How rank of officers determined.

Where two

uation of the said arms, and that it shall be the duty of the said quarter master general annually to make a similar report as to any further distribution of public arms, for the use of any of the militia corps of this state.

RANK OF OFFICERS.

ACT of Dec. 19, 1794. 1 F. L. 350.

214. SEC. II. And be it enacted, &c. That all the officers who were elected by the legislature at their last session, or by the people since, shall take rank in the following manner, that is to say: If the eastern division shall be the first drawn, all the officers of equal grade and date of commission in that division, shall take rank of all the officers of similar grade and date of commission in the western division; and if the western division shall be the first drawn, all the officers of equal grade and date of commission in that division, shall take rank of all the officers of similar grade and date of commission in the eastern division; and all the officers of equal grade and date of commission of the brigade lowest in numbers, shall take rank of all the officers of equal grade and date of commission in the brigade higher in numbers in the division to which it belongs; and all the officers of equal grade and date of commission in the regiments lowest in numbers, shall take rank of all the officers of equal grade and date of cominission in the regiments highest in numbers in their respective brigade; and all the officers of equal grade and date of commission in their respective regiments, shall determine their rank in their regiment by lot, drawn in the presence of the lieutenant colonel or commanding officer of the regiment, or where the lieutenant colonel is dead and the rank has not been determined between the majors, in the presence of some person to be appointed by the brigadier general, or in his absence by the major general.

ACT of Dec. 19, 1807. Pamphlet edit. 37.

215. SEC. II. And be it enacted, &c. That in all cases where officers are of two officers hold commissions of equal grade and are entitled to equal grade. take rank on the same day, notwithstanding the said commis

sions may have been issued and filled upon different days, yet the seniority of such officers shall be determined without reference to their former commissions, by lot, according to the directions of an act of congress, passed the 8th May, 1792, and an *See No.214. act of this state, passed 19th Dec. 1794,* in conformity thereto. ACT of Dec. 16, 1815. Pamphlet edit. 17.

Rank of offi

216. SEC. XI. And be it enacted, &c. That the rank of officers cers to be the of the militia of this state, shall be the same as that of the officers of officers of of the army of the United States, that is to say, the commanding the U. S. ar- officers of regiments shall hereafter have the rank of colonel, the

same as that

my.

second officer in each regiment shall have the rank of lieutenant colonel, and to each company of infantry there shall be a captain, first lieutenant, second lieutenant and ensign; and every lieutenant colonel in the state is hereby created a colonel, the first major

of every regiment a lieutenant colonel, the lieutenant of every company a first lieutenant, and the ensign of every company a second lieutenant, and elections shall be held throughout the state for ensigns in the several companies, and the proper officers are hereby authorised to give commissions to the officers hereby promoted, who shall take rank from the date of their former commissions respectively.

REGIMENTAL STAFF.

ACT of May 10, 1794. 1 F. L. 309.

staff, how

217. SEC. VII. And be it enacted, &c. That the regimental staff shall be appointed by the lieutenant colonels respectively, Regimental and be approved of by the brigadier, and that all officers so to be appointed. nominated and appointed as aforesaid, shall be commissioned by the governor, who shall be authorised to appoint all other officers.

Officers and

sioned offi

cers to as

previous to

muster.

218. SEC. VII. And be it enacted, &c. That it shall be the duty of the officers commanding regiments, to assemble the offi- non-commiscers and non-commissioned officers of their respective regiments, the day previous to every regimental muster, to instruct them in semble day the exercise and evolutions to be performed on the day following, and every officer and non-commissioned officer who shall fail to attend at such meeting, shall be subject to the same fines as are imposed by law for non-attendance at regimental musters, and courts martial shall be ordered as in other cases. [See No. 86.]

REGIMENTS, DIVISIONS OF.

