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Full text of "Laws of the state of Illinois, passed by the Twenty-second General Assembly, at its extraordinary session, convened April 23, 1861"



OF THE 



STATE OF ILLINOIS, 



PASSED BY THE 



TWENTY-SECOND GENERAL ASSEMBLY, 



AT ITS 



EXTRAORDINARY SESSION, 



CONVENED APRIL 23, 1861. 



SPRINGFIELD : 

BAILIIACHE & BAKER, PRINTERS. 
1861. 



TABLE OF CONTENTS 



An act to organize six regiments of volunteers from the stato of Illinois, and to provide for the election 

of r- gimemal officers and of a brigadier general 5 

An act confirming the election of officers in the volunteer militia of the s ate of Illinois 7 

An act making compensation to the board of medical examiners . 7 

An act to protect the transpor a'ion of troops, provisions and munitions of war in tbtos' ate 8 

An ac making partial appropriations to meet i he expenses of the present general assembly 

An ac to es ablish a magazine, to purchaj-e efficient arms for the state militia, and for other purposes.. ... 10 

An act. to provide for the appointment of chaplains for the Illinois militia, when in actual service 12 

An act. to pay discharged volunteers 13 

An act to prepare the state of Illinois to protect its own territory, repel invasion, and render efficient 

and prompt assistance to the United States, if demanded 13 

An act making appropriations for the general and contingent expenses of the special session of the gene- 
ral assembly 15 

An ac to amend chapter seventy, Revised Statutes, entitled " Militia" 17 

An ac to provide tor extraordinary expenditures in the executive department 19 

An aot to prevent the use of telegraphs for illegal and revolutionary purposes 21 

An act creating a war fund, and to provide for auditing all accounts and disbursements arising under the 

call for volunteers , 22 

An act o encourage the formation and equipment of volunteer companies 24 

An act to empower guardians and the board of guardians of the Chicago Reform School, and all other 
persons holding similar relations to minors, to consent to the enlistment of wards and those committed 
to their care, within the age of twenty-one years, to enlist either as volunteers or in the regular army of 

theUnitedStates . ... 25 

An act for the relief of George W. Todd 25 

An act for the relief of the volun'eer soidiers of this state 26 

An act. to, prevent rendering aid to rebels 26 

An act to provide for the raising of a regiment of cavalry '. 27 

An net for the publication of the laws of this session of the general assembly 2S 

JOINT RESOLUTIONS: 

Joint resolution relative to the purchase of a flag for the state house 30 

Joint resolution relative 'o the printing of the last session 30 

Joint resolution concerning newspapers. 30 

Joint resolution in regard to postage and stationer}' 30 

Join' resolution concerning the state of the Union 31 

Joint resolution of thanks to Captain James II. S okes * ■ * 31 



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LAWS OF ILLINOIS. 



AN ACT to organize six regiments of Volunteers from the State of Illinois, In force April 26, 
and to provide for the election of Regimental Officers and of a Brigadier 1S 61- 

General. 

Section 1. Be it enacted or/ the People of the State of 
Illinois, rejyresented in [the] General Assembly, That the Numbers of regi- 
governor of this state be and he is hereby authorized and ments ' 
required to proceed, immediately, to organize the volunteer 
companies accepted by him under the call of the president 
of the United States, into six regiments, of ten companies 
each; which regiments, in token of respect to the Illinois 
regiments in Mexico, shall be numbered seven, eight, nine, 
ten, eleven and twelve. 

§ 2. As soon as practicable, after the passage of this act, Election of re B i- 
the adjutant general shall issue orders to the commanding mclltal olllcers - 
officers of companies in each of said six regiments, com- 
manding them, within twenty-four hours after the reception 
of such orders, to hold an election for one colonel, one lieu- 
tenant colonel and one major for each of said regiments. 
The polls of such election shall be held at the company 
head-quarters, shall be opened at nine a.m. and remain open 
until three p. m. The election shall be presided over by the 
captain or commanding officer of the company, who shall 
call to his assistance one of the lieutenants. The poll list 
shall be kept by the orderly sergeant or such other non- 
commissioned officer as, in his absence or inability, the 
commanding officer may designate. 

§ 3. At the close of the polls the officers holding the Poii list, 
same shall make out a true copy, certified as such, on oath, 
and return the same, immediately, to the adjutant general's 
office, by mail, if the company is on detached duty, and by 
one of the officers if the election is held at Camp Yates. 
And the captain or commanding officer of the company 
shall carefully preserve the original poll list until. demand- 
ed by the colonel elected, when it shall be entered on the 
regimental books. 

§ 4. The adjutant general, in the presence of the gov- s ^?°j^f g of com " 
ernor and secretary of state, shall open and examine such 



1861. 6 

returns by regiments ; and the persons receiving the high- 
est number of votes for each of the above officers in each 
regiment shall be declared duly elected, and shall, upon 
taking the proper oath of office, be immediately commis- 
sioned by this governor, and enter upon the duties of his 
office— the seniority of commission to be decided and fixed 
by the governor. 

staff. § 5. Each colonel, when commissioned, shall appoint 

his regimental staff — one adjutant, with the rank of lieuten- 
ant; one regimental quartermaster, with the rank of lieu- 
tenant; one surgeon, one assistant surgeon, one sergeant 
major, one quartermaster sergeant, one drum major, one 
Hie major. 

surgeons. § 6. Surgeons and assistant surgeons shall only be per- 

manently appointed from those who have passed examina- 
tion before a medical board. But if any portion of the 
troops shall be ordered into active service before the session 
of said board the governor may temporarily assign surgeons 
or assistant surgeons until permanent appointments are 
made. 

Medical board. § 7. The medical board shall consist of five physicians 
and surgeons, to-wit: Drs. N. S. Davis, of Chicago; 
Charles Ryan, of Sangamon county ; George W. Stipp, of 
McLean county ; William Chambers, of Coles county, and 
Dr. Carpenter, of St. Clair county ; any three of whom shall 
constitute a quorum. They shall assemble, as speedily as 
possible, at Springfield, and shall carefully examine all can- 
didates for the commission of surgeon or assistant surgeon. 
If satisfied with the ability of candidates they shall give a 
certificate of competency for either office, as they may de- 
termine, which shall entitle the candidates to hold the office 
of surgeon or assistant surgeon, if appointed 

Brigade, § 8. As soon as the six regiments, above mentioned, 

shall be organized, by the election and commissioning of 
their regimental officers, the governor shall issue orders for 
the election of a brigadier general, to command the brigade, 
which shall be known as the " First Brigade Illinois Volun- 
teers," and be composed of said six regiments. 

Brigadier general § $. Three days' notice, from the date of said order, 
shall be given by the governor, and in such notice he shall 
fix the time of holding said election. Said election si ; a ! 1 be 
held by the colonel or officer in actual command of each 
regiment at regimental headquarters. If, however, on the 
day appointed for said election any portion of any of the 
regiments shall be detached from regimental headquarters, 
such election shall be held by the senior officer present, 
and a sworn return of votes cast immediately forwarded to 
the commanding officer of the regiment. The colonel or 
officer commanding shall detail to assist him in holding said 
election, two captains of his regiment; and after the polls 
are closed shall canvass the vote of his regiment and return 



1861. 



a true statement thereof to the adjutant general, verified by 
his oath. The adjutant general, as soon as returns are re- 
ceived from the said six regiments, shall open and examine 
the same, in the presence of the governor and secretary of 
state. The person receiving the highest number of votes at 
said election shall be declared elected brigadier general, 
and, when qualified, by taking the proper oath, shall be 
commissioned and enter on the duties of his office. 

