« PreviousContinue »
and all elections of officers made in pursuance of this act, shall be returned on oath by the managers to the governor.
ACT of Dec. 19, 1795. 2 F. L. 35.' 112. Sec. II. And be it enacted, &c. That in all cases of con. tested elections of field officers where either of the candidates
think themselves aggrieved by the determination of the brigadier Appeal from general and field officers, who have decided or shall decide on the brigarlier the election, such candidates may appeal from such decision, to general in cases of con- the major general of the division to which he belongs, and the
" said major general, together with a board of general and field of
ficers to be appointed by the said major general, and to consist of the said major general and not less than one brigadier general and three field officers, shall examine into the merits of the said election, and shall decide thereon, and such decision shall be final and conclusive, and the person in whose favour they shall decide, shall be commissioned by the governor.
ACT of Dec. 20, 1800. 2 F. L. 362. 113. Sec. VII. And be enacted, &c. That every militia officer
who shall be appointed to conduct an election for an ensign, or How elec. tions to be other commissioned officer, shall fairly enter or cause to be entered
in a book or roll, the names of all persons voting at such election, and shall provide a box or glass for the purpose of receiving the said ballots, and the officer so managing such elections may require any person offering to give his vote thereat to swear that he
is a resident within the company beat, or is otherwise properly *This sec. enrolled therein, and is then liable to do duty in that company con repeal.. under the third section* of “an additional act to organize the 119, 120. militia throughout the state of South-Carolina," passed the 19th
of December, 1794, and the officer holding such election, shall make oath that he has managed the election according to law, according to the best of his knowledge and belief, and the orders he shall have received from the commanding officer, for conducting the same.
114. SEC. X. And be it enacted, &c. That whenever a vacan
cy or vacancies shall happen of a commissioned officer or officers When pri. wates of com. in any troop or company of militia, and the men composing such pany neglest troop or company respectively, shall neglect or refuse for the officers the space of three months; due notice of an election being given, to colonel to appoint.
fill up the same as the law directs, then and in every such case it shall and may be lawful to and for the commanding officer of the regiment to which such troop or company shall belong or be attached, by and with the consent of the commanding officers thereof, to fill up such vacancy.
ACT of Dec. 21, 1814. Pamphlet edit. 38. 115. SEC. VI. And be it enacted, &c. That the legislature under this act shall choose by ballot the major generals of the three additional divisions created by virtue of this act, who shall take
general to be
rank accoreing to the number of their divisions. The legislature,
Legislature shall also choose in like manner the brigadier general of the new to elect the ly formed brigade, and as soon as the brigadier general is notified the maio by the governor of his election. he shall proceed to divide his generals. brigade into four regiments, and after he has made such division he shall appoint five fit and proper persons in each regiment, whose duty it shall be to divide the respective regiments into battalions and companies as near, as conveniently may be, conformably to the act of congress; Provided, no officer now in command in said regiments shall be divested of his commission by such division or alteration.
ACT of Dec. 19, 1816. Pamphlet edit. 12. 116. Sec. 1. Whereas experience has shewn that it is inexpedient that the officers of the militia of this state should rise by Officers to seniority, for remedy whereof, Be it enacted, &c. that from and rise by elecafter the passing of this act, when any vacancy shall take place in any of the military commissions of the militia of this state, the same shall be filled by election in the following manner :
When any vacancy shall take place in the commission of major general, the governor for the time being shall forthwith issue bis orders to the several brigadier generals of the division in How major which such vacancy shall happen, requiring such brigadier gen-elected. erals to order an election in each regiment within the division in which such vacancy shall have occurred, for a major general to fill such vacancy, and all commissioned officers of the division in which such vacancy shall have happened, shall be entitled to vote for a major general, and any commissioned officer of the division in which such vacancy shall have occurred, shall be eligible to the office of major general; and each colonel shall return the state of the poll of his regiment to the brigadier general, who shall transmit the same to the governor, who is hereby empowered to pronounce the person baving the greatest number of votes, to be duly elected, and shall commission such person accordingly.
