the said Henry Peronneau and Benjamin Dart respectively, for the due A.D. 1776. execution of their office, to be delivered up and cancelled. counts of the III. And be it further ordained by the authority aforesaid, That the said Commissioners Gideon Dupont, Roger Smith and George Abbott Hall, Esqs. be, and to examine and they are hereby appointed, commissioners, and authorized and impowered audit the acto examine and audit all accounts and reckonings with James Reid, Esq. fate powder as the late powder receiver of this Colony, and to demand and receive receiver. from the said James Reid, all the monies and securities for money that shall be in his hands, power or possession, as powder receiver; and after examination and auditing of such accounts and receiving such monies and securities for money, the said commissioners are hereby directed and enjoined to make a return and report of the state of such accounts, and of the said monies, securities for money, and books, to the General Assembly of this Colony then sitting or next to sit, and to pay the monies which they shall so receive into the treasury of this Colony. G. G. POWELL, Speaker of the Legislative Council. In the Council Chamber, the 9th day of April, 1776. AN ACT TO PREVENT SEDITION, AND PUNISH INSURGENTS AND DISTURB No. 1017. ERS OF THE PUBLIC PEACE. WHEREAS, a horrid and unnatural war is now carried on by the Ministry and Parliament of Great Britain against the United Colonies of North America in general, and this Colony in particular, with a cruel and oppressive design of robbing the Colonies and good people of this Colony of their dearest and most valuable rights as freemen, and reducing them to a state of the most abject slavery and oppression; and whereas, also, Preamble. in order further to accomplish the said impious and unwarrantable designs, every means has been adopted, by a wicked Administration, to sow civil dissensions and animosities, and to create disorder, confusion and bloodshed amongst the good people of this Colony, by employing secret emissaries to stir up in the minds of wicked and evil-disposed persons, persuasions and principles inimical to the ties of humanity and the common rights of mankind, and thereby inducing them not only to disturb the common peace, safety and good order of this Colony, but to take up arms and spill the blood of their fellow-citizens, who are only acting in the defence of their lives, liberties and properties, against the murderous, hands of a lawless and despotiek power; to the intent, therefore, and in order the more effectually to preserve and secure the peace, order and good government of this Colony, and to deter and prevent such evil-minded persons from committing such offences, and all such other offences declared in this Act, to the great danger of the lives, liberties and properties of the inhabitants of this Colony, I. Be it enacted, by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the Colony of South Carolina, and by the honorable the Legislative Council and General Assembly of this Colony, and by the authority of the same, That if any person or persons within this Colony do or shall, from and immediately after the passing of this Act, causing others the Colonial Government, deemed guilty of felony. A. D. 1776. take up arms with a hostile intent, and by force and violence, or by words, deeds or writing, or any other means whatsoever, cause, induce or perPersons taking suade, or attempt to cause, induce or persuade, any other person or persons up arms, or with such hostile intent to take up arms, and by force and violence to opto do so,against pose and subvert the authority of the Government of this Colony, established by the Constitution agreed on and confirmed in Congress at Charlestown, on the twenty-sixth day of March, one thousand seven hundred and seventy-six; or to wound, maim or kill any person or persons, or destroy any of the houses, goods or chattels of any such person or persons who shall, under and by virtue of any authority of the said Government, be acting in support and defence of the same, or the execution of any power, authority or office derived therefrom, all and every of such person or persons, and the aider and abettor or aiders and abettors of such person or persons, so offending in either of the offences aforesaid, shall, on being indicted and convicted of the same by due course of law, be deemed and adjudged guilty of felony, and suffer death, without benefit of clergy. II. And be it further enacted by the authority aforesaid, That if any person or persons within this Colony shall, immediately after the passing of this Act, or at any time thereafter, by letter, writing, message, or other means of intelligence, hold any correspondence or intercourse, conspire clared felony, or concert, in any manner whatever, with, or aid or abet any land or naval force, raised or to be raised, or which shall be sent by Great Britain in a hostile manner against this Colony, or any other force or body of men within this Colony, who shall, in a hostile intent or manner, oppose the power and authority of the present Government of this Colony, established as aforesaid, with intent to promote the accomplishment of any hostile plan of operation designed by such force or forces, against the lives, liberties or properties of all or any of the inhabitants and friends to the constitution of this Colony, established as aforesaid, every such person or persons so offending in any of the said offences, shall, on being indicted and convicted thereof by due course of law, be deemed and adjudged guilty of felony, and suffer death, without benefit of clergy. Giving intelligence to or holding inter course with the enemy, de Supplying the enemy with bills of exchange, provisions, &c. felony. III. And be it enacted by the authority aforesaid, That if any person or persons within this Colony shall, immediately after the passing of this Act, or at any time thereafter, furnish or supply, or cause or procure to be furnished or supplied, with