1787 N.C. Sess. Laws 813-14

I. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That all freemen and indented servants within this State, from eighteen to fifty years of age, shall compose the militia thereof; judges of the superior court of law, delegates, secretary, councillor of State, treasurer, attorney general, ministers of the gospel of every denomination having the cure of souls, ferrymen, branch pilots, inspectors of public warehouses, justices of the peace, and continental officers who have served with reputation three years or to the end of the war, unless sooner deranged by a reform of the army, excepted. Provided, That nothing herein contained shall be construed so as to exempt any person from performing duty in case of insurrection or invasion in this State: organized in the following manner, to wit: The militia of each district shall compose a brigade, the infantry of each county shall form a regiment consisting of one or more battalions, with eight regiments of cavalry and two battalions of artillery, formed as hereinafter directed. Provided, That no person shall be enrolled in any troop of horse until approved of by the field officers of the regiment of his county, but shall until then do his duty in the infantry. II. And be it further Enacted by the authority aforesaid, That each and every company of infantry shall consist of one captain, one lieutenant, one ensign, three serjeants, three corporals, one drummer, one fifer and not less than fifty privates; all of whom shall reside in the district: And one troop of horse shall be formed in each county, consisting of one captain, one lieutenant, one cornet, three serjeants, three corporals, one trumpeter and thirty-two privates, and the cavalry in each district shall compose one regiment: And there shall also be one company of artillery in each borough town in this State, consisting of one captain, one captain-lieutenant, and one lieutenant, three serjeants, three corporals, two drummers, two fifers and fifty-two privates, which shall be formed into two battalions, composing one regiment. III. And be it further Enacted by the authority aforesaid, That each brigade shall be commanded by a brigadier-general, each regiment of infantry by a lieutenant-colonel Commandant, a lieutenant-colonel and two majors, except where there may be two or more battalions in one county, then in that case by a lieutenant-colonel commandant of the regiment, and one lieutenant-colonel and one major to each battalion; and each regiment of cavalry by one lieutenant-colonel commandant and two majors; and the regiment of artillery by a lieutenant-colonel commandant and two majors, one to each battalion; who shall be chosen by a joint ballot of both houses of the General Assembly in all cases of vacancy: And the brigadier-general of each district is hereby authorised to appoint the brigade-major, aid-de-camp and inspector to the brigade; the adjutant, the surgeon, and the drum and fife-major shall be appointed by the commanding officer of each regiment; and the non-commissioned officers, drummers, fifers and trumpeters shall depend on the appointment of the captain of each company or troop, who are hereby empowered to make the same. The commissioned officers of companies shall rise to the grade of captain by seniority, and be commissioned accordingly, on the return or certificate of the commanding officer of the regiment; and in case of vacancy in the inferior grades where this rule will not apply, the field officers of the regiment shall recommend proper persons to his Excellency the Governor, who shall issue commissions accordingly. IV. And be it further Enacted by the authority aforesaid, That the commanding officer of each and every regiment or battalion, shall in every year cause two regimental or battalion musters to be made of their respective regiments, at the court house of their county, except as hereinafter excepted, and every captain or commanding officer of a company shall once within two months, at such place as he shall think most convenient, muster, train and exercise his company, at which musters as well regimental or battalion as company musters, the officers and privates shall appear armed in the following manner, that is to say, all commissioned officers of the infantry with side arms or a spontoon, and each private and non-commissioned officer shall be provided either with a musket and cartouch-box, or a rifle, powder-horn and shot-pouch in good condition, with nine charges of powder made into cartridges with sizeable balls or swan-shot, one spare flint, one worm and picker: That every officer and private belonging to the troop or regiment of horse, shall appear at such musters, with a strong, serviceable horse, at least fourteen hands high, with a good saddle, bridle, holsters, one pistol, horseman's sword and cap, a pair of shoe boots and spurs, with a proper cartouch-box and cartridges all in good order; and at all musters the officers and privates of the artillery shall be armed and accoutred with small arms in the same manner of the infantry, except the non-commissioned officers, who shall have swords instead of fire-arms. V. And be it further Enacted by the authority aforesaid, That if any officer shall fail to appear at such muster as aforesaid, or neglect to appear properly armed, such officer shall on conviction before a court-martial forfeit and pay, if a colonel, lieutenant colonel commandant, lieutenant-colonel or major, the sum or four pounds; if a captain, captain-lieutenant, lieutenant, ensign or cornet, the sum of two pounds, unless he or they shall make such excuse as the said court shall judge sufficient: And every non-commissioned officer and private who shall fail to appear at the said musters, or who shall not be armed and provided in manner directed by this Act, shall, for every such failure or neglect, forfeit and pay if at a general muster twenty shillings, and if at a private ten shillings; which fines shall be recovered before any justice or justices of the peace having cognizance thereof; and in all cases of fines inflicted at regimental or battalion musters, the certificate of the adjutant, countersigned by the commanding officer of the regiment or battalion, and in all cases of fines imposed at private musters, the certificate of the first serjeant, countersigned by the captain, shall be sufficient authority for any magistrate to issue his warrant upon, but on trial shall be proved by the oath of such adjutant or serjeant: Provided always, That every absentee shall be allowed until the next succeeding muster, to make his excuse before the captain or commanding officer of the company.