NORTH CAROLINA STATUTES.
Section 1. That the following sections of said chapter one hundred and two, Revisal of one thousand nine hundred and five of North Carolina, shall read as follows:
Persons liable to duty. 4848. Who liable for duty in. All able-bodied male citizens of the State of North Carolina, between the ages of twenty-one and forty-five years, who are citizens of the United States, shall be liable to duty in the militia: Provided, that all persons who may be averse to bearing arms, from religious scruples, shall be exempt therefrom.
Active and inactive. 4849. Divided into active and inactive. The militia shall be divided into two classes, the active and inactive. The active militia shall consist of all regularly enlisted volunteers; the inactive militia shall consist of all other persons subject to military duty.
Governor commander in chief. Power to call out militia. 4850. Commander in chief; power to call out. The Governor shall be commander in chief, and shall have power to call out the militia to execute the law, suppress riots or insurrections, and to repel invasions.
Active militia first called out. 4851. Active first ordered out. In all cases the active militia hereinafter provided for shall be ordered into service.
Separate enrollment. 4852. White and colored enrolled separately; only white officers. The white and colored militia shall be separately enrolled, and shall never be compelled to serve in the same organization. Organization of colored troops. No organization of colored troops shall be permitted while white troops are available, and when permitted to be organized, colored troops shall be under command of white officers.
Governor to prescribe orders, rules and regulations. 4853. Commander in chief prescribes rules for its government. The Governor, as commander in chief, may from time to time prescribe such orders, rules, regulations, forms and proceedings as he may think proper (not inconsistent with the discipline prescribed by the United States) for the use, government and instruction of the militia.
Rules and regulations of United States to apply. 4854. Discipline. The active militia, and the inactive militia when called into active service, shall be organized and disciplined states in the same manner and according to the rules and regulations required by the Congress of the United States for the organizing and disciplining of the National Guard.
Punishment for failure to appear when ordered out to be fixed by court-martial.
4855. Ordered out for service; failure to appear; penalties. Every soldier ordered out for active duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, or who has not some able-bodied and proper substitute at such time