywhomnum-
ernor, and the battalion first organized in each regiment beTed-
shall be numbered one, and be entitled to elect the lieu¬
tenant colonel; the other battalion or battalions shall
be numbered in the order of organization, and each
shall be entitled to elect a major: Provided, That in
cases of vacancy in the office of lieutenant colonel,
upon the application of either of the majors, if there
be more than one, (and if two, and both apply, they
shall draw for the privilege,) a change in the number of
battalions shall take place, and also in the privilege of
electing the lieutenant colonel, as authorized in the or¬
ganization of the militia regiment.
§ 7. The volunteer regiments authorized as aforesaid, volunteer regi-
shall be attached to the brigades respectively within ™^^ades!hed
which they shall be organized, and shall be subject to
the commands and orders of the brigadier and major
general of such brigade and the proper division ; and
the commandants of such volunteer regiments shall
severally appoint a regimental staff and possess all other
rights and powers within their respective commands
that appertain to colonels commandant of the militia.
§ 8. E"o troop or company of volunteers shall be Vohmteer eorpg
raised for a shorter period than seven years; and any y01 for a
x v ' v snorter period
individual of such troop or company who shall uniform than seven years
himself and serve therein or in some other volunteer viJenentuie 8to"
corps of the state for seven years, without unnecessarycharse-
intermission, shall be entitled at the expiration of such
service, to a discharge, which shall exempt him ever
after of all military duty, but that of keeping his name
regularly enrolled until he arrives at the age of forty-
five years, except in cases of imminent danger, insur¬
rection or invasion. And it shall not be lawful for any
member of a troop or company of volunteers to with¬
draw from or leave the same under seven years without
the consent of a majority of the commissioned officers
thereof, unless he removes his residence out of the reg¬
iment, nor without first delivering up to the command¬
er of the troop or company of which he is a member,
28
VOLUNTEER CORPS AUTHORIZED.
in good order, any arms or accoutrements which he
may have received; and whenever a volunteer shall
have served any length of time and obtained leave to
withdraw, or his troop or company be dissolved, he
shall receive from the commandant of the troop or com¬
pany a discharge in writing, showing how long he
served in that corps, which shall be evidence of the
facts set forth therein, and entitle him to credit for such
service should he in three months thereafter enroll him¬
self in any other volunteer corps in the state.
Volunteer corps, § 9. Whenever any volunteer troop or company shall
dissolved!? h<w remain for six months at a time reduced in number of
rank and file below the minimum established by law, it
shall be the duty of the brigadier general commanding
such corps, upon being satisfied of the fact, to order a
dissolution of such corps, and require its members to
be regularly discharged, and to enrol themselves in
some other volunteer troop or company of the proper
regiment, or to be enrolled respectively in their proper
militia companies,
volunteer regi- § 10. The relative rank of the different regiments or
howdeterminedbattalions of volunteers shall be determined according
to their respective numbers, counting the lowest num¬
ber highest iu rank; and the different volunteer troops
and companies iu each regiment in the following order,
to wit: First, cavalry; second, artillery; third, light
infantry; and fourth, riflemen ; all officers of volun-
' teers shall rank officers in the militia of the same grade;
but as among themselves, the officers of volunteers or
mfiiHaofficersof °f the same grade, shall take rank according
same grade. to the dates of their respective commissions ; and when¬
ever officers of the same grade have commissions of
even dates, their relative rank shall be established by
the grade and date of their former military commis¬
sions ; and if equal in that respect, then it shall be de¬
cided by lot in the presence of the commanding officer,
volunteer corps; § Each troop or company of voluuteers, before it
tiifo™ and shall be accepted as such, shall be fully uniformed in a
kind of dress to be determined on by a majority of its
members; and it shall, when required to attend, appear
at all trainings, drills, reviews and parades, uniformed
and armed, and equipped in a manner suited to the
class of troops to which it belongs ; and every company,
troop or corps of volunteers, at present organized un-
VOLUNTEER CORPS AUTHORIZED.
29
der authority of law, shall retain every privilege grant¬
ed to it.
§ 12. Every legally organized volunteer troop or com-volunteer corps
pany existing at present, or which shall be organized body corpora*
pursuant to law, shall become a body corporate, with
the privileges of a common seal, suing and being sued,
and of adopting any by-laws for its own private regula¬
tion, which shall not be inconsistent with the laws and
constitution of this state or of the Confederate States.
§ 13. Whenever any volunteer company now formed,
or hereafter to be formed in accordance with the pro- volunteer corps,
visions of law, shall make application to the governor
of this state for the use of any of the public arms, he
shall be, and is hereby authorized to issue his warrant
upon the quartermaster general of the state, requiring
him to deliver to such applicant such arms if in his pos¬
session or at his command : Provided that no such war¬
rant shall issue until such applicant shall file or cause
to be filed in the office of secretary of state a good and
sufficient bond in a sum twice the amount in value of
the arms applied for, conditioned for their safe keeping
and delivery to the proper authorities when required,
approved of by the brigadier general of the proper bri¬
gade.
§ 14. When any company now formed, or hereafter Quartermaster
to be formed in accordance with the provisions and re- ^&cTduties
quirements of the foregoing sections of this act, may of'
desire the use of any of the public arms of this state
for military exercise, it shall be lawful for said company
to elect a quartermaster for said Company, who shall
hold his office for the term of four years, if not sooner
removed by some rule or military law, whose election
shall be certified by the commander of said company
to the commandant of his proper regiment, and by said
commandant to the governor, who shall cause a com¬
mission to issue accordingly ; and such quartermaster,
when elected, commissioned and qualified, according to
military laws and usages, shall keep and use the com¬
mon seal of the company, and sue and be sued in its
name, of and for the benefit or liabilities of said com¬
pany or body politic, and shall execute all bonds re¬
quired to enable the company to which he is quarter¬
master, to draw public arms, and have the custody and
control of all such arms as at any time may belong to
such company or be in their possession.
TRAININGS, DRILLS AND REVIEWS.
Mesof^how' and ^ ^ be lawful for any member of a volun-
when performed teer company in this state, to perform militia duty at
any place within the brigade in which he resides: Pro¬
vided said duty be performed in said volunteer company,
and as a member of the same ; any law, usage or cus¬
tom, to the contrary notwithstanding.
CHAPTER VIII.
CONTESTED ELECTIONS.
Contested eleo- § 1. In any election for a commissioned, officer of
tions' militia or volunteers, if either candidate desire to con¬
test the correctness of the result thereof, he shall notify
in writing the officer ordering the same, and the person
declared elected, of such desire, within twenty days in
the election of a major or brigadier general, and within
ten days in the election of any other officer; and the
officer ordering the election, upon being so notified,
shall order the assemblage of a court of inquiry into
the facts of such election, and upon receiving the report
of such court, the officer ordering the same shall affirm
the correctness of the first result of such election, or
set it aside, and order a new election for such officer,
according to the opinion of the court of inquiry.
CHAPTER IX.
TRAININGS, DRILLS AND REVIEWS.
Annual drills. § p. There shall take place annually, within the
hounds of each regiment, whether of militia or volun¬
teers, at such time and place as the commandant of the
proper brigade or division or of the state, shall order,
a regimental training and review of all the troops and
companies attached to such regiment, which training
and review shall be attended by all the commissioned
and non-commissioned officers of the line and field
Notice given, having command within such regiment, forty days' no¬
tice of which shall be given in writing to the command¬
ants of regiments, thirty days' notice by them to the
TRAININGS, DEILLS AND KEVIEWS.
31
commandants of battalions; twenty days' notice by
tbern to commandants of troops and companies, and by
tliem to the other officers, musicians, and privates of
their respective troops and companies, ten days' notice
(by advertisement at three or more public places,)
through the orderly sergeant, or any commissioned of¬
ficer'of their companies respectively, or fifteen days'
notice by advertisement through a newspaper shall be
deemed sufficient.
§ 2. There shall also take place in each year, within Battalion train-
the bouuds of each battalion of militia or volunteers,lng'
at such time and place as the commandant of the proper
regiment shall order, or if there be at anytime an inde¬
pendent battalion of volunteers, at such time and place
as the commandant thereof shall order, a battalion pa¬
rade and training of all the troops and companies at¬
tached to such battalion, which shall be attended by all
the field officers and staff of the regiment to which such
battalion belongs, also the commissioned and non-com¬
missioned officers of the line of such battalion, of which
thirty days' notice in writing shall be given t'o the com¬
mandant of each battalion, and by him twenty days' NotiM
notice to the commandants of troops and companies,
and by them the same notice, and in the same manner,
as required in cases of regimental training, to the mem¬
bers of each troop and company.
§ 3. There shall be in each year, at least ten company company drills j
, n i -i, a i ia number of anHU«
musters of each volunteer troop and company, and ten aiiy.
of each militia company, of which the respective com¬
mandants shall give notice, as in the case of regimental
trainings and reviews, or notice at one muster of the
time and place of the next: Provided that no person proviso,
shall be fined for not attending any company muster,
regimental training and review, who shall make affida¬
vit that he had no knowledge thereof in time to reach
the place of rendezvous, unless the contrary conclusively
appear.
§ 4. The day previous to the battalion and regimen- ^for^ard™
tal parades, the commissioned and non-commissioned anddriii, (act of
officer j shall assemble for parade and drill, in such Feb° 3'18i0,)
manner as may be required by the commanding officer.
§ 5. Each regimental training and review of militia, drills^ whendto
and each company muster as aforesaid, shall commence commence,
by at least twelve o'clock noon, and shall continue no
Jonger than five hours, at the discretion of the com-
32 TRAININGS, DRILLS AND REVIEWS.
mandant; and each regimental training and review of
volunteers shall commence by the same hour of the first
day, and shall continue not exceeding three days, at the
discretion of the commandant.
§ 6. It shall be the duty of every non-commissioned
Militia; men, * . t y.m
offleersand pri- omcer and private or the line of militia or this state, to
vates, duties of. , f, i ,, i • -i • , , , .
appear at all company, battalion and regimental train¬
ings, reviews and parades required by law, armed with
Proviso a £un suitaMe for the manual exercise: Provided that
no one shall be returned, or being returned, shall be
fined for appearing without a gun, who shall make affi¬
davit before any justice of th'e peace, and file the same
with his captain, or before the court martial trying the
case, or who shall make oath before such captain or
other commandant of the compan}7, that he did not own
a gun at the time of the training, review, or parade in
question.
Act Dec. 9. i86i, § 7. It shall be the duty of the several major generals
Bec. s. 0f the militia of this State, to order all the commis¬
sioned officers in his division, whether of volunteer
Encam ment of corPs or mihtia, to assemble for encampment drill and
commfsdoned ° instruction at some central place, within their respective
officers. divisions, once in each year, which said encampment
shall continue for not less than four nor more thau ten
days in each year: Provided the expenses of said en¬
campment shall in no case be a charge against the
State.
Act Dec. 9 1861 § commissioned officers who shall fail to com-
section3.' ' ply with the provisions of the preceding section of this
act, when ordered to do so (unless prevented by sickness
or good cause) shall be subject to be fined, accordingto
Penalty. pis to an amount not exceeding one-third the
amount now prescribed by the first section of the 18th
chapter of the military code of this State.*
(See Chap. 13. Pains, penalties, fines and forfeitures.)
*If any person calls or orders out any of the militia of this stite on auy
day on which any general election is held except in case of insurrection or
invasion, or exc pt in obedience to some civil magistrate, to suppress riots,
or enforce the law, he is guilty of a misdemeanor, and on conviction thereof
must be fined not less tlmn three hundred dollars.—[Code of Ala., § G84.J
Mir,IT ART COURTS.
33
CHAPTER X.
MILITARY COURTS.
§ 1. Whenever necessary upon military principles, Military courts;
courts martial, or military, courts of inquiry may be how organized-
ordered by the proper officer, to consist, unless other¬
wise specially directed by law, of not less than five or
more than thirteen commissioned officers, one of whom
shall in all cases be of at least equal grade with the
person whose rights shall be involved in any decision of
such court; and a majority of such court shall always
govern their decisions.
§ 2. Any disinterested commissioned officer of militia who may sit in
or volunteers shall be competent to sit in any suchcourt*
court, if of sufficient rank, and otherwise qualified to
try the question involved.
§ 3. Whenever charges shall be preferred against any how11
officer, non-commissioned officer, musician or private, proceededon.
a court martial for his trial shall be detailed as follows,
to wit: If against a major general, or any officer com¬
manding as such, or any member of a division staff or
the governor's staff, the governor shall detail the court,
to consist of no officer under the rank of colonel; if
against a brigadier general, or officer commanding as
such, or any member of a brigade staff, the major gen¬
eral or officer commanding the division comprehending
the brigade, shall detail the court of officers above the
rank of captain belonging to the division ; if against a
colonel, lieutenant colonel, or major, or officer com¬
manding as such, or any commissioned officer of a reg¬
imental staff, the brigadier general, or officer command¬
ing the brigade comprehending the regiment to which
the accused belongs, shall detail the court of officers
above the rank of lieutenant, attached to such brigade;
if against a captain or inferior commissioned officer, or
non-commissioned officer, musician or private, the com¬
mandant of the regiment to which the accused belongs
shall detail the court of officers attached to such regi¬
ment: Provided that every court martial oi; court of Proviso,
inquiry shall keep a full record of all its proceedings, ^autakeep°a re-
o cord of their pro-
° ceedings.
34
MILITARY COURTS.
including all evidence adduced before it, and its deci¬
sion of each case, and shall remit the same to the officer
ordering or detailing such court, in ten days after the
adjournment, who shall, in five days after the receiving
of the same, approve or disapprove such decision; and
if he disapprove the decision, he shall immediately re¬
assemble the court, and remand the case for further
proceedings, with his reasons for so doing; and the
second decision of the court shall be final, and shall be
again reported to the officer ordering the court, whose
duty it shall be to have the decision carried into execu¬
tion, unless it be one subject to the revision of the gov¬
ernor, in which case he shall immediately transmit the
final decision of the court to the executive officer.
Brigade courts § addition to the duties imposed upon the brig-
martiai. adier generals, in the preceding section, they shall ap¬
point annually brigades court martial, for the trial of
all defaulters belonging to their respective staffs, and
Jurisdictica ot commandants of any regiment in their respective
brigades that may be defaulters, and any appeals that
may be taken from regimental courts martial to said
brigade court martial, and the fines assessed at such
court martial shall be certified by the president thereof
and placed in the hands of the brigade paymaster,
whose duty it shall be to cause the same to be collected
in the manner now provided by law for the collection
Payot fiues- And such fines, so assessed, when collected
shall constitute a fund for the use of the brigade, and
be applied to the payment of the expenses incurred by
the officers in going to, attending on and returning from
such court martial, each of the members of which shall
be entitled to two dollars for every day's attendance at
such court and ten cents for every mile travelled in
going to and returning from the same, to he paid by the
paymaster of said brigade, on the certificate of the
president of such court, out of any money thus raised,
in his hands.
Additional pow- And said brigade courts martial shall further have
•Create new regi- power to create new regiments, or alter and change the
-vu"ramichange ^ra^ts °f fhose already created ; and when any uncer-
iiwits. taiuty as to the boundary of any regiment shall appear,
it shall be the duty of the brigadier general of the
proper brigade to designate its proper boundary, in a
general drcler, which designation shall be binding until
it shall be otherwise ordered by a court martial of said
MILITARY COURTS.
35
brigade, which shall have full power to establish the
same.
