SECTION

65. Adjutant general to keep his office at the seat of

government; his duties generally.

66. Division inspector, his duties. 67. Brigade majors, further duties.

68. Adjutants of regiments or odd battalions, further duties.

69. Serjeant majors, their duties.

70. Quarter-master general, his duties.

71. Staff officers, their duties.

72. Paymasters of regiments, their duties.

73. Paymasters, how punished for defalcation.

74. Expenses not herein provided for, to be paid out of contingent fund.

75. When a new division or brigade is created, new elections, how and when held.

76. Independent company may adopt its own bylaws.

SECTION 1. All free white male inhabitants, resident in this State, who are or shall be of the age of eighteen, and under the age of forty-five years, except as hereinafter excepted, shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company within whose bounds such citizen shall reside, within ten days after he shall be informed of such residence; and also, those who may from time to time arrive at the age of eighteen, who shall reside in the bounds of his company; and shall without delay notify such person by an officer or non-commissioned officer of the company; and every such person so notified shall, within six months thereafter, provide himself with a good musket, fuzee or rifle, with proper accoutrements. The field officers, ranking as commissioned officers, shall be armed with a sword and pair of pistols, and the company officers with a sword; and every person so enrolled, and providing himself with arms and accoutrements required as aforesaid, shall hold the same exempt from execution, distress, or for tax: Provided, No private shall be compelled to appear on parade with arms unless he actually has them.

SEC. 2. The enrolled militia of this State shall be laid off into divisions, brigades, regiments, battalions, and companies. The counties of Clinton, St. Clair, Monroe, Randolph, Jackson, Johnson, Franklin, Jefferson, Washington, Perry, Union, Alexander, Pope, Gallatin and Hamilton, shall compose the first division: The counties of White, Wabash, Edwards, Wayne, Clay, Lawrence, Marion, Effingham, Jasper, Crawford, Coles, Clark and Edgar, shall compose the second division: The counties of Madison, Macoupin, Bond, Montgomery, Morgan and Greene, shall compose the third division: The counties of Sangamon, Tazewell, McLean, Macon, Shelby, Fayette, Champaign and Vermilion, shall compose the fourth division: And the counties of Calhoun, Pike, Schuyler, Adams, Hancock, McDonough, Warren, Knox, Fulton, Peoria, Henry and Mercer, shall compose the fifth division: The counties of Jo Daviess, Whiteside, Rock Island, Ogle, Putnam, La Salle, Iroquois, Will, Kane, Cook, McHenry and Winnebago shall compose the sixth division of the Illinois militia. The counties of Clinton, St. Clair, Monroe and Randolph, shall compose the first brigade, of the first division: The counties of Johnson, Franklin, Washington and Jefferson, shall compose the second brigade, of the first. division. The counties of Perry, Jackson, Union and Alexander, shall compose the third brigade, of the first division. The counties of Pope, Gallatin and Hamilton, shall compose the fourth brigade, of the first division. The counties of White, Wayne, Marion, Clay and Edwards, shall compose the first brigade, of the second division. The counties of Wabash, Lawrence, Effingham, Jasper and Crawford, shall compose the second brigade, in the second division. The counties of Coles,

Clark and Edgar, shall compose the third brigade, in the second division. The counties of Bond, Madison and Montgomery, shall compose the first brigade of the third division. The counties of Greene and Macoupin, shall compose the second brigade in the third division. The county of Morgan, shall compose the third brigade of the third division. The counties of Sangamon and Tazewell shall compose the first brigade of the fourth division. The counties of McLean, Macon, Shelby, Fayette, Champaign and Vermilion shall compose the second brigade of the fourth division. The counties of Calhoun, Pike, Schuyler and Adams, shall compose the first brigade of the fifth division; and the counties of Fulton, Peoria, Henry and Knox shall compose the second brigade of the fifth division; and the counties of Hancock, McDonough, Warren and Mercer, shall compose the third brigade of the fifth division; the counties of Jo Daviess, Whiteside, Rock Island, Ogle, Winnebago and Putnam, shall compose the first brigade of the sixth division; and the counties of La Salle, Iroquois, Will, Cook, Kane and McHenry, shall compose the second brigade of the sixth division.

