H. 80. An act to incorporate the Brattleboro Manufacturing Company;

H. 90. An act to incorporate the Green Mountain Glass Company;

H. 128. An act to incorporate the Brattleboro Woolen Company;

And have passed the same in concurrence.

The Senate have passed a bill entitled

S. 6. An act repealing the act creating and establishing the office of Railroad Commissioner;

In the passage of which the concurrence of the House is requested.

On motion of Mr. Barlow, House bill entitled

H. 9. An act modifying the act entitled "An act for organizing the millitia," approved November 22, A. D. 1864;

Was taken up. The question being, Shall the bill be engrossed and read the third time? Mr. Waite moved to amend by striking out all after the enacting clause thereof, and inserting in lieu thereof, the following:

TITLE I.-ENROLLMENT.

SEC. 1. Each and every able-bodied male citizen of this State between the ages of eighteen and forty five years, except as hereinafter provided, shall be liable to perform military duty, and shall be enrolled in the militia of this State. It shall be the duty of the selectmen of each town, and the common councilmen of each city within this State, to make such enrollment once in each year, and in such manner, and in accordance with such rules and regulations, as the Commander-in-Chief may prescribe. And if such selectmen or common councilmen shall neglect or refuse to perform the duties required of them by this section, the Commander-inChief shall forthwith cause the same to be performed by such. person as he shall appoint, at the expense of such town or city, and such selectmen or common councilmen, for such refusal or neglect, shall forfeit and pay the sum of one hundred dollars, to be recovered by action of debt in the name of the Adjutant and Inspector General, which action it is made his duty to institute.

SEC. 2. The Vice President of the United States, the members of both houses of Congress, all postmasters, all sworn mail carriers actually engaged in the conveyance of the United States' mail, all telegraph operators while actually engaged as such, all engineers of locomotives on railroads

while actually engaged as such, all engineers and pilots of steamboats while actually engaged as such, which carry the United States' mail, and all persons exempt from military duty by the laws of the United States shall be exempt from the performance of military duty.

SEC. 3. All tavern keepers, keepers of boarding houses, persons having boarders in their families, and any master or mistress of any dwelling house, shall, upon the application of any person authorized to make such enrollment, give information of the names of all persons residing or lodging in such house, liable to be enrolled, as the person making such enrollment may demand; and if any person, of whom information is so required, shall refuse to give such information as he may possess, or shall knowingly give false information, he shall forfeit the sum of ten dollars for each item of information so withheld or falsely stated; and every person who shall refuse to give his own name and proper information when applied to by any person authorized to make such enrollment, or shall give a false name or information, shall forfeit a like sum; such penalties to be recovered in any court of competent jurisdiction, by suit in the name of the town in which the penalty was incurred, for the benefit of such town; and it shall be the duty of the person making such enrollment to institute suits against all incur any penalty under this section.

TITLE II.-ORGANIZATION.

persons who

may

SEC. 4. The Commander-in-Chief is hereby authorized and directed to divide the State into twelve military districts, and to organize in each of said districts one regiment of infantry, consisting of ten companies, the maximum to consist of one hundred and one officers and men each, and the minimum to consist of fifty-one officers and men each, to be or'ganized, armed, drilled and disciplined, under such regulations as he may prescribe. The regiments shall constitute three brigades, and the whole shall constitute one division. And the Commander-in-Chief is also authorized to organize one or more batteries of light artillery, in each congressional district, and such force of cavalry as he may deem advisable, and under such rules and regulations as he may prescribe; and the minimum of said organizations shall be filled and at all times kept full by draft from the enrolled militia, to be made in such manner and at such time and times, and under such rules and regulations, as the Com

mander-in-Chief shall prescribe, unless previously filled by voluntary enlistment, within such time and under such regulations as the Commander-in-Chief shall direct.

SEC. 5. The forces so organized shall be officered as similar organizations of the same arm of service are officered under the laws of the United States, and the officers shall be elected or appointed and be commissioned agreeably to the Constitution of this State, subject to such rules and regulations as the Commander-in-Chief shall prescribe.

SEC. 6. There shall be an Adjutant and Inspector General with the rank of brigadier general, a Quartermaster General with the rank of brigadier general, and a Judge Advocate General with the rank of brigadier general, who shall each be elected annually by the General Assembly. There shall be also a Surgeon General with the rank of brigadier general, and four aides-de-camp to the Commander-in-Chief, each with the rank of colonel, who shall be appointed by the Commander-in-Chief, and he may also appoint such additional aides-de-camp, with the same rank, as he shall at any time deem necessary.

SEC. 7. The right to exemption from military service for physical disability and other causes shall be determined by such officers, and in such manner, and under such rules and regulations, as the Commander-in-Chief shall prescribe.

