and colonels, as the commander-in-chief may see proper, according to the census returns taken from time to time under the authority of law.
Sect. 3. The governor of the territory shall be commander-in-chief, and shall have power to appoint the brigadier-general, colonels, majors, and all the commissioned officers necessary for the several regiments and companies, and the captains of the several companies shall have power to appoint all non-commissioned officers of their respective companies.
Sect. 4. It shall be the duty of the sheriff of each of the counties of this territory, when taking the census of their respective counties, to make out a list containing the names of all the persons in their respective counties, liable to perform military duty, and file a copy of such list with the register of deeds of the county, to be by him kept as a matter of reference, and also to transmit to the secretary of the territory a copy, to be by him kept as a matter of reference in his office; which copies shall be filed in the offices of the persons aforementioned, on or before the first day of January in each year.
Sect. 5. The sheriff shall take a list of the persons liable to perform military duty at the time of making the assessment.
Sect. 6. The militia thus enrolled shall be subject to perform no active military duty, save and except in case of war, invasion, or to prevent invasion, riot, or insurrection. In such case, the commander-in-chief is hereby authorized to order out, from time to time, for actual service, as many of the militia thus enrolled as necessity may require, and to provide for their organization in the manner hereinafter prescribed for the organization of volunteer militia: Provided, That, in all such cases, the enrolled volunteer militia shall first be ordered into service. The militia, while in active service, shall be governed by the military law of the territory, and the rules and articles of war of the United States; and when any troops are in the field for the purposes aforesaid in this section, the senior ranking officer of the troops present shall take command: Provided, That no person shall be eligible to a command in the militia of this territory except citi-