ment, such county shall by order as aforesaid, be organized as a regiment under the command of a lieutenant colonel and major independent corps.

Sec. 7. That within each brigade, there may be one or more companies of cavalry, each to consist of not less than Provision for fifty nor more than one hundred rank and file, including non- forming indecommissioned officers; two such companies shall form a squad- pendent corps of cavalry ron, two squadrons shall form a regiment, and when the num- within each ber of such companies is sufficient they shall be formed by or- brigade, and der of the brigadier general into squadrons and regiments; and how such independent whenever there shall be two regiments in any division, they shall be organized by order of the major general of the division organized. into a brigade, and such squadrons, regiments and brigades shall be officered as hereinafter provided.

corps shall be

how such

In each brig. Sec. 8. That to each brigade there may be one or more there may be companies of artillery, one or more companies of riflemen, and one or more one or more companies of light infantry, each to consist of companies of artillery, riflenot less than fifty, nor more than one hundred, rank and file, men and light including non-commissioned officers, and whenever there are infantry, and four companies of riflemen or light infantry, or two companies corps shall be of artillery within the brigade, they shall by order of the brig- organized resadier general be organized into a battalion; and whenever there pectively. shall be six companies of either description of said corps within a brigade, they shall be in like manner organized into a re- When not sufgiment, and officered as herein provided: Provided, That in all ficient to form cases where there is not a sufficient number of light compa- battalion, how squadron or nies of any one description to form a squadron or battalion attached for agreeable to the provisions of this act, such company or com- duty, and by panies shall be considered as belonging to such regiment, as the whom elecbrigadier general or commandant of brigade shall direct or or- ordered. der; and in all cases the brigadier general or commandant of brigade shall issue all orders for elections in all companies of light troops, until they be organized into regiments, squadrons or battalions, and the colonels or commandants of regiments, When org. the squadrons or battalions of light troops, shall issue all orders for comm. of reg. the election of officers under their respective commands, which squad. or bat. elections shall in all respects be conducted in the same manner, and under the same regulations as is pointed out in this act Brig. gen. to for the election of officers of the same rank in the infantry, and org. light com he shall order and direct such companies to be organized into and reg. when into squad. bat squadrons or battalions, and such squadrons and battalions into enti'd to such regiments whenever he shall be satisfied that they are entitled organization. to such organization, agreeably to the provisions of this act.

tions of officrs

to order elec.

Field officers

Sec. 9. That to each division there shall be one major gen-of div. brig. eral to each brigade, one brigadier general to each regiment, reg. squad. one colonel, one lieutenant colonel, and one major to each and battalion. squadron of cavalry; to each battalion of artillery, riflemen and light infantry, there shall be one lieutenant colonel and one Brig. gen. to major and such staff officers as the brigadier general shall di- direct staff of rect; to each company of infantry and light infantry, there shall tain cases.

ficers in cer

be one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer and one fifer; to each company of cavalry, one captain, one first lieutenant, one second lieutenant, one cornet, four sergeants, four corporals, one sadler, one farrier, Company of and two buglemen; to each company of artillery, there shall be ficers and non- one captain, one first lieutenant, one second lieutenant, four sergeants, four corporals, one drummer and one fifer; to each company of riflemen, there shall be one captain, one first lieutenant, one second lieutenant, four sergeants, four corporals, and two buglemen.

commissioned officers.

of the commander-in

cers.

battal. staff.

STAFF OFFICERS.

Sec. 10. That there shall be attached to the commander Staff officers in chief, and to the several divisions, brigades, regiments, squadrons and battalions, the following staff officers, to wit: the staff commander in chief shall consist of one adjutant general, chief and how appointed. who shall discharge the duties of inspector general, one quarDiv. staff offi- ter-master general, one paymaster general, and two aid-decamps, who (except the quarter-master general) shall be appointed by the commander-in-chief; to each division, there shall be one division inspector who shall discharge the duties of the assistant adjutant general, one assistant quarter-master-general, Brigade staff. and two aid-de-camps to be appointed by the major general; to each brigade, there shall be one brigade inspector to serve as brigade major, one brigade quarter master, and one aid-decamp to the brigadier general, which brigade staff shall be apRegimental pointed by the brigadier general; to each regiment or battalion of infantry, or light infantry, there shall be one chaplain, one adjutant, one quarter-master, one paymaster, one surgeon, one surgeons mate, one quarter-master sergeant, one sergeant maDrum and fife jor, one drum major, and one fife major, to be appointed by majors to ex- the commandant of such regiment or battalion; and it shall be port on all mu- the duty of the drum major and fife major to examine and resical instru- port to the commandants upon all instruments of music which shall be purchased for the use of the regiment or battalion, and no such instruments of music shall be paid for out of the funds of the regiment or battalion, until approved by them; to each regiment or squadron of cavalry there shall be one chaplain, one adjutant, one quarter-master, one paymaster, one surgeon, Staff officers of rifle reg.and one surgeons mate, one quarter-master sergeant, one sergeant battalion. major, and one regimental or squadron buglemen; to each regiment or battalion of riflemen, there shall be one chaplain, one Vacan. in the adjutant, one quarter-master, one paymaster, one surgeon, one staff and non-surgeons mate, one quarter-master sergeant, one sergeant macom. officers jor and two regimental or battalion buglers; and all vacancies. in the staff or non-commissioned officers shall be filled by the cers entitledto officer having the power of appointing them agreeable to this a commission act; and all staff officers entitled to a commission, shall receive to receive a from the officer appointing them a certificate, which certificate til a com. shall and taking the necessary oath shall authorize and require him be procured. to perform all the duties of his office until a commission shall

