72. Term of office of Staff offi- tion allowed.

89. Property of mounted officers

73. Volunteer forces, how dis- exempt from execution. banded.

SECTION. 1. The military shall be subordinate to the civil power. (a)

SEC. 2. The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called in-chief. into the service of the United States. (b)

SEC. 3. All able-bodied male inhabitants of the United States between the ages of eighteen and forty-five years, who are citi- tute the militia. zens of the United States, or have declared their intention to become citizens thereof, shall constitute the militia of the State; but no male citizen of whatever religious creed or opinion shall be exempt from military duty, except upon such conditions as may be prescribed by law. (c)

SEC. 4. The Legislature shall provide by law for organizing shall provide for organizaand disciplining the militia of the State, for the encouragement tion of militia.

Volunteer corps.

Adjutant-
General.

Major and
Brigadier-
Generals.

Uniform.

of volunteer corps, the safe-keeping of the public arms, and for a guard for the State prison. (c)

SEC. 5. The Adjutant-General shall have the grade of MajorGeneral. The Governor, by and with the consent of the Senate, shall appoint two Major-Generals and four BrigadierGenerals of militia. They shall take rank according to the date of their commissions. The officers and soldiers of the State militia, when uniformed, shall wear the uniform prescribed for the United States army. (c)

SEC. 6. The Governor shall, by and with the consent of the Militia officers. Senate, appoint all commissioned officers of the State militia. how appointed.

When may be called out.

Appointment of officers of divi sion and brigade staffs.

Militia duties,

performed.

(d)

SEC. 7. The Governor shall have power to call out the mili tia, to preserve the public peace, to execute the laws of the State, to suppress insurrection or repel invasion. (e)

SEC. 8. The Governor, as Commander-in-Chief of the militis of the State, and by virtue of the power conferred on him by the Constitution, shall appoint all commissioned officers of the militia, and present their names to the Senate for confirmation. and when they are so confirmed shall issue their commissions. The Commander-in-Chief shall be entitled to a personal staff. consisting of two Aides-de-Camp, one with the rank of Colonel, and the other with the rank of Captain. (ƒ)

SEC. 9. All the duties of the Commander-in-Chief relative how and when either to the militia or to any matter appertaining to the mil:tary organization of the State, shall be performed through the office of the Adjutant-General, and the Adjutant-General of the State shall be the Adjutant-General of the Commander-inChief. (f)

Adjutant-
General.

Pay.

Appointment of

SEC. 10. The Adjutant-General shall, as early as possible. organize his office as efficiently as may be in all its details: and he shall recommend to the Commander-in-Chief for appoint ment, as hereinafter provided, an Assistant Adjutant-General. Quartermaster-General, Commissary-General, Judge Advocate General, Chief Ordnance Officer, Inspector-General, and Surgeon-General, each of whom shall have the rank of Colonel. (f SEC. 11. No officer or enrolled man of the militia, provided for by this chapter, shall receive any pay or emoluments from the State, except when called into service in the manner hereinafter provided. (f)

SEC. 12. There shall be appointed by the Commander-inMajor and Brig. Chief, by and with the consent of the Senate, two Majoradier-Generals. Generals and four Brigadier-Generals. If, at any time, there should be more than two divisions of the militia, or if either of the Major-Generals should be upon other duty, or absent. the senior Brigadier-General shall be assigned to duty as com manding division, and a like order shall be held in the case of Brigadier-Generals, and of Colonels in command of brigades.

(ƒ)

(c) Secs. 2 and 3, Art. 11, Const. of 1868.

(d) Sec. 18, Art. 5, Const. of 1868.

(e) Sec. 4, Art. 11, Const. of 1868.

(f) Secs. 1, 2, 3 and 4, Chap. 1656, A

of Aug. 6, 1868.

Staff of General

Colonel of reg

iment.

