Enrolled Act No. 21 of the House of Representatives.
AN ACT for the organization and regulation of the Indiana militia; prescribing penalties for violations of said regulations; providing for the election and appointment of officers; defining the duty of military and civil officers, and penalties for the neglect or violation thereof ; providing for courts martial, councils of administration and military encampments; making appropriations for the support of said militia; repealing all laws heretofore enacted on that subject, saving certain acts therein named; and declaring an emergency for the immediate taking effect thereof.
SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the militia shall be divided into two classes:
First. Sedentary.
Second. Active.
OF THE SEDENTARY MILITIA.
SEC. 2. The sedentary militia shall consist of all white male persons subject to bear arms under the constitution of Indiana, who do not belong to the active militia.
OF THE ACTIVE MILITIA.
SEC. 3. The active militia shall consist of able bodied white male persons, between the ages of eighteen and forty-five years, who shall be enrolled members of armed and uniformed companies, duly organized and mustered into the service of the State, according to the provisions of this act.
SEC. 4. All county auditors, assessors, sheriffs, or other civil officers, upon whom are devolved the discharge of specific duties under this act, who shall neglect or refuse to obey the provisions of the law herein specified, shall forfeit and pay not more than five hundred nor less than twenty dollars for each and every offense, to be recovered in any court of competent jurisdiction, for the use of the military fund of the State, in an action by the State, on the relation of any commissioned office in the county.
OF THE MILITARY FUND.
SEC. 5. One fourth part of the military fund shall remain in the State treasury, and shall be drawn on the warrant of the Commander in Chief, to pay the salaries of the Adjutant General and Quartermaster General, and to pay the expenses of State and brigade encampments, and brigade courts martial, and such other expenses as may accrue in the procurement of blanks provided for in this act.
SEC. 6. The balance of the military fund shall forthwith be distributed, pro rata, by the Treasurer of State, among those counties having an active militia, in proportion to the number of active militia in each county, is shown by the Adjutant-General, which money shall be paid to the treasurers of said counties, and by them distributed as follows:
First. One-fourth of the military fund thus placed into the hands of the county treasurer shall be drawn on the warrant of the Colonel, to pay the actual expenses of the Quartermaster-General of the Regiment, for the preservation of the Public arms, and to defray the expenses of regimental or battalion drills, parades, encampments and courts martial.
Second. The balance of the fund, after the preceding disbursements, shall be distributed on the warrant of the Colonel, among the companies of active militia in his regiment, proportioned in accordance with the number of members in each, to be used by such companies to defray the expenses of company drills and courts martial, of armories and music, and for the procurement of equipments and munitions.
SEC. 7. There is hereby and shall be appopriated annually, for the years 1861 and 1862, out of the revenue of the State the sum of severity thousand dollars, which shall be set apart and constitute a special fund for military purposes.
OF THE ORGANIZATION OF THE ACTIVE MILITIA.
SEC. 8. The active militia shall be styled the Indiana Legion. Every adle-bodied white male citizen or white male resident of the State, over eighteen years of age and under forty-five, may be admitted into its organization, who shall voluntarily take and subscribe the following oath, administered by the mustering officers, who is hereby vested with power and authority so to do:
"I solemnly swear (or affirm) that I will honestly and faithfully serve the State of Indiana against all her enemies or opposers, and that I will do my utmost to support the constitution and laws of the United States and of the State of Indiana, against all violence of whatever kind or description; and I further swear (or affirm) that I will well and truly execute and obey the legal orders of all officers legally placed over me, when on duty; so help me, God;" [or under the pains of perjury (as the case may be.)]
SEC. 9. The Legion, in its complete organization, shall be considered as a single army corps, composed of divisions, brigades, regiments, battalions, and companies, and the necessary general officers and field and staff officers.
First. A company shall consist of a captain, a first lieutentant, a second lieutenant, an orderly sergeant, four sergeants, four corporals, a company clerk, who shall be elected by the company, and not less than thirty-two nor more than one hundred privates; and the captain may Occasionally appoint lance sergeants and lance corporals, when there may be a necessity for a greater number of non-commissioned officers.
Second. Four companies shall constitute a battalion.
Third. Three batalions shall constitute a regiment.
Fourth. Three regiments shall constitute a brigade.
Fifth. Three brigades shall constitute a division.
Sixth. But the organization above directed for the Legion, with the exception of the company organization, may be modified by the Governor, according to the conveniences and necessities of the service.
OF FIELD AND GENERAL OFFICERS.
SEC. 10. A Major shall be elected by the men of each regiment.
First. He shall appoint two persons to discharge the duties respectively of Adjutant and page: 124[View Page 124] Paymaster, and Quartermaster and Commissary; and, in case of necessity, may assign all those duties to one officer.
Second. He may also appoint two non-commissioned officers as the non-commissioned staff of the battalion.
Third. He shall also hare authority to appoint an assistant surgeon, with the rank of first lieutenant.
SEC. 11. A Colonel and Lieutenant Colonel shall be appointed by the Governor for each regiment, who shall be commissioned for four years.
