TITLE I. OF THE PERSONS SUBJECT TO MILITARY DUTY. SEC. 1. Persons subject to military duty. 2. Civil officers and others, exempt from military duty. 3. Non-commissioned officers and privates of uniform companies, when to be exempt. 4. Provision for removal from one company to another. 5. Mariners and firemen exempt. 6. Manufacturers and students, when exempt. 7. Persons having scruples of conscience may commute. TITLE 1. SECTION 1. All able bodied free white male citizens between the Persons liable ages of eighteen and forty-five years, resident in this state, and not exempted from serving in the militia by the laws of the United States, or of this state, are subject to military duty within this state.1 to duty. exempt. $ 2. In addition to the persons exempted by the laws of the United Officers. &c States, the following persons shall be exempt from military duty : 1. The lieutenant-governor ; 2. The members of the legislature, during the term for which they were elected, and the officers thereof during its meeting, and for fourteen days before and after each meeting; 3. The secretary of state, attorney-general, comptroller, treasurer and surveyor-general, and the deputies and clerks in their respective offices; 4. The chancellor, register and assistant register of the court of chancery, judges and clerks of the supreme court, circuit judges, judges and clerks of county courts, surrogates, judges of mayor's courts, and sheriffs; 5. Ministers and preachers of the gospel, teachers in all colleges, and teachers actually employed in academies and common schools; 6. Officers in the army of the United States; 7. Officers who have served as such in the militia of this state, or in that of any of the United States, for the space of four years; but no such officer who may have served in the militia of this state, shall be so exempt, unless by his resignation duly accepted, or in some other lawful manner, he shall have been honourably discharged from his commission. missioned of exempt. S3. Every non-commissioned officer, musician and private of every Non-comuniform company or troop, raised, or hereafter to be raised, who has ficers, &c. heretofore uniformed himself, or shall hereafter uniform and equip himself, and whose term of service in such company or troop, shall have amounted, or shall amount, to fifteen years from the time of his enrolment therein, shall be exempt from military duty, except in cases of insurrection or invasion. (1) This Chapter, except where otherwise noted, was compiled from the act of the 23d of April, 1823; Laws of 1823, p. 329. The acts of Congress relating to the militia, now in force, will be found in the APPENDIX to this volume. Jb. TITLE 2. Mariners and firemen. Manufactur ers and stu dents. Who may commute. $ 4. If any member of such company or troop, who shall have been regularly uniformed and equipped, shall, upon his removal out of the beat of such company or troop, or upon the disbandment thereof, enlist into any other uniform company or troop, and uniform and equip himself therefor, and serve in the same; whenever the whole time of his service in such companies or troops, computed together, shall amount to fifteen years, he shall be exempt from military duty, in like manner as if he had served for the whole period, in the company or troop in which he was first enrolled.2 $5. Every person actually employed by the year or season, on board any vessel, in the merchant service or coasting trade, in this state; all firemen attached to supply engines; and all other firemen, belonging to any company, not exceeding sixteen in number, attached to a fire engine; unless in cases otherwise specially provided, shall be exempt from military duty, except in cases of war, insurrection or invasion.2 $6. Every person actually employed by the year, month or season, in any blooming-furnace, iron-foundry, glass, woollen, or cotton factory; and every student in any college or academy within this state, shall be exempt from military duty, except in cases of insurrection or invasion.3 $7. Every inhabitant of this state of any religious denomination, otherwise subject to military duty, but who, from scruples of conscience, shall be averse to bearing arms, and shall refuse personal military service, shall be exempt therefrom, on paying annually the sum of four dollars for such exemption.* TITLE II. OF THE ELECTION AND APPOINTMENT OF MILITIA OFFICERS, AND SEC. 1. What officers appointed by governor and senate; adjutant-general by governor. 3. Commander in chief to appoint his own aids and military secretary. 4. Commissary-general appointed by legislature for three years; how removed. 5. Copies of resolution appointing commissary-general, to be be sent to governor and adjutant-general. 6. Commissary-general to take oath. Resignation. 7. Captains, subalterns, non-commissioned officers, field officers and brigadier-generals, how chosen. 8. Staff officers, how appointed. 9. Commissioned officers are to be commissioned by governor ; may be removed by senate on his recommendation. 10. Serjeant-majors, &c. appointed by commanding officer of regiment, &c. 11 & 12. How vacancy in office of brigadier-general filled. 13. Vacancy in office of field officer, how filled. 14. Vacancy in office of captain or subaltern in any company, how filled. (2) Laws of 1825, p. 412, § 4 & 7. (3) Cons. art. 7, § 5; Laws of 1824, p. 307, § 1. (3) Laws of 1824, p. 332, § 6. SEC. 15. Notices for an election, how served. 16. Officer issuing notice, to direct some person to serve it; return to be made. 17. Authentication of return. 18. Officer causing notice to be given, to attend and preside at election. 19. If he do not attend, who to preside. 20. Presiding officer to receive votes, and give notice to persons elected; person to accept in ten days, or considered as declining. 21. After person elected signifies his acceptance, presiding officer to communicate his name to commanding officer. 22. When an officer in commission is elected to fill a vacancy, meeting to supply place of officer promoted. 23. Commanding officers of brigades to transmit names of persons elected, to commander in chief. 24. Persons aggrieved at an election, may appeal. 25. Officer appealed to, may order a new election. 26. Appeal lies from commandant of brigade, to commander in chief. 27. Commander in chief may make rules and regulations relative to elections and ap peals. 28. Commissioned officers to take oath. 29. Before whom oath taken. 30. Certificate of oath to be endorsed on commission. 31. No fee allowed for such oath. 32. A company may at any meeting elect non-commissioned officers. 33. Commandant of company to conduct election; to certify persons elected to commandant of regiment. 34. He is to decide upon legality of election, and issue warrants. 35. Commandants of companies may call special meetings, for election of non-commissioned officers. 36. When a majority required, and when a plurality sufficient. 