amine and re

ments.

Staff officers of cavalry.

how filled.

All staff offi

certificate un

be procured; any staff officer may at any time be removed by Chapl'ns, surthe officer who appointed him: Provided, That nothing herein geons, surg's contained shall be so construed as to require in time of peace, masters, not mate and paythe chaplain, surgeon, surgeons mate or paymaster of any re-requi'd to unigiment, battalion or squadron to appear in uniform; nor shall form in time of peace, norto they be required to attend the officer musters unless particular- att'd officer ly ordered by the commanding officer.

mus, unless

cers shall rank

Sec. 11. That the staff officers herein enumerated shall ordered. rank as follows, viz: the quarter-master general and adjutant general as brigadier general, the paymaster general and aid-de- In what grade camps to the commander-in-chief as colonels, the division in- the staff offispectors and division quarter masters as lieutenant colonels, the aid-de-camps to major generals as majors, the brigade inspectors as majors, the brigade quarter-master and aid-de-camp to brigadier generals, chaplains and surgeons as captains, adju tants, quarter-masters, paymasters, surgeons mates of regiments, battalions and squadrons as lieutenants, and all other regimental, battalion or squadron staff as non-commissioned officers. Sec. 12. That all staff officers of the rank of lieutenant Staff officers and upwards, shall be commissioned as other officers, and (ex- ranking as lieut. and upcept chaplains) shall attend musters of the divisions, brigades, wards to be regiments, squadrons or battalions; and shall obey all other or- com. and (exders legally given by the proper officers commanding the corps cept chaplins) to which they belong; and the division inspector and quarter obey ord❜rs &c master, the brigade inspector and quarter master, and regimen- Com. staff oftal battalion and squadron staff officers ranking as commission- ficers not to be ed officers, shall not be removed from their office in any other rem'ed in any manner than is, or may be provided in the case of officers of other manner than is provithe line: Provided, That nothing herein contained shall be so ded for offic'rs construed as to continue in office any staff officer ranking as a in the line, but commissioned officer after the death, resignation or removal of shall not conthe officer appointing him, or after such staff officer shall have after the death arrived at the age of forty-five years.

ELECTION OF OFFICERS.

attend must's,

tinue in office

resig. or rem. of the officer

app. him.

elected.

Sec. 13. That when the office of brigadier general shall How and by become vacant, or a new brigade be set off, the commandant whom brig. of division shall cause public notice to be given at least twen- gen. shall be ty days previous to the day of holding the election by advertisement, to be set up in at least three public places within the bounds of each regiment, squadron or battalion within such brigade, or published in some newspaper in general circulation therein, notifying the commissioned officers of the several regiments, squadrons or battalions, to meet within the bounds of their respective regiments, squadrons or battalions, for the purpose of electing a brigadier general: at which time and place it shall be the duty of the officer present, highest in rank, who is not a candidate, to preside at such election, who shall take to his assistance two of the electors present, who are not candidates as judges of the election, and also one other elector to act as clerk of the election; and the judges shall, between the hours of

and clerks.

ten o'clock A. M. and three o'clock P. M. of said day, receive the ballots from the legal electors of such regiment, squadron or battalion, and the clerk shall enter the name of each elector in a book to be provided for that purpose, and at the close of Duty of judg. the election, the judges and clerk shall count the ballots and compare the same with the poll books, and forthwith declare to the electors present, the state of the poil, and shall forthwith make out two certified statements of the votes legally given, at said election, one of which shall be lodged with the adjutant of such regiment, squadron or battalion, and the other stateDuty of the of- ment shall be transmitted under seal, to the officer ordering ficer ordering the election, who shall receive the same and canvass the votes, and if no notice of contest is left with him within ten days thereafter, he shall certify to the adjutant general, the name of the person who has been elected, and the adjutant general shall forthwith certify the same to the Secretary of State, that comAdjt. gen. to missions may issue accordingly, and the adjutant general shall forthwith after the commissions issues, enclose them franked to the commandant of the brigade.

the election.

