CHAPTER 62.
OF PUBLIC ARMS AND DEFENCES.
AN ACT to Amend and add to Chapter 392, Volume 20, Laws of Delaware, entitled "An Act Providing for the Maintenance, Discipline, and Regulation of the National Guard of Delaware," and an Amendment thereto,
Contained in Chapter 284, Volume 22, Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
Section 1. That the said Acts be and the same are hereby amended as follows:
First: By striking out Section 1, and inserting in lieu thereof the following:
"Section 1. That the active militia of this State shall hereafter be designated and known as the "Organized Militia of Delaware," and shall be subject at all times to the orders of their officers; provided, that the designation "Organized Militia" shall be substituted for that of National Guard wherever it appears in the militia laws of this State."
Second: By striking out Section 2, and inserting in lieu thereof the following:
"Section 2. In time of peace, the Organized Militia of Delaware shall consist of a General Staff, to be composed of an Adjutant General and Chief of Staff, who shall also be the Adjutant General of the State, with the rank of Brigadier General; an Assistant Adjutant General; an Inspector General; a Chief Quartermaster and Commissary; a Chief of Ordnance and Inspector of Rifle Practice; a Judge Advocate General; and a Chief Surgeon, each with the rank of Major, provided, that any officer above the rank of Major now in commission who may be appointed to fill an original vacancy shall retain his present grade; one Post Quartermaster Sergeant; one Post Commissary Sergeant; one Ordnance Sergeant; and such other Non-commissioned officers as may be necessary. One regiment of infantry to consist of two battalions of four companies each, with one band or drum corps, one hospital detachment, and such other detachments as may be necessary for the completion of the organization, to be officered, uniformed, armed and equipped as hereinafter provided, and to be stationed as the Commander-in-Chief may designate; provided further, that the force shall not exceed six hundred and seventy-five officers and men; that the Commander-in-Chief may officer, man, and equip the detachments herein mentioned as necessity requires, and that the Commander-in-Chief may make such changes as are necessary in the organization to conform to the organization of the United States Army, in accordance with the Act of Congress approved January 21st., 1903; and provided further, that the Governor, as Commander-in-Chief, shall have power in case of war, invasion, insurrection, riot or imminent danger thereof, to increase said force and organize the same as the exigencies of the case may require, which increase shall be disbanded as soon as the emergency ceases to exist."
Third: By striking out Section 3, and inserting in lieu thereof the following:
"Section 3. Each Infantry Company shall consist of one Captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, four sergeants, six corporals, two musicians, one artificer, two cooks, and not more than forty-eight privates, minimum thirty enlisted men. Each infantry band shall consist of one chief musician, one principal musician, one drum major, who shall have the rank of first sergeant; four sergeants, eight corporals, one cook, and twelve privates. Each hospital detachment shall consist of two sergeants, first class, one corporal, and seven privates."
Fourth: By striking out Section 5, and inserting in lieu thereof the following:
"Section 5. The regiment provided for in Section 2 of this Act shall consist of one Colonel; one Lieutenant
Colonel; two Majors; one Surgeon, with the rank of Major; one Assistant Surgeon, with the rank of Captain; one Chaplain, with the rank of Captain; eleven captains, three of whom shall be detailed as Regimental Adjutant, Regimental Quartermaster, and Regimental Commissary; ten First Lieutenants, two of whom shall be detailed as Battalion Adjutants; ten Second Lieutenants, two of whom shall be detailed as Battalion Quartermasters and Commissaries; provided, that the office of Captain and Regimental Inspector of Rifle Practice, and Captain and Judge Advocate shall cease to exist when vacated by the present incumbents; one Regimental Sergeant Major; one Regimental Quartermaster Sergeant; one Regimental Commissary Sergeant; and two Color Sergeants; two Battalion Sergeants Major; provided further, if the regiment from any cause is reduced to six companies, those remaining may be formed into one battalion, and officered and manned as the Commander-in-Chief may direct. In case of a reduction to six companies and the formation of a battalion, the surplus officers and men will be mustered out of the military service of the State."