§ 5. The president and judge advocate of any court
as aforesaid, shall be designated in the order detailing
such court, and if the president fail to attend, or be
absent from the court, the senior officer present, if of
equal or superior grade with the officer charged, shall
preside; and if no officer of sufficient grade be present,
the court shall adjourn from day to day until the presi¬
dent or some officer of sufficient grade to preside shall
arrive, or until another president of the court appointed
by the officer ordering the same shall arrive; and if the
judge advocate designated in the order shall fail to attend ^dbgee a^poSd
or be absent from the court, another judge advocateh* coun-
may be appointed by the;.,court; and it shall be the duty ^ .
of the judge advocate offiany such court to act also as 1S uies'
clerk of the same, and to return the proceedings and
decision under the direction of the court to the officer
ordering the same, whose duty it shall be, when he ap¬
proves the decision, or when it becomes final, to pre¬
serve the whole proceedings as an official document,
and to transmit it to his successor in office.
§ 6. The president and other members of any court oath to be taken;
martial, before entering on the discharge of their duties istered.
as a court martial, shall take an oath, to be administered
by the judge advocate of such court, impartially and
according to the law and the evidence adduced before
the court, to decide the case or cases which they have
been detailed to try; and the judge advocate shall take
an oath, before entering on the discharge of his duties
in any such court, to be administered by the presiding
officer of the court, well and truly to discharge his of¬
fice of judge advocate of such court according to law
and military usage; and every such court shall have
authority to appoint a provost marshal to attend it, who Provost marshal,
shall perform such duties to said court as are usually
required of such officers.
§ 7. The commanding officers of regiments shall, at
the time appointed for each regimental training, appoint place, ana say
a place and time not less than ten nor more than twenty martiaTshlu be
days after the time of such training, for the sitting of aheId-
regimental court martial for the trial of all officers,
musicians, and privates of such regiment who shall have
failed to attend such training, as required by law, or
who shall attend such training without being uniformed
36
MILITARY COURTS.
or armed and equipped as required by law, or who shall
commit any other offence of omission or commission
against the military laws of this state at such training,
or previous thereto and subsequent to the previous an¬
nual training of such regiment, which shall be punish¬
able by fine, except such offences as shall be cognizable
before a company or battalion court martial, unless
brought up by appeal; which regimental court martial
Murumartiai* shall consist of the field officers and commandants of
companies of the respective regiments, every five of
818' whom, including one of the field officers, shall consti¬
tute a competent court to do business over which the
highest officer present shall preside; and such court
shall appoint the regimental adjutant, or in his absence
some other person, judge advocate, and some one else
provost marshal thereof, who shall perform the duties
to such court usually incumbent on such officers; and
Notice. each defaulter or other person to be tried before such
court shall receive at least five days' previous notice of
the time and place of holding the same, and of the
offence alleged against him, by personal service or in
writing left at his usual place of abode, through the
adjutant or sergeant major of the regiment, if he be a
staff or commissioned officer, and through a sergeant
of the company, if he be a non-commissioned officer,
musician, or private; and no officer shall sit in such
court on the trial of his own cause, nor shall any such
court decide any charge of delinquency or misconduct
of the commandant of the regiment, but if any such
be made it shall certify the same to the commandant of
the brigade, who'shall detail a brigade court martial, as
aforesaid, for the trial of him and such other command¬
ants of regiments as may be thus reported delinquent
in duty.
Battalion courts § 8. There shall be holden battalion courts martial
martial. £01, ^jie c]efauiters battalion musters, which
courts martial shall be ordered by the commanding of-
Act Feb 3 isle ^cers battalions, and held within twenty days after
" the respective battalion musters, and shall consist of
not less than seven commissioned officers.
Company courts § ^ There shall be a company court martial for the
martial. trial of persons who fail to attend any company muster,
or commit any other default or violation of duty in re¬
lation thereto, or who, attending such muster, shall
then and there commit any offence punishable by fine
MILITARY COURTS.
37
only, which court martial may he held at the next com¬
pany muster; of which court martial each delinquent
to be tried thereby shall have at least five days' notice Notice,
through a non-commissioned officer of the proper com¬
pany, or ten days' notice thereof shall be given (by ad¬
vertisement at three 01* more public places) through the
orderly sergeant or any commissioned officer of the Act Feb. 3, isio.
proper company ; and the commissioned officers of any
company, if there be two, shall constitute such court;
and if there be only one or no commissioned officer, the
commandant of such company shall associate with him¬
self two non-commissioned officers of such company, to
constitute such court.
§ 10. Any person aggrieved by the decision of any apSea7"
company, battalion, or regimental court martial for the y-*ppea-
trial of delinquencies punishable by fine only, may,
within ten daj-s after the adjournment of any such court,
upon application to the president of the court, appeal
from a company or battalion court martial to a regi¬
mental court martial, and if from a regimental court
martial to a brigade court martial ; but no more than
one appeal shall be allowed in the same case. And
when an appeal shall be applied for, the appellant, be- Apeiiant shaii
fore it shall be granted, shall enter into bond in double glve bond'
the amount of the fine, with good security, payable to
the paymaster of the proper regiment for the time being
and his successors in office, conditioned that the said
appellant shall satisfy the senf^nce of the appellate
court, or that the security will do it for him ; and in
case the appellate court shall affirm in whole or in part
the decision of the court from which the appeal shall
be taken, the said appellate court shall render sentence
against both the appellant and his securities in the ap¬
peal, who shall be liable to joint process for its collec¬
tion.
§ 11. All courts martial and of inquiry, as aforesaid, courts martial;
shall have the same power to compel the attendance ofpowcn' of-
witnesses as is vested in courts of civil jurisdiction in
this state, and the presidents thereof shall issue sub¬
poenas for witnesses at the instance of any party con¬
cerned, which shall be served by the sheriff of the
proper county or the martial of the court.
§ 12. The judge advocate of any court martial or Judge advocate;
court of inquiry other than regimental and battalion COmpeusatlonof-
courts for the trials of defaulters at trainings or dribs,
88
MILITARY COURTS.
shall receive four dollars per day for his services while
engaged in such court, to be paid out of any money in
the state treasury not otherwise appropriated, upon the
certificate of the president of the court; and such of¬
ficer, for his services in any regimental or battalion
court martial for the trial of defaulters, shall receive
the sum of four dollars per day, to be paid out of the
regimental funds, upon the certificate of the president,
or out of the battalion funds, when such battalion is
independent.
sentence of.the § 13. Any sentence of a court martial to deprive an
approved!' be individual of life shall require unanimity in the court,
and be approved by the governor of the state before it
shall be carried into execution,
copy of charges §14. Whenever a court martial or of inquiry shall
party chargedoa detailed for the trial of the investigation of the con¬
duct of any officer or private, the officer ordering any
such court shall, at the same time, cause a copy of such
order and of the charges or grounds of investigation to
be made, and as soon as practicable to be served on the
party implicated iu such trial or investigation.
General provi- § 15. In all other respects not herein provided for,
awns. institution, prosecution, and defence of charges
against any officer or private of the military force of
this state, or of investigations into the conduct of any
such officer or officers, and the proceedings of any court
detailed for such purpose, shall be conducted according
to the rules and articles of war, and the army regula¬
tions of the Confederate States and the approved prece¬
dents of military usage, so far as not inconsistent with
the constitutions and laws of this state and of the
Confederate States.
e of § 16. Ten days' notice (by advertisement at three or
Act Feb?8,1840. more public places) through the orderly sergeant or any
commissioned officer of a company of any company,
battalion, or regimental court martial, shall be deemed
sufficient notice of such court martial: Provided that
no person shall be subject to any penalty for non-
attendance who shall make affidavit that he had no
knowledge thereof in time to reach the place of holding
said court, unless the contrary conclusively appear.
DETAILS AND DRAFTS.
39
CHAPTER XI.
DETAILS AND DRAFTS.
§ 1. "Whenever a requisition shall be made upon the Requisition
military force of this state for the service of the Con-howfllled-
federate States, and the men required cannot be raised
by voluntary enlistment, it shall be the duty of the com¬
mandant of each company required to furnish any portion
of such force to subject to a draft by lottery all the non¬
commissioned officers and privates legally enrolled or lia¬
ble to enrollment in his company, able at the time to per¬
form military service, for the purpose of designating the '
individual or individuals who shall be detailed from said
company, in fulfilment of the requisition made thereon : Proviso
Provided, That each division, brigade, regiment, battal¬
ion, troop, or company, that has furuished or shall here¬
after furnish a drafted or volunteer force for military ser¬
vice under the general government, shall not be liable to
a draft until each other division, brigade, regiment, battal¬
ion, troop and company in the state shall have furnished
for the same service its quota of men in due proportion
to the whole number of men liable to draft within each
of said subdivisions: And provided, also, That each in¬
dividual who has performed or may hereafter perform a
tour of military service, as a drafted man or volunteer
under the general governmen, shall not be drafted for
a similar service until each other individual in the same
company to which he belongs shall have performed an
equal tour of service, as aforesaid; and any person Sa^furnTsiTsub-
drafted, as aforesaid, shall be permitted to furnish in stitute-
his stead an able bodied free white man as a substitute:
Provided, That if two or more officers of the same
grade shall volunteer to command any corps of drafted
men, the one having precedence in rank shall be entitled
to the command: and if any two or more shall be of
equal age, they shall draw for precedence.
§2. Whenever a requisition, as aforesaid, shall be Requisition by
filled by drafts to the extent of a platoon or companyd™^ how offi-
from the same regiment, and no appropriate officer or
officers of the regiment shall volunteer to take com¬
mand ; it shall be the duty of the commandant of such
40
details and drafts.
regiment.to select by lot from all the officers of the same
grade and command in the regiment an officer or of¬
ficers of the proper rank to command such platoon or
company; and should there be more than one company
drafted in a regiment, the whole shall be officered in
the same manner as above prescribed.
§ 3. In case of a requisition upon the company to
which any person belongs who shall enter the service as
a substitute before his term of service as such substitute
shall have expired, such substitute shall be subject to
draft as the other members of his company, and if
drafted, the person whom he substituted shall take his
place in the detachment (or furnish a substitute therefor,)
and serve therein until the expiration of the first tour,
when said substitute shall join the second detachment
and relieve the principal or his second substitute; and
every person who shall furnish a substitute, as aforesaid,
shall, notwithstanding, be subject to perform all ordi¬
nary military and patrol duty,
officers and pri- § 4. If any commissioned officer, selected as aforesaid,
vateswhen draf- or non-commissioned officer, or private, drafted as afore-
ted; their duties n 7 *
said, and ordered to rendezvous on a certain day and at a
specified place, shall fail to do so on the day and at the
place specified, or any such non-commissioned officer or
private shall fail to offer a substitute, as aforesaid, it
shall be the duty of the commandant of the regiment
to which any such offioer or private belongs, to detail a
court martial, as soon as practicable, for the trial of
such delinquent, and if any officer or private, selected
or drafted as aforesaid, shall fail to appear, as aforesaid,
or any non-commissioned officer to furnish a substitute,
as aforesaid, the deficiency occasioned thereby shall be
supplied from the regiment or company to which such
„ , delinquent shall belong; and in case any such delin-
How proceeded o 7 •/
againac for de- quent be arrested, and shall not be sentenced to death,
imquency. b0lmc}? jn addition to the fine and other
punishment which may be imposed upon him, if a
private, to take the place of the individual who shall
have been drafted to supply his place, and if an officer,
to take the ranks as a private and serve the full term
for which he had been selected or drafted, unless the
person apprehending such delinquent be a militia man
in service, in which case the apprehender shall be entitled
to a discharge, and the person apprehended shall be put
in his place for the balance of the campaign; and if any
DUTIES, POWERS AND PRIVILEGES.
41
person not in the service at the time shall apprehend
and deliver to the commanding officer any officer or
private selected or drafted, as aforesaid, who fails to
attend the rendezvous, as aforesaid, or absconds, such
person so apprehending and delivering such delinquent
shall be entitled to a certificate therefor, and be credited
for a tour equal to that which the person apprehended
shall be subject to serve.
CHAPTER XII.
DUTIES, POWERS, AND PRIVILEGES.
§ 1. "Whenever any invasion of the state or insurrec¬
tion therein shall be threatened or made, the comman- fa°u'oSt'Sntia
der-in-chief shall call upon the militia to suppress or ^sf0nppress in"
repel the same; and he may order out any divisions,
brigades, regiments, battalions, troops, or companies;
or may order to be detached any parts, troops, or com¬
panies of the same, or any number of men to be drafted
from the same, and may cause officers to be detailed suf¬
ficient, with those attached to the troops, to organize
the forces; and if such invasion or insurrection, or any
imminent danger thereof, in any part of the state, shall
be so sudden, that the commander-in-chief cannot be
informed, and his orders received and executed in season
to resist and suppress the same, any commanding officer
of a division in such part of the state may order out his
division.or any part thereof, in the same manner as the
commander-in-chief might do; and when any troops
are in the field for such purpose, the senior officer of the
troops present shall command until the commander-in-
chief or some officer of proper rank detailed by himself
shall take the command.
§ 2. The governor, as commander-in-chief of the mili- Governor to be
tary force of the state, shall exercise a general super- chiXander"in'
vision of its organization and discipline, and from time
to time communicate to the legislature any alterations
and improvement which he may deem advisable; and
whenever in actual command of the forces of tfie state
in the service of the Confederate States, his rank shall
be that of general in chief, and shall be superior in
grade and authority over the forces of his own state, to
42
DUTIES, POWERS AXD PRIVILEGES.
any other officer, except alone the president of the Con¬
federate States.
§ 3. Repealed by act of Feb. 3, 1854, (page 40.)
Military posts; § 4. The governor may, at his discretion, aid aud assist
lsslstnin ™reyct- ^he citizens of any portion or the state in erecting tern-
ing. porary works and means of protection, and may estab¬
lish and have built redoubts and military posts, as he
shall deem necessary and best calculated to promote the
common defence of the state; he shall have authority
to select some temporary place of safety, and deposit
May remove such portion of the public arms, ammunition and mili¬
arias, &c. tary s^oreg a£ any time deposited in any arsenal of this
state, as circumstances may require; and when in his
opinion necessary, shall provide and furnish sufficient
guards to protect guards to protect any public arsenal until it shall be
arsenal. found expedient to call into the public service detach¬
ments of the militia or volunteers for that purpose; he
shall from time to time examine or cause to be ex¬
amined, by an appropriate officer, the situation of any
nafexammed!6*arsenal of the state; and shall require security of the
keeper of any such arsenal; remove him for negligence
or other improper conduct, or for incapacity to perform
the duties devolved upon him as such; and in case of
removal, shall appoint another to supply the vacancy
shaii collect and occasioned by such removal. He shall take the neces-
Tbiic'arms1'6 sar^ sfePs f° collect all the public arms and accoutre-
ar ' ments not in the possession of some legally organized
troop or company, and shall reissue such as are fit for
use, to any legal volunteer troop or company applying
for public arms; and such as are unfit for use, he shall
cause to be repaired or otherwise disposed of according
to law.
officers; charges § 5. It shall be the duty of the governor, whenever
against, how •, . , ... , , 0 . ,
preferred. any charge is submitted angamst any major general or
any member of a division staff, against the adjutant or
quartermaster general of the state, or any of his own
aids, or whenever any dereliction of duty on the part of
either of said officers, shall come under his own obser¬
vation, or within his own knowledge, to order a court
martial or court of inquiry, as the case may require, for
the trial or investigation into the conduct of such of-
Governor shaii ficer, charged or derelict in duty. His excellency, the
ascertain proper ' tut -11 • i 1
uniform,&c. governor of this state, shall be, and he is hereby re¬
quired to ascertain from time to time the proper uniform
DUTIES, POWERS AND PRIVILEGES.
43
of the Confederate States army, and cause a description
thereof to he published.
§ 6. Each major general shall have the chief military Major general;
command within his division subject alone to the legalftesof!anddu'
order of the governor bommunicated to him, and shall
exercise a general supervision of its organization and
discipline; he shall require and enforce a strict com¬
pliance on the part of the brigadier generals within his
command, with their various duties, and shall arrest
either of them, or any one of their staff for any breach
or omission of duty, and order his trial by a proper court
martial; he shall review the officers and volunteers of
his division at least once in every two years during their
annual regimental trainings; and when intending so
to do, may designate by general order, the times and
places of such trainings, consistent with the governor's
orders for that purpose, or if the governor shall have
issued no orders on the subject, then in time for the
brigadiers to extend them to their regiments; and he
may review the militia at any of their regimental train¬
ings; and for that purpose, may designate by general
order the times for such trainings, giving timely notice
to the brigadier to enable him to extend his orders to
the commandants of regiments according to law.
