Sec[Section] 1 Be it enacted by the people of the State of Illinois, represented in the General Assembly, That J. C. Bennett, W. L. Willmans, H W. Davenport, J. B. Blackford, D. I. Willmans, E. [Keiney?], R. Coulter, Z. Boltinghouse, A. Calvin, N. Davis,H. Harden, S. J. Lindsay, T. J. Hanks, J. Charles, R. L. Boggs,G. W. Hoke, J. McCown, R. D. Walden, J. P. McCay, all commissioned officer officers of the second Divission of Illinois Militia, and the officers and privates now on their respective rolls and under their respective
commands, and their associates and successors, be, and they hereby are, created, constituted
and declared to be a body corporate and politic, by the name and style of the “Invincible Dragoons,“ and by that name they shall have perpetual succession, forever, with all and singular
the plenary powers of a corporation.
Sec 2 The corporation shall constitute an independent Brigade and shall be attached to
the second Division of Illinois Militia, the Court Martial of which shall consist of the commissioned officers of the corporation,
which Court shall have full power and authority to pass all such by-laws, ordinances,
rules and regulations, as they may think necessary for the regulation, government
and prosperity of the corporation, its officers and privates; which by-laws, ordinances,
rules and regulations, however, shall not be repugnant to, nor inconsistent with,
the Constitution of the United States or of this State.
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Sec. 3 The Court Martial shall adopt as nearly as possible, the discipline, drill, rules,
regulations and uniforms, of the United States Army: Provided, that each company may adopt its own uniform for the non-commissioned officers
and privates belonging to it.
Sec 4 The captain of any company attached to this corporation may enlist into his company,
by voluntary enrollment, any person residing in the counties of White, Edwards, or Wabash, under the laws of the corporation; and any independent company of light-infantry,
riflemen, artillery, cavalry, dragoons, lancers or flying artillery, in said counties
of White, Edwards or Wabash, may attach itself to this corporation by a vote of a majority ^10^ of the company, and shall be entitled to all the privileges thereof; and the commandant
of the Brigade may organize any such company out of said counties, on being requested
so to do, by the Court Martial: Provided, that the flying artillery shall rank first, the lancers next, the dragoons next,
the cavalry next, the artillery next, the riflemen next and the light infantry next.
Sec. 5 The companies attached to this corporation shall be entitled to their proportion
of the public arms, assigned by the laws of the State to the second Division of Illinois Militia.
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Sec 6 The corporation shall hold at least one company muster, one battalion muster, one
regimental muster, and one general or Brigade muster, (the last of which shall be
on the 4th of July,) in each year; and any non-commissioned officer or private, who
shall neglect or refuse to appear on said days, shall be fined in the sum of one dollar
for the company, battalion or regimental muster, and two dollars for the General or
Brigade muster of the 4th of July, and, the Brigadier General the sum of twenty-five
dollars; each Colonel, aidecamp and Brigade Major, fifteen dollars; Lieutenant Colonels or Majors, ten dollars; Captains,
six dollars; Lieutenants, four dollars; and every commissioner officer, non-commissioned
officer or private, who shall neglect or refuse to uniform himself, in full, after
the lapse of eight months from the passage of this act, shall be fined in the same
sums in addition, for each day of muster: all of which fines shall be assessed by
the Court Martial, and collected for the use of the corporation; to be recovered before
any Justice ^24^ of the Peace in the Brigade and collected as other debts, by execution, subject,
however, to an appeal to the Circuit Court: Provided, always, that all members of
this corporation who are unable to attend musters on account of sickness in their
families, or any other reasonable excuse satisfactory to the court-Martial, shall,
for the time being, be exempt from all such fines.
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Sec 7 The Court Martial shall compose a court of enquiry, appeals and assessment of fines,
and shall constitute the only law-making department of this corporation, and the regular
court and law days, shall be the Saturdays succeeding the days of regimental and general
muster, at such place as the commandant of the Brigade may direct, and said commandant
may at any time appoint a special court on a notice of ten days.
Sec 8 No member of this corporation shall be allowed to withdraw, except by permission
of the Court Martial, until he is exempt from military duty by the laws of the State: Provided, however, that they may at any time enlist into a company of Superior rank
under the laws of the corporation.
Sec 9 The Brigadier General shall be the presiding officer, and the Brigade inspector,
the recording officer, of this corporation , or any part thereof; and their official
signatures shall be considered sufficient evidence of the passage of any act by the
Court Martial or of the legality of any proclamation, general order, or certificate
for, or on behalf of, the Brigade; provided it is under seal of the corporation, which
seal shall be kept by said General for said purpose.
Sec 10. The Brigadier General may select his Staff, and a select guard of twelve choice
lancers
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who shall likewise be hisaidecamps, and rank with his staff, from any portion of the second Division of Illinois Militia, and any four from the first Division thereof.
Sec 11 The corporation shall organize by the election of its Brigadier General, by the
commissioned officers, on the third Monday in ^20th February.^ January, one thousand eight hundred & thirtynine, (1839,) at the Stone house of W. L. Wilmans, in Grayville, White county, Illinois; a due return of which election shall be made to the Mayor General of the second Division of Illinois Militia, and by him to the office of Adjutant General of State.
Sec 12 Every commissioned officer of this corporation shall take the following oath of
office: “I do solemnly affirm that I will support the constitution of the United States,
and of this State, and the act incorporating the “Invincible Dragoons” and that I will strictly obey
my superiors in office, and faithfully discharge the duties of , in the Invincible Dragoons of the second Division of Illinois Militia , according to the best of my skill and understanding, ^(^on the pains and penalties of perjury, so help me God, and keep me steadfast in this
my voluntary obligation:” which oath shall be endorsed on the commission and certified
by the officer administering the same.
Sec 13 This act shall take effect, and be in force, from and after its passage, any law
to the contrary notwithstanding.
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12
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32
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No 42
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H. R.
A Bill for “an act to Incorporate the Invincible Dragoons of the second division of Illinois Militia.[”]
A Bill for “an act to Incorporate the Invincible Dragoons of the second division of Illinois Militia.[”]
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12/18/1838
12/18/1838
2
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01/05/1839
01/05/1839
3
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01/04/1839
01/04/1839
Engrossed
Handwritten Document, 6 page(s), Folder 33, HB 42, GA Session 11-1, Illinois State Archives (Springfield, IL) ,