SEC. 3. The militia of this State shall be officered as follows, to-wit: To each division there shall be one major general, who shall appoint one division inspector, one division quarter-master, to rank as colonels of infantry; and two aids-de-camp, to rank as lieutenant colonels. To each brigade, there shall be one brigadier general, who shall appoint one brigade inspector, to act as brigade major; one quarter master and one aid-de-camp, to rank as majors. The aid-de-camp, to perform the duty of brigade judge advocate. To each regiment there shall be one colonel, one, two or three majors, (as the case may be) the senior to be lieutenant colonel, with a regimental staff, to be appointed by the colonel, to consist of one adjutant, who shall act as regimental judge advocate: one quarter-master and one paymaster, to rank as captains, respectively: One surgeon and surgeon's mate, one sergeant major, one quarter master sergeant, one drum major, and one fife major. To each odd battalion, not forming a part of a regiment, one major, with a staff of a regiment, to be appointed by the major. To each company there shall be one captain, one first and one second lieutenant, four sergeants, four corporals, one drummer and fifer; the said sergeants and corporals, to be appointed by the captains, respectively, and to hold their appointments by certificate.

SEC. 4. There shall be one adjutant general, quarter master general and paymaster general, to be appointed by the commander-in-chief, to rank respectively as colonels of cavalry: and the commander-in-chief, is also authorized to appoint two aids-de-camp, with the same rank, to continue in service until the expiration of his term of service as Governor.

SEC. 5. Each division, brigade, regiment, battalion and company, when in the field, shall take rank agreeably to the date of the commission of the officer commanding the same: each division shall consist of not less than two nor more than six brigades each brigade of not less than three nor more than six regiments: each regiment of not less than two nor more than three battalions: each battalion of not less than three nor more than six companies: each company shall consist of not less than thirty-two nor more than ninety-six privates.

SEC. 6. Whenever it becomes necessary to create new, or alter old brigade districts, the major general of the division shall call the field officers, or a majority of them together, in which brigades the bounds are to be fixed; he shall act as president of the board, and cause the division inspector to record any alterations that may be made in like manner whenever it becomes necessary to divide any regi

ment in this State so as to make two regiments, it shall be the duty of the colonel or officer commanding the same, to notify the brigadier general of his brigade thereof, who may, if he think such division proper, issue his order to the colonel, or officer commanding said regiment, directing him to convene a board of officers of his regiment, which shall consist of all the commissioned officers thereof, a majority of whom shall constitute a quorum, the colonel, or officer highest in rank present, presiding. Said board, when so convened, shall proceed to determine whether they will divide said regiment; and if a division is agreed upon, they shall designate the line of division, and the place of holding the regimental muster of the new regiment, and cause the same to be recorded by the adjutant of said regiment, who shall be in attendance for that purpose. A return of the proceedings of said board shall forthwith be transmitted to the general of said brigade, who shall issue his order for an election for a colonel to command the new regiment, which shall be conducted, and return thereof made as in other cases. But commissioned officers, living in the bounds of any regiment so created, or of the old regiment, shall continue to hold their respective offices as though no such division had been made. In like manner, whenever it shall become necessary to alter any old regimental district, it shall be the duty of the brigadier general of the brigade, to call a board of field officers, to consist of not less than five, for that purpose; at which board he shall preside, and cause his brigade major to record all the proceedings, and alterations made by such board; also in like manner whenever it becomes necessary to alter old, or create new battalion districts, it shall be the duty of the colonel to call the field officers and captains of the regiment together, a majority of whom may act; and it shall be the duty of the colonel to preside at such meeting, and cause his adjutant to record all alterations made by such board; and whenever it becomes necessary to alter old, or create new company districts, it shall be the duty of the major to call a meeting of the captains of his battalion, a majority of whom may act; at which meeting he shall preside; and it shall be the duty of the adjutant to record the proceedings and alterations made by such board.

SEC. 7. No person shall be eligible to a command in the militia in this State who is not a citizen of the United States and of this State, and has not resided in the proper bounds at least ten days: and every officer commissioned by virtue of this chapter, shall within thirty days after receiving a commission, and previous to entering upon the duties of his office, take an oath to support the constitution of the United States and of this State; also an oath of office; a certificate of which shall be indorsed on the back of his commission, by the person administering the same: and if any person receiving such commission, who was elected by his own consent, shall fail to take the oaths as aforesaid, within the time herein provided, and give notice thereof within twenty days thereafter to the proper officer, whose duty it shall be to direct such vacany to be filled, and to forward the date of his commission to the adjutant of the regiment, he shall be fined in the sum of ten dollars, by sentence of the regimental court martial, and forfeit his office; which shall be filled as in other cases: Provided, That any officer declared duly elected, may receive a certificate of any superior officer, which shall entitle him to command until his commission can be procured; and in all cases the officer giving such certificate, shall administer to such officer the necessary oaths of office: Provided, also, That whenever it may be necessary to administer oaths to carry into effect any of the provisions of this chapter, any judge, justice of the peace, or officer of the militia, duly commissioned and sworn, shall be authorized to administer such oath.

