Extracts from the journals of the Provincial Congress of South-Carolina. Held at Charles-Town, February 1st, 1776. : Published by order of the Congress.

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Extracts from the journals of the Provincial Congress of South-Carolina. Held at Charles-Town, February 1st, 1776. : Published by order of the Congress.
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South Carolina. Provincial Congress.
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South-Carolina: Charles-Town, :: Printed by Peter Timothy,
M,DCC,LXXVI. [1776].
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"Extracts from the journals of the Provincial Congress of South-Carolina. Held at Charles-Town, February 1st, 1776. : Published by order of the Congress." In the digital collection Evans Early American Imprint Collection. https://name.umdl.umich.edu/N11953.0001.001. University of Michigan Library Digital Collections. Accessed May 9, 2025.

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Page [unnumbered]

At the Second Session of the Second PRO|VINCIAL CONGRESS of South-Carolina, begun and holden at Charles-Town, on Thursday the 1st of February, 1776.

The Honourable Captain WILLIAM-HENRY DRAYTON, as President, Having taken the Chair, AND the bad weather having prevented the attendance of a sufficient number of mem|bers to proceed upon business, Mr. President adjourned the Congress to ten o'clock to-morrow morning.

In CONGRESS. FRIDAY, FEBRUARY 2, 1776.

The Congress met according to adjournment.

The resolution of a Committee for a district between Broad and Enoree rivers, appointing John Thomas, jun. Esq to be an additional represen|tative for that district, being presented, as a re|turn, and read:

RESOLVED, That, upon examining the said re|solution, it appears, that the said John Thomas,

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jun. has not been so elected, as to intitle him to a seat in the present Congress.

ORDERED, That the Committee for the lower district in the Fork between Broad and Saludy ri|vers, not having yet returned any members to re|present the same in the present Congress, do cause three members to be elected, in the usual form and manner, and after due notice given, as en|joined by a resolution of this Congress of the 29th of November last.

The Honorable Henry Middleton and John Rutledge, Esqrs. two of the Delegates of this colony to the Continental Congress, being lately returned from Philadelphia, and being in their places as members of this Congress, presented a manuscript copy of the journals of the present session of the Continental Congress.

RESOLVED, That the journals of the present session of the Continental Congress, presented by the Hon. Mr. Middleton and Mr. Rutledge, be read in this Congress.

And the journals of the Continental Congress were read accordingly, from the 10th day of May 1775, to the 29th day of June following, inclu|sive.

RESOLVED, That this Congress do sit, to do bu|siness, from nine o'clock in the morning to three in the afternoon, every day.

Adjourned to nine o'clock to-morrow.

Page 5

In CONGRESS. SATURDAY, FEBRUARY 3, 1776.

The Congress met,

And yesterday's journal was read.

Mr. Harrington having delivered in a special re|turn, of this date, addressed to the President of the Congress, which was read, and is as follows:

SIR,

CLAUDIUS PEGUES, Esq one of the six de|puties duly elected to represent the parish of St. David in Congress, signified by letter, addressed to the Committee of the said parish, that he declined serving the said parish in Congress: He delivered the letter to me, to lay before the Committee, who were not to meet till the 19th of last month; and as the Congress were to sit on the 1st instant, I, as church-warden, and not recollecting the re|solve of the last Congress relative to elections, advertised the 23d of January, as a day of election for a deputy to Congress, instead of Mr. Pegues, when it appeared that William-Henry Mills had a majority of votes, of which I acquainted him by letter.

I am, Sir, Your most obedient humble Servant, HENRY-WILLIAM HARRINGTON.

Charles-Town, February 2, 1776.

RESOLVED, That a member of Congress can|not resign his seat, during the continuance of the

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Congress in which he took his seat as a member; and therefore as Claudius Pegues, Esq could not decline his seat in the present Congress, the elec|tion of William-Henry Mills, Esq as a member of Congress, in the room of Claudius Pegues, Esq was null and void.

ORDERED, That for the more expeditious pub|lication of the proceedings of Congress, Col. Laurens, Mr. Bee, and Mr. Thomas Heyward, jun. be a Committee to extract from the journals, and send to the press from day to day, such parts thereof as are proper to be made public; and to cause a sufficient number of copies to be printed for the use of the members.

Col. Laurens, President of the Council of Safety, reported, That a packet of very interesting intel|ligence, had this morning been received by that Board, by express from Philadelphia, which they were ready to lay before the Congress, if it should be their pleasure.

ORDERED, That the contents of the said packet be immediately laid before the Congress and read.

The following were accordingly read, viz.

Letter from the Delegates of this colony in the Continental Congress, dated Philadelphia, January 2, 1776—inclosing the following copies of inter|cepted letters, certified by Charles Thomson, Se|cretary to the said Congress:

From Lord William Campbell, Governor of this colony, to General Gage, in Boston, dated Re|bellion-Road, September 20, 1775.

Page 7

From John Moultrie, Esq Lieutenant-Governor of East-Florida, to Col. James Grant, in Boston, dated St. Augustine, October 4, 1775.

From Frederick-George Mulcaster, Esq Engi|neer at St. Augustine, to Col. Grant, containing a draught of this harbour, and plan of this town, with references and remarks, dated St. Augustine, October 3, 1775.

Two from John Stuart, Esq the King's Superin|tendant of Indian affairs in the Southern district of North-America▪ both addressed to General Gage, and dated St. Augustine, October 3, 1775 —one of them inclosing copy of a talk from the Cherokee Indians, to Alexander Cameron, Esq one of Mr. Stuart's Deputies, delivered at Choté, August 8, 1775.

From Major Jonathan Furlong, to General Gage, dated St. Augustine, October 5, 1775.

Extract from Patrick Tonyn, Esq Governor of East-Florida, to General Gage, dated St. Au|gustine, Sept. 14, 1775.

Extract from Frederick-George Mulcaster, Esq to Colonel Grant, dated St. Augustine, Sept. 29, 1775.

The originals having been taken, by Captain Manley, of the Continental armed scooner Lee, within a few hours sail of Boston, in a sloop that was, at the same time, conveying Moses Kirkland to General Gage, after having first carried him to Lord Dunmore, in Virginia.

Page 8

RESOLVED, That it is expedient and necessary, that the lady and daughter of John Stuart, Esq be restrained from absenting themselves from his house in Charles-Town.

ORDERED, That proper guards be immediately placed, and continued, about the house of the said John Stuart, to prevent such absenting; and that Col. Moultrie do place guards accordingly.

ORDERED, That Capt. William Cattell, and Capt. Benjamin Huger, two members of this Congress, do wait on Mrs. Stuart, previous to the placing guards as aforesaid, and acquaint her of the order.

RESOLVED, That no property whatever of the Hon. John Stuart, the King's Superintendant of Indian affairs for the Southern district of North-America, or of his brother Henry Stuart, lying or being in any parish or district within this colony, be removed from thence upon any pretence.

ORDERED, That the Committees in such pa|rishes or districts repectively, where such property may be, do take the most effectual measures to prevent any removal thereof.

ORDERED, That Col. Powell, and Col. Ri|chardson, be desired to make inquiry what men from their respective regiments of militia, and from such other country militia as are now in town, are willing to engage to remain here on pay for a given time.

Page 9

ORDERED, That the Secretary do now proceed in reading the journals of the Continental Con|gress.

And the said journals were read accordingly to the 19th of July, 1775, inclusive.

Adjourned to Monday nine o'clock.

In CONGRESS. MONDAY, FEBRUARY 5, 1776.

The Congress met.

And the journal of Saturday was read.

Capt. Benjamin Huger reported, that he, with Capt. Cattell, had on Saturday, agreeable to order, waited on Mrs. Stuart, and her daughter Mrs. Fen|wicke, and acquainted them with the order of Con|gress respecting their persons. That Mr. Fenwicke requested, it might be represented to the Congress, that as his wife was in an ill state of health, and required air and exercise, he might have permission to remove her into the country; and that he would be answerable for her appearance at any time, agreeable to the order of Congress or Council of Safety: And that Mrs. Stuart also requested of the Congress, permission to accompany her daugh|ter to John's Island.

RESOLVED, That Mr. Fenwicke have leave to take his wife into the country; he being answer|able, that she shall not depart the colony, and for

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her appearance at any time, agreeable to the order of Congress or Council of Safety.

ORDERED, That no person whatever be suffered to visit Mrs. Stuart, without leave from Col. Moultrie, or the commanding officer for the time being, signified by an introduction by an officer ap|pointed by him for that purpose: And that if Mrs. Stuart shall at any time have occasion to go abroad, with the permission of Col. Moultrie, or the com|manding officer for the time being, she shall do so, attended by an officer to be appointed for that purpose.

ORDERED, That the Secretary do proceed in reading the journals of the Continental Congress,

And the said journals were read accordingly, to the 18th day of October last, inclusive.

Col. Powell, and Col. Richardson, reported, That having made some inquiry, they were of opinion, that one hundred and fifty men from each of their regiments, may be induced to remain in Charles-Town for the term of one month ensuing, provided proper care be taken of their horses.

ORDERED, That a return be made, as soon as may be, of all the country militia now in Charles-Town.

The following letter was written to the Com|mittees of the parishes of St. Bartholomew and St. Helena, and of Charles-Town respectively:

Page 11

By Authority of Congress. To the Committee for the parish of

GENTLEMEN,

I Have the honor to transmit to you a resolution of Congress, respecting the estates and property of John Stuart and Henry Stuart; which without doubt you will cause to be duly observed: And that you may be at no loss, in what manner to pro|ceed, I do also signify to you, that it is the sense of the Congress, that, if you shall be of opinion you cannot prevent the removal of any part of the property to be restrained, but by taking such part into your custody, you ought, on the part of the public, to take such part into your custody, and to acquaint the Congress or Council of Safety thereof.

I have the honor to be, Gentlemen, Your most humble Servant, WILLIAM-HENRY DRAYTON, President.