$ 10. At all elections for company and regimental offi- Q«aiificaUoi 

3 n i ,i ,i i. */ o # -in voters. 

cers every enrolled man oi the company or regiment shall 
be entitled to vote, and none others. At the election for 
brigadier general all commissioned officers shall be entitled 
to vote, and none others. All elections shall be by written 
or printed ballot. 

§ 11. The provisions of this act shall only apply to the 
six regiments above named. 

This act to take effect and be in force from and after its 
passage. 

Approved, April 25, 1861. 



AN ACT confirming the election of officers in the Volunteer Militia of the In force April 29, 

State of Illinois. 1SG1 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all 
elections heretofore held, on April 25th, a.d. 1861, in any 
regiment of the Illinois volunteer militia, called into service 
under the proclamation of the president of the United 
States, for colonel, lieutenant-colonel, major, or any other 
officer of said militia, shall be and are hereby declared good 
and valid, without any reference to any law prescribing the 
mode of such election. 

§ 2. This act shall be a pub4ic act, and shall be in force 
from and after its passage. 

Approved April 29, 1861. 



AN ACT making compensation to the Board of Medical Examiners. i n f orce May 1, 

1SG1 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
sum of eight dollars per day, with one-half the mileage Rat2 ofpay. 
allowed by law to members of the general assembly, be 
and the same is hereby appropriated and shall be paid to 



1861. 



each of the members of the medical examiners appointed 
by the act of tins special session of the general assembly 
The time and mileage for which compensation is hereby 
allowed shall be certified by the president or chairman of 
said board; and, upon presentation of said certificate to the 
auditor, he shall draw his warrant upon the revenue fund 
for the amount so certified as due each member of the said 
board of medical examiners, to be paid by the state treas- 
urer, out of the revenue fund in the treasury. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved May 1, 1861. 



In force May 1, AN" ACT to protect the transportation of troops, provisions and munitions of 
1861 - war in this State. 



Interruption 
ti ains. 



Whekeas the free, uninterrupted and safe use of the rail- 
roads of this State is essentially necessary for the trans- 
portation of troops, provisions and munitions of war, for 
the use of this state and of the United States, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That if any 
Destruction of two or more persons shall conspire or combine to break 
railroad proper- ( j 0W]Dj £ a ke up, injure or destroy any railroad track or rail- 
road bridge, or to burn or destroy any engine, engine house, 
car house, machine shop, or any other building or machinery 
necessary to the free use of any railroad, every such person 
shall be guilty of a high misdemeanor, and shall, on convic- 
tion, be punished, by imprisonment in the penitentiary not 
less than two nor more than five years, 
of § 2. If any two or more persons shall attempt to prevent 
the passage of any railroad train, carrying any provisions, 
troops or munitions of war, for the use or in the employment 
of this state or of the United States, by any violence or 
offer of violence, or shall assemble themselves together for 
that purpose, or if any person shall induce, entice or per- 
suade, or attempt to induce, entice or persuade any other 
person to do so, such persons and each of them shall, on 
conviction, be liable to be confined in the penitentiary for a 
period not less than one nor more than ten years.. 
of § 3. Any person or persons who shall make any attempt, 
although the same may not succeed, to place obstructions on 
any railroad track, to burn, blow up or destroy any railroad 
bridge, or in any other way prevent the free and safe pass- 
age of trains on any railroad, such person or persons, on con- 
viction thereof, shall be confined in the penitentiary of this 
state not less than six months nor more than five years. 



Obstruction 
railroads. 



9 1861. 

§ 4. Any person who shall hire, persuade or induce, ^^Ttc ° f 
attempt to hire, induce or persuade any person or persons to 
burn or in any way injure or destroy any railroad bridge, to 
take up, injure or destroy any railroad track, or any machine 
shop, engine house, car house, engine or car, or other ma- 
chinery or property necessary for the operation of any rail- 
road, shall, on conviction thereof, be punished, by confine- 
ment in the penitentiary not less than six months nor more 
than two years. 

§ 5. It shall be the duty of all officers, civil and military, Manner of arrest. 
of this state, and of all residents of this state, to arrest all 
persons who shall commit or attempt to commit any of the 
foregoing offenses ; and they are authorized to use whatever 
force or violence may be necessary to prevent the commission 
of any such offense, or to arrest the offender or prevent his 
escape. 

§ 6, This act shall be in force from and after its passage. 

Approved May 1, 1861. 



AN" ACT making partial appropriations to meet the expenses of the present in force May 2, 

General Assembly. 1S61. 

[Section 1.] Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the sum postage, etc. 
of not exceeding one thousand dollars is hereby appropria- 
ted to procure stamps for letters, papers and documents of 
members of this general assembly, to be paid out of any 
money in the treasury not otherwise appropriated. 

§ 2. It shall be the duty "of the auditor of public accounts 
to issue his wanants on the treasury, from time to time, as 
said stamps may be needed, and for the treasurer to pay the 
amount of said warrants to the postmasters of the senate 
and house of representatives, who shall divide the same 
equally among the members of this general assembly for 
the purposes required by this act. 

§ 3. There shall be allowed and paid out of the revenue pay of senate of- 
fund, on the certificate of the speaker of the senate to John ficers " 
Westerman, porter of the senate, three dollars per day ; to 
D. C. Hoyt, in charge of committee rooms of the senate, 
three dollars per day ; to John Keefner, police, three dollars 
per day ; to J. Tappot, mail messenger for the senate, three 
dollars per day. And the auditor of public accounts is here- 
by directed to draw his warrant on the treasurer, on the cer- 
tificate of the speaker of the senate, for the amounts so cer- 
tified. 

§ 4. This act shall be in force from its passage, 

Approved May 2, 1861. 
—2 



1861. 



10 



for infantry. 



Arms for cavalry 



In force May 2, AN ACT to establish a magazine, to purchase efficient arms for the State 

Militia, and for other purposes. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the gov- 

purchase of arms ernor of this state be and he is hereby authorized and re- 
quired, as soon as the necessary funds can be obtained, to 
purchase, or procure from the United States, for the use of 
the state of Illinois, not more than twenty thousand stand of 
rifles or rifle muskets, of the most approved construction, 
suitable, in every respect, to the use and for the instruction 
of the volunteer militia of this state, together with all the 
necessary cartridge boxes, cap boxes, belts, plates, bullet 
moulds, and other appendages belonging to said arms ; ap- 
proaching, as nearly as possible, to the same class of arms, 
according to the latest improvements, in the service of the 
United States ; and which, if obtained from private sources, 
shall be subjected to the same tests of efficiency as are used 
in the service of the United States. 

§ 2. That the said governor be also authorized and di- 
rected to purchase, or procure from the United States, for 
the use of the state cavalry, sabres, pistols and carbines, and 
the necessary holsters, belts and hangings therefor, corres- 
ponding, in every respect, so far as may be, to the like arms 
and appendages used in the service of the United States ; 
and the efficiency of which shall be tested as in said service, 
sufficient to arm one thousand cavalry. 

Artniery service. § 3. That the said governor be also authorized and di- 
rected to purchase, or procure from the United States, for 
the use of the state, a full equipment for three companies of 
light artillery, complete, for active service, corresponding, in 
every respect, as far as may be, with the arms and equipage 
of that service in the United States army, and of the newest 
and most approved style and finish in that service. 