SEC. 13. The staff of each Major-General shall consist of the staff of Majorfollowing officers, who shall be appointed by the Commander- General. in-Chief, (as hereinafter provided,) viz: One Assistant Adjutant-General, with the rank of Lieutenant-Colonel; two Aidesde-Camp, with the rank of Major; one Ordnance Officer; one Quartermaster; one Commissary; one Division Inspector; and one Surgeon, with the rank of Lieutenant-Colonel. The staff of each General of Brigade shall consist of the following of brigade and officers, who shall be appointed by the Commander-in-Chief, (as hereinafter provided,) viz: One Assistant AdjutantGeneral, with the rank of Major; one Aide-de-Camp, with the rank of Captain; one Ordnance Officer; one Quartermaster; one Commissary; one Brigade Inspector; and one Surgeon, with the rank of Major. The staff of a Colonel of a regiment, and a Lieutenant-Colonel or a Major commanding a regiment, as hereinafter provided, shall consist of an Adjutant and an Assistant Surgeon, each with the rank of a First Lieutenant, and one Sergeant-Major, to be appointed by such commanding officer of the regiment, the Adjutant being selected from the line as in the United States army.

(g)

sion and bri.

SEC. 14. The Generals of Division and Brigade, and the Ad- Appointment of jutant-General of the State, shall recommend to the Governor officers of divifor appointment the officers of their respective staffs; but gade staffs. those recommended by Generals of Division and Brigade must be residents of their respective divisions and brigades. Any officer of a regiment or company receiving and accepting any staff appointment, except that of Adjutant, shall be considered as ipso facto resigning his commission in such regiment or company. All such staff officers will continue to hold their offices until their successors shall have been appointed and commissioned, except as herein otherwise provided for troops called into active service.

(g)

Commissions

officers.

SEC. 15. All military officers appointed under the laws of this State shall be commissioned by the Governor, and each com- and oath of mission shall be countersigned by the Secretary of State, and attested by the Adjutant-General or officer acting in his place, and the officer so commissioned shall take and subscribe the oath of office prescribed by the Constitution before some officer authorized by law to administer oaths, and such oath shall be filed immediately in the office of the Adjutant-General, and the commission shall be deemed as taking effect on the day of the filing of said oath in the office of the Adjutant-General. In case of promotion the oath of office shall be renewed, and the new commission shall take effect from its date. Commissions shall run at the pleasure of the Commander-in-Chief, except as is herein otherwise provided. (g)

SEC. 16. It shall be the duty of the Adjutant-General, except Care of arms. in time of active service of the militia, to take charge of and to

carefully guard and preserve and to account for all arms, accou

(g) Secs. 5, 6 and 7, Chap. 1636, Act of Aug. 6, 1868.

Military correspondence.

Account of moneys.

Annual report

to Governor.

Annual return of militia.

trements, ammunition, ordnance stores, and other military property belonging to this State or granted to it by the Congress of the United States. He shall inspect or cause to be inspected annually, the several military divisions as hereafter enumerated, a report of which shall be made in full to the Governor of the State. He shall keep and file in his office all returns, reports, and military correspondence, in accordance with the provisions of this chapter. He shall also keep an account of all moneys received and expended by him. The manner of keeping such accounts and papers, when not otherwise provided for by law, shall be directed by the Commanderin-Chief, and they shall always be subject to his inspection. He shall, on or before the second Monday in December in each year, make to the Governor, to be by him laid before the Legislature, a report of all the transactions of his department since his last annual report, containing: First, an account of all moneys received and expended. Second, an account of all arms, accoutrements, ammunition, ordnance stores, and military property of every description belonging to the State, from what resource received, to whom issued, or how expended, and by whose order. Third, a statement of the present condition of all such property under his charge, and if any such property shall not be under his charge, he shall state in whose possession the same may be. Fourth, the number, strength, and condition of the volunteer militia, and the strength of the enrolled militia of the State. He shall also make and transmit an annual return of the militia of this State, pursuant to the requirements of the act of Congress of March 2nd, 1803, to the President of the United States, a copy of which, duly certified, he shall lay before the Commander-in-Chief of this State. He shall also perform all other duties appertaining to his office, or which may be enjoined on him by law. He shall be the medium of military correspondence with the Commander-in-Chief. (h)

SEC. 17. On the expiration of his term of office, the AdjuExpiration of tant-General shall turn over to his successor all arms, ordnance, ordnance stores and other property belonging to the State, and all the books, papers, bonds and money in his charge and pertaining to his office. (h)

of AdjutantGeneral.

