Drafting In Michigan

The People of the State of Michigan ■ enact, That ail able-bodid, white walu , citi.ous, bct7e;i the ages of eighteea nnd forty-fio yeore. and not exempted by the ratra of the United State?, or of ihis State, aliall be subject to military dutv. The enroücd rnilitia shall not be subject to active miluary duty except a caso of war, rebclliou, invasión, tlio prevention of ioi'asnn, tho Ruppresnion of riots, tumults, and breache of the peace, and to aid civil officors in the executiou of the laws, and the service of proces; in which case they muy be ordered out for actual acivice, by draft or otherwisc, or ■ go many of them as the neoessity de manda. In addition to the persons exi emptod by tha laws of the United States, the following persous shall be exempt t from military duty: WHO AUE EXEMPT. lir&t, Ministers of the Gospel; Second, Judgcs of th Suprerue, Circuit, District aud Probate Courts: Third, The meuibers and oflicers of the Legislatura; Fourth, Alt officers and gunrda of the State Prison ; Fifth, All cummissioned offieers of the mllitia of tli is State, who have served as sucli, ful! y uniformed aüd eqnippod, according to law and regulation, for the term of six ycars ; but no officer shall be so exempt, unloss by his resignition after such term oí service, duly accepted, or in soiue other Inwfal manner, he shall have boen honorably discharged ; Si'.vl.'i, All State and couuty oiBeers (except notaries pnblie), and all teachers engaged iu public insütutions and public sehoola. UOW I.ISÏS OF PEKPOXS SUB.TKCT TO DHAFÏ ARE MADE OUT. The officors acting as Assessors of every township, ward or city, slmll annually, on or beforc the first d iy of June, return a list of the uames of all persons who are liable to do military duty, residing in their township, ward or city, to the Oounty Clerk, who shall nuniber the uames, and file the litts in his office, and return the aggregate numbcr of all the persons so enrolled in his eounty to the : Adjutant General, on or before the first ' day of July, of osch and every ycar. - j Tho Assessors shall have power to question, uoder oath, wbich they are hereby authorized to admiiiistcr, any pcrson deeraed liuble to do military duty, but who denies the same ; and if any pcrson refuscs to be sworn, thu Assessor shali e.iroll his name in tlie same iu;mner as though he liad adiuitted his liability. - opon the return of the Aasessor's list tu the Coutity Clerk, proerly certifying that he has enrolled all persons who are liable to do military du!y residing in his township, city or ward, hc shall be paid two cents each for all persoDS so carolled, out of the treasury of the county. If any Assessor or County Clerk shall wilfully neglect or refnse to perfonn the du' y enjoiiied upon tlvem by t his act, the person or persons guilty of such refusal or neglect shall be liablo to a penalty of not less thau one hundred, or more than iive hundred dollars, to be recovercd by action of debt before any Circuit Court, in the name of the people of the State ot Michigan ; and it shall bo the duty of the Prosecuting Atto:ncy of the eounty to prosecute the same. AU moneys accruing from such prosecution, shall, after deductina; the lecal costs and charges, bo jiaid into the county treisury. Iu cases whero such lists are not mado out and filed, as herein provided, and when the same raay be deemed absolutely necessa ry to the public safety, tho Governor is authorized to cause suoh lists to bo made by any other suitable person, to be by bim designated, who shall havo the same powers, and receive therefor the same compensatioB, as provided hereiu for As sessors. TUK GOVERNOR MAY ORDBROUT THE MILITIA In case of actual or threatened war agaiust, insurection m, or invasiou of the State, or in cuse of aclual rebelliou in, or war egainst, the United states, or in case the President of tho Uuitec States shall make a requisitiou on the Governor of this State, the Coramander in-Chief may order out, by draft, volun tary enlistment, or otherwise, the wholc or so muoh of the militia of this State as the public Decessity demands; and he may also, in like munner, order out any portion of the inilitia, for the service o the State, to suppress riots, and to aic civil officers in the execution of the laws of this State, or of the United States he may appoint the number by draft, ac cordiug to the population of the severa couuties of the State, or otherwise, as hc shall direct, and shall notify the Sherii of each county from which any draft i required, of the number of persons hi county is to furnish. HOW TEIE DRAFT IS MADE. Upon the requisition of the Com mander-iu-Chief being received by th Sheriff, he sliall imuiediately personall; nolify the County Clerk, or in case o the absence or nability of either, they o their legally authorized deputy or depu ties, who shall repair to the office of the County Clerk, and in public shall copy by name or number, from the Assessor' roll of each township, city or ward, o sucli county, all persons who are so re turned as liuble to do military duty sueh names, or their corresponding nutn bers, shaU be placed on slips of paper o: tho sanie size and appearance, as near a practicable, wliioh slips so naraed or num bered, shall be placed in a box suitabl fur thut purpose, and drawu therefrom ii the samo nianner as jurors aro by law now diawn ; all persous so drawn, anc liuble to do military duty, shall be de termincd to be legally held to servo, in the manner, and for the purpose anc time specified iu the requisition ; and the Sheriff" shall notify the persons so dnif'ted orally or by writing, at what time anc place they shall appear. I'KVAJ.TÏ KOU NOI APPEABINO. Every person so ordered out, or who ghall volunteer, or is drafted, and who shall not appear at tho time and place designated by sueh Slieriff or other proper officer, or who shall not produce some able-bodied or proper substitute, at sueh time and place, or shall not pay to such Sheriff, for the use of the State, the suin of one hundred dollars, within twentyfour honra frora such time, shall be deemed to be a soldier in actual service absent without leavo, and be liablo to a penalty of one hundred dollars. Should the officcr dctailed for the purpose be unablo to secure any soldier bo drafted, tho kShoriff of the county shall, upon notiee thereof, be authorized and rcquired to arrest sueh soldier, and uotify the Frosccuting Attorney thereof, who shall prosecuto such delinquent before any Justicc of the Peace, or other court havinc' jurisdiction, for the recovery of the penalty aforesaid, and the person so arrested may be released from all sueh obligationg and penaliies on tho enlisting and raustering of au acceptablo substitute, and the paymeDt of the eost of prosecutioQi