§ 7. Each brigadier general shall have the chief mili- Brigadiergener-
tary command within his brigade, subject alone to the dutle^T and
legal orders of the major general commanding his bri¬
gade communicated to him, and shall exercise a general
supervision of its organization and discipline; he shall
require and enforce a strict compliance on the part of
the several commandants of regiments within his bri¬
gade, with their various duties, and shall arrest either
of them for any breach or omission of duty, and order
their trial by a proper court martial; he shall attend
and review the militia annually at their regimental
trainings; and for that purpose, shall designate the time
thereof by general order, not inconsistent with any or¬
der of the major general of his division, and issue spe¬
cial orders to each commandant of a volunteer company Aot Feb l 18g
in his regiment to cause his command to appear at the
time and place of such review; and cause the public
arms to be inspected by the assistant adjutant general
of his brigade, and if such arms, on inspection, are
found to be out of order, to cause that fact to be certi¬
fied to the quartermaster general, who shall, if such
44
DUTIES, POWERS AND PRIVILEGES.
certificate shows the arms to he seriously damaged, take
immediate steps to preserve, or recover them, and in¬
stitute proceedings to recover proper damages, as now
provided by law.
Adjutant and in- § The adjutant and inspector general of this state
shaii°ke^eilros' keep a full roster of all the commissioned military
ters of ail com- officers of the state upon the most improved pfian,
tory'officer™'11" taking care to correct the same from time to time ac¬
cording to the returns of elections received at the execu¬
tive office; he shall distribute all military orders from
the governor, and when so ordered by him, shall make
details on the several divisions of the state; he shall
attend all public reviews when the governor shall review
any portion of the military forces of the state; and he
shall at the same time inspect the same; he shall an¬
nually furnish blank forms of the different returns that
are or may be required in time to be used by the several
returning officers, and shall explain the principles on
% which they shall be made; he shall receive at the execu¬
tive office from the respective returning officers through-
shaii receive re-ou^ ^he state, the returns of the strength and condition
ttren th and. ^ie miktary forces of the state; and shall do and
eondilonTf mi- perform everything else required or which may hereaf-
litm. ter ke reqlllre(j 0f by ffie laws of the state, or
which by military usage, belongs to the duties of his
, office; he shall receive a compensation of four dollars
Compensation of « * -1 iiimi a i
for each and every day he shall be engaged m the actual
discharge and fulfillment, of his official duties, or in
travelling on official business; which shall be paid out
of any money in the state treasury not otherwise ap-
Paid out of the • j. i j.i i. *.• u- i.
state treasury, propriated, upon the presentation of his account, spe¬
cifying the dajTs employed, sworn to by him, and certi¬
fied by the governor to be correct; and the adjutant
general shall keep his office at the seat of government:
Proviso. Provided, That if at any time the public service shall
render it expedient, the governor may order his tempo¬
rary removal to any other part of the state.
Quartermaster § 9. The quartermaster general of this state shall also
oommissirygen- commissary general of the state, and shall be respon-
erai; his duties, sible for the performance of all the duties properly be¬
longing to either department, whether specified' by
statute or not; he shall be charged with the care of all
public military stores, such as arms, ammunition, tents,
camp equipage, &c.; he shall ascertain the state and
condition of all the military property of the state m
DUTIES, DOWEES ATTD PRIVILEGES.
45
different parts; he shall require reports of the various
quartermasters who now have, or shall have any public
property in possession; shall correspond in relation to
and take the necessary steps to claim and receive the
just proportion of the state, in amount and kind of
arms from the general government; and whenever any
part of the military force of this state shall be called
into the actual service of the state, he shall, on the
requisition of the governor, furnish such arms, ammu¬
nition, camp equipage, &c., as shall be in his possession,
or within his control; he shall enter the field whenever m .. . „
' . - i-n-i-i- Shall enter the
the governor himself takes command or shall order him field; when,
into service; and when in actual service, he shall per-Duties when in
form all such duties as are performed by a quartermastersemce-
general in the Confederate States service; he shall keep
a register of all arms, accoutrements and military stores
belonging to the state, which have been, now are, or
may hereafter be in his possession, and an account of
all such which have been or may hereafter be with¬
drawn from his possession, and the requisition upon
which they have been or shall be drawn ; he shall
whenever required, give the governor a full account of
the quantity, state and condition o± all the public arms,
ammunition, camp equipage and other military stores,
and shall every two years, report the same, together
with everything else relating to his office, to the legis- genera?Pa°/stm°
lature early in the session; he shall, upon requisition^-
of the governor, furnish to legally organized volunteer
troops or companies, such arms and accoutrements as
he may at the time have in his possession, upon the
quartermaster of any such troop or company entering
into such bond and security for their safe keeping and
ultimate return to the state when demanded, as shall
be satisfactory to the brigadier general of the proper
brigade. Such bond to be made payable to the quar¬
termaster general of the State of Alabama for the time
being and his successors in office. He shall enter intoshaii give bond,
bond payable to the governor for the time being and
his successors iti office, with security in the sum of five salary,
thousand dollars, for the faithful performance of his
duties, and shall receive a salary of three hundred
dollars per annum, to be paid as other salaries of state
officers are paid; and that said quartermaster general Act feb. i.ism.
be authorized to employ an armorer to keep the public employed.0 be
arms now in, or which may hereafter be returned to the
46
DUTIES, POWERS AND PRIVILEGES.
arsenal in good order, and that the sum of one hundred
Salary, and fifty dollars is hereby appropriated to pay said
armorer, which shall be drawn quarterly by said quar¬
termaster general, in the same manner as his salary,
above specified, is drawn.
AssistantrBdju- § 10. It shall be the duty of the assistant adjutant
speciaiduties'of. general of each brigade to attend one day at each regi¬
ment within his brigade previous to the regimental
parade, and drill the commissioned officers belonging
to said regiment. And he shall be entitled to receive
compensation, for his services three dollars per day, to be paid out of
any fines assessed by the regimental court martial in
each regiment, and three dollars for every thirty miles
he may travel in attending said drills. And he shall
General duties, discharge all other duties required of him by law or
military usage.
Brigade quarter- § H- It shall be the duty of the brigade quartermaster
dutiefofspecial ea°h brigade in this state, where there may be any
public arms or accoutrements to collect the same and
cause them to be preserved from damage, and make a
report thereof to the quartermaster general: Provided,
The said brigade quartermaster shall not be authorized
to take from the possession of any volunteer company
any arms they may be legally in possession of. And he
General duties shall perform all offier duties required of him by law
of- and military usage.
c xr ~ , § 12. The various staff officers of the state, of divis-
Staff officers, du- . ° . . • ' .,
ties of. ions, brigades and regiments, shall perform all such
duties relating to the state of their respective divisions,
brigades and regiments, or when called into actual ser¬
vice or detailed upon special duty, as are or may be re¬
quired of such officers in the army of the Confederate
States, or by the laws of this state, or military usage,
and they shall be responsible for the prompt and faithful
discharge thereof.
§ 13. The adjutant general of the divisions and the
made.s,bywhom assistant adjutant general of brigades, shall make all
details, in pursuance of orders from the major or brig¬
adier general, as the case may be, and shall keep at all
times a full and correct roster of the commissioned of¬
ficers and the strength and condition of their respective
divisions or brigades, and also a record of the orders
and other official acts which shall be committed -to
writing of their respective principals, and shall several}1,
submit the same when legally required, to the inspec-
DUTIES, POWERS AND PRIVILEGES.
41
tion of any military tribunal before which the general
to whose staff he belongs shall be on trial upon charges
exhibited against him, or an investigation into his offi¬
cial conduct.
§ 14. Each adjutant of regiments shall attend all Adjutants- du
regimental and battalion trainings, assist in the reviewstieaof-
and evolutions, keep at all times a full and correct ros¬
ter of all the officers and of the strength and condition
of the regiment, obey and distribute ail legal orders of
the field officers of his regiment communicated to him ;
serve all process directed to him to be executed on the
officers of his regiment, and to return them to the
proper officer or court; keep a full and complete record
of regimental and battalion orders and of the written
proceedings of the field officers of his regiment; make
and register all details made on his regiment lor any.
service or duty ; muster, inspect and deliver to the as¬
sistant adjutant general every detachment from his
regiment, if required, and furnish to him a complete
return, thereof; and shall receive for his services such His compensa-
compensation as may be allowed him by the court mar-tlon; how paid-
tial of his regiment, to be paid by the paymasters
thereof, out of any of the moneys in his possession as
such, belonging to the regimental fund not otherwise
appropriated, on the certificate of the commandant of
such regiment.
§ 15. It shall be the duty of the regimental quarter Regimental
master to attend all regimental and battalion trainings, duuese™.aster'
reviews and parades; and under the direction of the
commanding officers to choose a place of parade, so as
not to interfere with any public road, and with a guard
to provent disturbances from spectators; he shall, on
order from the commanding officer, purchase instru¬
ments of music, colors for the regiment, &c., and apply
to the paymaster for payment for the same, which draft
shall be paid out of the regimental fund.
§ 1G. It shall be the duty of the regimental pay- Paymaster; du-
master to attend all regimental and battalion trainings,tiesof-
reviews and parades, and to aid in the execution of the
orders of the commanding officer he shall receive all
moneys collected for fines by the sheriff or constable,
and receipt for the same; he shall account to the regi¬
mental court martial at every annual session, for the
amount of fines received and how expended; he shall,
on order of the commandant of the proper regiment
48
DUTIES, POWERS AND PRIVILEGES.
pay the quartermaster for expenses incurred, the adju¬
tant for services performed and the assistant adjutant
general for services rendered by him under the tenth
section of this chapter; and he shall retain as a com¬
pensation for his services, six per centum out of the
moneys received by him.
shall give bond. § 17. The paymaster of the several regiments now,
or which may hereafter be established, shall give bond
and security payable to the governor and his successors
in office, in the sum of one thousand dollars, for the
faithful and punctual performance of all their duties as
such, to be approved by the commandant of their regi¬
ments, and by him filed in the office of the judge of
probate of the county in which the regiment lies of
which they are paymasters ; which judge shall take the
probate of some witness to such bond or the acknowl¬
edgment of the obligor thereto, and shall file and re¬
cord any such bond in his office ; a transcript of which
record duly certified by the judge of said court, under
his official seal, or sworn to be such transcript by a
competent witness, shall be sufficient evidence against
the parties thereto, in any court in this state.
Commandants of § 18. Commandants of regiments, battalions, troops,
regiments, bat- , -in i • , .
tahons, troops and companies, shall possess and exercise promptly,
duties°o7.pames; faithfully and efficiently the chief military authority
within their several commands, subject alone to the or¬
ders of their immediate superiors, and shall supervise
and enforce the performance of all duties required by
law of those officers under their authority, and shall
perform all duties specially required by law of them
respectively and shall distribute and enforce all legal
orders communicated to them by their several imme¬
diate superiors.
smuiamen and § ^9> jvp0 officer or private of the militia or volunteers
officers) privile- « . , iiii ii , ,
gesof. or this state shall be arrested by any civil process while
going to, continuing at or returning from any muster,
training, drill, court martial, court of inquiry or other
military meeting required or authorized iii this state ;
and every arrest or execution of the person or horse of
any such officer or private by virtue of any such process
at such time, is hereby declared void; and every person
subject to military duty or detailed on a court or sum¬
moned as a witness going to or returning from any mil¬
itary meeting or court as aforesaid, shall be permitted
to pass all ferries, bridges and turnpikes free of expense;
DUTIES, TOWERS AND PRIVILEGES.
49
and all arms and other necessary military accoutrements
of any officer or private of the militia or volunteers of
this state shall be free and exempted at all times from
distress, either by attachment, execution or other legal
process.
§ 20. The militia or valunteers of this state when in Troops, how fur
the actual service of the state, shall be furnished,mshedandpaid'
clothed, provisioned, governed and paid to the same
extent and in the same manner as the Confederate States
troops of the same description are; and when in actual
service or when on parade or encamped for the purpose
of drill, review or training, they shall be subject to the
rules and articles and regulations prescribed for the
government of the armies of the Confederate States, so
far as the same are nqt inconsistent with the laws of
this state.
§ *21. Every commissioned officer of the militia or
Volunteers of this state, shall after six months from the
reception of his commission, appear on all military oc¬
casions fully uniformed and equipped according to his
rank, and in the style prescribed to officers of the sev¬
eral rank and class of troops in the army of the Con¬
federate States: Provided that this act shall not be so
construed as to prevent officers of volunteers from ap¬
pearing in the proper uniform of their respective com¬
panies ; And, provided also, that no officer of the
militia of this state, under the rank of major, shall be
subject to fine for not appearing in uniform if they
Bhall wear a sword and belt, a plume and cockade, and
an epaulette, distinctive of their rank; and no officer
shall be subject to fine for not wearing a sash.
§ 22. Every person who has heretofore served, or shall
hereafter serve or complete a service of seven years
continuously as a commissioned officer in the militia or
volunteers of this state, fully uniformed and equipped
in a style suitable to his rank, shall be exempted from
all military duty in this state, except in cases of immi¬
nent danger, insurrection or invasion: Provided that
such officer shall first obtain a certificate to that effect
from a regimental court martial, if he be an officer un-
Note.—Section 21 is by act of December 5, 1861, suspended during the
pendency of hostilities between the Confederate States and the government
of the United States.
4
DUTIES, POWERS AND PRIVItEOES.
der the grade of colonel commandant, or from a gen¬
eral officer or general court martial, if he be an officer
above the rank of lieutenant colonel.
Commissioned §23. Every commissioned officer of the military force
fromworkSgon ^is state, who shall uniform and equip himself in
roads. the style required by law, 'and obtain a certificate of the
fact from the commandant of his regiment, brigade or
division, shall thereafter be exempt from working on
roads so long as he shall continue in any such office,
uniformed and equipped as aforesaid.
Vacancy of; by § 2d. lu every case of vacancy in any military office,
whom ailed. or 0f temporary absence or promotion of any offi¬
cer, the next officer in rank in the same command shall
perform the duties, and possess the power and authority
pertaining to the vacant office, or to the officer absent
or prorpoted during the continuance of such vacancy,
absence or promotion ; and every officer temporarily
filling another office, shall be responsible during his
continuance therein for a faithful discharge of its du¬
ties, and be liable, according to law, for any delinquency
in such office.
Commandant; § 25- The commandant of any troop, company, regi-
powers and du- meat, brigade or division, shall have power to draw on
168 °' the fund belonging to his command, in the possession
of an}'- paymaster, to defray the expense of employing
special messengers for the conveyance of urgent inform¬
ation or orders connected with his official duties ; to
compensate the adjutant or other officer allowed com¬
pensation for his services; to purchase such military
articles as shall be for the common use and benefit ot
his entire command, such as instruments of martial
music, military banners, stationery for courts martial,
&c., and to pay postage incurred on official communi¬
cations.
... § 26. All officers of the militia and volunteers of this
Officers shall ° in • i t • i« i •
train and anil state, shall tram and discipline their respective com-
tactics ofCon~ 3 mands according to the appropriate tactics enforced at
" the time in the army of the Confederate States, or ac¬
cording to such system of discipline as is or shall be
prescribed by congress for the militia of the several
states.
vacancy of. sue- § 27. "Whenever any military office shall become va-
?esf°rfinti/led cant by the death, resignation, or removal of the in-
*o hooks, &e. •/ ' ? 11 i •-!! a j i i i
cumbent, his successor shall be entitled to all the books,
official documents, &e., belonging to said office.
federate States
army.
