v v-.":. !---. c-wt. T"T -SVI"
HALEIGXI, WEDNESDAY," APIIIL 19, 1037
VOL Z2LVIIX. NO 17
LAWS OF'NORTII CAROLINA
rassod at the Session of 1836 '37.
rncHicli .Statute; -----
; militia;.
L'onchtJeJ.- .. . .
.
..rt'mit nnriialitr. favor, or anWtian: -and rou do fur
ther wcr, that jro will not divulge the sentence of the court
until it'shsll be published by the. proper authority, neither will
yoi disclose the vote or opinion of any particular member of
iess by a court of justice. in due course-of law; so help you
Go I." ' And the president shall administer to the judge ad"vn
cite 'the fallowing oath: "You. A. H. do swear that you will
faithfully and impartiallr dttcharo;e the duty of judge advocate
on this occasion, ns well to the State as to the accused, ami
that you will not disclose the vote or opinion of any particular
me ho t of the court, unless required t give cvidenre thereof.
a4 a. witness, by a court of justice, in a due course of -law' nor
livu;e tits sentence of the court to any but to the proper au
1horitffntiMthi'l be du'y published 'by the auuj sj he p
i Jn .a Tim iiiilva mivn-af nf anv en-trt mirli.-i fiiuli,.
I .' . , V. W .HIJ..'- . - -
luti-d according t the provisions of this act, haii and may is:
s;ie a suimnan. in the nature of a subpoena in criminal rasi-s,
e'454tSrwTn'''nrt', '-'nmwn witnesses lor the
sTateani'nnT
ibe bnund --tn'M4eilAiul,gieAUd(Ue.Jbj:fi'j,.jhs CQurt .martia'i.
otwIeVtnf
i''ieTed, in an action of. cebL, belbni a .justice 0t .the peace
unless the witness can prove liis inability to attend.
Sec.j09. Ajl wit wosses shall Jm awornor affirmed by the
jtid-ra adrocaU, fore fliey'i ve trieire w Jen
nil caseV
swear (or affirm, ns the case may I?,) that the cvidenre yon
will pire tho court, in the case between the State and C. D.,
sh!l be the truth, the whole truth, and nothing but tho truth:
scThetp you Oi);!.".
Sec. 70. All triil by c-nurt martial shall ha carried on
in the day time, between the hours of ten o'clock in the
morning and fi ve o'clock in the evening; and when the votes
shall be called tor on any question, the judge advocate siiau
begin with the -youngest in commission, and proceed rciu-,
l-irly to tlie oldest. And Stan c-ourismaniai,uniessiwoiiiiru3
of tho members agree that the accused is guilty, the judge
n Ivntutf shall record his acquittal; and all courts martial au-
tliorLsod and, appiSetTin pursuMce oHl
this State, shall have tuu powcT7arro-jnwtwytrw.
or !er during their session, and t may imprison in the county
jail, for thti space of eight hours, any and nil persons who
thill,, in Iheprescnqa of the court-martial, behave in a. dis-
onleHyund contemptuous inanJ)cTJ.ji ;
Sec. 71. It shall be the duty of the judge advocate, up
on all trials, to state impartially to the court the evidence,
bith for and against the accused, to take in writing the evi
dence both for and against the accused, and to minute down
tho proceedings of the court, all of.which, with the judgment
or santence of the court thereupon, authenticated by his sig
nature, and that of the president of the court, with the pa
pvr.i used at the trial, or copies thereof, certified by him, he
shall transmit under, seal to the officer who ordered the court;
and all motions aud objections to evidence, wlt,ether on the
. part of. th'g ,gat(i;grJhjO,cctijied. and the opinion of the
judge advocate on questions of law made at the trial," shall
be stated in wiitinffr and4he statement of the cotni-laint and
the defence shall be made in writing, so that afultricwpf
the trial may -be had by the officer, whose duty it is to ap
prove or disapprove of the proceedings; and all the original
procaedingsaud judgments or sentence of all courts martial
appointed according to the provisions of this act, after having
DeJn"Sppwrcd or disapproved-by th ofheef ortlering4hvm,
shall by him, as soon thereafter as convenient, be transmit
ted to th a ljutant general of the State, to be deposited and
preserved' in his office, and the party tried by any court mar
tial as aforesaid, upon request by himself or by any person
properly authorised, at the adjutant general's office, shall be
enmeu in b copy or uie original tecuru, citiiiivu as n
Tatdro1nh"er6cWdings
ing reasonably f.r the same..- - - :i U . iv
Sec. 72. When any officer shall be arrested, and noti
fied to attend any court martial which may be ordered for his
trial, and shall refuse or nefflect to attend the same, the said
con rt sha'l take up the charges and specifications alledgcd
azainst him, provided he ua9 been served with a copy tiiere-l1n:d:--pTOCCiC(l,,tb'.tiial
ia-lhe-gaipe'-toaiwatNaa-i-tf lie were.
