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PROPERTY OF 




Muries\ 



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A R T E S SCIENTIA VERITAJ 



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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.