PAINS, PENALTIES, FINES AND FORFEIT DEES.
51
CHAPTER XIII.
PAINS, PENALTIES, PINES AND FORFEITURES.
§1. A fine within the following limits, in addition Fines; by whom
to any other punishment prescribed by law, shall be as-aasesaed-
sessed by a competent court martial, for any failure or
refusal of any commissioned or non-commissioned of¬
ficer, musician or private of the militia or volunteers of
the state to perform any of the duties required of either
of them, by the laws of this state, or of the Confed¬
erate States, or by the rules and articles of war, when
in force in this state, or to obey the lawful order or
command of any superior military officer of this state,
that is to say :
On any officer of the rank, or performing the duties Limits of.
of major or brigadier general, for each failure or refusal
as aforesaid, not exceeding the sum of two hundred
dollars, except in the case provided for in sections three
and four, chapter fifth.
On any officer of the rank, or performing the duties
of colonel, for each failure or refusal as aforesaid, not
exceeding the sum of one hundred and fifty dollars.
On any officer of the rank, or performing the duties
of lieutenant colonel or major, for each failure or re¬
fusal as aforesaid, not exceeding the sum of one hun¬
dred dollars.
On any officer of the rauk, or performing the duties
of captain, for each failure or refusal, as aforesaid, not
exceeding the sum of seventy-five dollars.
On any officer of the rank, or performing the duties
of any commissioned officer below the grade of captain,
for each failure or refusal as aforesaid, not exceeding
the sum of fifty dollars.
On any non-commissioned officer or musician, for
each failure or refusal as aforesaid, not less than three
dollars nor exceeding ten dollars.
On any private, for each failure or refusal as aforesaid,
not less than one dollar nor exceeding three dollars.
§ 2. Any officer or private of the military force ofpenaityforreiu-
this state, when lawfully detailed or drafted for the ser- t0 "ad¬
vice of the state or general government, and ordered to
52
PAIN'S, PENALTIES, PINES AND POKFEITUPES.
repair to a specified place of rendezvous, who shall fail
or refuse to do so without good excuse, shall suffer death,
or such other punishment as a competent court martial
shall inflict: Provided, That no sentence of a court
martial extending to the loss of life of any officer or
private, or the dismission of a commissioned officer
from office, shall be carried into execution until after
the whole proceedings of the court in such ease shall
have been transmitted to the governor of this state, for
his confirmation or disapproval and orders in the case.
For refusal to §3. Any officer or private of the military force of
order°sUt °r °bey state, who shall fail or refuse to turn out on the
order or command of his proper officer, in any case or
supposed case of imminent danger, insurrection or in¬
vasion, shall be fined by a competent court martial in a
sum of not exceeding five hundred dollars, and may be
subjected to such other punishment as a court martial
shall inflict.
Pines; certified § 4. All fines imposed by any court martial in this
to, by whom, state, on officers, musicians or privates, shall be certified
collectivel}7 or separately, as the case may require, by
the president of the court, assessing the same, who shall
immediately after the time for appeals shall have
elapsed, if no appeal be taken, deliver such certificate
to the paymaster of the regiment within whose bounds
the delinquent or delinquents shall have resided, at the
time the penalty or penalties shall have been incurred;
which paymaster shall record the same in a book to be
kept by liim for the purpose, and then deliver it to the
constable of the company beat, or the sheriff of the
county within whose bounds the delinquent or delin¬
quents shall reside, for collection, taking a receipt
therefor of such sheriff or constable, who are hereby
respectively required to give such receipt; and every
such certificate of a president of a court martial, shall
have the effect and force of a fieri facias, and shall be a
sufficient warrant to any such sheriff or constable to
levy and collect the amount of the fine or fines certified
to have been assessed as aforesaid, by levy on the goods
now collected, and chattels, or lands and tenements of the delinquent
or delinquents, respectively named in such certificate;
and in any case of levy as aforesaid, such proceedings
shall be had thereon in every respect as are required
upon executions from a justice of the peace, or the cir¬
cuit courts, according as the amount of the fines in the
PAINS, PENALTIES, FINES AND FORFEITURES.
53
particular shall be over or under the sum of fifty dol¬
lars. And every such constable or sheriff to whom
such certificate shall be delivered as aforesaid, shall, as
soon as practicable, not exceeding sixty days, in any
instance from the time any such certificate shall be
delivered to him, collect and pay over to the paymaster
delivering such certificate to him as aforesaid, or to his
successor in office, the full amount of the fines certified
therein, unless prevented from collecting the same or
any part thereof, for the want of property in the delin¬
quents or any one or more of them; and if in any case
the whole or any part of the fines so certified, shall not
be made as aforesaid, the paymaster or his successor in
office, may at any future time re-issue such certificate
as aforesaid, or a certified copy thereof, or of such part
as may be necessary, upon which the money not made
on the first issuance, may be levied and made as afore¬
said, and so on as often as may be necessary until the
whole of such fine shall be collected as aforesaid.
§ 5. The constable or sheriff shall be allowed for col-collecting; o®-
lecting each fine, as aforesaid, the same fees as are al-ccrsfees of-
lowed by law for collecting a similar amount upon an
execution from a circuit or justice's court.
§6. Should any constable or sheriff who shall have H(W proceeded
received any certificate, as aforesaid, fail to collect and *fcfofdu"ynes"
pay over or to account for to the proper paymaster with¬
in the time required by law, the amount of fines assessed
and certified to him, as aforesaid, or any part thereof,
the said paymaster may recover of such constable or
sheriff* the amount he shall have failed to pay over or
to account for, as aforesaid, together with ten per cent,
damages, by motion before any court having jurisdic¬
tion of the amount, after giving said sheriff or consta¬
ble three days' notice in writing of such motion; and
should such paymaster fail in any such motion, he shall
pay the cost thereof out of any money he may have
or receive as paymaster as aforesaid. And in ail cases
of proceedings in law by any paymaster, as aforesaid,
he shall be a competent witness.
§ 7. All fines originally imposed by a troop or com- ^nes to^onsti-
pany court martial shall constitute a fund for the benefit forwhatVrpJ&sa
of such troop or compauy; those imposed by a battal¬
ion or regimental court, a fund for the benefit of the
regiment, or if the battalion be independent, of the
battalion; those imposed by the brigade court, a fund
54
PAINS, PENALTIES, PINES AND FORFEITURES.
for the benefit of the brigade; and those imposed by. a
court detailed by a major general or the governor, a
fund for the benefit of the division within whose limits
the delinquent shall reside at the time of his delin¬
quency; and it shall be the duty of each paymaster to
place all sums received by him to the credit of the fund
of the proper troop, company, regiment, brigade, or
division; and each of said funds shall be kept subject
to the drafts of the commander alone of the division,
brigade, regiment, battalion, company, or troop to
which it shall belong,
incompetent of- § 9. If any military officer after his election shall be-
penaect with.^s" come permanently incompetent on account of any men¬
tal or bodily infirmity, to discharge the duties of his
office, and he will not resign, he may be dismissed from
such office by the sentence of a competent court martial.
Act Feb i is5s Provided, that the commandants of companies shall not
be required to return a list of fines to the paymaster of
the regiment, but shall themselves perform all the duties
of paymasters, so far as relates to the collection of fines
assessed against defaulters at their own musters, and
certify annually, by the first day of November, to the
paymaster of the proper regiment, what amount of
fines has been collected in their respective beats, and
to what purpose applied since their last annual reports,
or since the first day of November preceding; and the
misapplication of the funds coming into the hands of
the commandant of a company under the provisions
of this section, shall be cause of removal from office of
such officer.
Act Dec. 9, i86i, § 10. All property held and owned by any man sub-
No'property ex-ject to militia duty shall be liable for any fines which
empt from fines. may imposed by law, for neglect or failure to per¬
form the duty required of any such defaulter.
The act "to provide for an efficient military organization of
the State of Alabama," on this page, was repealed by the act
of November 11th, 1861. The repealing act was overlooked
nntil this Code was in press.
APPENDIX.
AX ACT
To provide for an efficient Military organization of
the State of Alabama.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened, That there shall be enrolled, under the pro¬
visions of this act, not more than eight thousand one
hundred and fifty men, who shall be styled " the Vol-Volunteercorp8<
uhtecr Corps of the State of Alabama," and shall be
furnished as. follows: From the county of Autauga, 155
men ; Barbour, 2-45 men ; Baldwin, 46 men ; Bibb, 100
men; Cherokee, 140 men; Choctaw, 86 men; Clarke,
100 men ; Coffee, 60 men; Conecuh, 96 men ; Coosa,
150 men; Covington, 44 men ; Bale, 65 men; Dallas,
300 men; Blount, 76 men; Butler, 250 men; Cham¬
bers, 200 men ; Calhoun, 170 men; Marion, 70 men;
Marshall, 90 men ; Mobile, 750 men; Monroe, 120 men;
Montgomery, 300 men; Morgan, 100 men ; Perry, 200
men ; Pickens, 200 men ; Pike, 164 men ; DeKalb, 85
men; Fayette, 100 men; Franklin, 200 men; Greene,
300 men; Henry, 93 men ; Jackson, 145 men; Jeffer¬
son, 92 men; Lauderdale, 170 men; Lawrence, 150
men ; Limestone, 150 men ; Lowndes, 200 men; Macon,
200 men; Madison, 250 men; Marengo, 250 men;
Randolph, 120 men; Russell, 200 men; St. Clair, 70
men; Shelby, 100 men; Sumter, 200 men; Talladega,
190 men; Tallapoosa, 160men; Tuscaloosa, 150 men;
"Walker, 54 men; Washington, 50 men; Wilcox, 150
men ; Winston, 44 men.
Sec. 2. Be it further enacted, That whenever any num¬
ber of men, not less than forty-four nor more than
56
APPENDIX.
eighty, all of whom shall be over eighteen years of age,
and able bodied men, shall be desirous of organizing a
company under the provisions of this act, they shall
Number of men. enroll their names and proceed to the election of com¬
pany officers, who shall immediately transmit to the
Governor a roll of the company and officers elected,
with the name of the company under oath of the cap¬
tain, and one or more lieutenants, and the Governor
shall thereupon issue commissions to the captain and
lieutenants of such company, and the same is thereby
constituted a part of the volunteer corps of the State of
A-labama.
Sec. 3. Be it farther enacted, That the volunteer com¬
panies heretofore organized and incorporated by the
various acts of the general assembly, may become a
part of the volunteer corps hereby intended to be estab-
nie with gover- lished by filing with the Governor a roll of such com-
nor a roii of such pa,ny, designating its officers, and asking to become a
company. ^ volunteer corps ot the state, all of which
shall be sworn by the captain and one or more lieuten¬
ants ; and the Governor shall therepon issue commis¬
sions to the captain and lieutenants, and such company
is thereby constituted a part of the volunteer corps of
the State of Alabama: Provided, the companies char¬
tered at the present session of the legislature, accepting
the provisions of this Act, shall not be exempt from
road service.
Provisions of act Sec. 4. Be it further enacted, That all volunteer com¬
panies constituting the volunteer corps of the State of
Alabama, so soon as they are commissioned, under the
provisions of this act, are incorporated under their
several names, respectively, and by such names may
sue and be sued, plead and be impleaded, buy and sell,
and do all other acts which bodies corporate may of
right do and perform, not inconsistent with the provis¬
ions of this act; they shall be exempt from militar3r
duty, except as herein provided. A certificate from the
commanding officer of any company, certifying that the
bearer is, and has been an acting member of such com¬
pany in full uniform for six months, shall entitle such
Go vsmor to sup ni,ember to said exemption. The governor shall im¬
ply arms. mediately supply all the companies organized under
this act, with arras and accoutrements, upon the execu¬
tion of bonds by the officers of such company with
proper security, payable to the quartermaster general
APPENDIX.
of tlie state for the return of the same, should such
company disband or a majority of it fail to answer a
call to actual service.
Sec. 5. Be it farther enacted, That each member of the
volunteer corps shall be liable to do patrol duty, when Patrol duty
detailed by the proper officer of his company, and shall when,
have the same powers and privileges, and be subject to
the same liabilities as are now or may hereafter be pro¬
vided by law for the patrols of this state.
Sec. 6. Be it further enacted, That there shall be to
each company one captain, three lieutenants, four ser¬
geants, four corporals, one clerk, who shall act as judge
advocate, one treasurer and collector, and two musi¬
cians, all of whom shall be elected by the company,
voting by ballot, and shall hold their office for the term
of two years, unless legally removed; it shall be the
duty of each captain or officer in command of a com-®11''68-
pany to enforce strictly within his company, the mili¬
tary laws of this state. He shall assemble his company
at least twelve times a year, for public parade and in¬
struction, and shall drill and exercise it in the school of
the soldier and company ; he shall, between the first
day of October and the first clay of November of each
year, make out and transmit to the adjutant general of
the state, a full and complete return of the actual con¬
dition of his company, showing the number of active
members, the number, kind and condition of the arms,
and all other military stores or property of the state in
possession of his company. He shall at each muster,
detail a court marshal, to try all defaulters in violation
of military discipline, or breach of the by-laws of the
company.
Sec. 7. Be it further enacted, That each company or¬
ganized under the provisions of this act, sjiall establish
such rules and regulations for their own government, ^
_ o ». . ' Kules ana regu
and for the enforcement of company regulations as they lations.
may deem proper, not inconsistent with the provisions
of this act, or in anywise restraining the enforcement
of the strictest military discipline.
Src. 8. Be it further enacted, That the clerk shall keep Fines,
a list showing the amount of the fines assessed against
each member of the company, by each courts martial,
which list shall be certified by the president of the court,
and countersigned by the clerk, and then presented to
the captain of the company for his approval, and when
58
APPENDIX.
approved by him shall have the force and effect of an
execution at law, and it shall be the duty of the treas¬
urer to collect the same, and for that purpose he is in¬
vested with power to levy upon and seize any property
of such defaulter, and sell the same as constables are
now by law authorized to levy upon and sell property
under execution; and if any fine is not collected, such
certificate may be re-issued by the Clerk from time to
time, until the same is paid ; and all fines collected shall
constitute a part of the company fund.
Sec. 9. Be it further enacted, That the tax collector of
each county in this state, shall annually collect from
each white male citizen of this state, between the ages
of eighteen and forty-five the sum of twenty-five cents,
Military tax. ' as a military tax, except only those who belong to the
volunteer corps, or have performed militia duty under
the militia laws of this state, during the last preceding
tax year, and for the purpose of enabling the tax col¬
lector to determine who are entitled to the exemption
herein named; it shall be the duty of the captain of
each volunteer company, and of any organized militia
company, to file with the tax collector a list of their
companies under oath, naming the persons who have
actually performed their duty as required by law, as
members of such volunteer or militia company, and the
tax collectors shall receive no other proof of such ex¬
emption, and he shall also collect from each tax payer,
except those who are enrolled in the volunteer corps,
under this act, and those who have actually performed
militia or military duty under the laws of this state, to
be ascertained as above in this section provided, five per
cent, on his, her or their state tax, which shall be kept
separate and paid over to the controller of the state, as
a military fund : and any person, not a member of the
Exemption. volunteer corps, desirous of exempting himself from
the performance of militia duty, shall pay to the tax
collector five dollars, and also ten per cent, on the
amount of his state tax, as a commutation tax; there¬
upon the tax collector shall give him a receipt for the
same, which shall be received as evidence before any
court or courts martial, and secure such person an ex¬
emption from the performance of militia duty for the
next succeedidg twelve menths, and also from the pay¬
ment of the military tax for the year for which the
commutation tax is paid.
appendix.
