Journal of the General assembly of South Carolina, September 17, 1776 ...

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PROPERTY OF

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JOURNAL

OF THE

General Assembly

OF

SOUTH CAROLINA

September 17, 1776-October 20, 1776

Edited by

A. S. SALLEY, JR.

Secretary of the Historical Commission of South Carolina

Printed for

THE HISTORICAL COMMISSION OF SOUTH CAROLINA

By The State Company, Colambia, S. C.

1909

South Carolina

Tuesday the 17th Day of September 1776
The General Assembly being adjourned to the First Day of Octo-
ber next But His Excellency the President and Commander in Chief
having thought fit to call the same by the following Proclamation
viz:

By His Excellency John Rutledge Esquire President
and Commander in Chief of South Carolina

A Proclamation
Whereas it appears to me necessary for the Public Service to call
the General Assembly and Legislative Council before the Time to
which they stand adjourned I have therefore thought fit to issue this
Proclamation requiring them and they are hereby required to meet
at Charles-Town on Tuesday the Seventeenth Day of September
next then and there to sit for the Dispatch of divers weighty and
important affairs

Given under my , Hand and the Seal
of South-Carolina at Charles-Town
this 1 2th Day of August Anno Domo-
ni 1776.

John Rutledge
By His Excellency's Command
John Huger Secretary

Thirty-eight Members met on this Day But they not being a Suffi-
cient Number to proceed upon Business.

M^ Speaker adjourned the Meeting of the House till To-morrow
Morning Nine of the Qock

Wednesday the i8th Day of September 1776

The House met according to adjournment

M^. Speaker having issued Writs dated the i**. Day of August for
electing Members of this House to fill the Seats that had been
vacated by Acceptance of Places and otherwise the following
Returns were now made of the Election

Of Alexander Moultrie, Josiah Smith Junior, Geotge Abbot
Hall, John Ernest Poyas, Peter Timothy, John Webb, Thomas Jones,
Arthur Middleton, Edward Rutledge, Nicholas Eveleigh, and Joshua
Ward Esquires, for the Parishes of St Philip and St Michael
Charles Town.

Of Richard Park Stobo Esquire for the Parish of St Andrew.
Of George Livingston Esquire for the Parish of St Paul.
Of Keating Simons Esquire for the Parish of St James Goose-
Creek.

Of Daniel Ravenell Esquire for the Parish of 'St John in Berkley
County

Of John Matthews and John Waring Esquires for the Parish of
St George-Dorchester.

Of Joshua Toomer and Levi Durand Esquires for the Parish of
Christ-Church.

Of Colonel Willam Moultrie for the Parish of St Helena.

Of the Reverend Robert Smith Thomas Screven and Hopson
Pinckney Esquires for the Parish of St Thomas & St Dennis.

Of Levi Durand Esquire for the Parish of St James Santee.

Of John Withers Esquire for the Parish of Prince George
Winyah.

Of Thomas Sumpter and William Richardson Esquires for the
District to the Eastward of the Wateree River.

The following Gentlemen then look the Oath prescribed by the
Constitution and their Seats as Members of the House viz : Joshua
Ward, George Livingston, John Earnest Poyas, John Withers,
Thomas Jones, Nicholas Eveleigh, Josiah Smith Juhior, Amoldus
Vanderhorst, Elias Ball Junior, Benjamin Waring, William Bris-
bane, Ralph Izard, George King, George Robitison John Colling
George Abbot Hall John Webb and John Matthews Esquires.
. Levi Durand Esquire returned duly elected in Two Parishes
Christ Church and St James Santee made his Election for the
former then took the Oath prescribed by the Constitution and his
Seat as a Member.

M*" Speaker Acquainted the House that he had received a Letter
from Peter Timothy requesting Leave to resign the Place of Clerk
to this House which Letter M^ Speaker read to the House in the
words following,

Honourable Sir,

As I engaged, and took an active Part, in the present struggle
of America to preserve its Rights, from Principle, and even without
a distant View to advance my private Interest; so I accepted the
unsolicited aiid unexpected Honour conferred upon me, by the
unanimous Voice of the present General Assembly, in their appoint-
ment of me for their Clerk, as a public acknowledgement that my
former Conduct in the Station of Secretary to the several Congresses

liad at least been irreproachable — an4 I have endeavoured to dis-
charge the last Duty to which I was appointed with equal Fidelity
so far as my circumscribed abilities would allow.

But having since received the most honourable Testimony from
my Fellow-Citizens, also, of their approbation of my Conduct as a
member by re-electing me one of the Representatives of this metrop-
olis, notwithstanding my haying been appointed to a Place of Emolu-
ment; and as it may be impossible for m^ to discharge with Pro-
priety and Satisfaction the Duties both of a Member and Clerk, I
think it incumbent on me to give a Preference to the last Election,
and obey the summons I have seen affixed to the Church-Door.

I do therefore beg Leave to request that my Resignation of the
Place of Clerk to the General Assembly may be accepted, and that
your Honour will do me the Favour to deliver my most grateful
Thanks to the House as well for the favourable Opinion they have
been pleased to entertain of me as for the Indulgences they have
shewn to my Imperfections ; I have the Honour to be Sir with great
Respect

Your most obedient & most Humble Serv*.

Peter Timothy
Charles-Town
J 7th September 1776

Whereupon it was moved and

Ordered That M^ Timothy be sent for and acquainted by the
Speaker That the House had Experience of his Integrity and Ability,
so they did not incline to accept of his Resignation but desired and
expected that he would continue to act as their Qerk at least during
the present Session as the Time would be but short.

M^. Timothy attending, and being informed accordingly He
declared his Obligation to the House for the favourable Opinion they
were pleased to have of him and that in Compliance with the Expec-
tation of the House, whose Commands he was always ready to obey,
he would continue to execute, to the best of his Power, the Duty of
Clerk; provided it was not expected, that his Continuance in that
Office should prevent his qualifying and taking his seat as a member

Which the House acquiescing in; M^ Timothy took his Place as
Qerk, and afterwards qualifyed as a member

On Motion

Resolved That the Admission of the present Clerk of this House
to act in that Capacity and at the same to sit as a member shall not
be drawn into Precedent.

Ordered That Colonel Horry and M*". William Skirving do wait
on the President and acquaint His Excellency that the House is met.

Ordered That all the Committees who were appointed during the
last sitting of the General Assembly and have not yet reported be
revived.

Colonel Horry reported That M^ Skirving and himself had
attended the President with the message they had in Charge And
that His Excellency was pleased to say the House should hear from
him.

A Petition of William Scott Junior was presented to the House
and read in the words following vizt.

That the Petitioner together with Jonathan Scott Clement Lam-
prier Hugh Rutledge Levi Durand and Joshua Toomer Esquires
were Candidates at the Election lately held in the Parish of Christ-
Church for the choosing of Two members to sit in the General
Assembly in the Room of His Excellency the President and Captain
Lamprier

That at the Qose of the Poll at the said Election and examining
the Votes there appeared to be Thirty Votes for Joshua Toomer
Twenty Seven Votes Part whereof were for William Scott and Part
for William Scott Junior and Twenty-five Votes for Levi Durand
and thereupon the Petitioner (who was at the Election) and Joshua
Toomer were declared duly elected and complimented thereupon by
several of the Electors.

That after such Declaration a Scrutiny was demanded and the
Votes severally again looked over and some of them which were
given in for the Petitioner appearing without the Word Junior
thereto the Church Wardens were thereupon pleased to declare Levi
Durand Esquire with Joshua Toomer Esquire duly elected and have
returned the said Gentlemen accordingly

That the Petitioner conceives himself injured by such Return as
he presumes he was duly elected by having more Votes than Levi
Durand Esquire although the word Junior was omitted in some of
them there being no other Person of his name who had offered him-
self as a Candidate or any of his name in this Country to his knowl-
edge but his Uncle William Scott Esquire who is already a member
of this Honourable House — And as the Electors who voted for the
Petitioner are ready to testify that although they left out the word
Junior they meant to vote for him Your Petitioner therefore humbly
prays this Honourable Hbuse to take his Case into Consideration
and grant him such Relief therein as may appear Just

Ordered That the said Petition be referred to a Committee on
Priviledges and Elections

Ordered That the following Gentlemen be a Committee on Privi-
ledges and Elections (viz) Colonel Pinckney M"" Justice Matthews
Reverend M^ Tennent Captain Vanderhorst M*" De Saussure Hon-
ourable M*" Edwards Colonel Horry M^ Young and M"" Williamson

The House being informed That the Honourable Thomas Bee
and the Honourable David Oliphant Esquires had been appointed to
Places of Emolument whereby their Seats in the Legislative Council
were vacated, Therefore

Resolved That this House will To-morrow morning proceed to
ballot for Two members of the Legislative Council in the Room of
the Honourable M*" Bee and the Honourable M^ Oliphant

M^ Speaker informed th^ House that he had received a Letter
addressed to them which he had not opened,

And the said Letter being received, opened and read was from
Joseph Turpin Commander of the armed Brigantine Comet belong-
ing to this St^te dated Charles Town i6th September. 1776.

Ordered That the said Letter do lie on the Table for the Perusal
of the members

A Memorial of Richard Pearis was presented to the House and
read in the words following

That the memorialist sometime past was released from Confine-
ment took the Test Oath also the Oath of Fidelity as appear by a
Certificate signed by His Excellency recommending him to all good
People.

That the memorialist set out on his Journey towards Home but to
his great Surprize found himself ruined by means of Colonel Thomas
and his Party who burnt and destroyed his Hbuses, Mills, Grain and
Furniture, his negroes and stocks of Cattle sold and the spoil dis-
tributed amongst him and his men whose Cruelty extended so far
as to strip M". Pearis and Family leaving them with only Part of
their Apparel and then to shift for themselves.

That the memorialist having furnished himself with vouchers and
testimonial Proofs respecting his Grievance. Therefore most humbly
prays that Order might be made for restoring his negroes and stocks
of Cattle and with Regard to all other Damage the memorialist sub-
mits to your serious Consideration praying such Relief in the Prem-
ises as you, in your wisdom shall deem meet

Ordered That the said memorial' be referred to the following
Committee (viz) Colonel Gervais, M^ Robinson, M^ Collins

8

And then the House adjourned till To-morrow morning nine of
the Clock.

Thursday the 19th Day of September. 1776

The House met according to adjournment

Read the Journal of yesterdays proceedings,

Henry William Harrington & George Hicks Esquires were *
returned duly elected members of this House ^f or the Parish of Saint
David.

M^ Pegues, M>- Stobo, M*" Hicks, M^ Attorney General M^ Philip
Smith and M^. Sally took the Oath prescribed by the Constitution
and their Seats as members of the House

The House according to their Resolve of Yesterday proceeded to
ballot for Two members of the Legislative Council in the Room of
the Honble M"" Bee and the Honourable M^. Oliphant, the former
having been elected a Judge and the latter appointed Director-Gen-
eral of the Hospitals '

And the Ballots being cast up,

M*" Speaker reported That Thomas Fuller and E>aniel Horry
Esquires were duly elected by majority of Votes.

The Honourable Rawlins Lowndes Esquire attending took the
Oath prescribed by the Constitution and his Seat as a member of
this House declining to take the Seat to which he had been elected
in the Legislative Council

Resolved That this House will immediately proceed to the Elec-
tion of another member of the Legislative Council in the Room of
the Honourable M^. Lowndes

The House proceed to ballot accordingly

And the Ballots being Reckoned

M^ Speaker reported That John Parker Esquire was duly elected
a member of the Legislative Council in the Room of the Honourable
M"",, Lowndes

Ordered That a Copy of the minutes of the foregoing Elections
be made out, signed by the Speaker, and delivered to the Gentlemen
elected.

Message from the President by the Master in Chancery

M*" Speaker

His Excellency the President desires the attendance of this
House in the Council Chamber immediately.

And the messenger withdrew^

M^ Speaker with the House waited upon His Excellency accord-
ingly.

And being returned, M*" Speaker reported That this House having
waited upon the President in the Council Chamber His Excellency
had been pleased to make a speech of which he had obtained a Copy
in the following words.

Honourable Gentlemen of the Legislative Council

M^ Speaker and Gentlemen of the General Assembly.

I think it my Duty to pay this Tribute of applause to those brave
Troops who in repelling the formidable British Armament which
attacked them on Sullivants Island vainly flattering themselves with
an assurance of easy conquest displayed a Firmness and Intrepidity,
that would have reflected Honour on Roman Veterans, and I most
heartily congratulate you on their heroic Behaviour.

It is an auspicious Presage of what may be expected from the
Valour of our other Troops, when Theirs shall be the Post of Dan-
ger, as it demonstrates that men animated by an ardent Zeal for the
Sacred Liberties of their Country, and trusting in the Divine sup-
port, are capable of the most glorious Atchievements.

The Cherokee Indians having committed such barbarous acts of
Hostility as threatened Desolation to the Frontier Settlements at a
Time when the Enemy lay in view of this Town, and an attack on it
was daily expected, a considerable Force was immediately sent into
that Nation to obtain Satisfaction for their cruel Outrages by acting
with the greatest Vigour — Our people have behaved with much
Spirit — It has pleased God to grant very signal Success to their
Operations, and I hope by His Blessing on our Arms and those of
North Carolina and Virginia, from whom I have Promises of aid,
an End may soon be put to this War.

Since your last meeting the Continental Congress have declared
the United Colonies Free and Independent States absolved from
Allegience to the British Crown and the Political Connexion between
them and Great Britain totally dissolved — an Event which necessity
had rendered not only Justifiable but unavoidable — This Declaration
and Several Resolves of that Honourable Body received during your
Recess shall be laid before you — I doubt not you will take such
measures as. may be necessary in Consequence of them.

A well regulated Militia being essential to the Preservation of our
Freedom I am persuaded you will think wrth me that your Time
cannot be better employed than in framing a Law for making such
Improvements in the militia as may produce the most beneficial Con-
sequences.

lO

It is not improbable that at the Season appointed for the meeting
of the next Assembly the Business of Legislation must yield to that
of a different nature and it behoves us to employ this Time of the
Enemy's Absence in making the best Preparations for Defence and
enacting such Laws as the present Exigencies demand — I have
therefore thought it for the Public Service to call you together now
that you may deliberate on those matters which tend to the Interest
and Security of the State

I shall propose what in the Course of your Session appear so to
me and be happy in receiving your Advice on and concurring with
you in any that may effect those important Objects.

John Rutledge
September 19th. 1776

Message from the President by the Master in Chancery,

M' Speaker and Gentlemen of the General Assembly,

I send you the Resolves of Congress which I promised to lay
before you — also a Letter from the Delegates of this State relative to
the East-India Tea in the Cellars under the Exchange

And I recommend it to you to consider whether it will not be
expedient to dispose of this Tea, and apply the money arising from
the sale of it towards defraying the Public Expences

John Rutledge
September 19th. 1776

The Papers accompanying the foregoing Message were

Letter from the Delegates of this State in the Continental Congress
dated Philadelphia 9th July 1776, inclosing.

Resolves of Congress of 2Gth December 1775, 17th February 14th
March 23d and 25th March 6th April, Order of the Continental
Board of Treasury of 7th May Resolves of Congress of i8th 19th
24th and 26th June the Declaration of Independence 4th July and
Resolves of Congress of 4th and 5th July 1776 Also

Another Letter from the Delegates dated Philadelphia 25th July
inclosing

A Letter from the Honourable John Hancock President of Con-
gress to His Excellency the President of this State dated Philadel-
phia 24th July 1776 — inclosing Resolyes of Congress of that Date
Also

Another Resolve of Congress 24th July 1776

Ordered That the Speech this Day delivered to both Houses by
His Excellency the President, and also His Excellency's Message of
this Date be referred to the following Committee, (viz) the Hon-

II

ourable M^ Lowndes, Colonel Pinckney, M*". Attorney General, the
Reverend M"" Tennent, the Honourable M*" Edwards, M^. Neufville,
Colonel Motte, M^. Philip Smith, and Captain Roger Smith

M**. Pegues informed the House that the small-Pox having broke
out among the Drivers or Passengers in some Waggons from Phil-
adelphia in the Service of M*" John Mkchell of Meldrum arrived
in the Frontiers of this State some Committees had thought it neces-
sary to take measures for preventing that Infection being brought or
spread in this Country but were desirous of being indemnified in
what they had done and to be authorized by the General Assembly
to pursue any further measures tfiat might be necessary.

Ordered That the information laid' before this House by M*"
Pegues be referred to the following Committee (viz) M*" Loocock
Major Hicks M^ Josiah Smith Junior M*". Withers and M*" Young
And that they do report thereon as soon as may be

And then the House adjourned till To-morrow-morning nine of
the Clock.

Friday the 20th Day of September. 1776

The House met according to adjournment

Read the Journal of Yesterday's Proceedings.

John Waring, Keating Simons, Charles Cantey, and John Cald-
well of St Matthews Parish Esquires took the Oath prescribed by
the Constitution and their Seats, as members of this House for the
Parishes they respectively were elected to represent

M*". Young reported from the Committee, to whom was referred
the Information given to the House Yesterday by M*" Pegues re-
specting a number of waggons laden with Woolens and other Mer-
chandise said to be the Property of M^. John Mitchell now on their
way from Philadelphia to this State some of the Drivers or Passen-
gers of which having the Infection of the small-Pox And* he read
the Report in his Place and afterwards delivered it in at the Clerk's
Table where the same was read and is as followeth

That it is the Opinion of your Committee that the District Com-
mittee of St David's Parish be authorized and impowered to take
every necessary Precaution and use every means in their Power to
prevent the Infection spreading by causing the Persons and Mer-
chandize so .infected to be carried to some distant Place from the
Settlements and place a proper Guard thereon till such Time as they
shall be fully satisfied that no Infection remains or to pursue any
other mode that they shall think most proper.

12

That the Goods during such Detention shall be and remain at the
Risk of the Owner or Owners thereof That the Expence accruing
thereon \>e advanced by the Public And that the Chairman of the
said District Committee be impowered to draw upon the Treasury
for the same to be refunded by M^. Mitchell

Your Committee are further of Opinion That the said District
Committee should be indemnified for any necessary step already and
hereafter to be taken by them to prevent the said Infection from
spreading in this State

Resolved That the said Report be taken into Consideration im-
mediately

And the same being taken into Consideration accordingly was
amended and agreed to by the House and is as foUoweth

That it is the opinion of the Committee that the District Committee
of St. Davids Parish be authorized and required to take every neces-
sary Precaution and use every means in their Power to prevent the
Infection spreading by causing the Persons and merchandize so
infected to be carried to some distant Place from the Settlements
and place a proper Guard thereon till such Time as they are satisfied
no Infection remains or to pursue any other mode that they shall
think most proper

That the Goods during such Detention shall be and remain at the
Risk of the Owner or Owners thereof That the Expences accruing
thereon be advanced by the Public And that the Chairman of the
said District Committee be impowered to draw on the Treasury for
the same to be refiinded by M**. Mitchell if the General Assembly
shall hereafter think proper

Your Committee are further of Opinion that the said District
Committee should be indemnified for any necessary stepts already
and hereafter to be taken by them in order to prevent the said In-
fection from spreading in this State

Ordered That a Message be sent to the President with a Copy of
the foregoing Report

The Honourable M*" Lowndes reported from the Committee to
whom the President's speech delivered to both Houses Yesterday an
address in answer to the said Speech And he read the address in his
Place and afterwards delivered it in at the Clerk's Table where the

r

same was read and is as followeth
May it please your Excellency

We the Representatives of the State of South Carolina convened
and met in General Assembly beg Leave most heartily to join your

r

'3

Excellency with our Tribute of applause to those brave Troops who
lately signalized themselves by their Firmness and Intrepidity in
repelling the formidable British Armament which attacked them on
Sullivant's Island and thereby disappointing the vain and flattering
Expectations of our cruel and unnatural Poes a Tribute we deemed
justly due from an injured Country for such heroic Behaviour and as
a greatful Testimony of the early and auspicious Presage of the
future Valour and Heroism of men animated by the noblest of all
Incentives an ardent Zeal for the sacred Liberties of their Country
and a Confidence in Divine Justice

We are happy to find the barbarous and ungrateful attempts of
the Cherokee Indians on our Frontier Settlements are checked by
the spirit and activity of our Countrymen in those Parts and from
their past Success as well as the Zeal and Activity of pur Friends of
North Carolina and Virginia hope a speedy End will soon be put
to the Outrages of those destestable Savages

It is with the most unspeakable Pleasure we embrace this oppor-
tunity of expressing our Joy and Satisfaction in the Declaration of
the Continental Congress declaring the United Coloniies Free and
Independent States absolved from allegiance to the British Crown
and totally dissolving all political union between theni and Great
Britain an Event unsought for and now produced by unavoidable
necessity and which every Friend to Justice and Humanity must not
oiily hold justifiable as the iiatural Effects of unmeritted Persecution
but equally rejoice in, as the only effectual Security against Injuries
and oppressions and the most promising source of future Liberty and
Safety.

The Declaration of Independency and the JResolves of the Hon-
ourable the Continental Congress now laid before us shall be the
principal objects of our attention in our Deliberations for the Public
Good

We are fully persuaded how essential it is to the Freedom and
Support of a free State to have a well-regulated Militia and more
especially to this State in the present Circumstance of Affairs in
America — ^we shall therefore think it our Duty while the Business
of Legislation is not interrupted by the Din of Arms to employ every
moment necessary to effect a Purpose so essential and so beneficial
in making the best Preparations for Defence and Enacting such
Laws as are necessary for the Safety and Security of the State

Resolved That the said Address be taken into immediate Consid-
eration

14

The first and Second Qauses thereof being read were amended
and agreed to by the House

Upon reading the third Clause it was moved to amend the same
by striking out the words unspeakable Pleasure

A Debate ensuing

And the Question being put,

It passed in the Negative.

The third fourth and fifth Clauses being then read and amended
were agreed to And the said Address as agreed to is in the words
following

To His Excellency John Rutledge President and
Commander in Chief of the State of South Caro-
lina
The Address of the General Assembly of
the said State
May it please your Excellency
We the the Representatives of the State of South Caro-
lina met in General Assembly beg Leave most heartily to join your
Excellency with our Tribute of Applause to those brave Troops who
lately signalized themselves by their Firmness and Intrepidity in re-
pelling the formidable British Armament which attacked them on
Sullivant's Island and thereby disappointing the vain and flattering
Expectations of our cruel and unnatural Foes — a, Tribute we deemed
justly due from an injured Country for such heroic Behaviour and
as a greatful Testimony of the early and auspicious Presage of the
future Valour and Heroism of men animated by the noblest of all
Incentives an ardent Zeal for the Sacred Liberties of their Country
and a Confidence in Divine Justice. •

We are happy to find the barbarous and ungrateful Attempts of
the Cherokee Indians instigated by our British Enemies on our
Frontier settlements are checked by the spirit and activity of our
brave Countrymen in those Parts and from their past Success as
well as the Zeal and Activity of our Friends of North Carolina and
Virginia hope a speedy End will be put to the Outrages of those
destable Savages

It is with unspeakable Pleasure we embrace this Opportunity of
expressing our Satisfaction in the Declaration of the Continental
Congress constituting the United Colonies Free and Independent
States absolved from Allegiance to the British Crown and totally
dissolving all political Union between them and Great Britain — an
Event unsought for and now produced by unavoidable necessity and

^

15

which every Friend to Justice and Humanity must not only hold
justifiable as the natural Effect of unmerited Persecution but equally
rejoice in as the only effectual Security against Injuries and Oppres-
sions and the most promising scource of future Liberty and Safety

The Declaration of Independency and Resolves of the Honourable
the Continental Congress now laid before us shall be the principal
object of our attention in our Deliberations for the Public Good

We are fully persuaded that it is essential to the Liberties and
Support of a free State to have a well-regulated militia and more
especially to this State in the present Circumstance of affairs in
America we shall therefore think it our Duty while the Business of
Legislation is not interrupted by the Din of Arms to eniploy every
opportunity to effect a Purpose so beneficial in making the best Pre-
parations for Defence and in framing such Laws as are necessary
for the Safety and Security of the State

Ordered That the Address be ingro'ssed

Ordered That Colonel Gervais and M''. Ralph Izard do wait on
the President and acquaint him the House have an address to pre-
sent to His Excellency and desire to know when he will please to be
attended for that Purpose.

Colonel Pinckney reported from the Committee on Privileges and
Elections to whom was referred the Petition of William Scott Junior
of Charles Town merchant the matter as it appeared to them touch-
ing the Election for the Parish of Christ-Church with their Opinion
thereupon And he read the Report in his Place and afterwards de-
livered it in at the Clerk's Table where the same was read and is as
followeth

That they have considered the said Petition and have examined
witnesses concerning the Truth of the allegations therein contained
and find That at the Election for Two Members for the Parish of
Christ-Church at the Close of the Ballot there appeared to be Thirty
Votes for Joshua Toomer Twenty Votes for Levi Durand Twelve
for William Scott and Fifteen for William Scott Junior That the
Petitioner William Scott Junior was the only candidate of the name
of William Scott That it did not appear to your Committee that there
was any other Person of that name in the Country but William Scott
Esquire already a member of this House and Uncle to the Petitioner
And that even by the Admission of M^ Durand the sitting member
it appeared that the Votes which were given for William Scott were
meant and intended for the Petitioner William Scott junior

i6

Your Committee further report that on its being suggested by M'
Durand the sitting member that several Persons who had Voted at
the said Election had not the Qualifications required by Law they
examined the List of the Electors and found that only one Person had
ballotted who was npt duly qualified whereby a majority of Votes
stili appeared to be for the Petitioner

Your Committee therefore are of Opinion that William Scott the
Petitioner should have been returned duly elected and not M'.
Durand the sitting member and recommend it to the House that the
returning Officer be ordered to strike out the name of Levi Durand
on the Return of the Writ of Election and insert the name of Wil-
liam Scott* Junior in its stead.

Resolved Thiat the said Report be taken into Consideration imme-
diately

And the same being taken into Consideration accordingly,

Resolved That this House do agree with the Report of the Com-
mittee.

Ordered That Jonathan Scott the returning officer do attend this
House immediately to amend the Return for the Parish of Christ-
Church by rasing out the name of Levi Durand Esquire and insert-
ing thie name of William Scott Junior Esquire instead thereof,

Ordered That the Several Papers which accompanied the Presi-
dent's message of Yesterday be now read

And they were read accordingly And are as follow
Letter from the Dielegates of this State .in
the Continental Congress to His Excel-
lency the President

Philadelphia 9th July. 1776
Sir

Inclosed are the Resolutions of Congress respecting our
Provincial Forces We wish they may be agreeable to your Excellency
to our Assembly and to the officers of our Army if they are not there
is nothing compulsory in them Congress would not strictly comply
with the Request we were ordered to make on this subject lest they
should establish a Precedent which might be injurious to the General
Interest of America; We have therefore been obliged to vary our
application and to adopt such Resolutions as seemed most conforma-
ble to the Intentions of our Congress and most likely to give Satis-
faction to the Officers of our Army.

Inclosed also are some other occasional Resolutions of Congress
and a very important Declaration which the King of Great-Britain

17

has at last reduced us to the necessity of making, all the Colonies
were united upon this great Subject except New- York whose Dele-
gates were restrained by an Instruction given several months ago,
their Convention is to meet in a few days when it is expected that
Instruction will be immediately withdrawn and the Declaration
unanimously agreed to by the Thirteen United States of America.

We have procured an Order from Congress for Three Hundred
Thousand Dollars for the Payment and Disbursements of our
Troops which will be forwarded to you as soon as possible : Congress
have also given Directions to the Commanding officer in Virginia
about a Fortnight ago to send forward Five Thousand Pounds of
Gun Powder to our Colony.

Every Day now is likely to produce something important — We
have heard of ClintcHi's Arrival off Charles Town Bar and most
anxiously wait to know the Event — General Howe's Army from
Halifax said to contain 10,000 men are arrived at Sandy Hook a
Part of them are landed upon Staten Island it is said he is waiting to
be joined by 20,000 more who are coming from England in the
Fleet under Lord Howe when it is expected that New-York will
become the scene of action The Army under General Washington
are in high spirits and the militia have taken the Field with an
alacrity that does them Honour; From thes^ Circumstances we still
hope for a Providential Interposition and that the Virtuous Efforts
of America will be crowned with deserved Success With the great-
est Respect we are *

Your Excellency's
P S the Express is most obedient Servants

to be paid for every Thomas Lynch

Day that he is Detained Edward Rutledge

in Carolina Arthur Middleton

Thomas Heyward junior
Thomas Lynch Junior
His Excellency John Rutledge Esquire

In Congress December 26th. 1775

Resolved That it be recommended to the several assemblies Con-
ventions Councils or Committees of Safety of the respective Colonies
to ascertain by the most impartial and effectual means in their Power
the number of Inhabitants in each respective Colony taking Care
that the Lists be authenticated by the Oaths of the several Persons
who shall be intrusted with this Service and that the said Assemblies
Conventions Councils or Committees of Safety do respectively lay

2— H. c.

i8

before this Congress a Return of the number of Inhabitants of their
respective Colonies as soon as the same shall be procured
Extract from the minutes

Charles Thomson Secretary
Copy
In Congress February 17th. 1776

1st Resolved That a standing Committee of Five be appointed for
superintending the Treasury

5th Article That it shall be the Business of this Committee to
obtain from the different Assemblies and Conventions of the United
Colonies Accounts of the number of Inhabitants in each Colonv ac-
cording to a Resolution of Congress on that Subject
Extract from the Minutes

Charles Thomson Secretary
Copy
. At a Treasury-Board held at the Treasury Office —

in Philadelphia the 7th Day of May Anno Domini 1776
Present
James Duane Chairman '\

Thomas Willing V Esquires Superintendants

Elbridge Gerry j

John Gibson Auditor General
William Webb Assistant
Ordered That Letters be written pursuant to the Resolution of
Congitss of the Seventeenth day of February to the different Assem-
blies and Conventions of the United Colonies requesting them to fur-
nish Accounts of the number of the Inhabitants in each Colony
respectively according to Resolution of Congress on that Subject
And that a Copy of the last mentioned Resolution be forwarded to
each of them

Extract from the Minutes of the Treasury Board

John Gibson Auditor General
In Congress March 14*^ 1776.

Resolved That it be recommended to the several Assemblies Con-
ventions and Councils or Committees of Safety of the United Colo-
nies immediately to Cause all Persons to be disarmed within their
respective Colonies who are notoriously disaffected to the cause of
America or who have not associated and shall refuse to associate to
defend by Arms these United Colonies against the hostile attempts
of the British Fleets and Armies ; And to apply the Arms taken from
such Persons in each respective Colony in the first Place to the Arm-

19

ing the Continental Troops raised in said Colony, in the next to the
Arming such Troops as are raised by such Colony for its own De-
fence and the Residue to be applied to the Arming the associators ;
That such Arms when taken be appraised by indifferent Persons and
such as are applied to the Arming Continental Troops, be paid for
by the Congress and the Residue by the respective Assemblies, Con-
ventions or Councils or Committees of Safety

Extract from the minutes

Charles Thomson Secretary

In Congress March 23 1776

Whereas the Petitions of these United Colonies to the King for the
Redress of great and manifest Grievances have not only been re-
jected but treated with Scorn and Contempt and the Opposition to
Designs evidently formed to reduce them to a state of servile sub-
jection and their necessary Defence against hostile Forces actually
employed to subdue them declared Rebellion And Whereas an un-
just War hath been commenced against them which the Command-
ers of the British Fleets and Armies have prosecuted and still con-
tinue to prosecute with the utmost Vigour and in a Cruel Manner
wasting spoiling and destroying the Country burning Houses and
defenceless Towns and exposing the helpless Inhabitants to every
misery from the Inclemency of the Winter and not only urging
Savages to invade the Country but instigating negroes to murder
their masters And Whereas the Parliament of Great-Britain hath
lately passed an Act affirming these Colonies to be in open Rebellion
forbidding all Trade and Commerce with the Inhabitants thereof
untill they shall accept Pardons and submit to dispotic Rule declar-
ing their Property wherever found upon the Water liable to Seizure
and Confiscation and enacting that what had been done there by
Virtue of the Royal Authority were just and lawful Acts and shall
be so deemed From all which it is manifest that the iniquitous
Scheme concerted to deprive them- of the Liberty they have a Right
to by the Laws of Nature and the English Constitution will be per-
tinaciously pursued ; It being therefore necessary to provide for their
Defence and Security and justifiable to make Reprisals upon their
Enemies and otherwise to annoy them according to the Laws and
Usages of Nations, the Congress trusting that such of their Friends
in Great-Britain of whom it is confessed there are many, intitled to
applause and Gratitude for their Patriotism and Benevolence and in
whose Favour a Discrimination of Property cannot be made) as shall

20

suffer by Captures will impute it to the Authors of our common
Calamities Do Declare and Resolve as followeth. (to wit)

Resolved That the Inhabitants of these Colonies be permitted to
fit out armed Vessells to cruize on the Enemies of these United Col-
onies.

Resolved That all ships and other Vessells their Tackle apparel
and Furniture and all Goods Wares and Merchandizes belonging to
any Inhabitant or Inhabitants of Great-Britain taken on the High
Seas or between high and low-water mark by any armed Vessel
fitted out by any private Person or Persons to whom Commissions
shall be granted and being libelled and prosecuted in any Court
erected for the Trial of Maritime Affairs in any armed Vessel fitted
out by any private Person or Persons to whom Commissions shall be
granted and being libelled and prosecuted in any Court erected for
the Trial of Maritime Affairs in any of these Colonies shall be
deemed and adjudged to be lawful Prize and after deducting and
paying the Wag"cs the Seamen and Mariners on board of such Cap-
tures as are Merchants — Ships and Vessels shall be intitled to ac-
cording to the Terms of their Contracts until the Time of Adjuca-
tion shall be condemned to and for the Use of the Owner or Owners
and the officers marines and mariners of such armed Vessel accord-
ing to such Rules and Proportions as they shall agree on Provided
always That this Resolution shall not extend or be construed to
extend to any Vessel bringing Settlers Arms Ammunition or War-
like Stores to and for the Use of these Colonies or any of the In-
habitants thereof who are Friends to the American Cause or to such
Warlike Stores or to the effects of such Settlers.

Resolved That all Ships or Vessels with their Tackle Apparel and
Furniture Goods Wares and merchandizes belonging to any In-
habitants of Great-Britain as aforesaid which shall be taken by any
of the Vessels of War of these united Colonies shall be deemed for-
feited One Third after deducting and paying the wages of seamen
and marines as aforesaid to the officers and men on board and Two
Thirds to the use of the United Colonies.

Resolved That all ships or vessels with their Tackle apparel and
Furniture Goods wares and merchandizes belonging to any Inhabit-
ants of Great-Britain as aforesaid which shall be taken by any
Vessel of War fitted out by and at the Expence of any of the United
Colonies shall be deemed forfeited and divided after deducting and
paying the Wages of Seamen and mariners as aforesaid in such

21

manner and Proportions as the assembly or Convention of such
Colony shall direct.

Resolved That all Vessels their Tackle apparel and Furniture and
Cargoes belonging to Inhabitants of Great-Britain as aforesaid and
all Vessels which may be employed in carrying Supplies to the Min-
isterial Armies which shall happen to be taken near the shores of
these Colonic? by the People of the Country or Detachments from
the Anny shall be deemed lawful Prize and the Court of Admiralty
within the said Colony is required oil Condemnation thereof to ad-
judge that all Charges and Expences which may attend the Capture
and Trial be first paid out of the monies arising from the Sales of
the Prize and the Remainder equally divided among all those who
shall have been actually engaged and employed in taking the said
Prize Provided That where any Detachments of the Army shall have
been employed as aforesaid their Part of the Prize-money shall be
distributed among them in Proportion to the Pay of the Officers and
Soldiers so employed

Extract from the Minutes

Charles Thomson Secretary

In Congress March 25, 1776

Resolved That the Convention or Council of Safety of South Car-
olina be permitted to raise and embody Two other Battalions and
that they be on the Pay and at the Expence of the Continent as
soon as they shall be armed fit for Service and accordingly mus-
tered

Extract from the minutes

Charles Thomson Secretary

In Congress April 6 1776

Resolved That any Goods Wares and merchandize except Staves
and empty Casks other than shaken or knocked down Casks for
melasses may be exported from The Thirteen United Colonies by
the Inhabitants thereof and by the people of all such Countries
as are not subject to the King of Great-Britain to any Parts of
the World which are not under the Dominion of the said King
Provided That no Vessel be permitted to export any greater Num-
ber of Shaken or knocked down Melasses Casks than the same Ves-
sel is capable of carrying when they shall be filled with Melasses

Resolved That any Goods Wares and Merchandize except such as
are of the Growth Production or Manufacture of or brought from
any Country under the Dominion of the King of Great-Britain and
except East-India Tea may be imported from any Parts of the

22

World to the Thirteen United Colonies by the Inhabitants thereof
and by the People of all such G>untries as are not subject to the
said King liable however to all such Duties and Impositions as now
are or may hereafter be laid by any of the said colonies.

Resolved That nothing herein contained shall be understood to
prevent such future commercial Regulations as shall be thought
just and necessary by these United Colonies or their respective Leg-
islature.

Resolved That no Slaves be imported into any of the Thirteen
United Colonies.

Resolved That it be recommended to Assemblies and Conventions
in the several Colonies to appoint proper Officers at convenient
Places in their respective Colonies to take Bonds in adequate Penal-
ties for observing the Regulations made by the Congress or assem-
blies or Conventions concerning Trade and for securing the Obser-
vation of such Parts of the Association as are not inconsistent there-
with and that the Obligator §hall within Eighteen Months after the
Departure of the Vessel produce to such Officers a Certificate under
the Hands and Seals of Three or more reputable merchants residing
at the Port or Place where the Cargo shall be delivered that the
same was there unladed and take manifests upon Oath of the Car-
goes exported and imported and keep fair Accounts and Entries
thereof give Bills of Health when desired, grant Registers shewing
the Property of the Vessels cleared out and sign Certificates that the
Requisites for qualifying Vessels to trade have been complied with
and that the Fees of the said officers be stated by the respective As-
semblies or Conventions -Provided always That no Prosecution upon
any of the said Bonds shall be Commenced but within Three years
after the Date thereof.

Resolved That all Goods Wares and Merchandize except such as
are made Prize of which shall be imported directly or indirectly from
Great Britain and Ireland into any of these United Colonies contrary
to the Regulations established by Congress shall be forfeited and dis-
posed of agreeable to such Rules as shall be made by the several
Assemblies or Conventions and shall be liable to prosecution and
Condemnation in any Court erected or to be erected for the Deter-
mination of Maritime Affairs in the Colony where the Seizure shall
be made

Extracts from the Minutes

• Charles Thomson Secretary

23

In Congress April ii. 1776

Resolved That it be recommended to the several Assemblies Con-
ventions and Committees or Concils of Safety of the United Colonies
to use their best Endeavours in communicating to Foreign Nati<Mis
the Resolutions of Congress relative to Trade

By Order of Congress

John Hancock President

In Congress June 18. 1776

Whereas the Congress on the fourth Day of» November last Re-
solved that for the Defence of South Carolina there be kept up in
that Colony at the Continental Expence Three Battalions of Foot
each Battalion to consist of the same Number of Men and Officers
be upon the same Pay and under the same Regulations as the Con-
tinental Army And on the 2Sth Day of March last Resolved That
the Convention or Committee of Safety of South Carolina be per-
mitted to raise and embody Two other Battalions and they be on the
Pay and at the Expence of the Continent as soon as they shall be
armed fit for Service and accordingly mustered And Whereas the
Provincial Congress or Convention of South Carolina on the 22^
Day of February last ordered That their Council of Safety return the
Thanks of that Colony to the Continental Congress for their atten-
tion to its Security that they state the peculiar Circumstances and
the heavy Expences which have been and will be incurred by that
Colony in the measures necessary for their Defence and that they
request the Continental Congress to allow that Colony so much
money as the Expences of Three Battalions upon the Continental
Establishment would amount to for One Year and to give Con-
tinental Rank to the Officers of the Three Regiments raised in June
and of the Regiment of Artillery raised in November from the Dates
of their respective Commissions or at least from the first Day of
November when they resolved to allow that Colony Three Battalions.
And whereas the Delegates of that Colony in Congress have repre-
sented the peculiar Circumstances and heavy Expences of that
Colony and that the Troops in it were inlisted for Three Years upon
a different Establishment of Pay and under different Articles of
War so as to render it inconvenient to place them in all Respects
upon the Continental Establishment, Therefore

Resolved That the Battalion of Artillery and the Two other Bat-
talions of Foot raised in South Carolina and kept up in that Colony
for the Defence of the same be considered as Continental Forces and

24

allowed the same Pay Rations and Disbursments as other Forces
on the Continental Establishment.