First. The Colonel shall appoint the regimental staff, to consist of Adjutant, a regimental Quartermaster, a Paymaster and Surgeon, and Judge Advocate, each of whom shall have the rank of Lieutenant; and the non-commissioned staff to consist of a Sergeant Major, a Quartermaster Sergeant and Color Bearer.
SEC. 12. A Brigadier General shall be appointed by the Governor for each Brigade.
First. Such Brigadier General shall appoint the brigade staff, to consist of a Brigade Inspector, who shall also discharge the duties of Assistant Adjutant General, a Quartermaster, a Paymaster, and a Surgeon and a Judge Advocate, each of whom shall have the rank of Major; and an Aid-de-Camp, with the rank of Captain.
Second. He may also appoint four staff Sergeants, as assistants in the offices and duties of his staff.
SEC. 13. A Major General shall be appointed by the Governor for each division.
First. Such Major General shall appoint the division staff, to consist of a Division Inspector, who shall also discharge the duties of Assistant Adjutant General, a Quartermaster, a Paymaster, and a Surgeon and Judge Advocate, each of whom shall have the rank of Lieutenant Colonel, and two Aids-de-Camp, with the rank of Major.
Second. He may also appoint four staff Sergeants, as assistants in the offices and duties of his staff.
OF MUSTERING VOLUNTEERS INTO THE LEGION.
Sec. 4. Whenever an association of individuals shall desire to volunteer as a company in the Legion, they shall first file with the auditor of the county in which said association hag been formed, a copy of their articles of association, and accompanying it with an undertaking, with security to the satisfaction of the auditor, that they will each uniform themselves. A list of members of not tess than forty-six shall be forwarded to the Adjutant General, (or other officer who may be hereafter designated by the order of the Governor,) who, should they be satisfied that the members are loyal to the State and the United States and are legally qualified, and will uniform themselves, shall issue an order for the election of officers, specifying the time and place of holding such election. He shall also, before the election is held, appoint three disinterested persons to receive and count the ballots in his presence, should he attend in person, or in the presence of the officer to whom he may have delegated his authority to preside at such election, and to muster the company into the State service. No officer shall be considered elected unless he receives a majority of all the votes cast, which in all cases shall be by ballot, and no primary election shall be valid, unless by two-thirds of the company vote. After the election of the officers authorized by this act, the officer presiding at the election shall proceed to muster the company into the Legion, by causing every member to take in his presence the oath of allegiance herein before prescribed.
This having been done, the mustering officer shall make a certified statement of the fact, and of the result of the election, through the proper channels of correspondence to the Adjutant General, who shall cause the commissions to be forwarded to the officers elected.
SEC. 15. Every person, on becoming a member of a company, after it has been mustered into the Legion, shall be required by the commander to take the oath of allegiance.
SEC. 16. Every member of the Legion shall provide himself with his proper uniform, within three months after becoming a member of the organization. His failure to do so will subject the offender to such penalties as may be inflicted by the by-laws of the organization, or by sentence of a court martini.
SEC. 17. The company clerk may receive such compensation for his services as the council of administration of the company shall allow, to be paid out of the company fund; and it shall be his duty to keep the records of the company ia accordance with the orders of the commander and the requirements of the constitution and by laws.
OF SUPPLYING ARMS AND EQUIPMENTS TO COMPANIES OF THE LEGION.
SEC. 18. The commanding officer of every company of the Legion shall make a requisition on the Quartermaster General for such supply of arms and equipments as may be necessary for his company. This requisition accompanied by the commanding officers' receipt to the Quartermaster-General, shall be forwarded to the Governor. Should the Governor approve, he shall give an order on the back of the requisition, directing the Quartermaster-General to make the issue. The arms having been issued, the Quartermaster-General will file the receipts and requisition as vouchers to accompany his annual return to the Governor.
SEC. 19. Arms and equipments and all military stores and equipage, issued aa above provided, shall be charged by the Auditor of State to the counties in which such military companies were organized, for which purpose all issuances of the kind must be promptly reported to him by the Quartermaster General.
SEC. 20. The officers and members of all such volunteer companies shall file in the office of the county auditor such bond and security as such auditor may deem requisite to secure the county from loss, on account of the use or misapplication of such arms or equipments or other stores. Such bond shall be payable to the board of commissioners of the county.
SEC. 21. When any arms, equipments, or military stores, which have been issued, as above provided, to any county, shall again come into the possession of the Quartermaster-General, it shall be his duty to forward his receipt therefor to the auditor of the county.
page: 125[View Page 125]SEC. 22. At the close of each fiscal year, it shall be the duty of the Auditor of State to settle the account of each county, with reference tc the issues which have been made in pursuance oe requirements of this act, and whenever it shall appear to his satisfaction that a county has failed to return said issues, or any part thereof, on the demand of the Governor, or that arms or other issues have been damaged beyond the in jury resulting from the necessary use of such articles issued, or that a deficiency at any time exists in the number or quantity of such arms or military stores, then he shall charge the value of such missing arms and stores, and the amount of such unnecessary damage, to such county; and the amount thus found due shall, on the demand of the auditor, be assessed as part of the county levy, and collected in such county in the same manner as ordinary taxes, and shall be paid into the State treasury, as a separate fund, to be applied by the Governor to the purchase of other arms for the State.