SEC. 18. Every able-bodied male inhabitant of this State, Persons subject between the ages of eighteen any forty-five years, not exempt to military duty to be enrolled. by law, shall be subject to military duty, and shall be enrolled as hereinafter directed. (h)

Exemptions.

SEC. 19. The following persons are exempted from military duty and enrollment: All ministers of religion having a license or written evidence, according to the rules of their particular persuasion or organization, that they are such ministers; all civil and military officers of the United States; all official

(h) Secs. 8, 9 and 10, Chap. 1636, Act of Aug. 6, 1858.

representatives of foreign governments, and all persons exempted from military duty by the laws of the United States. (i)

SEC. 20. The county assessor in each and every county of Enrollment by this State shall, once in every five years, enroll all the inhabit- assessor. ants subject to military duty, which list or roll shall be sworn to by him and delivered to the clerk of the board of county commissioners in the same manner and at the same time as is provided by law for the civil tax list or assessment roll; and the clerk of the board of county commissioners shall keep the same open for inspection as is provided by law for the civil assessment roll. (j)

roll by County Commissioners

ward copy of

SEC. 21. The board of county commissioners shall correct Correction of the said military list or roll at the same time and in the same manner as is prescribed by law for the correction of the civil tax list, and, on the completion of said correction, it shall be the duty of said clerk to return the corrected list or roll to the assessor, who shall, within ten days thereafter, make and for- Assessor to forward to the Adjutant-General a correct copy of the same, corrected roll which copy shall be sworn to by him; and he shall at the same time deliver the original to the Clerk of the Circuit Court, who shall file the same in his office; and the compensation Assessor's comallowed the assessor for making said military list or roll shall pensation. be five cents each for the whole number of names on the corrected roll. (j)

to AdjutantGeneral.

form duties,

SEC. 22. If any assessor shall neglect or refuse to perform Failure of Asany of the duties required of him by Sections 20 and 21 of this sessor to perchapter, he shall be subject to the same liabilities, penalties &c., and penalties. and punishments as is prescribed by law for a neglect or refusal to perform any of the duties required of him for the assessment of civil taxes. The military list or roll shall des- What militia ignate whether any enrolled militiaman is white or colored, and roll shall designate. shall be made, as provided, in the year one thousand eight hundred and seventy-six, and every five years thereafter. (j)

SEC. 23. Whenever a sufficient number of persons, by the Volunteer provisions of this chapter, citizens of any county of this State, companies. subject to military duty, desire to organize a volunteer company, the Adjutant-General, upon due application of such persons, shall appoint, the Commander-in-Chief approving, some suitable person, resident of the county, to open a book in which he shall enter the names of the persons so volunteering, and shall fix a time and place of meeting for the purpose of organization. (k)

nies, how ap

SEC. 24. Whenever the names have been enrolled, the person Officers of volso appointed shall report the fact, together with the names, to unteer compathe Adjutant-General, who shall report the same to the Com- pointed. mander-in-Chief, and shall, in his discretion, recommend that officers be appointed for such company. If the Legislature shall be in session the Commander-in-Chief shall nominate offi

(i) Sec. 11, Chap. 1636, Act of Aug. 6, 1868.

(k) Sec. 15, Chap. 1636,

(j) Secs. 1, 2 and 3, Chap. 1898, Act of
Feb. 27, 1872.
Act of Aug. 6, 1868.