TITLE II. OF THE ELECTION AND APPOINTMENT OF MILITIA OFFICERS, SEC. 1. What officers appointed by governor and senate; adjutant-general by governor. 3. Commander-in-chief to appoint his own aids and military secretary. 4. Commissary-general appointed by legislature for three years; how removed. 5. Copies of resolution appointing commissary-general, to whom to be sent. 9. Commissioned officers are to be commissioned by governor; how removed. 10. Serjeant-majors, &c., appointed by commanding officer of regiment, &c. 11 & 12. How vacancy in office of brigadier-general filled. 13. Vacancy in office of field officer, how filled. 14. Vacancy in office of captain or subaltern in any company, how filled. 15. Notices for an election, how served. 16. Officer issuing notice, to direct some person to serve it; return to be made. 17. Authentication of return. 18. Officer causing notice to be given, to preside at election. 19. If he do not attend, who to preside. 20. Presiding officer to give notice to persons elected; person to accept in ten days, or considered as declining. 21. After person elected signifies his acceptance, presiding officer to communicate his name to commanding officer. 22. When an officer in commission is elected to fill a vacancy, meeting to supply place of officer promoted. 23. Commanding officers of brigades to transmit names of persons elected, to commander in chief. 24. Persons aggrieved at an election, may appeal. 25. Officer appealed to, may order a new election. 26. Appeal lies from commandant of brigade, to commander-in-chief. 27. Commander-in-chief may make rules and regulations. 28. Commissioned officers to take oath. 29. Before whom oath taken. 30. Certificate of oath to be endorsed on commission. 31. No fee allowed for such oath. 32. A company may at any meeting elect non-commissioned officers. 33. Commandant of company to conduct election; to certify persons elected to 34. He is to decide upon legality of election, and issue warrants. 35. Commandants of companies may call special meetings, for election of non- 36. When a majority required, and when a plurality sufficient. 37, 38 & 39. Resignations, and the acceptances thereof. 40. On accepting a resignation, commander-in-chief to cause notice of an election. 41. When removal from bounds of command vacates office. 42. Qualification of voters. 43. Challenging voters. 44. Oath to be administered. 45. Notice that commission is ready, to be given. TITLE & [287] $1. All major-generals, brigade-inspectors, and chiefs of Officers the staff departments, except the adjutant-general and the appointed. commissary-general, are nominated by the governor, and appointed by him with the consent of the senate; the adjutantgeneral is appointed by the governor. Vacancy in office of S2. The resolution of the senate, concurring in any nomination made by the governor to a military office, shall be certified by the president and clerk of the senate, and be transmitted to the adjutant-general, who shall issue the commissions, and record the same in books to be provided by him. $ 3. The commander-in-chief shall appoint his own aids and military secretary. $ 4. The commissary-general is appointed by the legislature in the same manner in which the state officers are directed to be appointed in the third Title of the fifth Chapter of this act. He holds his office for three years, unless sooner removed by concurrent resolution. $5. A copy of the concurrent resolution of the senate and assembly, appointing the commissary-general, attested by the presiding officers and clerks of the respective houses, shall be immediately transmitted to the governor, and a duplicate thereof, attested in the same manner, to the adjutant-general. $6. The commissary-general shall not enter on the duties of his office, until he shall have taken the oath of office prescribed in the constitution. Such oath shall be taken before any officer authorised to administer the same oath to the attorney-general, within the same period, and subject to same regulations. The resignation of the commissary-general shall be tendered to the legislature, and be filed in the office of the secretary of state. $ 7. Captains, subalters and non-commissioned officers, are chosen by the written votes of their respective companies; field officers of regiments and separate battalions, by the written votes of the commissioned officers of their respective regiments and separate battalions; and brigadier-generals by the field officers of their respective brigades. $8. Major-generals, brigadier-generals and commanding officers of regiments or separate battalions, appoint the staff officers of their respective divisions, brigades, regiments or separate battalions. $9. The commissioned officers of the militia are commissioned by the governor; and no commissioned officer can be removed from office, unless by the senate on the recommendation of the governor, stating the grounds on which such removal is recommended; or by the decision of a court-martial pursuant to law. S 10. Sergeant-majors, quarter-master-sergeants, sergeant standard-bearers, drum-majors, fife-majors, and trumpetmajors, shall be appointed by the commanding officer of the regiment or separate battalion to which they shall belong, by warrant under the hand of such commanding officer, and shall hold their offices during his pleasure. Laws of 1835, ch. 304. $11. Whenever the office of a brigadier-general is vacant, brigadier. the commander-in-chief shall issue an order for an election to fill the vacancy; and shall designate a major-general, or some other proper officer, to preside at such election. TITLE 2. election. $ 12. The officer so designated, shall cause a written or Notice of printed notice to be served on each of the field officers of the brigade in which the vacancy exists, at least ten days previous to the election, specifying the time and place of holding such election. field officer. $ 13. Whenever the office of any field officer in any regi- Vacancy, ment or separate battalion, is vacant, the commanding officer of the brigade to which such regiment or separate battalion belongs, shall cause a written or printed notice to be served on each commissioned officer in such regiment or battalion, of an election to fill the vacancy. The notice shall specify the time and place of holding the election, and be served at least five days before such election shall take place. [289] captain or $ 14. Whenever the office of captain or subaltern in any company or troop is vacant, the commanding officer of the Vacancy. regiment or separate battalion to which such company or troop subaltern. belongs, shall cause a written or printed notice of an election to fill the vacancy, to be served on the members of such company or troop, at least three days before the election shall take place; and shall specify in such notice, the time and place of the election. notice. $ 15. All notices for any election shall be served on the Service of persons entitled to vote thereat, in the same manner as noncommissioned officers, musicians and privates, are warned to attend a parade. $16. The officer issuing the notice, shall designate some П. proper person or persons to serve the same, or to direct such service; and the person so designated, shall make a return of the persons notified, and of the manner of the service. $17. The return, if made by a commissioned officer, shall Return. be authenticated by his certificate on honor; if by a noncommissioned officer, by the oath of the person making such service. The oath may be administered by any magistrate, or by the officer issuing the notice. of officers, ducted. how con $18. The officer causing the notices to be given for any of Elections the aforesaid elections, shall attend at the time and place of holding such election; he shall organize the meeting, and preside thereat, and may, for sufficient cause, adjourn the same from time to time. $ 19. If the officer causing the notices to be given, shall not Ib. attend the meeting for the election, then the officer of highest rank present, or in case of an equality of rank between two or more, then such of them as a majority of the electors present shall choose, shall preside at such meeting, and the officer issuing such notices shall cause the proper evidence of service of such notices on all the electors to be delivered to such presiding officer, and at meetings for the election of company officers, the company roll, carefully revised, shall in like manner be delivered with such evidence, and if it shall TITLE 2. happen at any election for commissioned officers, that legal notice has not been given to all the persons entitled to vote thereat, the presiding officer shall adjourn the meeting, and cause such notice to be given. The presence of a person entitled to vote at any election shall be deemed a waiver of his right to take exception to the want of legal notice. Notice to be given to persons elected. Elections how con ducted. Laws of 1835, ch. 304. $20. The presiding officer at any election for commissioned officers shall keep the polls open at least one hour after the time appointed for holding the same. He shall then publicly canvass the votes received from the electors for the officers to be elected, and shall forthwith declare the result, and give notice to every person elected of his election. If such person shall not within ten days after being notified of his election, signify to such officer, his acceptance, he shall be considered as declining the office to which he shall have been chosen, and an election shall be held for a new choice. Laws of 1835, ch. 304. S21. Immediately after the person elected shall have signiof officers, fied his acceptance, the officer who shall have presided at the election, shall, in case of the election of a brigadier-general, communicate the same to the commander-in-chief; and in all other cases, if not himself the commanding officer of the brigade, shall certify to such commanding officer, the names of the persons duly elected. Ib. [290] Notice Appeal. Ib. Ib. S 22. If, at any election, an officer, then in commission, shall be elected to fill a vacancy, and shall not decline, the electors present, whether such officer be present or absent, shall proceed to elect a person to fill the place of the officer so promoted, if the officers or persons assembled at such meeting have authority to make the choice. $23. The commanding officers of brigades, shall transmit the names of all persons duly elected or appointed to offices in their respective brigades, and accepting the same, to the commander-in-chief, to the end that commissions may be issued to them. $ 24. Every person thinking himself aggrieved by the proceedings at any election for a commissioned officer, may appeal, if the election be for a brigadier-general, to the commander-in-chief, and in other cases, to the commanding officer of the brigade, to which such person belongs. $ 25. The officer appealed to, shall have power to administer oaths, and shall hear and determine the appeal; and if, in his opinion, the proceedings at such election are illegal, he shall declare the election void, and shall order an election to be held without delay for a new choice. S26. Any person concerned, may appeal from the decision of the commanding officer of the brigade, to the commanderin-chief, who shall hear and determine such appeal, and in case it shall be necessary, order a new election. TITLE 2 Rules as to $27. The commander-in-chief may make such rules and regulations, relative to appeals, as he shall deem necessary elections and proper, to give full effect to the provisions of the consti- and appeals tution, and of this Chapter. office. $28. Every officer duly commissioned shall within ten days Oath of after his commission shall be tendered to him, or within ten days after he shall be personally notified that the same is held in readiness for him by any superior officer, take and subscribe the oath prescribed in the constitution of this state; and in case of neglect or refusal to take such oath within the time mentioned he shall be deemed to have resigned said office, and a new election shall be forthwith ordered to fill his place. The neglect or refusal of an officer elect to take such oath shall be no excuse for neglect of duty until another shall be duly commissioned in his place. Laws of 1835, ch. 304. $29. Every commissioned officer shall take and subscribe . such oath, before a judge of some court of record in this state, county clerk, commissioner to take affidavits, or some general or field officer who has previously taken it himself, and who is hereby authorised to administer the same. $30. A certificate of the oath shall be endorsed, by the Ib. officer administering the same, on the commission. $31. No fee shall be received for administering any such . oath, or endorsing such certificate. elections. $32. Any company or troop, may, at any meeting thereof, other elect non-commissioned officers to fill any vacancy therein. 33. Such election shall be directed and conducted by the Ib. commanding officer of such company or troop, for the time being, who shall certify the names of the persons elected, to [291] the commanding officer of the regiment or separate battalion, to which the company or troop belongs. $34. Such commanding officer shall decide upon the n. legality of the election, and issue warrants to the persons duly elected. $35. The commandants of companies or troops may, when- . ever they deem it necessary, call a special meeting of their respective companies or troops, for an election of non-commissioned officers. and plural $36. A majority of the votes of all the persons present, at Majority an election of brigadier-general, shall be necessary to a choice; ity. in all other cases, a plurality shall be sufficient. tions. $37. The commanding officers of brigades, may accept the Resigna resignations of all commissioned officers in their respective brigades; but no resignation of any captain, or subaltern shall be accepted, until the same shall have been approved of by the commanding officer of the regiment, to which the officer so resigning may belong. No officer shall be permitted to resign his commission who shall be under arrest, or shall be returned to a court martial for any deficiency or delin |