general of the state, at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements and ammunition of the several corps, and every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline; and the adjutant-general shall make a return of all the militia of the state to the commander-in-chief of the said state, and a duplicate of the same to the president of the United States. 8 May 1792. Ibid. 11. 10. And whereas sundry corps of artillery, cavalry and infantry now exist in several of the said states, which by the laws, customs or usages thereof have not been incorpo- Privileges of cer rated with or subject to the general regulations of the militia: Be it further enacted, tain corps preThat such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act, in like manner with the other militia. served. 2 Stat. 207. ral to make an 11. It shall be the duty of the adjutant-general of the militia in each state, to make 2 March 1803 3 1. return of the militia of the state to which he belongs, with their arms, accoutrements and ammunition, agreeably to the directions of the act to which this is an addition, to Adjutants-genethe president of the United States annually, on or before the first Monday in January nual returns. in each year. And it shall be the duty of the secretary of war, from time to time, to give such directions to the adjutant-generals of the militia, as shall, in his opinion, be necessary to produce an uniformity in the said returns; and he shall lay an abstract of the same before congress, on or before the first Monday of February, annually. arms. 12. Every citizen duly enrolled in the militia, shall be constantly provided with arms, Ibid. 2. accoutrements and ammunition, agreeably to the direction of the said act, from and Militia-men to be after he shall be duly notified of his enrolment. And any notice or warning to the citi- provided with zens so enrolled, to attend a company, battalion or regimental muster or training, which shall be according to the laws of the state in which it is given, for that purpose, shall be Notice. deemed a legal notice of his enrolment. 13. In addition to the officers provided for by the said act, there shall be, to the militia Ibid. 3. of each state one quartermaster-general, to each brigade one quartermaster of brigade, Additional staff and to each regiment one chaplain. officers. cers. 3 Stat. 134. duties. 3 Stat. 295. 14. In addition to the officers of the militia provided for by the act entitled "An act 18 April 1814 8 1. more effectually to provide for the national defence by establishing an uniform militia throughout the United States," approved May the 8th 1792, and by an act in addition to Additional offithe said recited act, approved March the 2d 1803, there shall be to each division, one division inspector, with the rank of lieutenant-colonel, and one division quartermaster, with the rank of major; to each brigade one aid-de-camp, with the rank of captain; and the quartermasters of brigade heretofore provided for by law, shall have the rank Their rank and of captain. And it shall be incumbent on the said officers to do and perform all the duties which, by law and military principles, are attached to their offices respectively. 15. Instead of one lieutenant-colonel commandant to each regiment, and one major to 20 April 1816 ? L each battalion of the militia, as is provided by the act entitled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," approved May the 8th 1792, there shall be one colonel, one lieutenantcolonel and one major to each regiment of the militia, consisting of two battalions: where there shall be only one battalion, it shall be commanded by a major: Provided, That nothing contained herein shall be construed to annul any commission in the militia which may be in force, as granted by authority of any state or territory, in pursuance of the act herein recited, and bearing date prior to the said first day of May next. 16. The system of discipline and field exercise which is and shall be ordered to be 12 May 1820 3 1 observed by the regular army of the United States, in the different corps of infantry, artillery and riflemen, shall also be observed by the militia, in the exercises and disci- System of displine of the said corps, respectively, throughout the United States. II. ACTUAL SERVICE. Field officers. 3 Stat. 577. cipline. 1 Stat. 424. Militia to be called out in case 17. Whenever (a) the United States shall be invaded, or be in imminent danger of 28 Feb. 1795 g 1. invasion from any foreign nation or Indian tribe, it shall be lawful for the president of the United States to call forth such number of the militia of the state or states most convenient to the place of danger or scene of action, as he may judge necessary to repel of invasion. such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper. And in case of an insurrection in any state against Or of insurre the government thereof, it shall be lawful for the president of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection. tion. 18. Whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary Ibid. 8 2 (a) The president is the exclusive and final judge, whether the exigency contemplated has arisen. Martin v. Mott, 12 Wh. 19 28 Feb. 1795. of the Union are forcibly obstructed. course of judicial proceedings, or by the powers vested in the marshals in this act, it Where the laws shall be lawful for the president of the United States to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of congress. Ibid. 2 3. President to 19. Whenever it may be necessary, in the judgment of the president, to use the military force hereby directed to be called forth, the president shall forthwith, by proclamaissue proclama- tion, command such insurgents to disperse and retire peaceably to their respective abodes, within a limited time. tion. the articles of Ibid. 24. 