§ 4. That the said governor be also authorized and di- 
rected to purchase, or procure from the United States, for 
the use of the state, tents and camp equipage, sufficient for 
the accommodation of five thousand men, according to the 
newest and most approved patterns in use in the army of 
the United States. 

§ 5. That there shall be built, at some suitable place, a 
fire-proof magazine or magazines, capable of holding fifty 
thousand pounds of powder, or its equivalent in ammunition 
put up and prepared for use. 

§ 6. The said governor is hereby authorized to cause to 
be prepared and safely stored, ammunition, at the rate of 
one hundred rounds for each arm so directed to be purchased. 

Engineer-in-chief § 7. The charge and duty of superintending the care of 
said arms and the preparation of such ammunition, and the 
general superintendence of the arsenal and grounds, and the 
immediate command of the men employed therein, is vested 



Camp equippage. 



Magazine. 



11 1861. 

in the engineer-in-chief, to be appointed by the governor, as 
a member of his staff, with the rank of colonel of artillery. 

§ 8. The present armory, owned by the state, may, un- Armoi x 
til otherwise directed by law, be nsed as a place of temporary 
deposit of arms and other munitions belonging to the state, 
or in the custody of the state. 

§ 9. For the purposes above mentioned there is hereby Appropriation. 
appropriated a sum not exceeding five hundred thousand 
dollars, to be drawn by warrant of the auditor upon the 
treasurer, and to be paid out of such funds as may be raised 
by this state for military purposes by law. 

$ 10. The governor shall appoint, by and with the ad- commissioners to 

, o o rJr ) J "^ purchase arms. 

vice and consent of the senate, one or more, but not to ex- 
ceed three commissioners, who shall be authorized, in the 
name of the state, to enter into contracts for the purchase of 
the several arms, munitions and equipments aforesaid, or 
such portion of them as the governor shall direct, which con- 
tracts shall be in writing, and, when approved by the gov- 
ernor, shall be binding on the state, for the purchase of the 
several articles therein named ; which contracts, or a copy 
thereof duly certified, shall be deposited with the auditor : 
Provided, no payment shall be made thereon until said arms, 
munitions and equipments are delivered to and received by 
the quartermaster general and certified by him to corres- 
pond in quantity and quality with the contract. 

§ 11. Upon the receipt of any portion of the articles Mode of payment. 
above contracted for, the quartermaster general shall furnish 
to the governor his receipt, detailing specifically what have 
been received by him and the contract price therefor; and 
the governor shall thereupon give a written order to the 
auditor to pay for the same eighty per cent, of the contract 
price, the state reserving the other twenty per cent, until the 
contract be completed. If the contract shall be fully com- 
pleted, then the residue remaining unpaid shall be paid to 
the contractor by the state. If not fully and completely 
performed, the said twenty per cent, shall be forfeited by 
the contractor to the state. 

§ 12. Any commissioner appointed by this act who shall 
receive any benefit or advantage directly or indirectly from 
the contracts made by him shall be deemed guilty of em- 
bezzlement, and be punished, on conviction, by confinement 
in the penitentiary for one year and fine to three times the 
amount so by him received. 

§ 13. The commissioners appointed to purchase arms Pay of coinnL- 
and equipage shall be paid each five hundred dollars and S10ners - 
no more. 

§ 14. The governor is hereby vested with discretion as 
to the purchase of arms and equipments for the cavalry and 
artillery, and shall not contract for any larger amount of 
such arms than in his judgment the military necessities of 
the state demand. 



1861. 12 

official bonds. g 15. The commissioners appointed under section ten of 
this act, before they enter upon their duties, shall each give 
a separate bond with sufficient security, to be approved by 
the governor, in the sum of fifty thousand dollars, payable 
to the people of the state of Illinois, conditioned for a faith- 
ful discharge of their duties, and shall each take an oath 
faithfully to execute their trust and account for all sums of 
money entrusted to their care. 

§ 16. The commissioners aforesaid shall publish an ad- 
vertisement for twenty days in some newspaper printed in 
each of the cities of New York, Boston, Philadelphia, Hart- 
ford, Cincinnati, Springfield and Chicago, inviting sealed 
proposals, conforming to the provisions of this law, and shall 
let the contract for such arms to the lowest and most re- 
sponsible bidder, subject, however, to all the tests of effi- 
ciency hereinbefore mentioned and provided. 

Repair of arsenal. § 17. The governor is hereby authorized to cause the 
present arsenal, in this city, to be repaired in such manner 
as may be necessary for the safe keeping of the arms and 
equipments provided for in this act, and for that purpose, a 
sum not exceeding two thousand dollars is hereby appro- 
priated. 

§ 18. This act to take effect and be in force from and 
after its passage. 

Approved May 2, 1861. 



In force _ May 2, AN ACT to provide for the appointment of Chaplains for the Illinois Militia, 
1861 • when in actual service. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That each 

Appointment by colonel of the six regiments of volunteer militia of this state, 

colonels. called into service under the order of the governor, issued 

on the 16th of April, 1861, and each colonel of such other 

regiments of Illinois militia, as may hereafter be called into 

actual service, is hereby authorized and required to appoint 

some minister of the gospel resident in this state, to act as 

chaplain for the regiment commanded by said colonel. 

Pa of cha.iain* § ^* Each chaplain appointed under this act shall be al- 

' lowed one hundred dollars per month for each month he 

may be in actual attendance upon the regiment to which he 

may be attached. The time of said service to be certified 

by the colonel of the regiment to which said chaplain may 

be appointed, and paid for out of the treasury of the state : 

Provided, that said chaplains shall not be paid out of the 

state treasury, if provision for their compensation shall be 

made by the United States. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved May 2, 1861. 



13 1861. 

AN ACT to pay discharged volunteers. Iu for g 61 May 2 ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That each and Amount of pay. 
every member of a company or companies which, in obedi- 
ence to the orders of the governor of this state, have report- 
ed for active duty, either at Springfield or Cairo, and have 
not been mustered and received into the service of the Uni- 
ted States, in said companies or others, shall be paid, from 
the treasury. of the state of Illinois, one month's pay, at the 
rates allowed by the United States. 

§ 2. The commanding officers of such companies shall Muster rol! - 
furnish to the adjutant general a full and accurate muster 
roll of the men entitled to pay, under this act, certified un- 
der oath by them to be corroct ; a copy of which, approved 
by the adjutant general, shall be filed with the auditor as the 
pay roll under this act, on which the auditor shall issue war- 
rants, to each person therein named, for the sum reported 
by the adjutant general to be due. 

§ 3. If any persons, contemplated under the provisions Forming of regi- 

e i • i 1 1 i /» -i • • i* ' merits. 

oi this act, shall be formed into a regiment or part of a regi- 
ment, under the provisions of the act of this general assembly, 
entitled "An act to prepare the state of Illinois to protect its 
own territory, repel invasion, and render efficient and 
prompt assistance to the United States, if demanded," and 
shall receive pay under this act, such sum, so paid them, 
shall apply and be credited upon the pay and allowances, 
under the latter named act. 

§ 4. The necessary muster rolls and vouchers shall be vouchers. 
prepared and filed, by the adjutant general, with the au- 
ditor, within thirty days from the passage of this act. 

§ 5. The pay, provided for by this act, shall be charged 
to account of the fund to be raised by loan, under act of this 
general assembly. 

§ 6. This act to take effect and be in force from and 
after its passage. 

Approved May 2, 1861. 



