Laws of the Eighth Legislature of the State of Texas. Extra Session Austin: Printed by John Marshall & Co., State Printers. 1861. aT345.1 T3 Pages 10-11 Chapter X.
AN ACT to provide for the protection of the Frontier of the State of Texas.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That the counties of Montague, Jack, Clay, Wise, Young, Parker, Palo Pinto, Johnson, Erath, McLennan, Comanche, Hamilton, Bosque, Coryell, Bell, Lampasas, Brown, San Saba, Llano, Burnet, Gillespie, Bandera, Frio, Uvalde, Mason, Medina, Atascosa, Live Oak, Nueces, Starr, Hildalgo, Cameron, Zapata, Webb, El Paso, Blanco and Kerr, and that all unorganized counties be attached as for Judicial purposes - may each organize a company of Minute Men not to exceed forty in number, (rank and file.) SEC. 2. That each member of such company, shall be required to keep himself furnished with a suitable horse, gun, navy revolver, at least one hundred rounds of ammunition, ten days’ provisions, and all necessary equipment, to be ready at any moment when called on to take the field. SEC. 3. That said Minute Men shall be exempt from poll tax, militia, road, and jury duty, and when in actual service, shall be entitled to one dollar and fifty cents pre pay, covering all their claims against the State. SEC. 4. That each company shall be entitled to one Captain, and if numbering twenty men, and less than twenty-eight men to one Lieutenant, and if numbering over twenty-eight men to two Lieutenants, and each company shall be entitled to one Sergeant and one Corporal for every ten men in said company. SEC. 5. The Chief Justice or County Court of each county above mentioned, shall cause said men to be enrolled and organize the same by holding elections, and when organized, the Captain of each company, shall return a muster-roll certified to by the Chief Justice or County Court of their respective counties, to the Governor of the State, and another copy to the Comptroller. SEC. 6. The Captain of each company, when engaged in actual service, or business for the company, shall be entitled to two dollars and fifty cents per day; and Lieutenants, when similarly engaged, to two dollars per day. No other allowances shall be made to officers or men but the amount stated as “per diem” in this act. SEC. 7. From each company, a number of spies not exceeding ten men, and one commissioned officer, may be kept in constant service as scouts, and when considered necessary, the officer in command may call out part or the whole of the company, but no larger number than ten men shall at any one time be entitled to more than twelve days pay, and whenever a call is made, the officer commanding, shall make a correct report of the number of days served by each man, which report shall be certified to by the Chief Justice or the County Court of the county to which such company belongs; which report shall be forwarded immediately by the principal officer to the Governor, with regular reports to be made at least once in every three months. SEC. 8. The Governor shall have power to direct that the number of spies may be reduced in any county, or the services of the whole number suspended, but the company shall nevertheless retain its organization, and hold itself in readiness for duty whenever the circumstances require it. SEC. 9. The men called out under the provisions of this act shall, when in actual service, be governed by the rules and articles of war governing the army of the United States, wherever applicable, and when not in actual service, by such by-laws and regulations as they may make, not being inconsistent with the Constitution or laws of this State. SEC. 10. That this act take effect and be in force from and after its passage. Passed February 7, 1861.