USA > Tennessee > History of Tennessee from the earliest time to the present : together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, V.2 > Part 10
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SEC. 3. Be it further enacted, That the force provided for by this act, shall be organ- ized into regiments, brigades and divisions, and the whole to be commanded by the senior major-general, who shall immediately enter upon the duty of organizing the entire force for the field, the force authorized by this act, shall be mustered into service for the pe- riod of twelve months, unless sooner discharged.
SEC. 4. Be it further enacted, That the staff of said force shall consist of one adju- - tant-general, one inspector-general, one paymaster-general, one commissary-general, one quartermaster-general and one surgeon-general with such number of assistants of each as the wants of the service may require; and that the rank of quartermaster-general, inspec- tor-general, adjutant-general and commissary-general shall be that of colonel of cavalry, and the rank of their assistants shall be that of lieutenant-colonel and major of infantry and captain of cavalry, all of whom shall be appointed by the governor, subject to the confirmation of the General Assembly in joint session; Provided, That the governor may fill vacancies in said offices, occurring when the Legislature may not be in session, and the appointees shall at once enter upon the discharge of their duties, subject to the con- firmation of the Legislature when thereafter in session. There shall likewise be appointed by the governor, subject to like confirmation, one ordnance officer, with the rank of col- onel of infantry, who shall take charge of the ordnance bureau of the State, direct the construction of arms, under the governor and military and finance board, receive or reject the same, certify the fulfillment of contracts, and have the general supervision of the arm- ory of the State, with such assistants as the service may require, not exceeding three, who shall have the rank and pay of captain of infantry. The members of the military and financial board shall be nominated by the governor and confirmed bythe General Assembly.
SEC. 5. Be it further enacted, That there shall be organized by the governor, a med- ical department, consisting of the surgeon-general, and two other surgeons, the members of which department shall be nominated by the governor and confirmed by the General Assembly, who shall examine all applicants for surgeon and assistant surgeon, and certify their qualifications to the governor for commission in said service, and which department shall be subject to field service as other surgeons of the army. And the said department are hereby directed, other things being equal, to recommend from volunteer forces such regimental surgeons and assistants as the service may require.
Sp.C. 6. Be it further enacted, That there shall be two major-generals, and such number of brigadier-generals as the proper and efficient command of said force may re- quire, who shall be nominated by the governor and confirmed by the General Assembly.
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with power to appoint their own staff; and a chief of engineers with such assistants as the service may require, to be nominated and confirmed in the same manner.
SEC. 7. Be it further enacted, That the senior major-general shall immediately enter upon the duty of organizing the whole force for the field.
SEc. 8. Be it further enacted, That the governor be authorized to determine the field of duty which the safety of the State may require, and direct said forces accordingly.
SEC. 9. Beit further enacted, That for the purpose of carrying out the provisions of this act, the governor of the State is hereby authorized to issue and dispose of five million dollars of the bonds of the State of Tennessee, similar in all respects to the bonds of the State heretofore issued, except that they shall not have more than ten years to run for maturity, and bear interest at the rate of eight per cent per annum, payable semi-annually at such point as may be therein designated; Provided, That three millions of said bonds shall be held as a contingent reserve fund. and not used unless in the opinion of the governor, by and with the concurrence and advice of the military and financial board, the exigencies of the service and the public safety imperatively demand it; and said bonds shall be in denomina- tion of not less than one hundred, or greater than one thousand dollars.
SEc. 10. Beit further enacted, That the public faith and credit of the State is hereby pledged for the payment of the interest on said bonds and the final redemption of the same; and that an annual tax of eight cents on the one hundred dollars on the property, and one-half cent upon the dollar on the sales of merchandise or invoice cost, whether bought in or out of the State of Tennessee, which said one-half of one per cent is to be in lieu of the one-fourth of one per cent now levied, be assessed and set apart. and held sacred for the payment of the interest on said bonds, and the creation of a sinking fund for their final redemption; Provided, that no more of said tax than is sufficient to pay the interest on said bonds shall be collected. until the expiration of two years from the issuance of the same, and that the whole amount of said sinking fund shall from time to time, as the same may accumulate, be used by the governor in the purshase of said bonds: Provided, They can be had at a price not exceeding par rates.
SEC. 11. Be it further enacted, That banks and branches purchasing said bonds from the governor, shall have the privilege of classing the bonds so purchased, in the classifica- tion of their assets, as specie funds; and that the banks of the State are hereby authorized to invest their means in said bonds; Provided, That the State shall have the right to pay said bonds so purchased and held by said banks in their own notes; and individuals own- ing said bonds, having purchased the same previously of the State, shall hold the same free from taxation, either State, county, or otherwise.
