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. Williams, H. W. Davinport, J. B. Blackford, D. J. Williams, E. Kirney, R. Coulter, Z. Boltinghouse, A. Calvin, N. Davis, H. Hardin, S. J. Lindsay, T. J. Hauks, J. Charles, R. L. Boggs, G. W. Hoke, J. McCown, R. D. Walden, J. P. McKay, all commissioned officers of the second division 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 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.

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 enrolment, any person residing within 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 of the company: Provided, should the minority, or any of them, be unwilling to join said

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brigade, they shall not be obliged so to do;2 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, by entering into bond as by law required.

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 fourth 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 on the fourth of July; and the brigadier general the sum of twenty-five dollars; each colonel, aid-de-camp, and brigade major, fifteen dollars; lieutenant colonels or majors, ten dollars; captains, six dollars; lieutenants, four dollars; and every commissioned 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 of the peace in the county, and collected as other debts, by execution, subject, however, to an appeal to the circuit court: Provided, 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.3

Sec. 7. The court-martial shall compose a court of inquiry, 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

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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 purposes.

Sec. 10. The brigadier general may select his staff and a select guard of twelve choice lancers, who shall likewise be his aid-de-camps, 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 20th February, one thousand eight hundred and thirty-nine, at the stone house of W. L. Wilmans, in Graysville, White county, Illinois; a due return of which election shall be made to the major general of the second division of Illinois militia, and by him to the office of adjutant general of State.4

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 certificate 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.

Approved, February 6, 1839.