Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1863-05-23

be called into active service until the first
class is exhausted or insufficient in num-
Der to meet the exigency Of the state
The third class of the enrolled militia
shall not be called out until the first two
classes are exhausted or found insufficient
AS aforesaid; and the said third class
shall in no case be used except within
the limits of the county wherein 1T had
been enrolled provided, that nothing
strued AS to affect section sections forty
4 and forty-one Of this act.
HOW CALLED INTO ACTIVE SERVICE.
Sec. 81. In case of war. instruction,
rebellion, riot or INVASION, or of resistance
to the execution Of the laws of this state,
or of the United States, or upon the call
of any provost marshall marshal OF
other marshall marshal Of the United
States, in Wisconsin. or of any mayor Of
city, or of any sheriff, the commander
in chief is authorized to call into active
service any portion of the organized or
enrolled militia Of this state. In case of
the absence Of tho commanderin chief
from the capitol, or if it be impossible TO
Immediately communicate with him, the
civil or military officer making the requi-
sition for troops may, if he deem the.
dannar ;....-.:-,7r4t~ oud not admitting OF
delay, serve a copy of such ,cquisition,
together with statement of the Cover
nor's absence, absonce OF the impoSsi
bility of Immediately communicating
with him, upon the officer commanding
the regiment, or in case no regiment is
organized. upon the officer commanding
battalion, who is hereby authorized to
exercise, with respect to calling out the
troops Of his regiment or battalion, the
powers conferred in this section upon the
governor: but if the call shall be disap
proved by the governor, the troops SO
called into service shall be Immediately
recalled aid discharged from such active
service. Such call for any portion Of the
organized militia, shall be made by an
order issued and directed to the company,
battalion or regiment which is SO called
into service, designating, in such order,
the particular troops called, the time and
place of Rendezvous rendezvous, and
the officer to whom they shall report
If such order be directed to the officer
commanding regiment Or battalion, it
shall be Immediately communicated to
all the officers of such regiment or bat.
talon; and any officer receiving such or
der, shall rendezvous and report for du-
ty as therein directed and any officer
commanding n company or battalion, on
receiving such order, shall Immediately
roceed to notify the same TO each indi-
vidual Of his command. by personal no
tice, and such officer shall attend in per
son, or by deputing an officer Of the or
ganized militia in his place, at the place
of rendezvous, and take the name names
of all volunteers for service under such
call; and if the number of such volun-
teers shall be sufficient, to form one or
more companies or battaions. according
to the provisions of this act, he shall i'm
mediately call and superintend the cleo
ton of officers of volunteer companies
and battalions, which election shall be
conducted in the manner prescribed by
this act for tie election Of volunteer com
panes and battallons, except AS to publ
cation of notice OF such election; pro-
clamation of the call of such election,
made by the officer calling it at the place
of rendezvous, being deemed Sufficient
notice; but the governor shall have aU-
thority. if he shall deem it expedient, to
direct that portion of the volunteers so
presenting themselves shall be assigned
to organized volunteer companies or bat
talons already in active service, whose
numbers are less than the full compli
ment, complement as prescribed in this
act; after which, those volunteering shall
organize and elect as herein described.
Sec. 2S. IF the number of volunteers
so presenting themselves at the place of
rendezvous, shall not be sufficient to
satisfy the call of the commander-in chief,
he may order draft from the persons
liable to military duty as aforesaid; and
the number Of men required, and twenty
per cent in addition, shall be apportioned
to each town and ward, according to the
number of persons liable to military duty
therein, and the commander-in.chief shall
issue to the sheriff of each county an order
stating the time at which snch draft shall
be made, the ages of men to be drafted, the
aggregate number required fiom his said
county, and the number required from
each town and ward therein, as its Just
proportion of said aggregate number, in
Guiding, as far as can be ascertained, tho
whole number of persons heretofore fur
nished from slch town or ward; AMI the
sad sheriffs shall file the said orders in the
offices of the circuit courts in their respec-
tive counties.
See. 90. Such draft shall be made un-
der the superintendent of the county
Judge md clerk of the circuit court for
their respective counties, and shall be
made by towns and wards, seperately.-
The said clerk shall publicly place in
box to be provided for that purpose, sep
crate folded ballots. containing the names
of all persons on sail rolls of the pres
cribed ages, residing in the town or ward
to be drawn from, and the number of
ballots corresponding to the number of
men to be furnished by such town or
ward, shall be drawn by suitable per-
son to be designated by said Judge, from
said box. Such person shall be previous
ly blindfolded. And when a draft of all