Certifi. to be forw. to the adjt. gen.

frank and for

ward com.

Colonels, how and by whom elected.

Lt. Colonels, how and by

Sec. 14. That when the office of colonel shall become vacant, or a new regiment set off, the commanding officer of the brigade shall cause notice to be given to the commissioned officers of such regiment, at least ten days previous to the day of holding such elections, of the time and place of holding the same: the notice of election shall be given, and the election conducted in the same manner as is pointed out in the thirteenth section of this act.

Sec. 15. That when the office of lieutenant colonel, or mawhom elected jor, becomes vacant, the colonel or commandant of the regiment, squadron or battalion, shall cause ten days' notice to be given of the time when, and place where the commissioned officers shall meet to fill the same; and, when so met, the election shall be conducted in all respects as is provided in the thirteenth section of this act.

Commissioned officers of

elected.

Sec. 16. That whenever a vacancy happens in the office of captain, lieutenant, or ensign, by setting off a new compacompany, how and by whom ny, district or otherwise, the colonel or commanding officer of the regiment, squadron or battalion, in which the vacancy may happen, shall cause public notice to be given by advertisement set up in at least three of the most public places within the bounds of the company, at least ten days before the holding of the election, directing them to meet at a certain time and place within the bounds of said company district, as near the centre of the district as may appear most convenient, stating the officer to be elected; and the electors, when met, shall choose three judges and one clerk of the election, who shall be legal electors at such election, and who shall be duly sworn or affirmed, faithfully and impartially to receive, count, and make return of all votes legally given for captain, lieutenant or ensign, (as the case may be,) at said election; after which, the

in certain

judges shall, between the hours of nine o'clock, A. M. and four o'clock, P. M. of said day, receive the ballots from the legal electors of such company, and the clerk shall write the name. of each elector in a book to be provided for that purpose; and at the close of the election, the judges shall open the ballots and, together with the clerk, shall count the same and compare them with the poll book, and forthwith declare to the electors present, the person or persons having the highest number of votes, to be duly elected; and if, at such company election, or Vacanciesoreat any election held within any regiment, squadron or battalion, ated by promo a vacancy shall have been created by promotion, the judges tion to be filshall immediately proclaim it, and the electors present shall led forthwith forthwith proceed to fill such vacancy without further notice; cases. and all company elections shall be certified by the judges to the officer ordering the election, who shall certify the same to the adjutant general, agreeably to the thirteenth section of this act: Provided, That if, in any case, two or more persons shall Where there have the highest and an equal number of votes, then, and in is an equal that case, the judges and clerk of the election shall determine number of the same by lot, except that in the election of brigadier gene- cided by lot. ral, two or more persons shall have an equal and the highest number of votes, the commandant of division shall take to his Com't of com. assistance two commissioned officers, and shall in their pre- to appoint non sence, determine the same by lot; and all non-commissioned com. offi. and officers and musicians of each company shall be appointed by musicians, and give a warrant the captain or commandant of such company; and all non-commissioned officers shall be entitled to a warrant from the officer appointing them, setting forth the office to which such noncommissioned officer has been appointed.

votes,to be de

en, or if the

Sec. 17. That if the members of any company, battalion, squad- Where no elec ron, regiment or brigade, within this State, shall, after due notice tion shall be being given them, fail to elect their company, battalion, squad- holden upon ron, regimental or brigade officers, or shall elect such as refuse due notice giv to serve and perform the duties required of them by this act, person elected it shall be the duty of the commandant of the battalion, squad- refuses to serv ron, regiment, brigade, or division, to which such company, shall be detailbattalion, squadron, regiment, or brigade, may belong, to de-od to command tail a commissioned officer to command the same.

CONTESTED ELECTIONS.

a com. officer

and the man

Sec. 18. That if any candidate or elector chooses to contest the validity of any election held under the provisions of Who may con this act, as to the right of any person proclaimed duly elected test elections, an officer, he shall give notice thereof, in writing, to the officer ner of conduct who holds the election returns within ten days from the time ing such conof holding such election; and within said time and in like man- test. ner, he shall notify the person whose election he means to contest, expressing the point or points on which he means to rely; and the officer holding the election shall summon the parties, to appear at a certain time and place, which shall not exceed twenty days after the day of election, before a court over