jre'ent. . ,.'.- . ' ' .;; v . . . - s
iSBc;3. If an lierson hall' w
. riitljr, ."sty.'ar altcly ,1'bffiforft, ,ny ,Cft,ffrt martja1loi!!5Sd
coacerning any matter or thing cognizable belore sucb court
rnirtial, he shall on conviction thereof, be liable to the pains
and penalties of perjury; and ia all cases, to delinquents and
witnefses? oaths and affirmations shall be administered bv
.the j'idg? advocate or presiding officer of such court martial.
"&r. 71. Dishonest or ungeittlemanly conduct in air offi
cer, shall be punished by cashiering and disabling him from
ever holding a -military commission in this State. rr
Sr.c 75. Upon any-'requistion of the United States for
a detachment of the militia from this State, it shall be th
duty of , every captain of infantry to enter upon his roll,
all able bMiea free white men between the ages of eighteen
-dJftrjjtfiye LyearSjujejccept such as are exempted Jny the sec
ond section of the act ofTJongress "orone ihousaildeven
hundred aa i ninety-two. and except the Judgesof the Supe
rior Courts of law and Equity, and ministers of the trdsrwl
regularly ordained, within his company district, and they are
-fcityclaredto.tthf!f!t to- draft.- ProvidrJ,- that noth'
ing in this act shall be understood to subject persons hereto
fore exempted, to rerform ordinary militia duty: and provi-
ded further, nothing herein contained shall be construed to
, conflict with the provisions of the third section of this act.
Seo 76. It shall l)e the duty ol each captain or com
manding officer of a company of militia, detached as part of
tho requisition under the authority of. the United States, to
receive ana enrol in tne place and stead of any person draft
ed to serri in such company any able bodied Irea white citi
zen to serve as a substitute for such person sodrafted.
Skcv-77. " If any commissioned officer under the j;radc of
! a field officer, appointed to command in any detachment from
, this State, under the authority of the United States, shall die,
t r?si?n or .remove out of the regiment towhich he belonffs or;
.may belong, it shall be the dirty of the colonel commvidant!
, of the regiment to which such officer beloneed, to recom-!
Jnend a proper person, resident wiihin the bounds of such
' reziment, to be commissioned by the Governor, to fill such
vacancy ' ""v . ,'"
-Seo7S.
States or of this State, he shall not bo liable to stand a sec-, the printing of the Acta and Resolutions of the General,
ond draft until the whole of the militia within his company
district snail have pertormed a like tour ot duty
Assembly, passed at each and every session theref ta
tei out also, separate and apart from the Acts, the print
Skc. 79. When militia men aro ordered out on duty in inj of the Journals of the fenate and House of Coin-
aid of the civil authority, either to guard a jail or for any
her'pfposeTaiMlibaU agrctably
to orders, each man shall be fined at the discretion of hi3
comfiany Court martial, not exceeding' five dollars for each
day he shall fail to do duty. ; , i"
Skc 80. In all cases of insurrection among slaves or
free nersons of color, cither in anv county of the State, or in
an. adjoinina State, or in case ol invasion, seven justices of, pint
.i ' i - . ... ... . I l.ntl.
