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Who subject to duty.

Who exempt.

No. 58.

AN ACT relating to the militia, and public defense of the territory of Wisconsin.

TITLE I

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all able bodied free white male inhabitants, between the ages of eighteen and forty-five years, resident in this territory, and not exempted from serving in the militia by the laws of the United States, or of this territory, are subject to military duty within this territory.

SECTION 2. In addition to the persons exempted by the laws of the United States, the following persons shall be exempt from military duty.

1st. The secretary of the territory.

2d. The members of the legislature and its officers during session thereof, and for fourteen days before and after each meeting.

3d. Ministers and preachers of the gospel, teachers in all colleges.

4th. Officers hereafter to be commissioned, who shall serve as such in the militia of this territory, or in that of any one of the United States for the space of five years; but no such officer who may have served in the militia of this territory, shall be so exempt unless by his resignation, after such term of service, duly accepted or in some other lawful manner he shall have been honorably discharged from his commission.

5th. Every non-commissioned officer, musician and private, of every uniform company, raised or hereafter to be raised, who has uniformed himself, or shall hereafter uniform and equip himself, and whose term of service in such company shall have amounted, or shall amount to ten years from the time of his enrollment therein, shall be exempt from military duty except in cases of insurrection or invasion.

6th. If any member of such company, who shall have been regularly uniformed and equipped, shall upon his removal out of the district of such company, or upon the disbandment thereof, enlist into any other uniformed company, and uniform and equip himself therefor, and serve in the same; whenever the whole

time of his service in such companies, computed together shall amount to ten years he shall be exempt from military duty, in like manner as if he had served for the whole period in the company in which he was first enrolled.

7th. Every person actually employed by the year or season on board any vessel, or in the merchant service, or coasting trade in this territory, all firemen attached to supply engines, and all other firemen belonging to any company in any city or village in this territory, not exceeding twenty-four (24) in number, attached to a fire engine, unless in cases otherwise especially provided shall be exempt from military duty, and also all ferrymen actually employed on post roads, not exceeding two in number to each ferry, except in cases of war, insurrection or invasion.

TITLE II.

OF THE APPOINTMENT OF MILITIA OFFICERS AND THE
TENURE OF THEIR OFFICES.

SECTION 1. The governor shall nominate, and with who to be apthe advice and consent of the legislative council shall pointed by the appoint all militia officers except those of the staff.

governor and council.

SECTION 2. The resolution of the council concurring in any nomination made by the governor to a military office shall be certified by the president and secretary of the council, and be transmitted to the adjutant general, who shall issue the commissions and record the same in books to be provided by him. SECTION 3. The commander-in-chief shall appoint who by the his own staff.

governor or other officer

SECTION 4. Major generals, brigadier generals, and alone. commanding officers of regiments, or separate battalious, appoint the staff officers of their respective divisions, brigades, regiments, or separate battalions.

commissioned

SECTION 5. The commissioned officers of the mili- officers, how tia are commissioned by the governor, and no com- and removed. missioned officer can be removed except by the governor or by the decision of a court martial pursuant to

law.

SECTION 6. Sergeant majors, quarter master ser-. geants, sergeant standard bearers, drum majors, fife majors, and trumpet majors, shall be appointed by the

Commander-in.

cancy.

commanding officer of the regiment, or separate battalion, to which they shall belong by warrant under the hand of such commanding officer, and shall hold their offices during his pleasure.

SECTION 7. Whenever the office of any commischief to fill va- sioned officer in the militia, except those of the staff, shall become vacant, the commander in-chief shall have the power to fill the same, which appointment shall continue until the last day of the next succeeding session of the legislative assembly.

Oath of office.

By whom administered.

Appointment of non commissioned officers.

Resignations.

SECTION 8. Every officer duly commissioned, shall within twenty days after his commission shall be tendered to him, or within twenty days after he shall be personally notified that the same is held in readiness for him, by any superior officer, take and subscribe an oath to support the constitution of the United States of America, and well and faithfully discharge the duties of his said office, and in case of neglect or refusal to take such oath within the time mentioned, he shall be deemed to have resigned said office, and a new appointment shall be forthwith made to fill his place. The neglect or refusal of an officer appointed to take such oath, shall be no excuse for neglect of duty until another shall be duly commissioned in his place.

