to enrollment 32. Review and inspection of brigades at encampments. 33. Brigade Courts-how organized. 34. Brigade Court may assess fines by suit before Justices of the Peace 35. Brigade Inspector to collect fines by suit hefore Justices of the Peace. 36. Camp equipage and colors, how furnished. 37. Compensation of officers, to be paid out of State treasury. 38. Surplus of military fund appropriated to building an armory. 39. U. S. Army Regulations to govern parades, &c. 40. Commissions of old officers extended for five years, and exemption from fines. 41. Certificates to commissioned officers. 46. Staff officers to be commissioned to attend all musters. 47. Public arms to be kept by Assistant Quartermaster. 48. Penalty of detaining or unlawfully disposing of arms belonging to the State. 49. Arrests of officers on complaints. 50. Courts-Martial for hearing of complaints. 51. Trials of Major-Generals and Brigadier-Generals, form of. 52. Form of oath to be administered to members of Courts-Martial. 53. Parties on trial to have copy of charges; pardons or mitigation of penalty by commanding officer. 54. Rules and customs governing Courts-Martial; approval or disapproval of sentence. 55. Courts of Inquiry, how established; their object and power. 56. Commissary Department, officers thereof, how organized. 57. Medical Department-appointment of surgeons and their official rank. 58. Adjutants of Regiments, their duties. 59. Rules governing Courts-Martial. [See Sec. 54.] 60. Courts of Inquiry, how established; their object and power. [See Sec. 55.! 61. Fees of officers composing Courts-Martial; to be paid out of the State Treasury. 62. Armories to be rented if military fund be exhausted, and rent to be paid out of city and county treasuries. 63. Adjutant-General to furnish forms of rolls, bonds and returns, and to explain provisions of this Act. 64. Publication and distribution of copies of this Act, with necessary forms authorized. 65. Repeal of former acts inconsistent herewith. Pe it enacted by the Legislature of the State of Minnesota: SECTION 1. That all able-bodied, white male citizens resiPersons subject dent of this State being eighteen years of age and under the age of forty-five years, excepting persons exempt by law, shall be enrolled in the militia and perform military duty in such manner-not incompatible with the Constitution and laws of the United States-as hereinafter prescribed. limits MILITIA DIVISIONS. SEC. 2. That the State shall be divided into three divisions, as follows: That portion of the State lying south of a line commencing at the south-east corner of Dakota County, First division running along the south lines of Dakota, Scott, Sibley, McLeod, Renville, and thence due west to the west line of the State, shall constitute the First Division, and shall be under the command and orders of one or more Major and Brigadier Generals and Colonels as the Commander-in-Chief may see proper, according to the returns of the census taken from time to time under the authority of law. SEC. 3. The counties lying north of said line [named] in the Second section of this Act, and west of the Mississippi River shall constitute the Second Division, and be officered and apportioned as Division No. 1. Second division SEC. 4. The counties lying east of the Mississippi River shall constitute the Third Division, and be officered and ap- Third division portioned as Divisions Nos. 1 and 2. to appoint officers SEC. 5. The Governor of the State shall be Commander-inChief, and shall have power to appoint one or more Major-Commander-inGenerals and two or more Brigadier-Generals for each divis-chief-his power ion, and the Governor shall also appoint and commission all commissioned officers of regiments, battalions and companies; each Colonel shall appoint his own staff, and each Captain shall appoint his own commissioned company officers. BRIGADES. SEC. 6. That the divisions aforesaid shall be divided into. as many brigades as the Commander-in-Chief may think. proper. STATE AUDITOR TO NOTIFY COUNTY AUDITORS. Division into bri gades duties SEC. 7. The Auditor of this State shall, by order of the Commander-in-Chief, issue his order to all of the County Auditors of the several counties, requiring of them to instruct Notification to as the Assessors of the several townships to perform all the duties sessors of their required of them by this Act, which order shall be given in one or more newspapers published in each brigade or county, then to be published in any adjoining county belonging to the same division, and to be paid for as other public printing of a like nature. ENROLLED MILITIA. ro'lment SEC. 8. That it shall be the duty of the township assessors of the several townships, and the assessors of the several wards of the several cities, to prepare a list of all persons Assessors to pre liable to be enrolled as aforesaid, in their respective wards, pare lists of per townships