uie peace, deeming tne emergency io require may, Hi.jneir
discretion, require, in writing, ol tlie commauilingollioiXJ"'
officers of their county, to call out the militia under his com
maud, and any volunteer company or companies in said coun
ty in the absence of the firld officer who is entitled to the
command to suppress or repel such insurrection or invasion,
or, to protect the inhabitants of their county iroirt the danger
apprehended; and may ognin require of the said officer tn
dismiss his nie:u when thf'yllnnk the danzer the
commandiriL' officer may lismiss in like manner.
Skc. 81. It shall be the duty of the comniandin? officer
forthwith to order out the militia in the way he. shall judge
best lo effect the purpose desired' ho may mako such, con
irjti.may,;tluk the requisite ammunition, and appoint some onea commi-sa.
ry to pfovtde tTiW rfecossary rations for the SHlisi-oncaof the
iofinSJufm iefric'ef nnf MiiMIatily nnslhe Jischarrt3oI.:
the men, the commanding officer is hereby cmpo'vi-n d to dis
pose of any surplus ammunition or provision for th benefit
oflhrState
erly certified by said officer, and forwarded tothe g tvernor
and shall be paid by the State, after undergoing an examina
tion and approval by the governor, treasurer and comptroller,
who arc hereby created a board for that purposu
."' Sec. '82." Tlie commanuTiuT'officr of ntiy regiment, cs
soon as he has called out the militia, tufder the provisions of
the 81st section of this act, shall immediately send an express
to tlie briga.d'cr or 'major general ol his brigade oi division,
informing hiin i of flint fact, and rrf any othcroflieial faclsKeinny
he in possession of, ui:d c ontinue to do so from time to' time:
aud the brigadier or major general shall immediately apprize
the governor, cit'ier by express or mail, ns he may. judge- the
emergency requires, of all the circumstances; in the m"!an
measures ibx.rrDclIiniiJSuch invasion, or supprrssuia: sncli in
suirecion; and the iiMfitla thus i called out, sliaTrbe7ormcr ac
cording to law.
: Si:c, 83, When there may be outlawed or runaway no
groesconimiuing depredations, rr in any way alarming the
citrzensiorany cotintj', or'wlich the ' guarding of a jail is ne
ccssarj', three justices of the peace, certifying the same in
writing, and requesting the officer in command of their coun
ty, he is hereby required to effect the object set forth in said
request of the justices; ar.d the expenses of said militia, so
called out, shall be paid by the court of the county, who are
hereby authorised to lay a sufficient tax to pay sai I militia, at
the same rates ns the regular troops of the United Slates are
by law now entitled to when in actual service. --
Sec; 84.- "The-tnilitia of this .State., .both, officers ancl sol
diers, when called into the service of the State, shall receive
the same pay and rations s-wlien caHed4nto4he-service-of
the United Stales.
Skc. 85. Every officer who shall refuse or neglect on
call or alarm given, to appear at such times arid places ns
shal be appointed by his commanding officer, shall on con
viction before a court martial be cashiered, and rendered in
capable of ever after holding a military appointment under
the authority of this ,Statettfnd Jkj further liable to pay the
sum of forty dollars, to ir collected as herein directed, and if
a non-commissioned officer or private, he snail forfeit and
pay the sum of ten dollars. If any person do not march
against the enemy when .commanded, by himself or substi
tute, or refuse or neglect to do his duty or perform the ser
vices he'is requested to perform by his officer, or quit hia
post, desert ormuiinytusUalL aud. may. jiejawful jbr the
commanding officer of the regiment or corps to order a court
martial for the trial of such offender. The member when
met, shall individually, before they procrcd, take the foflow
ing oath: "I swear well and truly to try and determine, ac
cording to the evidence .of tho matter before mej between this
State and the person now t be tried, so help me 'nod and
ahaitj-nn irial antj .coaxiction,. order punfabmettiLlhe .ofTt'o.;;
mons; and the manner of lettinar out the said nriutinsr
shall be a follows: The Secretary of State shall give
in"onahle- iKiUce.nd -Tereive waled petaakr rt w ri-
ITMS i S & as." -2.2b g
j-lT I) ia r m . A im o .
