When act not to apply.

Persons liable to duty.

Who exempt.

tion to sales by auction, he shall for every such offence forfeit a sum not exceeding five hundred dollars.

$ 22. Any person being at the time a resident of this territory, may sell his own property, personal or real, at auction, or in any other way, the same being his household goods, any product or manufacture of this territory, without being in any manner affected by or subject to any of the preceding provisions of this act.

AN ACT relating to the militia.

TITLE I.

$1. 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.

§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.

2nd. The members of the legislature, and its officers, during the session thereof, and 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 enrolment 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 another 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 TENOR OF
THEIR OFFICES.

how appoint

$1. The officers of the militia shall be appointed in the manner pre- Officers, scribed in the seventh section of the "act of congress, establishing edthe territorial government of Wisconsin," and shall hold their commissions without limitation of time, subject however to be revoked and determined by the governor of the territory for the time being, at Tenure of his pleasure.

office.

Staff of com. in chief.

$2. The commander-in-chief shall appoint his own staff. $3. Major-generals, brigadier-generals, and commanding officers Other staff of regiments, or separate battalions, shall appoint the staff officers of officers. their respective divisions, brigades, regiments, or separate battalions.

$ 4. No commissioned officer can be removed, except by the go-officers, vernor, or by the decision of a court-martial pursuant to law.

how removed.

ficers.

$5. Sergeant-majors, quarter-master sergeants, sergeant-standard- warrant ofbearers, drum-majors, fife-majors, and trumpet-majors, shall be appointed by the 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 office during his pleasure.

$6. Whenever the office of any commissioned officer in the mili- vacancies, tia, except those of the staff, shall become vacant, the commander- how filled. in-chief shall have power to fill the same, which appointment shall continue until the last day of the next succeeding session of the legislative assembly.

$7. Every officer duly commissioned, shall within twenty days af- officers to ter his commission shall be tendered to him, or within twenty days take oath. 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.

$8. Every commissioned officer shall take and subscribe such By whom oath before a judge of some court of record in this territory, clerks administerof courts, notaries public, justice of the peace, or some general or field officer, who having previously taken it himself, is hereby au

thorized to administer the same.

endorsed

$9. A certificate of the oath, shall be endorsed by the officer ad- Certificate ministering the same, on the commission, and no fee shall be received commission for administering any such oath or endorsing such certificate.

$ 10. All non-commissioned officers of companies shall be ap- Non-compointed by the commandants of their respective companies, but shall officers, how not be removed except by the approbation of the commandant of the appointed. regiment, or separate battalion to which the said company may be

Resignations

$ 11. 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 accepted in shall be permitted to resign his commission who shall be under arrest,

Not to be

certain

cases.

To notify

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.

$ 12. The commanding officer of a brigade, on accepting any com. in chief resignation, shall forthwith communicate the same to the commanderin-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.

Com. in chief may

$ 13. The commander-in-chief may accept the resignation of any accept resig- officer whose resignation the commanding officer of a brigade is not

nations.

Office how vacated.

Commission how for

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.

$14. Every officer who shall remove out 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.

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

Enrolment.

Ib.

Duty of per.

ed.

TITLE III.

OF THE ENROLMENT OF PERSONS SUBJECT TO MILITARY DUTY.

$ 1. The commanding officer of each company of infantry shall from time to time enrol all persons within the limits of his company, who may be subject to military duty, and shall without delay notify such persons of their enrolment.

§ 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 enrol

ment.

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

$ 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

decision of neither of these officers shall prevent a court-martial from determining whether such person was duly enrolled.

§ 5. Persons claiming to be exempted from enrolment, 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.

Certificate of surgeon.

keepers to

$ 6. All tavern-keepers, keepers of boarding-houses, persons having Tavernboarders in their families, and house-keepers, upon their being thereto give notice. 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.

refusing.

$ 7. If any person of whom such account is so demanded, shall Penalty for 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.

