USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1803 > Part 23
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26
Sect. Z.IX. And be it further enacted by the authority cforesaid, That for the purpose of colle Ging and levying as well the fines that shall be incurred for non-attendance on days of training, as those which shall be imposed by regimental courts martial, the president of the court martial, if the fines were imposed by a court martial, and the commanding officer of the company, if the fire was incurred for non-attendance on any day or days of train- ing, within ten days after the passing of the sentence or decree of the court of appeal or court martiai, shall be obliged, and, un- der the penalty of fifty dollars for every neglect or refusal therein, he is hereby enjoined to issue a warrant under his hand and seal, directed to some constable, commanding him to collect and levy the said fine or fines; and the said constable shall be authorised and he is hereby enjoinel and required, under the penalty of twenty dollars, to call on every delinquent who shall be named in such warrant or in a schedule or list thereto annexed, and demand payment of the said fine or Enes, and of five per centum on the amount thereof for his trouble in collecting the same; and on ne- glect or refusal to make such: payment after demand thereof, so as aforesaid made, then the said constable having he said war- rant is hereby required to proceed to collect the said fines, together
D
( xxxviii )
with the costs, in the same manner, and with the like power and effect as constables are required to proceed with executions issued by virtue of the act for the more easy and speedy recovery of small debts, passed the first day of March, 1745-46; but if any such constable for the space of thirty days after the receipt of such warrant, endorsed with the time of delivering the same by the president of the court martial, or the commanding officer of a company as the case may be, shall neglect or refuse to pay unto the paymaster of the regiment or other person by this act entitled to receive the same, the whole amount of the fines in the said schedule or list contained, such constable for every such neglect or refusal shall forfeit and pay to the said paymaster, for the use of the regiment, double the amount of all the fines marked on the said schedule or list, which shall not within the said thirty days have been paid cver to the proper paymaster, excepting there- from only such fines as the field officers of the regiment or a man jority of them, who are hereby constituted a board for the pur- pose, and who when sitting as such shall be under oath or affirni- ation, shall annually on the fourth Monday of November, adjudge to have been impracticable or improper for the said constable to collect and obtain ; and it shall be the duty of the said paymaster of the regiment on the said fourth Monday of November yearly, and every year, to make out a fair and clear statement of his ac- counts, and lay the same before the field officers, and any two captains of the regiment who shall examine it, and having certi- fied the balance as it shall appear to them on the said statement, one copy thereof to remain with the paymaster and another to be lodged with the colonel or commanding officer of the regiment ; but if any paymaster shall neglect or refuse to make a statement of his accounts in manner aforesaid, or when duly required shall neglect or refuse to surrender all the papers, books and accounts belonging to his office to his successor, for every such neglect or refusal, of which a regimental court martial shall judge, such pay- master of his executors, administrators or others posressing such books, papers or accounts, shall forfeit and pay for the use of the regiment, the sum of one hundred dollars, to be recovered by the quartermaster of the regiment, in the same manner as is provided by the thirty. third section of this act for the collection of fines in- posed on the officers.
SeG. XX. And be it further enacted by the authority aforesaid, That for the collection of all the fines in arrears which have been incurred under the act entitled " An a& for the regulation of the militia of the commonwealth of Pennsylvania," passed the ninth day of April, one thousand seven hundred and ninety-nine, the several captains er commanding officers of companies shall have and exercise the same powers, except that of holding appeals, with which they are vested by the nineteenth section of this act, for the collection of such fines as may be hereafter incurred, and they are hereby severally enjoined and required, on or before the first Monday of September next, to issue their respective warrants for the collection of the fines so as aforesaid in arrears, under the pe- nalty of fifty dollars each, for every neglect or refusal, to be reco-
( xxxix )
vered as officers' fines are recoverable by the thirty-third section of this act.