OF ELECTIONS IN THE LEGION.
SEC. 23. Unless otherwise specially ordered all elections shall be held at the armory, or other ordinary place of meeting of each company, or other command; and no person who has been more than three months a member of the Legion, shall be permitted to vote unless he appears as the polls in the proper uniform of his corps.
SEC. 24. In cases where there has been a failure to elect, the persons receiving the smallest number of votes shall be successively dropped after the second ballot; and no votes which may thereafter be cast at said election for such person shall be counted, and, in case of a tie, it shall be determined by lot to be drawn by the candidates in presence of the judges of the election.
SEC. 25. At all elections held after the company has been mustered into the State service, modes of procedure similar to those prescribed for the election of company officers shall be followed; but unless other judges are appointed for such election, the three persons highest in rank of the officers and non-commissioned officers present, and who shall not be candidates at such election, shall be the judges.
SEC. 26. Every officer, on receiving his commission, shall take the oath of office prescribed in the constitution, and, in addition thereto, the following: "And I do further swear (or affirm) that I will honestly and faithfully serve the State of Indiana against all her enemies and opposers, and obey the legal orders of all officers placed over over me; so help me, God," or "under the pains and penalties of perjury," as the case may be.
OF BANDS OF FIELD MUSIC.
SEC. 27. There may be raised for each company, by the voluntary engagement of such persons, two musicians; and for each battalion a band, to be composed of not more than ten musicians; which several bands, when the regiment is assembled, shall be consolidated into a regimental band under the command of the Adjutant. The Colonel may appoint a leader, drum major, and principal musicians, who shall rank as Sergeants. The musicians and members of the bands shall be subject to the requirements of this act, and councils of administration may make reasonable appropriations from the company, battalion, and regimental funds, for the payment of such members of the bands, and for hiring of other music when necessary.
SEC. 28. All musicians and other persons, whether members of the active militia or not, who may hire their services to a military body, or to any member thereof, shall, during the term for which they are employed, be subject to the same laws and regulations that govern the military body with which they may serve.
OF CAVALRY AND ARTILLERY.
SEC. 29. Companies of cavalry and artillery may be organized in like manner with infantry companies, and may be attached to any portion of the infantry force, or otherwise organized as may be most expedient; Provided, that in the first distribution of arms and the organization of cavalry, preference shall be given to companies organized in the counties of the First, Second, Third and Fourth Congressional Districts.
OF UNIFORM.
SEC. 30. Every company, battalion or regiment of the active militia, unless the Governor shall prescribe a uniform, shall adopt a uniform for itself, which will be subject, however, to the approval of the Governor; and no uniform which is not thus approved shall be worn when on duty, unless the Governor shall otherwise direct. The uniform of all general officers and their staff, and of all officers who may be required to wear the distinctive uniform of their regiment or corps, shall be similar to that of corresponding grades and corps in the United States army, but with modifications adapting it to State troops.
SEC. 31. The Governor, on military duty, will ordinarily wear the uniform of a Lieutenant-General.
OF TROOPS IN THE STATE SERVICE.
SEC. 32. Whenever any portion of the active militia shall be ordered to assemble for purposes of military instruction, under the authority of the Governor; or whenever any part of the State forces shall be ordered to assemble under his authority in time of war, invasion, insurrection, or public danger, the rules and articles of war, and the general regulations for the government of the army of the United States, with such modifications as the Governor may prescribe, shall be considered in force, and regarded as part of this act during the continuance of such instructions, and to the close of such state of war, invasion, insurrection or public danger; but no punishment under such rules and articles which shall extend to asking of life, shall in any case be inflicted except n time of actual war, invasion or insurrection, declared by proclamation of the Governor to exist, or to be threatened or anticipated.
SEC. 33. Whenever any portion of the militia shall be called into the service of the State by the Governor in time of war, invasion, insurrection or public danger, they shall be entitled to may at the same rates, in every respect, as the corresponding grades may at the time be entitled to in the United States Army.
SYSTEM OF INSTRUCTION.
SEC. 34. The Indiana Legion shall be considered as composed essentially of light troops, page: 126[View Page 126] and the systems of instruction in tactics prescribed for such troops in the United States Army, shall be at all times followed in this organization. All other systems are forbidden; and every officer who fails to qualify himself within a reasonable time for the duties of his position as an instructor of those under his command, shall be dismissed by a sentence of Court Martial for incapacity.
SEC. 35. It shall be the duty of all commanders to see that their entire commands are properly instructed in the prescribed drill and discipline, and to this end they shall order officer's drills, schools of instruction, and superintend the same; and either give instruction themselves, or require some well instructed officer to do so under their directions. They shall likewise frequently superintend the instructions of the companies, at their armories, or other places of meeting.