SEC. 12. Be it further enacted, That in order to save expenses, so much of the act of the late extra session of the Legislature, as requires the supervisor to make monthly pub- lications of bank movements. be, and the same is hereby repealed.
SEC. 13. Be it further enacted. That when peace shall be restored to the country, or the present danger pass away, that the governor of the State, or other rightful authority, under which said force may be at the time acting, shall issue a proclamation declaring the fact, and shall thereafter discharge the forces raised under this act. and from and after which this act shall cease to be in force.
SEC. 14. Be it further enacted, That the county courts of this State are empowered to assess and collect a tax on property and privileges in their respective counties; to provide a fund for the relief and support of families of volunteers whilst in actual service, when. from affliction or indigence, it may be necessary: Provided, That the said fund thus raised shall, in all cases, be expended for the benefit of the families of volunteers residing in the county where the same is raised; and the revenue collector, for collecting said tax, shall receive no compensation-and the same shall be paid by him, under order of the county court, to the persons to whom the same may be appropriated.
SEC. 15. Be it further enacted, That the county courts be authorized to issue county scrip anticipating the tax necessary in effecting the objects of the preceding section.
SEC. 16. Be it further enacted, That the county courts of this State are authorized and empowered to appoint and raise semi-annually a home guard of minute inen, whose
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term of service shall be three months, in their respective limits, to consist of companies of not less than ten for each civil district, whose officers, when elected by the companies re- spectively, shall be commissioned by the county courts, and whose duty it shall be to pro cure a warrant from some justice of the peace, and arrest all suspected persons, and bring them before the civil authorities for trial; to see that all slaves are disarmed; to prevent the assemblages of slaves in unusual numbers; to keep the slave population in proper sub- jection, and to see that peace and order is observed. The Home Guards or Minute Men shall be armed and equipped by each county at its own expense, and a tax may be assessed and collected for the purpose, as well as to compensate those engaged in this branch of duty, if, in their discretion, compensation should be made. The Home Guard shal! assemble in their respective districts to take precautionary measures at least once in each week at the call of the commanding officer, and shall be momentarily ready for service at his call. Persons engaged in this branch of duty shall, upon failure to obey the call to duty by the commander, forfeit not less than one dollar, nor more than five for each offense, to be collected in the name of the chairman of the county court, before any jus- tice of the peace, to be applied by the county court in defraying the expenses of this branch of the public service, unless such failure was the result of sickness or other good cause. A general commander shall be appointed for each county by the several county courts, whose duty it shall be, when necessary, to take charge of all the Home Guard or Minute Men in his county and direct their operations. And the county court is author- ized to issue county bonds or scrip for the purpose of raising money immediately to meet the expenses contemplated by this section.
SEC. 17. Be it further enacted, That the property of all volunteers raised under the provisions of this act shall be exempt from execution and other civil process whilst in act- ual service; but this section shall not apply to the Home Guards.
SEC. 18. Be it further enacted, That the governor, in raising the volunteers provided for in this act, shall have the discretion to accept into the service volunteer companies ten- dered from other States and from the Confederate States, if, in his opinion, the exigencies of the service or the public safety requires it.
SEC. 19. Be it further enacted, That each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major and ten companies; each company shall con- sist of one captain, one first lieutenant, two second lieutenants, four sergeants, four cor- porals, two musicians, and not less than sixty-four nor more than ninety privates; and to each regiment, there shall be attached one adjutant, to be selected from the lieuten- ants, and one sergeant-major to be selected from the enlisted men of the regiment by the colonel. The regiment of cavalry shall consist of one colonel, one lieutenant- colonel, one major and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, one farrier, one blacksmith, two musicians and sixty privates. There shall be one adjutant and one ser- geant-major, to be selected as aforesaid.
SEC. 20. Beit further enacted, That each regiment shall elect its own colonel, lieu- tenant-colonel and major, and that each company shall elect its captain, its lieutenants. sergeants and corporals. Regimental musicians shall be appointed by the colonel, and the company musicians by the captains of companies. The colonel shall appoint his staff from his command.
