1862. 1864. 1865. reasonable apprehension thereof; or the commander-in-chief may or ganize from the inactive militia such companies, as he may deem necessary to defend and maintain the safety of the state, and to comply with any requisition made by the president of the United States; and the active militia, thus organized, shall be liable at all times to be called into the service of this state, and, in case of war, or insurrection, to be turned over into the service of the United States, on the order of the commander-in-chief, to comply with any requisition made by the president of the United States, but they shall not be liable to be so turned over, for the performance of military service, without the limits of this state, for a longer period, in all, than three months in any one year. SECT. 18. The active militia shall constitute one division, which One division, and shall be commanded by a major-general, and the commander-in-chief how organized. shall organize companies, and arrange the same into battalions, regiments, and brigades, conformably to the laws of the United States, and make such alterations, from time to time, as may be necessary; and may attach any company, or companies, of active militia in any county, not having a regimental organization within its limits, to a regiment in an adjoining county within the limits of the brigade, if he deems it expedient, and may attach the companies of cavalry, and sections or batteries of artillery, to the regiments of infantry; but any such regiment may have the full number of infantry companies; and he may organize such regimental bands as he may deem proper, to consist of not more than twenty, nor less than twelve members. Each company, battalion, regiment, and brigade, shall To be numbered. be numbered at its formation, and a record thereof made in the office of the adjutant-general. Regimental bands. 1862. Officers. Commander-in chief. Major-general general assem bly. SECT. 19. The officers of the militia shall be a commander-in-chief, a major-general, adjutant-general, quartermaster-general, commissary-general, paymaster-general, surgeon-general, and brigadier-generals, colonels, lieutenant-colonels, majors, captains, lieutenants, and such other officers as shall be hereinafter named. SECT. 20. The governor shall be commander-in-chief of the mil itia of the state, except when called into the service of the United States. SECT 21. The major-general shall be appointed by the concurrent appointed by the vote of the two houses of the general assembly, which vote shall be by ballot, and he shall be commissioned by the commander-in-chief; but whenever there shall be a vacancy in said office, during the recess of the general assembly, such vacancy shall be filled for the time being by appointment of the commander-in-chief. Vacancy, how filled. Adjutant-gene ral. Assistant. 1862. 1864. What officers ap rank. SECT. 22. The adjutant-general, who shall have the rank of brig adier-general, shall be appointed and commissioned by the commander-in-chief; and, with his approbation, the adjutant-general may appoint an assistant, with the rank of captain, and may remove such assistant at his pleasure. SECT. 23. The quartermaster-general, commissary-general, paypointed by the master-general, and surgeon-general, shall be appointed by the sensenate, and their ate, upon the nomination of the commander-in-chief, and upon his recommendation may be removed from their offices, respectively, by the senate, and may also be removed by the commander-in-chief, during the recess of the general assembly, if, in his judgment, the interest of the service would be promoted thereby. The quartermastergeneral, and the surgeon-general, shall each have the rank of brigadier-general; the commissary-general, and the paymaster-general, mander-in-chief. shall each have the rank of colonel. If either of said offices shall become Vacancies to be vacant, during the recess of the general assembly, such vacancy shall filled by the combe filled by the commander-in-chief, and the person so appointed shall hold his office, until the session of the general assembly next after such appointment, and until another be chosen in his place. The quartermaster-general and the commissary-general, may each appoint, Quartermasterwith the approbation of the commander-in-chief, one or more assist-general and commissary-general ants, for whose conduct they shall be respectively responsible, and may appoint aswhom they may remove at pleasure; and the quartermaster-general shall appoint, as one of his assistants, a military store-keeper, with the rank of captain, to take charge, under his direction, of the arms, equipage, military stores, and other property, in his department, and to perform such other duties in said department as the quartermaster-general may prescribe. SECT. 24. The commander-in-chief shall appoint, for himself, four aids-de-camp, who shall have the rank of lieutenant-colonel. The major-general shall appoint, for himself, two aides-de-camp, a division quartermaster, and a division commissary, each with the rank of major; and a division inspector, and an assistant adjutant-general, each with the rank of lieutenant-colonel. Each brigadier-general shall appoint, for himself, one aide-de-camp, an assistant adjutantgeneral, a brigade quartermaster, and a brigade commissary, each with the rank of captain; and a brigade inspector, with the rank of major. Each colonel shall appoint, for his regiment, an adjutant, quartermaster, and paymaster, each with the rank of lieutenant; and a chaplain, surgeon, surgeon's mate, sergeant-major, quartermaster-sergeant, commissary-sergeant, drum-major, fife-major, and trumpet-major; and each major of a separate battalion shall appoint an adjutant, paymaster, and quartermaster, each with the rank of lieutenant, and a chaplain, surgeon's mate, sergeant-major, quartermas ter-sergeant, commissary-sergeant, drum-major, fife-major, and trumpet-major, all of which appointments shall be published in orders; and all the staff officers of the commander of divisions, brigades, and regiments, shall be commissioned in the same manner as regimental officers of the same rank. sistants. Aids-de-camp. 1862. Brigadier-gener