Charles-Town, Feb. 5, 1776.

Adjourned to nine o'clock to-morrow.

In CONGRESS. TUESDAY, FEBRUARY 6, 1776.

The Congress met.

And the journal of yesterday was read.

RESOLVED, That the Council of Safety do forth|with cause the Marsh and Hog-Island creek channels, in Charles-Town harbour, to be so effectually stop|ped▪ as to prevent the passage of ships of war

Page 12

through either. And that they do also cause such land-marks as they shall think proper, to be so re|moved or disguised, as to render the passage over the bar as difficult as possible.

RESOLVED, That three thousand bills, each of the denomination of fifty pounds, be stamped and signed, in lieu of thirty thousand bills, each of the denomination of five pounds, heretofore re|solved to have been stamped and signed.

ORDERED, That the commissioners formerly appointed, do cause the said three thousand bills, each of the denomination of fifty pounds, to be stamped, signed, and lodged in the Colony Trea|sury, with all possible dispatch.

The letter from Major Williamson, of the 29th past, read in Congress on the 3d inst. the conside|ration whereof had been postponed, was now again read.

And the following resolution and orders were passed in consequence thereof:

RESOLVED, That Patrick Cunningham, Hugh Brown, and Thomas Edghill, now in custody of Major Williamson, be forthwith sent to Charles-Town, to be committed to the common goal. That John York, Major Joseph Robinson, Capt. Hendricks, Henry O'Neal, and Euan M'Laurn, be also sent to Charles-Town, as soon as they can be taken and secured: and that Andrew Cunning|ham, John Evans, and William Evans, also in the custody of Major Williamson, may be dis|charged.

Page 13

ORDERED, That Col. Thomas do take proper measures for apprehending and securing John York above-mentioned.

ORDERED, That a letter be written to Major Wil|liamson, transmitting to him the resolutions of Con|gress, respecting the prisoners at Fort Charlotte; and ordering, that he do suspend the disarming the insurgents, until the Congress shall make fur|ther order thereon.

ORDERED, That Mr. Arthur Middleton, Major Pinckney, Col. Richardson, Major Mayson, Mr. Salvador, Mr. Rapley, Colonel Gervais, Colonel Thomas, and Mr. Woods, be, and they are here|by appointed, a Committee, to enquire into the state of the interior parts of the colony lately in commotion; to consider what measures are pro|per to be pursued, to preserve the peace and secure the safety, and to prevent future commotions therein; and also to consider of the cases of the state prisoners, and to report what measures might be pursued with respect to them.

RESOLVED, That Col. Powell, and Col Richard|son, do retain such of the men of their respective regiments now in town, and who may here|after arrive, as are or shall be willing to remain on duty here for one month respectively. That they do discharge the remainder of their detach|ments. And that the horses of such as shall so stay be sent home, and brought back, at the charge of the public.

RESOLVED, That a sum not exceeding twenty thousand pounds currency, be forthwith placed in

Page 14

the hands of Col. Richard Richardson, to be by him applied, to discharge the pay due to such of the men under his command, who were with him on the late expedition, as stand most immediate|ly in need thereof.

And a warrant was issued accordingly.

ORDERED, That all the absent members be summoned to attend their duty in Congress.

Adjourned to nine o'clock to-morrow.

In CONGRESS. WEDNESDAY, FEBRUARY 7, 1776.

The Congress met,

And the journal of yesterday was read.

Capt. Robert Patton, who had in August last been elected a member of Congress, for the district eastward of Wateree river, and in whose absence Mr. George Douglas was chosen to serve during the last session as a provisional representative, as stated in the proceedings of the 3d of November last, now attending, to take his seat.

ORDERED, That Capt. Robert Patton do take his seat, in the room of Mr. Douglas.

RESOLVED, That the expences of the horses belonging to the foot militia, now in Charles-Town, since their arrival, be defrayed by the public.

RESOLVED, That in lieu of making provision

Page 15

in future for the horses of detachments ordered to march on the public service, provision shall be made for waggons and carts, for the conveyance of the necessary baggage of such detachments, while in actual service.

A motion was made, that no member of this Congress shall, in future, be allowed to speak more than twice upon one question.

After some debate,

The question being put,

The Congress divided,

The yeas went forth,

Yeas
53
Nays
49

Teller for the yeas, Col. Pinckney.

Teller for the nays, Capt. William Cattell.

So that it was resolved in the affirmative.

RESOLVED, That every member of Congress, who shall hereafter fail to give his attendance at the hour of adjournment, shall be subject to a fine of twenty shillings currency.

RESOLVED, That Mr. Peter Bounetheau be, and he is hereby, appointed cashier to this Con|gress.

ORDERED, That the Secretary do proceed in reading the journals of the Continental Congress.

And the same were read accordingly to the end of the manuscript.

RESOLVED, That the absence of the members

Page 16

of Congress, who are officers of the militia in Granville County, and actually upon duty, be ex|cused.

Mr. President reported the following letter, which he had written by order:

By Authority of Congress. To Major ANDREW WILLIAMSON.

Charles-Town, February 6, 1776.

SIR,

I Transmit to you the determinations of Con|gress this day, relative to the prisoners at Fort Charlotte, which I make no doubt you will, with|out delay, endeavour to execute.

The Congress mean to take the most effectual measures to settle the state of the interior country, and to prevent, if it be possible, any future com|motions there: For this purpose, a Committee is appointed, to form a plan of proper measures: And, in the mean time, you are ordered to suspend the disarming the insurgents, until further order shall be made therein.

I have the honor to be, Sir, Your most humble Servant, WILLIAM-HENRY DRAYTON, President.

RESOLVED, That the members of the present Council of Safety, be a Committee to take into consideration the number of forces necessary to be raised, and kept in pay, for the service of this co|lony —and the resolution of the Continental Con|gress of the 4th day of November last, relative thereto.

Adjourned to nine o'clock to-morrow.

Page 17

In CONGRESS. THURSDAY, FEBRUARY 8, 1776.

The Congress met,

And the journal of yesterday was read.

RESOLVED, That Mr. President do signify the approbation of this Congress, and present their thanks, to the Hon. Henry Middleton, and John Rutledge, Esqrs. now present in Congress, and to the other Delegates of this colony at Philadel|phia, for their important services in the American Congress.

Mr. President accordingly addressed himself to the Hon. Mr. Middleton, and Mr. Rutledge, in nearly the words following:

GENTLEMEN,

When the hand of tyranny, armed in bostile man|ner, was extended from Great-Britain to spoil Ame|rica of whatever she held most valuable; it was, for the most important purposes, that the good people of this colony delegated you, to represent them in the Continental Congress at Philadelphia.—It became your business to ascertain the rights of America—to point out her violated franchises—to make humble representation to the King for redress—and— he be|ing deaf to the cries of his American subjects—to appeal to the King of Kings, for the recovery of the rights of an infant people, by the Majesty of Heaven formed for future empire.

In this most important business, you engaged, as became good citizens; and, step by step, you delibe|rately

Page 18

advanced through it, with a regret and sor|row, and with a resolution and conduct, that bear all the characters of ancient magnanimity. Your constituents, with a steady eye, beheld your progress. —They saw the American claim of rights—the asso|ciation for the recovery of American franchises— and the humble petition to the King, for redress of grievances.—They saw the American appeal to the King of Kings; and, a second humble petition to the British Monarch—alas!—as unavailing as the first.—They have also seen the establishment of an American naval force—a treasury— 〈◊〉〈◊〉 general post-office—and the laying on a continental embargo:—In short, they have seen permission granted, to colonies, to erect forms of government, independent of, and in opposition to, the regal authority.

Your country saw all these proceedings, the work of a body of which you were and are members—pro|ceedings arising from dire necessity, and not from choice—proceedings that are the natural consequences of the present inauspicious reign—proceedings just in themselves—and which, notwithstanding the late de|clarations of the corrupt houses of parliament—the proclamation at the court of St. James's, on the 23d of August—and the subsequent royal speech in par|liament, are exactly as far distant from treason and rebellion, as stands the glorious revolution which de|prived a tyrant of his kingdoms—and elevated the house of Brunswick to royalty.

Worthy Delegates! It is the judgment of your country, that your conduct, of which I have just marked the grand lines, in the American Congress,

Page 19

is justifiable before God and man, and that, what|ever may be the issue of this unlooked-for defensive civil war, in which, unfortunately, though glori|ously, we are engaged—whether independence or sla|very,—all the blood, and all the guilt, must be im|puted to British, not to American counsels. Hence your constituents, sensible of the propriety of your conduct, and of the benefits, which, with the blessing of the Almighty, it is calculated to shed upon Ame|rica, have constituted me, their instrument, as well to signify to you their approbation, as to present to you their thanks: and it is in the discharge of these duties, that I now have the honour to address you.

In an important crisis like the present, to receive the public thanks of a free people, is to receive the most honourable recompence for past services—and to deserve such thanks, is to be truly great. I know that it is with pain, such men hear their commenda|tions.—Gentlemen, with the public recompence, I mean to pay in to you, my mite also; and lest I wound your delicacy, when I mean only to do justice to your merit, I forbear to particularize, what is already well known: I therefore confine myself; and I do most respectfully, in the name of the Congress, present to you, and to each of you, the thanks of your country, for your important services, in the American Congress, at Philadelphia.

Col. John Lisle, elected one of the representa|tives for the district between Broad and Saludy Rivers, not having taken his seat during the late session, now attended, and declined serving.

A return was made of the following gentlemen

Page 20

as duly elected members of the present Congress, in the upper part of the district between Broad and Saludy Rivers, viz. Capt. John Caldwell, James Williams, John Williams, Jonathan Downs, John Rogers, John Lindsey, and John Caldwell, of Eno|ree, Esqrs.

And Messrs. John Williams and James Williams attending to take their seats.