20. The militia employed in the service of the United States (a) shall be subject to the Whilst in service same rules and articles of war as the troops of the United States. (b) And no officer, to be subject to non-commissioned officer or private of the militia shall be compelled to serve more than three months, after his arrival at the place of rendezvous, in any one year; nor more Period of service. than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs. war. Ibid. 25. 21. Every officer, non-commissioned officer or private of the militia who shall fail to obey Penalty for dis- the orders of the president of the United States, in any of the cases before recited, shall obeying orders of forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be deterpresident. mined and adjudged by a court martial. (c) And such officer shall, moreover, be liable to be cashiered by sentence of a court martial, and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court. And such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every five dollars of such fine. Ibid. 26. Finee, how levied. Ibid. 28. Duties of marshals. Ibid. 29. Their powers. Ibid. 10. Repeal. 20 April 1818 3 Stat. 444. 1. marching to rendezvous to be paid. 22. Courts martial for the trial of militia shall be composed of militia officers only. 23. All fines to be assessed as aforesaid shall be certified by the presiding officer of the court martial before whom the same shall be assessed, to the marshal of the district in which the delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal or his deputy shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattels of the delinquent; which costs, and the manner of proceeding with respect to the sale of the goods distrained, shall be agreeable to the laws of the state, in which the same shall be, in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found whereof to levy the said fines, the marshal of the district or his deputy may commit such delinquent to jail during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed. 24. The marshals and their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum as a compensation for their trouble; and, in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognisance thereof; to be sued for, prosecuted and recovered in the name of the supervisor of the district, with interest and costs. 25. The marshals of the several districts, and their deputies, shall have the same powers in executing the laws of the United States as sheriffs and their deputies, in the several states, have, by law, in executing the laws of the respective states. 26. The act, entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions," passed the 2d day of May 1792, shall be and the same is hereby repealed. 27. The expenses incurred, or to be incurred, by marching the militia of any state or territory of the United States to their places of rendezvous, in pursuance of a requisition How expenses in of the president of the United States, or which shall have been, or may be, incurred in cases of calls made by the authority of any state or territory, which shall have been, or may be, approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such places of rendezvous, on the requisition of the presi dent of the United States: Provided, That nothing herein contained shall be considered as authorizing any species of expenditure, previous to arriving at the place of rendezvous, (a) Those who disobey the requisition are not employed in the service, so as to be liable to the articles of war; but they are liable to be tried by a court martial under 2 5. Houston v. Moore, 5 Wh. 1. s. c., 3 S. & R. 169. (b) See tit. "Army," 270. of the United States. Commonwealth v. Irish, 3 S. & R. 176, n. 8. c., 5 Hall, L. J. 476. Meade v. Deputy Marshal of Virginia Dis trict, 1 Brock. 324. 8. C., 5 Hall, L. J. 536. But the states may pass laws providing for the trial of such delinquents by court martial. Houston v. Moore, 5 Wh. 1. s. c., 3 S. & R. 169. Martin (c) Such court martial must be constituted under the authority v. Mott, 12 Wh. 19. which is not provided by existing laws to be paid for after their arrival at such place 20 April 1818. of rendezvous. (a) 5 Stat. 7. 28. The officers, non-commissioned officers, musicians, artificers and privates, of volun- 19 March 1836 §1. teer and militia corps, who have been in the service of the United States, at any time since the first day of November, in the year of our Lord 1835, or may hereafter be in the Pay, rations and clothing. service of the United States, shall be entitled to and receive the same monthly pay,(b) rations, clothing or money in lieu thereof, and forage, and be furnished with the same camp equipage, including knapsacks, as are or may be provided by law for the officers, musicians, artificers and privates of the infantry of the army of the United States. 29. The officers of all mounted companies (c) who have been in, or may hereafter be in, the service of the United States, shall each be entitled to receive forage, or money in lieu thereof, for two horses, when they actually keep private servants, and for one horse when without private servants; and that forty cents per day be allowed for the use and risk of each horse, except horses killed in battle or dying of wounds received in battle. That each non-commissioned officer, musician, artificer and private of all mounted companies, shall be entitled to receive forage in kind for one horse, with forty cents per day for the use and risk thereof, except horses killed in battle, or dying of wounds received in battle; and twenty-five cents per day in lieu of forage and subsistence, when the same shall be furnished by himself, or twelve and a half cents per day for either, as the case may be. Ibid. 2. Forage. Ibid. 23. Expenses of 30. The officers, non-commissioned officers, musicians, artificers and privates, shall be entitled to one day's pay, subsistence and other allowances, for every twenty miles' travel from their places of residence to the place of general rendezvous, and from the travel. place of discharge back to their residence. Tbid. 24. 