filled. nominated, &c. . SECT. 25. Brigadier-generals shall be nominated by the field officers of the brigade, and commissioned by the commander-in-chief; erals, how nomiand whenever said office shall be vacant, the commander-in-chief nated, &c. shall issue an order, to such officer as he may designate, belonging Vacancy, how to the brigade in which such vacancy exists, directing such officer to assemble the field officers of such brigade, at such time and place as he may appoint, and when so assembled, to lead them to the nomination of a brigadier-general, by ballot, and make return of the doings of such meeting to the adjutant-general. The field officers of Field officers of each regiment shall be nominated by the field and commissioned regiment, how officers of such regiment; and whenever any vacancy shall exist in the office of field officers of any regiment, the commander-in-chief shall issue an order to such field officer, or to such other officer, belonging to the regiment in which such vacancy exists, as he may designate, directing such officer to assemble the field and commissioned officers of such regiment, at such time and place as he may appoint; and when so assembled, they shall proceed to nominate, by ballot, such officer as the order shall specify; and if any vacancy shall occur in the field officers of said regiment, in consequence of said choice, such presiding officer shall proceed, in the same manner, to fill such vacancy, and make return of the order, with his doings in 1862. 1864. 1865. their company. dorsed thereon, to the adjutant-general. In all cases, where a meeting of officers is to be held for the purpose aforesaid, a notice, specifying the time and place of such meeting, shall be considered a legal notice, if addressed, by mail, to the person to be notified, at least ten days previous to the day of such meeting, by the person designated to preside at the same. SECT. 26. All company, commissioned, and non-commissioned Company officers Officers, shall be chosen by their respective companies, the commandto be chosen by ing officer first causing notice to be given to those entitled to vote, that he is about to lead them to the choice of such officers; but if any company, after having been twice ordered out, for the choice of commissioned officers, shall, at the expiration of three days from the second time of their being so ordered out, be destitute of such officers, either in whole or in part, the commandant of the regiment, to which such company is attached, may nominate to the commanding officer of the brigade, to which said regiment belongs, suitable persons to fill all vacancies then existing among the commissioned officers of such company; and if such nomination shall be approved by said commandant of brigade, the person so nominated and approved Warrant officers. may be commissioned by the commander-in-chief. Said commandant of regiment shall also, at his discretion, grant a warrant to each person who may be elected sergeant, or corporal, by any company under his command; and if any company shall fail to elect all the warrant officers necessary for said company, or whenever vacancies shall occur, the commanding officer of such company may nominate such officers therefor to the commandant of the regiment, who shall issue warrants for their appointment, if he shall approve the same; and he may reduce to the ranks any non-commissioned officer, attached to his regiment, whom, from his personal knowledge, or on complaint made, and due notice given, he shall find incompetent, or guilty of misconduct, or neglect of duty; but no person shall be appointed a sergeant, or corporal, except on a certificate of the commanding officer of the company, that he has passed a satisfactory examination, which shall be, for sergeants, in the school of the soldier, and the school of the company, and for corporals, in the school of the soldier. 1862. On failure to commander-in chief may fill vacancies. SECT. 27. Whenever the commissioned officers of any brigade, choose general or regiment, or company, shall fail to make choice of a brigadier-genfield offlcers, the eral, colonel, lieutenant-colonel, or major, or of all such officers, the commander-in-chief may fill the vacancy, or vacancies, in such manner as he may deem proper; and he may grant commissions to any and all persons, who may be duly elected or appointed to office, in any brigade, regiment, or company; but if the general assembly, to which the returns of elections shall be made, shall disapprove the same, the commission, or commisssions, so granted, shall become void after such disapproval; and all officers, commissioned in pursuance of this act, shall take rank from the day of their respective elections or nominations. Company to be ordered out for SECT. 28. The commanding officer of any company, when so orchoice of officers, dered, shall call out his company for the choice of captain or subalterns, and may call out his company for the choice of non-commissioned officers, at any time in the year. Returns of elections, to be made SECT. 29. The return of commissioned officers, elected in any to the adjutant company, shall be forthwith made to the adjutant-general, and a duplicate of the same to the commander of the regiment to which such company is attached; and if, within ten days after such election, general. there shall be no objection or remonstrance, commissions may be granted as aforesaid. ferred, &c. SECT. 30. Every remonstrance against granting commissions to Remonstrances, officers, chosen during the recess of the general assembly, shall be to whom rereferred to the major-general, if of the grade of a general or field officer, and if under the grade of a field officer, to the brigadiergeneral commanding the brigade in which the election was held, who, after having first given notice to all persons interested, shall hear and decide in the matter of the said choice, and, if found illegal, or the person or persons chosen shall be found incompetent, or otherwise disqualified, shall order a new election. 