AN ACT to prepare the State of Illinois to protect its own territory, repel in- In force May 2, 
vasion, and render efficient and prompt assistance to the United States, if 
demanded. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the G-eneral Assembly, That the go- Acceptance often 
vernor of this state be and he is hereby authorized and em- regiments - 
powered to accept the services of ten regiments of infantry 
and one battalion of light artillery, for the service of the 
state of Illinois. 



1861. 



14 



Formation of re- 
giments. 



Muster rolls. 



Uniform and e- 
quipments. 



Encampment. 



§ 2. That a regiment of infantry shall consist of ten com- 
panies, and shall be officered in manner as shall be provided 
by the general militia law of this state. Each company 
shall consist of not less than sixty-four privates nor more 
than one hundred. The battalion of light artillery shall 
consist of four companies, and shall be officered and equip- 
ped in accordance with the general regulations of the army 
as to that branch of the service, and commanded by a major, 
to be elected by the officers, noncommissioned officers and 
privates of the battalion. Each company shall consist of 
not less than forty nor more than one hundred men, and 
shall be provided with such commissioned and noncommis- 
sioned officers as the laws and general regulations of the 
United States army direct. 

§ 3. The regiments hereby called for and allowed to be 
received shall be raised by voluntary enlistment, by compa- 
nies, as follows, to wit : one regiment of the volunteer com- 
panies now in the city of Springfield, and one regiment 
from each of the nine congressional districts heretofore es- 
tal »lished in this state ; and shall be organized int© regi- 
ments, according to the convenience of their localities, by 
the proper staff officers, under the orders of the governor. 

§ 1. All persons voluntarily enlisting in said regiments 
or battalion, shall, before being tendered or accepted as a 
company or in regiments, make up their muster roll by 
companies, and shall severally pledge themselves to obey all 
legal orders of their superior officers, to maintain the con- 
stitution and laws of the United States and of this state, 
and, if called upon by the United States, to tender their 
services according to their organization under the laws of 
this state. 

§ 5. The regiments and battalion aforesaid shall equip 
themselves with a proper uniform, according to the general 
regulations to be issued by this state. As soon as arms can 
be provided they shall be put into encampments by regi- 
ments, at their regimental head quarters, within the con- 
gressional district in which they are raised, and shall be held 
in camp for the space of thirty days, for the purposes of in- 
struction and discipline, unless sooner demanded by the 
United States for actual service. 

§ 6. For and during said thirty days of encampment du- 
ty, the said troops shall receive pay and subsistence at the 
rate allowed to privates, musicians, noncommissioned officers 
and commissioned officers by the laws and regulations of the 
United States in relation to the same character of arms. 

§ 7. In case of the existence, at any time, of any of the 
causes defined in the constitution ot this state, the governor 
shall have power and he is hereby required to use, for the 
public defense, as therein provided, any or all of the troops 
hereby provided under the constitutional provisions afore- 
said. 



15 1861. 

§ 8. The governor is authorized and required, by his pro- Discipline and or- 
per staff officers, to make all necessary rules and regulations sanation, 
for preparing the troops and disciplining and instructing the 
men, providing for their maintenance and support while in 
camp, distributing arms and ammunition, and otherwise 
perfecting the military organization and efficiency of the 
troops received into camp, as aforesaid. 

§ 9. The sum of one million dollars, or so much thereof Appropriation, 
as shall be needed, is hereby appropriated to defray the ex- 
penses required under this law, and shall be paid by the 
treasurer, upon warrants drawn by the auditor, upon the 
written order of the governor. 

§ 10. As soon as ten companies shall be formed in a regi- Regimental offi. 
ment, the adjutant general shall order an election for regi- 
mental officers for the said regiment. 

§ 11. The uniform for said regiments shall conform, as 
near as may be, to the United States fatigue uniform, and 
shall be prescribed, in general orders, by the adjutant gen- 
eral. 

§ 12. It shall be the duty of the governor to cause proper 
regulations to be adopted for the safe-keeping and restora- 
tion, to the proper place of keeping the same, of all the arms 
and equipments furnished to the troops under the provisions 
of this act, when they shall be disbanded, whether at the end 
of thirty days or other time. 

§ 13. This act to take effect and be in force from and af- 
ter its passage. 

Approved May 2, 1861. 



AN ACT making appropriations for the General and Contingent Expenses of In force May 2, 
the Special Session of the General Assembly. 1S6:1 « 

Section 1. Be it enacted by the People of the State of 
Illinois ', represented in the General Assembly ', That the fol- 
lowing appropriations be and the same are hereby made to 
the members and officers of the general assembly of the 
state of Illinois, at the special session thereof, convened by 
the proclamation of the governor of said state. 

To the speakers of the senate and house of representa- Pay of speakers, 
tives, each, the sum of three dollars per day, for each day's 
attendance, during the continuance of said special session. 

To each member of the senate and house of representa- p ay ° f members- 
tives, the sum of two dollars per day, for each day's atten- 
dance, during the continuance of the special session, afore- 
said. 

To each member of the senate and house of representa- Mileage, 
tives, including the speakers of both houses, ten cents per 
mile, for each necessary mile's travel in going and returning 
from the seat of government. 



1861. 



16 



Pay of clerks. 



Sergeant-at-arn^ 
and door , ;:e,)~:' 



Postmasters. 



Chaplains. 



Pages. 



Reporters. 



Certificates. 






Stationery. 



Purchase of flag. 



To the secretary and assistant secretaries of the senate, 
and to the clerk and assistant clerk of the house of repre- 
sentatives, each, the sum of six dollars per day. 

To the enrolling and engrossing clerks, and assistant en- 
rolling and engrossing [clerks] of the senate and house of 
representatives, each, the sum of six dollars per day. 

To tne sergeant-at-arms and assistant sergeant-at-arms of 
the senate, and the doorkeeper and assistant doorkeepers of 
the house of representatives, each, the sum of six dollars 
per day. 

To the postmaster of the senate, and the postmaster and 
assistant postmaster of the house of representatives, each, 
the sum of six dollars per day. 

To the clergymen of the city of Springfield, who have 
officiated as chaplains at this special session, each d,ij they 
shall have respectively officiated, the sum of two dollars. 

To the pages of the senate and house of representatives, 
each, the sum of two dollars per day. To the police officer 
C. Sampson, appointed by the speaker, the sum of four dol- 
lars per day. 

To the private secretary of the governor, the sum of six 
dollars per day. 

To Henry Binmore and Robert R. Hitt, reporters of the 
senate and house of representatives, each, the sum of six 
dollars per day. 

To Jacob Barr and Joseph McKinsey, for services as por- 
ters to the house of representatives, each, the sum of three 
dollars per day. 

§ 2. The time for which compensation is hereby allowed 
to each member and officer of the general assembly shall be 
certified by the speakers of the respective houses, except the 
time of the speakers of the senate and house of representa- 
tives, which shall be certified by the secretary of the senate 
and the clerk of the house of representatives ; all of which 
shall be entered upon the journals, and published as a part 
thereof. And upon the presentation of said certificates to 
the auditor, he shall draw his warrant upon the revenue 
fund for the amounts to which each member and officer afore- 
said shall be entitled, to be })aid by the state treasurer, out 
of the said revenue fund in the treasury. 

§ 3. A sum, not exceeding one thousand dollars is here- 
by appropriated for stationery, printing and any other con- 
tingent expenses attending the special session of this gene- 
ral assembly, to be paid as aforesaid, upon proper vouchers, 
certified by the secretary of state and approved by the gov- 
ernor. 

§ 4. A sum, not exceeding seventy-five dollars, to be 
expended by the secretary of state, is hereby appropriated 
to purchase a suitable flag for the use of the capitol. And 
the auditor is hereby authorized to draw his order on the 
treasurer for an amount sufficient to pay for said flag. 