31. The volunteers or militia, who have been or who may be received into the service of the United States, to suppress Indian depredations in Florida, shall be entitled to all Pensions to milithe benefits which are conferred on persons wounded or otherwise disabled in the service tia employed in of the United States. Florida. Ibid. 25. 32. When any officer, non-commissioned officer, artificer or private of said militia or volunteer corps, who shall die in the service of the United States, or returning to his Pensions to place of residence after being mustered out of service, or at any time in consequence of widows, &c. wounds received in service, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half-pay for the remainder of the time shall go to the child or children of said decedent: Provided always, That the secretary of war shall adopt such forms of evidence, in applications under this act, as the president of the United States may prescribe. Ibid. 26. 33. The volunteers and militia mentioned in the foregoing provisions of this act, called into service before its passage, and who are directed to be paid, shall embrace those only who included in ordered into service by the commanding general or governors of states and of the terri- these provisions. tory of Florida, under authority from the war department, for repressing the hostilities of the Florida Indians. 9 Stat. 18. 34. The allowance for clothing to each non-commissioned officer, musician and private 18 June 1846 § 9. of volunteers, shall be three dollars and fifty cents per month, during the time he shall be in the service of the United States. Ibid. 10. 35. The non-commissioned officers, musicians and privates of volunteers and militia, when called into the service of the United States, shall be entitled to receive fifty cents, Subsistence and in lieu of subsistence, and twenty-five cents in lieu of forage for such as are mounted, for forage. every twenty miles, by the most direct route, from the period of leaving their homes to the place of general rendezvous, and from the place of discharge back to their homes. (d) 36. When volunteers or militia are called into the service of the United States in such Ibid. 3 5. termasters, com numbers that the officers of the quartermaster, commissary and medical departments, Appointment of authorized by law, be not sufficient to provide for supplying, quartering, transporting additional quar and furnishing them with the requisite medical attendance, it shall be lawful for the missaries and president to appoint, with the advice and consent of the senate, as many additional offi- surgeons. cers of said departments as the service may require, not exceeding one quartermaster and one commissary for each brigade with the rank of major, and one assistant quartermaster with the rank of captain, one assistant commissary with the rank of captain, one surgeon and one assistant surgeon for each regiment; the said quartermasters and commissaries, assistant quartermasters and assistant commissaries, to give bonds with good (a) See 3 Opin. 528. (b) This gives to captains the additional compensation of $10 per month, allowed by act 2 March 1827, (4 Stat. 227) for their duties and responsibilities in respect to the clothing, arms and accoutrements of their companies. 3 Opin. 136. (c) This does not include regimental officers. 3 Opin. 566. (a) See 5 Opin. 516. 18 June 1846. and sufficient sureties for the faithful performance of their duties; and they and the said surgeons and assistant surgeons to perform such duties as the president shall direct: Provided, That the said officers shall be allowed the same pay and emoluments as are now allowed to officers of the same descriptions and grades in those departments, respectively; that they be subject to the rules and articles of war; and continue in service only so long as their services shall be required in connexion with the militia and volun II. EXECUTIVE AUTHORITY. 2. Governor, his powers and duties. 3. Secretary of the territory. When to act as governor. III. LEGISLATIVE POWER. 12. Judicial districts. 13. Judges may hold court in the several counties. 14. Reservations for schools. 15. Sauk river district. 16. Register and receiver. 17. School lands in place of fractions, &c. How selected. 4. Legislative assembly. Number. Apportionment. Residence. Minneapolis district. Sauk river district enlarged. New election, in case of a tie. Sessions. 5. Qualifications of electors. 19. Pre-emption law extended to lands whether surveyed or not. 20. Act of 1854 to include islands west of the middle of the 6. Extent of legislative power. Restrictions. Laws to be sub- Mississippi. mitted to congress. 7. Appointment of officers. 8. Disqualifications of members. 9. Mode of passing bills. IV. JUDICIARY. 10. Supreme court. District courts. Jurisdiction. Justices of the peace. Equity. Clerks. Errors and appeals. Jurisdiction of supreme court of the United States. Circuit court powers. Trial of federal causes. Fees of clerks. 11. District attorney. Marshal. 8 March 1849 1. 