SEC. 36. Commanders of companies shall cause their companies to parade not less than four times in each year. They shall, in addition thereto, order such company drills as may be proper, which shall be not leas than twelve drills per annum.
SEC. 37. Commanders of battalions and regiments, when their commands, or any considerable portion of them, are in the same county, may have not less than three battalion drills in each year.
SEC. 38. Brigade and division commanders may order encampments, not to exceed three days in each year, for the same troops, when approved by the Governor.
SEC. 39. All military ceremonies shall conform to the rules and regulations in the United States army.
OF DISBURSING OFFICERS.
SEC. 40. Any officer of the Legion charged with the disbursement or safe-keeping of the public money, or of any of the funds authorized to be created by this act, who shall not render to the proper authorities a satisfactory account of such money, or shall fail to pay over to his successor such sum or sums as may be in his hands, or as he may have failed satisfactorily to account for, shall be proceeded against as is provided in cases of fines, by court murtials, and the proceedings of the council of administration shall be taken as evidence in the case.
SEC. 41. Any officer of the Legion who shall embezzle or misapply public money, or military funds, or public arms, or other property entrusted to his care, shall be deemed guilty of felony, and, on conviction thereof, shall be imprisoned in the State Prison for riot less than one nor more than ten years, and fined in a sum equal to the amount embezzled or misapplied,
CONSTITUTION AND BY-LAWS.
SEC. 42. Each company, battalion and regiment, may adopt a constitution and by-laws for its own government not inconsistent with this act, which shall be obligatory on its own members after the same shall have been approved by the Governor, and fines assessed under the said constitution and by-laws may be collected before a justice of the peace, as provided in cases of courts martial.
OF GENERAL STAFF OFFICERS.
SEC. 43. Whenever the necessities of the service may demand it, the Governor may appoint on his own staff, and direct the appointment on the staff of his subordinates, which subordinate shall select the members of their own stag of the proper number of officers corresponding with the organization of the general staff corps of the United States army.
ON ENCAMPMENTS.
SEC. 44. Every commanding officer of a military encampment, or of a military parade, drill, or review, is hereby authorized to ascertain and fix necessary bounds and limits to his parade and drill grounds, (not including any road on which people travel, so as to prevent their passing,) within which no spectator shall have a right to enter without leave from such commanding officer; and in case any person shall intrude within such limits after once being forbidden, he may be confined under guard during the continuance of said drill, review or encampment, or for a shorter time, at the discretion of the commanding officer; and any person who so offends or who shall resist any sentry or member of the guard who attempts to put him out of such limits, or to keep him out of the same, may be arrested by order of such commanding officer, using such force as may be necessary for that purpose, and carried before some court or magistrate, or justice of the peace, to be examined or tried for such assault or disturbance and breach of the peace, upon affidavit thereof; and it shall be the duty of such civil officer, on the showing of such fact, to deal with such offender as for violation of the Statute protecting lawful assemblages.
OF TROOPS CALLED OUT BY CIVIL AUTHORITY.
SEC. 45. Whenever there shall be in any city, town or county, any tumult, riot, mob, or any body of men acting together by force, with intent to commit any felony or misdemeanor, or to offer violence to any person or property, or by force and violence to break and resist the lavrs of this State, or the laws or authorities of the United States, or any such tumult, riot or mob, shall be threatened, and the fact be made to appear to the Governor, or to the mayor of any city, or to any court of record sitting in said city or county, or any judge thereof, or to the sheriff of said county, or, in his absence, to his lawful deputy, the Governor may issue his order, or such mayor, judge, or sheriff or deputy sheriff, may, in writing, direct the senior, or other military officers convenient to the scene of disturbance to turn out such portion of his or their command as may be necessary to quell, suppress, or prevent such tumult or threatened tumult, and any officer or member of the military, who shall fail promptly to obey such orders and directions of said civil officers, shall be cashiered.
SEC. 46. Whenever it becomes necessary, in order to sustain the supremacy of the law, that the troops should fire upon a mob, the civil officer calling out such troops, (in the exercise of a sound discretion,) shall give the order to fire to the superior officer present, who shall at once proceed to carry out the order, and shall direct page: 127[View Page 127] the firing to cease on his own order, or when ordered by the proper civil authority.
SEC 47. No officer, who has been called out to sustain the civil authorities, shall, under any pretence, or in compliance with any order, fire blank cartridges on a mob, under penalty of being cashiered by a sentence of court martial.
OF COUNCILS OF ADMINISTRATION AND OF SPECIAL FUNDS.
SEC. 48. The commanding officer of every company, batallion, brigade, division or army corps shall convene a council of administration, at least twice in every year, or oftener, if necessary. Councils of administration shall consist of three officers next in rank to the commanding officer, or if there be but two, then the next two; if but one, then the next one; and if there be no other than himself, then he shall act.
SEC. 49. The junior member shall record the proceedings of the council in a book, and submit the same to the commanding officer. If he disapprove the proceedings, and the council, after reconsideration, adhere to the decision, a copy shall be sent by the commanding officer to the next higher commander, whose decision shall be final, and entered in the council book, and the whole be published for the information and government of all concerned.