SECTION 9. Every commissioned officer, shall take and subscribe such oath, before a judge of some court of record in this territory, clerks of courts, notary public, justice of peace, or some general or field, officer, who having previously taken it himself is hereby authorized to administer the same.

SECTION 10. A certificate of the oath, shall be endorsed by the officer administering the same, on the commission, and no fee shall be received for adminis tering any such oath or endorsing such certificate.

SECTION 11. All non-commissioned officers of companies, shall be appointed by the commandant of their respective companies, but shall not be removed except by the approbation of the commandant of the regi ment, or separate battalion to which the said company may belong.

SECTION 12. The commanding officers of brigades may accept the resignations of all commissioned officers in their respective brigades, but no resignation of any captain or subaltern shall be accepted, until the

same shall have been approved of by the commanding officer of the regiment to which the officer so resigning may belong. No officer shall be permitted to resign his commission, who shall be under arrest, or shall be returned to a court martial for any deficiency or delinquency, and no commanding officer of a brigade, regiment or separate battalion, shall approve, or accept any resignation, unless the officer tendering the resignation, shall furnish satisfactory evidence that he has delivered all moneys in his hands as such officer, and all books and other property of the territory in his possession to his next superior or inferior officer, or to the officer authorized by law to receive the same.

SECTION 13. The commanding officer of a brigade on accepting any resignation, shall forthwith communicate the same to the commander-in-chief, also to the commandant of the regiment to which the officer resigning may belong, and if any such officer be a subaltern, he shall also communicate the same to the commandant of his company.

SECTION 14. The commander-in-chief may accept the resignation of any officer, whose resignation the commanding officer of a brigade is not authorized to accept, and he may also accept the resignation of any officer whose resignation the commanding officer of his brigade shall have refused to accept, and cause such vacancies to be filled without delay.

office.

SECTION 15. Every officer who shall remove out Vacation of of the bounds of his command, or who shall be absent from his command twelve months without leave of the commanding officer of his brigade or regiment, shall be considered as having vacated his office.

SECTION 16. The commissioned officer who shall receive a commission for any subordinate officer, shall within thirty days thereafter give notice thereof in writing by mail or otherwise to the person entitled to it.

TITLE III.

OF THE ENROLLMENT OF PERSONS SUBJECT TO MILI

TARY DUTY.

SECTION 1. The commanding officer of each com- Enrollment and pany of infantry, shall, from time to time enroll all per

notice.

When to be equipped

Who to decide upon liability to enrollment.

Surgeon's certificate.

Who required

sons within the limits of his company, who may be subject to military duty, and shall, without delay noti fy such persons of their enrollment.

SECTION 2. Every notice or warning, to a person so enrolled, to attend a company, battalion, or regimental muster, or training, pursuant to the provisions of this act shall be deemed a legal notice of his enrollment.

SECTION 3. Every person duly enrolled, shall be provided, within six months from and after he shall be duly notified of his enrollment, with arms, accoutrements, and ammunition, agreeably to the directions of the laws of the United States.

SECTION 4. The age and ability to bear arms, of every person so enrolled, shall be determined by the commandant of such company, subject to an appeal to the commanding officer of the regiment, but the decis ion of neither of these officers shall prevent a court martial from determining whether such person was properly enrolled.

SECTION 5. Persons claiming to be exempted from enrollment by reason of inability to bear arms, may produce the certificate of a surgeon or surgeon's mate, as evidence of such inability, but it shall not be lawful for the surgeon giving the same to take any fee or reward therefor.

SECTION 6. All tavern keepers, keepers of boardto give informa- ing houses, persons having boarders in their families, and house-keepers, upon their being thereto requested by the commanding officer of the company, within the district of which they reside, shall give to such commanding officer a true account of all persons lodging or boarding with them, and of their names if known, to the end that such persons as are liable to do military duty may be enrolled according to law.

Penalty for refusing.

Musicians.

SECTION 7. If any person of whom such account is so demanded, shall refuse to give an account, he shall forfeit and pay ten dollars for every individual name that may be refused, omitted, concealed, or falsely stated, to be recovered by the commanding officer of the regiment for the use of his regiment.

SECTION 8. Every commandant of a company may enroll as musicians in his company, at least two, and not more than five persons, residing in his district who are desirous to be so enrolled.

SECTION 9. The person so enrolled shall perform

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