any bills of exchange, monies, goods, provisions, liquors or other necessary articles of subsistence, or any military or naval stores whatever, any of the land or naval forces, raised or to be raised or sent by Great Britain, or any authority derived from that Government, against this Colony, or shall, in like manner, furnish or supply, or cause to be furnished or supplied, any force or body of men who shall, in a hostile manner, oppose the Government of this Colony, established as aforesaid, every such person or persons so offending in either of the offences aforesaid, and the aider and abettor, or aiders and abettors of any of the said offences, shall, on being indicted and convicted thereof by due course of law, be deemed and adjudged guilty of felony, and suffer death, without benefit of clergy. IV. And be it further enacted by the authority aforesaid, That if any Exciting any person or persons within this Colony shall, at any time after the passperson to co- ing of this Act, compel, induce, persuade, or attempt to compel, induce or persuade, any white person or persons, or any free negro or negroes, deemed felony. mulatto or mulattoes, Indian or Indians, to desert from their habitation or habitations, or any negro or other slave or slaves to desert from his operate with the enemy, or their master, mistress or owner, and to join any land or naval force, A. D. 1776. raised or to be raised or sent by Great Britain, or any authority derived from that Government, against the United Colonies of America, or this Colony, or to join any person or persons armed in a hostile manner, with intent to oppose or subvert the Government of this Colony, established as aforesaid, or with intent of killing any person or persons, or destroying his, her or their goods or property, who shall be acting, or ready and willing to act, in support and defence of such Government, or any of the inhabitants of this Colony and friends to the same, every such person or persons so offending in any of the above offences, and all such as shall aid and abet the said offender or offenders in the perpetration and execution of any of the said offences, shall, on conviction thereof, by due course of law, be deemed and adjudged guilty of felony, and shall suffer death, without benefit of clergy. Provided always, nevertheless, that nothing Proviso. in this Act contained shall be construed or taken to prevent the good people of this Colony from arming of slaves or negroes, for the better defence of this Colony, against all enemies whatsoever, who shall invade or attack the same, or endanger the safety thereof. seditions, V. And be it further enacted by the authority aforesaid, That if any person or persons within this Colony shall, immediately after the passing of this Assembling to Act, or at any time thereafter, collect or assemble with any body or assembly disturb the of persons, or cause or procure them to be so collected and assembled, with peace or raise intent, in a riotous and seditious manner, to disturb the publick peace and tranquillity and the good order of the Government, and, by words or otherwise, to create and raise traitorous seditions or discontents in the minds of the good people of this Colony, against the authority of the present Government, established as aforesaid, every such person or persons Felony. so offending in any of the said offences shall, on conviction thereof, by due course of law, be deemed and adjudged guilty of felony. treasury. VI. And be it further enacted by the authority aforesaid, That the lands and tenements, goods and chattels, and other real and personal estate, of all Estates of such person or persons, who shall be duly convicted, by virtue of this Act, offenders to be forfeited, apof any of the crimes and offences thereby made felony, shall, within one praised, sold by month after such conviction, by the sheriff of each district respectively in sheriff, and dewhich such real or personal estate of the person or persons so convicted, posited in the or any part thereof, shall be found, with three freeholders of the said district, be appraised upon oath, and the said appraisement duly returned by the said sheriff of such district to the Secretary's office, in Charlestown, within one month after such appraisement made; and the said sheriff of such district, in which the appraisement is made as aforesaid, shall, within one month thereafter, expose such estate, so appraised, to public sale, first giving twenty-one days public notice of the sale; and shall, within three months after such sale, deposit the amount of the same, deducting legal poundage and charges, in the office of the colony treasury, in Charlestown; and the commissioners of the colony treasury, or any one of them, on receipt of such monies from the sheriff, as aforesaid, shall give a receipt or voucher for the same. sheriff's not executing this VII. And be it further enacted by the authority aforesaid, That if any sheriff or sheriffs, for any of the districts in this Colony, shall in any wise trans- Penalty on gress, or disobey or neglect the putting in execution any of the provisions or clauses in this Act, respecting their duty and office, every sheriff Act. so offending, disobeying or neglecting the same, shall forfeit his office, and incur the penalty of one thousand pounds current money, to be sued for and recovered by bill or plaint, in any court of record in this Colony, VOL. IV. 44. A.D. 1776. wherein no essoign, privilege, protection, or wager of law, or more than one imparlance, shall be allowed. from the sale of VIII. And be it further enacted by the authority aforesaid, That the Monies arising monies arising from the sale of all such estates as shall become forfeited estates, appro- by virtue of this Act, shall be appropriated for a fund, and become a repriated as a reprisal fund. prisal fund, for reimbursing all such losses and damages which have been or shall be sustained by any person or persons who have been, are, or shall be, engaged in opposition to the