In force 4th March, 1837.
AN ACT to amend an act entitled “an act for the organization of and government of the militia of this State,” approved March 2d, 1833.1
What counties to compose
Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That the counties of Calhoun, Pike, Schuyler, Adams, Hancock, McDonough, Warren, Knox, Fulton, Peoria, Henry, and Mercer shall compose the fifth division of the Illinois militia: the counties of Jo Daviess, Whiteside, Rock-Island, Ogle, Putnam, La Salle, Iroquois, Will, Kane, Cook, McHenry, and Winnebago shall compose the sixth division of the of the Illinois militia: the counties of Calhoun, Pike, Schuyler, and Adams shall compose the first brigade of the fifth division; and the counties of Fulton, Peoria, Henry, and Knox shall compose the second brigade of the fifth division; and the counties of Hancock, McDonough,
<Page 2>Warren and Mercer shall compose the third brigade of the fifth division: the counties of Jo Daviess, Whiteside, Rock-Island, Ogle, Winnebago, and Putnam shall compose the first brigade of the sixth division; and the counties of La Salle, Iroquois, Will, Cook, Kane, and McHenry shall compose the second brigade of the sixth division.2
Elections when held and how conducted
Sec. 2. An election shall be held by the officers of the third Brigade of the fifth division at such time as the Major General of said division may order and direct. Said election shall be conducted in all respects in the same manner as is provided for in the act to which this is an amendment.3
For major general and other officers and when
Sec. 3. There shall be an election for Major General of the sixth division, and for Brigadier Generals of the first and second brigades of said division, held on the second Saturday of September next. Said elections shall be held and conducted in all respects, as is provided for in the act to which this is an amendment, and returns thereof shall be forthwith transmitted to the Adjutant General’s office at Vandalia, whose duty it shall be at the expiration of forty days from the day of said election, to open and canvass the returns of election, and cause commissions to issue to the person who may appear to be elected by said returns.
Duty of Sheriffs to hold elections
To transmit returns
Sec. 4. It shall be the duty of the sheriffs of the several counties in the fifth and sixth divisions, in which the militia are not organized, to cause elections to be held on the second Saturday in August next, for one Major in each of said counties, by giving three weeks previous notice, by posting up written notices in three of the most public places in their respective counties: said elections to be held at the county seat of each county, or place of holding courts, under the direction of the sheriff, who shall appoint three judges and two clerks to conduct the same. Said elections shall be conducted in all respects as is provided in the act to which this is an amendment. And it shall be the duty of the said sheriffs, immediately after said elections, to transmit returns thereof of their respective counties, to the adjutant general, whose duty it shall be to cause commissions to be issued to the persons so elected.
Sec. 5. The militia of said counties, organized as aforesaid, shall each constitute an odd battalion. And it shall be the duty of the several majors so elected to proceed immediately to organize their respective battalions, by laying out the same into company districts, and causing captains and lieutenants to be elected. Said battalion shall, when organized, be governed, and perform duty in the same manner, as the militia of this State are.
Sec. 6. The majors of said battalions shall, so soon as they are organized as aforesaid, report to their respective brigadier generals.
Division of regiments
Sec. 7. Whenever it shall be necessary to divide any regiment in this State so as to make two regiments, it shall be the duty of the colonel or officer commanding the same, to notify the brigadier general of his brigade thereof, who may, if he think such division proper, issue his order to the colonel, or officer commanding said regiment, directing him to convene a board of officers of his regiment, which shall consist of all the commissioned officers thereof, a majority of whom shall constitute a quorum, the colonel, or officer highest in rank present, presiding. Said board, when so convened, shall proceed to determine whether they will divide said regiment; and if a division is agreed upon, they shall designate the line of division, and the place of holding the regimental muster of the new regiment, and cause the same to be recorded by the adjutant of said regiment, who shall be in attendance for that purpose. A return of the proceedings of said board shall forthwith be transmitted to the general of said brigade, who shall issue his order for an election for a colonel to command the new regiment, which shall be conducted, and return thereof made as in other cases.
Power of colonel, &c[etc.] to appoint staff
Sec. 8. Commissioned officers, living in the bounds of any regiment so created, shall continue to hold their respective offices as though no such division had been made.
Sec. 9. Colonels and commanders of odd battalions shall in all cases have the power to appoint their own staff.
Sec. 10. The elections provided for by this act shall be subject to be contested, in the same manner as is provided for by the act to which this is an amendment.4
Approved 4th March, 1837.5
1On January 26, 1837, George W. P. Maxwell introduced SB 124 in the Senate. On January 30, the Senate referred the bill to a select committee. The select committee reported back the bill on January 31 with an amendment, in which the Senate concurred. On February 2, the Senate passed the bill as amended. On February 11, the House of Representatives referred the bill to the Committee on the Militia. The Committee on the Militia reported back the bill on February 15 with an amendment, in which the House concurred. On February 21, the House passed the bill as amended. On February 27, the Senate concurred in the House amendments, but immediately re-considered this vote, referring the bill and the House amendments to the Committee on Military Affairs. The Committee on Military Affairs reported back the bill and House amendments on February 28 without further amendment, and the Senate concurred in the House amendments. On March 4, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 452, 567, 595, 662-63, 773, 849; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 301, 315, 322, 336, 483-84, 538, 556.
2Section two of the 1833 militia act divided the militia into five divisions. The addition of a sixth division of two brigades, together with an additional third brigade of the fifth division, sought to accommodate the addition of seven counties since passage of the 1833 act. None of the six counties created during the first session of the Tenth General Assembly were included in this act.
“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), 4-5. The militia act was published separately from the Revised Laws of 1833.
3Sections eleven and twelve of the 1833 militia act dealt with elections.
“An Act for the Organization and Government of the Militia of this State,” 2 March 1833, 11-13.
4Sections thirteen, fourteen, fifteen, sixteen, and seventeen of the 1833 militia act dealt with contested elections.
“An Act for the Organization and Government of the Militia of this State,” 2 March 1833, 13-16.
5On February 11, 1837, the Committee on the Militia of the House of Representatives had issued a report recommending a complete revision of the militia laws. The committee concluded its report with a resolution to create a board of officers to meet in October 1837 to revise the statutes. The House tabled this resolution until July 4, 1837, by a vote of 46 yeas to 29 yeas, with Abraham Lincoln voting nay.
Illinois House Journal. 1836. 10th G. A., 1st sess., 553-54.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 163-65, GA Session: 10-1