ACT of Dec. 19, 1795. 2 F. L. 34.

ion, how to

219. SEC. I. Be it enacted, &c. That in all cases where any of the regiments or any of the battalions and companies belong-Regiments ing to any of the regiments of this state, shall or may be ag- ed by divis grieved and injured by the division or divisions made by the be redressed. different commissioners appointed by the several brigadier generals, for the purpose of dividing the regiments belonging to their respective brigades and companies into battalions and companies, pursuant to the militia act of this state, passed on the tenth day of May, 1794, the regiments, or any of the battalions or companies belonging to the said regiments, so aggrieved and injured, shall make their application for redress to the brigadier general of the brigade to which the said regiment or regiments belong, who shall appoint two field officers of the brigade, who are not involved in the dispute, or interested in the decision of the same, who are hereby empowered and directed, should it appear to them fit and expedient to make, direct and order any arrangement or division of the said regiments or any of the battalions or

companies belonging thereto, as to them shall appear to the advantage of the same; Provided however, that such arrangement or division be as nearly as conveniently may be, in conformity to the act of congress, passed on the 8th May, 1792.

ACT of Dec. 19, 1816. Pamphlet edit. 39.

220. SEC. VII. And be it enacted, &c. That for the performance of militia and patrol duty the inhabitants of said ceded *The lands territory,* be added to the 18th and 19th regiments of militia, Cherokees. the commanders of which are hereby authorised to divide the said territory into companies.

ceded by the

Regimer.ts

ACT of Dec. 20, 1820. Pamphlet edit. 25.

221. SEC. 1. Whereas, the persons subject to militia duty in the district of Pendleton, suffer many inconveniences in consein Pendleton quence of the extensive bounds of the regiment in the said disdivided. trict, which have been greatly enlarged by the late acquisition of territory from the Cherokee indians,

Be it therefore enacted, &c. That the three regiments of infantry in the district of Pendleton, be and the same are hereby required to be so divided as to form four regiments, as equal in strength as practicable, each regiment to consist of at least eight companies.

222. SEC. 11. And be it enacted, &c. That the following persons be and they are hereby appointed commissioners to divide the said regiments, and to make another regiment as directed by this act, viz. Alexander Moorhead, Peter Keys, Patrick Norris, John C. Kirkpatrick, Robert Stribling, Thomas Stribling, George Rankin, John Easly and Andrew Hambleton.

223. SEC III. And be it enacted, &c. That if the said commissioners shall refuse or neglect to act so as to carry this act into effect, then it shall be the duty of the brigadier general commanding said regiments, to appoint three suitable and proper persons from each of the present regiments, to lay out and designate the bounds and limits of the said new regiment, and also to make alterations in the lines of the present existing regiments, Provided, they do not alter the lines of the beat companies or divide any established beat company.

224. SEC. IV. And be it enacted, &c. That it shall be the duty of the said commissioners, so soon as they have made a division and formed said regiment, to report the same to the brigadier general commanding said regiment, and to the several colonels commanding the same, which said report shall designate the companies composing the said regiments; and it shall be the duty of the said brigadier general, immediately after the receipt of the said report, to order elections for such field officers as it shall be necessary to create in consequence of raising the said new regiment, aud when the present field officers fall into the said new regiment they shall have command in the same.

225. SEc. v. And be it enacted, &c. That the said new regiment shall be ranked the 42d regiment of South-Carolina militia,

and be attached to the 1st brigade of the 1st division of the 42d regiment

same.

ACT of Dec. 20, 1821. Pamphlet edit. 38.

formed.

226. SEC. 1. Whereas, the persons subject to militia duty in the district of Barnwell, suffer many inconveniences in consequence of the extreme bounds of the regiment in said district, Regiment is

Barnwell

Be it therefore enacted, &c. That the regiment of militia in divided. the district of Barnwell, be and the same is hereby required to be divided, so as to form two regiments as equal in strength as practicable, each regiment to consist of at least seven companies.

227. SEC. n. And be it enacted, &c. That the following persons be and they are hereby appointed commissioners to divide the said regiment, and to make another regiment as directed by this act, viz.-William Walker, William McMillion, William Rush, Barnet H. Brown and James W. Maxwell.