17 1861. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved May 2, 18G1. 



AN ACT to amend chapter Seventy, Revised Statutes, entitled Militia. i a force May 2, 

1851. 

B 9 1 enacted by the People of the State of Illinois, repre- 
sented in the General Assembly : 

ARTICLE I. 

Section 1. The militia of the state of Illinois shall be 
composed of all free white male, able bodied citizens there- 
of, who are between the ages of eighteen and forty-five 
years ; and for the purposes of this act permanent residents 
shall be deemed citizens. 

§ 2. As soon as may be, alter the passage of this act, List to be made 
it shall be the duty of the assessors of townships, in counties * assess3rs - 
having township organization, to make a complete list of 
all persons in their respective townships, subject to military 
duty under this act, one copy of which, duly certified, shall 
be filed and recorded in the office of the county clerk of 
said county ; and said return shall be made before the first 
day of August next. 

§ 3. It shall be the duty of the asssessors in counties not 
having township organization, to make a like complete list 
of all persons subject to military duty as aforesaid, in their 
respective counties, and cause the same to be recorded in 
the office of the county clerks of their respective counties as 
soon as may be, and by the first day of August next. 

§ 4. It shall be the duty of the county clerks, on receipt ruing of lists with 
of the aforesaid lists, forthwith to forward a certified copy of ^ utant ■ gener " 
said list to the adjutant general of this state, who shall cause 
the same to be filed in his office. 

§ 5. Said lists shall be annually corrected by said asses- 
sors, at the time of making their annual assessments ; copies 
of which shall be duly certified, forwarded and filed as 
aforesaid. 

ARTICLE II. 

§ 1. The said militia shall be divided into two classes, 
first, the voluntary, and secondly, the reserve. 

% 2. The first class shall consist of those who voluntari- voluntary militia 
ly organize themselves into companies, of not less than fifty 
nor more than one hundred members each, and who shall 
have a uniform and shall elect officers and assemble for drill 
and purposes of military discipline, not less than four days 



1861. 18 

in each year, and who shall be furnished with arms and 
equipments by the state, and be first subject to call or draft 
into service at the requisition of the governor. 
~ _ § 3. The second class shall consist of those who do not 

organize themselves into companies as aforesaid, and shall 
also be subject to draft, or called into service. 

ARTICLE III. 

company officers § 1. The company shall elect their own officers by bal- 
lot, who shall appoint the non-commissioned officers of their 
respective companies, and the companies shall, by vote, se- 
lect their place for drill, and shall hold special drill on call 
of the captain or vote of the company. 
,-, - § 2. Whenever, in the opinion of the governor of the 

Regimental offi- ° , .. ' . r , ini & i .t , ,i 

cers. state, the public good requires, he shall, by order, direct tne 

said volunteer companies, so organized, to form into regi- 
ments of not less than five nor more than ten companies 
each, and to that end shall designate in such order the seve- 
ral companies which shall form the respective regiments, 
and the time and place when and where the said companies 
shall convene for the purpose of electing regimental officers, 
at which time and place the said companies shall proceed to 
elect by ballot, one colonel, one lieutenant colonel and one 
major, for each of their respective regiments, and said regi- 
mental officers so elected shall have the appointment of 
their staff". 

Team of office. § 3. Captains and lieutenants of companies, and the 
elective officers of regiments, shall be commissioned by the 
governor, for the period of six years from the date of their 
election, respectively. 

Len-th of service § ^. Volunteer militia shall serve for the term of six 
years, unless discharged by age or other legal disability, and 
shall ever afterwards be free from involuntary military duty, 
except in case of war or invasion, and shall, during said ser- 
vice, be free and exempt from personal highway tax and 
from serving as jurors. 

ARTICLE IV. 

Assessor pay. § 1- The said assessors shall receive for their services in 
making the list mentioned in sections two and three in arti- 
cle first of this act, the sum of one cent per name contained 
in said list first to be made, to be paid them out of the trea- 
sury of the state. 

§ 2. If any assessor or county clerk shall willfully refuse 
or neglect to perform the duties, or any of them, imposed by 
this act, he shall, on conviction, be fined in any sum not ex- 
ceeding five hundred dollars, and be removed from office, 
and shall not thereafter hold any office of honor or profit in 
this state for ^.yg years after such conviction. 



19 1861. 

ARTICLE V. 

§ 1. The governor, if companies so organize and volun. Artillery, cavai- 
teer, may commission the officers of and recognize the or- iy ' e1 
ganization of artillery companies, companies of cavalry, 
companies of sappers and miners, and an ambulance corps, 
under the provisions of this act. 

§ 2. There shall he filed and kept in the adjutant gene- Roiis of compa- 
ral's office, of this state, a complete roll of each of the com- mes ' 
panies organized under the provisions of this act, and the 
record of the date of the organization of each company, and 
of the enlistment of each member thereof. 

§ 3. Said roll shall be made annually by the officers of 
each company, and a copy of the same shall be forwarded to 
the adjutant general's office of this state, and the same shall 
be kept on file in his office. 

§ 4. A record of the date of all commissions granted un- Record of commu- 
der this act shall be kept in the adjutant general's office, 
and commissioned officers shall have rank according to the 
date of their respective commissions. 

§ 5. All acts or parts of acts, inconsistent with the pro- 
visions of this act, are hereby repealed. 

§ 6. Officers and members of volunteer companies elect- 
ed under the provisions of this act shall not be subject to the 
orders of officers of the militia of this state not organized 
under this act. 

§ 7. This act shall be in force and take effect from and 
after its passage. 

Approved, May 3, 1861. 



AN ACT to provide for Extraordinary Expenditures in the Executive Dc- In force May 2, 

partment. 1S61# 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the sum Appropriations to 
of fifty thousand dollars be and the same is hereby appro- o^.s kS e tc messen ~ 
priated, for the contingent expenses of the executive depart- 
ment, for the pay of clerks in the governor's office, of 
messengers on public service by the order of the governor, 
of assistants in the adjutant general's office, quartermaster 
general's office, and commissary general's office, and for 
telegraphing and other incidental expenses. 

§ 2. The quartermaster general shall receive, in full com- Quartermaster 
pensation lor his services, while actively engaged in the KKs. &n 
service of this state, the sum of eight dollars per day ; the 
first assistant quartermaster general, the sum of six dol- 
lars per day; the second assistant quartermaster general, 
the sum of five dollars per day. The same compensation 



1861. 20 

shall be allowed to the commissary general and his assis- 
tants as is allowed to the quartermaster general and his as- 
sistants ; to the adjutant general, the sum of seven dollars 
per day; the first assistant adjutant general, the sum of six 
dollars per day; and the second assistant adjutant general, 
the sum of five dollars per day. 

§ 3. The officers above named, that is to say, the adju- 
tant general, quartermaster general and commissary gene- 
ral, shall be each entitled to not more than two assistants. 
Governor's aids. § 1. The aids of the governor, while actively employed 
in public service, shall receive pay at the rate of three dol- 
lars per day. 

§ 5. The assistants above provided for and the gover- 
nor's aids shall receive pay from the time they were first 
employed actively in public service by order of the gover- 
nor, and shall only be retained on duty and pay so long 
as the public necessity may require, in the opinion of the 
governor. 