That the Two Battalions under the Command of the Colonels
Gadsden & Moultrie be allowed all the advantages of the Continwi-
tal Establishment from the fourth Day of November last and the
Regiment of Artillery from the Time when the same was ordered
to be raised by the Provincial Congress or Convention of South
Carolina.

That the Two Battalions of Rifle-men raised in and for the De-
fence of the said Colony be considered as Continental Troops from
the 25th Day of March last aind be intitled to all the Advantages of
the same

That all the above mentioned Troops be liable to the Articles for
the Government of the Forces in the said Colony

That the said Forces be continued on the Continental Establish-
ment until the Expiration of their Inlistment unless they shall be
sooner disbanded by Congress

That not more than One Third of the effective men of the above
mentioned Forces be ordered out the said Colony without the express
Order of Congress or the Consent of the President of that Colony

Extracts from the minutes

Charles Thomson Secretary

In Congress June 19*^ 1776

Whereas it is indispensably necessary for the Good of the Ser-
vice that the Soldiers of the United Colonies should be well provided
with Blankets & Cloathing Therefore

Resolved That it be recommended to the Assemblies and Conven-
tions of the United Colonies forthwith to cause a suit of Cloaths of
which the Waistcoat and Breeches may be of Dear-Leather if to be
had on reasonable Terms a Blanket, Felt Hat two Shirts two pair of
Hose and Two Pair of Shoes to be Manufactured or otherwise pro-
cured at reasonable Rates in their respective Colonies for each Sol-
dier of the American Army inlisted therein for the present Cam-
paign and that the same be baled invoiced and stored in suitable
Places to be delivered to the Order of Congress or the Commander
in Chief of the American Army

That sufficient Sums of Money be granted to the Assemblies
and Conventions aforesaid on applying for the same to enable them
to discharge the Demands arising from the Purchase of the articles
aforesaid

25

That the Commander in Chief of the American Army be im-
powered to draw on the said Assemblies and Conventions for such
Articles of Cloathing aforesaid as he shall from Time to Time judge
necessary and that the Cost thereof be deducted from the Pay of the
soldiers who shall receive the same by the proper Officer for ex-
amining and discharging the accounts and Pay-Rolls of the Respect-
ive Regiments

June 24
Resolved That all Persons abiding within any of the United Colo-
nies and deriving Protection from the Laws of the same owe Alle-
giance to the said Laws and are Members of such Colony And that
all Persons passing through visiting or making a temporary stay in
any of the said Colonies being irititled to the Protection of the Laws
during the Time of such Passage Visitation or temporary Stay owe
during the same Time Allegiance thereto.

That all Persons Members of, or owing allegiance to any of the
United Colonies as before described who shall levy War against any
of the said Colonies within the same or be adherent to the King of
Great-Britain or others the Enemies of the said Colonies or any of
them within the same giving to him or them Aid and Comfort are
guilty of Treason against such Colony.

■ That it be recommended to the Legislatures of the several United
Colonies to pass Laws for punishing in such manner as to them shall
seem fit such Persons before described as shall be proveable attainted
of open Deed by People of their Condition of any of the Treasons
before described

That it be recommended to the Legislatures of the several United
Colonies to pass Laws for punishing in such Manner as they shall
think fit Persons who shall counterfeit or aid or abet in counterfeit-
ing the Continental Bills of Credit or who shall pass any such Bill
in Payment knowing the same to be counterfeit.

June 26
Resolved That a Bounty of Ten Dollars be given to every non
commissioned Officer and Soldier who shall inlist to serve for the
Term of Three Years

Extract from the Minutes

Charles Thomson Secretary

26

In Congress July 4 1776

A Declaration
By the Representatives of the United States of America in Gen-
eral Congress assembled.

When in the Course of Human Events, it becomes necessary for
one People to dissolve the political Bands which have connected
them with another and to assume among the Powers of the Earth
the Seperate and equal Station to which the Laws of nature and
of natures God intitle them, a decent Respect to the Opinions of
mankind requires that they should declare the Causes which impel
them to the Seperation.

We hold these Truths to be self evident that all men are created
equal, that they are endowed by their Creator with certain unalien-
able Rights that among these are Life, Liberty and the Pursuit of
Happiness — That to secure these Rights, Governments are instituted
among men deriving their just Powers from the Consent of the
Governed, that whenever any Form of Government becomes distruct-
ive of these Ends it is the Right of the People, to alter or abolish it
and to institute new Government laying its Foundation on such
Principles and organizing its Powers in such Form as to them shall
seem most likely to effect their safety and Happiness. Prudence
indeed will dictate that Governments long established should not be
changed for light and transient Causes and accordingly all Expe-
rience hath shewn that mankind are more disposed to suffer while
Evils are sufferable than to right themselves by abolishing the the
Forms to which they are accustomed But when a long Train of
Abuses and Usurpations pursuing invariably the same Object evinces
a Design to reduce them under absolute Despotism it is their Right,
it is their Duty to throw off such Government and to provide new
Guards for their future Security ; The History of the present King
of Great-Britain is a History of repeated Injuries, and Usurpations,
all having in direct Object the Establishment of an absolute Tyranny
over these States ; To prove this let Facts be submitted to a candid
World,

He has refused his assent to Laws the most wholesome and neces-
sary for the Public Good ;

He has forbidden his Governors to pass Laws of immediate and
pressing Importance unless suspended in their Operation till his
assent should be obtained and when so suspended he has utterly neg-
lected to attend to them

He has refused to pass other Laws for the accommodation of large
Districts of People unless those People would relinquish the Right
of Representation in the Legislature a Right inestimable to them and
formidable to Tyrants only

He has called together Legislative Bodies at Places unusual un-
comfortable and distant from the Depository of their Public Records
for the sole Purpose of fatiguing them into Compliance with his
measures

He has dissolved Representative Houses repeatedly for opposing
with manly Firmness his Invasions on the Rights of the People

He has refused for a long Time after such Disolutions to cause
others to be elected whereby the Legislative Powers incapable of
annihilation have returned to the People at large for their Exercise
the State remaining in the mean Time exposed to all the Dangers of
Invasion from without and convulsions within

He has endeavoured to prevent the Population of these States for
that Purpose obstructing the Laws for naturalization of Foreigners
refusing to pass others to encourage their migrations hither and
raising the Conditions of new appropriations of Lands

He has obstructed the Administration of Justice by refusing his
assent to Laws for establishing Judiciary Powers

He has made Judges dependent on his Will alone for the Tenure
of their Offices and the amount and Payment of their Salaries

He has erected a multitude of new Officers and sent hither Swarms
of Officers to harrass our People and eat out their Substance

He has kept among us in Time of Peace Standing Armies without
the Consent of our Legislatures

He has effected to render the military independent of and superior
to the Civil Power

He has combined with others to subject us to a Jurisdiction foreign
to our Constitution and unacknowledged by our Laws giving his
assent to their Acts of pretended Legislation

For quartering large Bodies of armed Troops among us

For protecting them by a mock Trial from Punishment for any
Murders which they shall commit on the Inhabitants of these States

For cutting off our Trade with all Parts of the World

For imposing Taxes on us without our Consent

For depriving us in many Cases of the Benefits of Trial by Jury

For Transporting us beyond Seas to be tried for pretended
Offences

28

For abolishing the free system of English Laws in a neighbouring
Province establishing therein an arbitrary Government and enlarg-
ing its Boundaries so as to render it at once an Example and fit
Instrument for introducing the same absolute Rule into these Colo-
nies

For taking away our Charters abolishing our most valuable Laws
and altering fundamentally the Forms of our Governments

For suspending our own Legislatures and declaring themselves
invested with Power to legislate for us in all cases whatsoever

He has abdicated Government here by declaring us out of his
Protection and waging War against us

He has plundered our Seas ravaged our Coasts burnt our Towns
and destroyed the Lives of our People

He is at this Time transporting large Armies of Foreign mer-
cenaries to complete the Works of Death Desolation and Tyranny
already begun with Circumstances of Cruelty and Perfidy scarcely
paralleled in the most barbarous Ages and totally unworthy the
Head of a civilized nation

He has constrained our Fellow-Citizens taken Captive on the High
Seas to bear Arms against their Country to become the Executioners
of their Friends and Brethren or to fall themselves by their Hands

He has excited Domestic Insurrections amongst us and has en-
deavoured to bring on the Inhabitants of our Frontiers the merciless^
Indian Savages whose known Rule of warfare is an undistinguished
Destruction of all Ages Sexes and Conditions

In every stage of these Oppressions we have petitioned for Redress
in the most humble Terms Our repeated Petitions have been an-
swered only by repeated Injury A Prince whose Character is thus
marked by every act which may define a Tyrant is unfit to be the
Ruler of a free People

Nor have we been wanting in attentions to our British Brethren
We have warned them from Time to Time of attempts by their
Legislature to extend an unwarrantable Jurisdiction over us We
have reminded them of the Circumstances of our Emigration and
settlement here We have appealed to their native Justice and mag-
nanimity and we have conjured them by the Ties of our common
Kindred to disavow these usurpations which would inevitably inter-
rupt our Connections and Correspondence They too have been deaf
to the Voice of Justice and Consanguinity We must therefore
acquiesce in the necessity which denounces our Seperation and hold

wv

29

them as we do the Rest of mankind Enemies in War, in Peace
Friends

We therefore the Representatives of the United States of America
in General Congress assembled appealing to the Supreme Judge of
the World for the Rectitude of our Intentions Do in the name and
by the authority of the Good People of Jthe Colonies solemnly publish
and Declare that these United Colonies are and of Right ought to be
Free and Independent States that they are absolved from all alle-
giance to the British Crown and that all political Connection be-
tween them and the state of Great-Britain is and ought to be totally
dissolved and that as Free and Independent States they have full
Power to levy War, conclude Peace, contract Alliances, establish
Commerce, and to do all other Acts and Things which Independent
States may of Right do And for the Support of this Declaration with
a firm Reliance on the Protection of Divine Providence we mutually
pledge to each other our Lives, our Fortunes and our sacred Honour.
Signed by Order and in Behalf of the Congress

John Hancock President
attest
Charles Thomson Secretary

In Congress July 4 1776

Ordered That the Declaration be authenticated and printed That
the Committee who brought in the Declaration be ordered to correct
the Press

That Copies of the Declaration be sent to the several assemblies
Conventions and Councils of Safety and to the several Commanding
officers of the Continental Troops That it be proclaimed in each of
the United States and at the Head of the Army

Julys

Resolved That a Chaplain be appointed to each Regiment in the
Continental Army and that their allowance be increased to Thirty-
three Dollars and one Third of a Dollar a month

Extracts from the minutes

Charles Thomson Secretary
Letter from the Delegates of this State in the Continental
Congress to His Excellency the President dated Philadelphia
25 July 1776
Sir
Immediately upon the Receipt of your Letter we applied to
Congress for Permission to order the East India Tea now in your
Stores to be sold and to direct the Produce thereof to be carried into

30

the Colony Treasury to be appropriated in such manner as your
Assembly should judge right In Consequence of this Application a
Debate of some Length ensued in which the House indicated a
strong Inclination to lay their Hands upon the Profits which should
arise from the Sale either for the Use of the Continent at large or
to be carried into a Fund to reimburse those Colonies whose Prop-
erty should be seized in England There appeared neither Reason nor
Justice in these measures and we endeavored to obviate the Objec-
tions which were made to the Application and to ariswer the argu-
ments which had been advanced against it

We observed That this Property should be looked upon as be-
longing to the King of Great-Britain and not to the East-India Com-
pany as the latter had been divested of it both by the Seizure which
the Custom-House officers had made of it and by the indemnification
of the Parliament — that the Congress had therefore no more Right
to apply this Tea to the use of the Continent at large than they had
to dispose of the Cannon in our Forts or the Crown Lands within
the Limits of the Colony — But that if it was the Elast-India Com-
pany's Property they had occasioned such an Expence to the State
of Carolina as to justify them fully in the seizures — ^That it would
be repugnent to the Principles of Justice to insist that this Tea
should be sold for the Benefit of those whose Property had been or
might be seized in England in Exclusion of those whose Property
had been seized in America and that it would be impracticable to
bring every species of Loss into one common account

That, the Seizure of Property had been a common misfortune of
which as well as of public Expences we have had our full Propor-
tion and that therefore it would be injurious to our state not to be
permitted to make use of the advantage in this Instance which the
Possession of the Tea had given — It was confessed that we had a
Right to sell it if we chose and apply the Profits as we pleased But
as we had asked the opinion of the House upon the Subject we
should now be governed by the Disposition which they should think
proper to make and that they should take Time to consider of it —
The Delegates being by this Time fully convinced that there were
many in the House who wished to dispose of it in a manner inju-
rious to the Interest and Right of our State agreed to withdraw the
motion for which they obtained the Leave of Congress and we now
with one voice advise you to recommend to your assembly imme-
diately to sell the same and apply the Profits thereof to Colonial
Purposes, Indeed we were not a little surpized at your requesting us

31

to lay the same before Congress and we hope that you will determine
for yourselves in future in all Cases where the Concern is of a
Provincial and not of a Continental nature we are with Regard

Your Excellency's

most obed* hum* Serv**
Thomas Lynch
Edward Rutledge
Arthur Middleton
Thomas He)rward Junior '
Thomas Lynch Junior
Philadelphia July 24*^. 1776
Sir
The Congress being of Opinion that the Service of the United
States will be promoted by taking into Pay a number of Troops in
the State of South-Carolina who are to act either as Infantry or
Light Horse as Occasion may require have come to the inclosed
Resolves which I do my self the Honour of transmitting in Obedience
to their Commands

In Consideration that these Troops will go thro' more than ordi-
nary Duty and be put to greater Expence than others the Congress
have augmented their Pay in Proportion

I have delivered blank Commissions to the Delegates of your
State with most hearty and sincere wishes for your Health and Hap-
piness and the Prosperity of the State over which you preside I have
the Honour to be with great Respect

Your most obed. & very hum* Serv*.

John Hancock President
The HonW«. john Rutledge Esq*-

Governor of South Carolina
In Congress July 24, 1776

Resolved That the Regiment of Rangers now in the Pay of the
State of South Carolina be placed upon Continental Establishment
and that it consist of a Lieutenant-Colonel Commandant, a Major,
Ten Captains, Twenty Lieutenants a Surgeon a Pay master Twenty
Sergeants and Five Hundred Privates

That the Pay of the Lieutenant-Colonel Commandant be the same
as a Colonel of Foot a Major that of a Lieutenant Colonel a Captain
that of a Major and the Lieutants that of a Captain and Sergeants
that of Ensigns of Foot of the Continental Forces — That the Sur-
geon be allowed Thirty Three and one Third Dollars per month the
Paymaster Twenty six and Two Thirds and the Privates Twelve

32

and an Half Dollars per Month to provide themselves with Horses
Guns and Provisions for themselves and Horses

That the said Rangers be liable to act on Horseback or Foot as
Occasion may require

That the like number of Rangers be raised in the State of Georgia
and put upon Continental Establishment

That these be intitled to the same Pay and subject to the same
Duties as the Carolina Rangers

That the Rangers raised in the State of South Carolina be subject
to the Articles formed by the Convention of that State for the Gov-
ernment of the Forces raised therein

By Order of Congress

John Hancock President

In Congress July 24 1776

Resolved That all the Resolutions of this Congress passed on the
23d Day of April last relating to Ships and other Vessels their
Tackle Apparel and Furniture and all Goods Wares and Merchan-
dize belonging to any Inhabitant or Inhabitants of Great-Britain
taken on the High Seas or between high and low water mark be
extended to all ships and other Vessels their Tackle Apparel and
Furniture and all Goods Ware and Merchandize belonging to any
subject or Subjects of the said King except the Inhabitants of the
Bermudas and Providence or Bahama Islands

By Order of Congress

John Hancock President

The House thereupon came to the following Resolutions to wit

Resolved That this House do acquiesce in the Resolves of the
Continental Congress of the i8th of June and 24th of July. 1776
relating to the putting the Two Regiments of Infantry the Regiment
of Rangers the Regiment of Artillery and the Two Regiments of
Riflemen in the service of this State on the Continental Establish-
ment

Resolved That this House will Defray the Expence between the
Continental Bounty Cloathing and Pay and the Bounty Cloathing
and Pay allowed to those Regiments respectively by the Acts of this
State

Ordered That a Copy of the above Resolves be sent to the Legis-
lative Council for their Concurrence and to the President for his
assent

Ordered That Colonel Pinckney and M*". Thomas Middleton
Junior do attend the Legislative Council with the said Message

33

Ordered That an Ordinance be brought in for making the Pro-
visions aforesaid and for settling the manner of ordering General
Courts-martial And that Colonel Pinckney Colonel Motte and Cap-
tain Scott do prepare and bring in the same

Ordered That Leave be given to bring in an Ordinance for ap-
pointing Commissioners to sell the Tea now in the Cellars under the
Exchange and to Lodge the money arising from such Sale in the
Treasury of the State And that Colonel Pinckney M^. Attorney Gen-
eral and M*^. Ward do prepare and bring in the same

Ordered That Leave be given to bring in a Bill pursuant to the
Resolution and Recommendation of the Continental Congress of
the 14th of March 1776 for disarming all Persons notoriously dis-
affected to the Cause of America or who have not associated and
shall refuse to associate to defend by Arms these United Colonies
against the hostile attempts of the British Fleets and Armies and to
dispose of such arms And that M*". Ward M^ Stobo and M*" Ralph
Izard do prepare and bring in the same

Reserved That a Committee be appointed to revise the present
Militia Law and to bring in a Bill for the better Regulation of the
Militia

. Ordered That Colonel Gervais Major Hicks Colonel Pinckney M*"
Attorney-General Captain Vanderhorst Captain Roger Smith Cap-
tain Forgartie Captain Stone Captain Benjamin Waring Captain
Withers Captain WilHam Skirving Captain Eveleigh Captain Leger
Captain De Saussure Honourable M^. Justice Mathews M*". Philip
Smith and M*" Cantey be a committee for the above Purposes

Colonel Gervais reported That M*". Izard and himself had waited
on the President and^ delivered the message they had in Charge And
that His Excellency was pleased to say he would receive this House
to present their Address in the Council-Chamber To-morrow morn-
ing ten of the Clock

And then the House adjourned till To-morrow morning nine of
the Qock

Saturday the 21st Day of September. 1776

The House met according to adjournment

Read the Journal of Yesterday's proceedings

Colonel Garden M^. William Moore M"*. John Williams and M"*
Anthony White took the Oath prescribed by the Constitution and
their seats as members of this House

A Petition of Edward Fenwicke Esquire was presented to the
House and read in the words following

3— H. c.

34

That John Stuart Esquire late of this State by Letter dated the 23d
Day of December 1775 did direct his attorney Robert Balingall to
remove Twenty of such negroes from his Plantation at Maple-Cane
to plant on your Petitioners Lands at Ashepoo as he the said M*"
Balingall should judge best and did also direct M^ Charles Shaw by
a Letter of the same Date to put your Petitioner in Possession of
Ten more Negroes from the Plantation on Lady's Island — ^That the
said M^ Stuart by a Letter at the same Time to your Petitioner ac-
quainting him therewith and that he intended them as a Part of the
Portion he meant to give your Petitioner with his Daughter That
these Letters lay a considerable Time in the Post-office at Georgia
and never came to Hand till some Time in may last previous to
which the then Colonial Congress had appointed certain Committees
to possess themselves of all the said M^ Stuart's Estate who had ac-
cordingly done it and removed Mess*^® Balingall and Shaw from the
Possession thereof so that they have been hitherto urfable to comply
with M^ Stuarts Orders. Your Petitioner therefore humbly hopes
that your Honourable House will be pleased to take his case into your
Consideration and issue your Order to those Committees command-
ing them to permit the said M*". Balingall to put your Petitioner in
Possession of Twenty negroes from the Maple-Cane Plantation and
M^. Shaw to deliver to your Petitioner Ten Negroes from the
Hantation on Lady's Island.

Your Petitioner further shews unto your Honourable House that
the several attachments have been sued against the said M^. Stuart's
Estate and many of his negroes seized and sold by the sheriff of
Charles Town District in consequence thereof, That your Peti-
tioner is advised that the Crops of the said Mr Stuart are legally as
much liable to be attached and sold as any other Part of his Estate
and as they are of a perishable nature your Petitioner therefore also
prays that your Honourable House would be pleased to issue further
orders to the respective committees commanding them to restore
the said crops to your Petitioner in order that they in the first
Instance may be sold for Payment of the Debts already sued for

Oi dered That the said Petition be referred to the Consideration of
a Committee And that they do examine the matter thereof and report
the same as it shall appear to them to the House
. And it is referred to the Honourable M*". Lowndes M^. Cantey and
Captain Trapier

35

Message from the President by the Clerk of the Legislative Coun-
cil

M"". Speaker
The President is now in the Council Chamber ready to receive
the House with*their Address

And then the messenger withdrew

Ordered That M^ Speaker do sign the ingrossed Address to be
presented to the President

Then M"* Speaker with the House attended His Excellency in the
.Council Chamber

And being returned

M*" Speaker reported That he with the House having attended the
President in the Council Chamber with their address in answer to
his speech His Excellency had been jdeased to reply in the following
words

M^. Speaker and Gentlemen
This most honourable Reward cannot fail to make the deepest
Impression upon generous minds — it will increase the laudable Am-
bition of those on whom it is conferred and excite others to emulate
that Fame which they have acquired

May the happiest consequences be derived to the United States
from the Independence of America who could not obtain even- Peace
Liberty and safety by any other means

Your Disposition and assurances afford a confident Expectation
That this Session will be usefully employed

John Rutledge

21 September. 1776

Ordered That His Excellency's Speech delivered to both Houses
the address of thi^ House in answer thereto and His Excellency's
Reply be forthwith printed and made Public

Message to the President

May it please your Excellency,
This House being informed That a number of waggons laden
with woolens and other merchandize the Property of John Mitchell of
Meldrum in the Parish of St David are now on their way from Phil-
adelphia to this State having the Infection of the small-Pox among
some of the Drivers or Passengers request that your Excellency will
be pleased to give immediate Directions to the District Committee of
the said Parish to take every necessary Precaution and use every
means in their Power to prevent the Infection from spreading by
causing all Persons and merchandize infected therewith to be carried

36

to some distant Place from the Settlements and to place a proper
Guard thereon till such Time as they shall be fully satisfied that no
Infection remains or to pursue any other mode that they shall think
most proper.

That your Excellency may see the necessity for pursuing the above
measures we herewith send you a copy of the Report as agreed to by
the House in Consequence of the foregoing Information.

Ordered That the message be ingrossed and that M^. Speaker do
sign the same

Ordered That M^ Pegues and Major Hicks do carry the message
to the President

Message from the President by the Qerk of the Legislative Coun-
cil.

M**. Speaker and Gentlemen,

On considering Captain Lamprieres Letter herewith sent and

other Representations respecting the Ship Prosper it was thought

expedient at the Time of the late Invasion to apply her Guns to the

use of some of the Batteries and put her out of the way of Danger.

In my Opinion it will be most for the Public Advantage to sell
her or employ her in Trade, but I think my self not authorized to do
so you will therefore Judge in what manner it will be best to dispose
of her

The appointing Commissioners to superintend the naval affairs
of this State would I hope place them upon a better Footing than
the present — I therefore recommend it as a matter worthy of your
attention

John Rutledge

21 September. 1776

Read Captain Lamprieres Letter which accompanied the message
dated the 28th May last — ^which Letter is preserved among the
Papers of the present Sessions

upon motion

Resolved

That a Committee be appointed to examine the Public Treasury
accounts and report to the House an exact and circumstantial account
of the State of the Treasury what sums have been issued and for
what particular services arranging under distinct Heads the particu-
lar Services for which the monies have been expended

Ordered That M**. Neufville the Honourable M»". Edwards M**.
Josiah Smith Junior Captain Roger Smith M^. Corbett M**. Jones and
M^. Webb be a Committee for the above Purpose

37

Colonel Pinckney presented to the House according to Order an
Ordinance for appointing commissioners for selling certain East
India Teas imported into this State from Great Britain and for ap-
plying the monies arising therefrom to the use of the said State And
the same was received and read the First Time

Resolved That the Ordinance be read a a Second Time

And the same being read accordingly

Ordered That the Ordinance be sejit to the Legislative Council

Ordered That the Honourable M*". Justice Matthewes and M**.
Middleton do carry the same to the Legislative Council

The House being informed That Captain Joseph Turpin Com-
mander of the armed Brigantine Comet belonging to this State is
absent and gone to Georgia without Leave

, Ordered That Captain Turpins Letter of the i6th Instant ad-
dressed to this House laid before them on the 17th Instant and then
ordered to lie on the Table be now read

And the same being read accordingly is as foUoweth

Honourable Gentlemen

Having had the Honour to serve in your navy with some Repu-
tation — think it my Duty to acquaint you before I quit that Service
with my Reasons for so doing —

The Navy of England have ever been invincible from no other
Cause than the great Encouragement they give their Officers and
People and the wise and honourable Footing they are set on.

All Prizes taken from their Enemies are divided into Eighths in
the following manner.

Three Eights to the Captain

One to the Lieutenants master and Officers of Marines, if a
Captain

One to the warranted Officers

One to the Petty Officers

And Two to the men before the mast

One of these Two Eighths George the Second gave to the Seamen
in the year Forty, as an Encouragement

All Ships of War either King's Ships or Privateers taken from
the Enemy or destroyed the King allows Ten Pounds for each man
and Ten Pounds for each Gun the Enemy had on Board

Captains of the Navy serving under an Admiral gives up one of
his Three Eighths to that Officer no other Deductions are made
whatever

38

As to Rank — ^all Post-Captains rank with Colonels of Horse or
Foot in the Land Service Commanders who have not taken Post
with Majors and the Lieutenants of the Fleet with Captains of the
Army

To conclude — I humbly offer this Plan for your Perusal and on
those Terms shall be ready and proud of the Honour to serve you
And am Honouarable Gentlemen .

Your most obedient &

most humble Servant
Joseph Turpin
Charles Town South Carolina

1 6th September, 1776

Resolved That this House will on Monday next ballot for another
Commander of the Brigantine Comet

upon motion

Resolved That the armed Ship Prosper belonging to this State
be sold and that the monies to arise from such sale be deposited in
the Public Treasury

Ordered That a Copy of the above Resolve be sent to the Legis-
lative Council for their Concurrence

Ordered That the Honourable M^ Justice Matthews and M^
Middleton do carry the Resolve to the Legislative Council

Ordered That a message be sent to the President requesting that
His Excellency will be pleased to give directions for the sale of the
ship Prosper her apparel and Furniture

Message to the President

May please your Excellency
This House having resolved That the armed ship Prosper be-
longing to this State with her apparel and Furniture be sold and the
money arising by such Sale lodged in the Treasury request that your
Excellency will be pleased to give Directions accordingly

Ordered That the message be ingrossed and that M' Speaker do
sign the same

Ordered That the Honourable M"". Edwards and M^ Chiffelle do
wait on His Excellency with the said message

M^. Pegues reported That Major Hicks and himself had delivered
the Message they had in Charge to the President

M^ Dupont reported from the Commissioners appointed by an
Ordinance passed the giii of April last to take a State of the Treas-
ury' and to settle the accounts of the late Powder-Receiver And he

39

read the Report in his Place and afterwards delivered it in at the
Clerk's Table where the same was read

Upon a Doubt expressed by the said Commissioners in Respect
to settling with the late Powder-Receiver

Ordered That the Report be re-committed and that the Commis-
sioners be authorized to select and accept from the late Powder-
Receiver such Bonds as 'they shall approve of for the Balance of
Monies due from him to the Public of this State and to procure
from the Obligors in such Bonds in lieu thereof Bonds payable to
the present Commissioners of the Treasury for the use of the State
And that they do report their Proceedings thereon additional to the
Report re-committed to this House

The Honourable M^ Edwards reported That M"*. Middleton and
himself had delivered the Message they had in Charge to the Presi-
dent

Resolved That the Commissioners of the Treasury be authorized
and required to receive Payment of the Bonds payable to the King
and notes payable to the late Joint Public Treasurers mentioned in
the foregoing Report or in Lieu thereof to take new Bonds payable
to the said Commissioners for the use of this State

Ordered That the Commissioners of the Treasury be immediately
served with a Copy of the above Resolve

Ordered That Leave be given to bring in a Bill for appointing
Commissioners to superintend and direct the Naval Affairs of this
State And that the Honourable M^ Edwards Captain Roger Smith
M^. Corbett M^ Neufville and M^. Ward be a Committee to prepare
and bring in the same

And the House adjourned till Monday morning nine of the Clock

Monday the 23d Day of September. 1776

The House met according to adjournment

Read the Journal of last Saturdays Proceedings

Ordered That Colonel Gervais M^ Loocock the Reverend M^.
Tennent M^ Moore M*". John Williams M^. Robinson Major Hicks;
M"*. Pegues M^. John Caldwell of St. Matthews / M"*. Cantey and
M^ Harrington be a Committee to consider and report to the House-
proper Places of Election and the Names of Persons proper to
receive Votes and make Returns in the different Districts where
there are no Churches or Church- Wardens And that the said Com-'
mittee do sit upon that Business without Loss of Time

40

The Honourable M"" Matthews reported That M^ Middleton and
himself had delivered the Ordinance and also the Message they had
in charge to the Legislative Council

Ordered That the Order of the Day to ballot for another Com-
mander of the Brigantine Comet be discharged

Ordered That a Committee be appointed to receive the Names of
Persons desirous or proper to be appointed to the Command of the
Brigantine Comet that they do sit forthwith for that Purpose and
give Public notice thereof

Ordered That the Honourable M^ Edwards M«" Corbett M^ Hall
M*". Chiffelle and M^. Ward be a Committee for the above Purpose

Ordered That Colonel Garden M^. Harrington Captain Singleton
Captain White and Captain Maham be added to the Committee for
revising the present militia Law and to bring in a Bill for the better
Regulation of the Militia

Message from the Legislative Council by their Clerk

M*" Speaker

The Legislative Council have read twice the Ordinance for
appointing Commissioners for selling certain East India Teas
imported from Great-Britain into this State and for applying the
monies arising therefrom to the use of the said State

And then the messenger withdrew

Resolved That the said Ordinance be now read a Third Time

And the same being read accordingly

Resolved That the Ordinance do pass t

Ordered That M^. Ward and Captain M^^Queen do carry the Ordi-
nance to the Legislative Council

Message from the President by the Clerk of the Legislative
Council

M^ Speaker and Gentlemen

Colonel Powell having represented the necessity of a Stockade-
Fort at the Cheraw-Hill I gave him Directions some Time ago (by
advice of the Privy Council) to have one built there But on receiv-
ing from him the Petitions and Estimate herewith laid before you
some of which Petitions prayed that it might be built at that Place
and others at Long-Bhiff And being informed by several Inhabi-
tants of St Davids Parish that a Fort at either of those Places was
altogether unnecessary I thought it proper (the Time of your meet-
ing being then not very distant) to suspend the matter till I could

41

have your Opinion respecting it And I now refer this Subject to your
consideration

John Rutledge
23d Septem. 1776

And then the messenger withdrew

Read the Petitions referred to in the message — which with the
Estimate are preserved among the other Papers of the present Ses-
sions •

Ordered that the message with the Papers accompanying the same
be referred to a Committee

And they are referred to M*". Harrington Major Hicks M*". Pegues
Captain Withers Captain White M'. Young and Cap*. Trapier

Ordered Captain Tucker have Leave of absence from the Service
of this House

Upon Motion

Resolved That M*" Speaker be desired to write to the Delegates of
this State in the Continental Congress that they will cause this House
to be furnished with a complete Copy of the Journals of the Pro-
ceedings of the said Congress for the use of this State

And then the House adjourned till To-morrow morning nine of
the Clock

Tuesday the 24th Day of September. 1776

The House met according to Adjournment

Read the Journal of Yesterdays Proceeding

M"*. Joseph Palmer Captain Samuel Wise and M' Daniel Rave-
nell took the Oath prescribed by the Constitution and their Seats
as members of this House

M"*. Jonathan Scott the returning Officer of the Election for the
Parish of Christ Church attended according to order and being called
in amended the Return by rasing the Name of Levi Durand Esquire
and inserting instead thereof the name of ^William Scott Junior
Esquire

The Honourable M^ Lowndes reported from the Committee to
whom the Petition of Edward Fenwick Esquire was referred and he
read the Report in his Place and afterwards delivered it in at the
Clerks Table where the same was read and is as followeth
• That in September last as M*". Fenwicke informed your Com-
mittee he received a Letter from M*". Stuart informing him that he
had sent for an Inventory of his Slaves in order to enable him the
better to judge what Part he would allot to M^. Fenwick in Part of
his Lady's Portion — which Letter is mislaid

42

That M*". Fenwick produced a Letter dated 23d December from
M^ Stuart directed to M^ Balingall wherein he tells M*". Balingall
that if it is agreeable to him he leaves it to him to move Twenty of
his Hands from Maple-Cane to M^. Fenwick's Plantation at Ashe-
poo And that he M"*. Stuart proposed also to give Orders to M*".
Charles Shaw to remove Ten more from Lady's Island so as to be
at M*" Fenwick's in February following .

That M"* Fenwick informed the Committee that M*" Shaw did in
Consequence receive such Directions from M*" Stuart concerning the
Ten Negroes to be removed from Lady's Island That M^ Shaw is
now in Town and although he has not the Letter to produce he is
willing to make Oath to the Purport of it as above M*^ Shaw appear-
ing before the Committee confirmed this Article

That M*". Fenwick informed the Committee that he also had
received a Letter from M^. Stuart acquainting him that he had wrote
Letters to M'. Balingall and Shaw to the above Purpose That the
Letter was detained in the Post Office at Georgia a considerable
Time and taken up (opened) by M"*. Rose who brought it to M"*.
Fenwick in May last That M*". Fenwick in Consequence went up to
M"*. Balingall who acknowledged the Receipt of M*". Stuart's Letter
but informed M^. Fenwick that the Effects of M"*. Stuart were taken
out of his Hands by Order of the Congress otherwise he would have
complied with M^ Stuart's Directions Shaw also declared to M^.
Fenwick that he would have delivered up the Ten Negroes men-
tioned in his Letter had M*". Stuart's Effects remained in his Cus-
tody.

That M^. Fenwick has no Bill of Sale or other Instrument of
writing transferring the said Slaves to him but is assured from the
Letter received from. M^ Stuart first referred to that it was M*".
Stuart's Intention to have given him those Slaved as Part of his
wife's Portion and that the Orders given to M*". Balingall he con-
siders as an Evidence of such his Intention

That M^. Fenwick informed the Committee that there are now;
brought to Charles Town seized on attachment Ten of the Slaves
belonging to M*". Stuart from Maple Cane besides a considerable
number gilready sold That the Crop now on the Ground must be
lost for want of Negroes to harvest the Crop That if the Crop of
the last year lying on Hand together with the Indico made the pres- ,
ent year were put into his Hands he couid by the Proceeds thereof
pay of the attachments on which the negroes were seized and redeem
the negroes now in the Custody of the Sheriff which would afford

43

them the means of saving some Part of the Crop on the Ground
which must now inevitably be lost

That he will give Security to apply the Effects put into his Hands
solely to the Payment of the Just Debts of M*". Stuart and account
with any Person the House will appoint for the Residue of the
Sales

That on the above State of Facts which M*". Fenwick is ready to
attest upon Oath the Committee are of opinion That it appears to
have been the Intention of M"". Stuart to have given to M*". Fenwick
his Son-in-Law Thirty negroes* in Part of his wife's Portion But
inasmuch as there is no Deed or regular Transfer for that Purpose
from M*" Stuart obligatory upon him the Committee are of opinion
that the Presumption arising from the Letters wrote by M*" Stuart is
not sufficient in Law to vest the Property of the said Slaves abso-
lutely in M^. Fenwick : But as it is clear and evident by the Directions
given to Balingall and Shaw that M*". Stuart intended at least to give
to M*". Fenwick the Temporary use and service of Thirty Slaves to
work on his Plantation at Ashepoo and that those Persons would
have put M^. Fenwick into the quiet Possession of them if they had
not been prevented by the Orders of the Congress which dispos-
sessed them of the Powers over M*" Stuart's Effects the Committee
recommend= That M^. Fenwick may now take the Liberty of avail-
ing himself of the Temporary use of the said Slaves and that M*".
Balingall and M^ Shaw may be permitted to deliver over to him
the said Negroes or such Part thereof as are in their Power agree-
able to M^. Stuart's Directions M"*. Fenwick holding himself answer-
able for the said Negroes and obliged to deliver' them whenever
thereunto required by the Resolution of this House

That the Committee are of Opinion it would be detrimental and
grievous to sell the negroes of M"* Stuart for the Payment of his
Debts while there is a sufficient Value in perishable Commodity for
that Purpose on Hand the more especially as this present Crop on
the Gfound would thereby be totally lost The Committee therefore
further recommend That M*". Fenwick be permitted to take in his
Pos=:sion the Rice and Indico belonging to M*". Stuart dispose of
the same and apply the Proceeds to the Payment of the just and legal
Debts of M"* Stuart holding the Residue if any there is in his Hands
subject to the Disposal of this House and that M^. Fenwick lodge in
the Hands of the Commissioners of the Treasury a faithful and exact
account attested on Oath of such Sale and Payments '- .

44

Ordered That the said Report be taken into Consideration To-
morrow

William Scott Junior Esquire took the Oath prescribed by the
Constitution and his Seat as a member for the Parish of Christ
Church

A Petition of William Hort Esquire was presented to the House
and read the words following

That a Part of the Land on which the Troops lately encamped at
Haddrels Point is the Property of your Petitioner That they had
while there totally destroyed a Field of Corn and other Provisions a
large Garden with a great number of Choice Fruit Trees and burnt
and destroyed all his Fences and otherwise injured him Your Peti-
tioner humbly hopes that you will take his Case into Consideration
and grant him such Relief as to you in. your wisdom shall seem
meet

Ordered That the Petition be referred to the Consideration of a
Committee

And it is referred to M*". Capers Captain Vanderhorst M*". Benja-
min Elliott M^. John Boone and M^. William Scott Junior

M"^. Corbett reported from the Commissioners appointed by the
late Congress to purchase materials for and superintend the making
of Gun Powder And he read the Report in his Place and afterwards
delivered it in at the Clerks Table where same was read and is as
followeth

That they did employ William Bartey a man skilled in the art of
making Gun-powder That they have allowed him Twenty Shillings

_ •

Currency per Pound for all the Gun-powder that he produced out
of the materials with which the Commissioners furnished him with
charging him with those materials That they have worked up into
Gunpowder all the nitre they have received or could produce which
is as follows

200tt from M' John Neufville paid for by the Treasury

lOO ^

Q . V from M*" Daniel DeSaussure paid for by the Treasury
4^72 J

34&y2

34&y2tt

100 "l^ The Commissioners bought in Charles-Town and paid
30 J for

In all 478i4tt of nitre

45

From which they have made and delivered to the Gun-powder Re-
ceiver and Officers of the Army (per Receipts for the same) six
Hundred and Twenty-five Pounds weight of Gun-powder

That the Commissioners have also received a Cask of Brimstone
from M'. Neufville and two Casks from M*". DeSaussure paid for
by the Commissioners of the Treasury and two Thousand nine Hun-
deed and Five Pounds of Brimstone which the Commissioners for
Gun-powder bought and have paid for in Charles Town out of
which they have used only seventy Pounds, M*" Bartey having Brim-
stone of his own which he furnished in the making of Gun-powder
Part of the Brimstone is lodged in the Public Magazine by Order
of the late Council of Safety the Rest M*". Calvert is ordered to put
into the arsenal ; The Expences attending this Business are charged
in an account delivered herewith on which there is a Balance due to
the Commissioners of One Hundred and Eighteen Pounds Thirteen
Shillings and Four Pence Currency

The Account referred to being likewise read

Ordered That the Commissioners of the Treasury do pay 'to M'.
Thomas Corbett and the Reverend M*". William Tennent Commis-
sioners for purchasing materials for and to superintend the making
of Gun Powder a Balance of One Hundred and Eighteen Pounds
Thirteen Shillings and Four Pence which appears to be due to them
on that account

M*" Loocock reported from the Committee to consider of and
report proper Places of Election and proper Persons to receive the
votes of Electors and make Returns thereof in such Districts where
they are not already appointed And he read the Report in his Place
and afterwards delivered it in at the Clerks Table where the same
was read and is as followeth.

That the Election for the District between Savannah River and
the North Fork of Edisto should be held at Kelly's old Cowpen —
and the Commissioners be George Robinson John Collins John Sally
Esquires Mess". Henry Peoples and William Robinson or any one or
more of them

That the Committee find the Places already fixed in every Parish
and District within this State except the above and also Church
Wardens or Commissioners accommodated to each Place of Election
And

That the Committee apprehending all or most of the Commission-
ers for the Spartan or upper District may be absent at the Time of

46

the next Election recommend That Lieutenant Colonel Wofford and
M*". John Nuccols may be added to the same

Resolved That the Report be taken into Consideration immediately

And the same being taken into Consideration accordingly

Resolved That this House do agree with the Report of the Com-
mittee

Upon Motion

Resolved That in all such Districts throughout this State where
Commissioners are appointed to attend and receive Votes for elect-
ing members of the General Assembly and t6 make Returns of such
Elections any One or more of the said Commissioners shall be
sufficient for those Purposes

'^ Ordered That the Resolves of this House of the nth of April last
on the above subject together with the foregoing be forthwith
printed and sent to the several Districts

Captain M^^Queen reported That M*". Ward and himself had
delivered the Ordinance they had in Charge to the Legislative
Council .

The Clerk of the Legislative Council brought from the House an
Ordinance for appointing Commissioners for selling certain East-
India Teas imported from Great-Britain into this .State and for
applying the monies arising therefrom to the use of the said State
and read a Third Time in the Legislative Council

Ordered That the Ordinance be ingrossed

M'. Ward presented to the House according to Order an Ordi-
nance for disarming Persons notoriously disaffected to the Cause of
America or who shall not associate and shall refuse to associate to
defend by Arms the United States of America and the State of South
Carolina in particular against the hostile attempts of the British
Fleets and Armies And the same was received and read the First
Time

Resolved That the Ordinance be read a second Time To-morrow

A Copy of the Presentments of the Grand Jurors at a Court of
Oyer and Terminer Assize and General Delivery begun and holden
at Ninety-six for the District of Ninety-six on Thursday the 30th
of May 1776 was presented to the House and read with the Orders
of the Court thereupon directing the following to be laid before the
Legislature viz

First The want of Places of Public Worship and Free Schools

Second The want of a proper Vagrant Law

M7

Third That writs are issuable from and returnable to Charles
Town only and that the Records are not kept in the different Dis-
tricts

Fourth The want of Provision for many poor and indigent
Persons — and recommend that the Committee in the different Dis-
tricts where there are no Parishes be impowered to assess for that
Purpose

Fifth The want of Public Roads through the Province in Gen-
eral and the bad Repair in which several are kept and particularly
the want of a Road to lead from the upper Parts of Savannah River
Rocky River and Little River heading the South Fork of Edisto
and Salcatchee Rivers to Hort's Ferry on Edisto River and from
thence to Slann's Bridge

Ordered That the said Presentments do lie on the Table for the
Perusal of the Members

Ordered That M' Bacot and M*". Theodore Gaillard jun^ be added
to the Committee appointed on the 21st Instant to examine the Public
Treasury Accounts and report it to the House an exact and circum-
stantial Account of the State of the Treasury what Sums have been
issued and for what particular services arranging under distinct
Heads the particular services for which the monies have been
expended

Resolved That the House will proceed to the Choice of a Captain
and Commander of the Brigantine Comet To-morrow morning Ten
of the Qock

Ordered That Colonel Pinckney and the Honourable M*". Justice
Matthews do wait on the Legislative Council to request their atten-
dance in this House Tomorrow morning Ten of the Clock to join in
balloting for a Captain and Commander of the Brigantine Comet

And then the House adjourned till To-morrow morning Nine of
the Clock.

Wednesday the 25th of September. 1776

The House met according to adjournment

Read the Journal of Yesterdays Proceedings

Jacob Richman Henry Patrick and Benjamin Screven Esquires
took the Oath prescribed by the constitution and their Seats as
members

Ordered That M*". Richman, M*". Singleton, M^ Moore, M*". Wil-
liams, M*". Caldwell, M^. Harrington, M*". Robinson Colonel Gervais
and M*". Ward be a Committee to revise the List of Magistrates and
report the Names of Persons proper to be added thereto

48«

The Order of the Day being read to take into Consideration the
Report of the Committee to whom the Petition of Edward Fenwick
Esquire was referred

And the Petition of Edward Fenwick Esquire being also read
A Petition of John Berwick Esquire was presented to the House
and read in the words following

That on or about the night of the i6th of July last while your
Petitioner was called from the Care of his private Concerns and
bearing Arms in Charles Town in Defence of this State against
the cruel Invaders of its just Rights and Priviledges an armed Vessel
supposed to be that commanded by Captain Osbom commissioned by
the Province of East Florida to cruize against the United States
of America landed his men and carried off by violence Eight of
his most valuable Slaves compelling the Overseers Wife to conduct
them to those Houses where the best of his negroes were known
to reside to the great Injury of the Estate of your Petitioner said
Slaves together with a Loss sustained in his Crop being in the
Opinion of your Petitioner to the value of Seven Thousand Pounds
Currency at a moderate Computation

Your Petitioner also begs Leave to represent to the House that he
is well informed that John Moultrie Esquire Lieutenant Governor
of East-Florida from whence the said piratical cruizer was com-
missioned and John Stuart Esquire late Superintendent of Indian •
Affairs are possessed of certain Estates or other Property within this
State and the said John Moultrie and John Stuart Esquires having
taken an active Part with our Enemies against these United States

Your Petitioner therefore encouraged by some recent Precedents
in which Individuals have been permitted to make Reprisals and
to indemnify themselves for their Losses by seizing upon the Prop-
erty of the Enemy within this State prays that the House would
take the Premises into Consideration and enable your Petitioner to
attach and convert to his own use so much of the Property or Effects
of the said John Moultrie or John Stuart Esquires or any other
known Enemy of this State and of the Liberties of America in
general found within this State as shall fully indemnify him for his
great Losses or that the House would be ple;ased to grant your
Petitioner such other mode of Redress as to their wisdom may seem
more fit and proper

Ordered That the Petition be referred to a Committee

And it is referred to the Honourable M^. Lowndes Captain Joiner
M*" Benjamin Elliott M^. DeSaussure M^ Stobo and M^. Young

49

>

Ordered That the Order of the Day be discharged

Ordered That the Consideration of the Report on M*" Fenwick's

Petition be postponed till the Committee appointed to consider M'

Berwick's Petition shall have reported thereupon

Message from the President by the Qerk of the Legislative
Council

M*" Speaker and Gentlemen

I send you some other Petitions which have been lately pre-
sented to me relative to a Fort at the Cheraw-Hill ^

John Rutledge
25th September. 1776

Read the Petitions referred to which are preserved among the
other Papers of the Session

Ordered That the Petitioners be referred to the same Committee
to whom the Presidents Message of the 23d Instant and other Peti-
tions upon the same Subject were referred

It appearing to the House that Thomas Farr junior Esquire Clerk
to the late Commons House of assembly had in Pursuance of an
Order of the Council of Safety dated 24th of October last removed
the Journals Books and other Papers belonging to the said House
to Dorchester and there delivered them to the Commissioners
appointed for that Purpose and taken their Receipt for the same
which Receipt was produced to the House

Ordered That M*" Farr be discharged from any further Charge
of the said Journals Books and Papers and that the same be taken
into the Care of the Qerk of this House

A Member presented to the House a Certificate of an Election
for the District of Saxe-Gotha And he read the Certificate in his
Place and afterwards delivered it in at the Qerk's Table where the
same was read and is as follows
South Carolina
Saxe-Gotha District

In Pursuance of a Letter from the Honourable William Henry
Drayton informing the Committee for this District that a writ of
Election was issued and sent up for a Member in the House of
General Assembly (though the said writ never came to Hand) the
Electors of Saxe-Gotha District were duly summoned to meet at
Congarees on Friday the 13th Instant for the Purpose of electing
a member for the said District and the said Election having been
held it appeared that the Honourable William Henry Drayton was
duly and unanimously elected to represent the said District in the

4— H. c.

/

50

*

present General Assembly which Proceedings are hereby certified
and returned by us the Commissioners for the District Signed the
22d Day of September. 1776

William Arther
Jacob Friday
Ralph Humphreys
To the Speaker of the General House
of Assembly for South Carolina

After some Debate

A Motion was made That M' Drayton be called in to qualify

And the Question being put

The House divided

The Yeas went forth

Teller for the Yeas M^ Attorney General — ^32

Teller for the Noes Honourable M^ Lowndes — 52

So it passed in the negative

Hopson Pinckney Esquire took the Oath prescribed by the Con-
stitution and his Seat in the House as a member for the Parish of
St Thomas and St Dennis

Message from the President by the Clerk of the Legislative Council

M^. Speaker and Gentlemen

Colonel Williamson lately desired my Instructions with respect
to telling the men engaged in the Expedition against the Cherokees
that such of those Indians as should be taken Prisoners would
become slaves and the Property of the Captors which notion I find
prevailed in his Camp insomuch that an Indian woman who had
been taken Prisoner was sold as a slave — I send you an Extract of
my Letter in answer to His on this Subject — And agreeable to my
Promise to him recommend the giving suitable Encouragement to
those who shall distinguish themselves in the war against the Chero-
kees which I doubt not you will — I wish to be enabled to assure
Colonel Williamson soon with Certainty what they may expect

John Rutledge
25th September. 1776

Read the Paper referred to entitled Extract of a Letter 3d Sep-
tember in answer to Colonel Williamsons of August 25th

Ordered That the Message and Extract accompanying the same
be referred to a Committee

And it is referred to the Honourable M*". Lowndes the Honourable
M*". Edwards Colonel Gervais Colonel Pinckney M*" Neufville M*".
Cantey and M*". Waring

51

Colonel Pinckney reported That the Honourable M^ Justice
Matthews and himself had according to order waited upon the Leg-
islative Q>uncil to desire their attendance in this House in Order
to join in balloting for a Captain and Commander of the Brigantine
Comet

The Members of the Honourable the Legislative Council being
introduced into this House accordingly

The Members of both Houses proceeded to ballot

And the Ballots being reckoned

M*". Speaker reported That James Dogharty Esquire was duly
elected Captain and Commander of the Brigantine Comet
' Ordered That the Honourable M^. Edwards and Captain Joiner
do wait on the President to acquaint him that this House and the
Honourable the Legislative Council have jointly by Ballot duly
elected James Dogharty Elsquire Captain and Commander of the
armed Brigantine Comet belonging to this State and to request that
His Excellency will be pleased to cause him to be sent for Express
and to commissionate him accordingly

A Memorial of the Vestry of Saint Philip's Charles Town was
presented to the House and read in the following words

That many Difficulties occurred which rendered it altogether
impossible for memorialists to make a just and equitable assessment
for a Poor-Tax on the Inhabitants of Charles-Town according to
the Directions of the act of Assembly but more particularly the
Removal from Town for several months past of great numbers of
those Inhabitants who were liable by Law to be taxed for that Pur-
pose and though some of them have lately returned it is nevertheless
now out of the Power of memorialists to make an assessment because
the Time limitted by Law for doing it is expired.

That Memorialists were obliged some Time since to borrow a
large Sum of money (exclusive of what hath been already lent by
your Honourable House) in order to defray the Expence of sup-
porting the Poor of this Town and transient Poor from the differ-
ent Parts of the Country and also from our Sister States who are
daily applying for an Increase of their monthly allowance because
of the exhorbitant Prices that are demanded for all the necessaries of
Life

Memorialists therefore pray that your Honourable House will
take the Case into your most serious Consideration and accordingly
make Provision for the subsistence of said Poor until a Tax can
be legally assessed or Memorialists will be reduced to the unavoid-

52

able necessity of yielding up their Tnist and leaving the Poor alto-
gether to the Care of Heaven or begging their daily Bread frc«n
Door to Door

Ordered That the memorial be referred to a Committee

And it is referred to M*" Hall M^. John Berwick M*" Verree
M*" Brown M*" Toomer M*" Josiah Smith Junior and M' Eveleigh

Upon Motion

Resolved That M*^ Speaker do forthwith issue writs for electing
members of the present General Assembly for the following Par-
ishes and Districts where Vacancies have happened, (viz.)

One Member for the Parishes of St Philip and St Michael
Charles-Town in the Room of Cato Ash Esquire deceased.

One Member for the Parish of St Andrew in the Room of the
Honourable Thomas Fuller elected into the Legislative Council,

One Member for the Parish of St James Goose-Creek in the
Room of the Honourable John Parker elected into the Legislative
Council.

Two Members for the Parish of St James Santee in the Room of
the Honourable Daniel Horry elected into the Legislative Council
and of Levi Durand Esquire who having been returned for Christ-
Church and also for St James Santee had made his Election for
the former

One Member for the Parish of St Helena in the Room of the
Honourable William Moultrie elected into the Legislative Council
And

One Member for the District of Saxe-Gotha in the Room of the
Honourable William Henry Drayton elected Chief Justice of this
State

Ordered That the Election Days for filling up the said ^Vacancies
be Monday and Tuesday the seventh and eighth Days of October
next and that the writs be made returnable the ninth Day of the same
Month

It being suggested to the House that the Writ which had been
issued in August last for the Election of a Member for the Parish
of St Bartholomew had been founded on a mistake

Ordered That the said Writ and all the proceedings had thereon
be quashed.

The Order of the Day being read for reading a Second Time
and Ordinance for disarming Persons notoriously disaffected to the
Cause of America or who shall not associate and shall refuse to asso-
ciate to defend by arms the United States of America and the State

53

of South-Carolina in particular against the hostile attempts of the
British Fleets and Armies

Ordered That the said Order be discharged and that the second
Reading of the Ordinance be postponed

The Honourable M^. Edwards reported That Captain Joiner and
himself had delivered the message they had in Charge to the Presi-
dent And that His Excellency was pleased to say the Request of the
House should be complied with

And then House adjourned till To-morrow Morning Ten of the
Clock

Thursday the 26th Day of September. 1776

The House met according to adjournment

Read the Journal of Yesterdays proceedings

Joseph Howe Francis Adams Thomas Janes John Janes and
Lachlan Macintosh Elsquires took the Oath prescribed by the Con-
stitution and their Seats as Members of the House

The Honourable M"" Lowndes reported from the Committee to
whom the Petition 1 of John Berwick Esquire was referred And he
read the Report in his Place and afterwards delivered it in at the
Clerks Table where the same was read and is as followeth.

That inasmuch as there are several of the Inhabitants of this State
who have received the like Injuries with M^ Berwick by the Depre-
dations of the Enemy and many more may probably have the same
cause of complaint during the present struggle with Great Britain
Your Committee are of Opinion that it will be most eligible and
equitable to fix one General Rule of Retribution that may compre-
hend equally all the sufferers that the same Measure of Justice may
be extended to all That partial and particular Remedies to Individ-
uals before a general account can be obtained and stated would
probably exclude may sufferers from the means of satisfaction and
occasion murmu rings and Complaints

That as the Grievance complained of must necessarily be felt
throughout the Continent it is presumable the Honourable the Con-
tinental Congress may rrtake some Order thereupon respecting the
measures to be taken by the different States respectively which will
establish a unifprmity of Proceedings among them

Your Committee to avoid any Embezzlement or Deminution of the
Estates of any Persons absent from this State who are known to
hold Principles inimical to the Liberties of America recommend that
this House take proper steps to secure such Estates from being

54

alienated embezzled or diminished to serve as a Fund hereafter if
the House think proper to make Compensation in equal Degree to
all Persons who have or shall sustain Losses by the British Forces
And that Leave be given to bring in a Bill for those Purposes

Resolved That the Report be taken into Consideration imme-
diately

And the said Report being read a Second Time was agreed to by
the House

Ordered That Leave be given to bring in a Bill for the Purposes
mentioned in the last clause of the said Report And that Colonel
Pinckney M^ Attorney General M^. Loocock M"^. John Berwick and
M*". Ward do prepare and bring in the same

Message from the President by the Clerk of the Legislative Coun-
cil

M*" Speaker and Gentlemen

With the advice and Consent of the Privy Council I appointed
John Colcock Esquire Secretary and John Calvert and Benjamin
Lord messengers to that Board and Thomas Farr Esq*". Paymaster
of the Militia I therefore desire that you will provide such allow-
ances or salaries for them as may be reasonable and adequate to their
respective services

John Rutledge
26th Sept^ 1776

Ordered That the Message be referred to the following Committee
viz M^ Attorney-General M^. Ward M^. McQueen Colonel Garden
and M^ Ralph Izard

Then the House proceeded to take into Consideration the Report
of the Committee to whom M*". Fenwick's Petition had been referred

The First Second Third Fourth Fifth Sixth and Seventh Para-
graphs being read were agreed to by the House

The Eighth Paragraph being read and a Debate arising thereon

A Motion was made that the House disagree to the recommenda-
tory Clause

And the Question being put

Resolved in the affirmative

And then the last Clause of the Report was read and after sev-
eral Amendments made thereto agreed to by the House And the
Report is as followeth

That in September last as M*". Fenwick informed the Committee
he received a Letter from M"^ Stuart informing him that he had
sent for an Inventory of his slaves in order to enable him to judge

55

what Part he would allot to M*" Fenwick in Part of his Lady's Por-
tion — which Letter is mislaid

That M^ Fenwick produced a Letter dated 23d December from
M*" Stuart directed to M^ Ballingal wherein he tells M*". Ballingall
that if it is agreeable to him he leaves it to him to move Twenty
of his Hands from Maple Cane to M^. Fenwick's Plantation at
Ashepoo And that he M*" Stuart proposed also to give Orders to
M*", Charles Shaw to remove Ten more from Lady's Island so as to
be at M^. Fenwick's in February following

That M^ Fenwick informed the Committee that he also had
received a Letter from M^ Stuart acquainting him that he had wrote
Letters to M*" Balingall and M^ Shaw to the above Purpose That
the Letter was detained in the Post Office at Georgia a considerable
Time and taken up (opened) by M^. Rose who brought it to M*".
Fenwick in May last That M*". Fenwick in Consequence went up to
M^ Balingall who acknowledged the Receipt of M*" Stuart's Letter
but informed M*" Fenwick that the Effects of M*" Stuart were taken
out of his Hands by Order of the Congress otherwise he would have
complied with M*". Stuarts Direction Shaw also declared to M^ Fen-
wick that he would have delivered up the Ten Negroes mentioned in
his Letter had M^ Stuart's Effects remained in his Custody

That M*". Fenwick had no Bill of Sale or other Instrument of
writing transferring the said Slaves to him but is assured from the
Letter received from M^ Stuart first referred to that it was M^
Stuart's Intention to have given him those those slaves as Part of
his Wife's Portion and the Orders given to M^. Balingall he con-
siders as an Evidence of such his Intention

That M^. Fenwick informed the Committee that there are now
brought to Charles Town seized on attachment Ten of the Slaves
belonging to M' Stuart from Maple Cane besides a considerable
number already sold Tliat the Crop now on the Ground must be
lost for want of negroes to harvest it That if the Crop of the last
year lying on Hand together with the Indico made the present year
were put into his Hands he could by the Proceeds thereof pay off
the attachments on which the negroes were seized and redeem the
negroes now in the Custody of the sheriff which would afford them
the means of saving some Part of the Crop on the Ground which
must otherwise inevitably be lost

That he will give security to apply the Effects put into his Hands
solely to the Payment of the Just Debts of M^ Stuart and account

with any Person the House will appoint for the Residue of the
sales

That on the above State of Facts which M' Fenwick is ready to
attest upon Oath the Committee are of Opinion that it appears to
have been the Intention of M"" Stuart to have given to M*" Fenwick
his Son-in-law thirty negroes in Part of his Wife's Portion But
inasmuch as there is no Deed or regular Transfer for that Purpose
from M*" Stuart obligatory upon him the Committee are of Opinion
that the Presumption arising from the Letters wrote by M** Stuart
is not sufficient in Law to vest the Property of the said slaves abso-
lutely in M*" Fenwick. But as it is clear and evident by the Direc-
tions given to Balingall and Shaw that M*" Stuart intended at least
to give to M*" Fenwick the temporary use and service of Thirty
slaves to work on his Plantation at Ashepoo and that those Persons
would have put M^ Fenwick into the quiet Possession of them if
they had not been prevented by the Orders of the Congress which
dispossessed them of the Power over M*" Stuart's Effects

That the Committee are of Opinion it would be detrimental and
grievous to sell the Negroes of M*" Stuart for the Payment of his
Debts while there is a sufficient value in perishable commodities for
that Purpose on Hand the more especially as the present Crop on
the Ground would thereby be totally lost Thee Committee therefore
recommend That the parochial Committees who are in Possession of
the Rice and Indico belonging to M*" Stuart be directed to dispose
of the same and apply the Proceeds to the Payment of the just and
legal Debts of M' Stuart holding the Residue if any there is in their
Hands subject to the Disposal of this House And that they lodge
in the Hands of the Commissioners of the Treasury a faithful and
exact account of such sale and Payments

Ordered That Leave be given to bring in an Ordinance for provid-
ing Juries for Beaufort District at the next November Court

M*" Attorney General presented to the House according to Order
an Ordinance for providing Juries for Beaufort District at the next
November Courts — ^And the same was received and read the First
Time

Ordered That the Ordinance be read a Second Time

Ordered That Colonel Pinckney and M*" Ralph Izard together
with some member of the Legislative Council examine and compare
the ingrossed Ordinance for appointing Commissioners for selling
certain East-India-Teas imported from Great-Britain into this State

57

and for applying the monies arising therefrom to the use of the said
State

An Ordinance for providing Juries for Beaufort District at the
next November Courts was read a Second Time

Ordered That the Ordinance be sent to the Legislative Council

Ordered That the Honourable M^. Justice Matthews and Colonel
Garden do carry the Ordinance to the Legislative Council

Ordered That Colonel Pinckney and M*". Attorney General be
added to the Committee appointed to bring in a Bill for appointing
Commissioners to superintend the naval affairs of this State

Colonel Pinckney reported That M*". Izard and himself with two
members of the Honourable the Legislative Council had examined
and compared the ingrossed Ordinance they had in Charge and
that they found it exact

Ordered That the Honourable M*" Edwards and M*" Ralph Izard
do wait upon the President with the ingrossed Ordinance in order
to have the Seal affixed and to desire to know when His Excellency
will be pleased to be attended by the House to present the said
Ordinance for his assent

M*". Harrington reported from the Committee to whom the Presi-
dent's Message of the 23^ Instant and Papers relative to erecting a
Fort at Cheraw-Hill were referred And he read the Report in his
Place and afterwards delivered it in at the Clerk's Table where the
same was read and is as followeth

That they having examined the Petition for and against building
a stockade Fort at the Cheraws are of Opinion That a Fort in that
secure part of the Country is intirely useless

And are further of Opinion That the keeping of Guard of Three
Hundred Men in June and July last and of Fifty men in August
and the present Month at the said Place was a measure not only
unnecessary and expensive to the state but detrimental and destruct-
ive to the Crops of many of the Poor Inhabitants — They therefore
recommend That the said Guard of Fifty men be immediately dis-
charged

And whereas a Quantity, of Gun- Powder and Lead was by Order
of Congress lodged in the Hands of the Committee for St David's
Parish for the use of the Militia Part of which Powder and Lead
has been drawn out of their Hands by Orders of the Commanding
Officer : your Committee therefore recommend That Orders be given
to the said Commanding Officer to return the said Powder and Lead
to the aforesaid Committee

58

Ordered That the Report be taken into Consideration To-morrow.

The Honourable M*^ Edwards reported That M^ Izard and himself
had according to Order waited on the President with the in-
grossed Ordinance and Message they had in Charge And that His
Excellency was pleased to say The House should hear from him.

And then the House adjourned till To-morrcTw Morning Eleven
of the Qock.

«
Friday the 27th Day of September 1776

The House met according to adjournment,

Read the Journals of Yesterday's Proceedings,

The House being informed by a member that a Cargo of Salt
had arrived in this Harbour yesterday, and that the Time limitted
for the Purchase of that Article bv certain Commissioners had
expired the Day before

Resolved That Mess". John Dawson, Edward Lightwood, John
Poaug, Joseph Atkinson, William Ancrum, James Fisher, and Al-
exander Chisolme be and they are hereby appointed Commissioners
to purchase the salt now in this Harbour on board the sloop Mar-
garet And that they have authority to allow such a liberal Price for
the same as may encourage the further Importation thereof and to
draw upon the Public Treasury for the amount of the said Purchase.

Ordered That Colonel M<=Intosh M*" Howe M^ Moore M*". Robin-
son Captain Townsend Captain Leger and M*" Young be a Commit-
tee to consider and report to the House the most equitable way of
disposing and distributing of salt amongst the Inhabitants of this
State

Resolved That if any S^lt-Works shall hereafter be set up or
established on any Part of the Sea-Coast of this State at the Ex-
pence and Risk of Individuals and the same shall be destroyed or
damaged by any Enemy of this State This House will indemnify the
sufferer or sufferers One Half of his or their Loss or Damage so
sustained provided he or they shall not have sold any Salt made at
such Works for more than Twenty-five shillings per Bushel.

Ordered That the foregoing Resolution be printed and made
public

A Petition of John Vauchier of the Town of Purrysburg was pre-
sented to the House and read in the following Words.

That for the Term of Twelve Years and upwards the Petitioner
hath kept at his own Expence a Ferry with proper Boats and Hands
for the Purpose of conveying and transporting Passengers with

59

their Horses and Carriages from Purrysburg aforesaid to Abercorn
and the Town of Savannah in Georgia That as far as the same hath
been in the Power of the Petitioner he hath used every Dispatch and
given every necessary attendance that could be expected from a man
in his slender Circumstances and for the same received certain Rates
of Ferriage as have been paid and given for a number of years That
from the great advantage that would arise by a quick Communica-
tion between the Two States of South Carolina and Georgia the
Petitioner is emboldened to state the same to the Honourable House
And therefore humbly prays that the House will be pleased to take
the same into Consideration and by some necessary Law to be passed
for that Purpose to vest the said Ferry in the Petitioner and his
assigns for a Term of years; so that the same be considered as a
public Ferry from Purrysburg as aforesaid to Abercorn or Savannah
as may be most convenient to Travellers and that he by Law be
intitled to receive such Rates of Ferriage as may be regulated by
the House so that the same be equivelent to the Expence he may be
at And further that the House will be pleased to take his case fully
into Consideration and grant him such Relief as the same may
require.

Read also a Certificate with thirteen names subscribed thereto
annexed to the Petition that a Public Ferry from the Town of
Purrysburg would be of great service to South Carolina and Geor-
gia And a Letter dated the 17th Instant subscribed by thirty-five
Inhabitants of the Parish of St Peter and addressed to Philotheos
Chiffelle against M^ Vauchier's Petition.

Ordered That the said Petition and Letter be referred to the fol-
lowing Committee (viz) Major Cattell M*" Brisbane M*". M^Pherson
Colonel Garden and Colonel M*^Intosh

The Honourable M"" Lowndes reported from the Committee to
whom the Presidents Message of the 25th Instant was referred And
he read the Report in his Place and afterwards delivered it at the
Clerk's Table where the same was read and is as followeth.

That subjecting Prisoners of War to a state of Slavery inde-
pendent of any Consideration of the Illegality of such a measure
would involve this State in many Difficulties obstruct and impede a
future Peace give the Indians a Precedent that may be fatal to those
of our own People who may unfortunately fall into their Hands and
prevent a mutual Exchange of Prisoners an object of too much Con-
sequence to be put out of our Power.

6o

That in the Opinion of the Committee it is not adviseable or
proper to give any Encouragement to the Forces now acting against
the Cherokee Indians to expect that the Property of such Indians as
may be taken Prisoners should be vested in the Captors and be made
Slaves but on the Contrary that public Declarations should be made
to prevent any such Expectations.

Your Committee as an Encouragement to those who shall distin-
guish themselves in the War against the Cherokees recommend the
following Rewards

For every Indian Man killed and Certificate thereof given by the
Commanding Officer and the scalp produced as an Evidence thereof
in Charles Town by the Forces in the Pay of this State One Hun-
dred Pounds Currency

For every Indian Man Prisoner One hundred and Twenty-five
Pounds

For every other Prisoner One Hundred and Pounds

Resolved That the Report be taken into Consideration imme-
diately

The First and Second Clauses of the Report being read were
severally agreed to by the House

The Third Clause being read and a Debate arising thereon

A Motion was made that the Reward for Indian Men's Scalps
should be • seventy-five Pounds

A the Question being put

The House divided

Teller for the Yeas Colonel Pinckney — 48

Teller for the Nays Major Cattell — 29

So it was Resolved in the Affirmative

A Motion was made that the Reward for taken Indian Men Prison-
ers should be One Hundred Pounds.

And the Question being put

Resolved in the Affirmative

A Motion was then made That the Reward 'for every other Pris-
oner should be One Hundred Pounds

And the Question being put

It passed in the negative

A Motion was made That the said Reward should be Ninety-
Pounds

And the Question being put

That also passed in the Negative

6i

A Motion was then made that the said Reward should be Eighty
Pounds

And the Question being put

Resolved in the Affirmative.

And the Report as amended and agreed to is as foUoweth.

That subjecting Prisoners of War to a state of Slavery independ-
ent of any Considerations of the Illegality of such a Measure would
involve this State in many Difficulties obstruct and impede a future
Peace give the Indians a Precedent that may be fatal to those of
our People who may unfortuately fall into their Hands and prevent
a mutual Exchange of Prisoners an Object of too much Consequence
to be put out of our Power

That in the Opinion of your Committee it is not adviseable or
proper to give any Encouragement to the Forces now acting against
the Cherokee Indians to expect that that the Property of such In-
dians as may be taken Prisoners should be vested in the Captors and
be made Slaves — But on the Contrary that Public Declarations
should be made to prevent such Expectations

Your Committee as an Encouragement to those who shall distin-
guish themselves in the War against the Cherokees recommend the
following Rewards (to wit.)

For every Indian Man killed upon Certificate thereupon given by
the commanding officer and the Scalp produced as an Evidence
thereof in Charles-Town by the Forces in the Pay of this State
Seventy-five Pounds Currency.

For every Indian Man Prisoner One Hundred Pounds like Money

For every other Prisoner Eighty Pounds like Money.

Ordered That a Message be sent to the President with a Copy of
the above Report as agreed to by the House

Message to the President

May it please your Excellency,
This House having referred your Excellency's Message of the
25th Instant recommending that suitable Encouragement should be
given to those shall distinguish themselves in the War against the
Cherokees to the Consideration of a Committee who reported thereon
do herewith send ypur Excellency a Copy of the said Report as
agreed to by the House.

Ordered That the Message be ingrossed and -that M^ Speaker do
sign the same

Ordered That Colonel Pinckney and Colonel Gervais do wait on
his Excellency with the said Message

62

Message from the President by the Clerk of the Legislative Coun-
cil

M*" Speaker

His Excellency the President is now in the Council Chamber
ready to receive this House with the Ordinance they have to pre-
sent,

And then the Messenger withdrew

The House accordingly attended the President in the Council-
Chamber

And being returned

M*" Speaker reported That this House having attended the Presi-
dent in the Council-Chamber His Excellency had been pleased to
give his Assent to,

An Ordinance for appointing Commissioners for selling certain
East-Indi Teas imported from Great-Britain into this State and for
applying the Monies arising therefrom to the Use of the said State •

The Clerk of the Legillative Council brought from that House an
Ordinance for providing Juries for Beaufort District at next Novem-
ber Courts — Read twice in the Legislative Council

Resolved That the Ordinance be read a Third Time

And the same being read accordingly

Resolved That the Ordinance do pass •

Ordered That the Honourable M*" Justice Matthews and Colonel
Garden do carry the Ordinance to the Legislative Council for their
Concurrence

M*" Hall reported from the Committee to whom the memorial of
the Vestry of St Philip's Parish was referred And he read the
Report in his Place and afterwards delivered it in at the Clerk's
Table where the same was read and is as followeth,

That by inquiring they find the annual Expence of maintaining the
Poor of Charles Town to be about Fourteen Thousand Pounds Cur-
rency — Tfiat the Vestry of St Philip's Parish who have that Trust
reposed in them have been under the necessity of borrowing the
Sum of Six Thousand Pounds towards supporting the said Poor of
Charles-Town exclusive of what this House have already lent them
both which Sums are expended and many accounts now unpaid

That it is at present impracticable to assess the Inhabitants of
Charles-Town for a*Poor Tax the Time limitted by Law being ex-
pired and the Removal of so many of them from Town would if it
were practicable make the Tax so heavy upon those who had Virtue

03

enough to remain in Town during the Time of Trial and Danger
as to render the Burthen intolerable and by no means equitable

Your Committee therefore recommend That this House do lend
the Vestry of St Philip's a sum not exceeting Fourteen Thousand
Pounds Currency whereby they may be enabled to pay oif the Debt
they have contracted and to support the Poor until a Just and equita-
ble Tax may be levied by Order of this House.

Ordered That the Report be taken into Consideration To-mor-
row.

Ordered That the Order of the Day for considering the Report
on the Message and Papers relative to a Fort at Cheraw Hill be
discharged And that the Consideration of the said Report be post-
poned.

Ordered That M*". Joseph Howe, M"" Caldwell M*" Williams and
M"" Robinson be added to the Committee on the Militia Law.

The Honourable M*" Edwards presented to the House according to
Order a Bill for establishing a Board of Commissioners to super-
intend and direct the Naval Affairs of the State of South Carolina
And the same was received and read the First Time

Ordered That the Bill be read a Second Time

M*". Attorney Ceneral reported from the Committee to whom was
referred the Presidents message respecting the Salaries of the Secre-
tary and Messengers of the Privy Council and a Paymaster to the
Militia And he read the Report in his Place and afterwards deliv-
ered it in at the Clerk's Table where the same was read in the words
following

That they are of Opinion the follo.wing Salaries or allowances to
the said 'Persons in manner herein after mentioned are reasonable
and adequate to the respective services of such Persons (that is to
say)

To the secretary of the Privy Council Two Thousand Pounds
Currency to be allowed him annually by the State for the services
of that Office.

To the Two Messengers of the Privy Council the sum of Three
Hundred and Fifty Pounds Currency each to be allowed annually
by the State, And

To the Paymaster of the Militia the Sum or allowance of Three
Pounds and Ten Shillings and Two Rations for each Day dur-
ing the Continuance of that Office.

Ordered That the Report be taken into Consideration To-morrow

It being moved and seconded That a Message be sent to the Presi-

64

dent requesting that His Excellency would lay before this House
such Letters and Papers as he may have received relative to burning
the Houses and seizing and selling the Goods of Richard Pearis,

Ordered That a Message be prepared to be sent to his Excellency
accordingly

And then the House adjourned till To-morrow morning Half
past Ten of the Clock.

Saturday the 28th Day of September. 1776

The House met according to adjournment

Read the Journal of Yesterday's Proceeding

Ralph Humphries, Thomas Taylor and William Strother Esquires
took the Oath required by the Constitution and their seats as Mem-
bers of the House

Colonel Pinckney reported that Coloner Gervais and himself had
delivered the Message they had in Charge to the President

Message to the President

May it please your Excellency
This House request That your Eifcellency will be pleased to lay
before them such Letters and Papers as your Excellency may have
received relative to burning the Houses and seizing and selling the
Property of Richard Pearis

Ordered That the Message be ingrossed and that M** Speaker do
sign the same

OrdereTi That Colonel Pinckney and M*" DeSaussure do attend
His Excellency with the said Message

Ordered That the Second Reading of the Bill for establishing a
Board of Commissioners to superintend and direct the naval affairs
of the State of South Carolina be postponed till Thursday next

The House then proceeded on the Order of the Day to take into
Consideration the Report of the Committee to whom the President's
message of the 23d Instant and Papers accompanying the same rela-
tive to a Fort at Cheraw-Hill were referred

And the First Clause of the Report being read was agreed to by
the House

A Motion was made and seconded That the further Consideration
of the Report be postponed And that a message be sent to the Presi-
dent requesting that His Excellency will be pleased to lay before
this House the Reasons for ordering and keeping a^ Guard of Three
Hundred Men at the Cheraws in June and July last and of Fifty
men in August and the present Month at the same Place.

Message to the President

May it please your Excellency,

It appearing to this House from the Report of a Committee
That a Guard of Three Hundred men had been kept at the Cheraws
in June and July last and of Fifty Men in August and the present
Month This House requests That your Elxcellency will be pleased to
lay before them the Reasons for. ordering and keeping up the said
Guards.

Ordered That the Message be ingrossed and that M^ Speaker do
sign the same '-

Ordered That Colonel Pinckney and Colonel Gervais do carry the
said Message to the President

A Motion being made That a Person now about to depart this
State for Philadelphia be authorized to purchase a proper Vessel
there and load the same with Flour Ship Bread Iron and Steel upon
account of this State

A Debate ensued

And the Question being put whether Flour should be one of the
Articles to be so imported

It passed in the Negative

Ordered That M*" Loocock M'". Corbett and M*". Hall be a Com-
mittee to consider and report the Quantity and different Articles
necessary to be imported from Philadelphia under the Direction of
the Delegates of this State in the Continental Congress.

It being suggested to the House that the Property of Colonel
Christopher Gadsden at the North End of Charles-Town had been
much injured by the salt works erecting thereon and by the Stores,
upon the Wharf having been turned into Barracks for Soldiers,
Therefore

Resolved That the Commissioners for erecting salt works in
Charles-Town be forthwith directed to desist from erecting such
works and to cause the Banks there to be immediately put into as
good Condition as they were when taken Possession of for the Pub-
lic Service And that a message be sent to the President requesting
that His Excellency will be pleased to give Directions that the Stores
upon the said Wharf and which have been turned into Barracks be
forthwith evacuated and restored to their former State.

Ordered That the Consideration of the Reports on the memorial
of the Vestry of St Philips Parish and the Presidents message re-
specting Salaries for the Officers of the Privy Council be postponed.

5— -H. <:.

66

Ordered That the Resolve of Yesterday appointing commission-
ers to purchase a Cargo of Salt brough in the Sloop Margaret be
amended by inserting the words "receive and stored* after the word
"Purchase" in the beginning thereof and the words ''and "Oiarges'*
at the End

And then the House adjourned till Monday morning Ten of the
Qock

Monday the 30th Day of September. 1776

The House met according to adjournment

Read the Journal of last Saturday's Proceedings

Michael Leitnef Esquire took the oath prescribed by the Constitu-
tion and his Seat as a member

Colonel Pinckney reported That Colonel Gervais and himself had
waited upon the President and delivered the message they had in
Charge

M** Loocock reported ifrom the Committee to consider and report
the Quantities and different Articles necessary to be imported from
Philadelphia under the Direction of the Delegates of this State And
he read the Report in his Place and afterwards delivered it in at the
Clerk's Table where the same was read in the following words

That it is their Opinion application should be made to our Dele^
gates at Philadelphia to endeavour to procure Two Frigates on the
Continental Establishment to be stationed at this Port particularly
during the winter when they can be of little service to-the northward
which with our own armed vessels may in a great measure secure
our Trade by obliging the Enemy to keep so many Cruizers as will
soone tire them out

That if our Delagates think proper to make this application your
Committee would recommend that the said Frigates take in as Bal-
last One Hundred Tons of Bar Iron besides the following Articles

But if the Frigates cannot be spared to this State then your Com-
mittee recommend that a staunch Brigantine of about One Hundred
and Fifty Tons be procured to mouht Twelve to Sixteen Carriage
Guns be properly manned and to bring as many supernumerary
seamen as can possibly be procured in which the said articles may be
shiped viz

Thirty Tons of small flatt Bar Iron for Waggon Tire

Ten Tons broad thick flatt ditto for Axes

Six Tons small square Iron

Four Tons thick square Ditto for machine or Mill Work,

67

Forty Faggots square Steel •

Two Faggots German flatt Ditto

Ten Tons Plough-shear moulds half with a thick Land Side and
Half for shovel Ploughs

One Groce Mill Saw Files

Four Groce Whip and Cross-cut Saw Ditto

Six Groce Hand Saw Ditto

Twelve Dozen Philadelphia made Qub Axes

One Hundred and Fifty Barrels of well baked Ship Bread
(Amounting to about nine Thousand and Five Hundred Pounds-
Currency exclusive of the Brigantine)

If Cotton or Wool Cards can be procured a Groce of each

If Broad Hoes to be had reasonable Twelve Groce

Resolved That the Report be taken into immediate Consideration

And the same being taken into Consideration accordingly

The First and Second Qauses were read to the House and sever-
ally amended and agreed to

While the House wa» in Debate upon the Third Clause of the
Report

A Motion was made and seconded That the sense of the House
should be taken whether the Members of the late Congress who had
been appointed to the Places of Emolument before the Constitution
was established have a Right to sit and vote in the present General
Assembly without being re-elected

And the sense of the House (without a Question thereon) was
That such members had an undoubted Right

The House then proceed in the Consideration of the Third Clause
of the Report and the same being read after several amendments
made thereto was agreed to And the Report as amended and agreed
to is as followeth

That it is their Opinion application should be made to our Dele-
gates at Philadelphia to endeavour to procure Two or more Frigates
on the Continental Establishment to be stationed at this Port
particularly during the Winter when they can be of little service to
the northward which with our armed Vessels may in a great measure
secure our Trade and protect our Coasts.

That if our Delegates succeed in this Application your Committee
would recommend That the said Frigate take in as Ballast One Hun-
dred Tons of Bar Iron besides the articles under-mentioned

But if the Frigates cannot be obtained or if they should not be
allowed to bring those articles then your Committee recommend that

68

proper small Vessels be procured to .bring the said articles of a light
Draught of water armed with Carriage or Swivel Guns properly
planned and with as many Supernumerary Seamen as can be pro-
cured or that the Delegates do take such other steps as they shall
think expedient to procure the said Articles to be sent to this State
as soon as possible And that M^ Archibald Gambdl be recommended
to the Delegates as a proper Person to assist them and that be be
desired to follow their Directions in procuring the said Articles and
forwarding the Vessel or Vessels in which the same are to be brought
viz.

Sixty Tons of small flat Bar Iron for Waggon Tire

Twenty Tons broad flat thick Ditto for axes

Twelve Tons small square Iron

Eight Tons thick square Ditto fit for machine or mill work.

Eighty Faggots square Steel >

Four Faggots German flatt Steel

Twenty Tons Plough-Shear moulds half with a thick Land side
and half for shovel Ploughs ^

Twenty-four Dozen Philadelphia made Qub axes

As many mill Saw Cross Cut and Whip Saw and Hand Saw Files
and as many Wool and Cotton Cards as can be procured

Three Hundred Barrels of well baked ship Bread And

Five Hundred Reams of printing Paper

Message from the President by the Clerk of the Legislative Council

M*" Speaker and Gentlemen
According to your desire I send herewith Extracts of such Parts
of Colonel Williamson's Thomas's and Neel's Letters to me as relate
to burning the House and seizing and selling the Property of Richard
Pearis which are all the Papers I have received on that subject except
a Petition from him complaining of those Acts and praying for
Redress

John Rutledge
30th September. 1776

Read the Extracts referred to in the message — from Colonel
Williamson's Letter dated 28th July 1776 from Colonel Thomas's
dated August 25th and from Colonel Neel's dated August 27th

Ordered That the said Message and Extracts be referred to the
Committee upon M"" Pearis's Petition And that M*" Joseph Howe, M'*.
Jeans, M*". Williams, and M*". Adams be added to the said Com-
mittee.

69^

The Honourable M*". Justice Matthews reported that Colonel
Garden and himself had delivered the Ordinance they had in Charge
to the Legislative Council.

The Clerk of the Legislative Council brought from that House an
Ordinance for providing Juries for Beaufort District at the next
November Courts read a Third Time m the said House

Ordered That the Ordinance be ingrossed

It being suggested to the House that upon a supposition that the
seat of the Honourable Thomas Heyward became vacant in Conse-
quence of his being absent from this State as a Delegate at the Con-
tinental Congress a new Representative for Charles Town was elected
in his Room and that such Proceeding was irregular and invalid,

It was therefore moved and seconded that the House do Resolve
that M' Heyward has a Right to take his seat notwithstanding the
said Election

And it was Resolved accordingly

It was then Debated whether the member who had been elected in
the Room of M*" Heyward had a Right to continue sitting as a mem-
ber of the House

And after sometime spent in Debate

Ordered That the further Discussion of this subject be postponed
till To-morrow morning

M^. Speaker laid before the House a Letter which he had received
from George Gabriel Powell Esquire and the same being read is as
follows .

Sir.

I understand there are Charges of an extraordinary nature
against me laid before your Honourable House I humbly request
therefore that I may be heard in my Defence by a Committee before
any Resolution is taken thereupon trusting that I shall be able so to
acquit myself as to stand fair in the Opinion of my Country which
is above all Things desirable to

Honourable Sir

Your most obedient

Humble Servant

G. G. Powell
Charles-Town
30th September. 1776

Ordered That the Consideration of the said Letter be postponed

Upon Motion

70

Resolved Thall all members absent from the service of this House
who reside within Fifty miles of Charles Town and are able to attend
be sent for at their own Expence

Ordered That the Clerk do write Letters to such members accord-
ingly

And then the House adjourned till To-morrow morning nine of the
Clock.

Tuesday the i^t Day of October. 1776

The House met according to Adjournment

Read the Journals of yesterday's Proceedings

Major Cattell reported from the Committee to whom the Petition
of John Vauchier was referred And he read the Report in his Place
and afterwards delivered it in at the Clerk's Table where the same
was read and is as followeth

That they have considered the Petition of sa'id Vauchier and it
appears to your Committee that a quick Communication between the
Two States of Georgia and South-Carolina will be of great Utility
to both Countries And as a Ferry fixed at Purrysburg from thence
to Savannah and Abercom in Georgia may be one means to procure
Dispatch to Travellers are of Opinion that a public Ferry should be
established at Purrysburg from thence to Savannah and Abercom
in Georgia.

And as M*" Vauchier has been at some Expence in purchasing
Boats to accommodate Travellers recommend that the Ferry be
vested in him and his assigns for a Term not exceeding seven years

And they further recommend That a Law may be brought in for
those Purposes

Resolved That the Report be taken into Consideration immediately

And the said Report being read a Second Time was agreed to by
the House.

Ordered That Leave be given to bring in a Bill accordingly

Ordered That M^ DeSaussure M*;. Williamson Colonel Garden
Major Huger and M^. Josiah Smith Junior be a Committee to con-
sider and report the best way of procuring and keeping a Guard upon '
Bloody Point.

Message to the President

May it please your Excellency

This House having appointed a Committee to consider and
report what Articles were necessary to be imported from Phila-
delphia for the Use of this State the said Committee accordingly
reported a Copy of which Report as amended and agreed to by the

71

House we take Leave to send you herewith and to request that your
Excellency will transmit the same and write to the Delegates for this
State to cause the several Articles and the Vessels therein meii-
ticMied to be procured and sent hither as soon as may be and to apply
to the Congress to advance the money that may be necessary upon
the Occasion for which proper Credit will be given by this State in
the Pay of the Troops money advanced to the Indian Commissioners
and otherwise in the General Cause of the United Colonies

Ordered That the message be ingrossed and that M^ Speaker do
sign the same

Ordered That M^. Williamson and Doctor Haig do carry the mes-
sage to the President

Message from the President by the Clerk of the Legislative Council

M**. Speaker and Gentlemen

On the 7th of May I was informed by a Letter from the Com-
mittee of Secrecy War and Intelligence in North Carolina of their
having received advice that the Enemy who then lay in Cape-Fear
River had planned a Descent at the mouth of Little-River near the
Borders of this Colony in order to attempt a Passage into the Back
Country of that by the Lake of Waccamaw Having Occasion to
confer with the Honourable Colonel Powell on this Subject He
urged very strongly the absolute necessity of building a stockade
Fort and keeping a Garison at the Cheraw-Hill as a security against
Incursions of the Disaffected about Cross-Creek and for preventing
or suppressing Insurrections which they might occasion amongst our
own People near the North-Carolina Line — Events which might be
feared especially if the intended junction between the British Forces
and the Malcontents in that Province had taken Place I thought
so much attention and Respect due to the Represention of a Gentle-
man in his Station who was well acquainted with that Part of the
Country and had the Command of a large Regiment there as to lay
it before the Council for their advice which I did He attended them
and on considering what he offered on this Head they were unan-
imously of Opinion that it was necessary to erect such a Fort and
keep such a Garison in Consequence of which I gave orders for that
•Purpose

John Rutledge
• 30th Septem^. 1776

A Petition of Philip Will was presented to the House and read
in the following words^

^The petition was not copied, and there is still a blank space in the journal
where it was intended to be entered.

72

Ordered That the Petition be referred to the same Committee to
whom the Presidents Message* of the 26th past respecting the sala-
ries to the Secretary and Messengers to the Privy Council and Pay
Master to the Militia was referred and that Colonel Mcintosh Major
Cattell and Major Huger be added to the said Committee

Then the House proceeded to take into Consideration the Report
of the Committee to whom the Memorial of the Vestry of the Parish
of St Philip was referred

And the said Report being read was agreed to by the House

Ordered That the Commissioners of the Treasury do advance upop
Loan to the Vestry of St Philip's^ Parish a Sum not exceeding Four-
teen Thousand Pounds Currency to enable them to pay off the Debt
they have contracted and to support the Poor until a Just and
equitable Tax may be levied by Law .

Resolved I'hat this House will ballot for Commissioners to super-
intend and direct the Naval Affairs of the State of South Carolina

And the House having proceeded to ballot accordingly

It appeared That Edward Blake Thomas Savage, Josiah Smith
junior Thomas Corbett Roger Smith George Abbot Hall and the
Honourable Thomas^Shubrick Esquires had the Majority of Votes

A Bill for establishing a Board of Commissioners to superintend
and direct the naval affairs of the State of South Carolina was read
a Second Time

And the names of the Commissioners being inserted and several
amendments made to the Bill

Ordered That the Bill be sent to the Legislative Council

Ordered That Doctor Haig and M*" Hopson Pinckney do carry the
Bill to the Legislative Council

Colonel Pinckney presented to the House according to Order "An
Ordinance for ascertaining the manner of issuing Orders for holding
General Courts-martial for the trying hearing and determining of
Crimes and Offences committed by any Persons belonging to the
South Carolina Regiments on the Continental Establishment against
the Rules and Articles for their Government" And the same was
received and Ordered to be read the First Time To-morrow

Ordered That the Commissioners appointed to purchase the salt'
lately imported in the sloop Margaret do sell to Francis Adams
Thomas Jeans and Joseph Howe Esquires members for the District
called the new Acquisition Fifty Bushels of the said Salt to be sent
into the said District and sold and distributed to the Inhabitants

n'

thereof at' such Prices and in such Proportions ajs the said Commis-
sioners shall direct

Ordered That Doctor Haig and M"" Hopson Pinckney do with
some Member of the Legislative Council examine and compare the
ingrossed Ordinance for providing Juries for Beaufort District at the
next November Courts.

Ordered That M*". William Moore and M'". John James have
Leave of absence from the Service of this House

And then the House adjourned till To-morrow Nine of the Clock.

Wednesday the 2d Day of October. 1776

The House met according to adjournment

Read the Journal of Yesterday's Proceedings

M*" Williamson reported That Doctor Haig and himself had
delivered the Message they had in Charge to the President

M'*. Young reported from the Committee to consider and report
the most equitable way of distributing salt amongst the Inhabitants
of this State And he read the Report in his Place and afterwards
delivered it in at the Qerk's Table where the same was read in the
following words

That it is the Opinion of the Committee That every Person apply-
ing for salt shall produce to the Commissioners for the sale thereof
a Certificate from any Two of the members of the District Commit-
tee in which such Person is resident certifying the number of Persons
in Family And that every Family consisting of six Persons shall be
allowed c«ie Bushel on paying for the same and so in Proportion if a
greater or less number

That the several Committees be directed to grant such Certificates
at the Times of their stated meeting and that no Person be intitled to
more than one Certificate

Resolved That the Report be taken into immediate Consideration.

And the Report being taken into Consideration accordingly and
amended was agreed to and is as foUoweth.

That it is the Opinion of the Committee that every Person applying
for salt shall produce to the Commissioners for the sale thereof a
Certificate from any Two members of the District Committee in
which such Person is resident certifying the Number of white Per-
sons in Family that every Family consisting of six, such Persons
shall be allowed One Half Bushel on paying for the same and so in
Proportion if a greater Number.

74

That the several District Committees or any Two members of such
Committees be directed to grant such Certificates upon Application
and that no Person be intitl^ to more than One Certificate But
Persons who continue inimical to this State shall not be intitled to
any such Certificate

Ordered That the above Resolutions respecting* the Sale and Dis-
tribution of salt be forthwith printed and Copies thereof delivered to
the Members of this House

An Ordinance for ascertaining the manner of issuing orders for
holding General Courts-martial for the trying hearing and determin-
ing of Crimes and Offences committed by any Persons belonging to
the South Carolina Regiments on the Continental Establishment
against the Articles for their Government" was read the First Time

Ordered That the Ordinance be read a Second Time

And the same being read accordingly

Ordered That the Ordinance be sent to the Legislative Council

Ordered That Doctor Haig and M*" Pinckney do carry the Ordin-
ance to the Legislative Council

Colonel Pinckney gave notice that he should at the Third Reading
of the Ordinance move for Leave to bring in a Clause to be added
thereto which he read to the House for Information

Doctor Haig reported That M^ Pinckney and himself had delivered
the Bill and the Ordinance they had in Charge to the Legislative
Council

Ordered That Leave be given to bring in a Bill authorizing the
President and Commander in Chief to call upon the Committees in
the several Parishes and Districts throughout this State for such a
Number of Slaves as shall be thought necessary to assist at the
Public Works and Fortifications and to impower the said Commit-
tees to fix' and determine the Number to be sent by the Inhabitants
of their respective Districts

Ordered That the Honourable M*" Lowndes the Honourable M*"
Edwards and Colonel Pinckney be a Committee to prepare and bring
in such a Bill

Doctor Haig reported That M^ Pinckney and himself with a Mem-
ber of the Legislative Council had examined the ingrossed Ordinance
for providing Juries for Beaufort District at the next November
Courts and they found the same truly ingrossed.

Oidered That Captain Joiner and M^ Howe do attend the Presi-
dent with the said Ordinance in order to have the Seal affixed to the

75

s^ne and to know when His Excellency will be plea^sed to receive
Ais House to present the Ordinance for- his assent

The House then proceeded to consider whether the Member who
was elected in the Room of the Honourable M^ Heyward has a Right
to ccHitinue his seat in this House and also whether the other Mem-
bers for Charles-Town who were elected on the 9th and loth Days
of September last upon a mistaken supposition of Vacancies ought to
continue in their Seats

After sometime spent in Debate

A Motion was made That Charles-Town having chosen too great
a number of Members on the 9th and loth Days of September last
founded upon a mistake the said Election should be declared void

And the Question being put

Resolved in the affirmative

Resolved That the Elections on the said 9th and loth Days of Sep-
tember last for the Parishes of St James Santee and Prince George
Winyah being likewise founded on mistakes are also declared null
and void

Message from the President by the Clerk of the Legislative^ Council

M^ Speaker and Gentlemen

Lieutenant Dogharty declines accepting the Command of the
Brigantine Comet

John Rutledge
2d October 1776

The Clerk of the Legislative Council brought from that House an
Ordinance for ascertaining the manner of issuing orders for holding
General Courts-martial for the Trying hearing and determining of
Crimes and offences committed by any Persons belonging to the
South Carolina Regiments on the Continental Establishment against
the Articles for their Government — Read twice in the said Council

Ordered That the Report of the Committee to whom the Presi-
dent's message afid other Papers relative to the building of a Fort at
Cheraw Hill were referred be recommitted That the President's
Message of yesterday upon the same Subject and Colonel Powell's
Letter be referred to the same Cc«nmittee and that Major Huger
Major Simons M*". Cantey and Captain Roger Smith be added to the
said Committee

Ordered That Major Simons M*" DeSaussure Captain Harleston
and M^ Thomas Waring be added to the Committee on the State of
the Treasury in the Room of Josiah Smith Junior Thomas Jones,
and John Webb Esquires whose Seats have been declared vacant

7JS

Ordered That the Honoarable M^ Hey ward and Captain Savage
be added to the Committee to bring in a Bill to secure the Estates of
Persons absent from this State who are known to be inimical to the
Liberties of America from being alienated embezzled or diminished
to serve as a Fund hereafter to make compensation in equal Degree
to all Persons who have or shall sustain Losses by the British
Forces" in the Room of M*" Attorney General and Joshua Ward
Esquire whose Seats also have been declared vacant

The House then proceeded to take into Consideration the Report
of the Committee' to whom the President's Message respecting the
salaries or allowances to the Secretary and Messengers of the Privy
Council and a Paymaster to the Militia was referred

And the First Qause of the Report being read was amended and
agreed to by the House

Upon reading the Second Clause

A Motion was made That the Messengers be allowed a* Salary of
Five Hundred Pounds a year each

And the Question being put

It was Resolved in the Affirmative

And the said Clause being amended accordingly was agreed to

Upon reading the Third Clause a debate arose

After sometime spent thereon ^

Ordered That the further Consideration of the said Clause be post-
poned till To-morrow

And the said Report so far as amended and agreed to is as fol-
loweth

That the Committee are of opinion the following salaries or allow-
ances to the Persons and in the manner herein after mentioned are
reasonable and adequate to the respective Services of such Persons,
(that is to say.)

To the Secretary of the Privy Council Fourteen Hundred Pounds
Currency to be allowed him annually by the state fct the services of
that office

To the Two Messengers of the Privy Council the Sum of Five
Hundred .Pounds each to be allowed annually by the State

Captain Joiner reported That M*" Howe and himself had waited
upon the President with the Ordinance and Message they had in
Charge and that His Excellency was pleased to say "the House
should hear from him"

Colonel Gervais reported from the Committee to whom the Memo-
rial of Richard Pearis was referred And he read the Report in his

77

Place and afterwards delivered it in at the Clerk's Table where the
same was read in the following words

That the injuries complained of by the memorialist would be
matter more proper for the Inquiry of^the Courts below than for the
Consideration of this House in the Ordinary Course of affairs But
inasmuch as Prosecutions against the Parties complained of and their
attendance to answer might at this Juncture prove detrimental to the
Public Service Your Committee recommend that Colonel Thomas be
required immediately to transmit knd'lay before this or the next
House a true state of the Case And also that he will immediately
lodge in the Public Treasury such Money Bonds or other Securities
as he may have taken for the sale of M*". Pearis's Goods And that
the sum of Seven Hundred Pounds be advanced by this House tb
the Memorialist upon the Security of such Money Bonds &c to serve
for his Occasions until the ftiatter can be more fully considered
Resolved That the Report be taken into Consideration To-morrow
And then the House adjourned till To-morrow Morning nine of
the Clock

Thursday the 3d Day of October. 1776

The House met according to Adjournment

Read the Journal of Yesterday's proceedings

Joshua Toomer Esquire took the Oath prescribed by the Constitu-
tion and his seat as a Member of this House

The House according to the Order of Yesterday resumed the Con-
sideration of the Third Qause of the Report of the Conunittee on
the allowances to the Secretary and Messengers of the Privy Council
and a Paymaster to the militia

After sometime spent in Debate

Ordered That it be referred to the Committee appointed to bring
in a new Militia Law to prepare and insert a Clause therein ascertain-
ing the Duties and stating the Pay of a Paymaster General of the
Militia.

It being suggested to the House that the Place appointed on the
nth Day of April last for the Election of Members of the General
Assembly for the District called the New Acquisition is inconvenient
and improper

Resolved That the next Election for the New Acquisition shall be
held at the House of M*" John Carnachan in the said District and
not or near Colonel Thomas Neel's

On Motion,

78

Resdvcd That Expresses be forthwith sent by the Clerk of this
House into the several Parishes and Districts throughout this State
to acquaint the Church-Wardens and other Persons appointed to
manage Elections of the Times and Places where the said Elections
are to be held and to deliver to them printed Instructions for man-
aging the said Elections as well as blank notices to be filled up and
posted and other necessary Papers

The Qerk of the Legislative Council brought from that House A
Bill for establishing a Board of Commissioners to superintend and
direct the naval affairs of the state of South Carolina" Read a
second Time in the said Council

On Motion

Resolved That the Commissioners for the Sale of Salt be impow-
ered to sell Salt to the Owner of each Waggon and Horses that bring
Provisions from North-Carolina in the s*ame Proportion as they are
directed to do to the Inhabitants of this State upon Affidavit of the
number of white Persons in their respective Families

M^ Harrington gave notice that he should on or about the 17th
Instant move for an adjournment of this House

The Honourable M^ Lowndes presented to the House according to
Order An Ordinance to direct the manner of procuring Negroes to
be employed in the public Service And the same was received and
read the First Time.

Ordered That the Ordinance be read a Second Time

And the same being read accordingly

Ordered That the Ordinance be sent to the Legislative Council

Ordered That M^ Ladson and M^ MacPherson do carry the Ordin-
ance to the Legislative Council

An Ordinance for ascertaining the manner of issuing orders for
holding General Courts-Martial for trying hearing and determining
of Crimes and offences committed by any Persons belonging to the
South Carolina Regiments on the Continental Establishment against
the Rules and Articles for their Government" was read a Third time

Colonel Pinckney moved for Leave to bring in a Clause which he
had prepared to be added to the ordinance

And the same being presented to the House was received and read
Three several Times and agreed to.

Resolved That the same be added to and made a Part of the
Ordinance ^

And the same being added accordingly

Resolved That the Ordinance do pass

79

Ordered That Captain Scott and Captain Joiner do carry the
Ordinance to the Legislative Council for their Concurrence

A Petition of John Thompson and Richard Thompson was pre-
sented to the House and read

Ordered That the Petition be referred to a Committee

And it is referred to Major Cattell M^. Charles Elliott and (Colonel
Gervais

Ordered That Jacob Richman Esquire have Leave of absence
from the Service of this House on account of the Illness of his
Family

And then the House adjourned till To-morrow morning nine of the
Qock

Friday the 4th Day of October 1776

The House met according to adjournment

Read the Journals of yesterday's Proceedings

Ordered That the attendance of such members of this House as
are Church-Wardens in any of the Parishes where Elections are to be
held on Monday and Tuesday next be dispensed with on those Days

Message to the President

May it please your Excellency

This House request that your Excellency will be pleased to give
Directions that the stores upon Colonel Gadsden's Wharf be forth-
with evacuated and put into as good a Condition as they were when
taken Possession of for the Public service

Ordered That the Message be ingrossed and that M^ Speaker do
sign the same

Ordered That M*" John Berwick and M"". Elias Horry Junior do
attend His Excellency with the said Message

M^ Berwick reported That M"^ Horry and himself had delivered
the Message they had in Charge to the President

The House proceeded to a Third Reading of a Bill for establish-
ing a Board of Commissioners to superintend and direct the naval
affairs of the State of South Carolina

But it appearing upon Reading the First Clause of the Bill that
the Honourable the Legislative Council had struck out the name of
one of the Commissioners who had been ballotted for by this House
and inserted the name of another Gentleman in Stead,

Resolved That this House will immediately proceed to ballot for
another Commissioner

The House proceeded to ballot accordingly

$o

And the Ballots being reckoned

M^. Speaker reported That George Smith Esquire had the Majority
of Votes '

Ordered That the name inserted in the Bill by the Legislative
Council be struck out and that the Name of George Smith Esquire
be inserted instead thereof

Which being done accordingly

The Bill for establishing a Board of Commissioners to superintend
and direct the naval affairs of the State of South Carolina was read
a Third Time

Resolved That the Bill to do pass and that the Title be "an Act''

Ordered That M"^ Thomas Waring and M*" Keating Simons do
carry the Bill to the Legislative Council for their Concurrence

M*". Waring reported that M*" Simons and himself had delivered
the Bill they had in Charge to the Legislative Council

M^. DeSaussure reported from the Committee to consider and
report the best way of procuring and keeping a Guard upon Bloody
Point And he read the Report in his Place and afterwards delivered
it in at the Clerk's Table where the same was read in the words fol-
lowing

That it appears to the Committee absolutely necessary that a Guard
should be kept for the Protection of the Southern Parts of this State
And

Recommend That a Detachment of One Hundred Men One Cap-
tain and Four subalterns be sent from either of the Regiments of
Regulars to do Duty at the different Places now guarded by the
Militia of Colonel Bulls Regiment Or otherwise by raising an inde-
pendent Company of the like Number of men and officers for that
service

Resolved That the Report be taken into Consideration immediately

And the First Clause of the Report being read was agreed to by
the House

Upon reading the Second Qause

On Motion

Resolved That a Message be sent to the President requesting that
His Excellency would procure and order to be laid before the House
a state of the Army now in this State where situate and upon what
services And that the further Proceeding in the Report be postponed
till such state shall have been laid before the House

The further Proceeding in the Report was postponed accordingly

Si

Message to the President

May it please your Excellency
We request that your Excellency will be pleased to procure and
order to be laid before this House a state of the army now in this
State where situate and upon what services

Ordered That the Message be ingrosscd and that M*' Speaker do
sign the the same

Ordered That Captain Harlston and M^ White do attend the
President with the Message

Captain Scott reported That Captain Joiner and himself had deliv-
ered the ordinance they had in Charge to the Legislative Council

M*" Ladson reported That M' Macpherson and himself had deliv-
ered the ordinance they had in chaise to the Legislative Council

M*^ Harrington reported from the Committee to whom the Second
Clause in the Report on the President's Message of the 23d Ultimo
and the Papers accompanying the same respecting the bnlding a
Stockade Fort at Cheraw Hill was re-committed and His Excel-
lency's Message of the ist Instant and Coloners Powell's Letter of
the 30th of September was committed And he read the Report in his
Place and afterwards ddivered it in at the Qerk's Tabk where the
same was read and agreed to by the House

The Third Clause of the said Report being then read and amended
was also agreed to by the House

And the Report as amended and agreed to is as followeth That,
They having examined the Petitions for and against building a stock-
ade Fort at Cheraw-Hill are of Opinion That a Fort in that secure
Part of the Country is enterely useless

That they have heard Colonel Powell on the subject of keeping a
Garison at the Cheraws and on full Consideration of the Matter are
of opinion that a Garrison in that Part of the Country is unnecessary

And whereas a Quantity of Gun-Powder and Lead was by order
of Congress lodged in the Hands of the Committee of St David's
for the use of the Militia part of which Powder and Lead has been
drawn out of their Hands by orders of the Commanding Officer the
Committee do therefore recommend that orders be given to the said
Commanding officer to return such Part of the said Powder and Lead
as remains unused to the aforesaid Committee

Colonel Pinckney presented to the House according to Order a
Bill establishing a proper Oath of Qualification to be taken by the
members of the General Assembly and for other Purposes therein
mentioned And the same was received and read the First Time

Ordered That the Bill be read a Second Time

6— H. c.

82

Major Cattell reported from the Committee to whom was referred
the Petition of John and Richard Thompson And he read the Report
in his Place and afterwards delivered it in at the Clerk's Table where
the same was read in the words following

That the Committee on Examination into the allegations set forth
in the Petition found the Petitioners had been confined Two years
and seven months for the non-payment of Fines set upon them by
the Courts of Justice And on inquiring into the Effects of John
Thompson whose Fine is One Thousand Pounds Sterling he has sent
a List of his Property annexed to this Report And he declares he is
ready to make oath that it is a true state of his Estate The other
Petitioner whose Fine is one Hundred Pounds Sterling appears to
the Commee not to have any Property whatever; In Consideration
of the long and close Imprisonment of the Petitioners and the 111
state of Health of John Thompson the Committee has been induced
to. recommend that a Resolution of this House be sent to the Hon-
ourable the Legislative Council for their Concurrence and to His
Excellency the President for his assent to remit the Fines laid on the
said Thompsons on the express Condition that they shall quit the
State in Three Months after their Releasment.

Read also a Paper annexed intitled a particular account of the
Property of John Thompson now in his Possession.

Ordered That the Report be taken into Consideration To-morrow.
. The Clerk of the Legislative Council brought from that House an
Ordinance to direct the manner of procuring Negroes to be employed
in the Public Service Read twice in the said Council, also,

An Ordinance for ascertaining the manner of issuing Orders for
holding General-Courts-Martial for the trying hearing and determin-
ing of Crimes and offences committed by any Persons belonging to
the South Carolina Regiments upon the Continental Establishment
against the Rules and Articles made for their Government And for
the Encouragement of Persons to enter into the service of this State

And the following Message to wit

In the Legislative Council

the 4th Day of October 1776

M*". Speaker and Gentlemen

Upon reading a Third Time an Ordinance for ascertaining the
manner of issuing orders for holding General Courts Martial for
the trying hearing and determining of Crimes and Offences com-
mitted by any Persons belonging to the South Carolina Regiments on
the Continental Establishment against the Rules and Articles made

83

for their Government — This House is of opinion that the following
amendment is necessary to be made to the first enacting Clause of the
said Ordinance (viz.)

Between the word "State" and the word "be" the words "not under
the Rank of a Colonel in the said service" be inserted — To which we
desire the Concurrence of your House and have returned you the
ordinance to make the amendment accordingly

By Order of the House

Thomas Shubrick President.

Ordered That the Ordinance to direct the manner of procuring
negroes to be employed in the Public Service be read a Third Time
Tp-morrow

Message to the Legislative Council

Honourable Gentlemen

This House concur with your Honours in the amendment pro-
posed to the ordinance mentioned in your message of this Date and
desire you will insert the words "not under the Rank of a Colonel
in the said service" between the word "State" and the word "be" —
for which Purpose the Ordinance is herewith returned

Ordered That the message be ingrossed and that M*" Speaker do
sign the same

Ordered That M^ Hopson Pinckney and M^ John Cordes do carry
the message to the Legislative Council

And then the House adjourned till To-morrow morning nine of
the pock.

Saturday the 5th Day of October. 1776

The House met according to adjournment

Read the Journal of yesterday's Proceedings

Resolved That the Inhabitants in the several Parishes and Districts
throughout this State do at the Time of the Election of Members of
the General assembly also ballot for and elect Committees in their
different Parishes and Districts equal to the numbers heretofore
appointed for the Purposes mentioned in the Eleventh Article of the
Continental Association (to wit) attentively to observe the Conduct
of all Persons touching the said association and also for the Purr
poses resolved on by the Congress of this State held in January 1775,
respecting the giving Permission to bring suits at Law and for such
other Purposes as the Committees are authorized by Resolutions of
Congress or are or shall be authorized by Laws of this State That
the Committees or any Three or more of the members of such Com-

84

mittees respectively except the Committees for Charles Town not
Ic^s than Eleven of whom can do Business have' authority to put the
said Laws and Resolutions in Execution and to grant Liberty for
commencing Suits And that the Church Wardens and other man-
agers of Elections of members of the General Assembly do also
manage the Election of the said Committees respectively And that
the Qerk of this House do forthwith give them notice of this Re-
solve.

The Report of the Committee to whom the Petition of John and
Richard Thompson was referred was read and agreed to by the
House without any Amendment

Resolved That the Fines imposed upon John and Richard Thomp-
son confined" in Charles-Town Jail be remitted on the express Con-
dition that they quit the State within Three months

Ordered That the said Resolution be sent to the Legislative Council
for their Concurrence and to the President for his assent

The House then proceeded according to the order of the Day to
the Third Reading of "an Ordinance to direct the manner of pro-
curing negroes to be employed in the Public Service"

The First and Second Sections being severally read amended and
agreed to

upon reading the Third Section

A Motion was made and the Question put whether the words
"or to make such other just and equitable arrangement or Regulation
in the Premises as may best suit the particular Circumstances of the
People or most effectuaily promote the Public Good" between the
word "Time," and the word "Provided" should remain a Part of the
section

And it was Resolved in the affirmative

The other Clauses of the Ordinance being severally read amended
and agreed to

Resolved That the Ordinance do pass

Ordered That the Ordiance be sent to the Legislative Council for
^heir Concurrence

Ordered That Captain McQueen and M^ Ladson do carry the same
to the Legislative Coimcil

The Report of the Committee to whom the memorial of Richard
Pearis was referred being read

Resolved That this House do agree with the Report of the Com-
mittee

And then the House adjourned till Monday Morning nine of the
Clock.

85

Monday the 7th Day of October. 1776

The House met according to Adjournment

Read the Journal of Saturday's Proceedings

George Pawley Esquire took the Oath prescribed by the Constitu-
tion and his seat as a Member

Resolved That the Speaker of this House do issue an Order upon
the Treasury for the Sum to be advanced to Richard Pearis as recom-
mended in the Report agreed to last Saturday

M*" Neufville presented to the House a Memorial of divers Inhab-
itants of Charles Town And the^ said memorial was received and
read in the following words

That your memorialists have for many months last past from a
Zeal for the Interest of their Country and for the Preservation of this
Town in particular constantly done every kind of military Duty
therein That they have greatly injured their Fortunes by n^lecting
their private Concerns by being obliged to attend to such Duty both
Night and Day in guarding the Town and the several Batteries about
the same That they apprehend such Duty may now be well done
by a Watch Company established under proper Regulations and that
the Expence incident thereto will be but little short of what is paid
to the several Companies now doing Duty

That your memorialists are always ready and willing to step forth
in Defence of their Country when invaded or otherwise required
thereto

Your memorialists therefore humbly pray that this Honourable
House will be pleased to take the Premises into Consideration and
direct (if thought expedient) that one or more Watch Companies
be immediately raised for guarding the Town and the several Bat-
teries and Out-posts in and about the same

And your memorialists as in Duty bound will ever pray

Which memorial was subscribed by Two Hundred and ninety
seven names

Ordered That the memorial be referred to a Committee

And it is referred to the Honourable M"^ Heyward M*" Neufville
M*" Anthony Toomer Captain Roger Smith and Captain Leger

The House then proceeded to read a Second Time a Bill establish-
ing a proper Oath of Qualification to be taken by the members of
the General Assembly and for other Purposes therein mentioned

The First Section of the Bill being read and amended was
agreed to

86

Upon reading the Second Section

A Motion was made for an amendment thereto

A Debate ensuing

The Questicm was put

And it passed in the negative

Then the said Section being read through was also agreed to.

The Third Section being read was amended and likewise
agreed to.

A Member then moved for Leave to byng in four additional
Clauses to the Bill

And the same being presented to the House were received severally
read twice amended and agreed to §

Ordered That the said Qauses be added to and made Parts of the
Bill

The Bill being read through a second Time

Ordered That the Bill be sent to the Legislative Council

Ordered That M*" William Scott and M^. Simon Berwick do carry
the Bill to the Legislative Council

A Member gave notice that he should To-morrow move the House
for Leave to bring in a Bill of General Amnesty

The Honourable M*" Heyward moved for Leave to bring in a Bill
to amend an Act entitled an Act to impower the Court of Admiralty
to have Jurisdiction in all cases of Capture of Ships and other
Vessels of the Inhabitants of Great-Britain Ireland and British West-
Indies Nova Scotia and East and JVest Florida to Establish the Trial
by Jury therein and for other Purposes therein mentioned passed the
nth Day of April 1776

Ordered That Leave be given accordingly

M^. Corbett reported from the Committee to examine the Receipts
of the Pa3miasters of the several Regiments in the Service of this
State and to compare them with the Pay Bills which are or ought to
be lodged in the Treasury and to order the Balance if any to be paid
into the Treasury And he read the Report in his Place and after-
wards delivered it in at the clerk's Table where the same was read

Ordered That the said Report be re-committed And that the Com-
mittee have it in charge to inquire and Report to the House how the
money paid to the Colonels over and above their Pay by the Pay-
masters and by order of the President and Council of Safety and by
the Public Treasurers has been disposed of. And that the said Com-
mittee have Power to send for Persons Papers and Records

87

M*" Howe having suggested to the House that there is some Prop-
erty of Joseph Robinson (commonly called Major Robinson) an
Enemy to the American States in the Possession of a Committee

Ordered That the matter suggested by M' Howe be referred to the
Committee appointed to bring in a Bill for establishing a Reprisal
Fund And that M*" Howe be added to the said Committee

And then the House, adjourned till To-morrow morning nine of the
Clock

Tuesday the 8th Day of October 1776

The House met according to adjournment

Read the Journal of yesterday's Proceedings

It being suggested to the House that there was no Pilot or Pilot
Boat for the Bar and Harbour of Beaufort nor any Fund from which
they could be supplied and maintained

Ordered That M^ DeSaussure Captain Joiner Colonel Garden
Captain Savage and Major Simons be a Committee to consider and
report proper ways and means of procuring maintaining and regu-
lating a Pilot Boat to attend the Bar and Harbour of the Port of
Beaufort

M*" Scott reported That M' Berwick and himself had delivered the
Bill they had in Charge to the Legislative Council

Ordered That the Order of yesterday for Leave to bring in a Bill
to amend an act passed the nth of April last intitled an Act to
impower the Court of Admiralty to have Jurisdiction in all cases of
Capture of the ships and other Vessels of the Inhabitants of Great-
Britain Ireland the British West Indies Nova Scotia and East and
West Florida to establish the Trial by Jury therein and for other
Purposes therein mentioned be discharged

Ordered That Leave be given to bring in a Bill to repeal the said
Act and for the like and other Purposes And that Colonel Pinckney
and the Honourable M*" Heyward do prepare and bring in the same

M"^ Ladson reported That M*" M*=Queen and himself had delivered
the Ordinance they had in charge to the Legislative Council

Ordered That the Honourable M^. Heyward and M*" Young do
with a member of the Legislative Council examine and compare the
ingrossed Bill for establishing a Board of Commissioners to superin-
tend and direct the naval affairs of the State of South Carolina

The Honourable M^ Heyward reported That M^ Young and him-
self had compared and examined the ingrossed Bill and that they
found it right

^ 88

Ordered That the Honourable M' Edwards and M^ Capers do
wait on the President with the Bill that the seal may be affixed
thereto and to desire to know when His Excellency will please to
receive this House to present the same for his assent

Colonel Pinckney according to Order presented to the House a Bill
to impower the Court of admiralty to have Jurisdiction in all cases
of capture of the Ships and other Vessels of the Inhabitants and sub-
jects of Great-Britain to establish the Trial by Jury in the said court
in cases of capture and for other Purposes therein mentioned And
the same was received and read the First Time

Ordered That the Bill be read a Second Time

The Honourable M*" Edwards reported that M^ Capers and himself
had attended the President with the Message they had in Charge
and that His Excellency was pleased to say he would receive the
House in Half an Hour in the Council-Chamber

The Clerk of the Legislative Council brought from that House an
Ordinance for ascertaining the manner of issuing orders for holding
General Courts martial for the trying hearing and determining of
crimes and offences committed by any Persons belonging to the
South-Carolina Regiments on the Continental Establishment against
the Rules and Articles for their Government — Read a Third Time
in the said Council

Ordered That the ingrossing of the said ordinance be postponed

The Qerk of the Legislative Council brought from that House an
Ordinance to direct the manner of procuring negroes to be employed
in the Public service — Read a Third Time in the said Council

Ordered That the Ordinance be ingrossed

Ordered That Leave be given to bring in a Bill of General Am-
nesty for all offenses and misdemeanours against the Laws of this
State antecedent to the fifth Day of August last the Day on which
the Declaration of the Independency of the States of America was
made in this State with an Exception of State Prisoners and others
which it might be injurious to the welfare of the State to include in
such General Amnesty And that the Reverend M"^ Tennent Colonel
Pinckney the Honourable M*" Edwards M*". Cannon and M*" Young
do prepare and bring in the same

Message from the President by the Qerk of the Legislative
Council

M' Speaker
His Excellency the President is now in the Council Chamber
ready to receive this House with any Bills or Ordinances they may
have to present

And then the Messenger withdrew

89

M' Speaker with the House accordingly attended His Excellency
in the Council Chamber

And being returned

M"^ Speaker reported That this House having att^ided the Presi-
dent in the Council Chamber he had presented to His Excellency

An Ordinance for providing Juries for Beaufort EHstrict at the
next November Courts

And also,

An Act for establishing a Board of Commissioners to superintend
and direct the naval affairs of South Carolina

To both which His Excellency had been pleased to give his Assent

Ordered That Hbpson Pinckney Esquire be Cashier to this House

A Petition of Henry Drew was presented to the House received
and read — ^also

A Petition of Robert Pearis

Ordered That both Petitions be referred to a Committee And
they are referred to the Reverend M^ Tennent and Colonel Gervais

M^ Pinckney reported That M^ Cordes and himself had delivered
the ordinance and message they had in Charge to the Legislative
Council

And then the House adjourned till To-morrow Morning Ten of
the Clock — under a Fine of Twenty Shillings on every member who
shall neglect to attend precisely at that Hour to be paid immediately

Wednesday the 9th Day of October 1776
The House met according to adjournment
Read the Journal of yesterday's Proceedings
Message from the President by the Qerk of the Legislative
Council
/ M^ Speaker and Gentlemen

I herewith lay before you a Letter from Brigadier General
Howe it being his Desire that the Sentiments contained in it should
be conveyed to you some of the matters which he recommends are
anticipated by steps already taken to the same Effect I am perswaded
however that you will pay due attention to the Rest and doubt not
that the executive Power will have sanction and support of the
Legislature for the Execution of every measure necessary for the
Security and Defence of the State

John Rutledge
8th October 1 776

90

. The Letter referred to in the message being read is as follows
Sir
The Command of the military Department in this State devolv-
ing upon me I feel it my Duty to lay before your Excellency and by
your means before the Honourable Council and Assembly my senti-
ments respecting the situation of this Country and the measures
which appear to me necessary to place it in a proper state of
Defence — I am happy .to find that the works at Fort Moultrie and
those requisite for establishing in case of accident a secure Retreat
to the Garison are progressing so rapidly when the Fort is finished
I have no doubt of its being able to repel any attack made upon it in
Front but without a considerable number of works to secure it from
being assailed in Reverse it would not in my opinion be long main-
tained against any formidable attempt in that Quarter — The methods
best calculated to preserve it would be to erect proper works on the
Point of Sullivant's Island next to Long-Island where it is probable
the Enemy would attempt to Land and by a chain of Redoubts or other
works from thence to the Fort be prepared to dispute the Ground
with them Inch by Inch should they effect a Landing; I at present
imagine it may be necessary to throw up some Defence where Colonel
Moultrie kept his Quarter Guard but the transient view I had of
the Island leaves me unprepared to speak with precision either as to
the number or Form of the works or the particular spots on which
they ought to be erected it is sufficient however that a variety of
them are wanted that a great many Hands are requisite to carry them
on the number need not be ascertained as the more there are employed
the sooner we shall finish and that the necessity for erecting such
works is absolute and immediate — The Post at Haddrel's ought
directly to be put in a much more respectable state then it is at
present that station would be important even if it had no Connexion
with Sullivant's how much more so must it appear when we consider
that should the Enemy possess it our soldiers on Sullivant's could
neither retreat or be supported indeed circumstances that make it
important multiply upon me as I write I shall however suppress
the Expression of them as I presume the consideration I have men^
tioned is alone sufficient to induce the attention of your Legislature

The Walls of Fort Johnson require to be well cased with Palmetto
Logs without which I conceive a smart cannonade would so shock
the Foundation that it would not support the superstructure but was
there no Danger of this it ought not to remain as it is as the Frag-
ments of Brick which would be shattered off by the shot would

91

inevitably destroy a great Number of our men and this both Policy
and Humanity call upon us to prevent I confess myself not pleased
with the lower Battery and if we have Time after we have got over
those matters more immediately wanted I should wish for an alter-
ation

I come next to an Object very near my Heart I mean the the
Preservation of this Capital the spirited conduct of it's Inhabitants
in Opposition to the Incroachments of Tyranny even at a Time when
their Property was likely to fall a sacrifice to their laudable Zeal
demonstrates that they nobly prefer public Good to private Consider-
ations however interesting and gives them a just Qaim to assistance
from their neighbours though the common cause was not concerned
in their safety But sir when we contemplate the situation of this
Town fixed at the confluence of several Rivers which open a Passage
into the very Bosom of your Country commanding almost your whole
inland navigation and if possessed by the Enemy all your exterior
Traffic with Houses sufficient to barrack comfortably a great Body
of Troops and an Harbour extensive enough to admit almost any
number of ships surrounded almost by water which the Enemy would
command and approachable only by a narrow neck of Land which
they would fortify it would be perhaps the most secure and noble
Race of arms for them imaginable from which they could with the
same Body of Troops execute the Purposes of Disposition on three
different States and the Possession give their arms an Eclat the
Influence of which might be dreadfully diflfusive it would bring
upon our Backs every Tribe of Indians and call to their Banners an
Host of domestic Insurgents all these Circumstances must make it a
capital Object to them and combine to prove that the Loss of this
Town may be reckoned among the deepest wounds the cause of
Freedom could receive in this Department — Public Good therefore
and private Interest unite to induce us immediately to put it into a
proper state of Defence to hesitate one moment might possibly be to
lose the opportunity which Providence has lent us and all Idea of
Expence however great should be lost in the Importance of the
object One step towards obtaining this desirable End would be to
prevent if possible the approach of ships to the Town and this I con-
ceive may probably be effected by throwing obstructions across the
channel opposite to Fort Moultrie at those Places which would
expose them inost to the Fire of the Fort. I am made happy at being
informed this work is begun and trust such Hands are employed as
will execute it properly. I must however take the Liberty to say that

92

when I consider the amazing Impetus with which ships under full
sail come in contact with any Body that obstructs their motion that
I doubt whether any single work can be made substantial enough to
be effectual the method I should recommend would be to have one
work within another the second so near the first that it should take
up the vessel if she surmounted the first Difficulty before she had
Time to reg2iin her. way.

The next Thing Sir, is to put the Town in such a state of Defence
that the Enemy in case they get up with their ships may meet with
the most obstinate opposition, it gives me concern to think that it is
far from being in this State at present several of the Batteries having
capital Errors require to be pulled down and rebuilt and it will I
am persuaded be found necessary to erect others at different Places
the extempore works thrown up about the Town are by no means to
be depended upon they were executed in a Hurry and under the ex-
pectation of an immediate attack they ought to be altered in many
Places and at all to be made more effectual. As the Interest of the
Inhabitants and Good of the Common Cause will I doubt not dispose
the People of this Country to defend their Capital to the last Extrem-
ity and as the working of a number of Traverses across the streets
are not c«ily necessary to the obstinate Defence of it but will prevent
the great Execution which might otherwise happen from an Enfilade
the materials for building these works should directly be provided
they would at present perhaps incommode the Passage of the Inhab-
itants so need not be immediately erected but the necessary apparatus
should be deposited at convenient Places to be ready occasionally —
I have much to regret the exceedingly weak state of the Back Part
of your Town assailable at many Places at none prepared to repel
an attack it requires our immediate attention nor am I less anxious
about the neck that leads out of Town the officer we may have to deal
with this winter is an officer of Enterprize and Resources with Judg-
ment to discern and a Disposition to take all advantages he cannot
but observe should the neck remain as it is how easy it would be for
an inferior Army to shut in a superior and it admits not of a Doubt
but he will if he can avail himself of it to prevent this, many works
are requisite and the sooner they are undertaken the better.

I shall now Sir proceed to some Circumstances of Defence of a
more general Tendency among these the building of some Row-
Gallies appear to me as very ccmsequential I think it far from being
improbable that they may be so constructed as to be formidable to
men of war in their Progress over your Bar and it is certain they

93

must be so should the ships ever ge:t up and lay before the Town
they will prevent all Tenders or other small armed vessels from
marauding" those Inhabitants who live upon the River make it diffi-
cult if not impossible for the Enemy to transport their Troops by
water into the country a circumstance essentially important to the
very Being of this State they will convey your Troops to Georgia
with safety and Expedition should that State require your Aid and
facilitate the arrival of theirs should your Exigencies make it neces-
sary in short the advantages of them are so manifold that I earnestly
hope they may claim your attention.

As this State and some neighbouring ones are unhappily unequal
in themselves to any formidable Invasion they must depend intirely
upon that assistance they can mutually yield to each other Every
Thing therefore which can retard the tnarch of Troops should be
removed and every measure fallen upon which can contribute to bring
them up with the utmost Expedition If North Carolina and Georgia
would join your State in establishing magazines of Provisions at
proper Places between your countries it would certainly prevent a
great deal of Delay but this I am afraid will be a work of Time.

I beg leave Sir to urge the absolute necessity of keeping a great
Number of waggons always in the Public Service Experience has
taught me how difficult it is to procure them when suddenly wanted
and the Time is probably at Hand when the least Delay may be
attended with very fatal Consequences.

The great Delay I have met with in marching men at the Ferries
of every State and at none more particularly than in this induces me
to wish that in future they may be better provided with Boats few
if any of them have more than on Flat and that generally not a good
one so that it will take a whole Day to get over a Battalion and it's
Baggage I leave you sir to Judge what may be the Event of this
when the Fate of a country may depend upon a single Hour — The
Roads at all Times an object of Public notice become of peculiar
Importance at this crisis as upon the Goodness of them an Expedi-
tious march in a great measure depends — I would urge as a circum-
stance exceedingly necessary the collecting and keeping for Public
use a great number of canoes and other rowing Boats as in a Country
so cut to Pieces with water Courses and penetrable at such a
variety of Places it is very uncertain where you may have Occasion
to Convey your Troops or from whence to bring them a Provision
of this kind therefore seems to be an act of necessity certain I am
that in the late military operations of this Country the want of them

94

was severely felt by the General and the service greatly injured by it
The short Time I have been in this Country renders it impossible
for me to be so well acquainted with the Geography of it as I wish
or as I hope soon to be I therefore cannot undertake to point out
every Place where it might be necessary to erect works or take other
methods to prevent or render difficult' fRe Enemy's Access I am
happy however in the Consideration that you Sir and many members
of your Legislature front the perfect knowledge of this Country are
adequate to this and in the firm Persuasion that it will be properly
attended to

The building of Barracks at those Places where in case of an In-
vasion we should be obliged to station Troops particularly at Had-
drel's is a matter that ought by no means to be neglected the Incon-
veniences which the soldiers suffered for want of them and the ill
Effect it had upon their Health even in the Summer Season makes it
evident That they cannot endure a winter campaign without them, I
am loth to^ mention a Provision which I am fearful it will be difficult
to make I mean of Cloaths and Blankets for the men but I should be
wanting in attention to them not to express a wish that every method
may be fallen upon to procure them — I know not whether the Islands
along your Sea-Board have any Live Stock upon them but if they
have and are suffered to remain there I cannot but consider them as
the absolute Property of the Enemy I therefore think it my Duty in
the most earnest manner to urge that they be immediately removed
indeed I think the Proprietors of these Islands ought not to be suf-
fered to occupy them at all, at present that the Enemy may have no
Temptation to make or receive no benefit by making a Lodgment on
them.

There are other matters which strike me as necessary to the
Defence of this Country and from further Observation many more
may occur to me but as I presume Government in the Recess of
assembly will be furnished with Powers to provide for Contingencies
I have no Occasion to trouble you with them now

I enter into the next Object of my Consideration with exceeding
Diffidence and Anxiety lest I should be thought to haVe exceeded the
Bounds of Propriety by touching upon it at all if Sir unfortunately
for me that should be the case will your Legislature do me the Justice
to impute it to the Zeal I have for the Service of this State and kindly
admit the Cause to execute the Effect — The Number of regular
Troops allotted to this Country are not enough for it's Defence
though all the Battalions were full this Sir militates strongly in

95

Favour of •a well regulated militia and I am happy to hear it is the
subject of your present Deliberations but as a military system exclu-
sive of militia has been established in Virginia which Experience has
shewn to be a very good one I presume just to hint it to you I mean
the Establishment of minute Battalions in order to this their State
was divided into Districts and each District furnished a Battalion
, of minute men Persons of the greatest Consequence and Influence
were appointed as officers who inlisted the men from the Body of the
militia these men besides attending a number of private musters were
at stated Periods obliged to embody in Battalions for a specified num-
ber of Days and go through all the Discipline and maneavres of a
Camp during this Time they were paid and provisioned by the Public
and were at all Times liable to be called into the service I had
the Honour to command a great number of them the last win-
ter and it is but Justice to them to say that they deserved to be
ranked among the best of our Troops The men of these Battalions
being inlisted upon the express 'condition of turning out occasionally
are always in Expectation of and will be always prepared for it they
are generally better armed and will probably be better disciplined
than militia and may either make it unnecessary to call out the Latter
at all or make a stand against the Enemy while they are collecting
but whether such Establishment may suit the Policy of this Country
the wisdom of your Legislature will determine.

Permit me Sir again in the most earnest manner to urge the abso-
lute necessity of immediately taking measures to place us in the best
state of Defence possible our private Interest and our Fidelity to the
Common Cause exact it of us to lose the opportunity we now have is
to neglect the first and betray the latter Happy should I have been
had not the necessity of service deprived you of the Commander in
Chief of the Southern Department at this critical Juncture from
whose indefatigable attention to his Duty and from whose spirit and
abilities in the Execution of it you could not but have derived every
possible Benefit

I Sir have nothing to offer you but an assurance of the most
unwearied attention to the Duties of my station the utmost Exertion
of such abilities as I have and that I shall by my most strenuous
Efforts in the service of your Country demonstrate the Zeal and

96

attachment I feel for the Glorious Cause of Freedom to which I
have devoted myself

I have the Honour to be with the greatest Respect Sir

Your Excellency's most obedient
and very humble servant
Charles Town V Robert Howe

6th October 1776 J

Another Message from the President by the Qerk of the Legisla-
tive Council

M'^ Speaker and Gentlemen

I send you several Resolves of the Continental Congress and an
Extract of a Letter which I lately received from M' Edward Rut-
ledge

As the men hereafter inlisted into the six Battalions to be fur-
nished from this State should I appffehend be engaged till the End
of the war and the Bounty allowed by Congress is considerably
increased your late Resolution is now inadequate It will therefore
be necessary that you should determine what allowance or Encour-
agement shall be given by this State to the men who may be inlisted
here agreeable to those Resolves

John Rutledge
9th October 1776

The Extract of a Letter from the Honourable M*". Edward Rut-
ledge dated Philadelphia 25th September 1776 being read is as
followeth

The Congress are resolved to raise Eighty eight Battallions to con-
tinue during the war we mean to re-inlist all those who are now
engaged if they will serve — It is not intended by th^ Resolutions that
you should raise six Battalions over and above what you now have
but that they should be re-inlisted to serve during the war

The Resolves of the Continental Congress of the 14th i6th i8th
and 19th of September 1776 being read are as follows

In Congress September. 14 1776

Whereas the Delegates of South Carolina have represented that
by an arrangement made in Congress on the i8th Day of June last
the Regiment of Artillery and Two Regiments of Rifle men raised
in that Province will obtain Precedency over a Regiment of Rangers
though the latter was raised before either of the former which may
be attended with Consequences extremely prejudicial to the service,
Therefore

\

97

Resolved That the said Regiipent of Rangers commanded by
Colonel William Thomson do still keep the same Station it had in
the Provincial Arrangement and be intitled to Rank in the same way
as other Regiments in the Continental service

Extract from the minutes
• Charles Thomson Secretary

In Congress September i6***, 1776
Resolved That Eighty-eight Battalions be inlisted as soon as pos-
sible to serve during the present war and that each State furnish
their respective Quotas in the following Proportions viz

New-Hampshire » .3 Battalions

Massachusetts Bay 15 Ditto

Rhode Island 2 Ditto

Connecticut 8 Ditto

New- York 4 Ditto

New- Jersey 4 Ditto

Pennsylvania 12 Ditto

Delaware i Ditto

Maryland 8 bitto

Virginia 15 Ditto

North Carolina 9 Ditto

South Carolina 6 Ditto

Georgia i Ditto

That Twenty Dollars be given as a Bounty to each non-commis-
sioned officer and private Soldier who shall inlist to serve during
the present war unless sooner discharged by Congress

That Congress make Provison for granting Lands in the following
Proportions to the officers and soldiers who shall so engage in the
service and continue therein to the close of the war or until dis-
charged by Congress and to the Representatives of such officers and
soldiers as shall be slain by the Enemy such Lands to be provided
by the United States and whatever Expence shall be necessary to
procure such Land the said Expence shall be paid and borne by the
States in the same Proportion as the other Expences of the war viz

To a Colonel 500 Acres

a Lieutenant Colonel 450 Ditto

a Major 400 Ditto

a Captain ! 300 Ditto

a Lieutenant 200 Ditto

an Ensign 150 Ditto

Each non-commissioner officer and soldier 100 Acres

7— H. c.

98

That the appointment of all officers and filling vacancies (except
General officers) be left to the Governments of the several States
and that every State provide Arms Cloathing and every necessary
for it's Quota of Troops according to the foregoing Estimate the
Expence of the Cloathing to be deducted from the Pay of the Troops
as usual t

That all officers be commissioned by Congress

That it be recommended to the several States that they take the
most speedy and effectual measures for inlisting their several Quota's
That the money to be given for Bounties be paid by the Paymaster
in the Department where the. soldier shall inlist

That each Soldier receive Pay and Subsistence from the Time of
their Inlistment

September i8 1776

That if Rations be received by the officers or Privates in the Con-
tinental Army in money they be paid at the Rate of Eight nineteenth
Parts of a Dollar per Ration

That the Bounty and Grants of Land offered by Congress by a
Resolution of the i6th Instant as an Encouragement to the officers
and Soldiers to engage to serve in the Army of the United States
during the war shall extend to all who are or shall be inlisted for
that Term the Bounty of Ten Dollars which any of the Soldiers
have received from the Continent on account of a former Inlistment
to be reckoned in Part Payment of the Twenty Dollars offered by
said Resolution

That no Officer in the Continental Army is allowed to hold more
than one Commission or to receive Pay but in on Capacity,

September 19 1776

That the Adjutants in the Continental Army be allowed the Pay
and Rations of Captains and have the Rank of First Lieutenants

In Order to prevent the officers and Soldiers who shall be intitled '
to the Lands hereafter to be granted by the Resolution of Congress
of the 1 6th from disposing of the same during the war

Resolved That thjs Congress will not grant Lands to any Person
or Persons claiming under the assignment of any officer or soldier

By Order of the Congress
John Hancock President

Ordered That the messages from the President of yesterday arid
this Day's Dates and the several Papers accompanying the same be
referred to a Committee

99

And they are referred^ to the Honourable M^. Lowndes the Hon-
ourable M^ Edwards the Honourable M^ Justice Bee M^. Attorney
General Coloney Pinckney M^. John Waring Major Simons Colonel
M*^Intosh M*". Williamson and Captain Savage

The following Gentlemen were returned duly elected members of
the present General Assembly viz

Alexander Moultrie Esquire for ChSrles Town in the Room of
Cato Ash Esquire deceased -

The Honourable Thomas Bee Esquire for the Parish of St An-
drew in the Room of the Honourable Thomas Fuller Esq

William Parker Esquire for St James Goose Creek in the Room
of the Honourable John Parker

Ordered That the said new elected members have immediate
notice by the Messenger to attend this House

A Letter from Edward Blake Esquire addressed to the House was
laid before them and read in the following words

October 9th. 1776

Gentlemen

The Commissioners of 'the Navy Board on Inquiry find that a
Captain is wanted for the Brigantine Comet They beg Leave to
recommend Captain Stephen Seymour and Captain Edward Allen as
fit Persons for the Legislature to make Choice of

Edward Blake, First Commissioner

Resolved That this House will proceed to ballot jointly with the
Honourable the Legislative Council for a Captain of the Brigantine
Comet

Ordered That the attendance of the members of the Legislative
Council in this House be desired to join in balloting for a Captain of
the Brigantine Comet

The Honourable M^ Bee and M^ Attorney-General attending
according to order and being called in took the Oath prescribed by
the Constitution and their seats as members

John Bull Esquire also took the Oath prescribed by the Consti-
tution and his Seat as a member for Prince William's Parish

Ordered that M^ Ralph Izard and M^ Thomas Waring do examine
and compare with some Member of the Legislative Council an
ingrossed Ordinance to direct the manner of procuring negroes to
be employed in the Public Service

M^. Izard reported That M^ Waring and himself had as ordered
examined and compared the ordinance and that they found it truly
ingrossed

lOO

Ordered That M^ Waring and M^ Izard do attend the President
with the Ordinance in order to have th^ seal affixed thereto and to
desire to know when His Excellency will please to receive this House
to present the same for his assent

M*". Waring reported That M^ Izard and himself had delivered
the message they had in Charge to the President and that His Excel-
lency was pleased to say he WK)uld receive this House in Ten Minutes
in the Council-Chamber

Resolved That the Commissioners appointed by this House, on
the 27th September last to purchase a Cargo of Salt arrived here
in the Sloop Margaret be and they are hereby authorized and
required in like manner to purchase all other Salt that shall be
imported here to the first Day of December next and to sell and
distribute the Salt to be so purchased in the same manner and in
such Proportions as is directed by order of this House of the 2d
Instant

Resolved That the Commissioners of St David's Parish do take
into Custody the salt now in M^ John Mitchell's store at Cheraw-Hill
paying for the same at the Rate of Fifty shillings currency per
Bushel And that they sell and distribute the said salt to and amongst
such of the Inhabitants of this State who have not lately received
a Dividend of the salt in Charles Town or at Winyah as shall apply
for the same in the Proportion of One Half Bushel to six white
Persons in a Family

A Petition of Elizabeth Black Widow was presented to the House
and read in the following words

That the Petitioner's late Husband Robert Black was late a soldier
in the Second Regiment in the service of this State and was in the
gallant defence of Fort Moultrie on SuUivant's Island on the 28th
Day of June last grievously and mortally wounded and died on the
nth Day of July next after

That the Petitioner besides a Daughter married hath one Daugh-
ter fifteen years old another twelve years a son of a very sickly Habit
of Body about eight years a Daughter about six and another son
about four years old

That she hath no Friends or Relations in this State from whom
she can expect the least assistance for the support of her self and
this Family and that she is in very poor and indigent Circumstances

That the Petitioner having lately made application to His Excel-
lency the President and the Honourable the Privy Council His Excel-
lency was pleased with the advice of that Board to order Fifty

lOI

Pounds to be paid her and that she should be intitled to receive the
Pay of her Husband until the sitting of this House

That the Petitioner is very desirous of returning from this State
into which herself and children have been very sickly to her native
State Friends and Relations in Pensylvania but is unable to bear the
Expence of such a Journey

The Petitioner therefore humbly prays that this Honourable House
will take the Premises into Consideration and grant her such Relief
as'to them in their wisdom shall seem meet

Message from the President by the Clerk of the Legislative
Council

M"" Speaker

His Excellency the President is now in the Council Chamber
ready to receive this House with the Ordinance they have to present

And then the Messenger withdrew

M*" Speaker with the House accordingly attended the President
in the Council Chamber

And being returned

M^ Speaker reported That the House having attended the Presi-
dent in the Council Chamber he had presented to His Excellency

An Ordinance to direct the manner of procuring Negroes to be
employed in the Public Service

To which His Excellency had been pleased to give his assent

The Clerk of the Legislative Council brought from that House a
Bill establishing a proper Oath of Qualification to be taken by the
Members of the General Assembly to direct the method of choosing
Parochial and District Committees for authorizing the returning
officers of St Davids Parish to hold their Elections one Day at the
Church and one Day at the Court House and for other Purposes
therein mentioned — Read a Second Time in the said Council

The said Bill being read a Third Time

Resolved That the Bill do pass.

Ordered That the Bill be sent to the Legislative Council for their
Concurrence

Ordered That Captain Harlston and Major Simons do carry the
Bill to the Legislative Council

A Bill to impower the Court of Admiralty to have Jurisdiction in
all cases of the Capture of the Ships and other Vessels of the Inhabi-
tants and Subjects of Great-Britain to establish the Trial by Jury

in the said Court in Cases of Capture and for other Purposes therein
mentioned was read a Second Time

Ordered That the Bill be sent to the Legislative Council

Ordered That Major Simons and Captain Harlston do carry the
Bill to the Legislative Council

Colonel Gervais reported from the Committee to whom, .was
referred the Petition of Henry Drew And he read the Report in his
Place and afterwards delivered it in at the Qerk's Table where the
same was read in the words following

They they repaired to the Jail and examined the Petitioner who
they find is a Prisoner of war belonging to the 40th Regiment of
Foot of His Brittannic Majesty and therefore your Committee are of
Opinion that his application would come more properly before
General Howe Commander in Chief for the Time being of the
Continental Troops here

The Report being read a Second Time

Resolved That this House do agree with the Report of the Com-
mittee

The Reverend M*". Tennent reported from the Committee to whom
the Petition of Robert Pearis was referred And he read the Report
in his Place and afterwards delivered in it at the Clerk's Table where
the same was read and is as follows

That they went to the common Jail in Charles-Town and made
the best Inquiry they could into the Case of the said Robert Pearis
They found him confined as the Petition sets forth in an upper
apartment ^prepared for common Criminals the windows of the
room without Sashes or Glass to keep out the weather although so
constructed as easily to admit of Glass They found that the Roof
of the Jail was so defective as continually to leak when it rains not
only to the Injury of the apartment in Question but of every other
in the Jail to the manifest Danger of the Health of the unhappy
Creatures confined there as well as to the great Damage of the
Building

They also report that they conversed with M^ Pearis on the Cause
of his confinement and found him although disposed to take an Oath
of Neutrality yet determined against every kind of opposition to the
Arms of His Britannic Majesty considering himself a Subject of
Great-Britain notwithstanding the Declaration of Independency

They can therefore only recommend that M*" Pearis be admitted
to come down into the lower Apartments of the Jail and to walk in
the Garden in the Day Time upon his Parole that he will take no

103

Advantage of this Indulgence But that in Case of actual Invasion
he with other Prisoners should be confined more strictly

Your Committee was afflicted to find that not only Mr Pearis
but some Prisoners of war although sick were shut up with com-
mon Criminals and confined to the same Provisions with them
And although it was not expressly committed to them and only fell
under their observation in the Course of their Inquiry into M*^
Pearis's Grievances yet common Compassion for the miserable and
a Regard for the Honour of this State induce them to recommend
it to the House to appoint a committee to examine into the State
of the Jail and the Treatment of the Prisoners of war and in join it
upon them to report thereon as speedily as possible

The Report being read a Second Time

Resolved That this House do agree with the Report of the Com-
mittee

Ordered That the Reverend M*" Tennent Colonel Gervais and Cap-
tain Scott be a committee to examine and report to this House the
state of the Jail and the Treatment of the Prisoners of war

M*^ DeSaussure reported from the Committee to consider the best
means of providing maintaining and regulating a Pilot-Boat and

»

Pilot for Beaufort And he read the Report in his Place and after-
wards delivered it in at the Qerk's Table where the same was read
in the words following

That no less than Five Commissioners be appointed whose Power
shall be to superintend the Pilotage for said Port to cause a Pilot-
Boat to be built and for the Payment of which this House do grant
them a sum not exceeding Three Thousand Pounds Currency to be
paid to the their order by the Treasurers

That this House do also grant to said Commissioners the sum of
One Thousand Pounds currency per annum for a Salary to a Pilot
As also the sum of Two Hundred Pounds Currency per Annum
for keeping in Repair said ,Boat whiqjfi sums the Commissioners
shall draw on the Treasury in Half yearly Payments

Ordered That the Report be taken into Consideration To-morrow

Ordered That during the Recess of the House the late and the
present Clerks do together open the Packages containing the Jour-
nals Books & other Papers belonging to this House and make out a
catalogue or schedule thereof to remain in the Hands of the present
Qerk with the Custody of the said Journals Books and other Papers

And then the House adjourned till To-morrow morning Eleven
of the Clock

I04

Thursday the loth Day of October. 1776

The House met according to adjournment

Read the Journal of Yesterday's Proceedings

The Members of the Honourable the Legislative Council having
been desired to attend in this House to join in balloting for a captain
and commander of the Brigantine Comet

Their Honours attended accordingly

The Members of both Houses then proceeded in the balloting

And the Ballots being reckoned

M*" Speaker reported That Captain Edward Allen was by a
Majority of votes duly elected Captain and Commander of the
Brigantine Comet

Message to the President

May it please your Excellency

This House having jointly with the Legislative Council by Ballot
duly elected Captain Edward Allen to be Captain and Commander
of the Br^ntine Comet armed in the service of this State request
that your Excellency will commissionate him accordingly

Ordered That the Message be ingrossed and that M' Speaker
do sign the same

Ordered That M^ Skirving and M^ Ladson do attend the Presi-
dent with the Message

Petitions from John Gray John Morgridge and Stephen Prosser
Prisoners in Charles-Town Jail were presented to the House and
read

Ordered That the said Petitions be referred to the Committee
appointed yesterday to examine and report the state of the Jail and
the Treatment of the Prisoners of War

Colonel Pinckney presented to the House according to Order a
Bill for the better Regulation of the Militia of this State and for
repealing all the militia Laws and Resolves of the late Provincial
Congresses respecting the |^ilitia heretofore made And the same
was received and read the First' Time

Ordered That the Bill be read a Second Time

Message to the President

May it please your Excellency

This House having resolved That a Fort and Guard at the Che-
raws are unnecessary request that your Excellency will be pleased
to give orders to discontinue the building of the said Fort and for
the discharge of the Guard now there and that such Part of the
Powder and Lead which the colonel of the Regiment of that Dis-

a

trict had received for the use of such Guard as remains unused be
delivered to the care and custody of the committee for St Davids
Parish

Ordered That the message be ingrossed and that M*" Speaker
do sign the same

Ordered That M' Skirving and M*" Ladson do carry the message
to the President

The House then proceeded on the Order of the Day to consider
the Report of the Committee appointed to consider and report the
best means of providing maintaining and regulating a Pilot- Boat and
Pilot to attend the Bar and Harbour of Beaufort

And the said Report being read and debated on was agreed to by
the House

Ordered That Leave be given to bring in a Bill for the Purposes
therein mentioned

Resolved That the Bill for the better Regulation of the Militia
of this State and for repealing all the militia Laws and Resolves
of the late Provincial Congresses respecting the militia heretofore
made be read a second Time on Saturday next And that all the
Members of this House who can attend be summoned

Message from the Legislative Council by the Clerk of that House

In the Legislative Council

the loth Day of October 1776
M'. Speaker and Gentlemen

Upon reading a Third Time "a Bill establishing a proper Oath
of Qualification to be taken by the members of the General Assembly
directing the method of choosing Parochial Committees for author-
izing 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
and for other Purposes therein mentioned"

This House propose the following amendment may be made to
the latter End of the clause of the said Bill which discharges the
members of the General Assembly from taking the State Oath viz
"But instead thereof the members of the General Assem^bly respec-
tively at the Time of their taking the Oath of Qualification as afore-
said shall before the same Justice of the Peace take the following
Oath or affirm^ntion 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 cts established by Congress on the 26th Day of
March 1776 until the Legislative Authority of this State shall de-
termine otherwise"

io6

This <House likewise propose the following clause should be made
Part of the said Bill, "And be it further Enacted by tlie Authority
aforesaid That all church wardens or other Persons who shall here-
after manage Elections for members to represent the several Parishes
and Districts respectively within this State shall and they are hereby
authorized and impowered before they receive the vote from any
Elector who they may suspect and believe hath not taken the Oath
of Fidelity to this State administer the same to all and every such
Elector or Electors and in Case of their Refusal to take the said Oath
he or they shall not be permitted to give his or their vote" — ^to
which we desire the concurrence of your House

Resolved That this House do concur with the Honourable the
Legislative Council in the amendments proposed in the foregoing
message

Message to the Legislative Council

HQnourable Gentlemen

This House concur with your Honours in the amendments pro-
posed to be made to the Bill mentioned in your message of this Date
and desire your Honours will amend the Bill accordingly

Ordered That the Message be ingrossed and that M*" Speaker do
sign the same

Ordered That M*" Elias Horry Junior and M*" Benjamin Waring
do carry the Message to the Legislative Council

Message to the Legislative. Council

Honourable Gentlemen

We herewith send to your Honours Copy of a Resolve of this
House to remit certain Fines imposed on John Thompson and
Richard Thompson to which we desire your Honours Concurrence

Ordered That the Message be ingrossed and that M^ Spe&ker
do" sign the same

Ordered That M*" Benjamin Waring and M^ Elias Horry Junior
do carry the Message to the Legislative Council

And then House adjourned till T<j>-morrow morning Ten of the
Qock.

Friday the nth Day of October 1776

The House met according to adjournment

Read the Journal of Yesterday's Proceedings

M^ Skirving reported That M^ Ladson and himself had waited
on the President with the Message they had in Charge And that
His Excellency was pleased to say he would issue the orders re-

I07

quested in the one and conmiissionate Captain Altem as desired in
the other,

Resolved That it is the Opinion of this House That no Person in
this State indebted to any Persons subjefcts to the King of Great-
Britain (the Inhabitants of Bermuda's and the- Bahama Islands
excepted) or any attorney within this State for any such subjects
(except as aforesaid) ought to remit or pay directly or indirectly
to any such subjects (except as before excepted) or for their use
any sum of money or merchandize whatever until it shall be other-
wise directed by Law except attorneys for Persons usually Residents
in this State now in Great-Britain and intending to return as soon
as possible to this State and the Parents and Guardians of youth
now residing and educating in Great-Britain or in any other Part
of Europe which last mentioned attorneys Parents and Guardians
may be at Liberty to remit for the use of their Constituents Children
and Wards such sums as they shall think necessary and expedient
for their support or Education and maintenance

Resolved also That it is the Opinion of this House that all absen-
tees holding Estates in this State should use every means in their
Power forthwith to return to this State

Ordered That a Copy of the above Resolves be sent to the Legis-
lative Council for their concurrence and to the President for his
assent

Message to the Legislative Council

Honourable Gentlemen

We herewith send ^ Copy of Resolves entered into by this House
to which we desire your Honours concurrence

Ordered That the Message be ingrossed and that M*" Speaker
do sign the same

Ordered That M*". Middleton and M*". M^^Queen do carry the Mes-
sage to the Legislative Council

M*". DeSaussure presented to the House according to Order an
Ordinance for allowing and keeping in Repair a Pilot Boat to attend
the Bar and Harbour of Beaufort and for settling and regulating
the Pilotage of the said Harbour And the same was received and
read the First Time

Ordered That the Ordinance be read a Second Time

And the same being read accordingly

Ordered That the Ordinance be sent to the Legislative Council

Ordered That M*" Benjamin Waring and M*". Thomas Waring do
carry the same to the Legislative Council

io8

Resolved That the Commissioners for purchasing and delivering
salt shall for One Month after this Date deliver Salt to Persons
applying for it (without Certificates from Committees) upon such
Persons making Oath of the Number of Families they apply for
and that they will distribute the salt in the allotted Proportions
amongst such Persons

Ordered That the Petition of Elizabeth Black presented to this
House on Wednesday last be referred to a Committee

And it is referred to the Reverend M^ Tennent Major Cattell
and M*" Ralph Izard

Resolved That the Commissioners of the Treasury as a further
Encouragement to the Commander and Marines belonging to the
vessel called the Revenge do pay and advance to the said Commander
and Men out of the amount of the Sales of the Cargo taken from
on board the Transport Brigantine called the Glasgow-Packett One
Sixth of the neat Amount of Sales of the said Cargo

Ordered That a Copy of the above Resolve be sent to the Legis-
lative Council for their Concurrence and to the President for his
assent

Message to the Legislative Council

Honourable Gentlemen
We herewith send Copy of a Resolution this Day entered into by
this House to which we desire your Honours Concurrence

Ordered That the Message be ingrossed and that M^ Speaker
do sign the same

Ordered That Captain Roger Smith and M*". Chiffelle do carry the
same to the Legislative Council

The Honourable M^. Heyward reported from the Committee to
whom the memorial of divers Inhabitants of Charles Town was
referred And he read the Report in his Place and afterwards de-
livered it in at the Clerk's Table where the same was read and is as
followeth >

That it is their Opinion Leave should be given to bring in a Bill
for establishing and keeping Three Watch Companies in Charles
Town

Resolved That the Report be taken into Consideration immediately

And the same being accordingly taken into consideration and
agreed to by the House

Ordered That Leave be given to bring in such a Bill and that the
Honourable M*" Heyward do prepare and bring in the same

109

The Honourable M^ Heyward according to order presented to the
House a Bill for establishing and keeping Three Watch Companies
in Charles-Town and the same was received and read the First
Time

Ordered That the Bill be read a Second Time To-morrow

The Qerk of the Legislative Council brought from that House a
Bill to impower the Court of Admiralty to have Jurisdiction in all
Cases of Capture of the ships and other vessels of the Inhabitants
and Subjects of Great-Britain to establish the Trial by Jury in the
said Court in Cases of Capture and for the other Purposes therein
mentioned — ^Read a Second Time in the said Council, also

A Bill for 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 for the Parish of St David to hold their Elec-
tions one Day at the Church and one Day at the Court House and
for the Purposes therein mentioned— Read a Third Time in that
House

Ordered That the Title of the Bill be "an Act" and that the Act be
ingrossed

The Reverend M^ Tennent presented to the House according to
Order a Bill of Free and General Pardon And the same was
received and read the First Time

Ordered That the Bill be read a Second Time

Ordered That the Clerk of this House do cause all the Acts and
Ordinances passed by the Legislature of this State to be printed as
soon as may be after their passing for the use of the members of
both Houses

And then the House adjourned till To-morrow morning nine of
the Qock

Saturday the 12th Day of October 1776

The House met according to adjournment

Read the Journal of yesterday's Proceedings

M^ Capers reported from the Committee to whom the Petition
of William Hort Esquire was referred And he read the Report in
his Place and afterwards delivered it in at the Clerk's Table where
the same was read and is as followeth

That they have considered the Petition of M^ Hort and are of
opinion the Prayer of the Petition ought to be granted But inasmuch
as there are many Inhabitants of this State in the same Situation

no

with M' Hort your Committee recommend that this House enter
into a Resolve desiring all Persons that have received Damages in
the like Case to make them known within six months in order that
Provision may be made for the same And that notice be given in
the Gazette for that Purpose

Ordered That the Consideration of the Report be postponed in
order to proceed upon the Order of Day

The Order of the Day being read

Ordered That the Messengers do go out and summon all the
absent members to give their immediate attendance

A Motion was then made that the Order of the Day for reading
a Second Time a Bill for the better Regulation of the Militia of
this State and for repealing all the Militia Laws and Resolves of the
late Provincial Congresses respecting the Militia heretofore made"
be postponed ^

A Debate ensued

And the Question being put

The House divided

Teller for the yeas Colonel Pinckney — ^46

Teller for the noes the Honourable M^ Lowndes — ^42

So That it was Resolved in the affirmative

Daniel Heyward Junior Esquire took the Oath prescribed by the
Constitution and his Seat as a member of this House

Message from the Legislative Council by their Clerk

M*". Speaker and Gentlemen

Upon reading your Message to this House of yesterday with
the Resolution which accompanied it for remitting the Fine imposed
upon Richard Thompson and John Thompson we are at a Loss to
know what those Fines were and for what Cause they were imposed
and therefore we shall be glad to be informed of the Particulars of
those mens Cases if your House is possessed of any Information
leading thereto

In the Legislative Council

1 2th Day of October 1776

By Order of the House
Thomas Shubrick Speaker

Ordered That the Honourable M^ Justice Mathews do examine
and compare with some member of the Legislative Council an in-
grossed Bill for establishing an Oath of Qualification to be taken
by the members of the General Assembly directing the methbd of
choosing Parochial and District Committees for authorizing th^ re-

Ill

turning officers for the Parish of St David to hold their Elections
. one Day at the Church and one Day at the Court House and few-
other Purposes therein mentioned

The Honourable M'" Justice Mathews reported that the Bill had
been examined and compared according to order and that the same
was truly ingrossed

Ordered That the Honourable M^ Justice Mathews and M' Daniel
Heyward Junior do wait orf the President with the Bill to desire that
the Seal may be affixed thereto and to know when his Excellency
will please to receive this House to present the same

The Honourable M^ Justice, Mathews reported that M*^ Heyward
and himself had waited on the President with the Bill and message
they had in Charge And that His Excellency was pleased to say he
would receive this House presently in the Council Chamber

Ordered That the Honourable M^ Lowndes Colonel Gadsden the
Honourable M^ Justice Bee the Honourable M^. Justice Mathews
the Honourable M^ Heyward Colonel Pinckne^y Captain Trapier M^.
Attorney-General and the Honourable M*" Edwards be a Committee
to revise the Constitution or Form of Government and to report to
the House such alterations or additions as may be expedient to make
thereto

Ordered That Leave be given to bring in an Ordinance for open-
ing and improving the Inland Navigation in this State And that the
Honourable M^ Justice Bee do prepare and bring' in the same

An Ordinance for allowing and keeping in Repair a Pilot Boat
to attend the Bar and Harbour of Beaufort and for regulating the
Pilotage, of the said Harbour" was read a Third Time

Resolved That the Ordinance do pass

Ordered That the Ordinance be sent to the Legislative Council
for their Concurrence

Ordered That Colonel Gadsden and M*". Osbom do carry the Ordi-
nance to the Legislative Council

Colonel Gadsden reported That M'. Osborn and himself had de-
livered the Ordinance they had in Charge to the Legislative Council

Message from the President by the Clerk of the Legislative
Council

M*" Speaker
His Excellency the President is now in the Council-Chamber
ready to receive this House with the Bill they have to present

And then the Messenger withdrew

112

M*" Speaker with the House accordingly attended the President
in the Council Chamber

And being returned

M^ Speaker reported That this House having attended the Presi-
dent in the Council Chamber he had presented

An Act for 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 re-
turning officers for the Parish of St David to hold their Elections
one Day at the Church and one Day at the Court House and for other
Purposes therein mentioned

To which His Excellency had been pleased to give his assent

The Clerk of the Legislative Council brought from that House
an Ordinance for allowing and keeping in Repair a Pilot Boat to
attend the Bar and Harbour of Beaufort and for regulating the
Pilotage of the said Harbour" Read a Third Time in that House

Ordered That the Ordinance be ingrossed

Message to the Legislative Council

Honourable Gentlemen

In answer to your message just now received we herewith send
you a Petition and a Report of a Committee thereon as agreed to
by this House which will inform you the Particulars of the cases
of Richard and John Thompson and of the Grounds of the Resolu-
tion of this House with respect to those Persons

Ordered That the message be ingrossed and that M** Speaker
do sign the same

Ordered That M*" Pinckney and M^ Thomas Waring do carry the
message to the Legislative Council

The House then proceeded on a Second Reading of a Bill for
establishing and keeping Three Watch Companies

And having made some Progress therein

Ordered That the further proceeding in the said Bill be adjourned
till "Monday next

Ordered That George Robinson George Pawley and Francis
Adams Esquires have Leave of Absence from the Service of this
House to attend the approaching Elections in their respective Dis-
tricts

Resolved That all necessary Repairs to the Public Buildings be
forthwith made and this House will provide for the Expence thereof

And then the House adjourned till Monday Morning Ten of the
Qock.

"3

Monday the 14th day of October 1776.

The House met according \o Adjournment

Read the Journal of Saturdays Proceedings

M^. Neufville reported from the Committee to examine the Public
Treasury accounts and to report to the House an exact and circum-
stantial Account of the state of the Treasury what sums have been
issued and for what particular Service arranging under distinct
Heads the particular Services for which the monies have been
expended, And he read the Report in his Place and afterwards
delivered it in at the Clerk's Table where the same was read and
is as foUoweth

That the Commissioners of said Treasury have paid the following
Sums on the accounts and to the several Persons under mentioned

VIZ

The First and Second Regiments £351256.

The 3d Regiment of Rangers

The 4th Regiment of Artillery

The 5th & 6th Regiments of Riflemen ....

Rice

Flour

Indian affairs exclusive of 100 tt of Gun

Powder

* North Carolina for the Prisoners Dunn

and Boote

1
1

\

Vestry of St Philip's Parish iio,ooo.

Brigantine William

Schooner Islington & her Cargo

Cargo per the Brigantine Notre Dame
and Disbursments for the vessel......

Fire Masters for Charles Town

Edward & John Blake

Voyage per the Rebecca from George Town

Colonel Richardson's Expedition

Naval Department

Artillery Company at Port Royal

Contingencies

Fortifications

John Scott son of Jonathan

Joseph Darrell

351256.

.18.

139322.

. 8..

60936.

.18..

92029 .

• 7.-

27782 . .

.13..

3754. .

. 2. .

12865..

. 9..

2172. .

, 7..

£10,000. .

I 167. .

10.

21865..

17..

29656.

.10. .

105..

6500. .

2687. .

4..

192379..

II. .

IOI544.

. 8..

12256. .

I. .

303765 . -

.18..

53200.

• 5.-

2365 • -

.^000.

. 4..

2

5

4

3
2

4

8

6
5
6

4

4
I

6

5
9

8— H. C.

114

Georgia

Nitre Works £2810. . i^. . 10

William Bartey's account 350. .

Continental Congress. ... 6115. .17. .
And for payment of )
Continental Troops . . J

3197s

Works on SuUivants Island

Commissary General

Salaries to the Clergy

Cargo per Schooner Peggy at George

Town

Commissioners for Buying Rifles. . ......

Contingent Fund for His Excellency.

the President

Artillery Company at George Town and

for the Fort there

Militia

Peter Lepoole and John Burnley for Rice

shiped on the Brigantine Liberty Philip

Conway master ,

Robert Cochran

Voyage for the schooner Little Thomas

Captain Nelmes to Bermuda

Paul Pritchard

Virginia

Commissioners for laying. Obstructions

on the Bar

Commissioners for Purchasing Salt Bal-
ance of this account

Commissioners for Importing Cloaths

for the Troops

Fortifications on James-Island

Commission's of Fort Lyttleton Port

Royal

Stockade Fort and keeping a Garison at

Cheraws

Captain Darrell's Company at Lyttleton's

Bastian

1
i

1

1

4653.. I.. 4

3160. .15. .10

38090.

39052.
130000.

5825.

12737-
5719

2760.

7362.

209991.

5227.

951.

548.

1000.
65.

£5646.

4935

43980.
6307.

2373-

7647.

2329.

17. .— ,
II. .10

. • .

18. . 9

II

. . • .

14. . 6
4.. 3

13- • 4

10. . 6.
II. . 9

12. . 6

17.. 9

14. . I

7-. 5

19. . 6

I5-- 3

For the Care of John Stuart's Estate and )

M" Stuart's allowance ) ^^^* ' ^' *""

Premiums for making Hemp 550. . 12. . 8

Premiums for making Linen and Thread. . 180. . . . —

For the use of the Hospital 8389. .5. 6

Naval Department at George Town 5722. . 6. . —

Philip Will Barrack master and Post Rider 3108. . i. . 3

Captain John Copithorn 355 . . 15 . . —

Edward Darrell Commissary to the naval

Department 3000

Tacitus Gaillard Quarter Master General. . 200. . . . —

Paid John Scott the Balance on a Cargo ) ^,

per Schooner Polly J ^^^ " ' ' *

Cargo per the Constitution and Purchase ) ^

of the said Vessel J ^ . . 4« ^^

Indico per the sloop Swift Captain Morgan 16862. . 12. . 4

Baron Matzenback 85 . . . . —

Colonel Williamsons Expedition against )

the Indians j *^.^* *

Bounty on Flour the Balance after de- )

ducting the Duty received on Flour J ^^' '

Commissioners for carrying on Salt Works 337. . 4. . 9

Commissioners for the works at Dorchester 3046. . 2. . 2

General Lee 487. .10. . —

Expedition to Savannah 1617. . . . —

Cargo per Schooner Polly John Besnard

master 11643.. .. —

i2,,o69,ss6..i7..io
Balance remaining in the Treasury 3d
October 1776 £6000 of which is ^ . .380..S37. . 2.. 10
ordered not to be issued

£2,450104. . o. . 8
. The Commissioners of the Treasury have received the following
sums viz
of Edward Oats on Account of Ogna- )

brugs sold by him J ^ ....

of Henry Peronneau and Benjamin Dart 1 r z:o
late Treasurers ) ^ '^

ii6

Borrowed of Gabriel Manigault 15,500. .

For Sugars per the ship Port Henderson. . 46,217. . 18

of James Leakie on account 1556. .

of George Abbot Hall from the Custom

House 2606. . 2

Fines and Forfeitures to the State. : 581 .. 6

Payments on the Bonds and notes deliv- \

ered up by Mess". Peronneau & Dart v 8893 . . 18

late Treasurers J

Transient Duties 15. . 2

Grant of the 14th June 1775 1,000000. .

Grant of 15th November 1775 in Part 1 18365. .

from the Continental Congress 288,000 ) ^o

Dollars [ 468,ooo. .

Grant of 6th March 1776 750. .000. .

£2,450,104. . o

. 6
. 8

. 7

8

Ordered That it be referred to the Committee on the State of the
Treasury to consider and report to the House proper ways and
means of supplying the Treasury in the Recess of the House with
such monies as may be immediately wanted for the Public Service
and how the monies issued that have been counterfeited may best be
called in and the counterfeiting of money in future prevented

Ordered That the Honourable M' Justice Bee and the Honourable
M*" Heyward be added to the said Committee

The Reverend M*" Tennent reported from the Committee to whom
the Petition of Elizabeth Black was referred And he read the Report
in his Place and afterwards delivered it in at the Qerk's Table where
the same was read in the following words

That it is their Opinion that the Prayer of the Petition should be
granted And the Sum of Three Hundred and Fifty Pounds be given
the Petitioner to enable her to transport herself and Family to the
State of Pensylvania or to any other northern State in which the
Petitioner shall think the Health of her Family may be established

Resolved that the Report be taken into Consideration immediately

And the said Report being taken into Consideration accordingly
was amended and agreed to and is as followeth

That it is their Opinion That the Prayer of the Petition should
be granted And that the sum of Four Hundred Pounds Currency be
given to the Petitioner to enable her to transport her self to the

117

state of Pensylvania or to any other northern State in which she the
Petitioner shall think the Health of her Family may be established in
full and in Lieu of all Claims which she might have against the Pub-
lic of this State

The Honourable M' Lx)wndes reported from the Committee to
whom it was referred to revise the Constitution or Form of Govern-
ment and to report to the House such alterations or additions as may
be expedient to make thereto And he read the Report in his Place and
afterwards delivered it in at the Clerk's Table where the same was
read in the words following

That inasmuch as the Constitution or Form of Government agreed
to and resolved upon on the 26th Day of March last was calculated
for and suited to the then situation of Public affairs and looking for-
ward to an accommodation of Differences with Great-Britain (an
Event then desired) was Tempory only And whereas the American
States are now constituted Independent States and the Political
Connexion heretofore subsisting between them and Great-Britain is
dissolved And it therefore becomes necessary in order to perfect and
perpetuate the said Constitution or Form of Government that some
Amendments and Alterations should be made thereto your Com-
mittee therefore humbly recommend the following

1. That instead of Province or Colony the Stile hereafter be the
State of South Carolina

2. That the second Resolution of the said Constitution which
requires that the Legislative Council be elected out of the Body of
the Representatives of the People be altered and hereafter that the
Legislative Council be elected either out of the Body of Represen-
tatives or from the People at large

3 That the fourth Resolution be altered so that no vacancies here-
after happening in the General Assembly by the Election of any
member into the Legislative Council be filled up by a new election

4 Fifth That the number of the Privy Council be increased to nine
members including the Vice President four to be chosen by each
House either out of the Houses respectively or from the People at
large the Quorum to consist of Five

5 Tenth That this Resolution shall not be construed to vacate the
Seat of any member who is or may be a Delegate from this State to
the Continental Congress (as such)

6 Eleventh That when the House can possess itself of proper
information so as to estimate the particular and comparative
Strength and Property of the different Parts of this State — ^that then

ii8

the House do proceed to a Reduction of the present Representation
in the most equal and just Proportion Regard being always had to
the number of white Inhabitants and Property of the People

7 Thirteenth That the President and Commander in Chief or any
future President or Commander in Chief to be elected President at
any of the stated Elections hereafter shall not be eligible to serve in
the said Office after the Expiration of the Term of their first Elec-
tion for and during the full End and Term of six years

8 Fourteenth That in Case of the Sickness or Absence from
Charles-Town of the President and Commander in Chief the Vice-
President being impowered thereto by the President shall act in his
stead during such sickness or absence — ^agreeable to a Law passed
6th April 1776

9 Sixteenth That a Chancellor be appointed to preside in the
Court of Chancery and this Clause giving Power .to the Vice-Presi-
dent and Privy Council to exercise the Powers of a Court of Chan-
cery be annulled.

10 That the House do also appoint or direct that proper Persons
be impowered in the several Districts in this State to prove wills
grant administrations and do such other matters as are incident to a
Court of Ordinary that the People of this State may avoid the great
Expence and Trouble of coming to Charles-Town on every such
Occasion

11 That a Court of Appeals be also established in this State and
Judges appointed to consist of Seven Persons to have Cognizance
in all matters of Error That they be elected and Commissioned in
the same manner the other Judges are directed to be and liable to be
removed as prescribed in the twentieth Clause

12 Twenty-second That the Collector and the Controller of the
Country-Duties be ballotted for and appointed in the same manner
as the other officers are directed to be by the twenty second Resolve

13 Twenty-eight That all Resolutions of the Continental Congress
shall be of full Force until altered by them

14 Thirty-third That the Oath enjoined to be taken by all Persons
appointed to any Place of Trust be amended by leaving out the
words "until an accommodation of the Differences betweep Great-
Britain and America shall take Place

Your Committee further recommend That in order to avoid as
much as possible unhappy Differences and Jealousies amongst the
Inhabitants of this State with Regard to religious Principals that

119

no ministers of the Gospel or Priest of any religious Persuasion be
permitted or allowed to be a member of either House

Ordered That the Report be taken into consideration To-morrow .

It being moved and seconded That inasmuch as the fourth Qause
of an Act intitled "an Act for appointing a Public Treasurer and
other Public officers passed the 20th Day of September 1721 incapaci^
tating members of the Council or Commons House of Assembly from
being Public Treasurer Controller or Powder-Receiver is of Force
therefore the House do resolve that the Seats of the present- Treas-
urers who are members of this House are vacant

After some Debate thereon

Ordered That this matter be referred to the Committee of Privi-
leges and Elections

M*". Attorney General reported from the Committee to whom the
President's messages of the 8th and 9th Instant and the extracts of
a Letter and Resolves of the Continental Congress accompanying the
same were referred And he read the Report in his Place and after-
wards delivered it in at the Clerk's Table where the same was read
and is as foUoweth

That in order to comply with the Recommendation\of the Con-
tinental Congress to take the most speedy and effectual measures for
inlisting our Quota of Troops they are of opinion That a Bounty
of Ten Dollars over and above the Continental Bounty be given to
such non-commissioned officer and private Soldier who shall inlist
to serve during the present war in any of the South-Carolina Regi-
ments on the Continental Establishment And

That in Lieu of the Bounty formerly given to officers for Recruits
each recruiting officer be allowed besides his Pay Two dollars per
Day for each Day he shall be actually on that service

Your Committee likewise recommend That the Two Regiments
of Riflemen as soon as their present Time of inlistment is expired
shall be put upon the same Establishment with Regard to Pay
Bounty and Cloathing as the Two Regiments of Infantry

Ordered That the Report be taken into Consideration To-morrow

Ordered That Colonel Gervais M*". Williams Captain Singleton
Captain Patrick Captain Harrington Major Cattell and the Honoura-
ble M*^ Justice Mathews be added to the Committee on the Presi-
dents message accompanied by Brigadier General Howe's Letter

The House then proceeded in the Second Reading of a Bill for
establishing keeping and maintaining Three Watch Companies in
Charles-Town

120

Upon Reading the Sixth Section a motion was made to strike
out these words at the End thereof, (viz) ''and when the militia of
this State are colled out mnd do actual Duty that then the officers
and private men of the said watch Companies respectively shall he
allowed such Rations as are provided for the officers and private*
men of the said militia^'

And the Question being put

It passed in the negative

The Bill being read the Second Time

Ordered That the Bill be sent to the Legislative Council

Ordered That Major Simons and M^. Thomas Middleton Junior
do carry the Bill to the Legislative Council

M^. Pinckney reported That M*" Waring and himself had delivered
the message they had in charge to the Legislative Council

And then the House adjourned till To-morrow morning Ten of
the Clock

Tuesday the 15th Day of October 1776

The House met according to adjournment

Read the Journal of yesterday's Proceedings

William Tucker Esquire was returned as duly elected a Represen-
tative of the District of Saxe-Gk)tha

M*" Tucker attending at the Door was called in and took the Oath
prescribed by the Constitution and his Seat as a Member

The House being moved That the Order made on the 12th Instant
for postponing the Second Reading of a Bill for the better Regula-
tion of the militia of this State and for repealing all the militia Laws
and Resolves of the Provincial Congresses respecting the militia
heretofore made *'be discharged

Ordered That the said Order be discharged

Ordered That the Order of the Day to take into Consideration the
Report of the Committee to whom it was referred to revise the Con-
stitution or Form of Government and to report to the House such
alterations or additions as may be expedient to make thereto be post-
poned till To-morrow

The House then proceeded upon the other Order of the Day to
take into Consideration the Report of the Committee to whom the
President's message of the 8th and 9th Instant with the Papers
accompanying the same were referred

And the Report being taken into Consideration accordingly was
amended and agreed to by the House and is in the words following

V

121

That in order to comply with the Recommendation of the Con-
tinental Congress to take the most speedy and effectual measures for
inlisting our Quota of Troops they are of Opinion That a Bounty be
given to such non-commissioned officer and private soldier who shall
inlist to serve during the present war in any of the South-Carolina
Regiments on the Continental Establishment. And,

That in Lieu of the Bounty formerly given to officers for Recruits
oach recruiting officer be allowed besides their pay Two Dollars per
Day for each Day he shall be actually on that service

Your Committee likewise recommend That the Fifth Regiment of
this State shall immediately or as soon as may be put upon the same
Establishment with Regard to arms Pay Bounty and Cloathing as the
Two Regiments of Infantry are And that the Sixth Regiment shall
likewise be put upon the same Establishment in the like respects as
soon as the Field-Officers of the last mentioned Regiment shall agree
thereto

Message from the President by the Clerk of the Legislative Council

M*" Speaker and Gentlemen

Your message of the nth of April having been notified to the
Crown officers therein described none of them chose to leave the
Province except M"" Savage and M*" Simpson The -Council therefore
did not think it adviseable that they should be permitted to go and at
the Time of the late Invasion judged it expedient to confine all those
Persons — They are now restrained to their respective Houses — I de-
sire your advice in what manner they should be disposed of in future

I think it proper to acquaint you that mess". James Brisbane John
Champneys Henry Mickie John Tunno and James Carsan being
deemed Persons whose going at large might endanger the safety of
the Colony or the Liberties of America were by advice of the Council
ordered to be and now are confined some in George Town and others
in the Cheraws Jail

John Rutledge
15th October. 1776

Ordered That the Message be taken into Consideration To-morrow

A Bill of free and general Pardon and Amnesty was read a
Second Time

And the Question being put whether the Bill should be sent to
the Legislative Council

It passed in the negative

Resolved That the Bill be rejected

122

Resolved That this House will make Provision to defray the Ex-
pence of a way to a tempory Landing Place at Low- Water upon
M*". William Gibbes's wharf

Message to the Legislative Council
Honourable Gentlemen
On the nth Instant we sent you for your Concurrence therein a
Resolution "That the Commissioners of the Treasury as a further
Encouragement to the Commander and marines belonging to the
Vessel called the Revenge do pay and advance to the said Com-
mander and men out of the amount of the sales of the Cargo taken
from on board the transport Brigaiitine called the Glasgow Packet
One Sixth of the neat amount of sales of the said Cargo" And we
now desire to know if your Honours have concurred accordingly and
if you have, that you will please to order the same to be sent to His
Excellency for his assent

Ordered That the message be ingrossed and that M"" Speaker do
sign the same.

Ordered That the Honourable M*" Edwards and M^ DeSaussure
do carry the message to the Legislative Council

M*". Harrington reported from the Committee to revise the List
of magistrates and to report the names of Persons proper to be
added thereto and he read the Report in his Place and afterwards
delivered it in at the Clerk's Table where the same was read and is
as followeth

That they recommend the following names to be added to the List
of magistrates

For Charles-Town District
Paul Townsend Thomas Farr

John Colcock William Nisbett

Richard Mercer Charles Gaillard

William Holmes Joseph Atkinson, and

^ John Ward of St Bartholomew's Parish

For George-Town District
Benjamin Young

For Cheraw's District
Philip Pledger Robert Lide

Samuel Wise Benjamin Jackson

William Thomas Alexander M<^Intosh

Thomas Powe Ely Kershaw

Abel Kolb Daniel Dubose

123

For Camden District .

Robert Goodwin Isham Moore

Joseph Kirkland John Wylly

Abijah Rambert . John Cook

John Howe John Gabriel Guignard
Alexander Love

For Beaufort District
Richard Wa)me

For Ninety-Six District

Nicholas Eveleigh James Moore

Nathaniel Spragins William Norris

Russel Wilson Thomas Leach

Benjamin Bell Francis Cihquefield

Richard King Thomas Green

Samuel Ficklin William Moore

William Houseal Michael Dickert

For Orangeburg District

William Robinson Briton Williams

George Pellis Isaac Bush

George King Jarrad Nielson

Charles Heatley John Caldwell
Jacob Christopher Zahn

Resolved That the Report be taken into consideration imme-
diately

And the Report being taken into Consideration accordingly
Resolved That this House do agree with the Report of the Com-
mittee

Ordered That Commissioners of the Treasury do pay to Elizabeth
Black or her order the sum of Four Hundred Pounds Currency for
the Purpose mentioned in the Report of the committee to whom the
Petition of the said Elizabeth Black was referred

Resolved That if any slaves employed in the Public service shall
be killed maimed or disabled in such service this House will make
Provision to endemnify the owner of such Slave

Resolved also That all such Slaves as shall be taken sick whilst
employed in the Public Service shall be forthwith returned to their
Owners if they require it or conveyed to a proper Hospital and
there supplyed with necessary sustenance medicines and attendance
until they shall be able to return to work or be sent to their respective
Owners

124

Message from the President by the Clerk of the Legislative
Council

M*" Speaker and Gentlemen
Having applied to Brigadier;General Howe for such Returns of
the Continental Battalions lately in the Pay and service of this State
as you desire by your message of the 4th Instant He has furnished
me with those of the ist 2d 4th and 5th which I herewith lay before
you He has received no Returns of the 3** and 6th but says the former
is on Command — ^the latter is with Colonel Williamson on the Expe-
dition against the Cherokee Indians

Captain Trapier's Artillery Company consists of forty two
matrosses — I have no late Return of Captain Harden's at Beaufort
but think he has 'about Eighty

John Rutledge
15th October. 1776

Captain Roger Smith reported from the Commissioners to whom
was re-committed the Report on the State of the late Treasury and
Settlement with the then Treasurers and Powder-Receiver And he
read the Report in his Place and afterwards delivered it in at the
Clerk's Table where the same was read and is as followeth

That by th^ Books of the late Joint Public Treasurers they find
the following Balances in Favour of the Public to the 30th Day of
April 1776

£3970. . 8. . 9

1st On Account of the General ^
Duty Fund J

2d. Fund for a Pest House. . . 33>383. .17. . . .

3d. Fund for building an Ex-
change 45,892. . 16. . 6

4th Repairs of Fort

Johnson 1324. .12. . 5

5 th Fortification

Fund 26,718.. 18.. 3

6th Tax on negroes

imported 115,626. .4.-4

7th Transient Duty. 4132.. 2.. 11

8th New additional )

Duty on Flour &c j ^^^'^ ' * ^7- ; u

9th Balance of Tax

collected in 1768 a surplus

}

19,510. . 6. . .

-234,986. .18.1

125

loth Received of John

Ernest Poyas arrears of
Taxes

nth Profit on the in-
creased value of Gold and
Silver

1 2th .... Received of the
Powder Receiver

13th Received Rents

of the Cellars under the
Exchange

14th Fines and For-
feitures

15th ... .1. Received of the
Commissary General

1 6th Received of Wil-
liam Harvey Esquire Re-
ceiver of Country Ehities
at Beaufort

17th Balance of Or- 1

ders issued in 1755 for '
Defence of His Majesty's

Rights

Ditto issued in 1757
for Howarths

Regiment

Ditto — 1757 for

Fortifications ....

Ditto — 1760 for

Lyttletons Expo-

tion

Ditto issued in 1760 for Mid-

dleton's Regiment

Ditto 1762 for Cher-
okee Trade

Ditto 1767 & 1768 for

the Exchange &c

Ditto 1770 for Court

House and Jails

224. 2. 2

19,734.. 8. .4

1749. . o. . 3.

1 1,658.. 14. 4
2042. .18. . 8

1108. .17. . I
54.. 15.. 6

1901. .12. . 8

18515. .18.6

192. .10. . —

3892. .10. .

370

218. .15. . —

£2290. .

565-. ..
27,322. .10. .

34,728.. 15..

126

New lawful Bills issued in

1770 14,547.. II.. 3

Of Tax Certificates from the ^
year 1758 to 1769 both in- I 75,940. .

elusive J

160,067. .11. .3

£433,304. .16. .2

The following Balances in Favour of the Joint Public Treasurers
to the 30th April 1776
1st On Account of the Fund for

building the Court Houses ^ 37146. . 14. 11

and Jails

2^ advanced to pay the

Watch Company 19264. . 19. . i 56411 . . 14.. —

3d ... . Deficiency of the Gen-

. . . Deficiency of the Gen- "|^ ^

eral Tax collected in 1769 J ^ . . /• •

4th .... Ditto of General Tax

collected in 1771

)

2329.. 5.. 4

5th Bounty on Silk man-
ufactory 3000. .

6th Commissioners of the

Markets 5530. • ^

7th .... Bounty on Flax,

Linen & Thread 201 . . 7

8th Balance due from the

Estate of Jacob Motte \ 59,474.. 19.. 5

Esquire ,

9th .... Advanced the Vestry

and Church Wardens of \ 1500. .

St Michael's Parish

loth Advanced the Vestry

and Church Wardens of \ 4000. .

St Philips Parish

nth .... Bounty on Hemp.. . 46099. . 9. . 6

7447.. 13.. 2

127

1 2th .... Amount of monies
advanced from the ist
January 1769 to this Day
per accounts

13th Paid by order of the

Commissioners for issuing
the lawful Bills in 1770. .

14th .... Paid the Judges and
attorney General

15th Allowed for ex-
changing £40,000 of new
lawful Bills issued in 1752
& 1761 for the old J

i6th . . Burnt of the lawful
Bills in 1748

17th .... Five orders burnt
and destroyed which were
issued in 1742 for the as- f
sistance of Georgia

59751.. 10.. 9

2298. .15. .10

66954. .15- • 3

-248,811. . o. .4

. .250.

. .7604. . 10. . —

7854.

25 —

Balance in favour of the Public

320,549.. 17. 6
.112754. .18.8

^33»304..i6.2

By which there appears a Balance in Favour of the Public of One
Hundred and Twelve Thousand Seven Hundred ^d Fifty-four
Pounds Eighteen Shillings and Eight Pence Currency (exclusive
of Thirty Thousand Eight Hundred and Eighty-two Pounds Twelve
Shillings and four Pence Currency paid the Judges and attorney-
General which has been disallowed by the House) which Balance
your Commissioners have received in the following manner

533 Old lawful Bills of £20. .

1750^ 10..

1446M S--

2IIOJ4 2. .

6igi}^ 20/

4062^ 10/

5529 7/6

. . 10660.

.. 17507.

.10,

. . 7231.

• 5.

4220.

.10,

6I9I.

.10.

. . 2031 .

• 7-

.. 6

.. 2073.

■ 7-

,. 6

128

I204

2585>4
2039

30^ new lawful Bills of £20. .

50J4

17^

30%-

61

77

6/3..

376.. 5..

5/ ..

646. . 6. . 3

2/6..

254. .17. . 6

e T Tno ift n

20

615.. ..

10. . . .

502. .10. . —

5. ...

88. .15..—

2

61. .15. .-^

20/ . .

61. . . —

6/3..

24.. I.. 3 1353.. I 3

£52,546. . . .—

Which sum of Fifty-two Thousand Five Hundred and Forty Six
Pounds has been since when this State was attacked by the British
Forces burnt by order of His Excellency the President the same
being ^o torn and obliterated as to be wholly unpassable and it
being also difficult to remove it then out of Town with the other
Public money

3 new lawful Bills of £20,

4 ID.

60..

40..

4..

104. . . . —

107^ Tax Certificates of 50 53^7

5 Ditto Lyttletons Expedition of £50. . 250.. ..
12^ Ditto. ^ . .Ditto 25.. 306.. 5.. —

556

10 Middletons Regiment 20 200.

3 Ditto Howarth's Regiment 20.. 60.. .. —

4^ Ditto Ditto 10. . 47.. 10.. — 107

209^4 Ditto Exchange 20. .4185.. .. —

189^ Ditto. . . .Court Houses 10. . 1893.. 15.. —

7 Ditto — Indian Trade £10. . 70.. ..

Certificates issued by the General Assembly Con- ^

gress Bills and Bank Notes J

5..—

10. . —

18864. .12. . —

12 Bonds payable to the King. . .11693. .12. .10 £83,914. .12. . —

129

78 Notes payable to Henry Peronneau f ^ o /: o

^ ID • • T^ ^ ^ • >i7i46..i3.io 22840..6..8

and Benjamin Dart Esquires. ... 1

£112,754. .18.8
All which your Commissioners have paid into the Hands of the
Commissioners of the Treasury and taken their Receipt for the
same

Your Commissioners have also examined the accounts of the
Powder-Receiver and find that the Powder which ought to have
been in the magazine on the 8th Day of January 1776 amounts to
Thirteen Thousand Five Hundred and Thirty-seven Pounds weight
after deducting One Thousand One Hundred Pounds weight said
to be taken out of the magazine at Hobcaw by Persons unknown
charging the said Powder at Ten shillings per Pound weight

amounts to £6768. .10. . —

Deduct One Quarters Salary to the

Deputy Powder Receiver and

watch men which became due pre- J- 190..

vious to an order of the Hous/e to

discontinue the same

Paid Carpenter nlending the Door of the ) ^

magazine )

Blacksmith mending the Lock i . . 10. . — 201 . . 17. . 6

£6566. .12, . 6

Balance due to the Public by the Powder-Receiver being Six
Thousand Five Hundred and Sixty-six Pounds Twelve Shillings
and six Pence Currency — which Sum and Balance your Commission-
ers have paid into the Public Treasury in the following manner viz
By Thomas Savage and Edward Blakes Bond ) -

dated October loth 1776 on Interest for J ^

By Samuel Prioleau junior and Samuel Prio-

leau's Bond of same Date for

By Samuel Prioleau and Samuel Prioleau junioi

Boild of same date for

9— H. c.

I30

By John Gaborial and Timothy Crosbys Bond )

ofl same Date for j *

By Cash paid i 276. .12. . 6

£6566.. 12. 6

For which amount your Committee have the Commissioners of the
Treasury's Receipt herewith to produce

And then the House adjourned till To-morrow morning Ten of
the Clock

Wednesday the i6th Day of October. 1776

The House met according to adjournment

Read the Journal of yesterday^s Proceedings

Resolved That it is the Opinion of this House That the Commis-
sioners of the navy do forthwith furnish and supply Colonel Gads-
den with all the assistance of vessels and Hands in their power to
Procure to carry on the Public Work he is now about And that a
copy of this Resolution be served on the said Commissioners

M*" Neufville reported from the Committee to consider and report
to the House proper ways and means of supplying the Treasury in
the Recess of the House with such monies as may be immediately
wanted for the Public service and how the monies issued that have
been counterfeited may best be called in and the counterfeiting of the
same prevented And he read the Report in his Place and afterwards
delivered it in at the Clerk's Table where the same was read and is
as foUoweth

That One Hundred and Thirty Thousand Pounds be emitted in
Bills of One to Ten Dollars which with the Emissions of Congress
will make an even sum of Two millions And to authorize and im-
power the Commissioners of the Treasury when they shall be so
ordered to do by the President with the advice of the Privy, Council
to obtain on Loan from any Persons disposed to lend the same such
sums as the Exigencies of the State may require and to pay Interest
at the Rate of six per centum per annum

That it be recommended to all magistrates to be vigilant and
attentive in apprehending and conveying to Jail every Person who
shall counterfeit or utter knowing them to be counterfeit the Certifi-
cates issued by the late Houses of Assembly or the Continental or
Colonial Currency which hath been already or shall be hereafter

131

issued And that the Law be duly executed for punishing of this
Offence

Resolved That the Report be taken into Consideration imme-
diately

And the Report being taken into Consideration accordingly was
amended and agreed to in the following words

That it is their Opinion and they therefore recommend That One
Hundred and Thirty Thousand Pounds be emitted in Bills of Qne
to Ten Dollars which with the Emissions of Congress will make an
even Sum of Two millions And that the Commissioners of the
Treasury be authorized and impowered when they shall be so or-
dered to do by the President with the advice of the Privy Council to
obtain on Loan from any Persons or Bodies corporate disposed to
lend the same such sums as the Exigencies of the State may require
not exceeding the sum of Five Hundred Thousand Pounds Cur-
rency and to pay Interest for the same at the Rate of Six per Centum
per Annum

That a Message be sent to the President to desire that he will
issue his Proclamation ordering and requiring all magistrates to be
vigilant and attentive in causing to be apprehended and sent to Jail
for due Trial every Person who shall be accused of counterfeiting or
uttering knowing them to be counterfeit the Certificates issued by
the late Houses of assembly or the Continental or Colonial Currency
which hath been already or shall be hereafter issued

The Honourable M*" Edwards reported That M*" DeSaussure and
himself had attended the Legislative Council with the message they
had in charge

Message from the Legislative Council by their Qerk

M*" Speaker and Gentlemen

In answer to your message of yesterdays Date desiring to be
informed if this House had agreed to the Resolution of your House
of the nth Instant "That the Commissioners of the Treasury as a
further Encouragement to the Commander and the marines belong-
ing to the Vessel called the Revenge do pay and advance to the said
Commander and men out of the amount of the sales of the Cargo
taken on board the Transport Brigantine called the Glasgow Packett
One sixth of the nett amount of sales of said Cargo" we acquaint
you that this House upon considering the said Resolution thought
proper to reject the same

132

In the Legislative Council

the 1 6th Day of October 1776
By Order of the House
Thomas Shubrick Speaker

The House proceeded upon the Order of the Day to take into Con-
sideration the Report of the Committee to whom it was referred to
revise the Constitution and report what alterations or amendments
may be necessary to make thereto

And the First Paragraph of the Report being read was agreed to
by the House

The Second Paragraph of the Report being read was disagreed
to and ordered to be struck out

Upon reading the Third Paragraph a Diebate arose

And a motion being made That the number of members of the
Legislative Council be increased to Twenty-one

The Question was put

And it passed in the negative

Another motion was made That the number of members of the
Legislative Council be increased to seventeen

And the Question being put

Tt also passed in the negative

A Motion was then made That the Paragraph be altered by strik-
ing out the word ''4th'' and inserting in its stead the word "^(/'^ and
also by striking out the words "so that no vacancies hereafter hap-
pening in the General Assembly by the Election of any member into
the Legislative Council be filled up by a new Election" and inserting
instead thereof the words "and that each Parish and District through-
out the State shall elect One member of the Legislative Council"

And the Question being put

Resolved in the Affirmative

An Adjournment of the House being then moved for and seconded

The Question was put

And it was Resolved in the affirmative

Ordered That the further Consideration of the Report on the
Constitution be resumed To-morrow

And then the House adjourned till To-morrow morning nine of
the Clock

133

Thursday the 17th Day of October 1776

The House met according to adjournment

Read the Journal of yesterday's Proceedings

The House proceeded to a Third Reading of a Bill for maintain-
ing and keeping Three Watch Companies in Charles-Town

It appearing that the Legislative Council had made several Altera-
tions and inserted several Amendments in this Bill and it being a
money Bill

Ordered That the Clerk of this House do rase all such altera-
tions and amendments as appear to have been made by the Legisla-
tive Council and restore the Bill to the same State in which it was
sent from this House

Which being done accordingly

The Honourable M^. Hey ward moved the House for Leave to
bring in some additional Qauses to the Bill And the same being
received were severally read Three Times agreed to by the House
and ordered to be made Parts of the Bill

And the Bill being read a Third Time

Resolved That the Bill do pass and that the Title be "an Act"

Ordered That M^ Joshua Toomer and M*" Legare do carry the
Bill to the Legislative Council for their Concurrence

M*" Toomer reported that M*" Legare and himself had delivered
the Bill they had in charge to the Legislative Council

The House then resumed according to the Order of the Day the
Consideration of the Report of the Committee to whom it was
referred to revise the Constitution and report what Alterations or
amendments may be necessary to make thereto

And the Fourth Paragraph of the said Report being read was
unanimously agreed to by the House

The Fifth Paragraph being read was also agreed to

Upon reading the Sixth Paragraph

A Debate arose

And a motion being made and the Question put that the said
Paragraph be amended by inserting the word "taxable*^ between
"and" and "Property"

Resolved in the Affirmative

The said Paragraph being read throughout as amended

A Motion was made and the Question put That the House do
agree to the Paragraph as it now stands

Whereupon the House divided

And the nays went forth

134

Teller for the noes Colonel Gadsden — ^30

Teller for the years Honourable M*' Bee — 30

So M*' Speaker decided by voting with the yeas

The Seventh Paragraph being read was unanimously zgrted to

The Eighth Paragraph being read was also agreed to by the
House

Upon reading the First Clause of the ninth Paragraph for appoint-
ing a chancellor

A Debate arose

And the Question being put to agree with that Clause

Resolved in the affirmative

The Second and Third Qauses of the said Paragraph being read
were severally agreed to

The Tenth Eleventh and Twelfth Paragraphs were then read and
severally unanimously agreed to by the House

Upon reading the Thirteenth and last Paragraph

A Debate ensued

After sometime spent therein

The Question being put on a motion to agree with that Part of
the Report

It passed in the negative

Ordered That the Preamble to the Report be taken into Consider-
ation To-morrow morning

Message from the President by the Qerk of the Legislative
Council

M*" Speaker and Gentlemen

I send you a Letter which I received from Colonel Moultrie
with a List of men in the Second Regiment who have been disabled
in the service of this State and doubt not that you will make suit-
able Provision for them

John Rutledge
17th October. 1776

Message from the President by the Clerk of the Legislative
Council

M' Speaker and Gentlemen

In the month of April I was informed by Lieutenant Colonel
Sumpter that imaging M*". Richbourg a Lieutenant in Captain Rich-
ardson's Company had been promoted to the command of it when
he resigned his Commission (as M' Richardson assured them he
would be) he sent Richbourg on the recruiting service who soon
raised a considerable number of men with which he was about to

135

join the Regiment when he was told (which Colonel Sumpter did
not know till a short Time before) that M** Blessingham had been
appointed captain instead of Richardson

Having laid this matter before the Council they were of opinion
that the number of companies in the Regiment being fixed by Con-
gress could not be increased but by the Legislative Authority — It
was evident however that discharging these men would have been
injurious to the country — ^They were therefore formed into an Inde-
pendent Company as the only Expedient for keeping them together
but have hitherto done Duty with the sixth Regiment

It would save considerable Expence to the Public and appears to
me expedient to add this Company to that Regiment and the Two
independent Companies of Artillery at Beaufort and George-Town
to the Forth Regiment I therefore recommend this Subject to your
Consideration

John Rutledge
17th October. 1776
The Clerk of the Legislative Council brought from that House a
Bill for maintaining and keeping Three Watch Companies in
Charles-Town read a Third Time in that House
Ordered That the Bill be ingrossed

And then the House adjourned till-To-morrow morning nine of
the Qock

Friday the i8th Day of October. 1776

The House met according to adjournment

Read the Journal of yesterday's Proceedings

Ordered That Captain Trapier and M*^. Keating Simons do with
some member of the Legislative Council examine and compare with
the originals an ingrossed ordinance for allowing and keeping in
Repair a Pilot Boat to attend the Bar and Harbour of Beaufort and
for settling and regulating the Pilotage of the said Harbour And
an ingrossed act for establishing and keeping Three Watch Com-
panies in Charles-Town

Captain Trapier reported That the Ordinance and Act they had in
Charge had been examined and compared according to order and
were found truly ingrossed

Ordered That Captain Trapier and M^. Simons do wait on the
President to desire that the seal may be affixed to the said Ordin-
ance and Act and to know when His Excellency will please to
receive this House to present the same for his assent

136

The House then proceeded on the order of the Day to consider
the Preamble to the Report of the Committee that were appointed to
revise the constitution and r.eport such alterations or amendments
as might be necessary to make thereto

And the said Preamble being read was agreed to by the House

And the Report as amended by the House and agreed to is as
followeth

That inasmuch as the Constitution or Form of Government agreed
to and resolved upon on the 26th Day of March last was calculated
for and suited to then Situation of Public affairs and looking for-
ward to an Accommodation of Differences with Great-Britain (an
event then desired) was Temporary only And whereas the Ameri-
can States are now constituted Independent States and the political
connexion heretofore subsisting between them and Great- Britain
dissolved and it therefore becomes necessary in order to render
more perfect and to perpetuate the said Constitution and Form of
Government that some Amendments should be made thereto your
Committee therefore humbly recommend the following

I That instead of Province or Colony the Stile hereafter be the
State of South-Carolina

ir That the Second Article of the Constitution be altered And
that each Parish and District throughout this State shall elect One
member of the Legislative Council

HI That the number of the Privy Council mentioned in the Fifth
Article of the Constitution be increased to nine members including
the Vice President Four to be chosen by each House either out of
the Houses respectively or from the People at large The Quorum
to consist of Five

IV That the Tenth Article of the Constitution shall not be con-
strued to vacate the seat of any member who is or may be a Delegate
from this State to the Continental Congress as such

V That when the House can possess itself of proper Information
so as to estimate the particular and comparative strength and tax-
able Property of the Different Parts of the State that then the
House do proceed to a Reduction of the present Representation in
the most equal and just Proportion Regard being always had to the
number of white Inhabitants and taxable Property of the People

VI. That no future President or Commander in Chief that shall
serve for Two years shall be eligible to serve in the said Office after
the Expiration of the said Term until the full End and Term of
six years

137

VII. That in Case of the sickness or absence from Charles-Town
of the President and Commander in Chief the Vice-President being
impowered thereto by the President shall act in his stead during
such Sickness or absence agreeable to the Law passed the 6th of
April last

VIII. That a Chancellor be appointed to preside in the Court of
Chancery And that the Sixteenth Article of the Constitution giving
Power to the Vice President and Privy Council to exercise the
Powers of a Court of Chancery be annulled -That the House do also
appoint or direct that proper Persons be impowered in the several
Districts in this State to prove wills grant administrations and do
such other matters as are incident to a Court of Ordinary that the
People of this State may avoid the great Expence and Trouble of
coming to Charles Town on every such Occasion That a Court of
Appeals be also established in this State and Judges appointed to
consist of not less than Five Persons to have cognizance in all mat-
ters of Error That they be elected and commissioned in the same
manner the other Judges are directed to be and liable to be removed
as in the Twentieth Qause

IX. That the Collectors and Controllers of Country Duties be
ballotted for and appointed in the same manner as the other Officers
are directed to be by the Twenty Second Article of the Constitution

X. That all Resolutions of the Continental Congress shall be of
full Force until altered by them

XL That the Oath enjoined to be taken by all Persons appointed
to any Place of Trust be amended by leaving out the words "until
an Accommodation of the Differences "between Great-Britain and
America shall take place"

Ordered That the said Report as agreed to by the House be forth-
with printed

The House being moved for Leave to bring in a Bill to comprise
all the Alterations and Amendments recommended in the said
Report

Ordered That Leave be given to bring in such a Bill And that the
same Committee who made the Report do prepare and bring in the
same

Ordered That the President's two messages of Yesterday be
referred to a Committee

And they are referred to the Honourable M^ Hey ward Major
Huger and Major Simons

138

A Bill to impower the Court of Admiralty to have Jurisdiction in
all Cases of Capture of the ships and other Vessels of the Inhab-
itants and Subjects of Great-Britain to establish the Trial by Jury
in the said Court in Cases of Capture and for the other Purposes
therein mentioned" was read a Third Time

Resolved That the Bill do pass and that the Title be "an Act"

Ordered That M*^ Verree and M'". Macpherson do carry the Bill
to the Legislative Council for their Concurrence

Message from the President by the Clerk of the Legislative
Council ,

M*" Speaker and Gentlemen

I send you a Letter just received by Express from Colonel
Williamson and congratulate you most heartily upon the success of
our Arms and those of North-Carolina against the Cherokee Indians

If Time will admit your considering what steps should be taken
for the Defence and Security of the Back Settlements agamst Indian
Incursions I shall be glad of your Advice on that Subject — if not I
will (with your approbation) give Orders for ^uch as shall appear
most effectual for that Purpose

John Rutledge
1 8th October. 1776

Read the Letter referred to in the above message — [which was
immediately after the Reading thereof returned to His Excellency
the President and therefore could not be entered in this Place]

Message from the President by the Clerk of the Legislative
Council

M*" Speaker

His Excellency the President is now in the Council-Chamber
ready to receive this House with the Bill and Ordinance they haye
to present

And then the Messenger withdrew

M*" Speaker with the House accordingly attended the President
in the Council Chamber

And being returned

M*' Speaker reported That this House having attended the Presi-
dent in the Council Chamber he had presented to His Excellency

An Ordinance for allowing and keeping in Repair a Pilot-Boat
to attend the Bar and Harbour of Beaufort and for settling and
regulating the Pilotage of the said Harbour And also

An Act for establishing and keeping Three Watch Companies in
Charles Town

139

To both of which he had been pleased to give his assent

A Petition of Thomas Lamar was presented to the House and
read in the words following

That the Petitioner has undertaken to act in the capacity of Post
Rider from the Upper Parts of Savannah River near Augusta to
Charles-Town since the 28th of June last That he has been down
seven Times since and always brought Dispatches from the Com-
missioner of Indian Affairs and other Gentlemen to the President
on Public Service. —

That the Petitioner has waited in Charles-Town for His Excel-
lency's Answers by which means he has been detained for some
Days at a great Expence and has never received any Consideration
for such Services

That the Petitioner is willing to engage for a moderate Compen-
sation to continue to ride twice in every month and to carry all
Dispatches on the service of the State

The Petitioner prays for an allowance for his past Services or a
fixed sum by the year as to the Honourable House shall seem
meet &c

Ordered That the Petition be referred to a Committee

And it is. referred to the Honourable M'. Edwards Colonel Ger-
vais and M^ Gibbes

A Petition of Quintin Pooler was presented to the House and read.

Ordered That the Petition do lie on the Table

The Honourable M^ Heyward reported from the Committee to
whom were referred the Presidents Two Messages of yesterday's
Date And he read the Report in his Place and afterwards delivered
it in at the Qerk's Table where the same was read and is as fol-
loweth

That it is their Opinion Captain Richbourg's Independent Com-
pany should be added to the Sixth Regiment And that the Artillery
Company at George-Town be augmented to One Hundred men and
added together with the Artillery Company at Beaufort to the
Fourth Regiment

That the Third and Fourth Regiments be augmented to Six Hun-
dred men each and that a Colonel be appointed to each of the said
Regiments

That Serjeant John Young of Captain McDonald's Company who
lost his right Leg in the Engagement on SulHvant's Island the 28th
of June be allowed ninety Pounds per Annum to be paid Quarterly

I40

That George Mason of Captain Francis Huger's Company who
lost his Leg in the said Engagement be allowed Eighty Pounds per
annum to be paid Quarterly

That James Sims of Captain Harleston's Company who lost his
right Leg in the service of this State be allowed Fifty Pounds per
annum to be paid Quarterly

That Robert Wade of Captain Motte's Company who was
wounded in his right arm by a shell in the aforesaid Engagement
which has rendered it intirely useless be allowed Fifty Pounds per
annum to be paid Quarterly

That Thomas Smith of Captain John Blakes Company who lost
the two middle Fingers of his right Hand in the aforesaid Engage-
ment be allowed Twenty Pounds per annum to be paid Quarterly

And that there be immediately advanced to each of the said Per-
sons the first Quarterley Payment of his annuity

Resolved That the Report be taken into Consideration imme-
diately

And the same being taken into Consideration, accordingly

Resolved That this House do agree with the Report of the Com-
mittee

Ordered That Major Simons M^. Cannon and M^ Toomer be a
Committee to receive the names of Candidates for the Command of
the Three Watch Companies to be raised for Charles-Town That
they do sit this afternoon And that they give Public notice thereof

Upon Motion

Resolved That a messagie be sent to His Excellency the President
to desire that he will write to our Delegates at the Continental Con-
gress and state to them our particular Circumstances and the great
difficulty we have in recruiting our Quota of men within the State

That in order to comply with the Recommendation of the Conti-
nental Congress to take the most speedy and eflfectual means to
recruit our Quota of men we had voted Ten Dollars additional
Bounty over and above the Continental Bounty to every Recruit
who should inlist in either of our Regiments on the Continental
Establishment to serve during the war besides Cloathing to the
value of Twenty-five Pounds Currency annually But that we had
received accounts from Captain Adam M*=Donald one of our recruit-
ing officers that he had been absolutely forbid to recruit in the States
of Virginia and North-Carolina by the supreme authority in those
States That such Prohibition will entirely disable us from completing
our Regiments to the full Establishment will be prejudicial to this

141

State in particular and the Continent in general as it will incapac-
itate us from affording that assistance to our sister States that we
desire to give and lay us under the necessity of requiring of them
greater assistance should we be again attacked than we should other-
wise have Occasion for And that our Delegates do use such means
as to them shall seem proper to get the said Prohibition withdrawn

Colonel Pinckney moved the House for Leave to bring in an
Ordinance for appointing Commissioners to stamp and sign One
Hundred and Thirty Thousand Pounds Currency in Dollars and
for impowering the President and Commander in Chief for the Time
being with the advice of the Privy Council to borrow on Loan any
sum or sums not exceeding Five Hundred Thousand Pounds cur-
rency at the Rate of Six Pounds per Centum per Annum

Ordered That Leave be given to bring in such a Bill

And then the House adjourned until Five of the Clock in the
afternoon

5 O'clock P. M

The House met according to Adjournment

Major Simons reported from the Committee to receive the names
of Candidates for Captains of the Three Watch Companies And he
read the List of Candidates in his Race and afterwards delivered it
in at the clerk's Table where the same was read

Ordered That the said List be affixed to the wainscot for the
Perusal of the members

A Message being sent to the Legislative Council to desire the
attendance of its members in the General assembly in order to ballot
jointly with the members of this House for the Captains of the Three
Watch Companies

Their Honours attended accordingly

The Members of both Houses then proceeded to ballot for the
said Three Captains

And the Ballots being reckoned

M^ Speaker reported that John M^^Call Junior and John Brewton
Esquires having the votes of a majority of the Members present
were duly elected captains of Two of the said Companies

The Members of both Houses then proceeded to vote for a Cap-
tain of the Third Watch Company

And the Ballots being cast up

M^ Speaker reported That John Lining Esquire was duly elected
Captain of the Third Watch Company

142

The Honourable M^ Edwards reported from the Committee to
whom the Petition of Thomas Lamar was referred And he read the
Report in his Place and afterwards delivered it in at the Qerk's
Table where the same was read and is as foUoweth

That in the Opinion of the Committee it will be very beneficial to
the Public Service at this Juncture to encourage a Post Rider from
the upper Parts of Savannah-River as by that means Intelligence
will be frequently received of the Disposition of the Creek Nation
and Dispatches for Ninety-Six and Colonel Williamson may be
regularly conveyed from Colonel Hammond's where the Petitioner
will carry them from Charles-Town The Committee recommend that
upon his engaging to go twice in every month from this Day to the
28th June 1777 he shall be allowed Three Hundred Pounds Cur-
rency for his services

Ordered That the Report be taken into Consideration To-morrow

Colonel Pinckney according to Order presented to the House an
Ordinance for appointing Commissioners to stamp and sign One
Hundred and Thirty Thousand Pounds Currency in Dollars and
for impowering the President and Commander in Chief for the
Time being with the advice of the Privy Council to borrow on Loan
any Sum or Sums not exceeding Five Hundred Thousand Pounds
Currency at the Rate of Six Pounds like money per Centum per
annum And the same was received and read the First Time

Ordered That the Ordinance be read a Second Time

And the same being read accordingly

Ordered That the Ordinance be sent to the Legislative Council

Ordered That Captain Roger Smith and Colonel Pinckney do
carry the Ordinance to the Legislative Council

Major Cattell reported from the Committee to whom the Peti-
tion of Philip Will was referred And he read the Report in his
Place and afterwards delivered it in at Clerk's Table where the same
was read and is as foUoweth

That the Committee are of Opinion that the Barrack-Master of
Charles-Town should be allowed by this State the Sum. of Six
Hundred Pounds for the services of that officer or appointment from
the 5th Day of March last until the present Time and also in future
the annual sum of One Thousand Pounds to be paid him yearly
from such Time as this House shall allow the same in Recompence
for the future Services of that Office and all such Deputies as he
shall employ in the same

143

Resolved That the Report be taken into immediate Consideration
And the same being taken into Consideration accordingly was
amended and agreed to in the words following

That the Committee are of Opinion that the Barrack-Master of
Charles-Town should be allowed by this State at the Rate of One
Thousand Pounds Currency per Annum from the 5th Day of March
last to be paid him in equal moieties half yearly

The Clerk of the Legislative Council brought from that House
an Ordinance for appointing Commissioners to stamp and sign One
Hundred and Thirty Thousand Pounds Currency in Dollars and for
impowering the President and Commander in Chief for the Time
being with the Advice of the Privy Council to borrow on Loan any
sum or sums not exceeding Five Hundred Thousand Pounds Cur-
rency at the Rate of Six Pounds like money per centum per annum —
Read Twice in that House

Ordered That the Ordinance be read a Third Time

And the same being read accordingly

Resolved That the Ordinance do pass

Ordered That the Ordinance be sent to the Legislative Council for
their Concurrence and that Colonel Pinckney and M^ Ralph Izard
do carry the same •

Resolved That the Commissioners of the Treasury do advance and
pay to the Commissioners for the High-Roads on Charles-Town
neck or any of them the arrears due for repairing the said Roads
amounting to Three Hundred and Fifty Pounds to be hereafter
assessed upon the Inhabitants of Charles-Town

The House then took under Consideration the President's mes-
sage of the 15th Instant relative to the Crown Officers and certain
Persons confined in George Town and Cheraws Jails

And came to the following Resolution upon the first Parts thereof
(to wit)

That such of the Crown Officers as choose to depart the State
may be conveyed to Europe or the West Indies at the Public Ex-
pence And that such others of them as decline going shall be
allowed such Liberty as the President and Privy Council may think
not inconsistent with the safety of the State

Ordered That the Consideration of the Latter Part of the said
Message be postponed till To-morrow

And then the House adjourned till To-morrow morning nine of
the Qock.

144

Saturday the 19th Day of October 1776

The House met according to Adjournment

Read the Journals of Yesterday's Proceedings

Message to the President

May it please your Excellency
This House have resolved to make Provision for defraying the
Expence of repairing the Public Buildings and desire that your
Excellency will give Orders that they may be repaired accordingly

Ordered That the Message be ingrossed and that M^. Speaker do
sign the same

Message to the President

May it please your Excellency

This House being informed that Captain Adam M*^Donald had
been absolutely forbid to recruit in the States of Virginia and North
Carolina by the Supreme Authority in those States we request that
your Excellency will be pleased to write to our Delegates at the
Continental Congress and state to them our particular circumstances
and the great Difficulty we have in recruiting our Quota of men
within this State That in order to comply with the Recommenda-
tion of the Continental Congress to take the most speedy and
effectual means to recruit our Quota of men we had voted Ten Dol-
lars additional Bounty over and above the Continental Bounty to
every Recruit who should inlist in either of our Regiments on the
Continental Establishment to serve during the war besides Cloathing
to the value of Twenty five Pounds Currency annually But that we
had received Accounts from Captain Adam McDonald one of our
recruiting officers that he had been absolutely forbid to recruit in the
States of Virginia and North CaroUna by the supreme Authority
in those States That such Prohibition will intirely disable us from
completing our Regiments to the full Establishment will be preju-
dicial to this State in particular and the Continent in General as it
will incapacitate us from affording that assistance to our Sister
States that we desire to give and lay us under the necessity of
requiring of them greater assistance should we be again attacked
than we should otherwise have occasion for And that our Delegates
do use such means as to them shall seem proper to get the said
Prohibition withdrawn

Ordered That the message be ingrossed and that M^ Speaker
do sign the same

145

Message to the President

May it please your Excellency
This House being informed That the Trade of this Place is
subject to many Inconveniences by the Delay attending Vessels
being obliged to call at Fort Johnson and Fort Moultrie both in
going out and coming in request your Excellency will give Orders
that in future Vessels coming in may only be obliged to call at Fort
Moultrie and going out at Fort Johnson and may be allowed to pass
by some proper signal from the Fort they first pass

Ordered That the Message be ingrossed and that M' Speaker do
sign the same

Ordered That M** Ladson and M*" Young do attend the President
with the three foregoing messages

The Clerk of the Legislative Council brought from that House
an Ordinance for appointing Commissioners to stamp and sign One
Hundred & Thirty Thousand Pounds Currency in Dollars and for
impowering the President and Commander in Chief for the Time
being with the Advice of the Privy Council to borrow on Loan any
Sum or Sums not exceeding Five Hundred Thousand Pounds Cur-
rency at the Rate of Six Pounds like money per Centum per An-
num — Read a Third Time in that House

Ordered That the Ordinance be ingrossed

Ordered That the Honourable M' Heyward and M*' Ladson do
with a Member of the Legislative Council examine and compare the
Ordinance with the original Draught

The Honourable M^ Heyward reported that M*". Ladson and him-
self with a member of the Legislative Council had examined and
compared the Ordinance and that they found the same truly
ingrossed

Ordered that M^ Ladson and M^ Young do attend the President
with the said ingrossed Ordinance in order to have the Seal affixed
thereto and to desire to know when His Excellency will receive this
House to present the same for his assent

M^ Ladson reported That M*" Young and himself having attended
the President with the Ordinance and the Three several messages
they had in Charge His Excellency was pleased to say he would
acquaint the House when he should be ready to receive them to
present the Ordinance and that he would issue the necessary Orders
requested in the several messages

Resolved That a Reward of Five Hundred Pounds Currency be
offered to Informers for every Person they shall inform against for

10— H. c.

146

counterfeiting or uttering knowing them to be counterfeit the Cer-
tificates issued by the late Houses of Assembly or the Continental
or Colonial Currency which already hath been or hereafter shall be
issued to be paid upon Conviction of such Offenders And that this
House will provide for the Payment of such Rewards

Message to the President

May it please your Excellency

This House request that your Excellency will be pleased to
issue your Proclamation ordering and requiring all magistrates to
be vigilant and attentive in causing to be apprehended and conveyed
to Jail for due Trial every Person who shall be accused of coun-
terfeiting or uttering knowing them to be counterfeit the Certificates
issued by the late Houses of Assembly or the Continental or colonial
currency which hath been already or shall be hereafter issued And
promising a Reward of Five Hundred Pounds to Informers against
such Offenders for every Person they shall inform against upon
Conviction of the offender for the Payment of which Reward this
House will provide

Ordered That the message be ingrossed and that M*" Speaker do
sign the same

Message from the President by the Clerk of the Legislative
Council

M*- Speaker

His Excellency the President is now in the Council Chamber
ready to receive this House with the Ordinance they have to present

And then the messenger withdrew

M*" Speaker with the House accordingly attended the President
in the Council Chamber

And being returned

M*" Speaker reported That this House having attended the Presi-
dent in the Council Chamber he had presented to His Excellency

An Ordinance for appointing commissioners to stampt and sign
One Hundred and Thirty Thousand Pounds Currency in Dollars
and for impowering the President and commander in Chief for the
Time being with the advice of the Privy Council to borrow on Loan
any sum or sums not exceeding Five Hundred Thousand Pounds
Currency at the Rate of six Pounds like money per centum per
annum

To which His Excellency has been pleased to give his Assent

Col^ Pinckney reported from the Committee to whom the Presi-
dent's message of the 8th Instant with Brigadier General Howe's

147

Letter were referred And he read the Report in his Place and after-
wards delivered it in at the Clerk's Table where the same was read
and is as followeth

That in the Opinion of the Committee the State is obliged to
General Howe for his attention to its Defence and that although
it has not been in their Power to examine every particular Place
where it may* be necessary to erect Fortifications yet they think it
qvident that some other works on Sullivant's Island and Haddrel's
Point are absolutely necessary The Committee likewise think that
the Casing the Brick Work at Fort Johnson with Palmetas is proper
They also warmly recommend the speedy procuring arming and
manning some Row-Gallies as a measure of very great Importance
In a Country so extensive as Ours it is impossible for the Committee
to point out every Part where it may be necessary to erect works of
Defence And they are of opinion the Public Service will be best
profnoted by giving the Executive Power the sanction and support
of this House for the Execution of every measure necessary for the
Security and Defence of this State and that the House do come to a
Resolution for that Purpose

The Committee likewise recommend the procuring of some wag-
gons and beg Leave to mention that Major Simons has offered his
services in getting some from Philadelphia which he will deliver
here at the original cost

The Committee are also of opinion that the Cattle and stock should
be removed from Bull's Island Caper's Island Kayawah Island the
Hunting- Islands Dawfuskee Island and South Island

The Committee likewise recommend That six Battalions of
minute-men of Five Hundred Rank and File each should be raised
for the Defence of this State and that each Battalion should be
divided into Ten Companies and officered by a Lieutenant-Colonel
Major Ten Captains Ten Lieutenants Ten Ensigns an adjutant and
a Quarter master

The Committee cannot conclude their Report without desiring that
it may be recommended to the President to use every means in his
Power to procure us a Quantity of ammunition and a number of
good muskets with Bayonets and Iron Ramrods large Cannon some
light Field Pieces and a few mortars and Hawitzes with shells

Resolved That the Report be taken into immediate Consideration

The Report was taken into Consideration accordingly

And the first Paragraph thereof being read was agreed to by the
House

148

The second Paragraph being read was after some Debate ordered
to be struck out.

The Third Paragraph being read and amended

A Debate ensued

And the Question being put that the House do agree thereto as
amended

Resolved in the affirmative

The fourth Paragraph being read was amended and agreed to

The Fifth Paragraph being read was also agreed to by the House

A Motion was then made and seconded that another Paragraph
be added to the said Report

Which being agreed to •

The following was accordingly added viz

The Committee recommend That His Excellency be desired to give
Directions to the Attorney General to prosecute all such Commis-
sicMiers of the High-Roads and keepers of Public Ferries in this
State as neglect their Duty

And the Paragraph being agreed to

The Report as amended and agreed to by the House is as fol-
loweth

That in the Opinion of the Committee the State is obliged to
General Howe for his attention to its Defence and that although it
has not been in their Power to examine every particular Place where
it may be necessary to erect Fortifications yet they think it evident
that some other works on SuUivant's Island and Haddrels Point
are absolutely necessary The Committee likewise think that the
Casing the Brick Work at Fort Johnson is proper

They also warmly recommend the speedy procuring arming and
manning some Row-Gallies as a measure of very great Importance
In a country so extensive as ours it is impossible for the Committee
to point every Part where it may be necessary to erect works of
Defence And they are of Opinion the Public service will be best
promoted by giving the Executive Power the Sanction and Suport
of this House for the Execution of every measure necessary for the
security and Defence of the State and that the House do come to a
Resolution to that Purpose

The Committee are of opinion That the Cattle and stock should
be removed from Bull's Island Caper's's Island Kayawah Island
the Hunting Islands Dawfuskee Island Pinckney's Island Carlton
Island South Island Cole's Island Folly Island and Murphy's
Island

149

The Committee likewise recommend That Leave be given to bring
in a Bill for establishing six Battalions of minute men of Five
Hundred Rank and File each to be raised for the Defence of this
State and that each Battalion should be divided into Ten Com-
panies and officered by a Colonel Lieutenant-Colonel Major Ten Cap-
tains Ten Lieutenants Ten Ensigns an adjutant and a Quarter
master

The Committee cannot conclude their Report without desiring
that it may be recommended to the President to use every means in
his Power to procure us a Quantity of Ammunition and a' number
of muskets with Bayonets and Iron Ramrods large cannon some
light Field Peices and a few mortars and Hawitzers with shells

The Committee recommend That His Excellency be desired to
give Directions to the Attorney-General to prosecute all such Com-
missioners of the High-Roads and keepers of Public Ferries in this
State as neglect their Duty

Ordered That a message be prepared to be sent with a copy of
the foregoing Report to the President also in Answer to His
Excellency's message of the i8th Instant with Colonel William-
son's Letter and also to acquaint His Excellency of the Election of
the Captains for the Three Watch Companies in Charles-Town

The following message was accordingly prepared viz

May it please your Excellency

In Answer to your Excellency's Message of the i8th Instant
accompanied with a Letter from Brigadier General Howe to your
Excellency and also to your Excellency's message of the i8th Instant
with Colonel Williamson's Letter we acquaint your Excellency that
the House referred the former message and Letter to the considera-
tion of a committee a copy of whose Report thereupon as agreed to
by the House we herewith send you And as to the Letter the House
have not now Time to consider what steps should be taken for the
Security and Defence of the Back Settlers against Indian Incursions
therefore desire That your Excellency will with the advice of the
Privy Council give Orders for such as shall appear most effectual
for that Purpose and that your Excellency may remain assured of the
sanction and support of this House in every measure necessary for
the Security and Defence of the State

We also think it proper to acquaint your Excellency that the Leg-
islative Council and this House jointly have voted John M*^Call John
Brewton and John Lining Esquires proper Persons to be commis-
sioned as captains of the Watch Companies in Charles Town and

ISO

request that your Excellency will give Commissions accordingly

Ordered That the message be ingrossed and that M' Speaker do
sign the same

Resolved Unanimously That the Thanks of this House be returned
to Colonel Andrew Williamson and the officers and men under his
Command employed in the late Expedition against the Cherokee
Indians for their spirited Conduct and Service to the State upon that
Expedition And that M*" Speaker do forward the same

Message to the President

May it please your Excellency
Your Excellency's messages of the 17th Instant having been
referred to a Cominittee they made a Report thereon to which the
House agreed a copy of which Report we herewith send your Ex-
cellency

Ordered That the message be ingrossed and that M^ Speaker do
sign the same

Ordered That Colonel Pinckney and Captain Roger Smith do
carry the said message and the two preceeding ones to the President

The House then proceeded according to the Order of the Day to
consider the latter Part of the President's message of the 15th
Instant

And the same having been considered accordingly

Resolved That such of the several Persons mentioned in the Pres-
idents message of the 15th Instant to be in the Jails at George Town
and the Cheraws and also such of those confined in Charles Town
Jail on suspicion of being inimical to this Country as shall take the
Oath of Fidelity to this State shall be forthwith discharged That
such of them as choose to go off the State may be sent off at the
Expence of the Public And that such others of them as decline going
shall be allowed such Liberty as the President and Privy Council
may think not inconsistent with the safety of the State

Ordered That a Copy of the above Resolve and also of the Resolve
of this House of yesterdays relative to the late Crown Officers be
sent to the President

Upon Motion

Ordered That a message be prepared to be sent to the President
desiring that His Excellency will recall all the Militia Commissions
given by the late Governors and grant new ones to the officers hold-
ing such preserving to them the Rank according to the Dates of such
old Commissions

151

Message to the President

May it please your Excellency

This House having taken into Consideration your Excellency's
message of the 15th Instant with Respect to the crown officers and
other Persons therein mentioned to be confined came to several Reso-
lutions thereupon copies whereof we herewith send your Excellency

And it being represented to us that several of the Militia Officers
have no other Commissions than those granted by the late Governors
under which it will be highly improper for them to act We therefore
desire your Excellency will recall the old and grant new Commis-
sions to such officers preserving to them their Rank according to the
Dates of the old Commissions

Ordered That the Message be ingrossed and that M^ Speaker do
sign the same

Ordered That Colonel Garden and M^ John Berwick do carry the
message to the President

Colonel Pinckney reported That Captain Smith and himself had
delivered the Three messages they had in Charge to the President

The Reverend M*" Tennent reported from the Committee to ex-
amine into the State of the Jail and the Treatment of the Prisoners
of war And he read the Report in his Place and afterwards delivered
it at the Clerk's Table where the same was road and is as followeth

That they had attended at the Jail and made what Inquiry they
could They found that the Roof of the Jail is so deficient that the
Inhabitants of it are thereby much exposed They also found that
through want of proper Apartments and other Inconviences the Pris-
oners of War are exposed to a Treatment which if continued will not
be reputable to this state. They therefore beg Leave to recommend
that Leave be given to bring in an Ordinance to establish a Board of
Commissioners to consist of Five members to superintend the repair-
ing and keeping in Repair the Jail in Charles Town as also to super-
intend from Time to Time and examine into the Treatment of Pris-
oners and to order such Things with Respect to the Premises as may
be reasonable and reputable to the Justice and Humanity of this
State

Resolved That the Report be taken into Consideration immediately

And the same being considered accordingly and agreed to by the
House

Ordered That Leave be given to bring in an Ordinance for the
Purposes recommended in the Report

152

Colonel Garden reported That M^. Berwick and himself had deliv-
ered the message they had in Charge to the President

It appearing to the House that the late Commander and mariners
of the Armed Vessel called the Reyenge had received no more than
Two Sixth Parts of the nett Amount of Sales of the Cargo taken by
them on board the Transport Brigantine Glasgow Packet and that
the other Four Sixth Parts had been paid into the Treasury as the
share of the State

Resolved That the Commissioners of the Treasury do advance and
pay to Captain Pickering late Commander and the mariners late
belonging to the said armed Vessel One Sixth Part of the Four
Sixths of the net amount of the said Sales so paid into the Treasury
as a further Encouragement for their Gallant Behaviour in the
taking the said Brigantine Glasgow Packet.

Resolved That the Sum of Two Thousand Pounds be allowed and
paid out of the Public Treasury to Thomas Farr Esquire Paymaster
to the militia for his past services in that office and as acting Com-
missary and for auditing the militia accounts from the First Day of
November last And that this House will make proper and adequate
Provision for his future services

M*" John Vinyard one of the Messengers having laid before the
House an Recount ambunting to Fifty-two Pounds Currency which
he had been obliged to advance to special messengers sent by Order
pf the House to members who had refused to pay the same

Ordered That the Commissioners of the Treasury, do pay to and
reimburse M*". John Vinyard one of the Messengers of this House
the Sum of Fifty-two Pounds Currency by him advanced for carry-
ing Letters to members by order of the House

Upon Motion

Resolved That this House will make such Provision for the sur-
geons of the several Continental Regiments raised by this State as
to make their Pay including the Continental Pay amount to Three
Pounds currency per Day And that a Surgeons mate be allowed to
the Third Regiment (of Rangers) who shall have the same Pay as
the Surgeon's mates in the Regiments of Infantry are allowed

Upon Motion

Resolved That a daily Pay of One Pound Currency be allowed and
paid to the Person acting as Gunner Barrack Master and Store-
keeper in Fort Lyttleton at Beaufort for those several Ser\ices

The House then took into Consideration the Report of the Com-
mittee to whom the Petition of Thomas Lamar was r^ad

And the said Reports was agreed to by the House

153

Ordered Tha^ (as there may be some matters which the President
ought to be acquainted with and which may have been omitted to
be communicated to him) the Clerk of this House do attend His
Excellency with the Journals thereof whenever the same may be
required

Ordered That the Clerk of this House do supply Brigadier-Gen-
eral Howe with copies of such Orders and Resolutions t>f this
House as respect the Military Department and as he shall require

And then the House adjourned till To-morrow Evening six of
the Qock

Sunday Evening Six o'Qock
October 20th 1776
M"". Speaker adjourned the meeting of the House till To-morrow^

*The journal ends here. Although it calls for a session of the House Mon-
day, October 21, 1776, it is hardly likely that the House did anything more
than meet and adjourn sine die, as the Constitution adopted by the Provincial
Congress March 26, 1776, provided "That this Congress, being a full and free
representation of the People of this colony, shall henceforth be deemed and
called the General Assembly of South Carolina, and as such shall continue
until the twenty first day of October next, and no longer."

154

MEMBERS OF THE GENERAL ASSEMBLY.

[This list of members of the General Assembly during the ses- \

sion covered by this journal does not form a part of the manuscript
journal, but has been compiled by the Editor from the list of mem-
bers which he compiled and published in the journal of the session
held March 26, 1776- April 11, 1776; the changes that occurred
during that session, during the recess following and during this
session being noted.]

St. Philip's and St.' Michael's Parishes (Charles Town).

Cato Ash,J Peter Leger,

Peter Bacot, Arthur Middleton,

John Berwick, Alexander Moultrie,^

Peter Bocquet, John Neufville,

James Brown, Robert William Powell,

Daniel Cannon, John Ernest Poyas,^

' Thomas Corbett, Edward Rutledge,

John Edwards, Thomas Savage,

Nicholas Eveleigh,^ Josiah Smith, Jr.,^

Christopher Gadsden, Roger Smith,

Alexander Gillon, Peter Timothy,^

George Abbott Hall, Anthony Toomer,

Thomas Heyward, Jr., Paul Townsend,

William Johnson Joseph Verree,

Thomas Jones,^ Joshua Ward,-

Michael Kalteisen, Edward Weyman,

John Webb.2

*Died September 18, 1776.

*The Constitution provided that if a member of the General Assembly "shall
accept any place of emolument, or any Commission (except in the militia)
he shall vacate his seat, and there shall thereupon be a new election, but he
shall not be disqualified from serving upon being re-elected." Henry Laurens
having been elected Vice-President, Charles Pinckney and Henry Middleton
members of the Legislative Council, Alexander Moultrie Attorney
General, Peter Timothy Clerk of the House, George Abbott Hall

and having been appointed Collector of the Port and

respectively by the Provincial Congress, Michael Kalteisen having been
elected Commissary of Military Stores for the regular forces of South Caro-
lina by the Provincial Congress, February 18, 1776, and Thomas Heyward,
Jr., Arthur Middleton and Edward Rutledge being then delegates to the

155
Christ Qiurch Parish.

Gabriel Capers, Arnoldus Vander Horst,

John Boone, Joshua Toomer,

Isaac Legare Levi Durand,*

William Scott, Jr.

St. John's Parish, Berkeley.

Job Marion, Maurice Simons,

Elias Ball, Jr., James Cordes, Jr.,

John Cordes, Daniel Ravenel.^

St. Thomks and St. Denis's Parish.

James Akin, Isaac Harleston,

Thomas Screven,® Joseph Fogartie,

Hopson Pinckney,® Rev. Robert Smith.®

Continental Congress, writs to fill their seats were issued b> the Speaker
August 1st under the instructions given him April loth. The election was
held Monday and Tuesday, September 9th and loth. Edward Rutledge,
Arthur Middleton, Alexander Moultrie, Peter Timothy and George Abbott
Hall were reelected and Nicholas Eveleigh, Josiah Smith, Jr., John Ernest
Poyas, John Webb, Thomas Jones and Joshua Ward were elected to the

seats of Laurens, Pinckney, Middleton, Heyward, Kalteisen and . C^n

the 30th of September it was decided that members of the Provincial Con-
gress who had been appointed to places of emolument before the adoption of
the Constitution had not been made ineligible to hold their seats thereby,
and on the 2nd of October it was decided that the members of the Continen-
tal Congress had not vacated their seats and that "Charles-Town, having
chosen too great a number of Members on the 9th and loth Days of September
last founded upon a mistake the said Election should be declared void.*^
Moultrie, Timothy, Eveleigh, Smith, Poyas, Webb, Jones and Ward vacated
their seats accordingly.

"Moultrie having been unseated October 2nd was elected at the election held
October 7th and 8th to fill the vacancy caused by the death of Cato Ash.

*Toomer and Durand were declared elected at the election held September
9th and loth to fill the seats of John Rutledge elected President March 26,
1776, and Clement Lempriere elected commander of the ship Prosper, April
10, 1776. Durand's seat was contested by William Scott, Jr., who, on Sep-
tember 20th, was declared elected, and Durand vacated accordingly.

156

St. Stephen's Parish.

John Gaillard, Charles Cantey,

Philip Porcher, Hezekiah Maham,

Peter Sinkler, Joseph Palmer.

St. James's Parish, Santee.

Daniel Horry/ Capers Boone,

Thomas Horry, Jacob Motte,

Paul Douxsaint, Thomas Lynch, Jr.

I
St. James's Parish, Goose Creek.

John Parker,® Thomas Middleton (1753-1797),

William Parker,® John Izard,

Benjamin Smith, Keating Simons, ^®

John Wright.

St. George's Parish, Dorchester.

12

John Waring,^^ Richard Waring,

Benjamin Waring, John Mathewes,

Thomas Waring, Richard Walter.

'Elected September 9th and loth to fill a vacancy that existed at the time of
the adoption of the Constitution.

•Elected September 9th and loth to supply the places of John Huger, elected
Secretary of State March 27, 1776, William Parker, elected a Commissioner
of the Treasury, April 9, 1776, and Thomas Shubrick, elected a member of
the Legislative Council, March 26, 1776.

^Elected a member of the Legislative Council September 19, 1776, to succeed
David Oliphant appointed Director-General of the Hospital.

•Elected a member of the Legislative Council September 19, 1776, to succeed
Rawlins Lowndes, who had declined the election.

•Elected October 8th and 9th to succeed John Parker elected to the Legis-
lative Council September 19, 1776.

10

Elected September 9th and loth to succeed Benjamin Singellton, deceased.

157
St. Andrew's Parish.

Thomas Fuller/^ Benjamin Stone,

William Scott, Isaac Rivers,

William Cattell, Richard Park Stobo,"

Thomas Bee.^"

St. John's Parish, Colleton.

Chas. Cotesworth Pinckney,Ralph Izard,
William Gibbes, Thomas TucKer,

Thomas Evance, Benjamin Jenkins.

I

St. Paul's Parish.

Benjamin Elliott, Robert Ladson,

Charles Elliott, John McQueen,

George Haig, George Livingston.^®

St. Bartholomew's Parish.

James Parsons (Speaker), James Skirving, Jr.,
Rawlins Lowndes, William Skirving,

Thomas Osborn, Philip Smith.

"Elected September 9th and loth to succeed David Oliphant elected to the
Legislative Council March 26, 1776.

"Reelected to fill the vacancy caused by his election to an associate judge-
ship March 27, 1776.

"Elected a member of the Legislative Council September 19, 1776, to suc-
ceed Thomas Bee elected associate judge March 27, 1776.

"Elected September 9th and loth to succeed Thomas Bee elected to the
Legislative Council March 26, 1776.

"Elected October 8th and 9th to succeed Thomas Fuller elected to the
Legislative Council September 19, 1776.

"Elected September 9th and loth to succeed Thomas Ferguson elected to
the Legislative Council March 26, 1776.

158

Prince William's Pafish.

John Bull, William Harden,

William Bull, Jr., Isaac McPherson,

Benjamin Garden, Isaac Motte.

St. Peter's Parish.

William Brisbane, Thomas Middleton (175. -1785),
Philotheos Chiffelle, William Williamson,
Gideon Dupont, .^^

St. Helena's Parish.

John Barnwell, John Joyner, i

Daniel deSaussure, William Moultrie,^^

Daniel Heyward, Jr., Thomas Rutledge.

Prince George's Parish, Winyah.

Joseph Allston, Thomas Lynch,

Elias Horry, Jr., Paul Trapier, Jr.,

Benjamin Huger, Benjamin Young,

John Withers.^®

Prince Frederick's Parish.

Theodore Gaillard, Jr., Thomas Port,

John James, Sr., Benjamin Screven,

Archibald McDonald, Anthony White.

"Vacancy caused by the election of Stephen Bull to the Legislative Council
March 26, 1776.

"Moultrie was elected to the Legislative Council March 27, 1776, to succeed
Henry Laurens elected Vice-President, but did not qualify at once. A writ
was issued August ist to fill the vacancy and at the election held September
9th and loth he was reelected, but instead of taking his seat he qualified as a
member of the Legislative Council.

"A writ having been issued August ist for the election of a successor to
Thomas Lynch, a member of the Continental Congress, John Withers was
elected to the seat at the election held September 9th and loth, but the General
Assembly decided on the 2nd of October that the members of the Continental
Congress (Arthur Middleton, Edward Rutledge, Thomas Heyward, Jr.,
Thomas Lynch and Thomas Lynch, Jr.) had not vacated their seats and
Withers's election was declared null and voici

159
St. David's Parish.

H. W. Harrington, ^° George Pawley,

George Hicks,^^ Claudius Pegues,

Alexander Mcintosh, Samuel Wise.

St. Matthew's Parish.

Simon Berwick, William Fludd,

John Caldwell, deorge King,

Henl-y Felder, Rev. Paul Turquand.

Saxe-Gotha District.

William Arthur, Henry Patrick,

Benjamin Farar, Jacob Richman,

Ralph Humphries, William Tucker.^^

Ninety Six District.

Patrick Calhoun, Lachlan Mclntosh,^^

John Lewis Gervais, Richard A. Rapley,

Rev. John Harris, Andrew Williamson,

James^^ayson,

William Moore,

24
24

""Harrington having been elected Sheriff of Cheraws District March 29,
1776, vacated his seat, but was returned at the election held September 9th
and loth.

"^Elected September 9th and loth to take the place of George Gabriel Powell
elected to the Legislative Council March 26, 1776.

"William Henry Drayton having been elected Chief- Justice March 27, 1776,
a writ was issued to fill his seat from Saxe-Gotha, but the writ arriving after
the days set for the election a special election was held September 13th and
he was returned, but the General Assembly on the 25th of September declared
him not entitled to the seat. A new writ was issued and at the election held
October 7th and 8th William Tucker was e;lected. *

"Elected to fill a vacancy existing at the adoption of the Constitution.

"Vacancies caused by the election of LeRoy Hammond to the Legislative
Council March 26, 1776, and the death of Francis Salvador, killed in action
August I, 1776.

i6o

District between the North Fork of Edisto and Savannah Rivers.

Andrew Cumming, George Robison,

John Collins, John Salley,

James Jones, James Wilson.

Lower District between Saluda and Broad Rivers.

Jonas Beards John Prince,

William Henderson, J*ohn Thomas,

Michael Leitner, William Wofford.

Upper District between Saluda and Broad Rivers. |

I
Capt. John Caldwell, John Lindsey, ' i

John Caldwell, of Enpree, John Rogers, *
Jonathan Downs, James Williams,

John Williams.

District between Broad and Catawba Rivers.

William Barrow, John Nixon,

Williaim Howell, William Strother,

Henry Hunter, Thomas Taylor,

William Lang, John Turner,

William Lee, John Winn.

District Eastward of Wateree River.

•

James Bradley, Richard Richardson,

Joseph Kershaw, William Richardson,^'

Aaron Loocock, Matthew Singleton,

William Massey, Thomas Sumter,^**

Robert Patton, Rev. William Tennent.

"Lt. Col. Sumter and Capt. Richardson, having been elected to offices in the
6th and sth Regiments (regulars) by the Provincial Congress, writs were ■•

issued for filling their seats and they were returned at the election held Sep-
tember pth and loth, but the General Assembly on the 30th declared that no
vacancies had been created in such cases.

i6i

The New Acquisition.

Thomas Neel,
Ezekiel Polk,
Samuel Watson,
Alexander Love,
William Byers,
John Howe,
Robert McAfee,

Joseph Howe,
James Carson,
Robert Dickey,
Francis Adams,
William McColloch,
Francis Ross,
Thomas Janes,
John Janes.^*

'Elected in the place of Joseph Woods, who died February 14, 1776.