ORDERED, That they do take their seats in Con|gress accordingly.

RESOLVED, That the Rev. Mr. Tennent, Mr. Prince, Col. Thomas, Col. Wofford, Mr. John Williams, Mr. James Williams, and Mr. Jonas Beard, be, and they are hereby, appointed a Com|mittee, to consider and report a proper division of the extensive district between Broad and Saludy Rivers, into three, and the number of members each division ought to have in Congress, to con|stitute a full representation.

RESOLVED, That the Committee appointed to inquire into the state of the interior parts of the colony, be authorized and impowered to send for persons, papers and records; and that such mem|bers of Congress who chuse so to do, may attend and give their opinions.

Mr. Edwards, from the Committee to whom the petition of the congregation of Particular Baptists in Charles-Town, had been referred, delivered in a report.

And the said report being taken into immediate consideration.

ORDERED, That James Brisbane be sent for to Charles-Town, to do justice to the petitioners.

Page 21

RESOLVED, That the present members of the Council of Safety, together with Mr. President of the Congress, Col. Powell and Major Pinckney, be, and they are hereby, appointed a Committee, to take into consideration the following resolution of the Continental Congress, of the 4th of November last, viz.

RESOLVED, That if the Convention of South|Carolina, shall find it necessary to establish a form of government in that colony, it be recom|mended to said Convention, to call a full and free representation of the people; and that the said Representatives, if they think it necessary, establish such form of government, as, in their judgment, will best produce the happiness of the people, and most effectually secure peace and good order in the colony, during the continu|ance of the present dispute between Great-Bri|tain and the colonies.

RESOLVED, That this Congress will make pro|vision for defraying the necessary expences of wag|gon hire, incurred on the late expedition under Col. Richardson.

Adjourned to eleven o'clock to-morrow

In CONGRESS. FRIDAY, FEBRUARY 9, 1776.

The Congress met,

And the journal of yesterday was read.

Col. Christopher Gadsden, one of the Delegates from this colony to the Continental Congress,

Page 22

having arrived last night, and being present in his place, as a member of this Congress, for Charles-Town.

RESOLVED, That the approbation of this Con|gress be signified to Col, Gadsden, for his conduct, and their thanks returned to him, for the impor|tant services he has rendered to his country, in the American Congress.

Mr. President signified the approbation, and re|turned the thanks, of this Congress, to Col. Gads|den, accordingly.

RESOLVED, That Col. Gadsden be added, to the Committee appointed on the 7th Inst. to take into consideration, the number of forces necessary to be raised and kept in pay for the service of this colony, and the resolution of the Continental Con|gress relative thereto of the 4th of November last; and also, to the Committee appointed yesterday, to consider the resolve and recommendation of the said Congress, respecting a form of government.

The Rev. Mr. Tennent, from the Committee to consider of a proper division of the distirict be|tween Broad and Saludy rivers, &c. delivered in their report.

And the said report being taken into immediate consideration, the Congress came to the following resolution thereupon:

RESOLVED, That the district heretofore de|scribed between Broad and Saludy Rivers, be now divided into three, as well for the convenience of electors of members of Congress, as on account of

Page 23

the happy influence which it may have upon the peace and union of the inhabitants. That the LOWER DISTRICT, commonly called the Dutch Fork, shall have the following boundaries, viz. from the Fork where Broad and Saludy Rivers meet, up Broad River to where Tyger River falls into Broad River; thence up said Tyger River, to the ford crossed by the old Saludy road; thence along the said road to where it crosses Saludy, at the place usually called Saludy Old Town; thence down to the confluence of Saludy and Broad Ri|vers: And that the election of Members of Con|gress for the said District, be held at the Meeting|house nearest to the house of Adam Somers. That the LITTLE RIVER DISTRICT be bounded as fol|lows: By Saludy River, from Saludy Old Town, to where the said river crosses the Indian Line; by the said Indian Line, to where it is crossed by Enoree River; thence down Enoree, to the road above described, which bounds the lower district: The election to be held at Hammond's Old Store. That the UPPER, or SPARTAN DISTRICT, be bounded by Tyger River, from its confluence with Broad River, up to where the said Tyger River is crossed by the old Saludy Road; thence by the said road to where it crosses Enoree; thence by the said Enoree River, to the Indian Line: thence by the Indian Line to the Colony Line; thence by the Colony Line to where it intersects Brond-river, thence by Broad-river to its conflu|ence with Tyger: The place of election to be at the Meeting-house, near the house of Joseph Kel|sey. And that the said districts, as now divided.

Page 24

be allowed, and do respectively elect four members of Congress, as their representatives.

ORDERED, That the above resolution be forth|with printed in hand-bills, and made public.

Col. Gadsden presented to the Congress an ele|gant standard, such as is to be used by the com|mander in chief of the American navy; being a yellow field. with a lively representation of a rat|tle-snake in the middle, in the attitude of going to strike, and these words underneath, " DON'T TREAD ON ME!"

ORDERED, That the said standard be carefully preserved, and suspended in the Congress room.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SATURDAY, FEBRUARY 10, 1776.

The Congress met,

And yesterday's journal was read.

Col. Laurens, from the Committee, to whom was referred the resolution of the Continental Congress of the 4th of November last, respecting a form of government, reported.

RESOLVED, That the said report be now taken under consideration, by a Committee of the whole.

The Congress accordingly resolved itself into a Committee of the whole.

After some time spent therein, Mr. President resumed the Chair,

Page 25

And the Rev. Mr. Tennent, from the Com|mittee of the whole, reported, That they had gone through the report referred to them, and agreed to the same, without any alteration, to wit,

"That in their opinion, the present mode of conducting public affairs, is inadequate to the well governing the good people of this colony: That many regulations are wanting, for securing peace and good order, during the unhappy disputes be|tween Great-Britain and the colonies: And that the Congress should immediately take under con|sideration, what regulations are necessary for these good purposes."

RESOLVED, That the said report be taken into consideration to-morrow.

RESOLVED, That the Council of Safety be au|thorised to order payment of constables fees em|ployed in the public service.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SUNDAY, FEBRUARY 11, 1776.

The Congress met.

And the journal of yesterday was read.

The Rev. Mr. Tennent, having performed Di|vine Service, received the thanks of the Congress.

The Congress then proceeded upon the order of the day.

Page 26

And the report of the Committee of the whole, being gone through, the same was unanimously agreed to.

RESOLVED, That a Committee of eleven mem|bers, be chosen by ballot, to prepare and report, to this Congress, such a plan or form of govern|ment, as will best produce the happiness of the people, and most effectually secure peace and good order in the colony, during the continuance of the present dispute between Great-Britain and the co|lonies.

RESOLVED, That the ballots of the members, for the said Committee, be received at five o'clock this afternoon.

Adjourned to five o'clock in the afternoon.

In CONGRESS. SUNDAY, FEBRUARY 11, 1776, P. M.

The Congress met.

The Congress then proceeded to ballot, for the members of the Committee, to prepare a plan or form of government.

And the following gentlemen were, by Mr President, declared duly elected, by a majority of votes, viz.

  • Major Charles-Cotesworth Pinckney,
  • John Rutledge, Esq
  • Col. Charles Pinckney,
  • Col. Henry Laurens,
  • ...

Page 27

  • Col. Christopher Gadsden,
  • Hon. Rawlins Lownde,
  • Arthur Middleton, Esq
  • Hon. Henry Middleton,
  • Thomas Bee, Esq
  • Thomas Lynch, jun. Esq
  • Thomas Heyward, jun. Esq.

Adjourned to nine o'clock to-morrow.

In CONGRESS. MONDAY, FEBRUARY 12, 1776.

The Congress met.

And the journal of yesterday was read.

RESOLVED, That no guns be fired in or about Charles-Town, without permission from the pro|per officers; and that public notice hereof be im|mediately given.

RESOLVED, That whosoever shall presume to vi|olate the above Resolution, shall be subject and liable to a fine of five pounds current money, for every gun so fired; to be recovered before any three members of the Charles-Town Committee, two of whom shall be a quorum.

ORDERED, That the Secretary do cause the above resolutions to be forthwith printed, and made public, in hand bills, and by beat of drum.

ORDERED, That the Rev. Mr. Tennent, Col. Fuller, Capt. Shubrick, Capt. Lynch, and Capt. Harrington, be a Committee, to consider and re|port

Page 28

the best method for promoting the manufac|tory of salt petre in this colony.

ORDERED, That Richard Rapley, Esq be a commissioner, for stamping and signing the money issued by resolution of Congress, of the 14th of June last, in the room of Theodore Gaillard, jun. Esq.

ORDERED, That Capt. Roger Smith, Mr. Ed|wards, Capt. Gillon, Mr. Kershaw, Mr. Hall, Capt. Harrington, Mr. Corbett, Col, Gervais, and Mr. Dupont, be a Committee, to inquire and report the quantity of flour now in the colony; how much will be requisite for the subsistence of the inhabitants and troops; and to consider and report proper ways and means for supplying the colony with salt, sugar, rum, and other necessa|ries of life, at reasonable rates; and also the causes of, and remedies for, the present impositions upon the public, in the high advance in price upon the necessaries of life, and all kinds of commodities and labour.

Read a continuation of the proceedings of the Continental Congress, presented by Col. Gadsden, to the time of his leaving Philadelphia.

ORDERED, That Col. Gadsden, Capt. Shubrick, and Capt. Gillon, be a Committee to examine a ship now on the stocks, at Capt. Cochran's; and to report whether, it is a proper vessel to be purchas|ed and armed in the colony service.

RESOLVED, That every member of Congress be intitled, during the present session, for his actual

Page 29

attendance therein, on the service of the colony, to the allowance of forty shillings currency per diem; upon application to the Treasurers during the sitting thereof, or within three days after.

RESOLVED, That every member of Congress, who shall, during the present Session, absent himself from the service thereof, without leave first had and obtained, shall be sent for at his own expence.

