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the laws, customs or usages thereof have not been incorporated with or subjected to the general regulations of the militia,
11. Be it further enacted, That such corps retain their Independaccustomed privileges, subject nevertheless to all other ca duties required by this act in like manner with the other militia.
AND WHEREAS the reservations contained in the said constitution, relative to the militia of the States respectively, render it necessary that provision should be made in the premises by the legislature of this State:
Section 1. Be it therefore enacted by the General Assembly Militia arand by the authority thereof it is enacted, That the whole militia to"
uld to one diof this State shall be arranged in one division: that his ex- vision. cellency the governor for the time being shall be captain- Governor
to be capgeneral and commander in chief thereof: that the said tain gene division shall consist of four brigades; that the militia of ral. the counties of Newport and Bristol shall form the first
into brigbrigade; the militia in the county of Providence the se- ades. cond brigade ; the militia in the county of Washington the third brigade; and the militia in the county of Kent the fourth brigade: that the brigade in the counties of And regiNewport and Bristol shall consist of three regiments; the ments. brigade in the county of Providence of six regiments; the brigade in the county of Washington of three regiments; and the brigade in the county of Kent of two regiments; and that each regiment whose numbers in the opinion of the field officers will admit of it, shall be divided into battalions.
Sec. 2. And be it further enacted, That the regiments a- Regiments foresaid be constituted as follows, to wit: that the towns constituof Newport, Portsmouth, New-Shoreham, Jamestown and Middletown, constitute the first regiment; the towns of Providence and North Providence, the second regiment; the towns of Westerly, Charlestown and Hopkinton, the third regiment; the towns of Bristol, Warren and Barrington, the fourth regiment; the towns of Warwick and EastGreenwich, the fifth regiment; the towns of Smithfield and Cumberland, the sixth regiment; the town of Scituate, the seventh regiment; the towns of North-Kingstown and Exeter, the eighth regiment; the towns of WestGreenwich and Coventry, the ninth regiment; the towns of Tiverton and Little-Compton, the tenth regiment; the towns of South-Kingstown and Richmond, the eleventh regiment; the towns of Glocester and Burrillville, the
twelfth regiment; the town of Foster, the thirteenth regiment; and the towns of Cranston and Johnston, the
fourteenth regiment. Compa- Sec. 3. And be it further enacted, That there shall be nies con four companies of militia in the town of Newport; six
companies in the town of Providence; two companies in the town of Portsmouth; four companies in the town of Warwick; three companies in the town of Westerly; one company in the town of New-Shoreham; four companies in the town of North-Kingstown; four companies in the town of South-Kingstown; two companies in the town of East-Greenwich ; one company in the town of Jamestown; five companies in the town of Smithfield; four companies in the town of Scituate ; three companies in the town of Glocester; two companies in the town of Charlestown; three companies in the town of WestGreenwich; five companies in the town of Coventry; three companies in the town of Exeter; two companies in the town of Middletown; three companies in the town of Bristol; three companies in the town of Tiverton; two companies in the town of Little-Compton ; two companies in the town of Warren ; three companies in the town of Cumberland ; two companies in the town of Richmond; three companies in the town of Cranston ; three companies in the town of Hopkinton ; two companies in the town of Johnston; two companies in the town of North-Providence ; one company in the town of Barrington ; four companies in the town of Foster, and three companies in the town of Burrillville : and that the
aforesaid division, brigades, regiments, battalions and officered. companies, be officered agreeably to the several acts of
Congress, and that the officers be engaged according to law.
Sec. 4. And be it further enacted, That in addition to the
persons exempted from military duty by the act of conemptions.
gress herein before recited, there shall be and hereby are exempted from such duty, the following persons, to wit: all persons who have holden the office of governor or lieutenant governor; all persons who have sustained any military commission or commissions or staff office, with the rank of an officer of the line, previous to the last day of February, A. D. 1796, and took their engagement on such commission or commissions according to law: all persons who after the said last day of February, A. D. 1796, shall have holden any military commission or commissions, or staff office as aforesaid, for the space of
Militia how to be
five years successively, and shall have been engaged thereon, according to law; and every person who after the said last day of February, A. D. 1796, shall have holden any military commission or staff office as aforesaid, and taken his engagement thereon according to law, and shall have been left out at any election or appointment to such commission or staff office : Provided nevertheless, Proviso. That any person who shall claim an exemption on account of his having held any military commission or staff office as aforesaid, shall exhibit to the commanding officer of the company within the bounds of which he shall reside, if required by said commanding officer, his originalcommission or evidence of his appointment to such staff office as aforesaid, by virtue of which he shall claim such exemption, and the original certificate of his having been engaged thereon; and shall also, if required, leave with the said commanding officer, a copy of each of them, which copies the said commanding officer shall deliver to his successor in office.