C in 1 fil - S5 M0T4 "
unj-, i.ir uie prinun aioi-esiuu, unUe r such rules and reg- S 5's? o-
illations as be way prescribe. s 2 v-r-C ?.a LS " E "2. "
Skc. 2. Tho Secretary of State shall also let ou., 2t2 1 4 Z S ? g 2
to the lowest bidder, by the printed pajre, the nublie 5LC.S " 9 5-f2 2 2 5-" ,
tirr wliicfrall-W iuirdau sIb-SLS ? 3 S
riitelyV dunn (he session, in the manner "piTseribea in" ' S-u--a-Sg'--e-g.'5.g.ft g-a ; ,
the foregoing seetion, uud eunimunicale tu the General fi 2 lis g P H. 3 J I ? o- '
Assembly, on the second day or their session, the name a S1 o 5.g 5s S'S'JJ ?3 ,
of the person or persons with whom the said agreements 1 2 Is5 3--5T T a ". 2.3 2f . .
' - i m a . CB e"a e w " " m
orpersons wilh.whoro the con- ftj 2. 5 aL 9n 3 gj g 2 V .
wade, shall give bond, payable to; S : 3 q o ,5- 0 S. a 5 a
or one thousand dollar n each . ft t &Z ? ' ' '
imt seeurltv,) eonditionetl to peiS S 5 5 & 2. 1 "".
, 2 3 r 2 sM-s 1 a f s h g r v -: ' ""
uie iiiiiL-,.Mn;i 111 uen iiiuiiiier, as biian uc prceri- 2 2. . C. 3 t ? s 2 M n. J? &
law. The bonds, and the sreuiify to suid bonds, 5" t" - S.? f '? e.3 5 S ?' 5 s;
0 accepted and unmoved btthe tloicrnor, and the "c . 2-.a"2T r.--r- ' S'SE.'S-S
bml.mM 4U a sr ft .2. "E. w
der, according to the articles of war estalJished for the regula
tion of ihe armyi'-iVoried,4iucbpunishmenl baJlj!i.oJLejtend
to sentence ol death, except in ase of desertion to an ene-
ahall be made
Sec. 3. The person
tract aforesaid siiail be
the -laje, in the sum
enntrau, twiiu annrov
form faithfully the contract so iiuule Uh him or them
j I .1. i' 1 !-M .. ' I .11 I. -.
nillllll
bed by
must b
tme-shnH
shall be filed in the"flhat of the Secret ar'v of hlalc.
'Governor, nil thei propusulii which' shall be'mudc to him
for doing the printing aforesaid. -
. .EX''A 'AbSELr'L-iil. j 0?ictit -number of tin
Jouruals orcaeifstQSo
ply each ineniber I hereof with one copy, and 1 he oflUr
of the Governor rreunrer, - Secretary ' 'and Ucnnpt roller,
and the Clerks of the tounty Courts of thin late with
each a copy, and one other eojv for each of the c'.crks'wfj
the teneiitl Assenililyj n kucucient nunihrr of the nets
passed at each session, to serve each member of the ucn
eral 'Assembly with one eopyj also one eu;y for cieh of
the publio oflieera and clerks as aforc-aid, one copy utv
eiieli Judge andiderklif The
one for ihe AUorney General and eaeh of the-so!i4toi-i).
one fir every clerk and master nfequitr, nnl for everv
juKtiec of the peace and sherifFlliroufiout tho State, and
one copy or the public laws lor. the -executive ol each
Stale andTVmtor
Sec.'G. The public laws tdiaU . be printed- separate
fronfthc Taw9lrirpn7atr
between the public and private laws; und there hhult iiUe
w'ne, be printed, in tho margin of cuch page, the .icarin
whieh'the law Were passed.' The printer shall alsoat-
t aeli to the ueTs orilie General 'APlllblv Uie tttittf tAenf
of Ihe revenue of North Carolina, agreeably to the Uoinp
trollcr's statement, and an index of the laws.