59
Sec. 10. Be it further enacted, That it shall be the duty
of each tax collector to enter the names of all persons
paying military or commutation tax, in a book kept for
that purpose, which shall be deposited in the office of
the judge of probate, with the tax books, and to send
a copy therefrom, and also of the rolls of the volunteer
and militia companies under oath to the controller of
public accounts, to whom he shall pay over said mili¬
tary and commutation tax, for which service he shall be
entitled to the same compensation as now provided for
the collection of the state tax ; and for any default or
failure to discharge any of the duties required of him Forfeiture,
by this act, he shall forfeit the sum of one hundred dol¬
lars, to be recovered before any court of competent
jurisdiction, one-half for the use of the county, and the
other half for the use of any person suing for the same,
and he and his securities on his official bond shall be
liable for all the moneys collected under the provisions
of this act, in the same manner and to the same extent
as they now are or may hereafter be for state taxes.
Sec. 11. Be it further enacted, That the controller of
public accounts shall keep an account of the military Fund,
and commutation tax, paid to him by the tax collectors
of the several counties, as a military fund.
Sec. 12. Be it further enacted, That each company
forming the volunteer corps of the State of Alabama,
shall annually receive as a company fund, for defraying company fund,
a part of the necessary expenses of such company, as
follows: artillery and cavalry, at the rate of seven dol¬
lars per man ; infantry, five dollars per man, for each
active member of such companies.
Sec. 13. Be it further enacted, That to entitle any vol¬
unteer company to receive any portion of the military
fund, there must be a list of such company filed with
the adjutant general of the state, stating the number of n°- of men, &c.
men, including officers, who have been continuously
active members of such company for twelve months,
last preceding, which statement must be sworn to by
the captain and one lieutenant, before some civil officer,
qualified to administer oaths; the adjutant general shall
thereupon certify the number to the controller of pub¬
lic accounts, which certificate shall be countersigned by
the governor; the controller of public accounts, shall
thereupon draw his warrant on the treasury for such
sum as will be at the rate of seven dollars per man, if
60
APPENDIX.
said company be artiller3T or cavalry, and at the rate of
five dollars per man, if it be an infantry company, in
favor of the captain of the same, to be paid out of the
military fund, and if there should not be a sufficient
amount of the military fund in the treasury to pay the
sums above specified per man, then the same shall be
paid out pro rata.
Sec. 14. Beit farther enacted, That should any county
fail to supply the number of men allotted to it within
six months after the passage of this act, any other ad-
Deficiency. joining county may supply such deficiency, and any
adjoining county failing to supply the number allotted
to it within twelve months from the passage of this act,
any other county may supply such deficiency,
control of the Sec. 15. Be it further enacted, That the volunteer corps
governor. raised under the provisions of this act, shall be subject
only to the order, direction and control of the governor,
unless they should be called into actual service, and
then they may elect their own field officers.
Sec. 16. Be it further enacted, That the number of
county or mo- men be furnished from the county of Mobile, may
feiie. be made up in part by the acceptance of the services of
the first volunteer regiment of Alabama, in said county,
and commanded by its present officers, and their duly
elected successors : Provided, the compauies composing
said regiment shall, within six months after the passage
of this act, comply with the provisions of the third sec¬
tion thereof.
Sec. IT. Be it further enacted, That the governor, ad¬
jutant and inspector general, and the quartermaster
Mmtary com- general, al'e hereby constituted a military commission,
miesiofl. who shall have power to make such additional rules and
regulations for the purpose of carrying out the provisions
of this bill, as they may deem proper; they shall also
adopt a state flag, and prescribe a uniform for the vol¬
unteer corps.
Sec. 18. Be it further enacted, That it shall be the duty
of the governor, either in person or through the adju-
Revietf- ^ant an(^ inspector general to review each company or¬
ganized under the provisions of this act, either as a
company or in battalion or regimental line, once during
his term of office, but he shall not for this purpose order
the companies out of their respective counties.
Sec. 19. Be it further enacted, That the sum of $200,-
000, if necessary, is placed at the disposal of the gov-
appfndix.
61
crnor, to enable him to cany out the provisions of this
act, but it shall not be lawful for him to expend for
arms in behalf of any company, except artillery com¬
panies, a greater sum than $25 per man, of such corn-
pan}^.
Approved, February 24, 1860.
AN ACT
For establishing Rules and Regulations for the govern-'
ment of the Army of the State of Alabama.
Section 1. Be it enacted by the Senate and House of
Bepresentatives of the State of Alabama in General Assembly
convened, That the "articles of war," as established by
an act of Congress of the United States, approved April £™Joresu,a-
10th, 1806, together with the several amendments and el-ate States,
modifications thereof, extracted from various acts 0fadopted-
said Congress, and published in the army regulations of
1857, by order of the Hon. Jefferson Davis, Secretary of
War, be and the same are hereby adopted for the gov¬
ernment of the army of the State of Alabama, whether
regulars or volunteers in active service, with the follow¬
ing alterations and amendments: that is, insert " Gov-Alterations ana
ernor " in the place of " President" wherever it occurs, amendments'
and insert "State of Alabama" in the place of "United
States" or "United States of America," wherever they
occur; insert " Adjutant General" in the place of " De¬
partment of War " and " Secretary of War," wherever
these terms occur; strike out, in art. 5th, the words
"the President of the United States against the Yice
President thereof, against the Congress of the United
States, or against the Chief Magistrate or Legislature
of any of the United States," and substitute in their
stead "the Governor of the State of Alabama, the
President or Yice President of the Southern Confedera¬
cy, should one be formed of which Alabama is a mem¬
ber, against the Congress of such Confederacy, oragainst
the Chief Magistrate or Legislature of any State of
such Confederacy." In the 10th article, strike out the
form of the oath therein prescribed, and substitute the
following: "I, A. B., do solemnly swear or affirm, (as oath of aiiegi-
the case may be,) that I will bear true allegiance to the ance*
02
appendix.
State of Alabama, and, in case a Confederacy is formed,
of any seceding states, including said State of Alabama,
that I will bear true allegiance to such Confederacy, and
that I will serve said State and said Confederacy honest¬
ly and faithfully against all their enemies and opposers
whatsoever; and will observe and obey the orders of
the Chief Executive of said Confederacy, or of the Ex¬
ecutive of Alabama, if the same is not formed, and the
orders of the officers appointed over me, according to
the rules and articles for the government of the armies
#of said Confederacy or said State;" and to art. 100 add
these words, " which must be understood to include both
volunteers and militia, when called into active service,
auy law, rule or regulation to the contrary notwith¬
standing."
Approved, February 8, 1861.
AFT ACT
To authorize the appointment of additional Lieuten¬
ants, and for other purposes.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened, That the governor be and he is hereby author¬
ized to appoint, in the regular army, and to cause to be
and°etectioft of elected in the volunteer service, whenever, in his judg-
Int8nd iieuten* ment, the public interest may require it, two second
lieutenants to any company, provided there shall not
be in any one company more than four commissioned
officers.
„ „ w Sec. 2. Be it further enacted, That whenever the gov-
Companies may in • , i i t i i»
consist of one ernor shall so appoint, or cause to be elected, an audi-
leas than seven- tional second lieutenant, that he may, at his discretion,
ty-five men. require the said company to be composed of one hundred
men, rankand file, and such company shall not consist
of less than seventy-five men.
Sec. 3. Be it further enacted, That the rank of the said
governor.4 by second lieutenant shall be fixed by the governor, when¬
ever their commissions bear the same elate.
Governor to Sec. 4. And be it further enacted, That whenever a com-
tobe6 reSSfted pany is accepted with a less number than seventy-five
ard.roper Btand" men, or whenever its rank shall, from any cause, fall
APPENDIX.
63
materially below that number, the governor may, in his
discretion, cause said ranks to be recruited to the
requisite standard of men in the regular service.
Sec. 5. And be it further enacted, That as some differ- Number of non-
ences have arisen as to the number of uon-commis-^™s;8i^®dap,
sioned officers to which each company is entitled, and pointed!
the manner of their appointment, it is hereby declared
that there shall be four sergeants and four corporals to
each company, to be appointed by the colonel or com¬
mandants of the regiments, upon the recommendation
of the captain or commander of a company; the orderly
to be selected from the sergeants thus appointed.
Approved, February 8, 1861.
AN ACT
To provide for the election of certain militia officers of
the State of Alabama.
Sec. 2. Be it further enacted, That in all cases where m adier epgf
there are two or more regiments in the same county, it ai toadefinf0regi-
shall be the duty of the brigadier general in command ments'
of such regiments, to define the boundary line between
said regiments.
Sec. 3. Be it further enacted, That all volunteer regi- Election of oa-
ments and companies, organized under the laws of this regimmt°a™nder
state, on' giving ten days' notice, shall hold elections comPftniS8'
for their officers, and report to the governor of the
state, except those companies and regiments which
have been organized and have re-elected their officers
since the passage of the ordinance to re-organize the
militia of the state of Alabama, of the 23d day of Jan¬
uary, 1861.
Approved, Februry 8, 1861,
o
>■
No. of Regiments,
O
rip p
£• a
3 sj
§ 3
o> co
O
-<a
| Brigadier G-enerals,
W
| Aids-de-Camp.
<rt}
| Bigade Majors and lnspeotors.
cfl
| Brigjde Quartet-Masters.
| | No. of Regiments.
1 ! ntry.
| | No. of Companies of Cavalry.
| | No. of Companies of Artillery.
| | No. of Companies Light Inf'try.
| | No. of Companies of Riflemen.
| | Colonels.
| | Lieutenant-Colonels
p
| | Majors.
p
j | Adjutants.
| | Quarter-Masters.
cio
| ) aymasters.
| | Chaplains.
a
2*
| | Surgeons.
p
| | Surgeons' Mates.
p
d
P-
| | Captains.
| | Lieutenants.
| | Ensigns.
cd
| | Sergeant-Majors.
P
| | Quarter Masters' Sergeants.
| | Drum and fife Majors,
| | Sergeants.
| | Corporals.
[ | Drummers, Filers and Buglers.
1
Privates.
Aggregate, including commis¬
sioned and non-commissioned
officers, musicians and privates
•xia-kaadY
*9
Brass pounders.
Brass pounders.
Brass pounders.
Brass pounders.
Iron pounders.
Iron pounders.
Iron pounders.
Iron pounders,
inch howitzers,
inch howitzers.
Sponges and rammers
Ladles and worms.
Bricoles ds drag ropes
Trail handspikes.
Lead aprons.
Ammunition boxes.
Caissons.
Ammunition wagons.
Tumbrils or pow. carts
Sets of harness.
Rounds of shot & shell
Pounds canon powder .
In possession of the
troops.
In the State arse¬
nals or laborato¬
ries, or in posses-!
sion of officers,!
undistributed, j
Muskets.
Bayonets.
Cartridge boxes and belts.
Bayonet scabbards and belts.
Brushes and picks.
*
Ball screws and worms.
Spare Flints.
Ball Cartridges .
Rifles.
.*
Powder Horns.
Pouches.
Loose Balls.
Pounds of rifle powder.
Horseman's pistols.
Swords.
Sword scabbards and belts.
Knapsacks.
Canteens.
Haversacks,
Drums.
-
Fifes
Bugles and trumpets.
>
tzS
t7<
w
I—t
p
w
w
W
o
o
tef
i-I
Jz!
d
d
66
APPEND X,
UNIFORM AND DRESS
op the army of the confederate states.
Head Quarters, If
Office of the Adj't and Inspector General, j
Montgomery, Ala., March 28,1860.
General Order:
No. 1. The following description of uniform for the volunteer
corps of Alabama, having been prescribed by the military com¬
mission appointed under act of the general assembly, entitled
" An act to provide for an efficient military organization of the
state of Alabama," will be strictly conformed to with the excep¬
tions hereinafter specified, and will be rigidly enforced.
Volunteer companies who have heretofore organized and have
procured their uniforms, desiring to avail themselves of the pro¬
visions of said act are permitted to do so and wear their old uni¬
forms until the first day of January, 1862: Provided, That if any
such company from choice or necessity should desire to change
their uniform, then such company must adopt the uniform herein
prescribed:
Description of Uniform.
1. The cloth used for all the different corps shall be the same.
2. For coats—dark blue cloth.
3. For pants—Cadet gray cloth.
4. Trimmings of each corps shall be the same as that prescribed
for the Confederate States service with the following exception:
The buttons to be stamped with the letters A. V. C., denoting
Alabama Volunteer Corps.
5. The caps worn by the West Point cadets is adopted for the
entire corps, with the following addition: that the letters A. V.
C., are to be placed on the cap below the eagle
The regulations of the Confederate States army giving full de¬
scription of the uniform are herewith published for the informa¬
tion of companies and to which they are referred, observing par¬
ticularly the changes above made.
APPENDIX.
67
Plates showing the style of the uniform will be furnished to
companies as soon as they can be procured.
By command of the Governor,
S. P. NESMITII,
Adj't and Inspector General.
COAT.
For Commissioned Officers.
1. All officers shall wear a frock-coat of dark blue cloth, the
skirt to extend from two-thirds to three-fourths of the distance
from the top of the hip to the bend of the knee; single-breasted
for captains and lieutenants; double-breasted for all other grades.
2. For a major general—two rows of buttons on the breast, nine
in each row, placed by threes; the distance between each row,
five and one-half inches at top, and three and one-half inches at
bottom; stand-up-collar, to rise no higher than to permit the chin
to turn freely over it, to. hook in front at' the bottom, and slope
thence up and backward at an angle of thirty degrees on each
side, making the total opening in front an angle of sixty degrees;
cuffs two and one-half inches deep, to go around the sleeves parallel
with the lower edge, and to button with three small buttons at the
under seam; pockets in the fold of the skirts, with one button at
the hip, and one at the end of each pocket, making four buttons on
the back and skirt of the coat, the hip button to range with the
lowest on the breast; collar and cuffs to be of dark blue velvet ;
lining of the coat black.
3. For a brigadier general—the same as for a major general,
(par. 2,) except that there will be only eight buttons in each row
on the breast, placed in pairs.
4. For a colonel—the same as for a major general, (2;) except that
there will be only seven buttons in each row on the breast, placed
at equal distances; collar and cuffs of the same color and material
as the coat.
5. For a lieutenant colonel—the same as for a colonel, (4.)
6. For a major—the same as for a colonel, (4.)
7. For a captain—the same as for a colonel, (4,) except that there
will be only one row of nine buttons on the breast, placed at equal
distances.
8. For a first lieutenant—the same as for a captain, (7.)
9. For a second lieutenant—the same as for a captain, (7.)
10. For a brevet second lieutenant—the same as for a captain, (7.)
68
APPEKDTX.
For Enlisted Men.
11. The •uniform coat for all enlisted men shall be a single
breasted frock of dark blue cloth, with a skirt extending one-half
of the distance from the top of the hip to the bend of the knee.
12. For a sergeant major and quartermaster sergeant of artillery
•—one row of nine buttons on the breast, placed at equal distances;
stand-up-collar, to rise no higher than to permit the chin to turn
freely over it," to hook in front at the bottom, and slope thence up
and backward at an angle of thirty degrees on each side, making
the total opening in front an angle of sixty degrees; cuffs pointed
according to pattern, and to button with two small buttons at the
under seam; collar and cuffs of scarlet cloth; on both sides of the
collar, near the front, the number of the regiment in yellow metal
one inch long; on each shoulder a scarlet worsted epaulette ac¬
cording to pattern; narrow lining for shirt of the coat of same ma¬
terial and color as the coat; pockets in the folds of the skirts with
one button at the hip to range with the lowest buttons on the
breast; no buttons at the ends of the pockets.
13. For a sergeant major and quartermaster sergeant of infan¬
try—the same as for artillery, (12,) except that the collar and cuffs
will be of light or Saxony blue cloth; and the epaulettes of light
or Saxony blue worsted.
14. For a sergeant major and quartermaster sergeant of riflemen
—the same as for artillery, (12,) except that the collar and cuffs
will be of medium or emerald green cloth ; and the epaulettes of
medium or emerald green worsted.