s Sec. 5. And be it further enacted, That persons of the Tempofollowing descriptions, so long as they shall continue of emotions, said descriptions, shall be and hereby are exempted from military duty, to wit: the members of the senate, the justices and clerks of the supreme judicial court, the justices and clerks of the courts of common pleas, the secretary, the attorney-general, the general treasurer, the sheriff of each county, one ferryman at each stated ferry who usually navigates the boat, one miller at each gristmill who usually attends the same, the keepers of lighthouses within this State, every settled or ordained minister of the gospel, the president, professors, tutors, students and steward of Brown University ; town-treasurers, town-clerks, practising physicians and surgeons, not including their pupils; preceptors and ushers of academies and schools, engine men who have attained the age of twenty-one years, and provided there shall not be more than twenty men to each engine; the members of the fire-hook and ladder company in the town of Provi. dence ; every member of a chartered independent military company, who shall deliver once for all a certificate from the commanding officer of said body, that he is a member thereof, and completely equipped according to law and the rules and regulations of said body; and all persons belonging to the society of friends, commonly called quakers, on producing a certificate from the clerkor
overseers of said society that they are members thereof; and every other person shall be exempt who shall produce a certificate from one of the justices of the supreme judicial court, that such person has made oath or affirmation before him that he is conscientiously scrupulous against bearing arms, and also a certificate from the minister, elder or clerk of a religious church, that the said person is a member thereof, which last mentioned certificate shall be produced to the justice before he shall administer the oath or affirmation aforesaid; and the original certificates aforesaid shall be delivered to the captain of the company within whose bounds the party claiming exemption shall reside, or he shall not be allowed to avail
himself of the privileges of this act. Com- Sec. 6. And be it further enacted, That whenever any manding member of such chartered independent military body chartered shall cease, otherwise than by death or removal out of the company State, to be a member thereof, it shall be the duty of the when a commanding officer of such body forthwith to give nomember, tice thereof to the commanding officer of the militia combe such. pany within the bounds of which the said member shall
Sec. 7. And be it further enacted, That it shall be the to be made duty of the commanding officer of every company, wheand how. ther of cavalry, artillery, light-infantry, or infantry of the
line, to make a fair and correct return of the strength and condition of his company to the commanding officer of the battalion or regiment, within twenty days after every battalion rendezvous ; and the commanding officer of the battalion shall cause the said returns to be consolidated ; and within twenty days after the receipt of the same, he shall transmit to the brigade-inspector a fair and correct return of the strength and condition of his battalion or regiment, including every species of troops aforesaid: when the training of the several battalions in a brigade shall have been finished, the brigade-inspector shall consolidate the said returns, and within twenty days shall transmit to the adjutant-general a correct return of the strength and condition of the brigade, noting the failure of every commanding officer of a battalion to make the return required : and if from any cause the brigade-inspector shall be prevented from attending the training of the officers in any battalion, it shall be his duty without delay to cause application to be made to the commanding officer for his battalion or regimental return : the
forms of the several returns shall be furnished by the ad- Forms of jutant-general to each brigade-inspector; and the brig- be fur. ade-inspector shall furnish to the commanding officers of nished by
adjutantthe several battalions and regiments in his brigade, the
general, forms of battalion and company returns'; and the com- &c. manding officer of the battalion shall cause the said forms to be furnished to the commanding officer of each troop and company attached to the battalion: any offi- Penalty cer failing to perform the duties hereby required in rela- for not ma
retion to the aforesaid returns, shall forfeit and pay a fine as turn. follows: the commanding officer of a troop or company, not less than five, nor more than twenty dollars; the commanding officer of a battalion, or the brigade-inspector, not less than twenty, nor more than forty dollars; to be sued for and recovered, by the adjutant-general, in an action on the case, before any court of competent jurisdiction, in the county where the offender resides; and no appeal shall be allowed to either party; and the officers aforesaid shall moreover be liable to be arrested for such offence, and cashiered or punished with other inferior punishment, by a sentence of a court-martial : and where said companies are not respectively attached to any battalion or brigade, returns shall be made to the adjutant-general on or before the first day of November annually, under the same penalties.
Sec. 8. And be it further enacted, That the militia of Regimenthis State shall in every year, in the month of September, ing. meet by regiment or battalion, for the purpose of training, disciplining and improving them in martial exercise ; and the places of regimental or battalion rendezvous shall be appointed by the commandants of the regiments respectively; and the days of the regimental or battalion rendezvous by the respective brigadiers.ba
Sec. 9. And be it further enacted, That it shall be the Orders for duty of the brigade-major of each brigade to furnish muster. a copy of all orders for muster to the commandants of regiments within each respective brigade, and of the adjutant of each regiment to furnish a copy of all orders for muster to the commanding officers of the respective companies.
Sec. 10. And be it further enacted, That whenever the Compacommanding officer of any company shall receive orders nies how from his brigadier or the commandant of his regiment, he warned. shall issue his warrant for the assembling of his company, with the list of the men thereof, at least ten days before