Sec. XXI. And be it further enacted by the authority aforesaid, That the said paymaster shall hold the monies paid over to him according to the directions of this act, subject to the drafts of the colonel or commanding officer of the respective regiments, to be drawn in the order and for the purposes herein after mentioned, to wit, to pay drummers, fifers, trumpeters and buglers, to pay for the repairs of drums, arms, and for the different duties other than those of company and field days, and of days appointed ex- clusively for the exercise of officers, which by this act are imposed upon officers and others, and for which no other specific provision is hereby made, and to defray all such other expences, only as a majority of the field officers of each regiment may adjudge to be necessary and useful for the regiment, for promoting military dis- cipline, and effectuating the ends and purposes of this ad.
SeS. XXII. And be it further enacted by the authority aforesaid, That the form of the warrant to be issued by the captain or com- manding officer of each company for the collection of fines for non- attendance on days of training, may be as follows, " The com. monwealth of Pennsylvania to
Whereas, the persons named in the schedule or list hereto annexed, have by the court of appeals of their proper battalion, been duly sentenced to pay the fines to their names respectively subjoined; this warrant, therefore, authorises and requires you according to law to levy, collect and pay over all the fines aforesaid. Given under my hand and seal, the day of , one thousand cight hun-
dred and to collector, A. B. captain. [L. S. ]'
And the form of the warrant to be issued by the president of a court martial may be as follows : " The commonwealth of Penn- sylvania, to Whereas A. B. hath been duly sen-
tenced to pay a fine for the sum of for disobedience
of orders, negleSt of duty, &c. as the case may be ; this warrant, therefore, authorises and requires you, according to law, to levy, collect and pay over the said fines. Given under my hand and seal, the day of , one thousand eight hun-
- dred and to colleStor, A. B. president.[L. S. ]"
Sec. XXIII. And be it further enacted by the authority aforescid, That it shall be the duty of the commanding officer of cach com- pany, under the penalty of twenty dollars, to transmit a list of the names of all the absentees, and the fines charged for non-attend- ance on days of training, as also the names of the exempis to the officers holding the appeals; and the said court of appeals shall, under the penalty of twenty dollars each, transmit a general return of the delinquent fines charged to the commanding officer of the regiment, and one copy to the paymaster thereof; and each cap- tain or commanding officer of a company, shall receive one dollar per day for making the several returns required of him by this act, and officers holding courts of appeal and regimental courts mar- ñal, shall each receive one dollar per day, to be paid by the pay- master of the regiment in which such duty is performed, on orders drawn by the lieutenant colonel, or commanding cfficer thereof ;
( xl )
and each paymaster shall have a book for the keeping of accounts to be paid for out of the regimental fund, and shall, for perform- ing the several duties enjoined on him by this act, receive five per cent. on all monies that come into his hands ; and officers holding general courts martial, shall be paid, each, for his services, one dollar per day, to be paid by the inspector of the brigade in which such court martial is held on orders signed by the president of the court, to be allowed to such brigade inspector on the settlement of his accounts
Sect. XXIV. And be it further enacted by the authority aforesaid, That whenever it may be necessary to call into actual service any part of the militia, in case of a rebellion, cr of an actual or threat- ened invasion of this or any of the neighbouring states, then it shall and may be lawful for the governor to order into actual ser- vice such part of the militia, by classes, as the exigency may re- quire. Provided, That the part so called doth not exceed four classes of the militia of any brigade : And provided also, that such brigade or brigades shall not be again called into actual service un- til an equal number of the classes of the militia of the other bri- gade cr brigades respectively be first called, unless the danger of an invasion from Indians or others should make it necessary to keep in reserve the militia of such brigade or brigades for immedi- ate defence, and the companies in each regiment or battalion of the state, shall, within one year after the passing of this at, be divided into eight classes, where the same is not already done ; all flank companies, whether of grenadiers, light infantry or rificmen, shall be called into service by companies or parts of companies, and not by classes-the first flank company making part of the first call, the second flank company shall make part of the fifth call of the militia, and be commanded by their own proper officers, and every flank company to be formed in future shall be formed under the direction and approbation of the field officers of the re- giment, to consist of not less than sixty-four privates, and com- posed of men actually resident within the bounds of the regiment to which they are to be attached, and not otherwise.
