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the person having the greatest number of votes to be duly elected, and
issue a commission accordingly ; but if the election be contested, it shall
be tried by a board of officers appointed by the Major-General, or officer
commandnig the division to which such brigade shall belong, to consist
of a Brigadier-General and four other officers not under the rank of field
officers, from whose decision an appeal shall be to the Commander-in
Chief, whose decision shall be final and conclusive ; and agreeably to his
decision, the Major-Generali or other officer commanding the division
aforesaid, shah order another election, or sholl commission the person
duly elected, agreeably to the decision and approval aforesaid.
. XXXI. It shall be the duty of such Brigadier-General of infantry or
cavalry to superintend and preserve the military organization of his
brigade, and enforce strictly the Militia Laws and (the Brigadier-General
of infantry) the Patrol Laws of this State^he shall annually make and
transmit to the Adjutant and Inspector-General of this State, by the first
day of October, a full and complete report of the strength of his brigade,
of the public arms, equipments, books, ordnance and military stores in
its possession ; he shall, with his staff, attend a review and drill of each
regiment of his brigade, at least once every year, and shall be responsible
for the complete organization, correct instruction and good order of bis
brigade ; he shall order and be responsible for the duo execution of such
inspections as may be required by law, and shall obey and execute all
orders from the Commander-in-Chief, or any of his superior officers.
XXIII. The Brigadier-General of the fourth brigade shall cause each
and every of the volunteer companies under bis command to be inspected
at least once in every year by his Adjutant-General; and shall organize
and have under his command a fire-guard of the volunteer companies in
thc city of Charleston.
XXIV. In all elections for Major-General or Brigadier-General, any
officer entitled to vota may send his vote in writing, signed with his name,
rank and title, under sealed cover, addressed to the officers holding such
election for the regiment to which he belongs; or, if he be an officer
attached to the division or brigade .staff, he may send his vote, signed and
under seal, as aforesaid, addressed to the officers holding the election foi
the regiment in which he resides.
XXV. A Colonel of the line shall be elected by all free white men,
above the agc of eighteen years, who have resided in the State at least sis
months next preceding the election, and belong to the regiment in which
the vacancy shall occur. No person shall be eligible to thc office ol
Colonel, Lieutenant-Colonel, or Major in the linc, unless he has held a
commission in the regiment at least six months next preceding tht
election ; or, having served four years at the South Carolina Military
Academy, is a graduate thereof. When any vacancy shall take place ir
the commission of Colonel of a regiment, the Brigadier-General, or office]
in command of the brigade in which such" vacancy shall happen, slial
issue bis order to the officer commanding such regiment to order ai
election for a Colouel to fill such vacancy, who shall order each Captain
or commanding officer cd a company of such regiment, to put up, at bi;
company rendezvous, a notice of such election, at least twenty days before
the day of election, and on the day of election, to order to his assistance
two of his subaltern officers; or if there be but one or none, sud
deficiency shall be supplied by any member of the company he ma>
appoint, so that these persons shall open and hold a poll at such company
rendezvous, from eleven o'clock A. M. to three o'clock P. M. ; and i
there should be any company of such regiment without any officer, thei
the commandant of the regiment shall appoint three fit persons of tin
company to act as managers of the election for such company, and issue
his orders to them. And. the managers, or at least ono of them Iron
each place of election, shall meet at the regimental muster-ground, on th?
first or second day after the election, according to order by the office:
commanding the brigade, count over the votes, and forthwith transmit t(
him a statement in writing, showing the result of such (diction, certifi?e
by all the managers present at such counting ; and bc shall pronouns
the person having the greatest number of votes to be duly elected, am
issue a commission accordingly.
XXVI. Every person elected a Colonel to comnianel a regiment, am
having accepteel the commission, shall be compelled to serve in such offie
for two years, under the penalty of one hundred dollars, and fifty pe
cent, on the amount of bis last general tax, unless be shah be soone
promoted, shall remove out of the limits of bis command, en- shall, fron
bodily or mental infirmity, become incapable e>f performing his duty, o
shall be deprived ed bis commission by sentence of a court-martial.
