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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 Smith- Carolina, in conformity with the act of Congress.
WHEREAS it is necessary to organize the militia of this state in conformity with the act of congress in that case made and grovided:
Be it therefore enacted by the honorable the Senate and House of Representatives, noxv met and sitting in general assembly, and by the authority of the same, That from and immediately Tne sUto after the passing of this act, the whole of this divided instate shall be divided into two divisions, and to 0°.^d 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
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 dis
Tlict 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 di strict, 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 die persons having the greatest number of votes as majors, shall be commissioned as majors of die respective regiments and battalions; and that the said Company brigadier-general shall appoint proper persons in j^jTM^ 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 liaving 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. Provklcd always nevertheless, Tliat wherever there shall be any company uniform of artillery, cavalry or infantry, associated, uni- j-JJJ? 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 such company to meet and vote for their officers; and the persons dulv 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 they 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'persqns voting: Provided also, That the men composing uniform companies, shall not be entitled to vote for the captuins, 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, towhomto vuhdity °ftne same, (in the election of field be refer- officers,) shall be referred to the brigadier-genered- ml of die brigade, who bhall 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 made 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 t» aforesaid, Tliat if any person who shall be electproceed td a brigadier-general by virtue of this act, shall person he without the limits of the state, it shall be the elected duty of the major-general of the division to do ^ne'raire"-anc^ perform the duties enjoined on the said brisidesoutof gadier-general; and in case of his sickness or the state, inability to attend, it shall be lawful for the governor 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 regarels the division of the brigades and election of officers. AUoffi- And be it further enacted by the authority •idewith- aforesaid, That all the officers who shall be apin their pointed by virtue of this act, shall reside within minds, their respective commands; and on their removal therefrom, their commissions shall lie 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- tS'aWs. gadiers shall have the right to appoint their re- de-camp spective aids-de-camp, who shall have the rank ""^Jin" 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- staffoffipointed by the lieutenant-colonels respectively, "rs.to and be approved of by the brigadier; and that byith"coall officers so to be nominated and appointed, loneU. as aforesaid, shall be commissioned by the governor, 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 bricave tor his pay fifty pounds per annum, exclr- f^to"J 6ive of the pay he may be entitled to receive when called into actual service.
And be it further enacted by the authority aforesaid, That all sergeants and corporals shall compa. be appointed by the captains of the different com- nies.^piapanies; and that each and every company ere- dezvous"" ated by virtue of this act, shall have a place ofandtime* rendezvous, at w hich they shall respectively as- ofmu*t*r: semble once in every two months, except in