A. D. 1776. AN ACT FOR ESTABLISHING A BOARD OF COMMISSIONERS TO SUPERIN- No. 1023. WHEREAS, the naval preparations of the State of South Carolina may be carried on with greater expedition and success if proper persons Preamble. are appointed, particularly to superintend and direct the same, A board of I. Be it therefore enacted by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That Edward Blake, naval commisThomas Savage, Josiah Smith, jr. Thomas Corbett, Roger Smith, George sioners appoinAbbot Hall and George Smith, Esquires, shall be, and they are hereby, appointed and declared a board of commissioners for the purposes hereinafter mentioned; and that the said board shall, as soon as possible, assemble at such convenient time and place in Charlestown, as may be appointed by the person first named of the said board; and being so assembled, and hav A clerk to be ing taken an oath, to be administered to the member first named by any Commissioners two other members thereof, and afterwards by him to the rest of the board, to take an oath. well and faithfully to execute the duties of his or their office, shall proceed to the election of a person to preside over the board, who shall be · called first commissioner of the navy of the State of South Carolina; and the board shall also appoint a clerk, who shall likewise be sworn before the said commissioners well and faithfully to execute his office, and who, for appointed. his services, shall receive a salary of fourteen hundred pounds currency, per annum; and that the duty and business of the said clerk shall not only be to keep regular accounts and journals of all transactions relating to the said board, but shall also be obliged, once in every three months, or oftenerif found necessary, to go on board the several ships and other vessels of war in the service of this State, and shall then and there take an exact account of the several officers and seamen on board the said vessels, and shall then also pay off the wages due them respectively, taking proper receipts for the money so paid, and which are to be returned in ten days thereafter to the said board, attested upon oath by said clerk; and the said board shall have power to adjourn from time to time, and to such place or places as they, or a majority of them, shall think fit and convenient; and if any exi- Powers and gency should require an immediate meeting of the board, the first com- commissioners. missioner, and in case of his absence, any other member of the board, may convene the same and proceed to business, in the same manner as if such meeting had been holden at the time to which it was adjourned. Provided always, that a majority of the board shall have full power and authority to enter upon and execute the duties to the said commissioners by this Act assigned; and in case of the death, sickness or absence of the first commissioner, may choose any other member of the board to preside pro tempore. And the said commissioners, and each of them, are hereby required and commanded to cause an Act, passed the ninth day of April, one thousand seven hundred and seventy-six, entitled "An Act for the more effectual prevention of the desertion of the soldiers and sailors in the service of this State, and for the punishment of those who shall harbour and conceal them, or who shall purchase, receive or conceal the arms, clothes or accoutrements of deserters," to be duly and fully executed, in all respects whatsoever, so far as the said Act relates to sailors voluntarily entering VOL. IV.-45. duties of the A. D. 1776. board of commissioners. into the service of this State; and the said commissioners, and each of them, are hereby also further required and commanded to cause certain rules and articles for the government of the navy of South Carolina, established by Congress, on the twenty-fifth day of March, one thousand seven hundred and seventy-six, to be duly observed. II. And be it further enacted by the authority aforesaid, That the business Duties of the of the said board of commissioners shall be to superintend and direct the building, buying or hiring of all vessels whatsoever, that shall be directed to be built, bought or hired by the legislative authority of this State, or the President and Privy Council for the time being, during the recess of the General Assembly, whether such as are employed for the immediate annoyance of the enemy, or for the transporting merchandize on account of the State, as for the expediting or transporting troops over rivers, or conveying stores or materials for any of the out-posts or garrisons of the State; also to direct the outfits of the same, and the furnishing them with necessary ordnance, victualling, provisions and naval stores; and, under the direction and authority aforesaid, to erect public ropewalks and ship-yards, to contract with workmen, builders or other persons for these purposes, to provide quantities of timber for ship building. To audit all accounts, nom- III. And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, shall audit and pass all accounts of the expenditure of money, howsoever incurred, in the naval department; recommend fit and proper persons to the Legislative Council and General Assembly, and during their recess to the President, to fill vacancies in the navy or marine, who, when approved of, are to be commissioned by the President for the time being; inform themselves of the state of the navy, as often as possible, by requiring proper returns from the officers thereof; draw warrants upon the treasury for the sums of money necessary for the purposes aforesaid; keep an accurate