Sea. XIV. And be it further enacted by the authority of.resail, That the militia when called by classes to perform a tour of duty, shall be officered in the following manner, that is to say-For the first draft the captain of the first company, the lieutenant of the second, and ensign of the fourth ; second draft, the captain of the second company, the lieutenant of the first, and ensign of the third; third draft, the captain of the third company, the lieutenant of the fourth, and the ensign of the second ; fourth draft, the fourth cap- tain, the lientenant of the third company, and the ensign of the first ; the fifth draft, the fifth captain, the lieutenant of the sixth, and the ensign of the eighth; sich draft, the sixth captain, the lieutenant of the fifth company, and the ensign of the seventh ; seventh draft, the captain of the seventh company, the lieutenant of the eighth, and ensign of the sixth ; eighth draft, the captain of the eighth company, the l'entenant of the seventh, and the en- sign of the fifth; non-commissioned officers to take their tour of duty with the commissioned officers; and the routine of the feld
(
officers shall be according to the date of their respective commis sions. The first colonel of the brigade shall command the first detachment, if it amounts to a colonel's command, but if it does no: the command shall devolve on the first major, and cach draft shall be liable to serve tivo months, and no longer, and to be re- lieved by the class next in numerical order, tho relief to arrive at the place of destination at least two days before the expiration of the term of the class to be relieved ; but nothing herein contained shall prevent the governor from employing and calling out part of any class, or any company or companies, regiment or regiments, without respect to this rule, whenever the exigency is too sudden to admit of the assembling of the militia in the ordinary way, and the service of the person or persons so called out shall be accounted as part of his or their tour of duty; and the pay of the militia in actual service shall commence two days before marching, and they shall receive pay and rations at the rate of fifteen miles per day on their return home.
Sec. XXVI. And be it further enacted by the authority aforesaid, That when any detachment of the milicia shall be called into ser- vice, the captains of cach company shall take care that his pro- portion of men are assembled and marched to the proper place of parade, under the care of a commissioned officer or serjeant, with a list of the men, which shall be delivered to the adjutant of the regiment, whose duty it shall be to attend at the place appointed to receive the detachments from the several companies of his re- giment, and he shall make out a roll of the whole, mentioning the rank of the officer, and names of the non-commissioned officers. and privates, and when the detachment shall be completed and placed under the command of the proper officer, he shall attend them to the place appointed for the meeting of the detachment of the brigade, where the several adjutauts shall each deliver a list of the derachment from his regiment to the brigade inspector, whoce duty it shall be to attend at the place appointed for assem- Uling the detachment from his brigade, and to furnish a complete list thereof to the commanding officer of the detachment, noting particularly in detail the officers, non-commissioned officers and privates from the respe Rive regiments within his brigade; and it shall furthermore be the duty of said brigade inspe &cr to march. with such detachment to the place of general rendezvous appoint- ed for the whole of the mill: ia called out, and there deliver to the commanding officer a duplicate of the list afcresaid ; and it shall be the duty of such commanding officer to make a general return. of the whole detachment, noting particularly the detail from each brigade, certified under his hand, and shall cause the same to be- delivered to the adjutant general within ten days after the march- ing of his detachment, under the penalty of fifty dollars.
Se&. XXVII. And be it further enacted by the authority oforesaid,. That whenever the milit.a are called into adual service of this state, cr of the United States, it shall and may be law ful for the governor, if he may deem it expedient, to organize the cavalry into. brigades, regiments, squadrons, and troops, so that each brigade; s'all consist of four regiments, each regintent of two squadrons ..