1865. What officers sions may be revoked. SECT. 31. An examining board, to consist of two or more competent persons, appointed by the commander-in-chief, shall convene shall be examat each annual encampment, and examine, in military tactics, all ined in tactics. commissioned officers below the rank of major-general. Officers not present at such encampment, and officers whose examinations thereat may not be satisfactory, shall appear for examination before said board, at such time and place, within six months thereafter, as may be designated by the commander-in-chief, who shall, after such second session of the examining board, revoke the commissions of all when commisofficers who shall not have presented themselves at one of the meetings of said board, and shown sufficient knowledge of tactics for the proper performance of their duties, which he shall determine from returns made by said board; but no officer, who has passed one examination, shall thereafter be re-examined previous to promotion, nor shall the provisions of this section apply to those general staff officers, whose duties do not require a knowledge of such tactics. SECT. 32. The commander-in-chief may agree with said board, Compensation of upon the compensation which they shall receive for the services provided in the preceding section, and upon his certificate the comptroller shall draw orders upon the treasurer therefor. examining board. 1862. Resignations, to SECT. 33. The resignation of the major-general shall be made to the general assembly; the resignation of brigadier-generals and field whom to be officers shall be made to the commander-in-chief; the resignations made. of the commissioned officers of companies shall be made either to the major-general, or to the brigadier-general commanding the brigade to which the officer belongs; the resignation of all other officers shall be made to the officers from whom they shall have respectively received their warrants; and upon the acceptance of their resignation, the officers making the same shall be discharged from their respective offices; but all the commissioned officers of any company shall not be discharged, until one or more successor, or successors, shall have been duly elected and commissioned. SECT. 34. General officers and their staff, field officers and their what officers to staff, shall, on days of general review, appear on horseback. do duty on horse back. SECT. 35. The batteries of light artillery shall consist of such Batteries of light number of men, and such officers, as the commander-in-chief may artillery. direct. To every company of cavalry, infantry, light infantry, or Companies of riflemen, there shall be one captain, one first and one second lieuten- cavalry, infantry, ant, one first sergeant, four sergeants, eight corporals, not exceeding three musicians, and not more than eighty-two privates. &c. sioned officers, and musicians. SECT. 36. Non-commissioned officers shall be appointed from the Non-commismembers of the company to which they belong, or from persons not members of other military companies; and the musicians shall be appointed by the commandant of each company. Companies of ac SECT. 37. Any company may enact by-laws, for its better government and discipline, which, when approved by the major-general, enact by-laws. tive militia may 1862. 1865. Exemption by by service, from commission or military duty. 1865. Enlistments after shall be binding upon the members of such company, and the penalties thereof may be enforced in the manner provided in the eightyeighth section of this act. SECT. 38. All enlistments shall be for the term of five years, and all general and field officers, and commissioned officers of companies, who shall have held a commission, or commissions, for five years consecutively, and all persons faithfully serving such full term, shall be entitled to an honorable discharge, and shall thereafter be exempt from military duty, except in case of war or insurrection; but nothing herein contained, shall be construed to affect the term of enlistment of the active militia, organized prior to the tenth day of July, A. D. 1862.* SECT. 39. All persons, enlisting after the original enrollment of original enroll- the company, shall sign duplicate enlistment papers, one of which shall be sent to the adjutant-general, and the other shall be filed with the company records. ment, how made. Muster rolls to be furnished to the SECT. 40. The adjutant-general may call for a muster-roll of each adjutant-general. company, showing the condition of such company, in such manner and form as he may prescribe, at such times as the interest of the service may require, not exceeding three times a year, in addition to the rolls made at parades and encampments. Powers of com 1802. 1865. SECT. 41. The commander-in-chief is authorized and empowered mander-in-chief, to disband inefficient companies, to such extent as he may deem to disband com- beneficial to the service, and any company or band, as the interest officers, &c. of the militia, in his opinion, may require; to discharge commissioned panies, discharge and non-commissioned officers, and all other persons who have performed the duty required by this act, or who, from incompetency or other cause, have failed to perform their duty; to delegate to the major-general, and brigadier-generals, the power to discharge officers and other persons, and, generally, to exercise all the powers necessary to carry into full effect the provisions of this act. CHAPTER III. OF ARMS, ARMORIES, AND EQUIPMENTS. 1862. tion, and equip nished and where SECT. 42. The quartermaster-general shall furnish, subject to the Arms, ammunt- order of the commander-in-chief, all necessary arms, ammunition, ments, how fur- and equipments, suited to the particular companies, or corps, belongdeposited. ing to each regiment, required for company, field, or camp duty, and all camp equipage, necessary for brigade or regimental encampments, at the expense of the state; and the comptroller shall draw his order on the treasurer, for the amount expended by the quartermastergeneral, in the purchase thereof. The commanding officer of each company shall be responsible for the safe keeping, and return, of all arms and equipments committed to his charge, and shall execute such bonds as the quartermaster-general, from time to time, shall re |