brigadier generals. brigade No. 1, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 2, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 3, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 4, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 5, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 6, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 7, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 8, shall form one regiment; the several troops now raised and hereafter to be raised in the brigade No. 9, shall form one regiment or squadron; Provided, that no regiment shall consist of more than six troops nor less than four, nor each troop of more than sixty-four rank and file. 74. SEC. II. And be it enacted, &c. That the brigadier general of each of the aforesaid brigades, shall be and he is hereby authorised and empowered whenever the regiment of horse in his brigade is not complete, to fill up the same if he shall see fit, by Power of authorising proper persons to raise the necessary number of troops, and also by empowering the captains of the respective troops in his regiment to enrol men who are not obliged to do militia duty, but who would be willing to enrol themselves in such troops and to turn out with them properly uniformed and accoutred when called into actual service; and the said brigadiers shall distribute the troops in their respective regiments into squadrons. commanded. 75. SEC. III. And be it enacted, &c. That to each of the aforeRegiments said squadrons there shall be one major, and each of the aforehow to be mentioned regiments shall be commanded by one lieutenant colonel, and the governor and commander in chief shall be, and he is hereby authorised to commission in common form the eldest captain of horse in each brigade as lieutenant colonel in each brigade, and the second and third in seniority as majors of the first and second squadrons in each regiment respectively, and if any case should occur in which the captains' commissions bear even date, the preference shall be decided by lot in presence of the brigade major, who shall make a return thereof to the adjutant general, and the rank of the several lieutenant colonels shall also be determined by lot, to be drawn in the folAdjutant ge- lowing manner: the adjutant general shall write the names of the termine rank respective regiments on slips of paper, and having intermixed of the regi. them well, shall in presence of the governor or commander in drawing lots. chief, draw forth their names singly, and each of the aforesaid lieutenant colonels shall take rank in the order in which his name *See No. 80. is drawn, and the adjutant general shall make out two lists of the said officers according to their respective ranks, and transmit one of the said lists to the secretary's office in Charleston, and the other to the secretary's office in Columbia, there to be recorded; Provided, that nothing herein contained shall be so con neral to de ments by strued as to give rise to any captain or commander of a troop, who has neglected for six months previous to the passing of this act, to muster his troop, 76. SEC. IV. And be it enacted, &c. That all those of the militia who have heretofore enrolled themselves in any troop or company of cavalry, may remain with their troop or company, and that hereafter all volunteers for the corps of cavalry shall be limited to their respective brigades, except otherwise ordered by the commander in chief; and that whenever any of the cavalry or any part thereof shall be called into the actual service of this state, it shall be the duty of the brigade inspector to call to his assistance two of the freeholders of the county where each horseman may reside, who, together with the said brigade inspector, appraised shall on oath appraise the horse of each horseman immediately when called before the time of going into such service, and enter such ap- service. praisement in a book to be kept by the said brigade inspector for that purpose; and the said cavalry shall receive the same indemnification and no other, for loss of horses or otherwise, under the same regulations and restrictions as are or may be established in like cases in the militia in the service of the United States, by the laws thereof for the time being. Horses to be into actual muster. 77. SEC. VI. And be it enacted, &c. That the cavalry shall How often to meet in troop at least six times in each year, and at such places as the commanding officer of each troop shall direct. cavalry how to take rank. 78. SEC. XI. And be it enacted, &c. That the said lieutenant Lieutenant colonel of cavalry, and lieutenant colonel of artillery shall take colonel of rank and promotion together with and in the same manner as the other lieutenant colonels of this state; Provided 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 commis sion. ject to the same rules & fantry. 79. Sec. XII. And be enacted, &c. That the officers and men of the cavalry and artillery throughout this state shall be subject To be subto the same laws, rules and orders, as the officers and men of the infantry of this state, are or shall be subject to; Provided laws as inalways 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. [See No. 63.] 66 80. State of South-Carolina. In pursuance of the third article of an act of the legislature of this state, entitled an act concerning the cavalry and artillery of this state, and for other purposes therein mentioned," passed the 16th of December, 1797, Rank of the adjutant general is therein required to determine the rank of ments. the several lieutenant colonels of cavalry by lot in the following manner, "He shall write the names of the respective regiments on slips of paper, and having intermixed them well, shall in the presence of the governor or commander in chief, draw forth their names singly, and each of the aforesaid lieutenant colonels shall cav take rank in the order in which his name is drawn ;" Now be it Lieut. col. Benjamin Postell, of general Barnwell's brig- No. 1. in the 2d division, No. 2. Rifle car attached to squadrons. LAWRENCE MANNING, Adjutant General. ACT of Dec. 20, 1800. 2 F. L. 363. 81. Sec. Ix. And be it enacted, &c. That it shall and may be bineers to be lawful to and for any major of cavalry to attach to the squadron under his command, by and with the consent of the commanding officer of the regiment of which such squadron shall be a part, any number of rifle carbineers not exceeding twelve to a troop, who shall also be armed as troopers, in such way and manner as evolutions ry to be generals and he shall think fit and direct. ACT of Dec. 17, 1808. Pamphlet edit. 50. 