TIP #137 - THE KENTUCKY MILITIA - PART 1 Again, we will be looking at the old law books of Kentucky for a little better understanding of how the militia worked during the early settlement days. These were the laws of 1822. The following were exempted from military duty as it related to attending musters except to stand a draft or serve a tour of duty. In the latter case, none are exempt except ordained ministers of the Gospel. Judges of the superior and circuit courts Treasurer Auditor Attorney General Secretary of State Register of the Land Office Clerks in the Land Office Professors and tutors of public seminaries of learning Public printer Ministers of all religious societies Jailers Guards in the jails and penitentiary houses President, cashiers and clerks in the Bank of Kentucky and branches How the militia was laid out: Divisions Brigades Regiments Battalions and Companies. Of these, the divisions, brigades and regiments were laid out by the Governor for the time being and subject to change as necessary. The field officers of the regiments were authorized to form, alter or modify the boundaries of the battalions and companies within their regiments as they deemed proper with the adjutant keeping a record. Exemptions from service: All freeman in the Commonwealth had to serve except Negroes, Mulattoes and Indians; they were to be armed and disciplined for the defense of the State. Those who were conscientious objectors were not compelled to bear arms BUT they had to pay an equivalent for personnel services which was $1.00 per day for each muster. In case of an actual invasion or insurrection or war, the objectors were permitted to find an able bodied substitute. If he didn't, the captain of the detachment to whose company he belonged, was authorized and ordered to hire a substitute and the man was responsible for paying the same amount. This money was due on the day the substitute was discharged from service, or, if he was killed or died, the money was due his representatives. Failure to do so was cause for arrest for the objector until the fine was paid. Appointment of staff officers: The commanding officers of divisions appointed their aids, (division inspectors and quartermasters); brigadier generals appointed their aids (brigade majors and quartermasters); commanding officers of regiments appointed their adjutants, quartermasters, paymasters and surgeons - these were commissioned by the Governor. There was a non-commissioned staff to each regiment consisting of one sergeant major, a drum major and fife, major (appointed by the commandant). Captains of companies were to appoint their non-commissioned officers. A majority then of the field officers and captains in each regiment nominated the commissioned officers in each company - they also would be commissioned by the Governor. Governor's Role: The Governor provided for raising companies of grenadiers, light infantry, cavalry, riflemen and artillery. Major Generals: He received from the adjutant general copies of requisitions of men made by the government upon his division; made a detail on the brigade in their division, issued orders to the brigadiers, attended regimental musters in the bounds of his division (at least every 2 years). He could also attend any muster or review of his choosing. Brigadier Generals: He received from the adjutant general or brigadier general copies of requisitions on his brigade, appointed the time of regimental and battalion musters each year; visited each regiment in his brigade annually on their muster days, direct the discipline; furnished the major general with a list of days appointed by him for regimental reviews; had the power to order the officers, non-commissioned officers, musicians of two or more of regiments in his brigade to be trained together (for no less than 2 days, no more than 4 days in September). Commandants of Regiments: He received from the brigadier, copies of requisitions made on their regiments; made the detail on the several companies of the regiment; issued orders to the commandants; receive written orders of his general of brigade re times of holding regimental and battalion musters for the year; give notice of this to the commandants of battalions. He had to attend regimental and battalion musters; could attend company musters; and when vacancies occurred in his regiment, had to convent the field officers and captain of his regiment to nominate other persons. Regimental Drill: The training was to continue not less than two, not more than 4 days at the discretion of the commandant. They were to encamp on the ground, perform the duties in camp and field. Invasions and insurrections: The major general, brigadier general and commandants of regiments, when receiving notice of the above, were to immediately embody as much force as they thought needed and give expedient notice to their next superior officer and to the governor. Commandants of Battalions: He was to receive orders of the commandants of regiments, give written notice to the commandants of companies within his battalion, added the places for holding the regimental and battalion musters and the court of assessment. He had to exercise his battalions on their muster days. Commanding Officers of Companies: He received from the commandants of battalions , written notices of the days and places for regimental and battalion musters; delivered a certificate of the musters to the non-commissioned officers. From time to time he caused all persons to be notified of the muster, made a complete roster of his company including the number of men from one up to the number of men in his company and to arrange for substitutes. Available men: When a man moved into the area and within the bounds of a company, he had to produce a certificate from the captain to whose company he formerly belonged which showed the number such man held in the company. The officer then placed him next on the list preceding the man of the same number or the next number entitled to the same credit. If the man didn't produce a certificate, the officer placed him first for service, and those arriving at 18 years of age were placed next. When the marching orders were given, the captains could appoint some place in the bounds of the regiment or regiments from which their companies were detailed. A man supplying a substitute had to be an able-bodied man. Lieutenants and Ensigns: He assisted in the exercise and discipline of his companies and reported every disobedience. Officers of every grade were to be obeyed and they had to obey their superiors. In the case of absence, death or inability of an officer, the next in rank was to take command and discharge his superior's duties. If a brigadier general filed to notify the commandants of regimental and battalion musters within the time prescribed, the majors took over this responsibility. To be continued. © Copyright 2 April 1998, Sandra K. 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