or disricts, save and except members of uniform vol. sons subject to en unteer companies. Township, ward or district assessors aforesaid shall annually, at the time of assessing taxable property, make out a roll or list of all names of persons enrolled as afore. said, and place it in the Auditor's office of the proper county; and it shall be the duty of such Auditor, annually on or before the first day of November, to return an accurate copy of such records of enrollment to the Adjutant-General of the State, copies to adjutant to be by him filed in the office, and an abstract of the aggre-general-duty of gate number of persons so returned shall be forwarded by the Adjutant-General of the State to the War Department at Washington City, on or before the first day of January of Auditor to send each year; and if any assessor shall neglect, or from any Neglect of assescause omit to perform his duties, the other assessors (or either) {ors Provision to alty of them) of the city, town or ward, shall perform such duties. All tavern-keepers, keepers of boarding-houses, persons having boarders in their families, and every master or mistress of any dwelling-house, shall, upon the application of any assessor, give information of the names of all persons residing or lodging in such house liable to be enrolled, and obtain necessary all other proper information concerning such persons as such information-pen assessors may demand. If any person of whom any informa tion is required by any assessor in order to enable him to comply with the provisions of this Act, shall refuse to give such information, or shall give false information, he shall forfeit and pay not more than ten dollars for each offense; any person who shall refuse to give his own name and proper information, when applied to by any assessor, or shall give false name or in formation, shall forfeit and pay a like sum, such penalties to be recovered in any Court of competent jurisdiction, in the name of the State of Minnesota; and it is hereby made the duty of the assessors to report the names of all persons who may incur any penalty in this section prescribed, to the commandant of the brigade in which they reside. All moneys collected under the provisions of this Act shall be paid to the County Treasurer, and go to the military fund of said county. Compensation to The assessors shall be compensated for their services in making the enrollment required by this article at the same rate and in like manner as they are compensated for making the annual assessment of property. assessors Militia when sub -rules while in service SEC. 9. That the militia thus enrolled shall be subject to ject to active duty perform no active military duty save and except in case of war, invasion, or to prevent invasion, riot or insurrection; in such case the Commander-in-Chief is hereby authorized to order out from time to time, for actual service, as many of the militia thus enrolled as necessity may require, and to provide for their organization in the manner hereinafter prescribed for the organization of volunteer militia: Provided, That in all such cases the enrolled volunteer militia shall first be ordered into service. The militia, while in actual service, shall be governed by the military laws of the State and the rules and articles of war of the United States; and when any troops are in the field for the purpose aforesaid in this section, the senior ranking officer of the troops present shall take command: Provided, That no person shall be eligible to a command in the volunteer militia of this State who is not a citizen of the United States and of this State. VOLUNTEER MILITIA ORGANIZATION. SEC. 10. That the active militia of this State shall be composed of volunteer companies, raised by order of the Commander-in-Chief within the limits of the several brigade districts. The volunteer militia shall in all cases of war, invasion, riot, or insurrection, be the first military force ordered into panies to be the the filed. Volunteer companies shall consist of men between the ages of eighteen and forty-five; Provided, That no minor shall be enrolled as a member of any such volunteer company, without the consent of his parent or guardian; and that Volunteer comall volunteer companies, squadrons, battalions, regiments, active militiabrigades, and divisions now formed and officered according to manner of organlaw, shall be retained. Whenever, according to the provi-ization sions of this Act, forty men shall be enrolled as members of a volunteer company of artillery, infantry, light infantry or rifle; or whenever thirty men shall be enrolled as members of a volunteer company of cavalry, such companies shall be officered by the Commander-in-Chief, as provided for in the fifth section of this Act. No such company shall be increased to more than a hundred members, and whenever a company becomes reduced to less than twenty members, it may be