Adjourned to eleven o'clock to-morrow.

In CONGRESS. TUESDAY, FEBRUARY 13, 1776.

The Congress met.

And the journal of yesterday was read.

A petition of Henry Aitkin, master of the ship Port-Henderson, and Nathaniel Russell, of Charles-Town, merchant, was presented and read.

ORDERED, That the said petition be taken into consideration to-morrow.

RESOLVED, That Mr. President do issue his warrant, for immediately committing to Charles-Town goal, the body of William Guest, charged with practices, inimical to, and destructive of, the peace of this colony.

And a warrant was issued accordingly.

ORDERED, That Mr. De Saussure, Col. Ger|vais, and Mr. Salvador, be a Committee to ex|tract such parts, as they shall judge proper to be

Page 30

made generally known, from the intercepted let|ters lately taken from Moses Kirkland, and laid before this Congress on the 3d inst. and also from a letter formerly written by John Stuart, Esq to the Committee of Intelligence, dated _____ _____ 1775. And that the Secretary do cause copies of such extracts, certified by him, to be forwith printed and published.

RESOLVED, That the Council of Safety be au|thorised to pay to Capt. Thomas Brandon, all rea|sonable charges, for having apprehended and brought to Charles-Town, persons taken in criminal prac|tices; and also to order payment of reasonable charges for other similar services.

Adjourned to ten o'clock to-morrow.

In CONGRESS. WEDNESDAY, FEBRUARY 14, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress being informed, that Joseph Woods, Esq one of the members for the New-Acquisition, had this morning departed this life.

ORDERED, That the members of Congress do attend the funeral of the said Mr. Woods, in form, at five o'clock this afternoon: And that Col. Neel, Col. Gervais, Mr. Brown, and Mr. Weyman, be a Committee to conduct the same.

Col. Tacitus Gaillard, elected one of the repre|sentatives

Page 31

of the parish of St. Matthew, not hav|ing taken his seat the last session, now attended, and declined serving.

ORDERED, That four hundred and fifty pounds weight of gun-powder, borrowed from Augusta, by Capt. Le-Roy Hammond, for the public ser|vice, be repaid.

A motion was made, That this Congress do or|der payment of certain expences, amounting to two hundred and thirty-four pounds, incurred by a detachment of militia, under the command of Major Hicks, lately marched to this town, for camp utensils, and other articles.

A debate ensued,

And the question being put,

It was carried in the negative.

Read a letter from the Committee at Beaufort, dated Feb. 11, 1776, relative to the shippers of the cargo on board the brigantine William, Capt. Mercier, detained there.

ORDERED, That the said letter, with the papers that were inclosed, be referred to the Council of Safety; and that they do report thereon.

Mr. De Saussure, from the Committee, to whom was referred the petition of John Ellis, report|ed.

And the said report being taken into considera|tion.

Page 32

RESOLVED, That the money lodged in the co|lony treasury, for the purchase of a cargo of rice, sold by Philip Tidyman, to John Ellis and Tho|mas Todd, the 30th of November last, and by them, since sold to Capt. Alexander Gillon, be retained in the said treasury, until the further de|termination of this Congress.

ORDERED, That the determination on the prayer of the petitioner to be permitted to depart the colony, be postponed.

On motion, The following, resolution was unani|mously agreed to:

Whereas the Continental Congress, on the first day of November last, prohibited exportation from the United Colonies, until the first day of March next: And whereas by reason of the distance of several of those colonies from Philadelphia, the resolution of the said Congress, relative to ex|portation after that day, may not be known for some time: And it may be injurious to the com|mon cause of America, if exportation should be permitted in any colony, before such resolution shall be known there.

RESOLVED, That the said prohibition shall con|tinue, and be of force in this colony, until the first day of May next, unless an authentic account of the determination of the Continental Congress, relative to exportation, after the said first day of March, shall be sooner received and published by the Council of Safety.

Page 33

ORDERED, That the foregoing resolution be forthwith printed in hand bills and made public.

ORDERED, That Mr. President do transmit a copy of the foregoing resolution to the Conven|tions of Georgia and North-Carolina, recommend|ing, that those colonies do pass one similar thereto; and to our Delegates at Philadelphia, desiring them to give the Council of Safety the earliest in|telligence of the proceedings of the Continental Congress on this subject.

ORDERED, That Mr. President's Letter to Georgia be forwarded by a Committee of two gen|tlemen, to be delegated to make all possible re|presentation to induce that colony to come into a similar resolution.

RESOLVED, That orders be forthwith issued to the Committees of parishes and districts where va|cancies have happened, by the death of members, or persons elected refusing to serve, to order elec|tions for filling up such vacancies.

Orders accordingly were issued in the form follow|ing to the Committees of the parishes of St. Philip and St. Michael, Charles-Town; St. George, Dorches|ter; and St. Matthew, for the district of Ninety-Six, for the district in the Fork between Broad and Saludy Rivers, and for the district called the New Acqui|sition, respectively, for filling up a vacancy in each, in the room of Miles Brewton and William San|ders, Esqrs. deceased, Tacitus Gaillard, John Lisle and Champness Terry, Esqrs. who had de|clined serving, and Joseph Woods, Esq deceased.

Page 34

In Congress, Feb. 14, 1776.

ORDERED, That the Committee for the parish of _____ _____ do forthwith give due and sufficient public notice to the inhabitants of the said parish, who have a right to vote, to assemble at the parish church, on a day to be by them appointed, then and there to proceed, by ballot, to the choice of a member to represent them in the present Congress, in the room of _____ _____ _____ _____ and that the said Com|mittee do make a due return of the said election as soon as may be.

ORDERED, That the Committee for the parish of St. John, in Berkley County, do forthwith make a return of the member of Congress, said to have been elected for that parish, in the room of James Ravenell, Esq who had declined serving, and that they do notify to said member to give his attendance.

Adjourned to nine o'clock to-morrow.

In CONGRESS. THURSDAY, FEBRUARY 15, 1776.

The Congress met,

And the journal of yesterday was read.

A petition of Joseph Buffington, was presented and read.

ORDERED, That the said petition be referred to the following Committee, viz. Col. Powell, Col. Thomas, Col. Richardson, Major Hender|son, the Rev. Mr. Tennent, Mr. Kershaw, Doctor Farrar, and Mr. Prince.

Page 35

Capt. Shubrick, from the Committee to exa|mine a ship now on the stocks at Capt. Cochran's, reported, That having examined the said ship ac|cording to order, they found her every way unfit to be equipped, as a ship of war, in the colony service.

RESOLVED, That a Committee be appointed to consider and report the best means, and an estimate of the expence, of building, with the utmost dis|patch, two frigates, for the service of this colony, each to mount thirty-two guns on one deck: and also to consider and report the expediency of sta|tioning armed vessels to protect the navigation of Beaufort and George-Town harbours.

ORDERED, That Capt. Shubrick, Capt. Gillon, Col. Powell, Mr. Edwards, Doctor Farrar, Major Mayson, and Capt. Joiner, be a Committee for the above purposes.

Read a petition of John Sigell, steward to Lord William Campbell, of this date.

ORDERED, That the said petition be referred to the following Committee, viz. Mr. Jacob Motte, Capt. Benjamin Huger, Capt. Hammond, Mr. Elias Horry, and Mr. John Parker: And that the said Committee do also consider and report, what may be proper to be done with the effects of Lord William Campbell, and a trunk of books belonging to James Trail; both having withdrawn themselves from this colony on board the Cherokee

Page 36

ship of war—the latter, after having been enjoined▪ by the General Committee, not to go out of the limits of Charles-Town.

RESOLVED, That the Hon. Rawlins Lowndes, Esq Col. James Parsons, and Capt. Thomas Sa|vage, be delegated to proceed forthwith to Sa|vannah, to make proper representations to induce that colony to co-operate with this, in paying the strictest obedience to all the resolves of the Con|tinental Congress, particularly that relative to non-exportation; and to urge the necessity of ex|tending the non-exportation to the first day of May next.

Mr John Rutledge, acquainted the Congress, that it was with the utmost concern he found him|self obliged to request, that they would dispense with his attendance in the Continental Congress in fu|ture; that he had many weighty reasons which rendered his request proper; but above all, that as the American dispute was now agitated by arms, he was certain he could be of more service to his country, and the common cause, at home than a|broad; and that therefore he earnestly desired they would grant his request. He also acquainted the Congress, that his brother (Edward Rutledge, Esq) from very urgent motives, requested to be recalled.

RESOLVED, That this Congress will to-morrow proceed to the choice of Delegates, to represent this colony in the Continental Congress, by ballot.

Adjourned to ten o'clock to-morrow.

Page 37

In CONGRESS. FRIDAY, FEBRUARY 16, 1776.

The Congress met,

And the journal of yesterday was read.

The Hon. Henry Middleton arose, declared his sensibility of, and thankfulness for, the honour that had been conferred upon him, in his appointment as a Delegate from this colony to the Continental Congress; and that no man had better wishes, or would go greater lengths, to serve his country, than himself; but that, as the infirmities of age, which were creeping on, deprived him of the ability of rendering so much service to the public, as in his earlier days, he might have done; so he requested that the Congress would not again appoint him as a Delegate to the Continental Congress, in the choice now to be made.

Mr. John Rutledge, from the Committee to take into consideration the number of forces ne|cessary to be raised and kept in pay, for the service of this colony, and the resolution of the Conti|nental Congress, on the 1st day of November last, relative thereto, delivered in a report.

ORDERED, That the said report be taken into consideration to morrow.

On motion, That the number of Delegates, from this colony, to the Continental Congress, be now ascertained.

RESOLVED, That five delegates be chosen, to represent this colony in the Continental Congress.

Page 38

RESOLVED, That the said five Delegates be chosen to serve for one year.