228. SEC. III. And be it enacted, &c. That if the said commissioners shall refuse or neglect to act, so as to carry this act into effect, that it shall be the duty of the brigadier general commanding said regiment, to appoint three suitable and proper persons from said regiment, to lay out and designate the bounds and limits of the said new regiment.

229. SEC. IV. And be it enacted, &c. That it shall be the duty of the said commissioners so soon as they have made a division and formed the said regiment, to report the same to the brigadier general commanding said regiment, and to the several colonels commanding the same, which said report shall designate the companies composing the said two regiments; and it shall be the duty of the said brigadier general, immediately after the receipt of the said report to order elections for such field officers as it shall be necessary to create in consequence of raising the said new regiment, and when the present field officers fall into the said new regiment, they shall command the same.

43d regimert

230. SEC. v. And be it enacted, &c. That the said new regiment shall be ranked the 43d regiment of South-Carolina formed. militia, and be attached to the 3d brigade of the 2d division of the same.

ACT of Nov. 24, 1827. Pamphlet edit. 59.

between 34th

231. SEC. I. And be it enacted, &c. That the following shall hereafter be the boundary between the 34th and 35th regiments of South-Carolina militia, that is to say: the line shall com- Boundary mence on Pacolet river, opposite Sandy Run, thence down said and 35th regriver to Thomas Taylor's, thence to William Huckeby's, son of iments. Robert Huckeby, thence down the old regimental line to Broad river, near the mouth of Thickety creek, thence up said Thickety creek to John Jeffers' ford on the said Thickety creek, thence along the main road by Hancocksville, to the Grindall shoals on Pacolet river, and that the persons liable to perform militia duty residing within the aforesaid limits, be formed into a

Lower bat

beat company, be and the same is hereby attached to the 35th regiment

232. SEC. 11. And be enacted, &c. That the lower battalion of the 7th, or Glasscock's regiment, shall be divided into five beat companies instead of four, as heretofore, and that col Thomas Glasscock, lieut. col. John Marsh and major Andrew P. Jones, talion of 7th are hereby appointed commissioners to make such division; regiment di.. the said commissioners to report to the brigadier general the division so made, and on his approval of the same the proper officer shall forthwith order an election of officers for the additional beat company hereby authorised to be laid off; Provided, that no officer in command shall thereby have his command vacated.

vided.

Beats in low

re-organized.

REPORT of Dec. 3, 1828. Pamphlet edit. 20.

233. The military committee to whom was referred the petier battalion tion of the field officers of the 23d regiment, praying leave to of 23d regt. re-organize the beats in the lower battalion, Report, that they have considered the same, and recommend that the field officers of the said regiment be permitted to re-organize the respective beats in said battalion under their command, and which at present are badly and unequally divided.

reside within their com

mands.

RESIDENCE OF OFFICERS.

ACT of May 10, 1794. 1 F. L. 308.

234. SEC. VII. And be it enacted, &c. That all the officers Officers to who shall be appointed by virtue of this act, shall reside within their respective commands, and on their removal therefrom their commissions shall be vacated; Provided, that the restrictions as to residence shall not extend to the officers of the Charleston regiment or regiments, but that a residence within the city shall be sufficient.

Officers of

ACT of Dec. 16, 1797. 2 F. L. 142.

235. Sec. xiv. And be it enacted, &c. That the officers comGeorgetown manding the different company beats in the town of Georgetown, beat compa- be and the same are hereby authorised to hold their respective commissions, although not resident in the beats aforesaid; Provided, that the said residence be in his battalion.

nies.

spector to

RETURNS.

ACT of May 10, 1794. 1 F. L. 313.

236. SEC. XIV. And be it enacted, &c. That the brigade inBrigade In- spectors whenever required by the brigadier general of the brigmake returns ade, shall make a return of the militia of the brigade to which he belongs to the said brigadier general; and the brigadier generals Brigadier & shall, whenever required by the major general of the division to rals to make which they belong, make a return of the militia of their respective brigades to the said major general, and the major generals shall whenever required by the governor or commander in chief, make

major gene

returns.