attached to another company or disbanded, by order of the Commander-in-Chief; Provided, That whenever twenty men shall be enrolled as members of a light artillery company, they may proceed as provided in this Act, (sec. 5,) when two such light artillery companies are organized in any brigade, they may be formed into a battalion, under the command of a major, and such subordinate officers as the Commander-inChief shall direct; and whenever three such companies of Hight artillery are organized in any brigade they may be formed into a battalion under the command of a lieutenant colonel and major with such other subordinate officers as the Commander-in-Chief may direct; and when five such light artillery companies exist in any one brigade, they may, by order of the Commander in-Chief, be formed and organized into a regiment, with a full compliment of regimental officers; all such companies, batalions and regiments of light-artillery, when organized, shall be armed and drilled as near as prac ticable in accordance with the system of the United States army for like organizations. COMPANIES TO BE NUMBERED. bered-oldest company first in SEC. 11. The several volunteer companies of cavalry, artillery, infantry, light-infantry and riflemen in each brigade, shall be numbered by the proper commandant of brigade, and Volunteer coma record made of such members in his office, and in the Adju- panies to be numtant-General's office, and when they exist in sufficient numbers, and are conveniently located for the purpose, shall be rank organized into batalions and regiments, and officered as provided in Section 5, of this Act. And in all cases of the same description of arms the oldest organized uniform company first commissioned shall be first and senior in rank, the next uniform company commissioned second in rank, and so on to the junior organized and commissioned company, dating from the first commissions issued to the officers of the company. talions and regi. ments SEC. 12. Whenever there are not less than three nor more than six volunteer or independent companies of inForming into bat fantry, light-infantry, or rifle of any one description within the bounds of any brigade, the commandant thereof may organize such companies into a battalion under the command of a Lieutenant-Colonel and Major with all the staff officers necessary to a regiment, or battalion, as provided for by this Act, Provided, also, That whenever there are over five and under eleven companies of any one description as above provided, within the bounds of any brigade, the commandant shall organize the same into a full regiment, commanded by one Colonel, Lieutenant-Colonel and Major, and a full staff, and whenever there are over ten companies in any one brigade as heretofore provided, the commandant of brigade may organize them into battalions or regiments, or both, if there are a sufficient number of companies so to do; and whenever there are not less than two, nor more than four companies of artillery or cavalry, the commandant of brigade may organize them, if artillery, into a battalion, of cavalry, into a squadron, under the command of a Lieutenant-Colonel and Major, and a full set of staff officers as is provided for a regiment by this Act; and whenever there are four or more companies of artillery or cavalry in any one brigade, the commandant of said brigade shall organize them into regiments; and whenever there are over five companies of artillery or cavalry, the commandant of said brigade may organinze the artillery into battalions or regiments, or both, if there are a sufficient number of companies, and may organize the cavalry into squadrons or regiments, or both, as he may think proper and right, being governed by the number of companies of any one description in his brigade in all cases. teer companies to make returns OFFICERS TO MAKE RETURNS-WHEN AND WHAT TO BE RETURNED. SEC. 13. That every commandant of any volunteer independent company shall make a return of all non-commissioned officers, musicians and privates under his command belonging to his company; and all the arms and accoutrements belonging Officers of volun- thereto, to the commandant of his regiment, squadron or battalion ; but if his company does not form a part of any of their company regiment, squadron, or battalion, then he shall make return to the commandant of his brigade, but in either case shall make his return on or before the first day of August in each year; and the commandants of each and every regiment, squadron, or battalion shall make return to the commandants of brigades on or before the first day of September annually; and the commandants of brigades shall return to commandants of divisions, on or before the first of October annually; and the commandants of divisions to the Adjutant-General on or before the first day of November in each year. All com mandants named in this Act, shall make return of all commis |