A motion was made, That the majority of the Delegates, present in Philadelphia, shall be a Quo|rum; and that when, by sickness or accident, only one Delegate shall be present in Congress, in such case, such Delegate shall give his voice on the part of the colony.

A debate ensued,

And the question being put, it was

Resolved in the affirmative.

RESOLVED, That the ballots, for delegates to the Continental Congress, be received at five o'clock this afternoon.

RESOLVED, That Sergeants of militia in future, while in actual service, be allowed a pay of twelve shillings and sixpence currency per day, and Cor|porals, in the like case, eleven shillings and three pence.

Adjourned to five o'clock in the afternoon.

In CONGRESS. FRIDAY Evening, FEBRUARY 16, 1776.

The Congress met.

Mr. President laid before the Congress, the fol|lowing copy of the letter which he had written and sent express, by their order, to the colony of Georgia.

Page 39

South-Carolina, Charles-Town, February 15, 1776. By Authority of Congress. To the Honourable the Congress of Georgia.

GENTLEMEN,

I Have the honour to inclose to you the copy of a resolution of Congress, extending the resolu|tion of the Continental Congress on the first of November last, prohibiting exportation from the United Colonies; and I have it in charge to re|commend to you, in the strongest terms, that your colony should form a similar resolution.

It is thought so absolutely necessary for the wel|fare of America, that Georgia, form a similar reso|lution; and we have this point so much at heart, that the Congress have delegated the Hon. Raw|lins Lowndes, Col. Parsons, and Thomas Savage, Esq to repair forthwith to Savannah, to make all possible representation to induce your co-operating with us in so salutary a step.

These gentlemen mean to set out to-morrow or next day, and their speedy departure renders it un|necessary for me to add any thing more, to give weight to the recommendation in question.

I have the honour to be, Gentlemen, Your most humble Servant, WILLIAM-HENRY DRAYTON, President.

The Congress then proceeded to ballot for the Delegates to the Continental Congress.

Page 40

And the ballots being reckoned, it appeared, and Mr. President declared, that THOMAS LYNCH, JOHN RUTLEDGE, EDWARD RUTLEDGE, ARTHUR MIDDLETON, and THOMAS HEYWARD junior, Esqrs. were, by majority of votes, duly elected.

Whereupon the Congress

RESOLVED, That Thomas Lynch, John Rut|ledge, Edward Rutledge, Arthur Middleton, and Thomas Heyward, jun. Esqrs. be, and they are hereby appointed, and fully authorized, to repre|sent this colony in the Continental Congress, for one year next ensuing.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SATURDAY, FEBRUARY 17, 1776.

The Congress met,

And yesterday's journal was read.

Mr. Corbett, from the Committee to whom was referred the petition of Capt. Aitken and Mr. Rus|sel, delivered in a report.

ORDERED, That the consideration thereof be postponed.

A motion was made, that Benjamin B. Boote, Esq being a person whose going at large may en|danger the public safety, be committed to close confinement.

RESOLVED, That Benjamin B. Boote, Esq be forthwith committed to close confinement in the common gaol of Charles-Town.

Page 41

ORDERED, That Mr. President do issue his warrant for that purpose.

ORDERED, That Mr. President do forthwith, by letter, acquaint the Council of Safety at Salis|bury, with the present situation of Messrs. Dunn and Boote, and desire their further directions.

Mr. President, of the Council of Safety, laid before the Congress, letters received by that board,

From the Provincial Congress of Georgia, dated Sa|vannah, 12th instant, relative to the hostile ar|mament assembled there.

From Capt. John Allston, of the Volunteer Com|pany of Foot Rangers, dated 15th instant, rela|tive to the original establishment of the said com|pany, —and referred to Congress. And,

From Doctor Chalmers, relative to the ill state of health of Mrs. Stuart, and the necessity of her taking air and exercise—also referred to Congress.

Which were severally read.

ORDERED, That the consideration of Capt. Allston's letter be postponed.

RESOLVED, That Mrs. Stuart be allowed to take necessary air and exercise, upon the terms proposed in Doctor Chalmers's letter, that is, ac|companied by Mr. Fenwicke or the Doctor, and they being responsible for her appearance when|ever called for.

Notice was given to the Congress, that the contract for supplying the colony forces with pro|visions, would expire on the 29th instant.

Page 42

The Congress then proceeded upon the order of the day.

After some time spent in debate,

A motion was made, that the further conside|ration of the report on the number of forces ne|cessary to be raised, and kept in pay, for the service of this colony, be postponed.

A debate ensued,

And the question being put,

Resolved in the affirmative.

A motion was then made, that this Congress do now resolve, that three battalions of Infantry be forthwith raised, upon the Continental establish|ment, agreeable to the powers vested, by the Continental Congress, in this colony.

After some debate,

The question was put,

And passed in the negative.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SUNDAY, FEBRUARY 18, 1776.

The Congress met,

The Rev Mr. Turquand, by desire, performed Divine Service.

And the thanks of the Congress were returned to that gentleman.

The journal of yesterday was read.

Page 43

RESOLVED, That Benjamin Booth Boote, Esq be supplied with all proper necessaries and accom|modation in his present confinement, and that he be allowed the liberty of the garden belonging to the gaol, in the day time only.

RESOLVED, That Michael Kalteisen, Esq be appointed to the office of commissary of military stores for the regular forces.

ORDERED, That Col. Powell, Col. Pinckney, Col. Richardson, Col. Bull, Col. Thomas, Col. Wofford, Col. Neel, Col. Horry, Major May|son, Major Kershaw, Capt. Hammond, Capt. Harrington, Capt. Maham, Capt. Vanderhorst, and Capt. William Skirving, be a Committee, to consider and report, the number of country, mi|litia that ought to supply the place of the detach|ments to be discharged on the first day of March next, and in rotation, to do constant duty, in and near Charles-Town; also the most effectual means to oblige such of the inhabitants of Charles Town, as are liable to bear arms, and are absent, to re|turn to town; also the best division of the country militia, into battalions, where such division is ne|cessary; and also, such measures as may, in their opinion, be necessary to render the militia most serviceable to the public.

ORDERED, That Mr. Edwards, Capt. Roger Smith, Mr. Corbett, Mr. Dupont, Mr. Robert-William Powell, Mr. Hall, Capt. Leger, Mr. Theodore Gaillard, jun. and Mr. Elias Horry, be a Committee, to receive and examine such public accounts, as may be referred to them, by the

Page 44

Congress or Council of Safety; and to report their opinion thereon, to the Congress or Council of Safety, as soon as possible.

A motion was made, that the Council of Safety, in order that they may be enabled to devote the more of their time to the immediate objects of their appointment, do set apart, a particular day in each week, for the particular purpose of de|termining on public accounts.

After some debate,

The previous question was moved for,

And being put,

It was resolved in the affirmative.

But the main question being then waved;

RESOLVED, That the Council of Safety shall only twice in the week be liable to be called upon to pay public accounts.

Adjourned to nine o'clock to-morrow.

In CONGRESS. MONDAY, FEBRUARY 19, 1776.

The Congress met,

And the journal of yesterday was read.

Mr. President laid before the Congress, the copy of a letter which he had yesterday written by their order, relative to the present situation of Mess. Dunn and Boote, viz.

Page 45

South-Carolina, Charles-Town, Feb. 18, 1776. By Authority of Congress. To the Committee of Safety, for Salisbury, North-Carolina.

GENTLEMEN,

MR. Dunn and Mr. Boote, who were sent pri|soners from your colony to this, have repeat|edly made applications to our public assemblies for their discharge. In our last session of Congress, they presented a petition and remonstrance to the same effect, which the Congress referred to your judgment, and I inclosed the prayer of the petition in the following letter, addressed to you. The letter was delivered to Mr. Boote, who undertook to forward it.

Gentlemen, I have the honour to inclose to you, an extract of the prayer of a remonstrance and petition, which has been by Mr. Dunn and Mr. Boote, presented to the Congress of this colony, in their last session. These gentlemen, in their remonstrance and peti|tion, declared, they did not mean, and never would relinquish, any right of action at law▪ which they may have against those gentlemen, who were the immediate cause of their being sent prisoners into this colony. The Congress would not make any other order upon the remonstrance and petition, than that, it should be referred entirely to your judgment.—Jan. 10, 1776.

Mr. Dunn, is now a prisoner upon his parole; and Mr. Boote, is a prisoner in the common gaol

Page 46

in this town, he being, of the two, thought to be, by much, the most dangerous person.

The Congress have directed me to acquaint you with the situation of these gentlemen, requesting that you will signify your sentiments to me there|upon.

I have the honour to be, Gentlemen, Your most humble Servant, WILLIAM-HENRY DRAYTON, President.

Mr. President, of the Council of Safety, laid before the Congress, an account of Mr. John Champneys, one of the commissioners for receiv|ing and selling rice, on the public account.

And the said account being immediately taken under consideration, the Congress disallowed the following charges therein:

For his commission on the pur|chase of rice,
£.183 2 6
Commission on selling,
399 1 11

ORDERED, That the Committee on public ac|counts, do ascertain the quantity of rice sold out by retail, by said Mr. Champneys, and report the commission proper to be allowed thereon. And that the charge of five hundred pounds in said account, for damages sustained, be referred to

Page 47

the Committee on Mr. Thomas Singleton's peti|tion.

RESOLVED, That the Committees in the several parishes and districts, throughout the colony, ought, and they are hereby required, strictly to execute the resolution of the Congress in Ja|nuary, 1775, to prevent the removal of the ef|fects of any debtors out of the colony, without the knowledge or consent of their creditors.

RESOLVED, That at least one thousand men from the country militia, are necessary for the im|mediate defence of Charles-Town.

Capt. John Allston's letter, of the 15th inst. being taken into consideration.

RESOLVED, That the resolution of Congress, of the 27th of November last, relative to Capt. Allston's Indian company of Foot Rangers or Ro|vers, be made void; and that the said company be restored to their original establishment.