The proceedings of councils of administration shall be signed by the senior member and recorded, and the recorder of each meeting, after entering the whole proceeding, together with the final order thereon, shall deposit the book with the commanding officer. In like manner, the approval or disapproval of the officer ordering the council, will be signed by his own hand.
SEC. 50. The council of administration shall audit and settle the accounts of the treasurer of the corps of troops for which such council shall be appointed, and pass specific resolves for all expenditures of the funds of said corps of troops.
SEC. 51. All fines assessed by company courts martial, and all fines and forfeitures collected under the by laws, shall go to, and constitute a part of, the company funds of the respective companies; and such fund shall be expended only for objects connected strigtly with the promotion of the discipline, instruction, and military efficiency of the company to which the fund appertains; the purchase of camp equiqage, and of subsistence when the latter may be needed in periods of company instruction and encamp merit; and the hiring of transportation and music on such occasions will be legitimate objects of expenditure of company funds; but no expenditure will be made except on warrants drawn by the company commander, based on specific resolves of the council of administration. The company clerk shall receive and disbure all moneys belonging to the company fund. He shall render an account of the company fund to the company commander on the last day of April, August, and December of each year. He shall not be excused from his ordinary company duties by reasons of performing the duties of company treasurer.
SEC. 52. All fines assessed by battalion courts martial, and all fines and forfeitures collected under the by-laws of battalions, shall go to and constitute a part of the battalion funds of the respective battalions; and such funds shall only be expended for objects connected strictly with the pro motion of the discipline, instruction, and military efficiency of the battalion to which the funds may appertain; the purchase of a battalion color, which shall be of the pattern prescribed by the Governor; the procuring of subsistence during periods of separate battalion encampment and instruction, and the hiring of transportation and music on such occasions, will constitute legitimate objects of expenditure of a battalion fund; but no expenditure will be made except on warrants drawn by the commander, based on specific resolves of the council of administration.
SEC. 53. Every battalion paymaster shall receive and disburse all moneys pertaining to the fund of his battalion. He shall render an account of his fund to the battalion commander on the last day of April, August, and December of each year. He shall not be excused from any other duty pertaining to his office on account of performing the duty assigned him in this section.
SEC. 54. All fines assessed by regimental courts martial, and all the fines and forfeitures collected under the regimental by-laws, shall go to and constitute a part of the regimental funds of the respective regiments, and such funds shall only be expended for purposes connected strictly with the promotion of the discipline, military efficiency, and instruction of the regiment to which the fund may appertain. The purchase of camp equipage and the regimental color, which shall be of the pattern prescribed by the Governor; the procuring of subsistence during periods of separate regimental instruction and encampment, and the hiring of transportation and music on such occasions, will constitute legitimate objects of expenditure of a regimental fund. But no expenditures will be made except on warrants drawn by the regimental commander, based on specific resolves of the council of administration. Every regimental paymaster shall receive and disburse all moneys belonging to the fund of his regiment, and shall render an account of his fund to the regimental commander on the last day of April, August, and December of each year. Performing the duty assigned in this section shall not excuse a regimental paymaster from the performance of any other duty that may appertrin to his office.
SEC. 55. All the fines assessed by brigade, division, and army corps courts martial shall go to and constitute a part of the fund of the brigade, division, or army corps, for which said courts may have been appointed. Said fund shall only be expended for objects connected strictly with the promotion of the discipline, instruction, and military efficiency of the troops to which said fund may appertain. But no expenditure shall be made except on warrants drawn by the commander of the troops to which the fund belongs, based on the specific resolves of the council of administration. The purchase of camp equipage, the purchase of subsistence for periods of encampment and instruction, and the hiring of transportation and music for such occasions will constitute legitimate objects of expenditure of these funds. The paymaster of each brigade, division, and army corps shall receive and disburse all page: 128[View Page 128] moneys appertaining to the fund of his corps, and shall render an account of the same to the commander of his corps, on the last day of April, August, and December of each year. Performing the duties assigned in this section shall not excuse any paymaster from performing any other duty appertaining to his office.
OF RESIGNATIONS, DISMISSALS AND DISCHARGES.
SEC. 56. Any officer commissioned by the Governor, and desiring to resign his commission, shall express his desire in writing, and transmit the same to the Governor, through his immediate commanding officer, who will indorse thereon his recommendation in the case, and the resignntion shall go into effect when accepted by the Governor, and not before.
SEC. 57. In the expenses of the State Encampment to be paid on the warrant of the Governor, out of the fund set apart for that purpose, the necessary cost of transportation of men and baggage shall be included. The necessary arrangements and supplies for such encampment shall be provided under the direction of the Commander-in-Chief, by the Quartermaster-General, to whom all accounts of Assistant Quartermasters-General in connection with such encampment shall be rendered.
OF COURTS MARTIAL.
