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Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in [...?] the General Assembly That it shall be the duty of the commander of Regiments or odd Battalions, (in case
they shall not receive from their Brigadier General; notice of the time of holding
their Regimental muster, by the first day of March,) to proceed forthwith to notify
the field officers, and commandants of companies, of the time and place, where the
Regimental, Battalion, and drill musters will be held, and also the time and place
where [?] Courts of assessment and appeal will be [?] and said notice shall either be written or printed.
Sec 2 In case the commandants of Battalions shall not receive notice of the time and
place of the Battalion musters to be held in his Battalion, by the first day of April;
it shall be his duty to deliver a written notice to the commandant of each Company
in his Battalion of the time and place when, and where, the Battalion muster of the
Battalion shall be held.
Sec 3 The time as fixed by the Commandants of Regiments and Battalions in compliance
with the two preceding sections, shall be the times, and places where and when such
musters and Courts shall be held, and when so fixed no superior officer, except the
major General of the Division, shall have power to alter or change[ them?].
Sec 4 It shall be the duty of the Commandants of Companies to cause to be delivered to
every
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member of his Company a written or printed notice of the times and places, where the
Regimental, Battalion, drill, and Company musters of the Company will be held, and
also the time and place where the Courts of assessmet and appeal will be held. And for the purpose of delivering said notices, he shall
have power to order any of the Commissioned, or non-commissioned officers of the company
to deliver said notices.
Sec 5 Whenever any fine shall have been assessed on any officer, non-commissioned officer,
musician[,] or private, in pursuance of the act to which this is an amendment, It shall be lawful
(in addition to the manner therein provided for the collection of fines,) for the
commandant of the Regiment to cause suit to be brought for the amount of said fine,
before any justice of the Peace of the County in which the Regiment may be situated,
against any person so assessed with a fine. Said suit to be brought in the name of
the Regiment, and in case judgment shall go against the Regiment, the justice of the
peace and Constable shall not be entitled to any fees2
Sec 6 The proceeding of the court of assessment, fixing said fine shall be signed by
the presiding officer of the Court, and countersigned by the acting judge advocate,
and shall be sufficient evidence, before any justice of the peace, that said fine
was legally, and justly assessed, on any person on
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whom a fine appears to be assessed, in said proceeding. Provided, that in case said fine shall have been remitted by the court of appeals, then judgment
shall not be given for said fine.
Sec 7 A Court of appeals shall be held within one month after the first Court of assessment,
composed of the Same officers who constitute the Board of assessment, And at which
Court all fines imposed at the Court of assessment may be remitted, or reduced. And
the commandant of Regiments, may order a board of officers to convene to hold a second
Court of assessment, or Court of Appeals, if one shall see proper so to do, in the
same year.
Sec 8 Each non commissioned officer, musician, or private failing to attend any muster
provided for by law shall be fined not more than three dollars; nor less than one
dollar.3
Sec 9 Hereafter there shall be two company musters in each year. One in April or May,
and one in August or September. Battalion Musters may also be held in May; any law
to the contrary notwithstanding.
Sec 10 That so much of the act, to which this is an amendment as allows Compensation
to Brigade inspectors, be and the same is hereby repealed.4
[ certification
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02/24/1837
02/24/1837
Passed H R[House of Representatives] Feb 24th 1837
D Prickett Clk[Clerk] H R<Page 4>
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[ docketing
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19
[ docketing
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No 210
[ docketing
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[ docketing
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[03]/[03]/[1837]
[03]/[03]/[1837]
not passed
[ docketing
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[02]/[20]/[1837]
[02]/[20]/[1837]
Engrossed
1John Harris introduced HB 195 in the House of Representatives on February 8, 1837. The House referred the bill to a select committee. The select
committee reported back the bill on February 13 with amendments. The House refused
to amend the fifth section of the committee’s amendments by a vote of 34 yeas to 36
nays, with Abraham Lincoln voting yea. The House then referred the bill and proposed amendments to another
select committee. The select committee reported back the bill on February 20 with
an amendment, in which the House concurred. On February 24, the House passed the
bill as amended. On February 28, the Senate referred the bill to a select committee. The select committee reported back the
bill on March 3 with amendments, in which the Senate did not concur. The Senate rejected
passage of the bill by a vote of 13 ayes to 17 nays.
Illinois House Journal. 1836. 10th G. A., 1st sess., 514, 582-83, 647, 696-97, 835; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 525-26, 560, 607-608.
2Sections seven, thirty-two, thirty-seven, and thirty-eight of the 1833 militia act
governed the assessment and collection of fines.
“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, 20, 23-25, 26-27. The militia act was published separately from the Revised
Laws of 1833.
3Section thirty-eight of the 1833 militia act had set the fine for not attending a
regimental muster at $2 and other musters at $1.
“An Act for the Organization and Government of the Militia of this State,” 2 March
1833, 27.
4Section fifty-three of the 1833 militia act stipulated that a brigade major, who also
served as brigade inspector under provisions of section three, was to receive $10
annually for each battalion in the brigade to which he belonged. On January 21, 1837,
the Senate, had debated and rejected an amendment to a amendatory bill to the 1833 militia act repealing salary provisions for brigade majors/inspectors.
The amendatory act included no repeal of pay for brigade majors/inspectors. In February 1849, the General Assembly passed an act that repealed section fifty-three.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 322; “An Act for the Organization and Government of
the Militia of this State,” 2 March 1833, 5, 40; “An Act Regulating the Pay of Brigade
Majors,” 12 February 1849, Laws of the State of Illinois (1849), 41.
5These legislators formed a select committee in the Senate that considered the bill.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 560.
Handwritten Document, 6 page(s), Folder 182, HB 195, GA Session 10-1, Illinois State Archives (Springfield, IL) ,