ART. 63.] MILITIA. 427

as the case may require, in any sum not exceeding one hundred
dollars nor less than five dollars; all field and staff officers shall
be tried by a division or a general court martial; the proceedings
of every court martial in case of cashiering shall be transmitted

to the commander in chief for his approbation; and if any non-
commissioned officer, private or musician shall at the time of
parading the company to which he belongs, appear drunk, or
disobey orders, or use any reproachful, insulting or abusive lan-
guage to his officers, or any of them, or shall quarrel himself, or
promote any quarrel among his fellow soldiers, he shall be dis-
missed and put under guard by order of the commanding officer
present, until the company is dismissed, and shall be fined in
the discretion of a company court martial in any sum not
exceeding ten dollars, nor less than one dollar; Provided, that
if on field days any non-commissioned officer, private or musi-
cian shall use any reproachful or insulting language to the com-
manding officer, oppose his orders or promote an opposition to
such order among his fellow soldiers, he shall be tried by a court
martial chosen by the commanding officer, consisting of three
commissioned officers attached to the regiment, extra battalion
or squadron to which such offender shall belong, and shall be
fined at the discretion of said court, in a sum not exceeding
twenty-five dollars nor less than one dollar

Article 2. If any commanding officer of any regiment, extra
battalion or squadron, shall neglect or refuse to give orders for
assembling his regiment, battalion or squadron at the times
which are or may be appointed under this article for drill or
inspection, or for actual service in case of an invasion, or threat-
ened invasion of the State, or insurrection, or threatened insur-
rection therein, or opposition to the laws of the State, he shall
be cashiered or punished by fine not exceeding five hundred
dollars, at the discretion of a brigade court martial; and if the
commanding officer of any company shall on any occasion
neglect or refuse to give orders for assembling the company to
which he belongs, or any part thereof, at the direction of the
commanding officer of the regiment, extra battalion or squadron
to which such company belongs, he shall be cashiered or punished
by a fine not exceeding one hundred dollars, at the discretion
of a regimental court martial, and a non-commissioned officer
offending in such case shall be fined at the discretion of a
company court martial in any sum not exceeding twenty
dollars.