account thereof, and cause all their proceedings to be fairly recorded, and hold them in readiness to be laid before the legislative council and General Assembly, when thereto required. And the said.commissioners, or a majority of them, shall, with the concurrence of the President and Privy Council, have power to remove absolutely or suspend any officer in the naval department, for neglect of duty or misbehaviour; any law, resolution, rule or article of Congress to the contrary thereof in any wise notwithstanding. IV. And be it further enacted by the authority aforesaid, That the said And regulate commissioners, or a majority of them, shall have full power and authority all matters ap- to superintend and direct all matters and things whatsoever to the navy of pertaining to the navy. this State in any wise relating. Provided always, that nothing herein contained shall be construed to impower the said commissioners, or any of them, to alter or make void any contract heretofore made by the President, with the advice of the Privy Council, with any person or persons whatsoever, for building of ships or other vessels for the use of this State. dying, &c. V. And be it further enacted by the authority aforesaid, That in case of Commissioners the death, removing from the State, or refusing to act, of any of the said commissioners, that then another or others shall be appointed, in his or their place or places, by the Legislative Council and General Assembly, if sitting, jointly, by ballot, or, in their recess, by the President, with the concurrence of the Privy Council for the time being; and the commissioners so named shall have all the powers and authority of those hereinbefore first mentioned. VI. And be it further enacted by the authority aforesaid, That this A. D. 1776. Act shall continue and be of force for and during the term and space of two years from the passing thereof. THOS. SHUBRICK, Speaker of the Legislative Council. In the Council Chamber, the 8th day of October, 1776. Assented to: J. RUTLEDGE. AN ORDINANCE FOR PROVIDING JURIES FOR BEAUFORT DISTRICT, AT No. 1024. THE NEXT NOVEMBER COURTS. WHEREAS, at the late courts of General Sessions of the Peace, Oyer and Terminer, Assize and General Goal Delivery, and Common Pleas, holden at Beaufort, for the district of Beaufort, on the sixth day of May last, a grand jury and petit jury for the said court of General Sessions of the Peace, and a jury for the said Court of Common Pleas, to be holden respectively on the thirtieth day of November next, were not then drawn as usual; and whereas, it is necessary, in order to have legal juries at the said courts respectively, to be holden at Beaufort in November next, as aforesaid, that authority be given as is hereinafter mentioned; Preamble. to attend the term. I. Be it therefore ordained, by His Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That all and singular the Former jurors jurors and juries summoned to attend the Court of General Sessions and courts at Beauthe Court of Common Pleas, at Beaufort, for the district of Beaufort, in fort for the next May last, shall, on receiving a special notice from the sheriff of the said district for that purpose, duly attend and serve as jurors at the said court of Sessions and court of Common Pleas, to be holden at Beaufort, on the thirtieth day of November next, under such pains and penalties as are mentioned and prescribed in the Jury Act, and the Act for establishing circuit courts. And all and singular the said jurors are hereby fully authorized, impowered and required to sit and act as jurors in the said courts respectively; and their verdicts are to be deemed and taken, and are hereby declared to be, legal and valid, to all intents and purposes, and in as full and effectual a manner as if the said jurors had been duly summoned, according to the directions and in manner as declared by the several Acts of Assembly in such case heretofore made. THOS. SHUBRICK, Speaker of the Legislative Council. In the Council Chamber, the 8th day of October, 1776. Assented to: J. RUTLEDGE. A.D. 1776. No. 1025. AN ORDINANCE to direct the manner of procuring Negroes to be employed in the publick service. (Passed October 9th, 1776. See last volume.) No. 1026. AN ACT ESTABLISHING A PROPER OATH OF QUALIFICATION TO BE TAKEN BY THE Members of the GENERAL ASSEMBLY; DIRECTING THE METHOD OF CHOOSING PAROCHIAL AND DISTRICT COMMITTEES; FOR AUTHORIZING THE RETURNING OFFICERS OF THE PARISH OF ST. DAVID TO HOLD THEIR ELECTIONS ONE DAY AT THE CHURCH AND ONE DAY AT THE Court House; Preamble. Part of the AND FOR OTHER PURPOSES THERIN MENTIONED. WHEREAS, the independency of this State hath rendered it absolutely necessary to change the form of the oaths prescribed by the Election Act to be taken by the members of the General Assembly; I. Be it enacted, by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of this State, and by the authority of the same, That the eighth, ninth and nineteenth former Election clauses of an Act of the General Assembly, éntitled 'An Act to ascertain Act repealed. the manner and form of electing members to represent the inhabitants of this State in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing or being chosen members of the said House," be, and they are hereby repealed, and declared to be null and void. II. And be it further enacted by the authority aforesaid, That every Qualifications person who shall be elected and returned, as is directed by the Constituof members of tion and the said Election Act, to serve as a member of the General Assembly. Assembly of this State, shall be qualified as