State of Alabama

“ No officer or private shall be arrested by any civil process while going to, continuing at or returning from any muster or court martial or other military meeting; and any arrest, process or execution on the person, at such time, is hereby declared void. All persons liable to do militia duty, going to, or returning from any muster or court martial, shall pass all ferries, bridges and turnpikes, free of expence. ”

“ All malitia officers may hold their commissions during good behaviour: none shall resign under two years, unless permitted to do so by a court martial; the President of which shall be of equal rank with the officer wishing to resign, under the penalty of being inelligible to any military appointment for the next succeeding two years. And in case any military officer may become a candidate at any election for a superior office and not be elected his place shall not be vacated thereby. ”

“ All persons liable to do militia duty, moving into the bounds of a company, shall within thirty days or at the next muster after his arrival in said bounds, report himself to the commanding officer of said company, who shall immediately enroll him. ”

“ Any non commissioned officer or private of the Militia, who shall refuse to turn out on the order of his proper officer, in case of insurrection, invasion, or alarm, shall be fined in any sum not less than twenty nor more than one hundred dollars.
Sec. 33. Any non-commissioned officer or private of the Militia when drafted and ordered to repair to the place of rendezvous, shall suffer death, or such other punishment as a court martial, may inflict. ”

“ There may be one company of volunteer Light Infantry or Riflemen in each regiment to consist of not less than forty eight, nor more than eighty privates to be officered in the same manner as other companies of the regiment are; the non commissioned officers and privates of the said companies shall be liable to do patrole duty, with in the limits of the militia companies in which they may reside; they may choose their own uniform ”

“ The Quarter-master General or person who shall have the care of the public arms in the town of Cahawba, shall be authorised and required to deliver any number of the same on every muster day, to the commandant of the volunteer company, in the county of Dallas, known by the name of the Cahawba Guards: Provided, that it shall be the duty of the commandment of said company to have sad arms well cleaned and returned to the arsenal or place of deposit on the same day on which they shall be delivered out ”

“ If no property be found the defaulter may be seized and committed to jail, until the fine be paid: Provided, however that all reasonable excuses shall be heard by the court, when the party accused shall appear to give the same and Provided, also if the said defaulter will swear before any justice of the peace, that he is not worth the amount of the fine, he shall be released. ”

“ The Commander in chief for the time being may at his discretion, aid and assist the citizens of any portion of the State, in erecting temporary works and means of protection, and build such redoubts and establish such military posts as he shall deem necessary and best calculated to promote the common defence. ”

“ Judges of the Supreme, Chancery, Circuit and County courts and their respective clerks, Secretary of state, Treasurer, Comptroller, Attorney General, Solicitors to the different Circuits, licensed Ministers of the Gospel of every denomination, Public Ferrymen, Justices of the Peace, Postmasters, and Post- riders, shall be exempt from militia duty, except in case of imminent danger, insurrection or invasion. ”

“ It shall also be his duty to make all details (in pursuance to orders from the Major General) on the different brigades of their respective divisions and keep a fair register of all the general orders and official acts of the Major General, and lay the same when required, before any tribunal, before which a Major General may be tried on any charges exhibited against him. ”

“ Field officers shall be elected by all free white males over the age of eighteen years in their respective regiments: captains and subalterns by all free white males over the age of eighteen years in their respective companies. ”

“ Sec. 2. And be it further enacted, That the militia of this state shall compose four Divisions; the first of which shall consist of the counties of Jackson, Madison, Limestone and Lauderdale; the second Division shall be composed of the counties of Cotaco, Blount St. Clair, Lawrence, Franklin, Marion, Tuscaloosa, Shelby and Jefferson; the third Division shall be composed of the counties of Greene, Marengo, Perry, Cahawba, Autauga, Montgomery, Dallas and Wilcox ”