§ 6. No pay shall be given to any of the officers afore- 
said and such persons as by this act they are authorized to 
employ, except upon a detailed statement of service render- 
ed, certified by the governor. 
Governor's report § 7. The governor shall report to the next session of the 
of expenditures, legislature a statement of the items of expenditures, and the 
amounts allowed out of said contingent fund, for the infor- 
mation of the legislature. 

g 8. All moneys drawn from said fund shall be upon 

order of the governor to the auditor, specifying the purpose 

of the sum drawn ; on which order the auditor shall draw 

his warrant on the treasurer for the amount specified. 

§ 9. The commissary, acliutant and quartermaster gene- 
Extra clerks. J° , , ,. " /» ,V i n i ,i • 

rals, under the direction ot the governor, shall be authoriz- 
ed and empowered to employ such agents, store-keepers, 
purchasing agents, clerks, etc., as may be necessary to suc- 
cessfully conduct and carry on their respective departments, 
and allow them reasonable compensation therefor. 
, „ § 10. The governor is hereby authorized to employ such 

Pay of officers of . o o ./ # r «/ 

the Cairo expe- aids, clerks and messengers as the public interests may re- 
quire, ana allow them such reasonable compensation for 
their services and expenses as, in his judgment, they shall 
be entitled to receive ; and is hereby authorized to settle 
and adjust the accounts for expenses and services of Gen. 
R. K. Swift, Capt. J . D. Webster and Commissary Fowler, 
officers employed in the expedition to occupy the city of 
Cairo. The amounts to be paid under this section to be 
paid from the war fund, as is in this law provided. 

§ 11. This act to take effect from and after its passage. 

Approved May 2, 1861. 



21 1861. 

AN ACT [to prevent the use of Telegraphs for illegal and revolutionary in force May 2, 

purposes. ***■*• 

Section 1. Be it enacted by the People of the State of 
Illinois , represented in the General Assembly, That any Messages in cy. 
person who shall, in this state, daring the continuance of pher - 
the existing rebellion against the government of the United 
States, transmit or cause to be transmitted, by telegraph, to 
any place within this state or elsewhere, any communica- 
tion in cypher, or by any other means, for concealing the 
meaning of such communication, and any telegraph opera- 
tor or person, who shall deliver to any other person any 
such communication, shall be fined, not exceeding one hun- 
dred dollars, and imprisoned in the county jail not ex- 
ceeding six months, on conviction before any justice of the 
peace : Provided, that this act shall not be construed as 
applying to any communication transmitted or delivered in 
good faith to or by the government of the United States, 
or this state, through their proper officers, agents or em- 
ployees. 

§ 2. Any person who, for the purpose of inciting or aid- Treasonable mes- 
ing a rebellion, riot or insurrection in this state against the sages ' 

fovernment or laws of this state or the United States or a 
ostile invasion of this state, shall transmit or cause to be 
transmitted, by telegraph, any communication whatever, 
shall be liable to indictment, and, on conviction, be senten- 
ced to the penitentiary for not exceeding ten years. 

§ 3. Any telegraph operator or person employed in any Duties of opera- 
telegraph office in this state, or any other person who shall, 
knowing the design thereof, deliver or cause or permit to be 
delivered any communication prohibited by the second sec- 
tion of this act to any person other than the proper officers, 
agents or employees of this state or the United States, shall 
be subject to indictment, and, on conviction, to the punish- 
ment provided in said section second of this act. 

§ 4. Telegraph operators and persons in the active ser- Exemption of 
vice of telegraph companies, in this state, shall be exempt Eary rS duty? m 
from military duty and service on juries ; and operators 
and employees and those who have the privilege of inspect- 
ing the busines of a telegraph office may be required, by 
such companies, to take an oath before any officer in this 
state authorized to administer oaths, faithfully to regard the 
provisions of this act. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved, May 2, 1861. 



1861. 



22 



in force May 2, AN" ACT creating a war fund and to provide for auditing all accounts and 



1SG1 



disbursements arising under the call for volunteers. 



commissioners. 



Oaths of commis- 
sioners. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That a board 
Appointment of of commissioners, to consist of three prudent and discreet 
men, be created, who shall audit all accounts for supplies and 
munitions of war, camp equipage and provisions, equipments, 
clothing and supplies, furnished for any portion of the Illi- 
nois troops on special service, under the orders of the gov- 
ernor, and all accounts in any way or manner originating 
under the call of the president for volunteers, or the procla- 
mation of the governor for such volunteers, or which should 
properly be charged to the war fund ; and no accounts 
shall be allowed or paid by the governor which are not 
approved by said board. 

§ 2. All funds or moneys which shall be raised or ap- 
propriated under any act of this session of the general as- 
sembly, except for the payment of the expenses of the same, 
shall be kept separate and apart, and be denominated the 
war fund. 

§ 3. The said commissioners shall, before proceeding to 
exercise the powers herein conferred, be sworn or affirmed 
to faithfully perform the duties enjoined upon them by this 
act, and shall meet at such place or places as they shall ap- 
point, of which due notice shall be given, and proceed to 
examine all such bills and accounts, and examine all vouch- 
ers, and hear all such evidence as may be presented to them 
under the provisions of this act; and shall approve and al- 
low all such bills and claims as shall be shown, in their judg- 
ment, to be just and reasonable, taking into consideration 
the circumstances, under which they were created. 

§ 4. They shall make out a detailed report, accompanied 
by the necessary vouchers, in writing, to the governor, for 
all claims allowed by them, with the names of those in 
whose favor they are allowed, and the amounts thereof, and for 
what allowed, and if the same be approved by the governor, 
the auditor shall draw his warrant upon the treasury for the 
sums therein specified in favor of the persons therein named 
or their assignees, to be paid out of the said war fund. 

§ 5. All claims and accounts accruing against the state 
for war expenses or disbursements, which are specified in 
this act, and which have already accrued, shall be presented 
within three months from the passage of this act, and all 
other claims shall be presented within three months from 
the accruing of the same, or the same shall be considered as 
donated to the state, and shall not thereafter be allowed un- 
der any pretense whatever. 

§ 6. Any vacancy or vacancies occurring in said board, 
shall be filled by appointment by the governor, until other- 
wise directed by the legislature. 



Report. 



Limitation 
claims. 



of 



Vacancies 



23 1861. 

§ 7. The governor, by and with the advice and consent C b™^ nsation of 
of the senate, shall appoint said board, and their compensa- 
tion shall be live dollars per day, for each day actually em- 
ployed, to be paid out of the war fund : Provided, that said 
board shall only remain in session so long as is absolutely 
necessary for the prompt and efficient discharge of its duties. 

§ 8. The governor, auditor and treasurer be and they Issu€ of bonds - 
are hereby authorized to issue bonds of the state of Illinois, 
bearing interest at six per cent, per annum, for such sums as 
they, or a majority of them, may deem necessary lor the 
purpose of organizing the militia, repelling invasion and de- 
fending the state in war, and to sell the same for the best 
price, and on the best terms, which can, in their judgment, 
be obtained for the same, in money — live hundred thousand 
dollars of said sum to be issued in denominations of one 
hundred dollars ; five hundred thousand dollars of said sum 
to be issued in the denomination of five hundred dollars; 
and one million of dollars of said sum of the denomination 
of one thousand dollars. The principal reimbursable at the 
pleasure of the state, after the year of our Lord eighteen 
hundred and seventy-nine, (1879,) in the city of New York, 
and the interest payable semi-annually on the first Mondays 
of January and July in each year, at such place in the city 
of New York as may be designated by public notice in three 
newspapers published in said city, one month before such 
interest shall become due. 

