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· ACT of Dec. 21, 1822. Pamphlet edit. 56. 49. SEC. VII. And be it enacted, fc. That the governor and commander in chief be and he is hereby authorised and empow- Go ered to cause to be sold to any of the militia of this state, any of cause arms the arms belonging to the state, in any of the public arsenals, at the militia. such price as the said arms may have cost the state, and the governor is hereby authorised to lay out the money received for the sale of any arms as aforesaid, in the purchase of other arms. •
[See No. 213.] . ..
ARSENAL. ; . ACT of Sept. 24, 1813. Pamphlet edit. 12. 50. SEC. XVII. And be it enacted, fc. That the commander in chief for the time being, shall have authority to remove to some temporary place of safety and deposit, such portion of the Armi and
military arms, ammunition and military stores, at any time deposited in stores to bc the public arsenals of the state, as circumstances may appear to time of danrequire, and when necessary in his opinion, to provide and fur-ger. nisb sufficient guards to protect the public arsenals, until it be found expedient to call out into public service, detachments of the militia, on whom this duty may in part devolve. . 51, Sec. XVIII. And be enacted, foc. That it shall be the duty of the governor and commander in chief for the time being, froin Govern time to time to examine or cause to be examined by some pro- examide are per officer, the situation of the respective arsenals throughout the state, to require security from the arsenal keepers, and to remove · them for negligence or other improper conduct, or incapacity of performing the duties devolving on them as such, and to appoint, in cases of removal, other persons to supply the vacancies there ! by created. ..
* ACT of Dec. 16, 1815. Pamphlet edit. 19. io. 52. Sec. XV. And be it enacted, fc. That it shall be the duty
3 Brigade of the brigade quarter masters within the limits of whose brig- quartes mas ades arsenals are or shall hereafter be established to visit and in- ter to exam. spect the same at least once in every year, and to report to the spect arsequarter master general thereon, and that the said several arsenal keepers within the state, shall each receive an additional compensation of $100 per annum, and shall give bond to the quarter master general for the faithful performance of their du- . . ties.
53. An act for establishing and regulating the artillery company . which was formed out of the militia of Charleston, enacts, " That the artillery company formed out of the militia of Charleston, Company of consisting or to consist, of a captain, captain lieutenant, a first tablished in and second lieutenant, three lieutenant fire workers, four sergeants Chau and not exceeding one hundred private men, to be classed and
tillery esta! kished.
distinguished by bombardiers, gunners and matrosses, in such
ACT of March 28th, 1778.
consist of three companies in manner as hereinafter mentioned, ancient bat
leston Be it therefore enacted, that immediately after the passing of this talion of ar. act, there shall be three companies of artillery in Charleston, to
40° be raisied out of the militia of the said town, which three compa
nies shall constitute a battalion of artillery, to which battalion of artillery there shall be one major commandant, three captains, three captain lieutenants, three first lieutenants, three second lieutenants, one adjutant, one surgeon and assistant, one quarter master, twelve serjeants, six drummers, six fifers, and two hundred and twenty-five rank and file; which battalion, so constituted, shall be under the same rules and regulations as are established by any actor acts of the general assembly passed for establishing the present artillery company, in all respects whatever, and such further regulations established for the government of the militia of this state, by this act, so far as the same relate to the artillery of Charleston.
ACT of Dec. 16, 1797. 2, F. L. 141. Second bat
ar 54. SEC. VIII. And be it enacted, &c. That the company of tillery in artillery attached to the 28th regiment, the company attached to
the 29th regiment, and the company attached to the 30th regi
ment of infantry,* shall form one battalion; and the said battaRegiment formed. ment lion, together with the Charleston battalion of artillery, shall form
55. Sec. IX. And be it enacted, &c. That the said regiment Regiment of artillery shall be commanded by a lieutenant colonel, and each bow to be of the said battalions by a major ; and the governor or command
er in chief shall be and he is hereby authorised to commission in common form, the first officer in rank in the said regiment, as lieutenant colonel thereof, and the second and third in seniority, as majors of the battalions, who shall take rank according to the
dates of their commissions. Captains of 56. Sec. X. And be it enacted, &c. That throughout the othartillery to be attached er parts of the state, the captains of artillery shall be attached to to the battal, the battalion in which they reside respectively, and rise in the they reside. same with the other officers, according to the dates of their com
missions. Lieutenant 57. SEC. XI. And be it enacted, &c. That the said lieutenant colonel of cavalry and colonel of cavalry, and the said lieutenant colonel of artillery,
*This altered to the Federalist artillery company.
