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At a General Assembly, begun and holden at Columbia, on Mon.
An ACT to organize the Militia throughout the
State of South Carolina, in conformity with the act of Congress. OTTHEREAS it is necessary to organize
W the militia of this state in conformity with the act of congress in that case made and provided:
Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That from and immediately The state after the passing of this act, the whole of this divided instate shall be divided into two divisions, and to todavisi each division there shall be a major-general; one brigades. of which divisions shall comprehend the districts of Charleston, Georgetown, Beaufort, Cheraw, Camden and Orangeburgh, except the Dutch Fork between Saluda and Broad rivers; and the other shall comprehend and include the districts of Ninety-six, including the Dutch Fork between Saluda and Broad rivers, Washington and Pinckney; and in the first division there shall be five brigades, one for Charleston district, except Colleton county regiment; one for Beaufort and Orangeburgh, including Colleton county regiment; one for Georgetown, one for Cheraws, and one for Camden district; in the second division there shall be four brigades, one for Abbeville and Edgefield counties, one for Laurens and Newberry counties, including the Dutch
ment; or for Camden four brigade
thereby autions made of this
Fork, one for Washington district, and one for Pinckney district; and that as soon as the governor or commander in chief of this state shall be informed of the organization and arrangement of the militia regiments of this state, agreeable to the provisions made by this act, he be, and is hereby authorized and required to issue his proclamation, notifying the same, from and immediately after which the militia commissions of all such persons as shall not be re-elected and con
firmed in the rank and grade they may hold ununs der the laws of this state, shall be vacated; but re-elected that every person who shall be re-elected and
confirmed in such commission as he holds in the missions. militia of this state, shall retain such commission,
and take rank from the date thereof.
And be it further enacted by the authority Major-ge- aforesaid, That the legislature, on the first organerals, &. nization of the militia of this state, under this ed by the act, shall choose by ballot the major-generals,
brigadier-generals and adjutant-general; which ture.
adjutant-general shall be of the rank of lieutenant-colonel.
· And be it further enacted by the authority Brigades aforesaid, That as soon as the several brigadierto be divided into 1- generals are notified by the governor, of their
nanola ore notified
a regiments, election, they shall proceed to divide their re
ons spective brigades into regiments, and that after and companies. they have made such division, they 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 nearly as conveniently may be, conformably to the
act of congress. Lieuten. And be it further enacted by the authority ant-colo aforesaid, That as soon as the respective regi'nel and 2 majors to ments, battalions and companies, are marked off be elected and designated, the brigadier-general of each district respectively, shall direct a regimental muster, as well of those men liable to do duty in time of alarm as at common musters, to be held (giving at least fifteen days notice thereof) at the most central part of the regimental district, for the election of a lieutenant-colonel and two majors, and shall appoint proper persons to open and hold a poll from the hours of nine o'clock in the morning to five o'clock in the afternoon, for the election of the said officers respectively; and that the persons having the greatest number of votes for lieutenant-colonel, shall be commissioned as lieutenant-colonel, and the persons having the greatest number of votes as majors, shall be commissioned as majors of the respective regiments and battalions; and that the said Company brigadier-general shall appoint proper persons in officers to
* be elected each company, who shall, within five days after the said election of field officers, hold an election for a captain, lieutenant and ensign in each company, in manner aforesaid; and the persons having the greatest number of votes in each company, shall be commissioned as officers thereof, or retain their former commissions, as the case may be, according to the grade to which they shall be severally elected. Provided always nevertheless, That wherever there shall be any company Uniform of artillery, cavalry or infantry, associated, uni- corps
la forty men formed and in commission, which, on the twen- to elect tieth day of June next, shall consist of at least their offiforty effective rank and file, it shall be lawful for cers. such company to meet and vote for their officers; and the persons duly elected by a majority of votes, shall retain their commissions, or be commissioned by the governor, as the case may be, to such grade as ther shall be respectively elected to. And that all other officers of the Charleston regiment, as well field as battalion officers,
shall be elected by the regiment at large; and no person shall be considered as elected, who shall not have a majority of the votes of the persons voting: Provided also, That the men composing thu uniform companies, shall not be entiiled to vote for the captains, lieutenants and ensigns of the other companies, to be elected by virtue of this act.
And be it further enacted by the authority Contested aforesaid, That in case of any contested election, elections, the validity of the same, (in the election of field to whom to be refer
officers,) shall be referred to the brigadier-genered. ral of the brigade, who shall call to his assistance
two field officers of some other regiments of his brigade, not interested in the event of the dispute; and in the election of captains, lieutenants and ensigns, shall be referred to the field officers of the regiment to which they belong; and all elections of officers inade in pursuance of this act, shall be returned, on oath, by the managers to the governor.
And be it further enacted by the authority How to aforesaid, That if any person who shall be electproceed eda brigadier-general by virtue of this act, shall where the mi
e be without the limits of the state, it shall be the elected duty of the major-general of the division to do
and perform the duties enjoined on the said brisides outof gadier-general; and in case of his sickness or state. inability to attend, it shall be lawful for the go.
vernor or commander in chief for the time being, to commission, under his hand and seal, some fit and proper person to execute the duties imposed by this act, so far as regards the divi
sion of the brigades and election of officers. All ofi. And be it further enacted by the authority cers to re
with: aforesaid, That all the officers who shall be apin their pointed by virtue of this act, shall reside within wmds. their respective commands; and on their remova
al 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, That the General major-generals shall have the right to appoint officers to their respective aids-de-camp, and that the bri- in gadiers shall have the right to appoint their re- de-camp spective aids-de-camp, who shall have the rank and
gade in of captain ; and they shall also have the right to Spectors. appoint their respective brigade inspectors, who shall be approved of by the major-general of the division; that the regimental staff shall be ap- Staff offpointed by the lieutenant-colonels respectively, cers to be
appointed and be approved of by the brigadier; and that by the coall officers so to be nominated and appointed, lonels. as aforesaid, shall be commissioned by the go. . vernor, who shall be authorized to appoint all other officers; and that in case of vacancy by death, resignation or otherwise, the brigadiers shall rise in their respective divisions, the lieutenant-colonels commandant, in their respective brigades, the majors in their respective regiments, the captains in their respective battalions, and the subalterns in their respective companies by seniority of commission.
And be it further enacted by the authority aforesaid, That each brigade inspector shall re- Pay of briceive for his pay fifty pounds per annum, exclı
spectors. sive of the pay he may be entitled to receive when called into actual service.
And be it further enacted by the authority a foresaid, That ali sergeants and corporals shall Compabe appointed by the captains of the different com- nies, plapanies; and that each and every company cre- dezvous ated by virtue of this act, shall have a place of and times rendezvous, at which they shall respectively as- o1* semble once in every two months, except in
ces of ren