§ 9. The aggregate amount of bonds which shall be is- Amount of bonds, 
sued under the provisions of this act, shall not exceed two 
millions of dollars. The bonds which were prepared for 
refunded stock under the act of February 22d, a. d. 1S59, 
may be issued under this act, as far as applicable ; but, in 
such case, there shall be printed across the face of the same 
the following words : "Issued under the act creating a war 
fund and to provide for auditing all accounts and disburse- 
ments arising under the call for volunteers." The interest 
on said bonds shall not commence running previous to 
July 1st, 1S61. And to provide for the payment of such in- 
terest, it shall be the duty of the auditor of public accounts 
to assess, annually, upon the taxable property of this state, 
in addition to all other taxes, a sum sufficient, with the in- 
terest fund not otherwise appropriated, if any there be in the 
state treasury, to pay the interest upon the debt hereby cre- 
ated ; which said sum shall be assessed and collected in the 
same manner as other state taxes are or may be assessed 
and collected. The fund thus collected shall be kept with 
the interest fund, and shall be applied only to the payment 
of interest on the state debt. For the payment of the prin- 
cipal and interest of said bonds, the faith and credit of the 
state is hereby irrevocably pledged. 

§ 10. It shall be lawful for guardians and persons hold- A ^Sans. ° f 
ing money in a fiduciary capacity, to invest the same in the 



1861. 



24 



purchase of said bonds at the curr., t rates, not exceeding 
par, and hold the same for the bei.e t and use of the per- 
sons whose funds they hold. 
Additional loan. § - - ' • ^ ri addition to the bonds authorized to be sold by 
the preceding section, the governor is also further author- 
ized to sell the bonds of the state of like character, to the 
amount of fifty thousand dollars, to supply a casual deficien- 
cy in the revenue fund, and provide for the expenses of this 
general assembly. 

§ 12. In no case shall more bonds be sold or used than 
may be necessary to meet, from time to time, the actual ex- 
penses incurred in carrying out the provisions of this act. 

§ 13. This act shall take effect and be in force from and 
after its passage. 

Approved May 2, 1861. 



Appropriations 
by towns and 
cities. 



In force May 2, j^ ACT to encourage the formation and equipment of Volunteer Companies. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the cor- 
porate authorities of any town or city and the county court 
or board of supervisors of any county in this state is hereby 
authorized to appropriate such sum as they may deem ex- 
pedient, for the purpose of aiding in the formation and 
equipment of volunteer companies mustered into the service 
of the United States or of this state, for the purpose of en- 
forcing the laws, suppressing insurrection or repelling inva- 
sion, and to aid in the support of the families of members 
of such companies, while engaged in such military service. 

§ 2. For the purpose of raising the means to pay any 
appropriation made pursuant to the foregoing section, the 
corporate authorities of any town or city, the county court 
or board of supervisors of any county making such appro- 
priation, may cause a tax to be levied and collected, not ex- 
ceeding five mills on the dollar, per annum, upon the taxa- 
ble property of such town, city or county. 

§ 3. Any appropriations heretofore made by the authori- 
ties of any city, town or county, for the purpose mentioned 
in the first section of this act, are hereby legalized, and the 
payment thereof may be provided for by the levy and col- 
lection of a tax, not exceeding five mills on the dollar, per 
annum, as other city, town or county taxes. 
Disbursing agent. § 4. It shall be the duty of the proper authorities of any 
city, town or county, which shall make or has heretofore 
made appropriations, as aforesaid, to appoint some person 
or. persons to disburse said appropriation, under such rules 
and regulations as such city, town or county authorities may 



Taxes. 



25 1861. 

direct; and the agent or agents making such disbursement, 
shall keep full and true accounts of the persons to whom 
and objects for which such disbursements are applied, and 
render an account of the same, with vouchers and receipts 
to said city, town or county authorities, as they may be, 
from time to time, required ; and the accounts thus rendered, 
shall, with accompanying receipts and vouchers, be filed and 
preserved, and be subject to examination as other public 
records or archives of such city, town or county : Provided, 
the state shall never be chargeable for any such sums raised 
by any such corporations. 
' § 5. This act shall take effect from and after its passage. 
Approved May 2, 1861. 



cers. 



AN ACT to empower Guardians and the Board of Guardians of the Chicago in force May 3, 
Reform School, and all other persons holding similar relations to minors, to 1861. 

consent to the enlistment of wards and those committed to their care, within 
the age of twenty-one years, to enlist, either as volunteers or in the regular 
army of the United States. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Enlisting of om- 
guardian or guardians of any male, within the age of twenty- 
one years, and the board of guardians of the Chicago Re- 
form School, and all other persons having the care, custody 
and control of any male, within the same age, are hereby 
authorized and empowered to consent and agree that any 
such male may enlist as a volunteer or in the regular army 
of the United States ; and it is hereby made the duty of all 
guardians, and of said board of guardians, and other persons, 
to give such consent, in all cases where such male is desi- 
rous of enlisting, unless some c;ood reason can be given for 
not consenting ; and in all cases where such consent has 
been heretofore given the same is hereby declared and made 
legal and valid. 

§ 2. This act shall be deemed a public act, and shall take 
effect and be in force from and after its passage. 

Approved May 8, 1861. 



AN ACT for the relief of Geo. W. Todd. In for J| 61 May 3 > 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Geo. W. 
Todd be and he is hereby authorized to receive two dollars canning of man. 



1861. 26 

for each day's service during this extra session of the legis- 
lature, for services in carrying the mails — the time to be 
certified by the speaker ; and the auditor is hereby author- 
ized to draw his warrant upon the treasury for the amount 
due said Todd under this act. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved May 3, 1861. 



n force May 3, AN ACT for the relief of the Volunteer Soldiers of this State. 

1861. 

Sectioii 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That in all ac- 

continuance of tions now pending or hereafter pendirjo; in any of the courts 

SUltS RlTtilUSt vol" i *-^ 

unteers. of this state, or before any justice ot the peace, it shall be 

a sufficient cause for a continuance, on motion of the defend- 
ant, if it shall be shown to the satisfaction of the court or 
justice that the defendant is in the military service of the 
United States or of this state, and that defendant's pres- 
ence is in/any degree necessary for a full and fair defense of 
the suit. And in case of a continuance under the provisions 
of this act the cost of the continuance shall abide the event 
of the suit. 

§ 2,'^This act shall be in force from and after its passage. 

Approved May 3, 1861. 



In force May 3, AN ACT to prevent rendering aid to rebels. 

1861. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That any per- 
runishment. son who shall within this state levy war against the United 
States government, or being adherent to the enemies of the 
United States shall by some overt act, give them aid, advice 
or comfort, shall be deemed guilty of a high misdemeanor, 
and, upon conviction thereof, shall be imprisoned in the 
penitentiary for a term not less than one nor more than 
twenty-five years, and pay a fine of not less than five hun- 
dred nor more than ten thousand dollars ; which fine shall 
be a lien on all the real and personal property of the person 
so convicted, from the date of the indictment, or from the 
date of the arrest, if arrested before indictment. 

§ 2. Any person, not owing allegiance to the state of 
Illinois, who shall, within this state, levy war against the 



27 1861. 

government of tins state or the people thereof, or, being ad- 
herent to the enemies of this state, shall, by some overt act, 
give them aid, advice or comfort, shall be deemed guilty of 
a high misdemeanor, and upon conviction thereof shall be 
imprisoned in the penitentiary for a term not less than one 
year nor more than twenty-five years, and pay a fine of not 
less than five hundred nor more than ten thousand dollars ; 
which fine shall be a lien on all the real and personal pro- 
perty of the person so convicted, from the date of the indict- 
ment or from the date of the arrest, if arrested before in- 
dictment. 