Fifth: By striking out Section 10, and inserting in lieu thereof the following:
"Section 10. All persons enlisting in the Organized Militia of Delaware shall, immediately upon such enlistment, take and subscribe an oath in the following form, viz:
"State of Delaware,
________________ County, ss.
I, ___________, of the county of _________ and State of Delaware, do hereby acknowledge to have voluntarily enlisted (or re-enlisted) this ______ day of ______ as a soldier in the Organized Militia of Delaware, for the period of three years, unless sooner discharged by proper authority, and do also agree to accept from the State of Delaware such bounty, pay, rations, and clothing as are or may be prescribed by law, and I, ______ , do solemnly swear to support the Constitution of the United States and the Constitution and laws of the State of Delaware, and that I will obey the orders of the Governor of the State of Delaware, and the orders of the officers appointed over me according to the laws of the State of Delaware.
___________ (Seal.)
Sworn and subscribed before me this ______ day of _______,
______________"
This oath may be administered by any commissioned officer in the military service of the State, or by such other person authorized by law to administer oaths, as the Commander-in-Chief may direct, and shall be signed in triplicate, one copy to be retained by the company commander, and two copies shall be forwarded to regimental headquarters, one of which shall be forwarded to the office of the Adjutant General."
Sixth: By striking out Section 11, and inserting in lieu thereof the following:
"Section 11. The Governor's Staff, commissioned and non-commissioned, shall be appointed, commissioned, and warranted by the Commander-in-Chief without examination, and shall hold their commissions or warrants subject to the pleasure of the Commander-in-Chief; provided, that such commissions or warrants shall expire with the term of the Term Commander-in-Chief."
Seventh: By striking out Section 12, and inserting in lieu thereof the following:
"Section 12. The Regimental Staff Officers, consisting of the Adjutant, Quartermaster, and Commissary, will be appointed by the Regimental Commander, from the Captains provided for in Section Five.
The Battalion Staff Officers, consisting of the Battalion Adjutant, and the Battalion Quartermaster and Commissary, will be appointed by the Regimental Commander, from the First and Second Lieutenants respectively, provided for in Section Five, upon the recommendation of the Battalion Commander. The Regimental Commander shall also report his action to the Adjutant General of the State."
Eighth: By striking out Section 13, and inserting in lieu thereof the following:
"Section 13. Field Officers, Surgeons, and the Chaplain, shall be elected by ballot by the Commissioned Officers of the regiment or battalion, provided, that no Surgeon shall be appointed who does not hold a certificate of the State Medical Board of Examiners; such elections to be ordered by the General Adjutant General, who shall give ten days written notice thereof, through the proper military channels, to the Commissioned Officers of such regiment or battalion. A majority of the votes cast at an election shall be necessary to a choice."
Ninth: By striking out Section 14, and inserting in lieu thereof the following:
"Section 14. The Captains, First Lieutenants, and Second Lieutenants provided for in Section Five of this Act,
shall be elected by ballot, by the members of the Company in which a vacancy exists; said election to be order by the Commanding Officer of the regiment or battalion, who shall give ten days written notice thereof to the Commanding Officer of said Company, who shall publish the same to his command, and post it in the Armory of his Company at least five days prior to said election. A majority of the votes cast at an election shall be necessary to a choice. Said Captains, First Lieutenants and Second Lieutenants may be transferred from one Company to another by the Commander-in-Chief."
Tenth: By striking out Section 17, and inserting in lieu thereof the following:
"Section 17. The Commissioned Officers of the General Staff, and the Commissioned Officers of the Field, Staff, and Line, shall be commissioned as officers of the Organized Militia of Delaware, and shall serve until retired, discharged, or removed by the proper authority; provided, that the Chief of Staff and all officers, excepting the Captain and Inspector of Rifle Practice and the Captain and Judge Advocate, holding a commission in the Field, Staff, or Line, at the time of the passage of this Act, shall be re-commissioned in their respective grades, without examination, and the officers holding commissions as Captain and Inspector of Rifle Practice and Captain and Judge Advocate at the time of the passage of this Act shall hold their commissions until their present terms of office expire as provided for in Section Five of this Act."
Eleventh: By striking out Section 21, and inserting in lieu thereof the following:
"Section 21. The Commander-in-Chief of the Commanding officer of the troops shall have power, upon the recommendation of the company commanders, or when satisfactory reasons are given, to grant a discharge to any enlisted man whose term of enlistment may not have expired, and he shall also issue to all enlisted men having faithfully served their term of enlistment, an honorable discharge, under his hand, from the service of the State; no dishonorable discharge shall be given except upon sentence of a court-martial, upon approval of the Commander-in-Chief."