talion of ar
how to be
shall take rank and promotion together with and in the same
artillery bow manner as the other lieutenant colonels of this state ; Provided to take rank. nevertheless, that no officer to be appointed by virtue of this act, shall take rank and precedence over any officer of infantry of the militia of this state, of the same grade, except by seniority of commission.
58. SEC. XII. And be it enacted, &c. That the officers and men of the cavalry and artillery throughout this state, shall be ied
Deject to the subject to the same laws, rules and orders, as the officers and same rules &
laws as the men of the infantry of this state are or shall be subject to; Pro- infantry." vided always nevertheless, that nothing contained in this act shall be construed to affect the rights and privileges of the ancient battalion of artillery in Charleston, as secured to them by their charter, or by any other law or regulation.
ACT of Dec. 20, 1800. 2 F. L. 364. 59. Sec. XII. And be it enacted, &c. That the fines which Fines of the
regiment of have been or may hereafter be collected in the ancient battalion artillery n
Charleston of artillery in Charleston, under the authority of the mllitia laws of this state, from the commissioned and non-commissioned offi- applied. cers and matrosses of the said battalion, shall and may be applied exclusively to the uses and purposes of the said battalion ; and the fines collected as aforesaid in the second battalion of the regiment of artillery in Charleston, shall and may be applied exclusively to the uses and purposes of the said second battalion,
ACT of Dec. 19, 1807. Pamphlet edit. 41. 60. SEC. I. Whereas by the eighth section of the act afore- +Act 1611 said, * it is enacted that the company of artillery attached to the Dec. 1797. 28th regiment, the company attached to the 29th regiment, and the company attached to the 30th regiment of infantry, shall form one battalion, and the said battalion, together with the Charles, ton battalion of artillery, shall form one regiment; and whereas no such company as is stated in the said act to be attached to the 30th regiment of infantry did or does exist; and whereas the governor and commander in chief for the time then being, did permit to be raised a company of artillery, by the name of the Federalist “Federalist artillery company,” pursuant to the act of congress artillery
company. in such case made and provided, and did duly commission the officers thereof, which company hath ever since acted with the said regiment of artillery as a company of the battalion aforesaid, formed by the act aforesaid, commonly called and known as the second battalion of the said regiment of artillery: Be it therefore enacted by the honorable, &c. that the said company of To be atartillery called the “Federalist artillery company” be and the Charleston same is hereby attached to the said regiment of artillery as one of regiment of
artillery. the companies of the said second battalion of the said regiment, and that the officers thereof shall in all cases take and be entitled to rank in the said regiment and the militia of this state, according to law and the dates of their commissions.
to raise other corps.
61. Sec. 11. And be it enacted, &c. That if at any time hereafter it shall happen that one or more of the companies forming the said second battalion of artillery, shall be dissolved or other
wise legally cease to exist, it shall and may be lawful to and for Governur the governor or commander in chief for the time being, to raise,
er or cause or permit to be raised, one or more companies as the
vacancies of the said second battalion of artillery may require, and to commission the officers thereof according to law, which company or companies as the case may be, shall be attached to and form a company or companies as the case may be, of the said second battalion of artillery, in the room and stead of any company or companies so dissolved or ceasing to exist, so that the said battalion may always be kept entire.
62. SEC. III. And be it enacted, &c. That so much of the said act concerning the cavalry and artillery of this state, passed 16th Dec. 1797, as is repugnant to this act, be and the same is hereby repealed.