Whereas one thousand and fifty men of the country militia, exclusive of commission and non|commissioned officers, are necessary to do duty in and near Charles-Town, in addition to the re|gulars and town militia, from the first day of March to the first day of April next. Therefore,

RESOLVED, That the following draughts be forthwith made, and marched to Charles-Town, to relieve the militia to be discharged on the first day of March, viz, from the regiments

Page 48

 Capts.Subalts.rank & file.
Of Col. Powell24125
Col. Richardson36180
Col. Bull1375
Late Col Fletchall13100
Col. Starke1265
Col. Thomas1250
Col. Savage13100
Col. Neel1255
Col. Thomson24100
Col. Rothmahler24100
Col. Singellton1250
Col. Glover1250
 17371050

And further Resolved, That the said draughts shall remain in and near Charles-Town, one month; at the expiration of which time, they shall be re|lieved monthly, by the same numbers, to do the same duty, from the same regiments. That the first draughts shall be made of such men, if there are any such in their respective regiments, as have not been on duty by order of Congress or Council of Safety; except, in such regiments respectively, volunteers shall offer to do the duty for which the draughts are intended. And that the Colonels of the said regiments respectively, shall appoint the Captains and Subalterns to command the said de|tachments, according to the dates of their com|missions.

RESOLVED, That the militia on the Sea-Islands, and in Christ-Church parish▪ be not included in the said draughts.

Page 49

ORDERED, That Mr. President do transmit copies of the foregoing resolves to the command|ing officers of the several regiments from which draughts are to be made, by express, with the ut|most expedition.

ORDERED, That letters be forthwith written, by different conveyances, to the Continental Con|gress at Philadelphia, acquainting them with the present situation of affairs in this colony, and the recent alarming intelligence we have received from Georgia, of the hostile armament collecting at Cockspur.

Adjourned to eleven o'clock to-morrow.

In CONGRESS. TUESDAY, FEBRUARY 20, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress proceeded on the consideration of the report of the Committee, upon the number of forces necessary to be raised, and kept in pay, for the service of the colony; and made some progress therein.

A motion was made, that the regiment of Ran|gers be reduced, from horse to foot.

A debate ensued,

And the question being put,

The Congress divided.

The Yeas went forth.

Page 50

Tellers,

  • For the Yeas, Capt. Benj. Huger.
  • For the Nays, Doctor Farrar.

Yeas
46
Nays
54

So that it was determined in the negative.

A motion was made, that the name of the re|giment of Rangers be changed, to that of Light Dragoons.

A debate arose,

And the question being put,

It passed in the negative.

A motion was made, that a Colonel be appoint|ed to command the regiment of Rangers.

A debate ensued,

The question was put,

And passed in the negative.

A motion was made, that the rule of Con|gress, of the 7th instant, restricting the members from speaking more than twice upon one question, be amended, by adding the words "without leave from the chair.

After some debate,

The previous question was moved for, and put,

And passed in the negative.

A motion was made, that rations be allowed to the regiment of Rangers, in like manner as to the regiments of Infantry.

Page 51

After some time spent in debate,

The question was put.

The Congress divided.

The Yeas went forth.

Tellers

  • For the Yeas, Col. Moultrie,
  • For the Nays, Col. Pinckney,

Yeas
49,
Nays
49,

So that Mr. President was obliged to decide, which he did by voting in favour of the motion.

And it was resolved in the affirmative.

ORDERED, That the further consideration of the report be adjourned.

Adjourned to eleven o'clock to-morrow.

In CONGRESS. WEDNESDAY, FEBRUARY 21, 1776.

The Congress met.

And the journal of yesterday was read.

Mr. Salvador, from the Committee to inquire into the state of the interior parts of the colony, lately in commotion; to consider what measures are proper to be pursued, to prevent future com|motions therein; and also to consider of the cases of the state prisoners, and to report what measures ought to be pursued, with respect to them—deli|vered in a report.

Page 52

ORDERED, That the consideration of the said report be postponed.

The Congress then proceeded in the considera|tion of the report of the Committee, on the num|ber of forces necessary to be raised and kept in pay, for the service of this colony—and made a further progress therein.

RESOLVED, That an Adjutant and a Quarter-master; be allowed and appointed to the regiment of Rangers.

A motion was made, That the daily pay of the privates, in the regiment of Artillery, be augment|ed to ten shillings currency.

A debate arose,

The question was put,

And passed in the negative.

A motion was made, That a daily pay of ten shillings be allowed to expert Rifle-men, who shall enter into a regiment of Rifle-men, to be raised for the service of this colony.

A debate ensued,

And the question being put,

It was resolved in the affirmative,

A motion was made, That a bounty of ten pounds currency, be allowed, on inlisting, to expert Rifle-men, entering in the regiment of Rifle-men.

After some debate,

Page 53

The question was put,

And passed in the negative.

A motion was made, That the sum of five pounds currency, be allowed to every private; who shall, at the time of his entering into the regi|ment of Rifle-men, be provided with a good and sufficient Rifle-gun, as hire for the same, during the time for which he is engaged to serve.

A debate ensued,

And the question being put,

Resolved in the affirmative.

A motion was then made, to allow to such Ri|fle-men, a bounty of seven pounds and ten shil|lings at the time of inlisting.

After some time spent in debate,

The Congress was adjourned to eleven o'clock to-morrow.

In CONGRESS. THURSDAY, FEBRUARY 22, 1776.

The Congress met.

And the journal of yesterday was read.

The consideration of the report, on the num|ber of forces necessary to be raised, and kept in pay, for the service of this colony, was re|sumed.

A motion was made, That a bounty of nine pounds and ten shillings currency, be allowed and

Page 54

paid to every expert Rifle-man, who shall inlist in the regiment of Rifle-men, to be raised for the ser|vice of this colony.

A debate ensued,

And the question being put,

Resolved in the affirmative.

The whole of the said report being gone through, the Congress came to the following resolutions thereupon.

Whereas it is absolutely necessary, that a con|siderable body of regular forces be kept up for the service and defence of the colony in this time of imminent danger: Therefore,

RESOLVED, That the first and second regiments be immediately augmented to their original esta|blishment; and that their bounty money be en|creased to twenty-five pounds per man. Also,

That the regiment of Rangers be continued up|on their present establishment of nine companies, each to be augmented to fifty privates; the com|panies to be immediately completed, and the men inlisted according to the rules and articles for the government of the troops: And it is HEREBY DECLARED, That the said regiment of Rangers shall be composed of expert Rifle-men, who shall act on horseback, or on foot, as the service may require; each man, at his own expence, to be constantly provided with a good horse, rifle, shot-pouch and powder-horn, together with a toma|hawk or hatchet. Also,

Page 55

That the regiment of Artillery be continued upon their present establishment. Also,

That a regiment of expert Rifle-men, to take rank as the fifth regiment, under proper field and other officers, be immediately raised, to consist of seven companies; each company to consist of one Captain, two Lieutenants, one Ensign, and one hundred men, including four Sergeants, and four Corporals. And it is hereby declared, That the said regiment shall be inlisted to the 1st of June, 1777, subject to the rules and articles for the govern|ment of the troops, and liable to be sooner dis|charged by public authority, having one month's pay advanced: Each man in the said regiment, at his own expence, during the service, finding his own cloaths, except a uniform hunting shirt, and hat or cap, and blanket, to be provided by the public; and also, at his own expence, to be con|stantly provided with a good rifle, shot-pouch, and powder-horn, together with a tomahawk or hatchet: The privates shall be allowed five pounds, as the hire of their arms, during their service; nine pounds and ten shillings as bounty, and ten shillings daily pay; the Sergeants, twelve shillings and six-pence, the corporals, eleven shillings and three pence, and the commissioned officers the same daily pay, as those of the first and second regiments. Also,

That a company of Artillery, of one hundred men, with proper officers, be immediately raised, for the defence of Fort Lyttelton, on Port-Royal Island. And one other company of Artillery, consisting of sixty men, with proper officers, be,

Page 56

in like manner raised, for the defence of George-Town. These companies to be officered and paid in like manner, and in proportion to the artillery establishment; and the men to be inlisted for the same term, and in like manner with the regiment of Rifle-men. Also,

That, of the matrosses on the present establish|ment, the seamen in the colony navy, and the matrosses and seamen expected to arrive here, from the New-England colonies and other parts, in the whole upwards of nine hundred men, two hun|dred may, if found necessary, be established as marines on board the navy. Also,

That the rations of the regular forces, be in|creased to one pound and an half of fresh beef, or to eighteen ounces of salt pork: And that the regiment of Rangers, the regiment of Rifle-men, the two independent companies of Artillery, and the Militia upon actual service, be allowed ra|tions in like manner with the first and second regi|ments of foot, and the regiment of Artillery, and as increased by this establishment. Also,

That an Adjutant be appointed to the regiments of Rangers and Rifle-men respectively, a Pay-master and a Surgeon to the regiment of Rifle-men, and a Sergeant-Major, a Quarter-Master, and a Quarter-Master Sergeant, to each regiment of the regular forces. Also,

That the men to be inlisted in the regiment of Rangers and Rifle-men, be approved of by the commanding officer of each regiment respectively, —as expert Rifle-men. And,

Page 57

That the Captains in the regiment of Rifle-men, who shall first send, bring, or cause to be brought, to the regimental head quarters, sixty men, approved as aforesaid, such Captains shall take priority of rank respectively, in the said regi|ment. And the said Captains respectively, with the approbation of the Colonel of the regiment, shall appoint their Lieutenants, Ensign, and non-commissioned officers. And also

RESOLVED, That all the regular forces of this colony, both naval and military, shall, upon any emergency, and when the Congress or Council of Safety shall think proper, be liable, under either of their order and direction, to serve and act in any part of this, or of a neighbouring colony.