TITLE III. -DUTIES OF OFFICERS.

SEC. 8. The Adjutant and Inspector General shall issue, sign and transmit all orders of the Commander-in-Chief, and all regulations which may be established, and obey all orders from him relative to carrying into execution the laws of the United States and of this State. He shall be charged with all the correspondence between the Commander-in-Chief and officers of the several states and territories, the Secretary of War, the Adjutant General of the army, and other persons in official stations, on the subject of military affairs, and keep a record of such correspondence. He shall keep a record of all orders and regulations, and cause the same to be published whenever the Commander-in-Chief shall direct. He shall keep a roster of all the militia of this State, with their residence, rank, and the corps to which they belong, the number and date of the commissions of all commissioned officers, and the time when issued, the number and date of all discharges, removals, deaths and promotions. He shall enter of record the number, name and limits of each division,

brigade, regiment, squadron and company, and every altertion thereof. He shall make out and issue all commissions and discharges directed by the Commander-in-Chief. He shall prepare and provide the necessary rosters and books of records, the forms and blanks for commissions, discharges, returns and other papers required by the laws of this State, at the expense of the State, and distribute the same to the officers and companies entitled to them, upon a requisition therefor. He shall make a return in duplicate of all the militia in this State, with the arms, accoutrements and ammunition; one copy of which he shall deliver to the Commander-in-Chief, on or before the first day of October, and transmit the other to the President of the United States, on or before the first day of January annually. He shall cause this act and all subsequent acts of the legislature relative to the militia, to be from time to time published and distributed to each general, field, staff and commanding officer, at the. expense of the State. Whenever the Adjutant and Inspector General shall be complainant for neglect or other default, in making returns, he shall not be required to be present, but his certificates shall be sufficient prima facie evidence that the return was not made, and all copies of records or papers in his office, duly certified and authenticated by him, shall be evidence in all cases, in like manner as if the original were produced.

SEC. 9. The Quartermaster General shall keep in good repair, and attend to the due preservation, safe keeping and cleaning of the ordnance, arms, accoutrements, ammunition, munitions of war, and implements of every description, the property of this State, and he shall at all times have the control and disposition of the same for that purpose, subject to the orders of the Commander-in-Chief. He shall, under the direction of the Commander-in-Chief, designate such kinds of arms, to be received from the United States, as shall be deemed necessary for the military service of this State. He shall, under the direction of the Commander-in-Chief, dispose to the best advantage, of all arms, ammunition, accoutrements, tools, implements, and warlike stores of every kind, the property of the State, that shall be deemed unsuitable for the use of the State by a board, of survey, and from time to time render a just and true account of all sales made by him, and shall pay the proceeds of such sales into the Treasury. He shall report annually, on or before the first

day of October, to the Commander-in-Chief, a true and particular statement, showing the actual situation and disposition of the ordance, arms, ammunition and other property, which in any wise appertain to or respect the department confided to his keeping. He shall keep a just and true account of all the expenses necessarily incurred in and about his department, and once at least in every six months deliver the same to the Auditor of Accounts, who shall thereupon examine and audit the same, and shall draw his order on the Treasurer for such sum as he shall find due, subject to the approval of the Commander-in-Chief. He shall from time to time give such instructions to each of the division, brigade and regimental quatermasters, as shall be necessary for the proper and faithful discharge of the duties of his department. He shall, before entering upon the discharge of his duties, give bonds to the Treasury of the State, with one or more sureties, in the sum of twenty thousand dollars, for the faithful execution of the duties of his office, and for the rendering of a true and correct account of all the moneys and other property of the State, which shall come into his hands.

SEC. 10. It shall be the duty of the Judge Advocate General, upon the complaint of any officer, or when directed by the Commander-in-Chief, to make out in proper form regular charges and specifications against any staff officer of the Commander-in-Chief, or any officer above the rank of brigadier general, and to attend the court martial of such officer, as Judge Advocate, when such court martial shall be ordered.

SEC. 11. It shall be the duty of the Major Generals to execute all orders received from the Commander-in-Chief, and from time to time to issue such orders as may be necessary for the proper regulation of their respective divisions not inconsistent with the laws of this State or of the United States, and to cause all orders received and issued by them, and all returns received from brigadier generals, to be recorded by the division inspector.

SEC. 12. It shall be the duty of each Brigadier General to execute all orders received from the Commander-in-Chief or other superior officer, and from time to time to issue such orders as shall be necessary for the proper regulation and government of his brigade, not inconsistent with the laws of this State or of the United States, and cause all orders and returns received and orders issued by him to be recorded. He