ACT of Dec. 16, 1815. Pamphlet edit. 18. 63. Sec. XII. And whereas the Charleston ancient battalion of
artillery are now entitled to or do assume certain exclusive privi. Charleston ancient bat leges from which other military corps are excluded, Be it enacttalion of ar tillery divest.
lied, foc. That the said Charleston ancient battalion of artillery ed of their shall be, and they are hereby divested of all exclusive privileges, privileges.
and put upon an equality with the other militia companies and battalions of this state ; Provided, the captain lieutenants now in commission shall retain their commissions, but when vacancies hereafter occur in said offices, no election shall be held nor rise by seniority to supply said offices, but the office of captain lieutenant shall be abolished.
ACT of Dec. 18, 1818. Pamphlet edit. 41.
64. SEC. II. And be it enacted, foc. That the battalion of arin general tillery formed by an act of the general assembly of the year 1797, ade dissolve of the three companies of artillery then in brigadier general Winn's brigade, be and the same is hereby dissolved.
ACT of Dec. 19, 1820. Pamphlet edit. 7. 65. Sec. I. Be it enacted, fc. That from and after the pass.
ing of this act, the several artillery companies in this state shall Artillery to have the same compliment of officers as are now required by law
in the companies of artillery in the service of the United States, officers as to wit, each company of artillery in this state shall consist of one are required captain, one first lieutenant, one second lieutenant, and one third
66. Sec. II. And be it enacted, &c. That immediately after the passing of this act, elections shall be ordered and held in the same manner, already prescribed by law, for the purpose of filling the office of third lieutenant in each and every company of artillery in this state.
have the same com
ACT of Dec. 17, 1824. Pamphlet edition, 64. - 67. Sec. II. And be it enacted, &c. That the Beaufort volunteer company of artillery be and the same are hereby exempted unteer com from attending any regimental reviews, provided the said com- pany of artil. pany in addition to the days and times now required by law, do on the days and times which the regiment to which the said company is now attached, shall parade for review and exercise, and also assemble at the usual muster ground of said company for drill, exercise and instruction, and Provided also, that the members of said company shall at no time exceed sixty-four men rank and file. [See No. 110.]
BRIGADE MAJOR. 68. See Nog. 18, 37, 76, 244.
CASHIERING OF OFFICERS.
ACT of Dec. 20, 1800. 2 F. L. 361. 69. Sec. 1. Be it enacted, That every commissioned officer of the militia of this state, or any part thereof, who shall be tried
Disobedi and found guilty of disobeying the lawful order or orders of his ence of or
ders of supesuperior officer, shall be liable therefor to be cashiered by sen
rior officer. tence of a court martial, if the same shall be approved of, and the officer ordered to be cashiered by the commander in chief of this state.
ACT of Dec. 16, 1815. Pamphlet edit. 13. 70. SEC. 1. Be it enacted, &c. That from and after the pas- Officers insing of this act, every officer of the militia of this state who shall competent to
discharge be declared by the sentence of a court martial to be incompetent their duties. to discharge the duties of his station, shall be cashiered; Provided, every officer after charges exhibited, shall be at liberty to resign. The said courts martial to be ordered by the officers commanding battalions, regiments, brigades and divisions respectively, and on major generals by the commander in chief.
71. Sec. iv. Be it enacted, &c. that every officer who shall hereafter be cashiered by the sentence of a court martial, shall be Officers cash
iered disdisqualified from holding any commission in the militia, for a qualified period not less than one year nor more than five, at the discretion to
commission. of the court; and no officer who shall hereafter resign his commission shall be re-eligible to the same office until it shall have been filled by some other person.
72. Sec. VI. And be it enacted, &c. That every officer whose duty it shall be to enforce the militia laws of this state, who shall no
his state who choll Penalty for wilfully neglect so to do, shall on conviction be cashiered, and ing militia courts martial shall be ordered as in other cases. [Sec No. 103.]
CAVALRY. ACT of Dec. 16, 1797. 2 F. L. 139. 73. SEC. I. And be it enacted, &c. That the cavalry of this raged into state shall be arranged into squadrons and regiments as follows: regiments. The several troops now raised and hereafter to be raised in the rons.
To be ar