oppressive measures of the British Ministry, or the defence of the present established Constitution and the liberties of this Colony. bursement from this fund. IX. And be it further enacted by the authority aforesaid, That no person Method of ob- or persons shall be reimbursed, by virtue of this Act, for any losses or taining reimdamages sustained from persons acting in open hostility against the present constitution of government and the liberties of this Colony, unless the said reimbursement be, on application and oath made of the damages actually sustained, deemed just and reasonable, by the General Assembly of this Colony, or such other body or persons as the legislative body of this Colony shall appoint. Provided always, nevertheless, that such person or persons, to whom such reimbursement shall be thought reasonable, do first, before the receipt thereof, take and subscribe the oath of fidelity ordained in the present constitution, if such person or persons had not before taken and subscribed the same. X. And be it further enacted by the authority aforesaid, That the fines Appropriation and penalties to be incurred by virtue of this Act shall, upon recovery of fines and penalties. thereof, be paid into the colony treasury, to be applied to and for such uses and purposes as are hereinbefore mentioned. G. G. POWELL, Speaker of the Legislative Council. In the Council Chamber, the 11th day of April, 1776. Assented to: J. RUTLEDGE. No. 1018. AN ORDINANCE TO ASCERTAIN THE DUTIES OF A MUSTER MASTER GENERAL OF THE LAND AND NAVAL FORCES IN THE SERVICE OF THIS COLONY. Preamble. Duty of the WHEREAS, it is thought expedient to appoint a Muster Master General for the land and naval forces in the service of this Colony, and it is necessary that the duties of his office should be ascertained and fixed; I. Be it therefore ordained, by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the Colony of South Carona, and by the honorable the Legislative Council and General Assembly of this Colony, and by the authority of the same, That the Muster Master General, or his deputy, shall muster each respective regiment, independent company and detachment of the regular forces of this Colony, and each ship's crew in the service thereof, not less than once in every three months, nor oftener than once in every month, at the times he shall think most proper, he giving previous notice of such muster to the commanding officer of each regiment, independent company, detachment, and vessel; provided always, that the Muster Master General shall be particularly careful not to appoint such musters at times when it may be prejudicial A. D. 1776. to the service; and that if the President for the time being should think proper to fix the time or times for such muster, they shall be held according to his appointment, so that they be not made less than once in three months, or oftener than once in a month. Officers and II. And be it further ordained by the authority aforesaid, That if any of the officers, non-commissioned officers, or privates, shall be absent at privates absentthe time of holding the said muster, the muster master general or his ing from musdeputy shall enquire and notify the cause of such absence on the roll, and ter. shall be obliged to close the muster roll at the place and on the day of holding such muster. Commanding returns. III. And be it further ordained by the authority aforesaid, That the commanding officer of each regiment, independent company, and vessel, officers of the shall, once in every month, make a special return of the state of his regi- land and naval ment, independent company, or ship's crew, to the muster master general, forces to make and shall therein specify where the men are stationed; and the commissary general shall furnish the said muster master general, once a month, with an account of the quantity of rations drawn by each regiment and independent company; and the commissary for the naval department shall also furnish him, once a month, with an account of the quantity of provisions drawn by each ship's crew; and if the muster master general shall find that more rations or provisions have been drawn than what were necessary, he shall report the same forthwith to the President for the time being. IV. And be it further ordained by the authority aforesaid, That the muster master general, or his deputy, shall muster every detachment of militia that shall be draughted to Charlestown, or sent upon duty in any part of this colony. Militia muster. V. And be it further ordained by the authority aforesaid, That the muster master general, or his deputy, shall, at least once in every three months, Muster master general to return, upon oath, to the President for the time being, the state of the make returns to army and navy, as well with regard to the number of men, as with regard the president. to their arms and accoutrements. general to be VI. And be it further ordained by the authority aforesaid, That the muster master general shall be appointed by the Legislative Council and Muster master Assembly, jointly, by ballot, but that he may be removed or suspended by appointed by the President for the time being for mal-practice or neglect of duty, he the Council and Assembly. being first allowed to make his defence before the President; and the President for the time being is hereby impowered and authorized to appoint a muster master general, on such suspension or removal, in his stead, during the recess and until the meeting of the Legislative Council and General Assembly. rations. VII. And be it further ordained by the authority aforesaid, That the muster master general shall be allowed a daily pay of four pounds ten His pay and shillings, and two rations; and his deputy, to be appointed by himself and approved by the President for the time being, a daily pay of two pounds. and fifteen shillings, and two rations. G. G. POWELL, Speaker of the Legislative Council. In the Council Chamber, the 11th day of April, 1776. Assented to: J. RUTLEDGE. |