XXVII. It shall be the duty of each Colonel commanding a regiment t<
superintend and preserve the military organization of his regiment, am
enforce strictly within the same the Militia (anel the Colonel of infantr
thc Patrol) Laws of this State ; be shall eletail courts-martial, te> meet a
his regimental muster-ground, or at some other convenient place or place
within bis command, at least once in every six months, to try all defaulter
in Militia or Patrol duty, and all officers (below the grade of field educen;
anel non-commissioned officers, for neglect of duty e>r disobedience c
orders in his regiment; shall, at least once in every year, order out bi
regiment, and shall drill, exercise and instruct it* in the school e>f th
battalion, and shall, on the.day preceding such drill, or em some coi
vernent, day before, order and assemble all his officers anel non-commh
sioneel officers, and shall exercise and instruct them in such manouvres s
bc intends te) be performed at bis regimental drill. He shall, at hast one
in every year, order emt anel attend a review and drill oi each battalion e
his regiment. He shaii be responsible for the complete organizatioi
correct instruction anel good order of his regiment ; shall perform sue
inspections as shall be required e>f him by law ; shall, at least once i
every year, at such ime as may be required by his Brigadier-Genera
make out and transmit to him a full anel complete return ed' the strengt
of his regiment, anel ed the public arms, equipments, books, ordnane
and military stores in its possession ; anel shall make such reports ar
returns respecting his regiment as may be at any time required by any i
his superior officers. He shall enforce the collection of all fine's imposed :
his regiment, anel shall o. sy anel execute all orders from any of his sup
rior officers. Auel it shall be thc duty of every officer in comnianel of an
regiment or separate battalion, in tho city of Charleston, +o cause to 1
inspected hy his Adjutant each volunteer company under ids command
least twice eveiy year, and, after the said inspection, to report forthwi
to the Brigadier-General, or other officer iii command of the four
brigaele, the condition ed arms, ammunition und equipments of tl
XXVIII. When any vacancy shall occur in the commission e>f Lie
tenant-Colonel of any regiment, the Brigadier-General, e>r officer coi
manding the brigade to which such regiment belongs, shall immediate
issue a commission of Lieutenant-Colonel to the Major then in comm
sion in such regiment ; and if it should so happen that two Majors ed ai
regiment should rank from the sann: day, the rank of Lieutenant-Color
shall be determined between them by lot, ander direction of theBrigadh
XXIX. A Major of the- line shall be elected by all free white men, abo
the age of eighteen years, who have resided in this State at least s
months next preceding the- election, and shall belong to the: battalion
which vacancy shall occ ur. When any vacancy shall take place in ?
commission of Major of a battalion, the Brigadier-General, or otSeser
command ed the brigade in which it shad happen, shall issue orders
the Colonel, e>r officer commanding the regiment in windi such vacan
shall occur, commanding him to order au election for a Major to til! :
anel he shall order each Captain, or officer commanding a company of t
battalion aforesaid, to post up at Iiis company rendezvous a notice of sa
election, at least fifteen days be-fore the day of election, and, on the el
of election, to order te> his assistance two of his subordinate officers; or,
there bc but one, or none-, such deficiency may be supplied by any mei
ber of the company that he may appoint, so that three persons shall op
and hold a poll at such company rendezvous, from eleven o'clock A. M.
to three o'clock P. M., for a Major to fill such vacancy. And, if there
should be any company of such battalion without any officer, then the
commandant of the regiment shall appoint three fit persons to act as
managers of the election for such company, and issue his orders to them ;
the managers, or at least one of them from each place of election, shall
meet at the battalion muster-ground, on the first or second day after tbe
election, count the votes, and forthwith transmit to the Brigadier-General,
or officer commanding the brigade, a statement, in writing, showing the
restdt of the election, certified by all the managers present at ^such
j counting ; and he shall pronounce the person having the greatest number
I of votes to be duly elected, and issue a commission to him accordingly.
XXX. It shall be the duty of each Lieutenant-Colonel or Major
commanding a battalion, to assist the Colonel of his regiment in main?
taining tho military organization of his battalion, and euforcing the
Militia (and the Lieutenant-Colonel and Major of infantry, the Patrol)
Laws within the same; he shall, at least once in every year, under the !
orders of his Colonel, assemble bis battalion, and shall exercise and
instruct it in the school of the battalion, and shall, on the day preceding
such drill, assemble all his officers and non-commissioned officers, and
shall instruct and drill them in the manouvres to be p . -formed the next day.
j He shall bc responsible for the correct instruction and good order of his
' battalion, and shall, when required by his Colonel, or any of his superior
! officers, make a full and complete,return of the strength of his battalion,
and of the public arms, equipment0, books, ordnance and military stores
iu its possession, and shall obey and execute all orders from any of his
superior officers. Every person elected, and having accepted the com
I mission of a Major, to command a battalion, shall be compelled to serve
? in such office for two years, under the penalty of seventy-five dollars, and
; fifty per cent, on the amount of his last general tax, unless such person
I shall be sooner promoted, or sha1.! remove out of the limits of his com?
mand, or shall, from bodily or mental infirmity, become incapable of
j performing the duty thereof, or be deprived of his commission by sentence
of a court-martial.
XXXI. When the election of any field officer is contested, the Briga?
dier-General of the brigade to which such field officer shall belong shall
order to his assistance two field officers of some other regiment of his
brigade, not interested in the event of the dispute, and shall hear and
determine the validity of such election; and either of the candidates shall
have the right to appeal from such decision to the Major-General of the
division to which he belongs; and the said Major-General, together with
a board of general and field officers, to be appointed by, and to consist of,
the said Major-General, not less than one Brigadier-General and three
field officers, shall hear said appeal, and their decision shall be conclusive.