/ t

11— H. C.

A

INDEX.

Abercorn, Ga., 59(2), 70(2),

Absentees, 70, 107.

Act for establishing an oath of quali-
fication, 109, 112.

Act for establishing a board of com-
missioners to superintend the naval
affairs of South Carolina, 89.

Act for appointing a Public Treas-
urer, 119.

Act for establishing three watch com-
panies in Charles Town, 133, 135,

138.
Adams, Francis, 53, 68, 72, 112, 161.

Admiralty, Court of, 86, 87, 88, loi-

102, 109, 138.
Akin, James, 155.
Allen, Edward, 99, 104(2), 107.
Allston, Joseph, 158.
America, 4, 13, 15, 16, 17(2), 18, 30,

33^ 35, 46, 48, 52, 76. 88, 118, 121,

137.
Ammunition, 20, 147, 149.

Amnesty, 86, 88, 109, 121.

Ancrum, William, 58.

Arming troops, 18, 19, 98.

Arms, 20, 114, 121.

Arsenal (in Charles Town), 45.

Arthur, William, 50, 159.

Ash, Cato, 52, 99, 154, i55-

Ashepoo River, 34, 42, 55, 56.

Atkinson, Joseph, 58, 122.

Attorney General, 8, 127, 148, 149, 154.

(See Alexander Moultrie).
Augusta, 139.
Axes, 66, 67, 68.
Bacot, Peter, 47, 154.
Bahama Islands, 32, 107.
Ball, Elias, Jr., 4, 155.
Ballingall, Robert, 34(4), 4«(5),

55(5), 56.
Bank notes, 128.
Barnwell, John, 158.
Barracks, 65, 94.

Barracksmaster, 115, 142, 143.

Barrow, William, 160.

Bartey, William, 44, 45, 114.

Bayonets, 147, 149.

Beard, Jonas, 160.

Beaufort, 87(2), 103, 105, 107, iii,

112, 125, 135, 138, 152; artillery

company at, 124, 135, 139.
Beaufort District, 56(2), 57, 62, 69,

73f 74, 76, 89, 123.
Bee, Thomas, 7(2), 8, 99(3), 111(2),

116, 134, 157(3).
Bell, Benjamin, 123.
Bermuda, 32, 107, 114.
Berwick, John, 52, 54, 79(2), 151,

152; petition of, 48, 49, 53-54, 154-
Berwick, Simon, 86, 159.
Besnard, John, 115.
Bill authorizing the President to

draft slaves for the public works,

74.

Bill establishing an oath of qualifica-
tion, 81, 8s, loi, 105-106, 109, no-
il I. (See Acts.)

Bill for appointing commissioners to
superintend the naval affairs of
South Carolina, 39, 57, 63, 64, 72,
78, 79-80, 87. (See Acts.)

Bill for better regulation of the mili-
tia, 33, 104, 105, no, 120.

Bill for disarming the disaffected, 33.
(See Ordinance on same subject.)

Bill establishing a reprisal fund, 87.

Bill of general amnesty, 86, 88, 121.

Bill to amend the Act as to the juris-
diction of the Court of Admiralty,
86, 87, 88, 101-102, 138.

Bill to compensate persons sustaining
losses from the British, 54.

Bill to secure the estates of persons
absent from the State who are
known to be inimical to the liber-
ties of America, 76.

164

Bill to establish three watch com-
panies in Charles Town, 108, 109,
112, 119-120, 133, 135.

Bill to amend the constitution of
March 2^, 1776, 137.

Black, Mrs. Elizabeth, 100, 108, 116-
117, 123(2).

Black, Robert, 100.

Blake, Edward, 72, 99(2), 113, 129.

Blake John, of Charles Town, 113.

Blake, John, captain in 2nd Regi-
ment, company of, 140.

Blankets, 94.

Blessingham, Capt., 135.

Bloody Point, 70, 80.

Board of Treasury (Continental),
10, 18.

Bocquet, Peter, 154.

Boone, Capers, 156.

Boone, John, 44, 155.

Boote, Benjamin Booth, 113.

Bounties, 25, 96, 97, 98(2), 115(3),
119, 121(2), 126(3), 131, 140, 144.

Bradley, James, i6a

Brewton, John, 141, 149.

Brimstone, 45.

Brisbane, James, 121,

Brisbane, William, 4, 59, 158.

British Armament, defeat of at Sulli-
van's Island, 9, 13, 14.

British West Indies, 86, 87.

Broad River, upper, or Spartan, elec-
tion district between Saluda River
and, 45-6, 160; lower election dis-
trict between Saluda River and,
160; election district between
Catawba River and, 160.

Brown, James, 52, 154.

Bull, John, 99, 158.

Bull, Stephen, 158; regiment of, 80.

Bull, William, Jr., 158.

Bull's Island, 147, 148.

Burnley, John, 114.

Bush, Isaac, 123. ,

Byers, William, 161.

Caldwell, John, of St. Matthew's
Parish, II, 39, 47, 63, 123, 159.

Caldwell, Capt. John, 160.
Caldwell, John, of Enoree, 160.

Calhoun, Patrick, 159.

Calvert, John, 45, 54.

Camden District, 123.

Cannon, Daniel, 88, 140, 154.

Cannons, 147, 149.

Cantey, Charies, 11, 33, 34, 39, 50, 75,

156.
Cape Fear River, 71.
Capers, Gabriel, 44, 88(2), 109, 155.
Capers's Island, 147, 148.
Carlton Island, 148.
Camachan, John, yy.
Carsan, James, 121.
Carson, James, 161.
Cashier, 89.
Casks, 21.
Catawba River, election district

between Broad River and, 160.
Cattell, William, 59, 60, 70, 72, 79, 82,

108, 119, 142, 157.
Cencus, 17, 18.
Champneys, John, 121.
Chancellor, 118, 137.
Charles Town (Charleston after

1783), ZiZ), 5, 7, 15, 38, 42, 44, 45,
47, 51(2), 52, 55, 60, 61, 62(3),
65(2), 69(2), 70, 75(2), 84(2), 85,
96, 99, 100, 102, 108(2), 113,
118(2), 119, 133, 135(2), 137(2),
138, 139(2), 140, 142(2), 143(2),
149(2), 154, 155; Clinton's arrival
off bar of, 17; harbor of, 91;
obstructions to bar of, 114.
Charles Town District, 34, 48, 122;
jail of, 102, 103, 104, 121, 150,

151(2),
Charles Town Neck, 143.
Cheraw Hill, 40, 57, 63, 64, 71, 75,

81(3), 100.
Cheraws, 57, 64, 65, 81, 104, 114, 121.
Cheraws District, 159; jail of, 143,

150.
Cherokee Indians, 9, 13, 14, 50(2),

60(2), 115, 124, 138, 150; trade

with, 125.
Chief- Justice, 52, 159.
Chiffelle, Philotheos, 38, 40, 59, 108,

158.
Chisolm, Alexander, 58:

i65

Christ Church Parish, 4(2), 6, 15(2),

16, 41, 44» 52, 155.
Cinquefield, Francis, 123.
Clergy, 114, 119.
Clerk, 4, 5, 49, 103, 154.
Qinton, Sir Henry, 17.
Clothing for troops, 24-25, 32, 94, 98,

114, 119, 121, 140, 144.

Cochran, Robert, 114.
Colcock, John, 54, 122.
Cole's Island, 148.

Collector of Country Duties, irS, 137.
Collector of the Port (Charles
Town), 154.

Collins, John, 4, 7, 45, 160.

Comet (brigantine), 7, 37, 38, 40,

47(2), 51(3), 75» 99(2), 104(3).
Commissary General, 114, 125.
Commissary of Military Stores for

the Regulars, 154.

Commissioners of Indian Affairs, 71,
139.

Commissioners of the Navy Board,
39, 57, 63, 64, 72, 78, 79-80, 87, 89,
99, 130.

Commissioners for laying obstruc-
tions on the bar of Charles Town
Harbor, 114.

Commissioners to purchase salt, 58,
66, 72-73, 73. 100, 108, 114, 115.

Commissioners for importing clothes
for the troops, 114.

Commissioners to Superintend the
Pilotage at Beaufort, 103.

Commissioners of Fort Lyttelton,
114.

Commissioners of the Markets, 126.

Commissioners to sign paper money,
141, 142.

Commissioners for high-roads, 143, -
148.

Committees of General Assembly, 7,
lo-ii, 11(2), 15, 44, 45, 48(2), 50,
52, 57(2), 58, 59, 76, 85, 87, 89, 99,
103, III, 119, 137, 139; of parishes
or districts, 11(2), 12, 56, 57, 73,
74, 81, 83-84, 87, too, loi, 105, 108,
109, iio-iii, 112.

Commons House of Assembly, 49,

130, 131; Clerk of the, 103; cur-
rency issued by, 130, I31, 146(2).

Congarees, 49.
Connecticut, 97.
Constitntion (vessel)) 115.

Constitution of March 26, 1776, 105,
III, 153, 154, 155, 156, 159; revision
of the, 1 1 7- 1 19, 120, 132, 133, 134,

136-137-
Continental Association, 83.

Continental Congress, 9, 10, 13, 14,
15, 18(2), 33f 41, 65, 69, 71, 83,
96(4), 97(2), 98(2), 114, 116, 117,

118, 119, 121, 136, 137, 140(2), 144,
155(2), 158(2) ; letters from South
Carolina's delegates to the, 10(2),
16-17, 29-31, 96; letters from presi-
dent of the, 10, 31 ; resolutions of
the, 10, 17-18, 18, 18-19, 19-21, 21,
21-22, 23, 23-24, 31-32, 32, 97(2), 98;
debate in respecting East India tea,
29-31 ; currency of the, 128, 130,

131, 146(2),

Continental Establishment, troops of
South Carolina on the, 21, 23-24,
31-32, 71, 72, 74, 75, 78, 82(2), 88,
96, 98, 113, 114, 119, 121, 124, 140,
144; surgeons of the South Caro-
lina regiments on the, 152; frig-
ates on the, 66, 67, 71.

Contingent fund for the President,
114.

Controller of Country Duties, 118,

119, 137-
Conway, Philip, 114.
Cook, John, 123.
Copithorn, John, 115.

Corbett, Thomas, 36, 39, 40, 44, 45,

65, 72, 86, 154.
Cordes, James, Jr., 155.
Cordes, John, 83, 89, 155.
Corporations, 131.
Cotton cards, 67, 68.
Council Chamber, 8, 9, 35, 62, 88(2),

89(2), 100, 101(2), 111(2), 112(2),

138(3), 146(2).
Council of Safety, 21, 23(2), 45, 49.

i66

^ Counterfeiting, 25, 116, 130(2), 131,

145-146, 146.
Country duties, 118, 125.
Court of Appeals, 118, 137.
Court of Chancery, 118, 137.
Court of Ordinary, 118, 137.
Court Houses, 125, 126, 128.
Courts, 46, 56, 57, 62, 69, 73y 74, 76,

77, 82, 86, 87, 89, I0I-IQ2, 109,

118(3).
Courts-martial, 33, 72, 75, 78, 79, 81,

82, 82-83, 137.
Creek Indians, 142.
Crosby, Timothy, 130.
Cross Creek, N. C, 71.
Crown officers, 121, 143(2), 150, 151.
Camming, Andrew, 160.
Custom House, 116.
Darrell, Edward, 115.
Darrell, Joseph, 113; company of, 114.
Dart, Benjamin, 115, 116, 129.
Dawfuskee Island, 147, 148.
Dawson, John, 58.
deSaussure, Daniel, 7, 33^ 44, 45, 48,

64, 70, 75, 80, 87, 103, 107, 122,

131, 158.
Declaration of Independence, 9, 13,

14, 15, 16-17, 26-29, 35» 88, 102.
Defence, Gen. Howe's letter in regard

to, 90-96, 146-149; back country's,

149.
Delaware, 97.

Dickert, Michael, 123.
Dickey, Robert, 161.
Director-General, of the Hospital, 8.

156.
Disarming the disaffected, 18-19, 33^

46, 52-53.
Dogharty, James, 51(2), 75-
Dorchester, 49, 115.
Douxsaint, Paul, 156.
Downs, Jonathan, 160.
Drayton, William Henry, 49(2), 50,

52, 159.
Drew, Henry, 89, 102.
DuBose, Daniel, 122.
Duane, James, 18.
Dunn, John, 113.
Dupont, Gideon, 38, 158.

Durand, Levi, 4(3), 6(4), 15(2),

16(4), 41, 52, 155(4).

Duties, 22, 124, 137.

East Florida, 48(2), 86, 87.

East India Company, 30.

East India Tea, 10, 21, 29-31, 33, 37,
40, 46, 56-57, 57, 58, 62.

Edisto River, 47; south fork of the,
47; eIe<;tion district between the
Savannah River and the north fork
of the, 45, 160.

Education, 46, 107.

Edwards, John, 7, 11, 36, 38, 39(2),
40, 50, 51, 53, 57, 58, 63, 74, 88(3),
99, III, 122, 131, 139, 142, 154.

Elections, 3, 8(2), 47, 49, 52, 69, 72,
75, 79, 79-80, 83-84, 99, 104, 112,
117, 118(3), 132, 137, 141,. 149, 155;
contested, 6-7, 15-16, 41 ; places of,
45, 46, 77> 105, 109, III, 112; manag-
ers of, 45, 46, 78, 84.

Elliott, Benjamin, 44, 48, 157.

Elliott, Charles, 79, 157.

England, 17, 30(2), 37.

Europe, 107, 143.

Evance, Thomas, 157.

Eveleigh, Nicholas, 3, 4, 33, 52, 123,

154, 155(2).
Exchange (Charles Town), the, 33,

124, 125(2), 128.
Export restrictions, 21.
Farar, Benjamin, 159.
Farr, Thomas, 122.
Farr, Thomas, Jr., 49(2), 54, 152.
Felder, Henry, 159.
Fenwick, Edward, petition of, 33-34,

41-44, 48, 49, 54-56.
Ferguson, Thomas, 157.
Ferries, 58, 59, 70, 93, 148, 149.
Ficklin, Samuel, 123.
Field pieces, 147, 149.
Fifth Regiment, 121, 160.
Files, 67, 68.

Fines and forfeitures, 116, 125.
Firemasters, 113.
Fisher, James, 58.
Flax, 126.
Florida (See East Florida and West

Florida).

i

167

Flour, 65(2), 113, IIS, 124.

Fludd, William, 159.

Fogartie, Joseph, 33, 155.

Folly Island, 148. •

Fort Johnson, 90, 124, 145(2), 147,

148.
Fort L3rttelton, 114, 152.
Fort Moultrie, 9, 13, 14, 90, 91, 100,

145(2).
Fortifications, 74, 113, 114, 124, 125,

147, 148.
Fourth Regiment, 135, 139(2).
Free Schools, 46.
Friday, Jacob, 50.
Fuller, Thomas, 8, 52, 99, 157(2).
Gaborial, John, 130.
Gadsden, Christopher, 24, 65, 79,

111(3), 130, 134, 154.
Gaillard, Charles, 122.
Gaillard, John, 156.
Gaillard, Tacitus, 115.
Gaillard, Theodore, Jr., 47, 158.
Gallies, 147, 148.
Gambell, Archibald, 68.
Garden, Benjamin, 33, 40, 54, 57, 59,

62, 69, 70, 87, 151, 152, 158.
Gazette (in Charles Town), no.
George II., ^7-
George Town, 113, 114, 115, 121;

artillery company at, 114, 124, 135,

139.
George Town District, 122; jail of,

143, 150.
Georgia, Z2. 34, Z7y 42, 55, 59(4),

70(3), 93(2), 97, 114, 127.
Gerry, Elbridge, 18.
Gervais, John Lewis, 7, 15, ZZ{2)y 39,

47, 50, 61, 64, 65, (6, 7(i, 79, 89,

102, 103, 119, 139, 159.
Gibbes, William, 139, 157.
Gibbes's Wharf, William, 122.
Gibson, John, 18(2).
Gillon, Alexander, 154.
Glasgow Packet (transport brigan-

tine), 108, 122, 131, 152(2).
Gold, 125.

Goodwyn, Robert, 123.
Gray, John, 104.
Great Britain, 9, 13, 14, 16, 19, 20(3),

21(3), 22, 25, 26, 29, 30, 32, 37 f 4^
46, 56, 62, 86, 87, 88, 102, 107(3),
109, 117(2), 118, 136(2), 137, 138.

Green, Thomas, 123.

Guignard, John Gabriel, 123.

Haddrell's Point, 44, 90, 94, 147, 148.

Haig, George, 71, 72, 73(2), 74(3),
157.

Halifax, N. S., 17.

Hall, George Abbott, 3, 4, 40, 52, 62,
65, 72, 116, 154(2), 155.

Hammond, LeRoy, 142, 159.

Hancock, John, 10, 23, 29, 31, 32(2),
98.

Harden, William, 158; artillery com-
pany of, 124 (See also Beaufort).

Harleston, Isaac, 75, 81, loi, 102,
155 ; company of, 140.

Harrington, Henry William, 8, 39,
40, 41, 47, 57, 78, 81, 119, 122,
159(2).

Harris, Rev. John, 159.

Harvey, William, 125.

Heatly, Charles, 123.

Hemp, 115, 126.

Henderson, William, 160.

Hey ward, Daniel, Jr., no, 111(2),
158.

Heyward, Thomas, Jr., 17, 31, 69(3),
75, 76, 85, 86, 87(3), 108(2), 109,
III, 116, 133, 137, 139, 145(2),
154(2), 155, 158.

Hicks, George, 8(2), 11, 33, 36, 38,

39, 41, 159.
Highways, 143, 148, 149.
Hobcaw, 129.
Hoes, 67.

Holmes, William, 122.
Horry, Daniel, 6(2), 7, 8, 52, 156.
Horry, Elias, Jr., 79(2), 106(2), 158.
Horry, Thomas, 156.
Hort, William, 44, 109, 109- no.
Hort's Ferry, 47.
Hospital, 115; Director General of

the, 156.
Houseal, William, 123.
Howarth, Probart, regiment of, 125,

128.
Howe, Lord, 17.

i68

ttowe, John, 123, 161.

Howe, Joseph, 53, 58, 63, 68, 73y 74*

76, 87(3), 161.
Howe, Gen. Robert, 102, 124, 133;

letter of to President Rutledge,

89, 90-96, 119, 146-149, 149.
Howe, Sir William, 17.
Howell, William, 160.
Howitzers, 147, 149.
titiger, Benjamin, 70, 72, 75, 137, 158.
Huger, Francis, company of, 140.
Huger, John, 3, 156.
Humphries, Ralph; 50, 64, 159.
Hunter, Henry, 160.
Hunting Islands, 147, 148.
Independence, Continental Congress

declares, 9, 13, 14, I5» 16-17, ii7,

136.
Independent companies, 135, 139.
Indian Affairs, Superintendent of,

48; Commissioners of, 71, 139.
Indian trade, 128.
Indians, 9, 13, 14, 50, 59, 60, 61, 91,

113, 115, 138, 149-
Indigo, 42, 43, 55, 56, 115.
Internal improvements, iii.
Ireland, 22, 86, 87.
Iron, 65, 66, 67 (2) , 68.
Islington (schooner), 113.
Izard, John, 156.
Izard, Ralph, 4, i5, 33(2) ^ 54, 56,

57(2), 58, 99(2), 100(2), 108, 143,

157.
Jackson, Benjamin, 122.

Jail, Charles Town, 102, 103, 104;

Cheraws, 121.

Jails, 125, 126.

James, John, Sr., 73, 158.

James Island, 114.

^anes, John, 53, 161.

Janes, Thomas, 161.

Jenkins, Benjamin, 157.

Johnson, William, 154.

Jones, Jamies, 160.

Jones, Thomas, 3, 4, 36, 53, 68, 72,

75, 154, 155(2).
Joyner, John, 48, 51, 53, 74, 76, 79,

81, 87, 158.
Judges, 118, 127, 137, 157.

Juries, 46, 56, 57, 62, 69, 73* 74, 7^*
86, 87, 88, 89.

Kalteisen, ^ichael, 154(2), 155.
Kelly's Old Cowpen, 45.
Kershaw, Ely, 122. ^

Kershaw, Joseph, 160.
Kiawah Island, 147, 148.
King, George, 4, 123, 159.
King, Richard, 123.
Kirkland, Joseph, 123.
Kolb, Abel, 122.

Ladson, Robert, 78, 81, 84, 87, 104,
105, 106, 145(4), 157.

Lady's Island, 34, 42(2), 55.
Lamar, Thomas, 139, 142, 152.
Lang, William, 160.
Laurens, Henry, 154, 155, 158.
Leach, Thomas, 123.
Lead, 57, 81, 104.
Leckie, James, 116.
Lee, Gen. Charles, 115.
Lee, William, 160.
Legare, Isaac, 133(2), 155.
Leger, Peter, 33, 58, 85, 154.

Legislative Council, 3, 7, 8(3), 37*
38(2), 40(5), 46(2), 47, 49, 50;
51(2), 52(4), 54, 57(2), 62(2), 68,

69, 71, 72, 73* 74(4), 75(2), 78(3),
79, 80, 81(2), 82(2), 82-83, 83(2),
84(3), 86(2), 88(3), 89(2), 96,
99(2), 101(4), 102(2), 104, 105,
106(4), 107(5), 108(2), 109,
110(2), 111(4), 112(3), 117(2),
120(3), 121(2), 122(2), 124,
131(2), 132, 133(4), 135(2), 136,
138(3), 141, 142(2), 143(2),
145(3), 149, 154, 156(4), 157(5),
158(3), 159(2) ; messages from,
105-106, no, 131-132.

Leitner, Michael, 66, 160.
Lempriere, Clement, 6(2), 36(2), 155.
Lepoole, Peter, 114.
Liberty (brigantine), 114.
Lide, Robert, 122.
Lightwood, Edward, 58.
Lindsey, John, 160.
Linen, 115, 126.
Lining, John, 141, 149.

i6$

Little River (George Town District),

71.
Little Rfver (Ninety Six District),

47.
LiHle Thomas (schooner), 114.
Livingston, George, 4(2), 157.
Loans, 130, 131, 141, 142, 143, 145,

146.
Long Bluff, 40.

Long Island (Isle of Palms), 90.
Loocock, Aaron, 11, 39, 45, 54, 65, 66,

160.
Lord, Benjamin, 54.
Love, Alexander, 123, 161.
Lowndes, Rawlins, 8(2), 11, 12, 34,

41, 48, 50(2), 53, 59, 74, 78, 99,

no, III, 117, 156, 157.
Lynch, Thomas^ 17, 31, 158(3).
Lynch, Thomas, Jr., 17, 31, 156, 158.
Lyttelton, Governor W. H., expedi-
tion of, 125, 128.
Lyttelton's Bastion, 114.
Magazines (powder), 129.
Magistrates, 47, 122-123, 131, 146.
Maham, Hezekiah, 40, 156.
Manigault, Gabriel, 116.
'Manufactures, 126.
Maple Cane, 34(2), 42, 55(2).
Margaret (sloop), 58, 66, 72, 100.
Marion, Job, 155.
Maryland, 97.
Mason, George, 140.
Massachusetts, 97.
Massey, William, 160.
Master in Chancery, 8, 9.
Mathewes, John, 4(2), 7, 33, 37, 38,

40, 47, 51, 57, 62, 69, no, ni(4),

"9, 156.

Matzenback, Baron, 115.

Mayson, James, 159.

McAfee, Robert, 161.

McCall, John, Jr., 141, 149.

McColloch, William, 161.

McDonald, Adam, 140, 144(2) ; com-
pany of, 139.

McDonald, Archibald, 158.

Mcintosh, Alexander, 58, 59, 72, 99,
122, 159.

Mcintosh, Lachlan, 53, 159.

McPherson, Isaac, 59, 78, 81, 138, 158.
McQueen, John, 40, 46, 54, 84, 87,

107, 157.
Meldrum, n, 35.

Mercer, Richard, 122.

Messages from the President, 8,
10(2), 16, 35(2), 36, 40-4i» 49, SO,
54, 57, 59, 62, 65, 66, 68, 71, 72,
75, 76, 88, 89, 96, 98, loi, ni,
n9(2), 120, 121, 124, 134, 134-135,
138(2), 139, 143, 146, 146-147, 149.

Michie, Henry, 121.

Middleton, Arthur, 3, 17, 31, 32,

154(2), 155, 158.

Middleton, Henry, 154, 155.

Middleton, Thomas (1719-1766), reg-
iment of, 125, 128.

Middleton, Thomas (175.- 1785), 37,
38, 39, 40, 107, 158.

Middleton, Thomas (i753-i797), 120,
156.

Militia, 9, 13, 15, 33, 40, 57, 63, 77y
80, 86, 95, 104, 105, no, n4, 120(2),
150, 151, 154; paymaster of the, 54,
63, 72, 76, 77, 152; paymaster-gen-
eral of the, 77; commissary of the,

152.
Mill materials, 67, 6S.
Ministers, 114, 119.
Minute men, 95, 147, 149.
Mitchell, John, n(2), 12(2), 35, 100.
Money issues, 126, 127, 128, 130, 141,

142, 145, 146(2).
Moore, Isham, 123.
Moore, James, 123.
Moore, William, 33, 39, 47, 58, 73*

123, 159.
Morgan, Capt., 115.

Morgridge, John, 104.

Mortars, 147, 149.

Motte, Charles, company of, 140.

Motte, Isaac, 11, 33, 158.

Motte, Jacob (1700- 1770), 126.

Motte, Jacob (1729-1780), 156.

Moultrie, Alexander, 3, 8 (Attorney

General), n, 33(2), 50, 54(2), 57,

63, 76, 99(3), III, 119, 154(2),

155(3).
Moultrie, John, 48(3).

170

Moultrie, William, 4, 24, 52, 90, 134,

158(2).
Murphy*s Island, 148.

Muskets, 147, 149.

Naval Affairs of South Carolina, 36.
yjy 39, 113, IIS, 130; Bill for
appointing commissioners to super-
intend and direct, 39, 57, 63, 64,
72, 78, 79-80, 87, 89, 99; commis-
sary of, 115.

Neel, Thomas, 68(2), 77, 161.

Negroes, 19, 34, 42(2), 43, 48, 55(2),
56(2;, 78, 81, 82, 83, 84, 99, loi, 124.

Nelmes, Capt., 114.

Neufville, John, 11, z^, 39, 44, 45,
50, 85(2), 113, 130, 154.

Neutrality, 102.

New Acquisition, 72, 77(2), 161.

New Hampshire, 97.

New Jersey, 97.

New Providence, 32.

New York, 17(2), 97.

Nielsen, Jarad, 123.

Ninety Six, 46, 142.

Ninety Six, election district of, 159

Ninety Six District, 46, 123.

Nisbett, William, 122.

Nitre works, 114.

Nixon, John, 160.

Norris, William, 123.

North Carolina, 9, 13, 14, 71(2), 78,

93, 97, 113, 138, 140, 144(2).
Notre Dame (brigantine), 113.
Nova Scotia, 86, 87.
Nuckols, John, 46.
Oath of fidelity, 106, 150.
Oath of qualification, 81, 85, loi,

105-106, 109, iio-iii, 112, 137.
Oats, Edward, 115.
Oliphant, David, 7(2), 8, 156, 157.
Orangeburgh District, 123.
Ordinance for appointing commis-

soners to sell East India tea, 33,

40(2), 46, 56-57, 57, 58, 62.
Ordinance for disarming disaffected

persons, 46, 52-53-
Ordinance for providing juries for

Beaufort District, 56, 57, 62, 69, 7^,

74, 7^^ 89.

Ordinance providing for courts-mar-
tial, zz, 72, 74, 75, 78, 79, 81, 82,
82-83, 89.

Ordinance to direct the manner of
procuring negroes for the public
service, 78, 81, 82, 83, 84, 87, 88*
99, 100, lOI.

Ordinance for allowing and keeping
in repair a pilot boat at Beaufort,
107, III, 112, 135, 138.

Ordinance for opening and improv-
ing inland navigation, 11 1.

Ordinance for appointing Commis-
sioners to stamp money, 141, 142,
143, 145, 146.

Ordinance to establish a commission
to repair the Jail in Charles Town,
151.

Osborn, Capt., 48.

Osborn, Thomas, 111(2), 157.

Osnabrigs, 115.

Palmer, Joseph, 41, 156.

Paper, 68.

Parker, John, 8, 52, 99, 156(2).

Parker, \v^illiam, 99, 156(2).

Parliament of Great Britain, 19, 30.

Parsons, James, 157.

Patrick, Henry, 47, 119, 159.

Patton, Robert, 160.

Pawley, George, 85, 112, 159.

Pearis, Richard, 7, 64(2), 68, 76-77 ,

84, 85.
Pearis, Mrs. Richard, 7.
Pearis, Robert, 89, 102(4), 103(2).
P^ggy (schooner), 114.
Pegues, Claudius, 8, 11(3), Z^, 38, 39,

41, 159.
Pellis, George, 123.
Pennsylvania, 97, loi, 116, 117.
Pensions, 139, 140.
Peoples, Henry, 45.
Peronneau, Henry, 115, 116, 129.
Pest House, 124.
Petitions, 6-7y 48.
Philadelphia, 10(3), 11(2), 16, 18,

29, 31, 35, 65(2), 66(2), 67(2), 68,

70, 96, 147.
Pickering, Capt., 152.

171

Pilots, pilotage, and pilot boats,
87(2), 103, 105, 107, III, 112, I35»

138.
Pinckney, Charles (1732-1782), 154,

155.
Pinckney, Charles Cotesworth, 7, 11,

15, 32, 33(3). 37, 47, SO, Si, S4, 56,
57(2)/ 60, 61, 64(2), 65, 66, 72,
74(2), 78, 81, 87, 88(2), 99, 104,
no, III, 141, 142(2), 143, 146, ISO,

isi, 157.

Pinckney, Hopson, 4, 50, 72, 73,
74(3), 83, 89(2), 112, 120, 155.

Pinckney's Island, 148.

Pledger, Philip, 122.

Plows, 67, 68.

Poaug, John, 58.

Polk, Ezekiel, 161.

Polly (schooner), 115(2).

Pooler, Quintin, 139.

Poor- tax, 51-52, 62-63, 72-

Population, 17, 18.

Porcher, Philip, 156.

Port, Thomas, 158.

Port Henderson (ship), 116.

Port Royal, 114; artillery company
at, 113.

Post riders, 115, 139, 142.

Powder, 17, 44(2), 45, 57, 81, 104,
113, 129; commissioners for, 45(2).

Powder Receiver, 38, 39(2), 45, 119,
124(2),. 125, 129(2) ; Deputy, 129.

Powe, Thomas, 122.

Powell, George Gabriel, 40, 69, 71,
75, 81(2), 159.

Powell, Robert William, 154.

Poyas, John Ernest, 3, 4, 125, 154,
iS5(2).

President of South Carolina, 24, 31,
33, 57, 58, 74, 82, 84, 88(2), 89(3),
100(3), 101(4), 104, 105, 106, 107,
111(2), 112(3), 118, 122, 128, 130,
131(2), 135, 136, 137(2), 138(5),
139(2), 141, 142, 143(2), 145(3),
146(2), 147, 148, 149(3), 150(5),
151, 152, 153, 155; addresses to,
12-15, 33, 35(2), 51, 53, 62; letters
of delegat<^s to the Continental
Congress to, 16-17, 29-31 ; messages

of, 8, 10(2), 16, 35(2), 36, 40-41,
49, 50, 54, 57, 59, 62, 65, 66, 68, 7h
72, 75, 76, 88, 89, 96, 98, loi, III,
119(2), 120, 121, 124, 134, 134-135,
138(2), 139, 143, 146, 146-147, 149;
messages to, 12, 35-36, 38, 61, 62,
63-64, 64(2), 6$, 70-71, 73, 79, 80,
81, 104, 104-5, 140, 144(2), 145,
146, 149-150, 150, 151 ; proclamations
of, 3, 131, 146; speeches of, 9-10,

10, 35.
Prince, John, 160.
Prince Frederick's Parish, 158.
Prince George's Parish, Winyah, 4,

75, 158. '

Prince William's Parish, 99, 158.
Printing Acts, 109.
Prioleau, Samuel, 129(2).
Prioleau, Samuel, Jr., 129(2).
Prisoners of war, 59, 60, 61, 102,

103(2), 104, 151.
Pritchard, Paul, 114.
Privateering, 20.
Privileges and Elections, Committee

on, 7, 15.
Privy Council, 40, 54, 65, 100, 117,

118, 121(2), 130, 131, 135, 136, 137,

141, 143(2), 145, 146, .149, 150;

secretary of the, 54, 63, 72, 76(2),

77; messengers of, 54, 63, 72, 76(2),

77'
Proclamations, 3, 131, 146. (See

President.)
Prosper (ship), 36, 38(3), 155-
Prosser, Stephen, 104.
Provincial Congress, 23, 42, 44, 55,

56, 57, 67, 81, 83, 104, 105(2), no,

120, 130, 131, 135, 153, 154(2), 155,

160; secretary of the, 4.
Public Buildings, 112, 144.
Public works, 74, 115, 130.
Purrysburgh, 58, 59(3), 70(2).
Quartermaster-general, 115.
Rambert, Abijah, 123.
Ramrods, 147, 149.
Rangers, 96, 97.
Rapley, Richard A., 159.
Rations, 120.
Ravenel, Daniel, 4, 41, 155.

i7±

Rebecca (vessel), 113.

Records, 47, 49, 103.

Religion, 118- 119.

Representation in the General

Assembly, 117.
Reprisal fund, 87, 131.
Resolutions, 122.

Revenge (vessel), 108, 122, 131, 152.
Reward, 145, 146.
Rhode Island, 97.
Rice, 43, 56, 113, 114.
Richardson, Richard, 160; expedition

of, 113.
Richardson, Richard, Jr., 134(2), 135.
Richardson, William, 4, 160(2).
Richbourg, Capt, 134(2), 139-
Richman, Jacob, 47(2), 79, 159.
Riflemen, the two regiments of, 119.
Rifles, 1 14.
Rivers, Isaac, 157.
Roads, 47.

Robinson, Joseph, 87.
Robison, George, 4, 39, 45, 47, 58,

63, 112, 160.
Robison, William, 45, 123.
Rocky River, 47.
Rogers, John, 160.
Rose, Mr:, 42, 55.
Ross, Francis, 161.
Rutledge, Edward, 3, 17, 31, 96,

154(2), 155, 158.

Rutledge, Hugh, 6. •

Rutledge, John, 155; president and
commander-in-chief, 6, 31, 33;
addresses to, 12-15; letters from
the delegates to the Continental
Congress to, 16-17, 29-31 ; messages
of, 8, 10(2), 16; messages to, 12;
proclamations of, 3; speeches of,
9-10, 10. (See President.)

Rutledge, Thomas, 158.

Salkehatchie River, 47.

Salley, John, 8, 45, 160.

Salt, 58(3), 73y 74» 78, 100, 108; com-
missioners to purchase, 58. 66,
72-73, 73, 100, 108, 114.

Salt-works, 58, 65(2), 115.

Saluda River, upper, or Spartan,
election district between Broad

River and, 45-6, 160; lower elec-
tion district between Broad River
and, 160.

Salvador, "Francis, 159.

Sandy Hook, 17.

Savage, Edward, 121.

Savage, Thomjas, 72, 76, 87, 99, 129,

154.

Savannah, 59(2), 70(2), 115.

Savannah River, 47, 139, 142; elec-
tion district between the north fork
of Edisto River and the, 45, 160.

Saws, 67, 68.

Saxe-Gotha, election district of, 49,
52, 120, 159(2) ; certificate of an
election in, 49-50.

Schools, 46.

Scott, John, 113, 115.

Scott, Jonathan, 6, 16, 41, 113.

Scott, William, 6, 15, 33, 79, 81, 86,
103, 157- '

Scott, William, Jr., 44(2), 155(2);
petition of contesting the seat of
Levi Durand, 6-7, 15-16, 41.

Screven, Benjamin, 47, 158.

Screven, Thomas, 4, 155.

Second Regiment, 100, 134.

Secretary of State, 3, 156.

Secretary of the Provincial Con-
gress, 4.

Seymour, Stephen, 99.

Shaw, Charles, 34(3), 42(6), 55(3),
56.

Sheriff, 159.

Ship-bread, 65, 67, 68.

Shubrick, Thomas, 72. 83, no, 132,

156.
Silk, 126.
Silver, 125.
Simons, Keating, 4, 11, 80(2),

135(2), 156.
Simons, Maurice, 75(2), 87,. 99, loi,

102, 120, 137, 140, 141, 147, 155.
Simpson, James, 121.
Sims, James, 140.
Singellton, Benjamin, 156.
jSingleton, Matthew, 40, 47, 119, 160.
Sinkler, Peter, 156.
Sixth Regiment, 121, 135, 139, i6d.

173

Skirving, William, 6(2), 33, 104, 105,

106, 157.
Slann's Bridge, 47.
Slaves, 22, 41, 42, 48, 50, 55(2), 56,

59, 60, 61, 74, 123.
Small-pox, 11(2), 12, 35-36.
Smith, Benjamin, 156.
Smith, George, 80(2).
Smith, Josiah, Jr., 3, 4, 11, 36, 52, 70,

72, 75, 154, 155(2).
Smith, Philip, 8, u, 33^ IST-
Smfth, Rev. Robert, 4, 155.
Smith, Roger, 11, 33, 36, 39, 72, 75, S5,

108, 124, 142, 150, 151, 154.
Smith, Thomas, 140.
South Island, 147, 148.
Spartan election district, 45.
Speaker, 157.
Spragins, Nathaniel, 123.
St. Andrew's Parish, 4, 5^ 99, 157.
St. Bartholomew's Parish, 52, 122,

157.
St. David's Parish, 8, 11, 35, 40, 57,

100, loi, 105(2)^ 109, III, 112, 159.
St. George's Parish, Dorchester, 4,

156.
St. Helena's Parish, 4, 52, 158.
St. James's Parish, Goose Creek, 4,

52, 99, 156.
St. James's Parish, Santee, 4(2),

52(2), 75, 156.
St. John's Parish, Berkeley, 4, 155.
St. John's Parish, Colleton, 157.
St. Matthew's Parish, 39, 159.
St. Michael's Parish, 3, 52, 126, 154.
St. Paul's Parish, 4, 157.
St. Peter's Parish, 59, 158.
St. Philip's Parish, 3, 51, 52, 62, 63,

65, 72(2), 113, 126, 154.
St. Stephen's Parish, 156.
St. Thomas and St. Denis's Parish,

4, 50, 155.
Staten Island, N. Y., 17.
Staves, 21.
Steel, 67, 68.

Stobo, Richard Park, 4, 8, 33, 48, 157.
Stone, Benjamin, 33, 157.
Strother, William, 64, 160.
Stuart, John, 34(5), 41, 42(11),

48(3*), 54, 55(11), 56(8), 115.
Stuart, Mrs. John, 115.
Sugar, 116.
Sullivan's Island, 9, 13, 14, 90(3), 100,

114, 139, 147, 148.
Sumter, Thomas, 4, 134, 135, 160(2).
Swift (sloop), 115.
Taxes, 126(2), 128, 136.
Taylor, Thomas, 64, 160.
Tea, 10, 21, 29-31, 33, 37, 46, 56,

58, 62.
Tennent, Rev. William, 7, 11, 39, 45,

88, 89, 102, 103, 108, 109, 116, 151,

160.
Third Regiment, 139, 152.
Thomas, John, 7, 77 , 160; letter of to

President Rutledge, 68(2).
Thomas, William, 122.
Thompson, John, 79, 82, 84(2), 106,

116, 112.
Thompson, Richard, 79, 82, 84(2),

106, no, 112.
Thomson, Charles, 18(2), 21(2), 22,

24, 25, 29(2), 97.
Thomson^ William, 97.
Thread, 115, 126.
Timothy, Peter, 3, 4, 5(2), 154(2),

155(2) ; resignation of Clerkship

of General Assembly by, 4-5.
Toomer, Anthony, 85, 140, 154.
Toomer, Joshua, 4, 6(4), 15, 52, 77*

133(2), 155(2).
Townsend, Paul, 58, 122, 154.
Trade, 20, 21, 22, 23, 66, 67, 128, 145.
Trapier, Paul, Jr., 34, 41, in, 135(3),

158; artillery company of, 124.

(See also George Town).
Treason, 25.
Treasury, 36, 38(2), 47, 58, 75, 77,

85, 86(2), 113, 114, 115, 116, 118,

124-130, 130, 152; commissioners to

take a state of, 38-39, 124-130;

commissioners of the, 39, 43, 45(2),

56, 72, 108, 113, 115, 122, 123, 129,

130, 131(2), 143, 152(2), 156.
Tucker, Thomas, 41, 157.
Tucker, William, 120(2), 159(2).
Tunno, John, 121.
Turner, John, 160.