SEC. 21. Be it further enacted, That the pay of major-general shall be three hundred dollars per month; of brigadier general two hundred and fifty dollars per month. The ยท aid-de-camp of a major-general, in addition to his pay as lieutenant, shall receive forty dollars per month, and the aid-de-camp of a brigadier-general shall receive, in addition to his pay as lieutenant, the sum of twenty-five dollars per month. The monthly pay of the officers of the corps of engineers shall be as follows: Of the colonel two hundred and ten dollars; of a major, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; lieutenants serving with a company of sappers and miners shall receive the pay of cavalry officers of the same grade. The monthly pay of the colonel of the corps of artillery shall be two hundred and ten dollars; of a lieutenant-colonel, one hundred and
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eighty-five dollars; of a major, one hundred and fifty dollars; of a captain, one hun- dred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; and the adjutant shall receive, in addition to his pay as lieutenant, ten dollars per month. Officers of artillery serving in the light artillery, or performing ord- nance duty, shall receive the same pay as officers of cavalry of the same grade. The monthly pay of the infantry shall be as follows: Of a colonel, one hundred and seventy-five dollars: of a lieutenant-colonel, one hundred and seventy dollars; of a major, one hundred and fifty dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; the adju- tant ten dollars per month in addition to his pay as lieutenant. The monthly pay of the officers of cavalry shall be as follows: Of a colonel, two hundred dollars; of a lieu- tenant-colonel, one hundred and seventy-five dollars; of a major, one hundred and fifty- two dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dol- lars; of a second lieutenant, eighty dollars; the adjutant, ten dollars per month in addition to his pay as lieutenant. The pay of the officers of the general staff, except those of the medical department, shall be the same as officers of the second grade. The surgeon-gen- eral shall receive an annual salary of twenty-five hundred dollars, which shall be in full of all pay and allowance. The pay per month of the major-general's staff shall be the same as officers of the same rank in the infantry service. The monthly pay of surgeon shall be the same as that of major of cavalry, and the pay of assistant surgeon shall be the same as the pay of first lieutenant of cavalry, and the rank of surgeon shall be that of major of cavalry, and that of assistant surgeon the same as of the first lieutenant of cavalry.
SEC. 22. Be it further enacted. That the pay of officers as herein established shall be in full of all allowances, except forage for horses actually in service, and the necessary traveling expenses while traveling under orders; Provided, that officers shall not be enti- tled in any case to draw forage for a greater number of horses, according to grade, than as follows: The major-general. five; the brigadier-general, four; the adjutant and inspec- tor-general, quartermaster-general, commissary-general, and the colonel of engineers, ar- tillery, infantry and cavalry, three each. All lieutenant-colonels, and majors, and cap- tains of the general's staff, engineer corps, light artillery and cavalry, three each. Lieu- tenants serving in the corps of engineers, lieutenants of light artillery, and of cavalry, two each. No enlisted man in the service of the State shall be employed as a servant by any officer of the army. The monthly pay of the enlisted men of the army of the State shall be as follows: that of sergeant or master workman of the engineer corps, thirty dol- lars: that of corporal or overseer, twenty dollars; privates of the first-class, or artificers. seventeen dollars, and privates of the second class, or laborers and musicians, thirteen dol- lars. The sergeant-major of cavalry, twenty-one dollars: first sergeant, twenty dollars; sergeants, seventeen dollars: corporals, farriers and blacksmiths, thirteen dollars; music- ians, thirteen dollars, and privates, twelve dollars. Sergeant-major of artillery and in- fantry, twenty-one dollars; first sergeants, twenty dollars each; sergeants, seventeen dol- lars; corporals and artificers, thirteen dollars; musicians. twelve dollars, and privates, eleven dollars each. The non-commissioned officers. artificers, musicians and privates serving in light batteries shall receive the same pay as those of cavalry.
SEC. 23. Be it further enacted, That each enlisted man of the army of the State shall receive one ration per day, and a yearly allowance of clothing: the quantity and kind of each to be established by regulation of the military and financial board, to be approved by the governor. Rations shall generally be issued in kind, unless under circumstances rendering a commutation necessary. The commutation value of the ration shall be fixed by regulation of the military and financial board to be appointed by the governor.
SEC. 24. Be it further enacted, That all the officers in the quartermaster's and com- missary departments shall, previous to entering on the duties of their respective offices. give bonds with good and sufficient security, to the State of Tennessee. in such sum as the military and financial board shall direct. fully to account for all moneys and public prop- erty which they may receive. Neither the quartermaster-general, the commissary-gen-
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eral, nor an otber or either of their assistants, shall be concerned, directly or indirectly, in the purchase or sale of any articles intended for, making a part of, or appertaining to pub- lie supplies, except for and on account of the State of Tennessee; nor shall they, or either of them, take or apply to his or their own use, any gain or emolument for negotiating any business in their respective departments other than what is or may be allowed by law. The rules and articles of war established by the laws of the United States of America for the government of the army are hereby declared to be of force, except wherever the words " United States" occur, "State of Tennessee" shall be substituted therefor; and except that the articles of war numbers sixty-one and sixty two are hereby abrogated, and the following substituted therefor:
ART. 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve, will take place on courts martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet or former commissions, but in the regiment, corps or company to which such officers belong, they shall do duty and take the rank, both in courts and on boards, as aforesaid. which shall be composed of their own corps, according to the commis- sion by which they are there mustered.
ART. 62. If upon marches, guards or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which be was mustered in the army. there on duty by orders from competent authority. shall command the whole, and give orders for what is needful for the service, unless otherwise directed by the governor of the State, in orders of special assignment providing for the case.