XXXII. It shall be thc duty of the Adjutant and Inspector-General to
attend once in two years tho muster of each regiment in the State, and
the drill of the officers of each the day previous; and whenever ho shall
deem it necessary, he may instruct the officers of the regiment: Prov ?Jed,
There shall be no superior officer present who may think proper to assume
the direction of the drill. He shall, with the consent of the Commander
in-Chief, have power to order out for drill the regiments at Such times as
will best permit him to perform the duties of his office; he shall keep a
military bureau in Columbia, in which he shall keep a true record of the
number and rank of each division, brigade and regiment in the State; he
shall procure a r< cord, annually, of the return of the strength, arms and
equipments of the Militia, the names, ranks and dates of commissions of
all the general and field officers; shall record all military orders received
by him, and, generally, all matters which relate to his office or the Militia,
and which in his opinion may be necessary to enable him to exhibit the
true strength, character and condition of the military force of the State.
He shall, once a year, visit and inspect the arsenals and magazines in this
State, and report to the Commander-in-Chief their condition, the number,
kind and condition of arms, equipments mid public stores in each, the
number and description of public anns and equipments distributed to
the Militia each year, and the disposition and condition of such distribu?
tions, the strength of the guards at each, the duties performed by them,
their general condition and efficiency to discharge the duties required by
them; and to enable him to perform this duty, the Quartermaster-General
and oilier officers having charge of these departments, shill, when
required, make ful1 reports to him of the different matters committed to
their charge. He hall distribute all orders from the Commander-in-Chief
to the several cor; , and obey all orders from him, furnish blank forms of
different returns mat may be required, and explain the principles on
which they should be made; he shall make a return of the Militia, with
their arms, accoutrements and ammunition, to the President of the United
States, on or before the first Monday in January in each year; he shall bc
charged with thc marshaling and inspection of troops, the correspondence
in relation to all military affairs, and when in the field, with all general
details of service of every description; he shall be obeyed by all officers of
his department, which shall consist of the Division and Brigade Adjutant
and Inspector-Generals, the Adjutant and Sergeant-Majors of regiments,
Orderly Sergeants and Clerks ol' companies, who sholl, in addition to any
other duties which may be require! of them by the commandants of tho
respective corps to which they are attached, be charged with the perform?
ance (in their respective corps) of the duties prescribed for tilt; Adjutant
XXXIII. The salary of the Adjutant and Inspector-Genera] shall hence?
forth be one thousand five hundred dollars, and of the Quartermaster
General, two hundred dollars, annually.
XXXIV. It shall be the duty of the Quartermaster-General to superintend
and inspect, at least once in every year, the arsenals und magazines of thc
State ; to provide for the transportation and safe-keeping of the tents,
arms, camp equipage and ammunition ; he shall be charged with thc
quartering and transporting troops and their provisions, the safe-keeping
and transporting of military stores and materials of every kind, opening
roads, and building and repairing bridges for military purposes; lie sha!
receive all fines imposed by any court-martial appointed by the Com?
mander-in-Chief, and pay over the same to his order ; he shall annually
make to the Commander-in-Chief a full report of the amount of monej
received by him, and from what source, the amount paid out, to whom,
and the amount remaining in his hands ; he shall, also, make annually
to the Adjutant and Inspector-General, a full report of tile number ant
kind of anns, ammunition, ordnance and military stores and equipment:
remaining in the arsenals and magazines, and the number and kine
delivered ont, to whom, and upon what condition, and generally upon al
matters relating to his department ; he shall, also, annually make to tin
Commander-in-Chief a full report of the amount of money received IP
each division, brigade and regimental Quartermaster in the State, tin
amount paid ont by each, and the amount remaining in the hands of each
he shall be charged with the payment of the Militia when in the service o
the State ; he shall give bond, with sureties, payable to the State of Sont!
Carolina, for the faithful discharge of his duty, in such sum as ma;
be deemed necessary by thc Commander-in-Chief, which bond shall b<
deposited in the office of the Adjutant-General; he shall be obeyed b"
all officers of his department, which shall consist of the division, brigad
and regimental Quartermasters, Quartermaster-Sergeants, the arson o
keepers [and powder receivers, who shall, in addition to any other d nt ie
which may bc required of them by their immediate commanders, b
charged with the performance (in their respective corps) of the dulie
prescribed for the Quartermaster-General.
XXXV. In (addition to the duties prescribed for the Quartermaster
General, il shall be the duty of each Division Quartermaster to receive a
lines imposed by any court-martial appointed by his Major-General, an
to pay over the saine to the order of the Commander-in-Chief, or sue
Major-General ; he shall annually make to the Quartermaster-General an
his Major-General a full report ol' thc amount cf money received b
JACOB SULZB?CHHK. M. FOOT.
WIIOLBSALE DEALERS Ki
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