§ 3. All arms and munitions of war within the territorial seizure of arms, 
jurisdiction of the state of Illinois, or in transition through etc * 
the state, belonging to or designed for any person or per- 
sons, in rebellion against the United States, either within 
this state or elsewhere, shall be liable to be seized, and it is 
hereby made the duty of all officers, civil or military, of 
this state, to seize and detain all such arms and muni- 
tions and cause them to be securely stored, and shall 
immediately give information to the governor of this state, 
with a schedule of such arms seized and detained, who shall 
advertise the taking and detention of the same in the week- 
ly State Journal and Register, for sixty days, when, if they 
are not claimed by some person or persons not in violation 
of this act, he shall cause them to be removed to the state 
arsenal, and pay all expenses incurred thereby, from the 
military fund. 

§ 4. No arms or munitions of war shall be sent or shipped shipment of arms, 
to any place out of this state, except on the order of the presi- 
dent of the United States, or the governor of this state, or 
of the proper officer acting in pursuance of law, and the ab- 
sence of any such order shall be deemed prima facie evidence 
that such arms and munitions of war are owned by or intended 
for the use of some person or persons in rebellion against 
the government and laws aforesaid ; and in the absence of 
proof to the contrary, shall justify such seizure and deten- 
tion. 

§ 5. This act to take effect and be in force from and 
after its passage. 

Approved May 3, 1861. 



AN ACT to provide for the raising of a Regiment of Cavalry. j n f orce ]yj ay 8 

1861, 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Governor of this State be and he is hereby authorized and 
empowered to accept the service of one regiment of cavalry, 



1861. 



28 



Officers 
equipments. 



and 



Order of accept- 
ance. 



Horses. 



for the service of the State. Three companies shall be 
raised for said regiment south of the Ohio and Mississippi 
railroad. 

§ 2. The regiment shall consist of ten companies, and 
shall be officered and equipped in accordance with the gene- 
ral regulations of the United States army. Each company 
shall consist of not less than forty nor more than eighty 
privates, and with such commissioned and noncommissioned 
officers as are required by the laws and general regulations 
of the United States as to such arm of the service, and shall 
receive the same pay and subsistence. 

§ 3. The regiment hereby called for shall be raised by 
voluntary enlistment, by companies, and shall be accepted 
in the order in which their services are offered, and the 
companies enrolled in the adjutant general's office : Provi- 
ded, that the two companies now in Camp Yates, and 
known as the "Chicago Dragoons" and "Washingto 
Light Cavalry," shall compose a part of said regiment. 

§ 4. The volunteers called for under this act shall fur- 
nish their own horses, and be allowed for the use of the 
same at the rate of eight dollars per month, while in the 
service of the State. 

§ 5. The expenses incurred under this act shall be paid 
out of the war fund created by this General Assembly. 

§ 6. This act shall be in force from and after its passage. 

Approved May 3, 1861. 



in force May 3, AN ACT for the publication of the laws of this session of the General 
!S6l. Assembly. 



Manner of distri- 
bution. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
secretary of state shall, within ten days after the adjourn- 
ment of this general assembly, cause an edition of one 
thousand five hundred copies of the laws passed at this ses- 
sion to be printed, and bound in paper covers ; and shall 
cause said edition to be distributed in the following manner, 
to wit : One copy to each of the sheriffs, clerks of county 
and circuit courts of each county in the state, one copy to 
each circuit judge, one copy to each state's attorney, one 
copy to each of the supreme judges, one copy to each of 
the judges and clerks of the several recorders' courts of the 
state, one copy to each of the clerks and judges of the 
superior courts of Chicago, one copy to each of the judges 
of each of the United States circuit courts in this state, and 
ten copies to each member of this general assembly. The 
said books shall be distributed, in manner aforesaid, by 



29 1861. 

mail, and the postage thereon paid out of the contingen 
fund of the Secretary's office : Provided, that the tota 
expenses of publishing and distributing said edition of the 
laws, as aforesaid, shall not exceed two hundred and fifty 
dollars. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appeoved May 3, 1861. 



JOINT RESOLUTIONS. 



JOINT RESOLUTION relative to the purchase of a Flag for the State House. 

Resolved, by the House of Representatives, the Senate con- 
curring herein, That the secretary of state be and is hereby 
authorized and required to purchase a suitable flag for he 
use of the capitol, and that the auditor be authorized to 
draw his order on the treasurer for an amount sufficient to 
pay for the same. 



JOINT RESOLUTION relative to the printing of the last session. 

Resolved, by the Senate, the House concurring herein, That 
the secretary of state be and he is hereby requested not to 
receive or pay for the printing of any more copies of the 
last session than were authorized by the act of the last 
session. 



JOINT RESOLUTION concerning Newspapers. 

Resolved, by the Mouse of Representatives, the Senate con- 
curring herein, That the secretary of state is directed to 
procure for each member of this general assembly a perfect 
file of the " State Journal" or wi State Register," at the 
option of the member, containing the reports of the pro- 
ceedings of this session of the general assembly. 



JOINT RESOLUTION in regard to Postage and Stationery. 

Resolved, by the Senate, the House of Representatives 
concurring herein, That the secretary of state be and is 
hereby directed to furnish the proper officers of this general 
assembly with postage stamps sufficient to defray the post- 
age of the session, and pay for the same out of the contin- 
gent fund. 



1861. 



JOINT RESOLUTION concerning the State of the Union. 

Whereas the President of the United States, by his pro- 
clamation, dated April 15th, 1861, has appealed to all 
loyal citizens to favor, facilitate and aid the eifort to 
maintain the honor, the integrity and the existence of the 
National Union and the perpetuity of popular govern- 
ment, and to redress the wrongs already long endured ; 
therefore, 

Be it resolved, by the Senate, the House of Representa- 
tives concurring herein, That the faith, credit and resources 
of the State of Illinois, both in men and money, are pledged, 
to any amount, and to every extent, which the Federal 
Government may demand, to subdue rebellion, to enforce 
the laws, to protect the lives and property of the people, 
and to maintain inviolate the constitution and the sover- 
eignty of the nation. 

Resolved, That the governor and secretary of state be 
and they are hereby authorized to forward a certified copy 
of this preamble and resolution to the President of the 
United States. 



JOINT RESOLUTION of thanks to Captain James H. Stokes. 

Resolved, by the Senate, the House of Representatives con- 
curring herein, That the thanks of this general assembly 
are hereby tendered to Captain James H. Stokes, for the 
tact and energy displayed by him in obtaining from the 
United States arsenal at St. Louis the arms and munitions 
requisite for equipping the volunteer forces of this state ; 
and that we hold in grateful remembrance the generous and 
patriotic motives which prompted the manly exertions of 
Captain Stokes in the performance of that important and 
difficult undertaking. 

Resolved, That the governor of this state is hereby 
requested to transmit to Captain Stokes, at an early day, a 
copy of these resolutions. 



Department of State, 

Springfield, May 8, 1861. 
I, 0. M. Hatch, Secretary of State of the State of Illinois, do hereby cer" 
tify that the foregoing, except the words printed in brackets, thus, [ ] (which 
are inserted for the purpose of correction and explanation,) are true and per- 
fect copies of the enrolled laws and joint resolutions on file in my office. 

In testimony whereof, I have hereunto set my hand, the day and year 
aforesaid. 

0, M. HATCH, 

Secretary of State. 



~57 



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