And whereas it will not be expedient, to put any of the forces of this colony upon the conti|nental establishment, so as to be subject to conti|nental articles, and intitled only to continental pay, and to their discharge in December next; it being more proper, to keep all the colony troops upon the present footing, as to their quantum of pay, their articles, and the time of inlistment: Therefore,

ORDERED, That the Council of Safety do re|turn the thanks of this colony to the Continental Congress, for their attention to its security; that they state the peculiar circumstances, and the heavy expences, which have been, and will be incurred, by this colony, in the measures necessary for her defence: And that they do request the Continen|tal Congress to allow this colony so much money,

Page 58

as the expences of three battalions, upon the con|tinental establishment, would amount to for one year; and to give continental 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 this colony three battalions.

RESOLVED, That all the officers and men in the naval and military forces of this colony, shall take the same oath of fidelity, as is prescribed in the rules and articles for the government of the troops.

RESOLVED, That this Congress will, by ballot, elect the field officers of the regiment of Rifle-men to be raised, separately.

A motion was made, That the Captains for the said regiment, be also elected, by ballot, by the members of Congress.

After some debate,

The question being put,

It was resolved in the affirmative.

RESOLVED, That the Captains of the two com|panies of Artillery, to be raised for the defence of Beaufort and George-Town, be also ballotted for to-morrow, by the members of Congress.

RESOLVED, That this Congress will proceed to ballot for the said officers to-morrow afternoon.

Capt. Leger, from the Committee, on the me|morial of Charles-King Chitty, delivered in a report▪

Page 59

ORDERED, That the said report be taken into consideration to-morrow.

Col. Powell from the Committee, to consider and report the number of country militia neces|sary to replace the detachments to be discharged the first day of March next, and in rotation to do con|stant duty in and near Charles-Town—the means of obliging absentees liable to bear arms, to return —the best division of the country militia—and such measures as will tend to render the militia most serviceable, delivered in a further report.

ORDERED, That the consideration thereof, be postponed.

Mr. Motte, from the Committee, on the peti|tion of John Sigell, delivered in a report.

ORDERED, That the consideration thereof, be likewise postponed.

Col. Powell, from the Committee, on the peti|tion of Joseph Buffington, delivered in their report.

ORDERED, That the consideration of that re|port be also postponed.

Capt. Roger Smith, from the Committee to en|quire and report the quantity of flour now in Charles-Town—the quantity that will be wanted —the best means of obtaining salt, sugar, rum, and other necessaries, on reasonable terms—with the causes of, and remedies for, the present impo|sitions in the advanced prices on the necessaries of life, other commodities and labour, delivered in a report.

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ORDERED, That the consideration of the said report, also be postponed.

Adjourned to ten o'clock to-morrow.

In CONGRESS. FRIDAY, FEBRUARY 23, 1776.

The Congress met,

And the journal of yesterday was read.

RESOLVED, That a Muster-master General be appointed for the naval and land forces of this co|lony, with power to appoint one deputy.

ORDERED, That Col. Gadsden, Col. Moultrie, Col. Motte, Col. Gervais and Dr. Oliphant, be a Committee to ascertain and report the special du|ties of the said Muster-master General.

The Congress then proceeded to take under con|sideration the report on the state of the interior parts of the colony; and made some progress there|in.

Adjourned to five o'clock in the evening.

In CONGRESS. FRIDAY Evening, FEBRUARY 23, 1776.

The Congress met,

A motion was made, that the election of field officers for the regiment of Rifle-men to be raised, be determined by a majority of ballots of the whole number of members present in Congress, and not otherwise.

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A debate ensued,

And the question being put,

The Congress divided.

The Yeas went forth.

Tellers

  • For the Yeas, Capt. Sumpter,
  • For the Nays, Capt. Benj. Huger.

The Congress then proceeded to ballot for a Colonel of the said regiment.

And Isaac Huger, Esq was declared, by majo|rity of votes, duly elected.

The Lieutenant Colonel was then balloted for,

And Alexander M'Intosh, Esq declared duly elected, by majority of votes.

The Major was next ballotted for,

And Benjamin Huger, Esq declared, in like manner, duly elected.

A motion was made, That the Captains for the regiment of Rifle-men, be postponed till to-mor|row.

A debate arose,

And the question being put,

It was resolved in the affirmative.

The Congress then proceeded to ballot for the Captain to command the company of Artillery, to be raised for the defence of George-Town; and also for the Captain of a like company—for the defence of Fort Lyttelton, Port Royal.

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And the majority of votes, for the former, were declared to be in favour of Paul Trapier, jun. Esq and for the latter, in favour of William Harden, Esq.

Adjorned to nine o'clock to-morrow.

In CONGRESS. SATURDAY, FEBRUARY 24, 1776.

The Congress met,

And yesterday's journal was read.

RESOLVED, That the privates in the regiment of Rifle-men, to be raised, shall remain, and be con|tinued, in the same companies wherein they were respectively first inlisted.

RESOLVED, That the Committee on the public accounts, do, and they are hereby required, to give all possible aid and assistance to Col. Gadsden, or the commanding officer of the colony forces for the time being, and also to Capt. John Copithorn, in procuring and supplying all such articles for the public service, as the said commanding officer shall from time to time apply for.

Read a petition of Thomas Farr, jun. Esq Clerk of the late Commons House of Assembly, with his account against the public.

ORDERED, that the said petition be referred to a Committee of such members of the present Con|gress, as were members of the said Commons House on public accounts.

Whereas a constitutional post is now established,

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under the authority of the Continental Congress: And whereas, it is of the utmost consequence, in the present time of imminent danger, that the post riders do not meet with the least delay in their progress: Therefore,

RESOLVED, That it be recommended, and it is hereby recommended, to the keepers of all the public ferries in this colony, to give all possible dispatch to the passage of the constitutional post riders, over their respective ferries.

RESOLVED, That Mr. Bee, Capt. John Huger, Col. Richardson, Col. Thomas, Capt. Hammond, Major Henderson, Mr. John Owen, Col. Thom|son, Capt. Harrington, Mr. De Saussure, Capt. Si|mons and Dr. Farrar, be, and they are hereby ap|pointed, Commissioners to contract for the making, or purchasing already made, any number, not ex|ceeding one thousand stand, of good rifles, with good bridle locks, and proper furniture, not ex|ceeding the price of thirty pounds each: The bar|rels of the rifles to be made, not to weigh less than seven pounds and an half, or be less than three feet eight inches long, and carrying balls of about half an ounce weight; and those new ones already made, not to be less than three feet four inches long in the barrel. Also for the making, or purchasing already made, one thousand stand of good smooth-bored muskets, carrying an ounce ball, with good bridle locks and furniture, iron ram-rods, and bayonets, at a price not exceeding twenty pounds each: The muskets to be made, to be three feet six inches long in the barrel, and the

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bayonets seventeen inches long. The power of the Commissioners to continue during six months. And they are required from time to time to cause the rifles and muskets by them purchased, to be delivered to the Council of Safety, who are hereby authorized to pay their draughts for such arms.

The report of the Committee on the petition of Capt. Aitkin and Mr. Russel, was taken under consideration; and the same being gone through:

ORDERED, That the ship Port Henderson, be forthwith discharged, agreeable to the prayer of the petitioners.

RESOLVED, That the Council of Safety be, and they are hereby authorized, to contract with Mr. Kershaw, for all the flour and ship bread he can supply, on the public account; the delivery thereof to be at the risk of the public, from cap|ture by the enemy.

Adjourned to five o'clock in the evening.

In CONGRESS. SATURDAY Afternoon, FEBRUARY 24, 1776.

The Congress met.

A memorial signed by twenty-one officers of the country militia, now doing duty in Charles-Town, was presented and read.

Mr. President, by desire of the Congress, re|quested of the Rev. Mr▪ Turquand, that he would perform divine service in Congress to-morrow.

Adjourned to half past nine o'clock to-mor|row.

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In CONGRESS. SUNDAY, FEBRUARY 25, 1776.

The Congress met.

The Rev. Mr. Turquand performed Divine Ser|vice, and received the thanks of the Congress.

The journal of yesterday was read.

RESOLVED, That the Commissioners for pur|chasing rifles, or either of them, be▪ and they are hereby authorized and impowered, to agree with any person to make a rifle of a new and different construction from the kind, they have power to pur|chase by the resolution of yesterday: And that, if the Council of Safety shall approve of the con|struction, they may contract for the purchasing and making such kind of rifles.

ORDERED, That the memorial delivered in yes|terday, do lie on the table.

The Congress then proceeded to ballot for the Captains of the regiment of Rifle-men.

And the ballots being counted, it appeared, that the following gentlemen were, by majority of votes, duly elected:

  • Hezekiah Maham, Esquire
  • Benjamin Tutt, Esquire
  • George Cogdell, Esquire
  • William Richardson, Esquire
  • Richard Richardson, jun. Esquire
  • William Henderson, Esquire
  • John Bowie, Esquire

Adjourned to ten o'clock to-morrow.

Page 66

In CONGRESS. MONDAY, FEBRUARY 26, 1776.

The Congress met.

And the journal of yesterday was read.

Mr. President declared the names of the gen|tlemen, that had been, yesterday, by majority of votes, elected Captains for the regiment of Rifle-men.

ORDERED, That the members of the Council of Safety, with Col. Gadsden, be a Committee to consider the necessity and expediency of imme|diately raising another regiment of Rifle-men, for the service of this colony; and that they do re|port thereon to-morrow.

A petition of Robert Cunningham, proposing to observe a neutrality, was presented and read.

Capt. Maham, Capt. Richard Richardson, and Major Henderson, yesterday elected Captains for the regiment of Rifle-men, respectively declined accepting commissions in that regiment; the two former alledging, among other reasons, that they already commanded volunteer companies, to which their particular attention was due, and with which they should always be ready to go forth and render their best services to the colony; and the latter, that being a field-officer of a new regiment, com|posed entirely of volunteers, the public service re|quired his continuance in that station.