15. For a sergeant major and quartermaster sergeant of dra¬
goons—the same as for artillery, (12,) except that the collar and
cuffs will be of orange colored cloth; and that, instead of worsted
epaulettes, brass shoulder knots of the pattern now prescribed,
will be worn.
16. For a sergeant of artillery, infantry, riflemen and dragoons
—the same as for the sergeant major of those corps respectively,
(12, 13, 14, 15,) except that the worsted bullion of the epaulettes
will be according to pattern.
17. For a sergeant of light artillery—the same as for a sergeant
of artillery, (16,) except that brass shoulder knots (as for dragoons,)
will be substituted for worsted epaulettes.
18. For a sergeant of engineer soldiers—the same as for a ser¬
geant of artillery, (16,) except that the collar and cuffs will be of
the same material and color as the coat, but edged all around with
a yellow welt inserted in the seam; on both sides of the collar,
near the front, a castle of yellow metal one and five-eighths inches,
by one and one-fourth inches high, epaulettes of yellow worsted,
of the same size and foVm as for a sergeant of artillery, (16.)
APPENDIX,
69
19. For an ordnance sergeant—the same as for a sergeant of en¬
gineer soldiers, (18,) except that the collar and cuffs will be edged
with crimson instead of yellow, and that on the collar, on both
sides near the front, there will be a shell and flame of yellow metal,
two inches long; epaulettes crimson, the same size and pattern as
for a sergeant major of artillery, (12.)
20. For a corporal of artillery, infantry, riflemen, dragoons, light
artillery and engineer soldiers—the same as for a sergeant of those
corps respectively, (16, 17, 18,) except that the worsted bullion of
the epaulettes will be according to pattern.
21. For a private of artillery, infantry, riflemen, dragoons, light
artillery and engineer soldiers—the same as for a corporal of those
arms respectively, (20.)
22. For the enlisted men of ordnance—the same as for ordnance,
sergeants, (19,) except the epaulettes, which will be crimson, the
same size and pattern as for a private of artillery, (21.)
23. For a musician of artillery, infantry, riflemen, dragoons,
light artillery and engineer soldiers—the same as'for a private of
those corps respectively, (21,) with the addition of facing accord¬
ing to pattern, and corresponding in color with the collar and
cuffs.
24. For a principal or chief musician—the same as for a musi¬
cian of his regiment, (23,) with epaulettes or shoulder knots, as
for a sergeant major, (13, 14, 15.)
25. For a chief bugler—the same as for a principal or chief mu¬
sician, (24.)
26. On all occasions of duty, except fatigue, and when out of
quarters, the coat shall be buttoned and hooked at the collar.
BUTTONS.
27. For general officers and officers of the general staff—gilt,
convex, with spread eagle and stars and plain border; large size,
seven-eighths of an inch in exterior diameter; small size, one-half
inch.
28. For officers of the corps of engineers—gilt, nine-tenths of
an inch in exterior diameter, slightly convex; a raised bright rim,
one-thirteenth of an inch wide; device, an eagle holdiug in his
beak a scroll, with the word " Essayons," a bastion with embrasures
in the distance surrounded by water, with a rising sun ; the figures
to be of dead gold upon a bright field. Small buttons of the-same
form and device, and fifty-five-hundredths of an inch in exterior
diameter.
70
APPENDIX.
29. For officers of the corps of topographical engineers—gilt,
seven-eighths of an inch exterior diameter, convex and solid; device,
the shield of the Confederate States, occupying one-half the diame¬
ter, and the letters T. E. in old English characters the other half;
small buttons one-half inch diameter, device and form the same.
30. For officers of the ordnance department—gilt, convex, plain
border, cross cannon and bombshell, with a circular scroll over and
across the cannon, containing the words "Ordnance Corps;" large
size, seven-eighths of an inch in exterior diameter; small size, one-
half inch.
31. For officers of artillery, infantry, riflmen, and dragoons—
gilt, convex; device a spread eagle with the letter A. for artillery
—I. for infantry—R. for riflemen—D. for dragoons, on the shield;
large size, seven-eighths of an inch in exterior diameter; small size,
one-half inch.
32. Aides-de-camp may wear the button of the general staff, or
of their regiment or corps, at their option.
33. For all enlisted men—yellow, to correspond with those for
the officers of their respective corps, (28, 30, 31;) large size, three-
fourths of an inch in exterior diameter; small size, fifty-five hun¬
dredths of an inch.
TROUSERS.
34. The uniform trousers, for both officers and enlisted men,
will be of cloth throughout the year; made loose, and to spread
well over the boot; of white and light blue mixed, commonly
called sky blue mixture for regimental officers and enlisted men;
and of dark blue cloth for all other officers; reinforced for all
enlisted mounted men.
35. For general officers—plain, without stripe, welt or cord
down the outer seam.
36. For officers of the general staff and staff corps—with a
buff welt, one-eighth of an inch in diameter,'let into the outer
seam.
37. For regimental officers—with a welt let into the outer seam,
one-eighth of an inch in diameter, of the following colors: for
artillery, scarlet—1infantry, dark blue—riflemen, medium or emerald
green—dragoons, orange.
38. For all enlisted men—with a cord, one-eighth of an inch in
diameter, down the outer seam, of the following colors : for Ar¬
tillery, scarlet—Infantry, dark blue—Riflemen, medium or emerald
green—Dragoons, orange—Engineers, yellow—Ordnance, crimson.
APPENDIX.
71
CAP.
89. For all officers and enlisted men—dark blue cloth, according
to pattern ; crown of four upright pieces, height in front from
five and three-fourths to six and one-fourth inches along the front
seam; length behind, from seven and one-fourth to seven and
three-fourths inches along the back seam ; tip from five and one-
half to six inches in diameter, and inclining downward lightly
from rear to front when the cap is worn, (the dimensions given to
vary with the circumference of the head,) vizor of strong neat's
leather, two and one-fourth inches wide at the middle, black on
the upper and green on the under sides, to be put on at right
angles to the front of the cap, or in other words, to be horizontal
when the cap is worn ; strap of strong black leather fastening
tinder the chin by a yellow metal buckle and leather slide; band
two inches wide from the lower edge of the cap, and pointed in
front according to pattern, of material, color, and with ornament
as follows:
40. For general officers—band of dark blue velvet: with a gold
embroidered wreath in front, encircling the letters C. S. in old
English characters, in silver.
41. For officers of the adjutant general's, inspector general's,
quartermaster's, subsistence, medical and pay departments, and
the judge advocate of the army—band of the same material and
color as the cap, welted at the edges ; the same ornament in front
as for general officers, (40.)
42. For officers of the corps of engineers—the same as for the
general staff, (41,) except the ornament in front, which will be a
gold embroidered wreath of laurel and palm encircling a silver
turretted castle.
48. For officers of the corps of topographical engineers—the
same as for the general staff, (41,) except the ornament in iront,
which will be a gold embroidered wreath of oak leaves encircling
a gold embroidered shield.
44. For officers of the ordnance department—the same as for
the general staff, (41,) except the ornament in front, which will be
a gold embroidered shell and flame.
45. For officers of artillery—the same as for the general staff,
(41,) except the ornament in front, which will be gold embroidered
cross cannon, with the number of the regiment in silver, above
their intersection.
46. For officers of the infantry—the same as for the general
staff, (41,) except the ornament in front, which will be a gold em¬
broidered bugle, with the nymberof the regiment in silver, within
the bend.
72
APPEHDIX.
47. For officers of riflemen—the same as for the general stafl,
(41,) except the ornament in front, which will be a trumpet, per¬
pendicular, embroidered in gold, with the number of the regiment
in silver within the bend.
48. For officers of dragoons—the same as for the general staff,
(41,) except the ornament in front, which will be two sabres crossed,
(edges upward,) embroidered in gold, with the number of the
regiment in silver, in the upper angle.
49. For enlisted men of artillery, infantry, riflemen and dra¬
goons—bands of scarlet, light or Saxony blue, medium or emerald
green, and orange colored cloth, respectively, with the letter of
the company in front, of yellow metal one inch long. For engi¬
neer soldiers—band of the same material and color as the cap, but
edged with yellow, with a turretted castle in yellow metal, in front.
For enlisted men of ordnance—band of the same material and
color as the cap, but edged with crimson ; a shell and flame in
yellow metal, in front.
CAP COVER.
50. For officers and men—(to be worn in bad weather) black, of
suitable water proof material, with a cape extending below the
cap ten inches, coming well forward, and tying under the chin ;
according to pattern.
POMPOK
51. The pompon will be worn by all officers whenever the
epaulettes are worn, and by the enlisted men, on all duty under
arms; except when the cap cover, (50,) is put on.
52. For general officers—a gold embroidered net acorn, three
inches long, with a gold embroidered spread eagle, one and three-
fourth inches between the tips of the wings, and so attached to
the base of the pompon as to show in front of the cap below its
top.
53. For all other officers, and for all enlisted men—spherical,
two and one-fourth inches in diameter, and as follows:
For Commissioned Officers.
54. Of worsted, permanently attached at the base to a gold
APPENDIX.
netted circular ring two-thirds of an inch in diameter, by one-third
deep, with a gold embroidered spread eagle, as for general officers,
(52,) and of the following colors:
55. For the adjutant general's department—lower .two-thirds
buff, upper third white.
56. For the inspector general's department—lower two-thirds'
buff, upper third scarlet.
57. For the judge advocate—white.
58. For the quartermaster's department—lower two-thirds buff,
upper third light or Saxony blue.
59. For the subsistence department—lower two-thirds buff,
upper third royal or ultra marine blue. -
60. For the medical department—lower two-thirds buff, :upper
third medium or emerald green.
61. For the pay department—lower two-thirds buff, upper third
dark olive green.
62. For the corps of engineers and topographical engineers—
lower two-thirds buff, upper third black.
63. For the ordnance department—lower two-thirds buff, upper
third crimson.
64. For the artillery—scarlet.
65. For the infantry—light or Saxony blue.
66. For the riflemen—medium or emerald green.
67. For the dragoons—orange.
68. For the aids de camp—buff'.
69. For adjutants of regiments—same as for the adjutant gen¬
eral's department, (55.)
70. For regimental quartermasters—same as for the quarter¬
master's department, (58.)
For Enlisted Men.
71. Permanently attached at the base to a yellow metal circular
ring, two-thirds of an inch in diameter, by one-third deep, with
yellow metal spread eagle, one and three-fourth inches between
the tips of the wings, and so attached to the base of the pompon
as to show in front of the cap below its top ; according to pattern ;
and of the following colors : for artillery, scarlet—infantry, light
or Saxony blue—riflemen, medium or emerald green—dragoons,
orange—engineers, yellow—ordnance, crimson.
74
APPENDIX.
CRAVAT OR STOCK.
72. For all officers—black ; when a cravat is worn, the tie not
to be visible at the opening of the collar.
73. For all enlisted men—black leather, according to pattern.
BOOTS.
74. For all officers—ankle or Jefferson.
75. For enlisted men of riflemen, dragoons and light artillery—
ankle and Jefferson, rights and lefts, according to pattern, and in
the proportion as now for the light artillery.
76. For enlisted men of artillery, infantry, engineers and ord¬
nance—Jefferson, rights and lefts, according to pattern.
SPURS.
77. For all mounted officers—yellow metal, or gilt.
78. For all enlisted mounted men—yellow metal, according to
pattern.
GLOVES.
79. For general officers and officers of the general staff and staff
corps—buff or white.
80. For officers of artillery, infantry, dragoons and riflemen—*
white.
SASH.
81. For general officers—buff, silk net, with silk bullion fringe
ends; sash to go twice around the waist, and to tie behind the left
hip, pendant part not to extend more than eighteen inches below
the tie.
82. For officers of the adjutant general's, inspector general's,
quartermaster's, and subsistence departments, corps of engineers,
'topographical engineers, ordnance, artillery, infantry, riflemen and
APPENDIX.
75
dragoons, and the judge advocate of the army—crimson silk net;
for officers of the medical department—medium or emerald green
silk net; with silk bullion fringe ends; to go around the waist
and tie as for general officers, (81.)
83. For all sergeant majors, quartermaster sergeants, ordnance
sergeants, first sergeants, principal or chief musicians and chief
buglers—red worsted sash, with worsted bullion fringe ends; to
go twice around the waist and tie behind the left hip, pendant
part not to extend more than eighteen inches below the tie.
I 84. The sash will be worn (over the coat) on all occasions of
duty of every description, except stable and fatigue.
85. The sash will be worn by "officers of the day" across the
body, scarf fashion, from the right shoulder to the left side, instead
of around the waist, tying behind the left hip as prescribed, (81.)
SWORD BELT.
86. For all officers—a waist belt not less than one and one-half
inches, nor more than two inches wide ; to be worn over the sash;
the sword to be suspended from it by slings of the same material
a^i the belt upon which the sword may be hung, (97.)
87. For general officers—Russian leather, with three stripes of
gold embroidery, the slings embroidered on both sides.
88. For all other officers—black leather, plain.
89. For all non-commissioned officers—black leather, plain.
SWORD BELT-PLATE.
90. For all officers and enlisted men—gilt, rectangular, two
inches wide, with a raised bright rim; a silver wreath of laurel
encircling the "arms of the Confederate Stateseagle, shield,
scroll, edge of cloud and rays bright; stars also of silver; accord¬
ing to pattern.
SWORD AND SCABBARD.
91. For general officers—straight sword, gilt hilt, silver grip,
brass or steel scabbard.
92. For officers of the adjutant general's, inspector general's
76
APPENDIX.
quartermaster's, and subsistence departments, corps of engineers,
topographical engineers, ordnance, the judge advocate of the army,
aids de camp, field officers of artillery, infantry, and foot riflemen,
and for the light artillery—the sword of the pattern adopted by
the war department, April 9, 1850.
93. For the medical and pay departments-—small sword and
scabbard, according to pattern in the surgeon general's office.
94. For cavalry officers—sabre and scabbard now in use, accord¬
ing to pattern in the ordnance department.
95. For the artillery, infantry and foot riflemen, except the field
officers, (92,)—the sword of the pattern adopted by the war de¬
partment, April 9, 1850.
96. The sword and belt will be worn upon all occasions of duty,
without exception.
9T. "When on foot the sabre will be suspended from the hook
attached to the belt, (86.)
98. When not on military duty, officers may wear swords of
honor, or the prescribed sword, with a scabbard, gilt, or of leather
with gilt mountings.
SWORD-KNOT.
99. For general officers—gold cord with acorn end.
100. For all other officers—gold lace strap with gold bullion
tassel.
£BADGES TO DISTINGUISH RANK.
Epaulettes.
101. For the major general commanding the army—gold, with
solid crescent; device, three silver embroidered stars, one, one
and a half inches in diameter, and one, one and one-fourth inches
in diameter, and one, one and one-eighth inches in diameter,
placed on the strap in a row, longitudinally, and equidistant, the
largest star in the centre of the crescent, the smallest at the top;
dead and bright gold bullion one-half inch in diameter, and three
and one-half inches long.
102. For all other major generals—the same as for the major
general commanding the army, (101,) except that there will be
two stars on the strap instead of three, omitting the smallest.
APPENDIX.
11
103. For a brigadier general—the same as for a major general,
(101,) except that, instead of two, there shall be one star, (omitting
the smallest) placed upon a strap, and not within the crescent.
104. For a colonel—the same as for a brigadier general, (103,)
substituting a silver embroidered spread eagle for the star upon
the strap; and within the cresceut for the medical department—a
laurel wreath embroidered in gold, and the letters M. 8. in old
English characters, in silver, within the wreath ; pay department-
same as the medical department, with the letters D. P. in old
English characters ; corps of engineers—a turretted castle of
silver; corps of topographical engineers—a shield ebabroidere-d
in gold, and below it the letters T. E. in old English characters in
silver; ordnance department—shell and flame in silver embroidery;
regimental officers—the number of the regiment embroidered in
gold, within a circlet of embroidered silver, one and three-fourths
inches in diameter, upon cloth of the following colors: for artil¬
lery—scarlet; infantry—light or Saxony blue; riflemen—medium
or emerald green; dragoons-—orange.