Sec. 7. The fecretary of State shall, within th'iriy
days from tbe rise of each General Assembly, ftiruish Ihe
printer with complete copies of all law s; and. the clerks
of each -house shall, within twenty days ufier the same
time, deliver to Ihe printer complete copies of the jour
nals of each house; and it shall be the duty of the prin
ter -to have such laws and journals of each session prin
ted j and when thus ti n ished. and add resscd to 1 hose: en t i
tlcd la. .receive them lo bo parked
up in parcels for each counly and diirvereirr wlthin nine
y days from the close of each session, to the Secretary
of State. . --''. -"- ;.V5.-?-;-
Sec. 8. The Secretary of State shall employ a trusty
person or persons, to carry to the clerks of the several
County Courts, or to some person in his behalf, the co
pics of the journals' and acts of Assembly hereby dii'Ot
cd'"(o1ediiili'iuOT
can.'i'i - v . v ., -' .. Ki .j,'
4 Sec. 9. The Governor; Treasurer,' Comptroller and
Adjutant General of this -atc,v are authorised to have
printed for their several 0 liters, aucli blanks and other
necessary printing as may be suitable and proper o ena
ble them to discharge ibii duties required of them by law t
the amount for wliicb prliili
just, to be judged or and allowed by tbe board lobe com
posed ot the uoreriior, Secretary ot state, Treasurer and
Comptroller.
;. Sec. 10. Tho journals, acfsofAssembly, report
commitleeBrdheEdocumeii(84)unt
lily, shall be printed in octavo form.
Sec. nAT"tronkhalHTeHtm-4iTbtr-8ccrm
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ilialT be'i'ecoriT F 3 3 an - c E 1. " "
ilBballb4listributljawlbert a jfctieCJl ST..
in any county snail -resign or die, ?r ins oiucc oiuerwise - i-&ar a a I-JLJS SL.S s a o .
4 hS. 3 ST " S "S 5 c-
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. Sec 86. If any non-commissioned officcror-privateiriM
htiaman, while in the pay aud service ol this Siate, shall
wilfully desrt the service, or abanclon tbe postntrssigned to
him withoiit brin resularly discharged or permitted by an
officer duly authorised for that purpose, such iion-rommis-
sioned "officer or private so deserting or abandoning bis po6t
. j i . t r . .i i ji . :.. i i, : .
anu Dcm inereoi ninv
risdiction of the offence,
the nnvAnd emoluments
Hon, and be subject to a fine, not less than twenty nndnot
execcdinar fiAy dollais, and imprisonment not exceeding six
nor less than one month, at the discietion.of the court mar
tfai,affd Tdf iticrmoTe tnrned tver to server as privatesoldier I
in the regular army of the United -btales, at the discretion o
tho court martial, not exceeding double the term of time
which he had been called out to serve in tlie militia, of this
State. k. --'.' ,' j.: '' ,: .- JL 'S" '''''""'
Sec 87. - All acts heretofore pasiedTdn tKe sinSJecrof The
militia are hereby repealed; Provided, that this net shall, not
ext.md lo military appointments made by recommendation to
the present Legislature; and provided that nothing heroin
contained-, shsll be construed lo repeal any private act of the
General Assembly, incorporating, craiitiug privileges to, or
regulatinr pahiciilar corps, whether of. the Volunteers or of
the ordinary militia. '. ::.'. "':-,',i, i :"
Sec. 8S, .It shall be the duty of the adjutant cencral to
have copies of this act printed, and distributed, one copy to
each general oilicef, one- copy to eacn held oflirer, and
two copies lo each company, to bo distributed ns is provided
for the distribution of the acts of tho General Assembly.