Twelfth: By striking out Section 27, and inserting in lieu thereof the following:
"Section 27. The Commander-in-Chief may, from time to time, and at any time, appoint a board composed of not less than three nor more than five officers, whose duty it shall be to examine into the capacity, qualifications, propriety of conduct, efficiency, and ability to perform the duties required of any commissioned officer who may be reported to the Commander-in-Chief by the proper authority as being incompetent or unfit to discharge the duties of his office; and upon the report of such board, if adverse to such officer and approved by the Commander-in-Chief, such officer may be discharged in such manner as the Commander-in-Chief may direct. The Commander-in-Chief and the ranking officer of the troops may also call boards of officers for settling military questions and for other purposes of administration and discipline."
Thirteenth: By striking out Section 56, and inserting in lieu thereof the following:
"Section 56. The Commander-in-Chief is hereby authorized upon the recommendation Of the General Staff, or a Board of Officers appointed by him for the purpose, to make and publish rules and regulations for the government, discipline, and exercise of the Organized Militia, to carry out the provisions of this Chapter, which rules and regulations shall, as far as practicable, conform to the rules and regulations of the United States Army, and which rules and regulations, when promulgated, shall have all the force of the law."
Section 2. Any Commissioned Officer of the Organized Militia who has reached the age of sixty-four years shall be placed upon the retired list by the Commander-in-Chief. Any Commissioned Officer of the Organized Militia, who has served faithfully as an officer of the National Guard or Organized Militia for a period of not less than ten years, may, at his own request, be retired from active service, or if a commissioned officer who has not served as such for the full length of time herein above provided, shall become permanently disabled to perform his duties, he may, upon his own application, and in the discretion of the Commander-in Chief, be so retired. Any enlisted man having served faithfully for a period of fifteen years, or becoming disabled in the service, may be retired from active service in the discretion of the Commander-in-Chief.
Officers and enlisted men retired shall be borne on the roster of the Organized Militia as so retired, and shall be entitled to wear the uniform of the highest grade attained by them on all occasions of ceremony. Retired officers may, in the discretion of the Commander-in-Chief, with their consent, be temporarily placed on active duty.
Section 3. On and after the passage of this Act, commission officers of the Organized Militia shall receive annually the sum of Twenty-five Dollars each, to assist in uniforming and equipping themselves, provided, they have been actually present and have performed eighty percent of duty during the year, and have been in the service one year; and further, that on and after the passage of this Act each Company of the Organized Militia of this State quartered in the Armory at Wilmington shall receive the sum of One Hundred Dollars annually, and each Company outside of Wilmington the sum of Two Hundred Dollars annually, and Regimental Headquarters the sum of One Hundred and Fifty Dollars annually, for the payment of armory rents and current expenses, in addition to that already appropriated, to be paid in like manner as provided in Chapter 392, Volume 20, Laws of Delaware. For the purpose of carrying into effect the provisions of this Section, the sum of Two Thousand Five Hundred Dollars is hereby appropriated annually, and the State Treasurer is hereby authorized and directed to honor the warrants of the Adjutant General, when countersigned by the State Military Board, for that amount.
Section 4. When it may be necessary to use any military force to provide for the protection of the lives or property of the people of this State, or in time of imminent danger of foreign or domestic violence, or breach of the public peace, or imminent danger to the lives or property of the people of this State, the Governor, as Commander-in-Chief, shall have power, according to the emergency, to call out any regiment, battalion, company, or any part thereof, for that purpose. Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified part thereof, to be in a state of insurrection.
Section 5. The Commissioned Officers of the General Staff, will be appointed by the Commander-in-Chief, subject to examination as to fitness and ability to perform the duties required in their respective departments. The Non-commissioned officers of the General Staff will be appointed from the enlisted men of the Organized Militia, by the Commander-in-Chief upon the recommendation of the heads of the respective departments. The warrants of such non-commissioned officers will remain in force so long as the soldier is continuously in the service; each re-enlistment being noted on the back of the warrant.
Section 6. The commissions of the officers provided for in this Chapter will be issued without charge, and will be
transmitted through the office of the Adjutant General for record.
Section 7. All Acts or parts of Acts inconsistent herewith are hereby repealed.
Approved March 5, A. D. 1907.