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Sec.[Section] 1st Be it enacted by the people of the state of Illinois represented in the General Assembly, That all independent companies found under the Militia Law of this state shall have four company musters in each year at [?] times and places in the months of April [?] June[] and August, as the commandants of such corps may Direct, and they shall also parade
with the Battalion & Regiment to which they belong.2
Sec. 2. Any member of an independent Company who shall come on parade without uniform
after each uniform has been approved of by a majority of the company to which he belongs,
shall for every such failure be fined fifty cents.3
Sec. 3. All fines assessed on members of independant companies shall be applied to the use of such companies exclusively, and it shall
be the duty of the several paymasters to keep the accounts of said corps seperately and distinctly from the other fines of their respective regiments, which fines shall
be applied to the respective companies upon orders drawn by the commanding officers
of said corps.4
Sec. 4. any number of an indipendent Company who shall obtain from the [commanding officer?]
[of] said company a certificate certifying that he has served in such company seven years,
shall be [exempt?] from militia duty thereafter in time of peace
Sec. 5. In addition to the present company muster required by Law each company shall hold
in August of every year a muster at such time and place as is made the commandants
of [companys?] to direct which muster shall be governed by the same rules
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regulating that in April.
Sec. 6 It shall be the duty of each commandant of companies on or before the first day
of April in each year to deliver to each non commissioned officer of his company a
written or printed notice specifying the time and place of holding each muster for
the year; also the Court of [Assessment?] who shall by the fifth day of April [deliver?] or Leave at the place of [Lodging?] or usual [place] of abode of each non commissioned office[r]
[?]tion and private in the company to which [?] a Like written or printed notice on or before the Sixth day of April in each year
but in all cases when any person may move into the bounds of any company or arive at the age of eighteen years after sixth day of April in any year, the commandants
of companies shall as soon as possible give to such person a Like Notice, provided
in all cases where any militia man receives three days notice of any muster, it shall
be Lawful, and provided further that it shall be the duty of the commandants of companies
from time to time to cause all persons to be [made?] to attend muster who from accident or neglect failed to receive a notice before the
sixth [day?]
[of] April, each captain may have his notices printed and receive pay for the same out
of the [Regiment?] fund not exceeding two dollars for each [?]
Sec. 7th every every non commissioned officer [?] duty it is made by this act to notify the company which they belong shall on or before
the tenth day of April in each year make to the [commandant?] of the company a ^true^ return of the names of those notified; and on his failure to perform any of the foregoing
duties he shall be fined in any sum not Less than two nor more than five dollars.
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Sec. 8. Any non commissioned officer[,] musition[,] or private failing to attend any muster fixed by this or any other act now in force,
shall be fined for every such failure two Dollarss, unless he give to the court of assessment a reasonable excuse, The thirty eighth
section of the act passed in [1833?] to the contrary notwithstanding
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 26-27.
Sec 9. At all elections of officers the . . . who may be in attendance may appoint three Judges of Elections who when thus appointed
shall name some person to be their clerk, and then proceed to take the votes as now
provided by Law5
Sec. 10. In addition the present Musters that are now held in the Militia of this state there shall be one Battalion drill Muster in each and every Battalion in this state on the Friday & Saturday before the Batalion Muster in each and every year conducted in all respects as the Regime[n]tal drill Musters now are by Law, and Liable to the same fines, and penalties for
a failure to comply with the Law to which this is a suppleme[nt]6
Sec. 11. So much of the present Law as requires Regimental musters to be held in the
months of September,7 and so much of the 34[th?] Section of said Law as provides that persons conscientiously scrupulous of bearing
arms [may?] be exempt by paying twenty five cents into the county treasury is hereby repealed,8 and such person may be exemt by paying the usual fines of privates9 the 22nd 32, and 53rd sections of the act to which this is an amendment are hereby repealed.10
Sec. 12, That all Militia officers who have been regularly commissioned for the term
of five successive years shall be exempt from Militia
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duty in time of Peace.
This act to be in force from its passage
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[01]/[14]/[1836]
[01]/[14]/[1836]
Engrossed
1John Wyatt introduced HB 34 in the House of Representatives on December 17, 1835. The House referred it to a select committee. The select committee
reported back the bill on January 13, 1836, with amendments, in which the House concurred.
On January 14, the House referred the bill to a five-person select committee. The
select committee reported back the bill on January 15 with an amendment. The House
tabled the bill and amendment until July 4.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 77, 304, 329, 341.
2Section twenty-seven of the 1833 militia act pertained to company musters. Sections
eight, nine, ten, twenty-two, and thirty-five pertained the independent and volunteer
companies.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, The Act of the Organization and Government of the Militia of this State, Passed 2d
March 1833, Together with the Articles of War, and the Rules and Regulations for the
Government of the Army of the United States (1833), 8-10, 17, 18, 21-22. The militia act was published separately from the Revised
Laws of 1833.
3A proviso in section nine of the 1833 militia act pertained to uniforms.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 10.
4Sections twenty-two, thirty-two, and thirty-eight of the 1833 militia act pertained
to fines.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 17, 20, 26-27.
5Sections eleven and twelve of the 1833 militia act pertained to elections.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 11-13.
6Sections twenty-five and twenty-six of the 1833 militia act pertained to regimental
and battalion musters.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 18.
7Section twenty-five of the 1833 militia act.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 18.
8Section thirty four specified that no person conscientiously opposed to military duty
for religious reasons could be compelled to bear arms in a time of peace. Such conscientious
objectors would have to be a member of a religious society whose rules required them
to care for poor persons connected with the respective society. Those opposed to
military service but not a member of a religious society could obtain exemption upon
the payment of seventy-five cents each year into the county treasury. Prospective
objectors would have to make application with the clerk of the county commissioners’
court of their respective counties, and the clerk would grant a certificate of exemption
to the applicant. The applicant was to pay the clerk twenty-five cents for the certificate.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 21.
9Section thirty-two fined privates seventy-five cents for failing to attend regimental
musters, and fifty cents for failing to attending battalion and regimental musters.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 20.
10Damage to the image and lack of punctuation obscures the exact meaning of this last
phrase. Section twenty-two pertained to organizing and equipping volunteer companies.
Section thirty-two pertained to fines for privates and captains for various infractions.
Section fifty-three pertained to payment for the adjutant general and other officers.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 17, 20, 40.
Handwritten Document, 6 page(s), Folder 34, HB 34, GA Session: 9-2,
Illinois State Archives (Springfield, IL) ,