82. SEC. 1. Whereas it is highly expedient and necessary that System of a uniform system of evolutions should be adapted for the cavalry, for the caval- that the several militia officers throughout the state should become perfect in their military duties, and that patrol duty should agreed upon by major be strictly and regularly performed, Be it enacted, &c. that an adjutant uniform system of evolutions be adopted and performed by the cavalry of this state, the same to be settled and agreed upon by the major generals and the adjutant general, or a majority of them, that it shall be the duty of the major generals of the militia of this state, to cause the same to be notified to and to be adopted and observed by the cavalry within their respective divisions.→ [See No. 167.] general. Laws rela ry and artil transmitted 83. SEC. XII. And be it enacted, &c. That certified copies of this clause of this act, together with the laws heretofore passed ting to caval. in relation to the cavalry and artillery of this state, be transmitted lery to be to the senators and members of congress from this state, with a for sanction request that they endeavour to obtain from the congress of the of Congress. United States, their sanction of the organization of the cavalry and artillery of this state. ACT of Dec. 19, 1809. Pamphlet edit. 34. ades repeal. 84. SEC. II. And be it enacted, &c. That so much of an act passed at the last session of the general assembly, as enacts that Laws directthe cavalry and artillery of this state shall be arranged into brig- to be arranging cavalry ades, be and is hereby repealed, and that hereafter, colonels and ed into brig. majors of cavalry, and colonels and majors of artillery, respect- ed. ively, may and shall be eligible, by election, to the commission of brigadier general or general of division, as the case may be, *This clause agreeably to the terms set forth in the foregoing clause* of this act. ACT of Dec. 21, 1814. Pamphlet edit. 38. is repealed. Fairfield and 85. SEc. v. And be it enacted, &c. That the cavalry now raised and hereafter to be raised in the districts of Fairfield and Chester. Chester, shall form one regiment or squadron, according as the number of troops therein may warrant. are repealed. 86. SEC. VIII. And be it enacted, &c. That officers of the cavalry The laws and artillery shall be liable to attend at the brigade encampment, brigade enrelating to and where cavalry or artillery companies are attached to regi- campments ments of infantry, the officers and non-commissioned officers of See No. 125. the companies so attached, shall attend the meeting of the regimental officerst of infantry the day previous to every regimental See No.218. muster to be instructed in the evolutions to be performed, and for non-attendance at said meeting the said officers and non-com- To attend regimental missioned officers shall be liable to the same fines as the officers meeting of of infantry; and any officer guilty of misconduct at any regi- previous to mental meeting, shall be liable to be put under guard and to be muster. cashiered by the sentence of a court martial; and should any Fines for person not bound to attend at such meeting, molest or disturb the not attending same, such person may be put under guard and kept in confine- meeting of ment at the discretion of the commanding officer during the continuance of such encampment. ACT of Dec. 20, 1828. Pamphlet edit. 31. officers day officers. 87. SEC. 1. Be it enacted, &c. That when any vacancy Lieut. coleshall take place in the commission of lieutenant colonel of cavalry nel of cavalry or artillery, the major then in commission, in the same regiment, how to rise shall be immediately commissioned lieutenant colonel. [See Nos. 110, 162.] Captain to CENSUS. ACT of Dec. 20, 1800. 2 F. L. 363. 88. SEC. VIII. And be it enacted, &c. That whenever take census. it shall be considered as necessary for any militia officer not under the rank of captain, or other commanding officer of a company, to take a census of the number of persons within his beat company or district, liable to the performance of militia duty, such officer or officers, shall be and they are hereby authorized and required to demand the name or names of each and every house-holder, or person or persons so resident therein, and inquire into his or their liability to perform such duty in his said beat company or district; and if any house-holder or person or persons residing in such beat, shall fail or refuse to satisfy the necessary inquiPenalty for ries of such officers, touching his or their liability to be enrolled householder as a militiaman, such householder or other resident, shall forfeit answer ques- and pay the sum of ten dollars, to be sued for and recovered be refusing to tions. Governor or dier general companies in times of alarm. fore any one justice of the peace, which penalty shall be paid into the hands of the paymaster of the regiment, in which such person or persons may reside. [See No. 127.] CITY OF CHARLESTON. ACT May 10, 1794. 1 F. L. 329. 89. SEC. XXXVII. And whereas, the safety of the City of Charleston requires the calling forth at certain times and seasons, one or more companies of the militia of the said city. Be it therefore enacted, &c. That it shall and may be lawful for the governor or commander in chief, for the time being, or major gene- the major general of the division, or brigadier of the brigade in ral, or briga which Charleston is comprehended, or the commanding officer to call forth of the Charleston regiment, for the time being, to call forth when necessary, such and so many companies or detachment of companies, to mount guard in the said city, as to them shall respectively appear necessary and proper; Provided, that no guard shall be obliged to continue on duty at any one time, except in case of actual alarm, more than twenty-four hours on one guard, and every person duly summoned to turn out on any such guard, who shall not obey, or who shall leave his guard, or otherwise misbehave, shall be liable to pay the same fines and forfeiture as such person would be obliged to pay for default of duty by nonattendance, or misbehaviour at any battalion or regimental muster, by virtue of this act. Governor to ber of men under arms when fires ACT of Dec. 16, 1815. Pamphlet edit. 18. 90. Sec. XIII. And be it enacted, &c. That the governor fix the num- and commander in chief, in order to prevent the confusion which may arise from too many men being under arms, when fires shall break out in the city of Charleston, and he is hereby authorized to fix the number of men necessary to be under arms in such cases, and to make such regulations by which a certain portion only of the militia of Charleston shall be required for the period break out. |