37, 38 & 39. Resignations, and the acceptances thereof. 40. On accepting a resignation, commander in chief to cause notice of an election to fill vacancy. 41. When removal from bounds of command vacates office. TITLE 2. pointed. $1. All major-generals, brigade-inspectors, and chiefs of the staff Officers ap: departments, except the adjutant-general and the commissary-general, are nominated by the governor, and appointed by him with the consent of the senate; the adjutant-general is appointed by the governor." $2. The resolution of the senate, concurring in any nomination Commis made by the governor to a military office, shall be certified by the president and clerk of the senate, and be transmitted to the adjutantgeneral, who shall issue the commissions, and record the same in books to be provided by him. sions. $3. The commander in chief shall appoint his own aids and mili- Aids, &c, tary secretary. general. $4. The commissary-general is appointed by the legislature in the Commissarysame manner in which the state officers are directed to be appointed in the third Title of the fifth Chapter of this act. He holds his office for three years, unless sooner removed by concurrent resolution.5 $5. A copy of the concurrent resolution of the senate and assem- I bly, appointing the commissary-general, attested by the presiding of ficers and clerks of the respective houses, shall be immediately transmitted to the governor, and a duplicate thereof, attested in the same manner, to the adjutant-general. (5) Cons. art. 4, § 2 & 6. Ib. TITLE 2. $6. The commissary-general shall not enter on the duties of his office, until he shall have taken the oath of office prescribed in the constitution. Such oath shall be taken before any officer authorised to administer the same oath to the attorney-general, within the same period, and subject to the same regulations. The resignation of the commissary-general shall be tendered to the legislature, and be filed in the office of the secretary of state. Officers elect cd. Staff officers. Commissioned officers. $7. Captains, subalterns and non-commissioned officers, are chosen by the written votes of their respective companies; field officers of regiments and separate battalions, by the written votes of the commissioned officers of their respective regiments and separate battalions; and brigadier-generals by the field officers of their respective brigades. $ 8. Major-generals, brigadier-generals and commanding officers of regiments or separate battalions, appoint the staff officers of their respective divisions, brigades, regiments or separate battalions." $9. The commissioned officers of the militia are commissioned by the governor ; and no commissioned officer can be removed from office, unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended; or by the decision of a court-martial, pursuant to law. Warrant offi- $10. Sergeant-majors, quarter-master-sergeants, drum-majors, fife cers. Vacancy in office of brigadier. Notice of election. Vacancy, field officer. majors, and trumpet-majors, shall be appointed by the commanding of ficer 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. $ 11. Whenever the office of a brigadier-general is vacant, the commander in chief shall issue an order for an election to fill the vacancy; and shall designate a major-general, or some other proper officer, to preside at such election. $12. The officer so designated, shall cause a written or printed notice, to be served on each of the field officers of the brigade in which the vacancy exists, at least ten days previous to the election, specifying the time and place of holding such election. $13. Whenever the office of any field officer in any regiment or separate battalion, is vacant, the commanding officer of the brigade to which such regiment or separate battalion belongs, shall cause a written or printed notice to be served on each commissioned officer in such regiment or battalion, of an election to fill the vacancy. The notice shall specify the time and place of holding the election, and be served at least five days before such election shall take place. (6) Cons. art. 4. § 1 & 2. Vacancy, $ 14. Whenever the office of a captain or subaltern in any com- TITLE 2 pany or troop is vacant, the commanding officer of the regiment or separate battalion to which such company or troop belongs, shall captain or cause a written or printed notice of an election to fill the vacancy, to be served on the members of such company or troop, at least three days before the election shall take place; and shall specify in such notice, the time and place of the election. subaltern. notice. $15. All notices for any election shall be served on the persons Service of entitled to vote thereat, in the same manner as non-commissioned officers, musicians and privates, are warned to attend a parade. $16. The officer issuing the notice, shall designate some proper tь. person or persons to serve the same, or to direct such service; and the person so designated, shall make a return of the persons notified, and of the manner of the service. $17. The return, if made by a commissioned officer, shall be au- Return. thenticated by his certificate on honor; if by a non-commissioned officer, by the oath of the person making such service. The oath may be administered by any magistrate, or by the officer issuing the notice. officers, how 18. The officer causing the notices to be given for any of the Elections of aforesaid elections, shall attend at the time and place of holding such conducted. election; he shall organize the meeting, and preside thereat, and may, for sufficient cause, adjourn the same from time to time. $19. If the officer causing the notices to be given, shall not attend I. the meeting for the election, then the officer of highest rank present, or in case of an equality of rank between two or more, then such one of them as a majority of the electors present shall choose, shall preside at such meeting, and for sufficient cause may adjourn the same. $ 20. The officer presiding when an election shall take place, shall ь. receive the votes of the electors present for the officers to be elected, and shall forthwith give notice to every person elected of his election. If such person shall not, within ten days thereafter, signify to such officer his acceptance, he shall be considered as declining the office to which he shall have been chosen, and an election shall be held for a new choice. $ 21. Immediately after the person elected shall have signified his acceptance, the officer who shall have presided at the election, shall, in case of the election of a brigadier-general, communicate the same to the commander in chief; and in all other cases, if not himself the commanding officer of the brigade, shall certify to such commanding officer, the names of the persons duly elected. Ib, $ 22. If, at any election, an officer, then in commission, shall be Ib. elected to fill a vacancy, and shall not decline, the electors present, |