SEC. 25. Be it further enacted, That all mounted non-commissioned officers, privates, musicians and artificers shall be allowed forty cents per day for the use and risk of their horses; and if any mounted volunteer shall not keep himself provided with a serviceable horse, such volunteer shall serve on foot. For horses killed in action, or that die from injuries received in the service, or for want of forage, volunteers shall be allowed com- pensation according to their appraised value at the date of mustering into the service.
SEC. 26. Be it further enacted, That the military board shall procure for the service a supply of the army regulations of the United States, and provide by regulation a badge to designate the grade of officers in the service, and such flags and banners as may be necessary.
SEC. 27. Be it further enacted, That the pay of volunteers who have been enrolled for service before the passage of this act, if actually mustered into service, shall be counted from the time of their enrollment; and the commanding officer of artillery may appoint recruiting officers to muster into service recruits to be assigned to companies afterward, who shall receive pay and subsistence from time of enrollment.
SEC. 28. Be it further enacted, That any ten companies, with the requisite number of men, offering themselves in a body, shall be mustered into service as a regiment, may immediately organize by electing their field officers, and be commissioned by the governor. The seniority of captain shall be fixed by the brigadier-general regularly in command; Provided, that in all cases where regiments shall have previously organized and elect- ed their officers, such organization and election may be treated by the governor as good and valid.
SEC. 29. Beit further enacted, That each of the members of the military and finan- cial board shall receive compensation at the rate of fifteen hundred dollars per annum.
SEC. 30. Be it further enacted, That officers of artillery, from colonel to captain inclusive, shall be nominated by the governor and confirmed by the General Assembly.
SEC. 31. Be it further enacted, That all persons against whom indictments or pre- sentments for misdemeanors may be pending, and who have enlisted under this act in the service of the State, the same may be dismissed in the discretion of the judge before whom the same is pending, as well as for forfeitures against the defendant and his securities.
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SEc. 30. Be it further moreted, That the keeper of the public arnis be, and he is hereby directed to make suitable and proper arrangements for the convenience and pro- tection of the arsenal of the State; and that for the expenses incurred for such purposes, the sum of twelve hundred dollars is hereby appropriated, for which the comptroller will issue his warrant upon the treasury, upon the certificate of such keeper, and approved of by the military board.
SEC. 33. Be it further enacted. That the municipal authorities of all incorporated towns in this State be authorized to borrow money by issuing the bonds of such corpora- tion, or otherwise, for the military defense of such town: and in all cases where corporate authorities of said towns have already issued their bonds for the purpose aforesaid the same is hereby declared legal and valid.
SEC. 34. Be it further enacted, That to enable the county court to carry into effect without delay the provisions of the fourteenth, fifteenth and sixteenth section of this act, the chairman of the county court is empowered to assenible at any time the members of the quarterly court, who, when assembled, shall have all the powers exercised by them at the regular quarterly sessions.
SEC. 35. Be it further enacted, That the corporate authorities of towns and cities are hereby empowered and authorized to levy a military tax upon personal and real estate, not to exceed the one-half of one per cent, and on privileges not greater than one-half the amount now paid to the State; such money to be raised shall be used for military purposes under the direction of the authority so levying and collecting the same.
SEC. 26. Be it further enacted, That it shall be the duty of the inspector-general of the State, to be appointed under this act, and such assistants as the governor may appoint to muster into the service of the State of Tennessee each company and regiment after the same are inspected, at such times and places as the governor shall designate, and when said troops are so mustered into the service of the State, they shall be subject to all the rules and articles of war as adopted by this act.
.SEC. 37. Be it further enacted, That it shall be the duty of each captain upon being mustered into the service to furnish a complete roll of the officers and men in his company to the inspector-general, who shall file one copy of the same in the adjutant-general's office, and one copy to be delivered to the colonel of each regiment then formed, and it shall be the duty of the adjutant-general to furnish blank forms to the captains of com- panies.
SEC. 38. Be it further enacted, That the governor, by and with the consent of the military and financial board or bureau, shall be anthorized to purchase and carry on any manufactory or manufactories of gunpowder, which may be deemed necessary for the use of the State, purchase or lease any interest in any lead, saltpetre, or other mines, and work the same for the use of the State, and may also in the name of the State make con- tracts for the manufacture of fire-arms or any other munitions of war, to be manufactured in the State, and make such advancements in payment for the same as may be deemed advisable to insure the ready and speedy supply thereof for the use of the State. Provided, that when such contract is made or entered into the individual or company making the same shall give bond and security for the repayment thereof, if the arms or other muni- tions of war for which such advancement may be made shall not be furnished within the time agreed upon for their delivery, or shall not be of the character contracted for.
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