SEC. 58. There shall be three classes of courts martial: First, Company commanders shall have power to appoint courts martial for their respective companies; such courts shall consist of three members and a recorder who shall be the regimental judge advocate, or unless otherwise provided may be the company clerk. At least one member shall be a commissioned officer, but the remaining members may be taken from the sergeants. The authority of the company courts martial shall extend only to breaches of discipline in the administration of the company both under the requirements of the general service and the company by-laws on the part of the non-commissioned officers, the musicians and the rank and file of the company, for which said court may have been appointed. They may inflict fines not to exceed ten dollars, reduce noncommissioned officers to the ranks, and expel a member. Second, Regimental commanders shall have power to appoint courts martial for their respective regiments. Regimental courts martial shall consist of not more than seven nor less than three commissioned officers and the regimental judge advocate. They shall take cognizance of all violations of the general regulations and orders for the government of the military forces of the State, of all breaches of discipline and good order, and of all infractions of the regimental by-laws committed by the officers, the non-commissioned officers, the musicians, the rank and file of their respective regiments. They shall have power to impose fines not to exceed thirty dollars, to expel musicians and the rank and file from their companies, to reduce noncommissioned officers to the ranks, and to expel them from the service, to suspend officers from rank and command and to cashier them, but no sentence of a regimental court martial cashiering an officer shall be carried into effect until it shall have been approved by the brigade commander. Third, Commanders of brigades shall have power to appoint general courts martial for their respective commands. General courts martial shall consist of not more than thirteen nor less than five commissioned officers, and a brigade judge advocate. They shall take cognizance of all breaches of discipline and good order, and of all violations of the general regulations and orders for the government of the military forces of the State committed by the officers, the noncommissioned officers, the musicians, or the rank and file of the command for which the court may be appointed. They shall have power to impose fines not to exceed fifty dollars, to expel musicians and the rank and file from their companies, to reduce non-commissioned officers to the ranks and expel them from service, to suspend officers from rank and command and cashier them, but no sentence of a general court martial cashiering an officer shall be carried into effect until it shall have been approved by the brigade commander, and only general courts martial shall have the power to take cognizance of capital cases.
SEC. 59. The proceedings of general courts martial shall be assimilated to the forms and modes of procedure directed for like courts by the "Rules and Articles of War," and the general regulations for for the government of the armies of the United States, and the proceedings of regimental and company courts martial, shall be conformed to the modes of procedure practiced in regimental and garrison courts martial in tb armies of the United States.
SEC. 60. The senior officer on the detail, and present at the trial, shall preside over the deliberations of the courts. He shall announce all decisions of the court, and preserve good order and decorum during its sittings.
SEC. 61. All persons connected with military service, are required to treat courts martial with respect, and in default of such respectful consideration, may be proceeded against by arrest and trial. Non-military persons are equally required to behave with respect and decorum towards courts martial, and to commit no disorder or disturbance in their presence; and for any such disorderly conduct or disturbance, they may be proceeded against before the nearest justice of the the peace, and, upon conviction, shall be fined not more than twenty nor less than three dollars, with costs.
SEC. 62. It shall be the duty of every judge advocate or recorder to keep a faithful record of the proceedings of his court; to enter thereon the order appointing the court, the names of the members present, the response of the accused when asked if he objects to any member of the court, a copy of the charges and specifications against the accused, and his plea to each specification and charge, a brief synopsis of the evidence of each witness for the prosecution and the defense, and finally, the finding and sentence of the court in full - which proceedings shall be signed by the President, and attested by the Judge Advocate or Recorder, and transmitted, without delay, by the latter to the officer ordering the court. The Judge Advocate or Recorder of every court martial, shall have the same power to summon all witnesses required either for the page: 129[View Page 129] prosecution or the defense, as by existing laws the clerks of the Circuit Court in the State have; and any person so summoned, and failing to attend, shall be dealt with as for a contempt under existing laws. Judge Advocates shall receive the same compensation for their services as prosecuting attorneys receive in cases of conviction, and witnesses summoned by them shall receive the same compensation for their attendance before courts martial, as is allowed by the law now in force for their attendance upon the civil courts of the State, recoverable from the accused if he be found guilty.
SEC. 63. Before the arraignment of the accused, the Judge Advocate or Recorder will administer the following oath or affirmation to the members, (which oath or affirmation will be taken by the members standing): "You, A, B, C, D, (the Judge Advocate or Recorder addressing each member by his title name,) do solemnly swear (or affirm) that you will well and truly try and determine, according to evidence, the cause now before you, between the State of Indianana the accused, and that you will render justice according to the rules and articles of war and the laws of this State for the government of its military force, without partiality, favor or affection; and, should any doubt arise, not explained by said rules and articles or laws, then according to the best of your understanding, and the custom of the service in like cases; and you do further swear that you will not divulge the sentence of the court, nor the votes nor the opinions of any particular member, unless required to give evidence thereof in a court of justice, in due course of law, so help your God;" or "under the pains and penalties of perjury" (as the case may be.)