D 2
-
xlii )
each squadron of four troops, in such manner that no troop shait consist of more than one hundred, nor less than sixty-four; non- commissioned off cers and privates to be officered as follows: to each brigade one brigadier general, and one brigade major, with the rank of major, to each regiment, one lieutenant colonel com- mandant and two majors, a first and second ; to each squadron one major; to each tree one capta'n, two lieutenants, one cornet, four serjeants, four corperals, one saddler, one farrier, and one trum- peter ; the general officers shall be appointed by the governor, and the elections for held officers shall be held at the place of general rendezvous, appointed after such call and conduc ed as nearly as may be, according to the directions prescribed by this act for the elections of o her held officers ; the brigadier generals shall appoint their brigade majors, and the field officers of each regiment shall appoint their respective regimental staff.
Sect. XXVIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any person, called to perform a tour of duty, to find a sufficient substitute, such substitu e being approved of by the captain or commanding officer of the company in which he shall be offered to serve : Provided always, That if any substitute shall be called in his own turn into actual service, before the term expires which he was to serve for his employer, then the person procuring such substitute shall march, cr find a sufficient person to march in his said substitute's turn, or be liable to pay his fine for neglect, which fine is to be recovered as other fines for neglect of serving are by this act recoverable, and that sons who are not subject to the militia law may be admitted as substitutes for their fathers.
Sect. XXIX. And be it further enactel by the authority aforesaid, That when the militia or any detachment thereof are called out on duty, they shall be entitled to like pay and rations as are or shall be provided for the army of the United States, and that every per- son refusing or neglefing to perform his tour of duty in person or by substitute, shall pay the sum of twelve dollars for every such neglect or refusal, if the tour was to be for a term not ex- ceeding one month, and in proportion if the tour was to be for any longer or shor cr term.
Se&. XXX. And be it further enacted by the authority aforesaid, That the division composed of the militia of the city and county of Philadelphia, by direSion of the general officers thereof, if they see cause, and by and with the consent of the commanding officers of the respective regiments, is hereby authorised to meet in divi- sion or brigade on any of the days appointed by this act for train- ing the militia in regiments, and the commanding officers of the. several and respective regiments composed of the militia residing north west of the rivers Ohio and Allegheny, and Conewango creek, and that part of Wayne county above the Barrens, are hereby authorised and empowered to cause the same (if they may deem it expedient ) to meet and exercise in battalions on any of the days appointed by this act, for training in regiments.
xliii )
Sect. XXXI. And be it further enacted by the authority aforesaid. That the following articles, rules and regulations shall be those by which the militia shall be governed :
Art. 1 Ifany field officer or other commissioned officer, at any regimental review, or on any other occasion, when the regiment, battalion, troop or company to which he may belong, or in which he holds a commission, is paraded in arms, shall misbehave or de- mean himself in an unofficerlike manner, or shall on any such oc- casion neglect or refuse to obey the orders of his superior officer, he shall for every such offence be cashiercd or punished by fine at the discretion of a general or regimental court martial, as the case may require, in any sum not exceeding sixty dollars; and if any non-commissioned officer or private shall, on any occasion of pa- rading the company to which he belongs, appear with his arms and accoutrements in an unfit condition, or be drunk, or shall disobey orders, or shall use any reproachful or abusive language to his officers, or any of them, or shail quarrel or promote any quar- rel among his fellow soldiers, he shall be disarmed and put under guard by order of the commanding officer present, until the com- pany is dismissed, and shall be fined at the discretion of a regi- mental court martial, in any sum not exceeding ten dollars, nor less than two dollars.
Art. 2. If the lieutenant colonel, or commanding officer of any regiment shall neglect or refuse to give orders for assembling his regiment at any time or times appointed by law, or at the discre- tion of the inspector of the brigade to which he belongs, when the said inspector is hereto commanded by the governor, or in case of an invasion of the city or county to which such regiment belongs, he shall be cashiered and punished by a fine not exceeding two hundred dollars, at the discretion of a general court martial; and if a commissioned officer of any company shall on any occasion negle& cr refuse. to give orders for assembling the company to which he belongs, or any part thereof, at the discretion of his lieu- tenant colonel, or commanding officer of the regiment to which such company belongs, he shall be cashiered and punished by a fine not exceeding sixty dollars at the discretion of a regimental court martial; and a non-commissioned officer offending in such case shall be fined at the discretion of a regimental court martial, in any sum not exceeding twenty dollars.