117. SEC. VIII. And be it enacted, &c. That whenever an Notice to nie election is ordered for a major general or brigadier general, it election of a shall be the duty of each colonel, who shall be ordered to hold major:
“ brigadier such election, to give fifty days notice in his regiment of such general. election, and post up the said notice for that length of time, at least at one public place, in each beat in his regiment.
given for the How colonel
118. SEC. II. And be it enacted, &c. That when any vacancy shall take place in the commission of brigadier general, the major general, and in case there is no major general, then the next commanding officer of the division, shall forthwith issue his or- dier generat ders to the several colonels of the regiments composing the brigade where such vacancy shall be, to hold in each of their respective regiments an election for brigadier general to fill such vacancy; and all commissioned officers of the brigade where there shall be such vacancy, shall be entitled to vote for brigadier general to fill the same; and any commissioned officer
to be elected. whom.
of such brigade shall be eligible to the office of brigadier general, and each colonel shall attend the counting out the votes and return the state of the polls of his regiment, to the commanding officer of the division, who shall pronounce the person having the greatest number of votes, duly elected, and commission him accordingly.
And when any vacancy shall take place in the commission of *See No. 122.
2. colonel* of infantry, the same shall be filled by election, by all
one free white men above the age of 18 years, who shall reside withof infantry in the regiment (except such persons as are attached to the cavto be elected.
alry or any regiment of artillery) the person having the greatest number of votes, shall be the person elected.
When any vacancy shall take place in the commission of ao coleu lieutenant colonel, the major then in commission in the same nel to rise. regiment shall be immediately commissioned lieutenant colonel,
and whenever any vacancy shall take place in the commission of *See No.
122. major,* the same shall be filled by election by all free white men
above the age of 18 years, who belong to the battalion where How major to be elected. such vacancy shall occur, the person having the greatest number
of votes shall be elected.
When any vacancy shall take place in the commission of How cap-captain, first lieutenant, second lieutenant or ensign, of any beat tain, first company, the same shall be filled by election by all free white &c. to be men above the age of 18 years residing within the said beat comelected.
pany, the person having the greatest number of votes shall be the
person elected ; Provided nevertheless, that nothing herein conVolunteer corps to elect tained shall extend to any volunteer corps of artillery, cavalry or their owr of- light infantry, who shall elect their respective officers from
amongst themselves in the following mannerHow colonel. When any vacancy shall take place in the commission of of cavalry to colonel of cavalry, the same shall be elected from amongst the be elected.
officers, non-commissioned officers and privates of the said regiment by themselves, the person having the greatest number of
votes to be the person elected.. of the clause When any vacancy shall take place in the commission of respecting lieutenant colonel* or major of cavalry, or major of artillery, the ant colonel same shall be filled by election by the officers, non-commissioned No. 87. officers and privates composing the said battalion or squadron
How major from among themselves, the person having the greatest number of cavalry or artillery Loo of votes to be the person elected. be elected. When any vacancy shall take place in the commission of any
captain, first lieutenant, second lieutenant, ensign or cornet, of How cap. tain, 1st and any company of artillery and infantry, or troop of cavalry, the
ietenauts same shall be filled by election by the officers, non-commissioned of cavalry and cornet to officers and privates of the said company or troop from among
" themselves, the person having the greatest number of votes shall be the person elected.
119. Sec. v. Be it enacted, &c. That when any vacancy shall given of cap- take place in a captain's commission, the lieutenant colonel or tain's election, and by
** officer commanding the battalion or squadron, shall appoint two
fit and proper persons within the said company or troop, to man
Notice to be
when in actual service.
age the said election, who shall hold the polls at the usual muster ground of the said troop or company, from 11 o'clock in the morning until 3 o'clock in the afternoon, after having advertised the same for twenty days before the said election, in at least four public places in the said company or troop, and that on the same evening the managers shall count over the votes and declare the election.