SEC. 64. The Court, having been sworn by the Judge Advocate or Recorder, the following oath or affirmation will be administered by the President to him: "You, E, F, do solemnly swear or affirm that you will well and impartially discharge the duties of Judge Advocate (or Recorder) , in the case to be tried, as well to the State as to the accused, and you do further swear, that you will not disclose the sentence of the court, except to the authority ordering the same, nor will you disclose the votes or opinions of any particular member, unless required to give evidence thereof before a court of justice, in due course of law, so help you God;" or "under the pains and penalties of perjury" (as the case may be;) and the ministerial officer in attendance &hall be sworn to secrecy.
SEC. 65. The Judge Advocate or Recorder shall administer the following oath or affirmation to every witness who may give evidence before a court martial or a court of inquiry: "You do solemnly swear or affirm that the evidence you shall give in the case now in hearing, shall be the truth, the whole truth, and nothing but the truth, so help you God;" or "under the pains and penalties of perjury" (as the case may be.)
SEC. 66. The members of a court martial or court of inquiry shall assemble when practicable, in full dress uniform, and deliberate seated, the President at the head of the table and the members on his right and left hand, according to rank, on each side of the table, the senior officers nearest the President. The Judge Advocate or Recorder will be seated opposite to the President.
SEC. 67. It shall be the duty of the Regimental Quartermaster, or ministerial officer, acting at n, company or regimental court martial, to receive from the proper collecting officer such moneys or fines as may be collected in pursuance of the judgments of such court martial, giving his receipt for the same to pay the officiating Judge Advocate or Recorder, as the case may be, and attending witnesses the fees to which they may be entitled therefrom, and to pay over the balance to the company or county treasurer, as the case may be, to be placed by him to the company or regimental fund in his possession.
SEC. 68. It shall be the duty of the Assistant Quartermaster General, or other ministerial officer officiating at a brigade court martial, to receive from the proper collecting officer the moneys or fines which may be collected in pursuance to the judgements of each court martial, giving him his receipt for the same, to pay the officiating Judge Advocate or Recorder, as the case may be, and the attending witnesses, the fees to which they may be entitled therefrom, and to retain the balance as a special fund, to be appropriated in the liquidation of the contingent expenses of brigade courts martial.
SEC. 69. The persons acting upon a brigade court martial shall be allowed ten cents per mile for the distance traveled, going to and returning from the place of meeting, and one dollar per diem during the session of such court martial. The bills of each member shall be approved by the President of the court martial, and countersigned by the Judge Advocate or Recorder officiating, and when so approved and countersigned, they may be presentee to the Adjutant-General, and if deemed correct by him, he shall place his endorsement thereon, whereupon a warrant shall issue from the Governor upon the Treasurer of State, against the military fund; for the amount of such bills or accounts.
SEC. 70. The proceedings of a court martial shall be transmitted by the Judge Advocate or Recorder, without delay, to the officer ordering the same, or to his successor in command, who may confirm, disapprove, commute or remit the sentence, and as soon thereafter as possible shall issue his orders thereon, and file the proceedings in his office.
SEC. 71. No officer, non commissioned officer, musician or private shall be tried, except on written charges and specifications, of a nature sufficiently comprehensive to embrace all the matters of accusation; and the President of the court will place all officers and non-commissioned officers in arrest, and musicians and privates in confinement, if the same has not been previously done, before they are put on trial.
SEC. 72. Officers cashiered by sentence of a court martial, shall be precluded thereby from again volunteering into the military service of the State, except the sentence be remitted by the Commander-in Chief.
SEC. 73. All fines inflicted by legally constituted courts martial shall be collected by law, and a certified copy of the finding and sentence of the courts martial filed in any court of competent jurisdiction, praying relief, and signed by page: 130[View Page 130] an attorney, shall be a sufficient complaint. The proceedings for the recovery of any fine so inflicted shall be in all respects like proceedings under the statute to recover an ordinary debt. It shall be the duty of the Judge Advocate to institute the proceeding, or cause it to be instituted; and a copy of the finding of such court, certified by the presiding officer, shall be prima facia evidence of the facts therein contained.
SEC. 74. The fine, when collected, shall be paid over by the court to the treasurer of the company, or the Quartermaster of the regiment, or the Assistant Quartermaster-General of Brigade, for which the court martial was in the first place appointed; such fine going into and constituting part of the fund of such company, regiment or brigade.
SEC. 75. The general principles and spirit of the military laws and regulations for the government of the armies of the United States, when not in conflict with the express provisions of this act, or the Constitution of the State of Indiana, shall be the guide of commanding officers and courts martial.
SEC. 76. No want of mere form, or absence of a simple technicality, shall vitiate the proceeding of a court martial.
MISCELLANEOUS.
SEC. 77. Any officer or any portion of the staff, or any separate commander shall have authority to administer oaths to military persons when such may be necessary under this act, and the same penalties shall attach to false swearing in such cases as are now provided by law in case of perjury.
SEC. 78. No person shall be a member of two companies at the same time.
SEC. 79. Any officer who removes beyond the limits of his company, or other command, shall be considered as having resigned; and every member of a company who removes beyond the limits of the county, shall be considered as having been discharged.
SEC. 80. In the absence of an appropriate commander or other officer, the next in rank in the same command and corps shall succeed to his authority.