SEC. 8. There may be one company of artillery and one company of cavalry attached to each regiment, to be raised by voluntary enrollment; and one company of grenadiers, light infantry or riflemen, attached to each battalion, to be raised also by voluntary enrollment: Provided, It shall not reduce a district company in such regiment or battalion, below the number of forty-two, rank and file and if such company will thereby be reduced below the number of forty-two, rank and file, such person shall return to his proper company; and in no case shall an election be held or ordered in any independent company, until it shall be made to appear that there are at least forty-two men authorized to serve, enrolled in such intended company.

SEC. 9. All light or independent companies shall be armed and equipped in the same manner that similar corps are in the army of the United States; and shall consist of the following officers, non-commissioned officers, musicians and privates, to-wit: To each company of cavalry, there shall be one captain, one first, one second, and one third lieutenant, one cornet, four sergeants, four corporals, one saddler, one farrier, one trumpeter, and not less than forty-six, nor more than one hundred and sixteen, rank and file: to all other independent companies, there shall be one captain, one first, one second, and one third lieutenant, four sergeants, four corporals, one drummer, one fifer, and not less than forty-six, nor more than one hundred and sixteen, rank and file: Provided, That each independent company may agree upon an uniform, which they shall wear upon parade and in service.

SEC. 10. All independent companies, when called into service, shall serve by company, and if any non-commissioned officer, musician or private, in any such company, shall refuse or neglect, either by himself or a substitute, to perform such service, after being duly notified, such person shall be considered as in service, and shall be liable to be punished as a deserter: and if any member of such company shall be sick or absent, when his company is called into service, such person shall be required to join his company as soon as his health will permit, or he shall have returned to the State, under the same penalty of refusing or neglecting to perform service: Provided, That when any independent company shall have served a regular tour of duty, no person shall be admitted a member of such company, without producing to the officer commanding the same, a regular discharge, stating that such applicant has served a similar tour.

SEC. 11. For good cause shown, the commander-in-chief may receive the resignation of major generals, who may accept the resignation of brigadier generals, within their respective divisions. Brigadier generals may accept the resignation of colonels, or officers commanding odd battalions, within their respective brigades; and colonels or officers commanding odd battalions may accept the resignation of commissioned officers, within their respective commands, and in all cases when a resignation is accepted, the cause of such resignation shall be indorsed on the back of the commission: and it shall be the duty of all officers authorized to accept resignations as above, to order elections to fill such vacancies as may occur by resignation or otherwise, giving at all times, sufficient notice of such election; and except in cases of emergency, the order for an election of a major or brigadier general, shall be given to the officers commanding regiments or odd battalions, within the limits of the division or brigade, where such election is to be held, at least forty days previous to such election; who shall give to all commissioned officers of their respective commands, at least twenty days' notice of the time and place of holding such election. For the election of a colonel or major commanding an

odd battalion, the order shall be given to the next common superior officer, at least twenty days previous to such election; who shall give at least ten days' notice of the time and place of holding such election, to all the officers commanding companies within the regiment or battalion, (as the case may be) where such election is to be held; who shall give at least five days' notice to their respective commands. For the election of a lieutenant colonel or major, there shall be at least fifteen days' notice given to all the officers commanding companies, within their respective battalions, who shall give at least five days' notice of the time and place of holding such election, to their respective companies. For the election of a captain or commissioned officer, there shall be at least ten days' notice given to the senior commissioned, or if there be no commissioned, non-commissioned officer of the company, who shall give to the company at least five days' notice of the time and place of holding such election. All returns of elections so held, shall be made to the officer ordering the same, who shall certify to the adjutant general, within thirty days thereafter, the names of all officers who may have been thus duly elected. And it shall be the duty of all officers, authorized to appoint staff officers, to accept their resignation as above, and fill all vacancies in their own staff by appointment: Provided, That no resignation of an officer shall be accepted, unless such officer shall have held his commission at least two years.

SEC. 12. The manner of voting shall be, by the elector addressing the judges of the election, in his own proper person, and with an audible voice, to be heard by the judges and clerk, name the person he votes for, and the clerk shall enter the name of the person voting, and his vote, accordingly, in a poll book to be provided for that purpose; which poll book shall be, (as near as may be) in the following form, to-wit:

When all the votes shall be given, they shall be examined and counted; the judges shall cause the clerk to make out a return thereof as near as may be, in the following form, to-wit:

At an election held at

nois Militia, on the

day of

in the county of in the regiment of IlliA. D., 18 , the following named persons re

ceived the number of votes annexed to their names, for the following described offices, to-wit: