Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-07-02
WHOLE No. 535.
.4ppointm,ni of non commissioned Oflesrs.

appointment Of non commissioned Oficsrs.
! Sec. i2. Non commissioned officers shall
be sppolnted as follower
/ Sergeant mnJors, sergeant quarter Was
/, ters, drum MAJORS, and fife majors, OF reg,'
mcnts, by The commanding officers OF tllsr
regiments.
Non commissioned officers Of companies,
by ihe captains Of their respective comp,-
mos, who shall forthwith raturn tiro names ~
i the sans 10 wiring to the cominandn. 9TH
Ger of the regiment.
Sec. H. All commissions for officers shall
be signed and issued by the coIpmander-ln-
! chief.
\ Warrants for non commissioned officers
shall bs signed and issued by the colonels of
tho regiments, respectively.
i Sec. Ia. No idiot, lunstic, common drunk.
! ard, vagabond, pauper, nor person -conylcteJ
/ Of any infamous crime, nor ony other Than
able bodied white male citizens, shall be eli
gb.c to any military office aud whenever
3 il shall appear to the commnndcr.in.chief.
that any person thus declared ineligible haI
been elected as commanding or subnlierr
officer in any company, he shnll not comnlis.
I, sion such person, and shall declare such elee@
ton null and void, and shall order new
election, or appoint some person TO MI The
vacancy, "a he may Judge cxpedlant; aud w
person shall be eligible 80 the office Of MAJOR
general, unless ii be one of the acting hriya'
/ der generals or, If neither OF them will ac-
] cept, then somo one who has filed the ofiicD
I of brigadier general, and been hcnorably dis
charged
\ Soc. I5 Al commissioned officers Of the
same grade, shall take rank according TO the
re.pt civ dates Of their commissions; aud
when two, or more, Of the sains grade beor
H.. 4 a. l..nL L..
! by lot, 10 be drawn by them before he cow-
mnndng oiliccr Of the DIVISION brigade, rcgi-
nlent, company or detachment, or The prcs'.
dent oi o court martial as the cssc may be.
Tho day of election or appointment Of my
officer shall be the date Of his commission
and whenever he shall be Transferred to On.
other corps or station, Of the same grade, tho
dato of his original commission or appoint
nient shall bs the date Of his commission.
\ Sec. l6. Whenever any officer shall
lose his commission. ne shall be entitled to u
duplicate commission, of the same grade aud
date, on his affidavit made before n jnstlcs
of any court in this State, on application 10
l5e commander.i IN chief.
Sec. ~. Any person elected major gens-
raj, shall be for,hw h noti6ed OF his election
by the Secretary Of State and shall, within
twenty days after such nolice, signify to ths
secretary his acceptance OF snit oiiice, Dy
shall he considered az having dscllned.
4 Sec. lS Each company shall meet on tha
first Monday in April IN each year, 10 elect
,le captain aud suba|tern officers OF said
company and ~ case Of vacancy in either
Office, il shall be the duty of the coionSl or
commanding officer OF the regiment 10 which
sand company belongs, to order meeting Of
said company at an early day. to hii said va
cancy: mud any person elected TO either of
suid Offices. shall signify his acceptance "s
tho Office to the commanding officer of the
| regiment, within twenty days OF his ssId eiec-
iion or he shall be deemed TO have refused
sold appointment The order Of the COM
mandng officer Of m" regiment for meeting
Of the company To fill a vacancy, shall be d.
rccted TO the highest commissioned or non
! commissioned officer in said company: end
/ in case there shall b. no commissioned or
! non commissioned officer in said company,
! said order shall be directed to any mem
bcr Of said company whose power To warn
said company shnl! be valid and lawful and
he shall preside at the election.
N Sec. ~. In case any company shall neg
lect or refuse to elect some person TO fll
! vncnnt office, tho commander. in chief shall
! appoint some suitable person to 6ll the same,
upon being notified by the colonel or COM
manti"a officer Of the regiment, Of such ne
gloct or refusal TO elect.
/, Sec. 20. When a company has been new
~ enrolled, or from any came, " without
commissioned officers, the commanding ofi-
Ger OF the regiment may order an election OF
officers tor the same.
Sec. 81. All commissions sbo,l BIZ deliver
cd to the major general, and by him be dor
hvered, through the proper officers. TO tbc
persons for whom they were intended
+ Sec. o. All brigade or field officers In
whom commissions shall be sent or delivered
by 'he major general, shsli signify To him
their acceptance or refusal OF sncb Office, WITH
in thirty DAYS after the receipt OF the COM
mission: aud in case Of refusal, the some
1 shall be communicated TO the secretary Of
State, by the major general.
Sec. %. No candidate for election 10 OF
fee in the militia shall treat the electors with
ardent sprlts, either pending, during or after
i said election.
n Sec. "a. No officer, non. commissioned OF.
Gcer. or private shall he arrested on any civil
process, while going tn, returning sro,n, or re-
maining at. any place NJ which he shall hare
/ been ordered 10 uttcud, for the election OF any
mllitory otiicer,or lhe performance Of any mili-
tary duty.
! Officers, hotc qtn'Jfed
II Sec. % Each commss ioncd officer, befoye
! he shall enter on the discharge Of the duties
of his office shall tako and subscribe to the fol-
lowing oath and declarations, before song
Justice of the peace, or other magistrate, or
town clerk on the back of each commission
tho following form Of the oath shall be print.
! ed, 70 wit:
"I, do eolcmnly swear Tor sHrn)
that I will bcss true faith and allegiance 10
the State OF Rhode Island and Providence
! Plantations that will support the cons,itp-
/ ion and laws thereof and the constitution and
| laws Of the United STATES and that J wiz
faithfully and impnrtially discharge oil tho
duties incumbent upon ma as
b according ,o my abilities and understanding,
/ according 10 the laws Of this State, aud oftbs
United States So help me God" (Os, "tbs
! 4 promise Oh The pains aud penalties OF per.
jury.")
On tho back or cuch commission, the fol'
lowing form of cerlibro'c shall be printed,
and signed by the pcrson before whom eueh
|, officor shall be qualified; 10 witt
"This my certify. that compIs-
, stoned within banned, appeared before ma
This day of a. y. aud
took and Subscribed by the laws OF This State,
and of the United s,sios, before me"
[SiRned, &c. '
OTrers hor discharged