SEC. 81. Should there be no commissioned officer present with a company, the regimental or other commander shall have authority to assign an officer to command until some officer is elected to the place.
SEC. 82 Every senior in appropriate command shall have authority to control the actions of his junior, in accordance with the principles of military subordination, under the laws and usages that govern the United States army.
SEC. 83. In all cases not herein otherwise directed, the duties, both of the staff and of commander and other and other officers and members of the active militia shall be made to conform as nearly as possible to the duties of the corresponding position in the United States service.
SEC. 84. When bodies of troops meet on duty, the officer highest in rank in the line of command, shall command the whole, and an officer of higher rank may at any time take immediate charge of any portion of his command when on duty.
SEC. 85. When officers are of the same grade the officer holding a commission of the 'oldest date shall command, and if of the same date their relative rank shall be determined by lot.
SEC. 86. It shall be the duty of the Adjutant-General to furnish every military company, upon the commissioning of its officers, with Hardee's Infantry Tactics, and the other systems of tactics for light or other troops in the United States army; also, the Regulations of the Army of the United States, and Treatise on Military Law and Courts Martial; also copies of this net - which books shall be distributed as the property of the State, under proper regulations.
SEC. 87. The rules and regulations provided for the government of the United States army, as far as applicable, shall apply to the government of the active militia of this State, in such cases as may not be provided for by this act, except that no rule or regulation of the United States army shall have effect in the government of the said militia where such rule or regulation would conflict with or supercede any provision of this act.
SEC. 88. The discipline and the position of companies, regiments and brigades, in review, on parade, in line of march, or in line of battle, of the active militia, shall be determined and governed by the rules which govern the troops of the United States army.
SEC. 89. All commanding officers, whether of companies, battalions, regiments or brigades, shall have power to place in arrest any officer or non-commissioned officer, and order into confinement any musician or pirate who may be under their command, and persons in arrest or confinement will not bear arms during the continuance of such arrest or confinement. In extreme cases, such as mutinous conduct, gross and willful violation of orders, and any other instances involving seriously the discipline of the command, non commissioned officers may be placed under guard in like manner as musicians and privates.S
EC. 90. No commissioned officer except staff officers shall be dismissed from the service except by the sentence of a legally constituted court martial rendered after a fair trial, and approved in the manner prescribed in the portion of this act organizing courts martial.
SEC. 91. No officer inferior in grade to regimental commanders shall have power to grant discharges to non-commissioned officers, musicians or privates. Discharges shall be given in writing, setting forth fully the cause of discharge, and signed by the officer granting the same.
SEC. 92. Officers mentioned in this section, shall receive annual salaries, as follows, to be paid quarter yearly out of the military fund in the State Treasury, that is to say: Adjutant-General, eight hundred dollars; Quartermaster-General, eight hundred dollars.
SEC. 93. No person shall be appointed Adjutant-General or Quartermaster-General unless he has received a regular military education, or has bad experience as a military officer sufficient to qualify him for the position.
SEC. 94. In the distribution of arms, as provided in this act, companies formed in those portions of the State in danger of invasion shall be page: 131[View Page 131] preferred to companies formed in other portions of the State. Provided, That nothing contained in this act shall be so construed as to prohibit the governor from making distribution of arms to incorporated towns and cities, according to the provisions of an act passed at the present session of the General Assembly.
SEC. 95. All laws and parts of laws heretofore enacted for the organization or regulation Of the militia, are hereby repealed.
SEC. 96. No commissioned officers, either appointed or elected, shall hold their offices for a longer period than four years.
SEC. 97. It is hereby made the duty of the Secretary of State to have published with this act, "the Rules and Articles of War," and so much of the "general regulations for the government of the army of the United States" as may be directed by the Governor, and have ten thousand copies of the same published in pamphlet form, and distributed pro rata to the several counties at the time and in the manner of distributing laws, or sooner if possible.
SEC. 98. The Commander-in-Chief shall, annually, on the first day of January, report to the Treasurer of State the amount of the military fund drawn on his warrant, the amount expended and the items of expenditure. The Colonel of each regiment shall make a like report to the county treasurer of the amount drawn on his warrant, and the Captain of each company shall make a like report of the amount of the fund distributed to his company to the county treasurer, who shall immediately make a full report thereof to the Treasurer of State; Provided, that nothing in this act shall be so construed as to repeal or modify any provision of an act passed at the present session of the General Assembly, entitled "an act to provide for the employment of six regiments of volunteers for the protection of the property and citizens of the State, and making provision for the organization and equipment of the same, and fixing the compensation of the officers and men comprising said force, and procuring arms therefor," and approved by the Governor May, -- 1861.
SEC. 99. An emergency is hereby declared to exist for the immediate taking effect of this act, find the same shall be in force from and after its passage.
[Approved May 11, 1861. For legislative action thereon see pages 33, 57, 58. 59, 69, 61, 62, 72, 80, 81, 82, 83, 89, 90, 91, 92, 93, 100, 101, 102, 103, 104, 105,110.]