120. Sec. vi. Be it enacted, &c. That when the commission of first lieutenant, second lieutenant, ensign or oornet, shall be given of eleccome vacant, the captain, or if there be no captain, the major or tion of
and second lieutenant colonel commanding the said company or troop, shall lieutenant & appoint two fit and proper persons to hold an election at the usual muster ground of said company or troop, from 11 o'clock in the morning until 3 o'clock in the afternoon, after having advertised the same for at least twenty days previous to the election, in at least four public places in the said company or troop, and that on the same evening the managers shall count over the votes and declare the election.
121. Sec. VII. Be it enacted, &c. That when any division, brigade, regiment, battalion, squadron, company or troop, shall cers to rise be embodied and in actual service, either under the authority of wher this state or of the United States, the vacancies therein shall be filled by seniority, agreeable to usages and customs of war.
ACT of Dec. 18, 1818. Pamphlet edit. 41. 122. SEC. I. Be it enacted, &c. That from and immediately after the passing of this act, instead of the elections for colonels Notice to being only held at the battalion muster grounds, as heretofore, the election when the commission of colonel in any regiment shall hereafter of colonel & become vacant, the brigadier general, or in case there be no tioa to be brigadier general or major general commanding the said regiment, the officer next in command in said brigade shall issue his order to be extended to each captain or commanding officer of a company constituting said regiment to call to his assistance, two of his subaltern officers or if none, two other fit and proper persons to open and hold a poll at their respective muster grounds, which said captain shall advertise for at least forty days at three public places in the bounds of his command; the said managers shall hold the polls one day from 11 o'clock in the morning until 3 o'clock in the afternoon, and shall meet at the regimental muster ground, the first or second day after the election as may be ordered by the officer who shall order such election, to count over the votes and declare the election.
That when the commission of major shall become vacant, the colonel, or if there be no colonel, the officer next in command in n Notice to the said regiment, shall order each captain or commander of a the election
of major and company to call to his assistance twoof his subaltern officers or other fit and proper persons, to open and holda poll at their respective lion to be muster grounds, giving forty days notice by advertising in three public places in the bounds of their commands. The said managers shall hold the poll on one day at their muster ground, from
be given of before they hold the election.
11 o'clock in the morning until 3 o'clock in the afternoon, and shall meet on the battalion muster ground, or some public house near the same on the day following, and count over the votes and declare the election.
123. Sec. 11. And be it enacted, &c. That the managers of Managers
elections to be appointed in pursuance of this act, before they to take oath proceed to hold any election, shall be duly sworn “ that they will
Y impartially and faithfully hold such election.” And that the
presence of not more than one manager of election shall be necessary at the time of counting over the votes and declaring the election,
ACT of Dec. 20, 1823. Pamphlet edit. 58.
124. Sec. II. Be it enacted, &c. That if any beat company of pany neg. 11
"* militia shall neglect or refuse for three months to elect officers to lects to elect command said company, it shall be the duty of the colonel, lieuofficers, to be divided be-tenant colonel or major commanding the regiment or battalion tween near-' to which said company may belong, to divide the said company,
and attach it to the nearest beat companies thereto, until the said
125. Sec. 1. Whereas by the first section of an act passed on Act requir- the 20th day of December, A. D. 1823, all the commissioned of. to encamp, ficers in each brigade of militia in this state, were required to repealed." meet and assemble at some central and proper place within their
respective brigades, in full uniform, and equipt as therein described, at least once in two years, and there to be kept in the practice of military exercises for a time therein specified; and whereas the said law has not only not effected any beneficial purpose, but is inconvenient, oppressive and burthensome to the officers of the militia of this state
Be it enacted, &c. That the first section of an act entitled "an act to require the officers of each brigade of militia to assemble in brigade encampments and for other purposes," be and the same is hereby repealed.
126. Sec. X. And be it enacted, &c. That every captain or enrol Citizens commanding officer of a company, shall also enrol every citizen between 18 who shall from time to time arrive at the age of 18 years, or come
to reside within his beat, and without delay notify such enrolment to such citizen so enrolled by some non-commissioned officer of the company who shall be a competent witness to prove such notice; that all disputes that may happen with respect to
and 45 years of age.