9 Stat. 403. nesota. Boundaries. VI. COLLECTION DISTRICTS. I. TERRITORIAL GOVERNMENT. (a) 1. That from and after the passage of this act, all that part of the territory of the United States which lies within the following limits, to wit: beginning in the Missis Territory of Min- sippi river, at the point where the line of forty-three degrees and thirty minutes of north latitude crosses the same; thence, running due west on said line, which is the northern boundary of the state of Iowa, to the north-west corner of the said state of Iowa; thence, southerly along the western boundary of said state to the point where said boundary strikes the Missouri river; thence, up the middle of the main channel of the Missouri river to the mouth of the White-earth river; thence, up the middle of the main channel of the White-earth river to the boundary line between the possessions of the United States and Great Britain; thence, east and south of east, along the boundary line between the possessions of the United States and Great Britain, to Lake Superior; thence, in a straight line to the northernmost point of the state of Wisconsin in Lake Superior; thence, along the western boundary line of said state of Wisconsin to the Mis sissippi river; thence, down the main channel of said river to the place of beginning; be and the same is hereby erected into a temporary government by the name of the May be divided, territory of Minnesota: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said territory into two or more territories, in such manner and at such times as congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States. or attached to other territories or states. 9 March 1849 22. 9 Stat. 404. Governor, his powers and duties. Ibid. 2 3. Secretary of the territory. II. EXECUTIVE AUTHORITY. 2. The executive power and authority in and over said territory of Minnesota shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States. The governor shall reside within said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs; he may grant pardons for offences against the laws of said territory, and reprieves for offences against the laws of the United States until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed. 3. There shall be a secretary of said territory, who shall reside therein, and hold his office for four years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive (a) By act 26 February 1857, the people of the territory of Min- ment preparatory to their admittance into the Union. 11 Stat nesota were authorized to form a constitution and state govern- 166. department; he shall transmit one copy of the laws and one copy of the executive pro- 3 March 1849. ceedings, on or before the first day of December in each year, to the president of the United States, and at the same time, two copies of the laws to the speaker of the house of representatives, and the president of the senate, for the use of congress. And in When to act as case of the death, removal, resignation or necessary absence of the governor from the governor. territory, the secretary shall be and he is hereby authorized and required to execute and perform all the powers and duties of the governor, during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.(a) III. LEGISLATIVE POWER. 9 Stat. 404. 4. The legislative power and authority of said territory shall be vested in the governor 3 March 1849 2 4. and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, having the quali- Legislative assembly. fications of voters, as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall, at its first session, consist of eighteen membors, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of councillors and representatives may be increased by the legislative assembly, from time to time, in proportion to the increase of population: Provided, That the whole number shall never exceed fif- Number. teen councillors and thirty-nine representatives. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of Apportionment. the council and representatives, giving to each section of the territory representation in the ratio of its population, (Indians excepted) as nearly as may be. And the members Residence. of the council and of the house of representatives shall reside in, and be inhabitants of, the district for which they may be elected respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the territory to be taken, and the first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and he shall, at the same time, declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected having the highest number of votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be duly elected members of the house of representatives: New election, in Provided, That in case of a tie between two or more persons voted for, the governor shall case of a tie. order a new election to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter the time, place and manner of holding and conduct- Sessions. ing all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term cf sixty days. Ibid. 25. 5. Every free white male inhabitant above the age of twenty-one years, who shall have been a resident of said territory at the time of the passage of this act, shall be qualifications of entitled to vote at the first election, and shall be eligible to any office within the said electors. territory; but the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared, on oath, their intention to become such, and shall have taken an oath to support the constitution of the United States and the provisions of this act. Ibid. 26. 6. The legislative power of the territory shall extend to all rightful subjects of legislation, consistent with the constitution of the United States and the provisions of this Extent of legisact; but no law shall be passed interfering with the primary disposal of the soil; no lative power. tax shall be imposed upon the property of the United States; nor shall the lands or other Restrictions. property of non-residents be taxed higher than the lands or other property of residents. Laws to be subAll the laws passed by the legislative assembly and governor shall be submitted to the congress of the United States, and, if disapproved, shall be null and of no effect. mitted to congress. Ibid. 27. 7. All township, district and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Appointment of governor and legislative assembly of the territory of Minnesota. The governor shall officers. (a) During the time he performs the duties of governor, he is not entitled to claim the salary of governer, in addition to that of secretary. United States v. Smith, 5 Am. J. R. 269. |