105. For a lieutenant colonel—the same as for a colonel, (104,)
according to corps, but substituting for the eagle, a silver em¬
broidered leaf.
106. For a major—the same as for a colonel, (104,) according to
corps, omitting the eagle.
107. For a captain—the same as for a colonel, (104,) according
to corps, except that the bullion will be only one-fourth of an inch
m diameter, and two and one-half inches long; and substituting
for the eagle two silver embroidered bars.
108. For a first lieutenant—the same as for a colonel, (104,)
according to corps, except that thfe bullion will be only one-eighth
of an inch in diameter, and two and one-half inches long; and
substituting for the eagle one silver embroidered bar.
109. For a second lieutenant—the same as for a first lieutenant,
(108,) omitting the bar.
110. For a brevet second lieutenant—the same as for a second
lieutenant, (109.)
111. All officers having military rank will wear one eqaulette
on each shoulder.
112. The epaulette may be dispensed with when not on duty,
and on certain duties off' parade, to wit: at drills, at inspections
of barracks and hospitals, on courts of inquiry and boards, at in¬
spections of articles and necessaries, on working parties and
fatigue duties, and upon the march, except when in war there is
immediate expectation of meeting the enemy; &nd also when the
overcoat is worn.
78
APPENDIX.
SHOULDER STRAPS.
113. For the major general commanding the army—dark blue
cloth, one and three-eighths inches wide by four inches long, bor¬
dered with an embroidery of gold one-fourth of an inch wide;
three silver embroidered stars of five rays, one star on the center
of the strap, and one on each side equidistant between the center
and outer edge of the strap; the center star to be the largest.
114. For all other major generals—the same as for the major
general commanding the army, (113,*) except there will be two
stars, instead of three; the center of each star to be one inch from
the outer edge of the gold embroidery on the ends of the strap;
both stars of the same size.
115. For brigadier general—the same as for a major general,
(114,) except that there will be one star instead of two; the centre
of the star to be equidistant from the outer edge of the embroidery
on the ends of the strap.
116. For a colonel—the same size as a major general, (114,) and
bordering in like manner with an embroidery of gold; a silver
embroidered spread eagle on the center of the strap, two inches
between the tips of the wings, having in the right talon an olive
branch, and in the left a bundle of arrows; an escutcheon on the
breast as represented in the arms of the United States; cloth of
the strap as follows: for the general staff and staff" corps—dark
blue; artillery—scarlet; infantry—light or. Saxony blue; rifle¬
men—medium or emerald green; dragoons—orange.
117. For a lieutenant colonel—the saine as for a colonel, (116,)
according to corps, omitting the eagle, and introducing a silver
embroidered leaf at each end, fiach leaf extending seven-eighths
of an inch from the end border of the strap.
118. For a major—the same as for a colonel, (116,) according to
the corps, omitting the eagle, and introducing a gold embroidered
leaf at each end, each leaf extending seven-eighths of an inch
from the end border of the strap.
119. For a captain—the same as for a colonel, (116,) according
to corps, omitting the eagle, and introducing at each end two gold
embroidered bars of the same width as the border, placed parallel
to the end of the strap; the distance between them and from the
border equal to the width of the border.
120. For a first lieutenant—the same as for a colonel, (116,) ac¬
cording to corps, omitting the eagle and introducing at each end
a gold embroidered bar of the same width as the border placed
parallel to the ends of the strap, at a distance from the border
equal to its width.
121. For a second lieutenant—the same as for a colonel, (116,)
according to corps, omitting the eagle.
APPENDIX. 79
122. For a brevet second lieutenant—the same as for a second
lieutenant, (121.)
123. The shoulder strap will be worn whenever the epaulette
is not.
CHEVRONS.
124. The rank of non-commissioned officers will be marked by
chevrons upon both sleeves of the uniform coat and overcoat above
the elbow, of silk or worsted binding one-half an inch wide, same
color as the cord on the pantaloons, except for infantry, which
will be of light or Saxony blue; points down, as follows:
125. For a sergeant major—three bars and an arc, in silk.
126. For a quartermaster sergeant—three bars and a tie, in silk.
127. For an ordnance sergeant—three bars and a star, in silk.
128. For a first sergeant—three bars and a lozenge, in worsted.
129. For a sergeant—three bars, in worsted.
130. For a corporal—two bars, in worsted. •
131. To indicate service—all non-commissioned officers, musi¬
cians and privates who have served faithfully for the term of five
years, will wear, as a mark of distinction, upon both sleeves of the
uniform coat, below the elbow, a diagonal half chevron, one-half
an inch wide, extending from seam to seam; the front end near¬
est the cuff, and one-half an inch above the point of the cuff; to
he of the same color as the cord on the trowsers, except for in¬
fantry, for which light or Saxony blue will be substituted. In
like manner an additional half chevron, above and parffilel to the
first, for every subsequent five years of faithful service; distance
between each chevron, one-fourth of an inch. Service in war will
be indicated by a light or Saxony blue stripe on each side of the
chevron for artillery, and a red stripe for all other corps, the stripe
to be one-eighth of an inch wide.
OVERCOAT.
For Commissioned Officers.
132. A "cloak coat", of dark blue cloth, closing by means of
four frog buttons of black silk and loops of black silk cord down
the breast and at the throat by a long loop a echelle, without tas¬
sel or plate, on the left side, and a black silk frog button on the
80
APPENDIX.
right; cords for the loops fifteen-hundredths of an inch in diam¬
eter; back, a single piece, slit up from the bottom, from fifteen to
seventeen inches according to the height of the wearer, and closing
at will, by buttons, and button holes cut in a concealed flap ; col¬
lar of the same color and material as the coat, rounded at the
edges, and to stand or fall; when standing to be about five inches
high; sleeves loose, of a single piece, and round at the bottom,
without cuff or slip; lining, woolen; around the front and lower
borders, the edges of the pockets, the edges of the sleeves, collar
and slit in the back, a flat braid of black silk one-half an inch
wide; and around each frog button on the breast, a knot two and
one-quarter inches in diameter of black silk cord, seven-hundredths
of an inch in diameter, arranged according to drawing; cape of
the same color and material as the coat, removable at the pleasure
of the wearer, and reaching to the cuff* of the coat sleeve when
the arm is extended; coat to extend down the leg from six to eight
inches below the knee, according to height. To indicate rank,
there will be on both sleeves, near the lower edge, a knot of flat
black silk braid not exceeding one-eighth of an inch in width,
arranged according to drawing, and composed as follows :
'133. Tor a general—of five braids, double knot.
134. For a colonel—of five braids, single knot.
135. For a lieutenant colonel—of four braids, single knot.
136. For a major—of three braids, single knot.
137. For a captain—of two braids, single knot.
188. For a first lieutenant—of one braid single knot.
139. For second lieutenant and brevet second lieutenant—a
plain sleeve, without knot or ornament.
For Enlisted Men.
140. Of cavalry and the light infantry—of blue grey mixture;
Stand-up collar; double breasted; cape to reach down to the cuff
of the coat when the arm is extended, and to button all the way
up ; buttons of the regiment or corps.
141. All other enliated men—of blue grey mixture; stand-up
collar; single breasted, cape to reach down to the elbows, when
the arm is extended, and to button all the way up; buttons of the
regiment or corps.
OTHER ARTICLES OF CLOTHING! AND EQUIPMENT.
142. Flannel shirt, drawers, stockings and stable frock—the
same as now furnished.
APPENDIX.
81
143. Blankets—woolen, grey, with 0. S. in black, four inches
long,"in the center; to be seven feet long, and five and a half feet
wide, and to weigh five pounds.
144. Canvass overalls for engineer soldiers—of white cotton;
one garment to cover the whole of the body below the waist, the
breast, the shoulder and the arms; sleeves loose, to allow a free
play of the arms, with narrow wristband buttoning with one but¬
ton ; overalls fasten at the neck behind with two buttons, and at
the waist behind with buckle and tongue.
145. Belts of enlisted men—black leather.
146. Cartridge box—according to pattern in the ordnance de¬
partment.
147. Brum sling—white webbing; to be provided with a brass
drumstick carriage, according to pattern.
148. Knapsack—according to pattern in the quartermaster's
department. The great coat, when carried, to be neatly folded,
not rolled, and covered by the outer flap of the knapsack.
149. Haversack—of guttapercha, tin, or other material, and of
pattern to be provided by the quartermaster's department, after
making the requisite experiment.
150. Canteen—of pattern to be prepared by the quartermaster's
department.
151. Tent—French bell-tent, according to pattern in the quar¬
termaster's department—for enlisted men.
HORSE FURNITURE.
For General Officers and the General Staff.
152. Housing for General Officers—to be worn over the saddle;
of dark cloth, trimmed with two rows of gold lace, the outer, one
inch and five-eighths wide, the inner row two inches and one-
fourth ; to be made full, so as to cover the horse's haunches and
fore-hands, and bear on each flank corner the following ornaments,
distinctive of rank, to-wit: for the Major General Commanding
the Army, a gold embroidered spread eagle and three stars. For
the Major Generals, a gold embroidered spread eagle and two
stars. For a Brigadier General, a gold embroidered spread eagle
and one star.
153. Saddle-Cloth f r General Staff Officers—dark blue cloth,
of sufficient length to cover the saddle and holsters, and one foot
ten inches in depth, with an edging of gold lace one inch wide.
6
82
APPENDIX.
154. Surcingle—blue web.
155. Bridle—black leather; bent branch bit, with gilt bosses;
the front and roses yellow.
156. Collar—yellow.
15T. Holster—black leather, with gilt mountings.
158. Stirrups—gilt or yellow metal.
For Officers of the Corps of Engineers and Topographical Engineers.
159. The same as for General Staff Officers, (153, 154, 155, 156,
157, and 158.)
For Officers of the Ordnance Department Field and Tegmental Staff
Officers Artillery and Infantry.
160. Saddle-Cloth—dark blue cloth two feet ten inches in length,
md one foot ten inches in depth, with gold lace, five-eighths of an
nch in width, scarlet edging for the artillery; dark blue edging
br the ordnance; light or Saxony blue edging for the infantry.
161. Bridle—black leather; gilt bits and mountings; front and
■oses; for artillery—scarlet; for the ordnance—dark blue; for
nfantey—light or Saxony blue.
162. Stirrups—yellow.
163. Collar—for artillery, scarlet; for the ordnance, dark blue;
or infantry, light or Saxony blue.
164. Holsters—black leather, with gilt mountings and black
eather cover.
For Commissioned Officers of Dragoons.
165.. Saddle-Cloth—dark blue cloth, with border one and one-
ialf inches wide; gold lace for field and regimental staff officers,
nd orange colored cloth for company officers; this border to be
et back one-quarter of an inch from the edge, which will be bound
fith patent leather. The saddle cover to be pointed in the flanks,
nd to extend eleven inches behind the cantle, having thirty
aches depth from the back seam to the flank points; in each flank
orner the number of the regiment, two inches in length, em-
roidered in gold for field and regimental staff officers, and in
range colored silk for company officers.
166. Saddle—Grimsley's, of model deposited in the quarter-
raster's department; stirrup leathers to pass through staples let
APPENDIX.
83
mel and cantle for cloak and valise straps; iron rings and staples
on the cantle end of side-bars, for attaching shoe pouch and crup¬
per ; the tree to be protected and strengthened by a covering of
raw-hide; quilted seat, sewed down and stitched as in the model;
leather skirts to protect the blankets on which the trooper rides
in service, and the trousers of the rider, and small under skirts to
protect the side of the horse from the girth buckle.
167. Girths—Indigo blue, worsted webbing, three inches and
one-half wide, three feet nine inches long.
168. Surcingles—indigo blue, worsted webbing, three inches
and one-half wide, five feet webbing, two feet strap.
169. Sr.irrup Leathers—-black, one inch and three-eighths wide,
with oval brass buckles.
170. Stirrups—-brass, and of same pattern as furnished the First
Regiment of Dragoons in 1831.
171. Breast-Strap—same as that heretofore furnished the Dra¬
goons, and attached in the same manner.
172. Breast-Plate—plain brass heart, with the number of the
regiment one inch and one-half long, raised thereon.
173. Crupper—to buckle into rings on each side-bar, as in the
model.
174. Holsters—black leather, the pipes to have plain brass tips,
extending up two inches and a half, to be attached to the saddle
and breast-strap, as in the model.
175. Ilolster-Covers—black leather, extending two inches be¬
low the shoulder of the holster-pipe, terminating by a leather
strap, one inch wide, strongly sewed to the cover, to strap to but¬
ton to a brass knob firmly riveted to the holster.
176. Saddle-Blanket—plain dark blue, as now furnished.
177. Valise—dark blue cloth, bound with patent leather; water
proof; five inches and one-half in diameter; eighteen inches long;
attached to saddle by three straps, the middle one to pass through
the mortise of the cantle, and suspend the valise effectnally from
the horse's back; on each end of the valise, the number of the
regiment one inch and one-half long, embroidered in gold for
field and regimental staff' officers, and an orange colored silk for
company officers.
178. Pack-Saddle—Grimsley's, of pattern in the quarter-pias¬
ter's department; the girth to be four inches wide, and to be made
of horse-hair or Manilla grass.
179. Spurs—brass, of pattern in the quarter-master's depart¬
ment ; the leather strap to be three-fourths of an inch wide.
180. Bridle—with an S bit, with strengthening cross-bar con¬
necting the lower extremities of the branches; mouth piece of
three patterns, as prescribed in the cavalry tactics, to' be supplied
84
appendix.
to companies in the proportion therein recommended: one-sixth
mild, four-sixth medium, one-sixth severe; branches all medium;
material of bit, steel, thickly plated with brass. Curb—leather
strap five-eighths of an inch wide, with brass buckle. Head-stall
—single cheek pieces, one inch wide, with a brass wire buckle on
each end buckled to bit and upper part of head-stall. Throat
strap—five-eighths of an inch wide with brass buckles on each
side. Front-piece—single plain strap, one and one-quarter inches
wide; a brass circular plate, one and one-quarter inches in diame¬
ter on each extremity, with beaded edge and number of regiment
one inch long raised on it. Reins—leather, seven-eighths of an
inch wide; curb rein five feet six inches long, snaffle rein four feet
six inches long; both buckled to the bitt; curb rein provided with
a strong leather slide. Buckles—brass wire, with oval top and
strong tongue.
181. Halter—same pattern as furnished the first regiment of
dragoons since 1839; all the straps to be one and four-eighths
• inches wide; of strong harness leather; the cheek pieces to be
connected with the neck and nose bands by iron rings, those for
nose bands to be square, one inch and one-half inside, those for
neck bands round, one inch and three-fourths in diameter; the
strap, seven feet long, to buckle into an iron ring, and to have the
usual taper for ease in tying, &c.
182. Watering bridle—plain ring snaffle, with single rein; to be
attached to the lower side rings of the halter by short chains and
attachment bars.
For Enlisted Men of Dragoons.
183. The same as described for commissioned officers of dragoons
from 166 to 182, except as follows:
184. Breast-plate—plain brass heart, tvith letters of company,
one inch and one-half long, raised thereon.
185. Holsters—black leather; left side for pistols, right side
made in the form of a pouch, for holding grooming articles; at¬
tached to the saddle and breast strap as in the model.
186. Holster-cover—black leather, extending two inches below
the shoulder of holster pipe on the left side, and to a correspond¬
ing distance on the right side; terminated by a leather strap one
inch wide, strongly sewed to the cover; the leather strap to button
to a brass knob, firmly rivetted to the holster and pouch.