followeth : he shall be a free white man, professing the Protestant religion, and a subject of this State, that hath attained to the age of twenty-one years, and hath been resident in this State for twelve months before the time of his election, and having in this State a settled plantation or freehold, in his own right, of at least five hundred acres of land and ten slaves, or has, in his own proper person and in his own right, to the value of one thousand pounds in houses, buildings, town lots or other lands, in any part of this State, over and above the amount of his just debts. Oath to be bers of Assem III. And be it further enacted by the authority aforesaid, That any of the justices of peace of this State, returned to serve as a member of the taken by Mem- said General Assembly, shall read over to the rest of the members returned bly. to serve in the said House, before they be admitted to sit as such, the last mentioned qualifying clause; and then each member, before he be admitted to sit as such in the said House, shall take the following oath or affirmation : I, A. B., do sincerely swear or affirm (as the case may be) according to the form of my profession, that I am duly qualified to be chosen and serve as a member of the General Assembly of this State for the parish or district of -, according to the true intent and meaning of the Constitution, agreed on the twenty-sixth day of March, one thousand seven hundred and seventy-six, and this Act: So help me God." IV. And whereas, the great extent of the parish of St. David's, renders A.D. 1776. it exceedingly inconvenient for all the inhabitants thereof to attend the election at the parish church, and it would greatly conduce to their ease if Elections in the the election was held one day at the court house in the said parish, and parish of Saint David, how to the other day at the parish church thereof; Be it therefore further enacted be held. by the authority aforesaid, That the returning officers of the said parish of St. David's shall be, and they are hereby, authorized and required to hold the election for members for the said parish on the first day of election at the court house, and the second day of the election at the church, within the said parish; and in every other particular strictly adhere to and follow the directions of the Constitution and Election Act respecting the election of members; of which alteration in the election for the said parish the returning officers shall give immediate notice to the inhabitants thereof. Members of the General to take the oath of fidelity. V. And be it further enacted by the authority aforesaid, That neither the members of the General Assembly, churchwardens, vestrymen, justices of the peace, nor any other officers within this State, shall hereafter be Assembly, &c. obliged to take the oaths heretofore commonly called the State oaths, or make and subscribe the declaration prescribed or directed to be made by any Acts of the General Assembly of this State, by any such officers, antecedent to the present Constitution or form of government; but instead thereof, the members of the General Assembly respectively, at the time of their taking the oath of qualification aforesaid, shall, before the same justice of the peace, take the following oath or affirmation of fidelity to this State, viz: "I, A. B., do swear or affirm that I will, to the utmost of my power, support, maintain and defend the constitution of South Carolina, as established by Congress, on the twenty-sixth day of March, one thousand seven hundred and seventy-six, until the legislative authority of this State. shall determine otherwise." administered to Parochial and district com VI. And be it further enacted by the authority aforesaid, That all churchwardens or other persons, who shall hereafter manage the elections for The oath of members to represent the several parishes or districts respectively within fidelity may be this State, shall, and they are hereby authorized and impowered, before electors. they receive the vote from any elector, who they suspect and believe has not taken the oath of fidelity to this State, administer the same to all and every such elector or electors; and in case he or they shall refuse to take the said oath, he or they shall not be permitted to give his or their vote. VII. And be it further enacted by the authority aforesaid, That on the particular days appointed by law for electing members of the General Assembly, by the constitution of this State, there shall also be elected and mittees to be chosen by ballot, in the same manner as is directed and appointed for the chosen. election of representatives, parochial and district committees for the several parishes and districts in this State; which said committees respectively shall consist of the like number of members as have been heretofore chosen and appointed in the several parishes and districts respectively; and the churchwardens of the several parishes and districts respectively, and the persons appointed to manage elections where there are no churchwardens, at the same time they make a return to the General Assembly of the members chosen and elected to serve in General Assembly, shall also make return of the members elected and chosen for committees throughout the State, respectively; and the said committees respectively shall do and perform the several matters and things enjoined and required of them by any order now in force of the continental or provincial congresses, or which may hereafter be enjoined or required of them by any order of the Continental Congress or Act of Assembly of this State. |