Art. 3. If any captain or commanding officer of a company shall refuse or neglect to make out a list of the persons noticed to per- form any tour of duty, and send or convey the same to the lieuten- ant colonel or commanding officer of the regiment to which such company may belong, for such neglect or refusal he shall be ca- shiered or fined at the discretion of a regimental court martial in any sum not exceeding forty dollars.
Art. 4. If any militia man shall. desert while he is on a tour of duty, he shall be fined twenty-four dollars for every such offence, and be obliged to march on the next tour of duty, under the same penalties as at first ; if a non-commissioned officer shall so desert, he shall be degraded and placed in the ranks, shall pay a fine of. thirty dollars, and be obliged to serve another tour as a private ..
( xliv )
Art. 5. Every general court martial sha'l consist cf thirteen members, all of whom shall be commissioned officers, and of such rank as the case may require, and these thirteen shall choose a president out of their number, who shall not be under the rank of a field ( fficer.
Art 6. Every regimental court martial shall be composed of five members, all commissioned officers, who are to choose one of their members a president not under the rank of captain ; and every court martial, whether general or regimental, shall appoint a cori- missioned officer or other fit person to officiate as judge advocate.
Art. 7. In any court martial not less than two thirds of the members must agree in every sentence for inflicting any punish- ment, otherwise the person charged shall be acquitted.
Art. 8. The president of each and every court martial, whether general or regimental, shall require all witnesses in order to the trial of offenders to declare on oath or affirmation that the evidence they shall give is the truth, the whole truth, and nothing but the truth, and the members of all such courts shall take an oath er affirmation which the president is required to administer to them, that they will give judgment with impartiality.
Art. 9. Every court martial shall have power and authority to issue compulsory process against all and every person or persons who shall neglect or refuse to attend for the purpose of givir gevi- dence in any case therein pending.
Art. 10. No officer or private being charged with transgressing these rules shall be suffered to do duty in the regiment, company or troop, to which he belongs, until he has had his trial by a court-marcial ; and every person so charged shall be tried as soon as a court-mardial can be corvenie:rly assembled, and every offi- cor under arrest shall be furnished by the adjutant general, the brigade inspecter or adjutant of the regiment, as the case may re- quire, with a copy of the charge exhibited against him, at least ten days before his trial, that he may have an opportunity to pie- pare his defer.co.
Art. 11. Itary officer or private chall think himself injured by his lieutenant-colonel, or the commanding officer of the regiment,. and shall upon due applica ion made to him be refused redress, he may complain to ti e brigadier-general, who shall direct tl.e inspector of the brigade to summon a general court-martial, that justice may be done.
Art. 12. If any officer or private shall think himself injured by his captain, or other superior officer in the regiment, troop or com- pany to which he belongs, he may complain to the conunai.ding officer of the regimen', who shall summon a regimental court martial, for doing justice according to the nature of the case.
Art. 13. No peraly shall be int:ised by a court martial other than degrading, cachiering or fining ; and all fines imposed by re- gimental courts martial shall be collected and paid into the hands of the paymaster, as dired ed in the nine. centh section of this act.
Art. 14. The commanding officer of the militia for the time being, shall have full power of pardoning or mitigating any cen- eures or penalties, ordered to be inflicted by a general court mar-
( xIv )
tial; or any officer, non-commissioned officer or private, for the breach of any of these articles, and every offender convicted as aforesaid, by any regimental court martial, may be pardoned or have the penalty mitigated by the lieutenant colonel, or command- ing officer of the regiment, excepting only where the censures or penalties are directed as satisfaction for injuries received by one officer or private from another; but in case of officers, such sen- tence to be approved by the commander in chief of the militia, who is empowered to pardon or mitigate such sentence, or dis- approve of the same.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.