Page images


said brigadiers shall distribute the troops in their respective regiments, into squadrons.

And be it further enacted by the authority aforeEsch said, That to each of the aforesaid squadrons there squadron shall be one major; and each of the aforementionmajor, and ed regiments shall be commanded by one lieutecach regi. nant-colonci; and the governor and commander lieutenant. in chief shall be, and he is hereby authorized to colonel commission, in common form, the eldest captain

of horse in each brigade, as lientenant-colonel in each brigade; and the second and third in seniority,

as majors of the first and second squadrons, in each Officers to regiment respectively; and if any case should ocbe appoin- cur, in which the captains' commissions bear even ted, and date, the preference shall be decided by lot, in predetermin- sence of the brigade major, who shall make a re

turn thereof to the adjutant-general: And the rank of the several lieutenant-colonels shall also be determined by lot, to be drawn in the following manner: The adjutant-general shall write the names of the respective regiments on slips of paper, and having intermixed them well, shall

, in presence of the governor or commander in chief, draw forth their names, singly; and each of the aforesaid lieute

nant-colonels shall take rank in the order in which Where to his name is drawn; and the adjutant-general shall berecord- 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 construed 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.

And be it enacted by the authority aforesaid,

That all those of the militia, who have heretofore formerly enrolled themselves in any troop or company of to remain cavalry, may remain with their troop or company;

and that hereafter, all yolunteers for the corps of


cavalry, shall be limited to their respective bri. gades, except otherwise ordered by the commander in chic.

And be it further enacted, That whenever any of the cavalry, or any part thereof, shall be called into When in the actual service of this state, it shall be the duty actual serof the brigade-inspector to call to his assistance, ses to be two of the freeholders of the county where each appraised. horseman may reside, who, together with the said brigade-inspector, shall, on oath, appraise the horse of each horseman, immediately before the time of going into such service, and enter such appraisement 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 And be it further enacted, That the cavalry shall Troops

, meet in troop, at least six times in each year, and to meet at such places as the commanding officer of each ten. troop shall direct.

And be it enacted, That the brigadier in each Uniform brigade, be, and he is hereby authorized to direct and dis

cipline. the mode of uniform for the cavalry of his brigade ; and the adjutant-general shall prescribe the form of discipline to be used and adopted by them.

And be it further enacted, That the company of artillery attached to the twenty-eighth regiment, Regiment the company attached to the twenty-ninth regiment, of artillery and the company attached to the thirtieth regiment of infantry, shall form one battalion; and the said battalion, together with the Charleston battalion of artillery, shall form one regiment.

And be it further enacted, That the said regi- Howto be ment of artillery shall be commanded by a lieute- officered, nant-colonel; and each of the said battalions by a major; and the governor or commander in chief,

shall be, and he is hereby authorized 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.

And be it further enacted, That throughont the Other ar- other parts of the state, the captains of artillery shall tillery to be attached to the battalions in which they reside, before. respectively; and rise in the same with the other

officers, according to the dates of their commissions.

And be it further enacted, That the said lieuteOfficers, nant-colonel of cavalry, and licutenant-colonel of how to

artillery, shall take rank and promotion, together rank and rise.

with and in the same manner as the other lieutenant-colonels of this state. Provided nevertheless, That no oificer 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.

And be it further enacted, That the officers and To be sub- men of the cavalry and artillery, throughout this ject to ge- state, shall be subject to the same laws, rules and rules.

orders as the officers and men of the infantry of this state are or shall be subject to: Provided 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.

And be it enacted by the authority aforesaid, That Artillery, the three companies of artillery in brigadier-genein general ral Winn's brigade, shall also form one battalion; brigade. and the eldest captain in the said battalion shall be

commissioned major thereof.

And be it enacted by the authority aforesaid, Officers in That the officers commanding in the different comGeorge

pany beats, in the town of Georgetown, be, and the same are hereby authorized to hold their re



spective commissions, although not resident in the beats aforesaid: Provided, That the said residence be in his battalion.

And whereas it has been inconvenient, and sometimes oppressive, to issue warrants, in the first instance, againat the body of defaulters, and other persons, subjected to the fines by the militia law : For remedy whereof,

Be it enacted by the authority aforesaid; That the officer to whom the power is given of issuing Warrants warrants against the body of defaulters, and other for fines, persons liable to fines, shall, in the first instance, be issued issue his warrant against the goods and chattels of and exesuch person; and the sergeant or other

person to whom such warrant shall be directed, is hereby authorized and required to seize the property of the person against whom the warrant shall be issued, and sell the same, after having advertised it in some public place in the regimental or company district to which the said person may belong, at least five days previous to the sale; and if the person to whom the said warrant shall be directed, shall make a return that he cannot find any goods and chattels to be levied on, then the officer who issued the first warrant, is hereby authorized and required to issue a warrant against the body of the person, in lieu of that which was issued against his goods and chattels.

And be it further enacted by the authority aforesaid, That the governor and commander in chief Governor for the time being, be, and he is hereby authoriz- to issue ed to issue blank commissions to the lieutenant- missions. colonels of the respective regiments; and the lieutenant colonels of the respective regiments shall, from time to time, as vacancies may occur in their said regiments, fill up and issue commissions, and make return thereof to the brigadier.

And be it further enacted by the authority afore- Turning said, That the militia of Charleston and George- o'rt of the town shall be, and they are hereby exempted from

turning out on company parade, oftener than once
in every two months; and the commanding officer
in each regiment throughout the state, shall be au-
thorized, if he see fit, to exempt his men from turn-
ing out on parade in the months of July, August
and September: Provided they turn out not less
than six times in the year.
In the Senate House, the sixteenth Day of December, in

the Year of cur Lord one thousand srven hundred and
ninet: -sewn, and in the two intij-second Year of the In-
depend repofihr United States of America.

DAVID RAMSAY, President of the Senate.
ROBERT BANN WELL, Speaker of the

* House Rucsenia:ives,

[ocr errors]

An ACT to cornpel all district Sheriffs or Pro

vost Marshals, heretofore appointed in this State, or their representatives, to lodge in the offices therein mentioned, the Books of their respective offices.

HERE IS great inconvenience has ari

sen, and many persons materially injured, by reason that the books kept in the offices of the several sheriffs and provost marshals, heretofore appointed in this state, for the purpose of registering the transactions of said offices, are not accessible to the parties interested in those transactions: And whereas it is highly expedient that some measure should be adopted, in order to render the said books accessible to the parties interested :

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and

sitting in general assembly, and by the authority Sheriff of of the same, That it shall be the duty of the sheriff Charles

of Charleston district to apply to the persons who ton district to apply to have heretofore exereised the office of provost mar

shal, previously to the twenty-ninth day of July, sheriff's for their in the year of our lord one thousand seven hunbooks, &c. dred and sixty-nine, or to their representatives,

for all the books that have been kept in their re

all old

« PreviousContinue »