LSi:c.J'9. Jlte it further tMClcJ,-ThtAUi act shall be in
force from and alter its' passage. 7 -r. - -
Ratified 20th January, 1S37.
become vacant, U shall be entered therein .
Katilicd 7th January, 1837.
An Act concerning I lie Public Printing. ;
licit enacted by the General Assembly of the Slute
of Js'orlh Carolina, and tl is liereinj ennelea by me au
nctcd by a court martial having .jii-jftorWjf 0j ,he ,flm That in nil eases, -where mlvcrtisc- a'S e 2.g4 3 g-.l
, shall 1 adjudged to have lorle.ted ,ncHl u fiow required by lawlo he made in. the State'- a 3 a -S.S c. 2 2.
due to hun nt the lime of bis deser Gazette, the same may be hcreafler made in any news- 5" 3 g g 3 9
fi.ie.nol .less than twenty andno! paper printed at the scat of governmenl. .-' ? g 3 5. -T.S S
and imprisonment t.ol exceeding six 8bc. 2. ; Ue it farther enaclci, That this act shall be Xr:AJj.J k-Ji T -!,
at ihe disciftion of the court mar. ia (oppc from and after its ratLTcalion. , lie g S. StaS
Hatificd 23d Jantiaryr1837.3
An Act to incorporate Ihe Raleigh and Columbia Rail
uoad Company.
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j;c tt enacted by the General Assembly of ihe Slate w-Z 3 a j T g
n n onn Carolina, ona-inr-fifrcoff rnrjefl oj-i-tu- c g. - c.. .. s?
ihorily of the ajnt, That it shall be'lawKi! lo open books Jf -S o e S" f 5" ra
In the City of Raleigh, under the direction 'of William J EJ-s? 8 - g ! a. -Boylan,
Thomas P. Dcvereux, Duncan Cameron, Wil- a m 3 - n n 3. E.g.g"
liam II. Haywood, jun.. Charles Manly, Alfi-ed Jones, -Z3
Reverly Daniel, Weston R. Gales, George W. Mordecai, 5 S 2 89 JT' S3 b
or any three of thernj and at Haywood, under Ihfl direr-; g 5 Sv? ?a i g
lion of Jonathan Harralson, Charles J. ilHams, Spente 1 : Z " 2. 5 g"2,2'2 gS
r..i .. i ii .. tir;?l" 5 5 S'i1' 2
in vvii-iiii.iiniii, ituiicri I'iturrii, ur ttllT llirro i iiirnij i.. a a
and at Pittsborougb, under the direction of - illiam II.
Hardin, Nathan A. Sledinan, Joseph Ramsay, Green B 2.a,
Womack, or any three of themj at Carthage, under the
a o
a
An Act conecrnjng tlie Public Prin4ing of the tate '
f' Be it enacted bu the General Jlssemblti o f the Slate
In all eases-where-a-Jnililia-man-jshilL Iiaveirr'JV'iorfli Carolina, and it Im hereon f enact ed hv'lhe aulhor-
performed a tour of service, either as a volunteer or drafted ily of the tame. That hereafter it shall lie the duty of
u'iii-iaan, uencr upon mt requisition of the United tbe secretary or Malt to let out, to tn lowest uiuocr,
dircclion of John II. Kelly, A. Currir, John Morrison, g 5.5"
Cornelius Dowd, and J. A. D. McNeill, or any three or r. , s a
Ihemj and at Rockingham, under the direction of AValier 3 p.- fia
V. Leak. James P. Iak: Stenhen Wall, and William R. 4 5 - 3
Cole, or any three of them) and at Wade-dnrougb, under 3 sf
Absalom Mvers, Alexander Little, Hamilton R. Hani-..
mons, or any three of them t and at Fayetlevi'Je, umjer ,
'thedimtfidn'or f 1 "rcniitta J ru.
E. L. Wiaslow, T N. Cameron, or any threo of tbsm '
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