187. Yalise—dark blue cloth; water-proof; five inches and one-
half in diameter; eighteen inches long; attached to saddle by
three straps, the middle one to pass through the mortice of the
cantle, and suspend the valise effectually from the horse's back;
APPENDIX,
85
a brass circular plate, one inch and one-half diameter with beaded
edge, on each end of the valise, with the letter of company one
inch long raised thereon.
188. Bridle—same as for commissioned officers, (180,) except
the letters the company will be substituted for the number of the
regiment, on the circular brass plates of the front-piece.
189. Carbine strap and boot—same as heretofore furnished the
dragoons, and attached to saddle by a ring and staple rivetted to
the pommel end of right side-bar, (carbine pommel strap, twenty-
eight inches long, three-fourths of an inch wide, with oval brass
buckle.)
For Mounted Riflemen.
190. The same as for dragoons, except that for company officers
the border of the saddle cloth will be of medium or emerald green
cloth, and the number of the regiment embroidered in silk of
same color.
For the Light Artillery.
191. The same as for dragoons, except that the border of the
saddle cloth for officers will be of scarlet cloth, and the number of
the regiment embroidered in silk of same color.
MILITARY ACADEMY.
192. The uniform of the professors, teachers, and their assist¬
ants not in the line of the army, including the sword and riding
masters, shall be a citizen's blue cloth dress-coat, with buttons of
the corps of engineers, (28 ;) round black hat; pantaloons and vest
plain, white or dark blue ; cravat or stock, black. The uniform
of the chaplain shall be the dress usually worn by the clergy.
For Cadets.
193. Coat—grey cloth coatee, single breasted; three rows of
eight gilt bullet-buttons in front; and button holes of black silk
cord in the herring bone form, with a festoon turned at the back
end ; stand-up collar, trimmed with black silk lace, to fit the neck
and hook in front; cuffs four inches wide; buttons on the hip to
range with the lower buttons on the breast; on the collar one
blind button hole of cord, formed like that of the breast, four
inches long, with a button on each side; cord holes in the like
form, to proceed from three buttons, placed lengthwise on the
86
APPENDIX.
skirt, with three buttons down the plaits; cuffs to be indented,
with three buttons and cord holes likewise on each sleeve, corres¬
ponding with the indentation of the cuff, in the center of which
is to be inserted the lower button.
194. Riding jacket—grey cloth, singled breasted ; stand-up col¬
lar, trimmed with black silk lace; to fit the neck, and hook in
front; one gilt button, (195,) one-half an inch in diameter on each
side of the collar, and eight gilt buttons, (195,) seven-eighths of
an inch in diameter down the breast; small pocket covered by a
flap, on the right side, for carrying percussion caps.
195. Overcoat—grey kersey, double-breasted; to go two inches
below the knee ; stand and fall collar, rising to the tip of the ear,
and hooked in front; buttons gilt, seven-eighths of an inch in
diameter; device, a spread eagle, with shield, and having the word
"Cadet" near the margin at the top, and the letters "C. S. M. A."
at the bottom ; fix buttons down the front on each side; two but¬
tons on hip, and one at the bottom of each plait behind; cape of
same material as the coat, sixteen and one-half inches in length,
to button in front; coat, cape, and skirt lined with woolen, sleeves
with twilled muslin.
196. Fatigue jacket—brown linen drilling; single breasted,
with stand and fall collar; one gilt button half an inch in diame¬
ter (195,) on each side of the collar, and ten buttons of the same
size and device down the breast.
197. Vest—for winter, grey cloth; single breasted; gilt buttons;
(195,) trimmed with black silk lace. For summer, white. The
vest is not an indispensable part of the uniform ; it may be worn
or not at the option of the cadet, but when worn, must be of the
prescribed uniform; when it is not worn, the coat must be but¬
toned whenever out of quarters or tent.
198. Trowsers—for winter, grey cloth, with black stripes, one
inch wide, down the outer seam. For summer, white drilling.
For riding, grey kersey; reinforced on inside; black stripe one
incji wide down the outer seam; faced at bottom with black
leather for the space of ten inches ; outer seam slashed at bottom
the same length.
199. Cap—black ; round crown; seven inches high, or more, in
proportion to the size of the cadet; with a circular vizor in front ;
black worsted pompon, eight, inches long, set in a yellow metal
socket; cap plate worn in front of cap. The whole according to
pattern deposited with the quartermaster at "West Point.
200. Forage cap—according to pattern deposited with tne quar¬
termaster at West Point.
APPENDIX.
87
FOR THE BAND.
Dress.
201. Frock coat—dark blue cloth, single breasted; standing
collar, booked in front; collar part red, the red to extend four
inches on each side from the front; ten engineer soldier buttons
(33,) down the front, cuffs red, two inches and one-half deep,
pointed on the outside, making whole depth five inches; skirt
reaching within two inches of knee . hip and flap buttons.
202. Trousers—light blue mixture; two red stripes down the
outside of each leg, each three-fourths of an inch wide, and one-
eighth of an inch apart.
203. Cap plume and cap cord—as at present worn.
204. Epaulettes—red worsted, as at present worn.
205. Pouch and poucb belt—as at present worn.
206. Sword and belt—as„at present worn.
207. Sword belt plate—as described, (90.)
208. Gloves—white.
Undress.
209. Jacket—dark blue cloth; single breasted, stand-up collar;
trimmed along the top and front edges of the collar, with red
worsted binding; two small buttons, with loops of same binding,
on each side of collar; blue cloth shoulder strap, bound with red
worsted, buttoned to the collar on each side, and reaching to the
shoulder seam ; one row of small buttons in front.
210. Trousers—same as dress, (202.)
211. Forage cap—as at present worn.
MILITARY STOREKEEPERS.
212. A citizen's frock-coat of blue cloth, with buttons of the
department to which they are attached; round black hat; panta¬
loons and vest, plain, white or dark blue ; cravat or stock, black.
MISCELLANEOUS.
213. General officers and colonels having the brevet rank of
general officers, may, on occasions of ceremony, and when not
88
APPENDIX.
serving with troops, wear the i^dress" and "undress" prescribed
by existing regulations.
214. Officers below the grade of colonel having brevet rank,
will wear the epaulettes and shoulder straps distinctive of their
army rank. In all other respects, their uniform and dress will be
that of their respective regiments, corps or departments, and ac¬
cording to their commissions in the same. Officers above the
grade of lieutenant colonel by ordinary commission, having brevet
rank, may wear the uniform of their respective regiment or corps,
or that of general officers, according to their brevet rank.
215. Officers are permitted to wear a plain dark blue body coat,
with the button designating their respective corps, regiments, or
departments, without any other mark or ornament upon it. Such
a coat, however, is not to be considered as a dress for any military
purpose.
216. In like manner as at (215,) officers are permitted to wear a
buff, white or blue vest, with the small button of their corps, regi¬
ment, or department.
217. Officers serving with mounted troops are allowed to wear
for stable duty, a plain dark blue cloth jacket, with one or two
rows of buttons down the front, according to rank (1); stand-up
collar, sloped in front as that of the uniform coat; shoulder straps
according to rank, but no other ornament.
218. The hair to be short, which is termed cropped; the whiskers
not to extend below the lower tip of the ear, and a line thence
with the curve of the mouth ; moustaches will not be worn except by
cavalry regiments, by officers or men on any pretences whatever.
219. A band—will wear the uniform of the regiment, or corps
to which it belongs. The commanding officer may, at the expense
of the corps, sanctioned by the council of administration, make
such additions in ornament as he may judge proper.
SECRETARY OF STATE'S OFFICE, 1
Montgomery, Alabama, Jan. 10,1862. j
It is hereby certified that the foregoing, having been compared
and collated with the original deposited in this office, is a correct
copy thereof.
P. H. BRITTAR", Secretary of State.
TABLE OF CONTENTS.
MILITARY CODE.
Constitutional provisions 5
Enrollments and exempts 10
Organization 10
Elections and appointments 11
Return of strength and condition 17
Military subdivisions 20
Volunteer corps authorized 24
Contested elections 30
Trainings, drills and reviews 30
Military courts . 33
Details and drafts 39
Duties, powers and privileges 41
Pains, penalties, fines and forfeitures.: 51
Forms of annual returns 55
Appendix ®
Uniform
INDEX.
ABSENCE.
Six months from command ehall vacate of¬
fice. 13
ADJUTANT AND INSPECTOR GEN¬
ERAL.
His rank, 14
How elected, 14
His duty in making returns of strength
and condition, 18
His general duties and powers defined, 44
ADJUTANTS OF REGIMENTS.
Duties, powers and privileges, 4*7
See "duties, powers and privileges."
AIDS.
Governor's military, 14
ARMS.
Public powers of governor over, 42
Armorer, 45
CHARGES.
When preferred, how proceeded on, 33
Copy of shall be served upon party char¬
ged, 38
Proceedings when preferred against major
general, et al., 42
COLLECTING OFFICER OF FINES.
See "fines," &c. (
COMMISSIONS.
What officer shall be commissioned, 15
Shall issue under the great seal of the
State, 16
COMPANY OFFICERS AND DRILL.
See "duties, powers and privileges."
CONSTITUTIONAL PROVISIONS.
Constitution of the Confederate States, 5, 6
Constitution of the State of Alabama, 6, 7
ARREST.
Officers and men free from on civil process
while attending trainings and reviews, 48
CONTESTED ELECTION.
Provided for and regulated,
BATTALIONS.
Number of, how changed, 13
Of volunteers allowed and regulated, 25
Courts martial, see "court martial."
BOUNDARIES.
See "organization,"
BRIGADE AND BRIGADE STAFF.
See "organization," "staff," "duties, pow¬
ers and privileges."
BRIGADE GENERALS.
Their powers and duties, 43
See "duties, powers and privileges."
30
COURTS MARTIAL:
Powers of in altering boundary lines, 23
Of brigade, 34
Of regimental, 35
Of battalion, 36
Of company, 36
Appeal may be taken from, 37
General powers of, 37
Notice of to be given, and how, 38
Powers of in assessing fines, &c.,
51, 52, 53, 54,
COURTS OF INQUIRY.
How constituted for the trial of officers, 33
Powers of in compelling the attendance
of witnesses, 37
Sentence of must be approved, &c., 38
@4
INDEX.
General powers and regulations,
For the trial of major generals,
42
DETAILS AND DRAFTS.
How filled, 39
Drafted men may furnish substitutes, 89
Requisition when filled by draft, how offi¬
cered, 39
Substitutes are not exempt from, 40
Duty of officers and privates when draft¬
ed, 40
How proceeded against for delinquency, 40
By whom made, 46
Troops drafted shall be furnished with I
provisions, &c., 49
ENROLLMENT AND EXEMPTS.
Who subject to enrollment,
Duty of captain in relation thereto, 8
Surgeon's certificate of inability- shall
exempt, 8
Who exempt from militia duty, 8, 9, 10
By paying $5, person may be exempt for
one year, 8
Duty of persons in enrolling themselves,
Penalty for failure to enroll,
10
DRAFTS.
See "details and drafts."
DRILLS.
See "trainings, drills and reviews."
DUTIES, POWERS AND PRIVILEGES.
See "governor."
Of major generals, 43
Of brigadier generals, 43, 63
Of adjutant and inspector general of the
State, 44
Of quartermaster general, 44
Of assistant adjutant general of brigade, 46
Of brigade quartermaster, 46
Of staff officers generally, 46, 47
Of adjutants of regiments, 47
Of regimental quartermaster, 47
Of regimental paymaster, 47
Of commandants of regiments, battalions
and companies, 48, 49
Seven years' service as an Officer exempts
from militia duty, 49
Commissioned officers exempt from road
duty, 60
In case of vacancy the next officer takes
rank, 60
Successor entitled to books and official doc¬
uments, &c., belonging to predecessor, 60
FINES, FORFEITURES, Ac.
Shall be imposed by court martial, 61
I Limits of, 51
How collected, 52
Shall constitute a fund, and for what pur¬
pose, 53
See "pains, penalties, fines and forfeitures.''
GOVERNOR.
See "Constitutional provisions;" his duty
in furnishing arms to volunteer corps, 29
May call out the militia in case of invasion
or insurrection, 41
Commander-in-chief of the army and navy
of the State, 6
His rank when in the service of the Con¬
federate States army, 41
May assist citizens of the Statein erecting
works and means of protection, 42
His power in regard to the public arms,
&c., of the State, 41, 62
His duty when charges are preferred
against a major general, 42
He shall ascertain and publish the uniform
of the Confederate States army,
JUDGE ADVOCATE.
Shall be appointed by military courts,
His compensation,
42
35
37
ELECTIONS.
See "contested elections" and "appoint¬
ments."
General and field officers elected, and by
whom, 11
To fill vacancies, 12, 13
Of company officers, 12, 63
Of the change of battalion numbers, 13
Of non-commissioned officers, 15
Of officer in company without a command¬
ant, 15
Certificate of officer ordering election con¬
clusive where no person will offer for, 16
Itjturns of, how and to whom made, 16
MAJOR GENERALS.
Their powers and duties, 43
See " duties, powers and privileges."
How tried, see "courts of inquiry."
MILITARY COURTS.
See "courts martial" and "courts of in¬
quiry."
MILITARY SUBDIVISIONS.
See "organization."
NON-COMMISSIONED OFFICERS.
See " elections and appointments."
OATHS OF OFFICE, &c.
Shall be taken by all officers, 16
INDEX.
95
OFFICES.
la the militia shall be held daring good be¬
havior, 14
Incumbent becoming incompetent from
mental or bodily infirmity may be dis¬
missed upon the verdiGt of a court mar¬
tial, 54
ORGANIZATION.
Militia ; how divided and numbered, 10
How to take rank, 10
How officered, 11
Military subdivisions of the State, 20, 21
Boundaries of certain subdivisions; how
changed, 23-6
Military corps to be numbered, 23
How they shall rank, 10
PAINS, PENALTIES, FINES AND FOR¬
FEITURES.
Act of February 26, 1860, to provide Mili-
itary Organization, 55
Fines shall be assessed by a court martial, 51
Limits of fines, 51
Penalty on officer or privatedrafted failing
to rendezvous, 51-52
For refusing to turn out and obey orders, 52
Fines; how collected, 52
How collected of defaulting collector, 53
PENALTIES.
See " pains, penalties, fines and forfeitures."
QUARTERMASTER GENERAL.
His general powers and duties defined, 44-5
Of volunteer corps, 29
See "duties, powers and privileges."
RANK.
Of military corps, 23
Regulated m case of vacancy, 50
REGIMENTS.
Of volunteers allowed and regulated, 26, 27
RETURNS.
Of strength and condition of militia; how
made, 17, 18
Penalty on officer failing to make re¬
turns, 18, 19
Forms of, 64, 65
REVIEW.
See '• trainings, drills and reviews,'" by the
Governor; see "Governor," and "duties
powers and privileges."
ROADS.
Commissioned officers exempt from work¬
ing, 50
RULES AND REGULATIONS.
For government of army of Alabama, 61
STAFF.
Division, brigade and regimental, 14
TRAININGS, DRILLS AND REVIEWS.
Shall take place annually, 30
Notice of to be given, 30
Battalion trainings, 31
Company drills, 31
Officers' drill, 31
At what hour of the day training to com¬
mence, 31
Duties of officers and privates ia training, 32
Officers and men exempt from arrest or
civil process, attending, 48
Tactics to be observed in, 50
UNIFORM.
Governor shall ascertain and publish the
uniform of the Confed. States army, 46
Uniform of officers, 49
Uniform of Confederate States army, 66
VOLUNTEER CORPS.
How they may be formed, 24
How organized, 24, 25
Battalions; how formed, 25
Regiments ; how formed, 26
Regiments attached to brigades, ' 27
Shall not be raised for a shorter period
than seven years, 27
Exemptions after seven years'service, 27
How dissolved, 28
Rank of, regulated, 28
Uniform and duties of, 28
Declared a body corporate, 29
Entitled to public arms, 29
Shall have a quarter-master, 29
His duties, 29
Privileges of members of, go