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

$ 9. The person so enrolled shall perform the duty of musician in Exemptions. such company instead of serving as privates therein, and shall respectively be entitled to the same privileges and exemptions as noncommissioned officers and privates in uniform companies, and shall be subject to the same fines and penalties for the non-performance of their duty, as non-commissioned officers are liable to for absence from parade.

in other

$ 10. No such musician, after being enrolled, shall enlist into ano- Not to enlist ther company without the written consent of the commanding officer companies. of the company to which he belongs.

TITLE IV.

OF THE ORGANIZATION, UNIFORM, AND DISCIPLINE, OF THE MILITIA.

organized.

$ 1. The organization of the militia in divisions, brigades, regi- Militia, how ments, battalions, and companies shall be conformed to the provisions of the laws of the United States.

$ 2. Subject to such laws the commander-in-chief may arrange, Ib. alter, divide, annex and consolidate the divisions, brigades, regiments, battalions and companies, in such manner as in his opinion the proper organization of the same shall require.

$ 3. The commanding officer of each brigade, with the approba- Bounds of tion of the commanding officer of his division, may divide, annex or how al alter the bounds of the several regiments, or separate battalions un- teredder his command; and in all cases of alteration in the bounds of any regiment, that part containing the major part of the companies of any one regiment shall retain its name, number and rank. The commanding officer of each regiment or separate battalion, with the approbation of the commanding officer of his brigade, may divide, annex, or alter the bounds of the several companies under his command.

Alterations

§ 4. All such alterations shall be forthwith reported to the comto be report mander-in-chief, and remain in force until he shall otherwise direct. When offi- $ 5. Every officer rendered supernumerary by any consolidation or tonadeemed alteration of regiments, separate battalions or companies, shall be

have re

signed.

Supernumerary officers

deemed to have resigned his commission, unless he shall have given written notice of his intention to retain his rank in the line, to the commanding officer of the brigade to which he belonged, within thirty days after such consolidation or alteration shall be published in general orders.

§ 6. Supernumerary officers shall equip themselves, and those unto equip, &c. der rank of colonel shall attend the parades and drill trainings of the

Volunteer

officers and non-commissioned officers.

companies, $ 7. Whenever thirty persons, subject to military duty, associate how organiz- together for the purpose of forming a company of mounted riflemen,

ed.

Ib.

When to be

infantry or artillery, by and with the consent of the commanding officer of their regiments, shall apply to the commander-in-chief to be organized as such, the commander-in-chief may so organize them, and such persons as a majority of the applicants shall have designated in their application shall be commissioned as the officers of such company. But no artillery company shall be organized by the commander-in-chief unless the commissary-general shall have on hand a proper piece of artillery and equipage ready to be delivered to such company.

$8. Every commanding officer of a regiment, before he shall consent to any such application, shall require satisfactory evidence that the persons making the same intend in good faith to serve when organized, and that they are of sufficient ability to equip themselves according to law.

$ 9.

Every company of artillery, riflemen, light infantry, or mountreporter&c. ed riflemen, which shall not at any annual inspection and review

quired.

have at least thirty privates mounted, or armed and equipped as the law directs, shall be immediately reported by the inspector, or officer acting as such, to the commandant of the brigade to whom such company belongs.

Proof re- $ 10. If thirty privates shall not so appear at such inspection and review, the inspector shall require proof that there are privates belonging to such company properly mounted, or armed and equipped, sufficient to complete the whole number of thirty; such proof may be made by the certificate on honor of a commissioned officer, or by the oath of a non-commissioned officer or private.

disbanded.

When o be $ 11. The commandant of a brigade to whom a company shall be reported as deficient in number, shall thereupon disband the same in orders, unless he shall have reason to believe that such company will have thirty privates present and absent, mounted, or armed and equipped as aforesaid, at the next succeeding inspection and review.

$ 12. In case such company at the next inspection and review shall have absent and present the number above required, mounted, or armed and equipped, it shall not be disbanded, but if otherwise, the commandant of the brigade shall without delay disband the same. Mounted ri. $ 13. All the companies of mounted riflemen and dragoons in each of the judicial districts of the territory, shall be formed into separate battalions, and the members of all such companies after they