RESOLVED, That this Congress will forthwith proceed to the choice of three other Captains, for

Page 67

the regiment of Rifle-men, in the room of the gentleman, who have declined to serve.

The said Captains were accordingly immedi|ately balloted for.

And the following gentlemen, declared duly elected, by majority of votes, viz.

  • Francis Prince, Esquire.
  • Thomas Potts, Esquire.
  • David Anderson, Esquire.

Adjourned to eleven o'clock to-morrow.

In CONGRESS. TUESDAY, FEBRUARY 27, 1776.

The Congress met.

And the journal of yesterday was read.

The Church-wardens of the parishes of St. Phi|lip and St. Michael, Charles-Town, returned Alexander Moultrie, Esq as duly elected, yester|day, to be a member of the present Congress, for Charles-Town, in the room of the late Miles Brewton, Esq

ORDERED, That Mr. Moultrie, who attended, do take his seat accordingly.

Read a letter from Jonathan Downs, Esq dated the 25th instant, acquainting the Congress, that he was on his way to Charles-Town, with Pa|trick Cunningham, Hugh Brown, and William Duggins, three of the late insurgents, as prisoners.

ORDERED, That Mr. President do issue his warrant for the immediate commitment of the said Patrick Cunningham, Hugh Brown, and Wil|liam

Page 68

Duggins, to the common gaol in Charles-Town.

And a warrant was issued accordingly.

RESOLVED, That the Captains of the compa|nies of Artillery, to be raised and posted at Fort Lyttelton and George-Town, shall have rank in the army, as they shall respectively have made returns to the Parochial Committees, of their having raised sixty men; the said returns to be transmitted to the Council of Safety.

RESOLVED, That the Ensigns in the regiment of Rifle-men, be allowed a daily pay of thirty-two shillings and six-pence.

ORDERED, That Colonel Gervais, Col. C. C. Pinckney, Major Cattell, Capt Lynch, and Doctor Oliphant, be a Committee, to consider and report, the best ways and means of supplying the colony troops and militia with rations.

ORDERED, That the Committee on public ac|counts do inquire into the state of the colony Treasury, and report thereon as soon as possible.

RESOLVED, That Edward Rutledge, Esq one of the Delegates from this Colony to the Conti|nental Congress, have leave to return.

Mr. Butledge, from the Committee appointed to consider the necessity and expediency of raising another regiment of Rifle-men, for the service of this colony, delivered in a report.

ORDERED, That the said report be taken into consideration to-morrow.

Adjourned to Eleven o'clock to-morrow.

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In CONGRESS. WEDNESDAY, FEBRUARY 28, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress entered upon the consideration of the report of the Committee, to consider and re|port on the necessity and expediency of raising ano|ther regiment of Rifle-men.

A motion was made, That a question be put, whether a second regiment of rifle-men, shall be raised?

A debate ensued,

And the question being put,

The Congress divided.

The Yeas went forth.

Tellers

  • For the Yeas, Mr. Salvador,
  • For the Nays, Col. Pinckney.
Yeas
51,
Nays
37,

So that it was resolved in the affirmative.

A motion was made, That the said regiment shall consist of seven hundred men.

A debate arose,

The question was put,

And passed in the negative.

A motion was then made, That the said regi|ment shall consist of six hundred men.

Page 70

After some debate,

The question was put,

And passed in the negative.

A motion was made, That a Colonel be ap|pointed to command the said regiment.

A debate arose,

And the question being put,

It passed in the negative.

The report of the Committee on the expediency of raising another regiment of Rifle-men, being gone through,

RESOLVED, That a second regiment of Rifle-men, to rank as the sixth regiment, in the colony service, be raised as soon as possible; to consist of five companies of one hundred men each, under a Lieutenant Colonel Commandant, and a Major; upon the same terms and establishment as the first regiment of Rifle-men.

Major Cattell, from the Committee to consider and report the best ways and means to supply the troops and militia with rations, delivered in a re|port.

ORDERED, That the said report be taken into consideration to-morrow morning.

Upon an application by Mr. George Ancrum, junior,

ORDERED, That Mr. President do write to Georgia, to request the good offices of the Con|gress or Council of Safety there, to enable Mr.

Page 71

Ancrum to export from thence to this colony, cer|tain goods the property of the said Ancrum, which had been detained for the Indian trade.

Adjourned to nine o'clock to-morrow.

In CONGRESS. THURSDAY, FEBRUARY 29, 1776.

The Congress met.

And the journal of yesterday was read.

Agreeable to the order of yesterday, the report of the Committee, on the best ways and means of supplying the troops and militia with rations, was taken into consideration.

On motion, to disagree with a part of the said report, recommending an allowance of (not ex|ceeding) forty shillings per day, to the clerks of the Commissary General.

A debate arose,

And the question being put,

It was determined in the affirmative.

The said report having been fully debated and amended, the Congress came to the following re|solutions thereupon, viz.

RESOLVED, That a Commissary-General be ap|pointed, to supply the colony troops and militia with rations, and also to supply the hospital with such provisions as the Director shall require.

That the said Commissary General be allowed as many Deputy Commissaries and Clerks▪ as with

Page 72

the approbation of the Council of Safety, he may judge necessary. The said Deputy Commissaries and Clerks to be approved of by the Council of Safety, who shall be informed by the Commissary General, what branch of service they are to be employed in. And the Council of Safety are im|powered to allow such salaries to the Clerks so ap|pointed, as they shall deem sufficient, not exceed|ing five hundred pounds per annum, and one ra|tion each per day.

That the Commissary-General, shall be allowed a salary of two thousand pounds currency per annum; and each Deputy, a pay not exceeding three pounds per day, and two rations; and also such boat hire, and other charges, as the Council of Safety may think reasonable. And that orders to the Commissary-General, shall be issued in writing, from the Council of Safety, or the Com|mander of the troops for the time being.

That the Commissary shall give bond, with surety, for ten thousand pounds, duly to account for the monies that may be advanced to him. And that he shall once in every month, make a return to the Commander in Chief; and once in every three months, render an account, on oath, to the Council of Safety, of what provisions he hath purchased, what has been delivered to each corps respectively, what remains on hand, and at what places; and that the accounts rendered by the Deputies to the Commissary General, shall also be on oath.

That the Commissary-General, shall from time

Page 73

to time, acquaint the Council of Safety with his proceedings; point out abuses, and the proper re|medies for them; represent the best mode to be pursued for supplying the army plentifully, regu|larly, and at the same time with oeconomy; and he shall have timely notice, at what places magazines are to be formed, of what quantity and quality.

That no money be paid for rations that have not been drawn; and whatsoever officer, whether Commissary-General, Deputy-Commissary, or Clerk, shall pay for such rations, he shall be dis|missed from his office. And that, if the Com|missary-General shall apprehend more rations have been drawn by any corps than they have a right to, he shall immediately acquaint the Council of Safety thereof.

That the price of rations shall not be fixed: But that the Commissary-General shall be im|powered to purchase provisions on the best terms, or to contract for them, with the approbation of the Council of Safety, and whose draughts or certificates, if approved by the said Council, shall be answered.

That besides the rations of beef and pork al|ready allowed by the present Congress, there shall also be allowed one pound of bread, flour, or ship|bread, or one pint and an half of rice, each man, per day; also salt and vinegar, not exceeding one pint per month of each; and two pounds of pep|per (if to be had) per day, for each regiment of seven hundred and fifty men, and in that propor|tion to other regiments. And _____ _____

Page 74

That the Council of Safety shall be, and they are hereby, impowered to remove or suspend the Com|missary-General, or any Deputy-Commissary, for mal-practices or incapacity, on a hearing; and to appoint others in their room, during the recess of Congress.

Col. C. C. Pinckney, from the Committee ap|pointed to confer with Mr. De Brahm, reported, and recommended it as an expedient measure to retain him in the colony service.

A motion was then made, That Mr. De Brahm be retained in the colony service, as an engineer upon the terms proposed yesterday.

After some debate,

The question being put,

It was resolved in the affirmative.

RESOLVED, That every member of Congress who has left it, or shall absent himself from the service thereof, without leave, and does not reside more than sixty miles from Charles-Town, shall be sent for at his own expence.

ORDERED, That Mr. Kershaw, Capt. Alexan|der Moultrie, and Capt. Roger Smith, be a Com|mittee to draw a proper form of Accounts to be delivered in against the public, for the service of draughts of militia, and lay the same before this Congress.

TWO accounts of Richard Savage, for attendance and medicines to some of the draughted militia, who had fallen sick, were delivered in▪ amount|ing

Page 75

together to eighty-nine pounds and ten shil|lings.

ORDERED, That they be referred to the Com|mittee on public accounts.

Adjourned to five o'clock in the evening.

In CONGRESS. THURSDAY Evening, FEBRUARY 29, 1776.

The Congress met.

The Congress proceeded to ballot for the field officers for the second regiment of Rifle-men, sepa|rately.

And Thomas Sumpter, Esq was declared, by majority of votes, to be duly elected Lieutenant Colonel Commandant.

And William Henderson, Esq Major, of the said regiment.

A motion was made, That the ballotting for the Captains in the said regiment be adjourned till nine o'clock to-morrow morning.

A debate ensued,

And the question being put,

It was resolved in the affirmative.

Adjourned to nine o'clock to-morrow.

In CONGRESS. FRIDAY, MARCH 1, 1776.

The Congress met.

Page 76

And the journal of yesterday was read.

The Congress proceeded to ballot for the Cap|tains in the second regiment of Rifle-men.

And the ballots being reckoned, the following gentlemen were declared duly elected, by majority of votes, viz.

  • Samuel Taylor, Esquire.
  • James Duff, Esquire.
  • George Wade, Esquire.
  • Richard Richardson, jun. Esquire.
  • William Brown, Esquire.

RESOLVED, That no vessels whatsoever, shall pass any armed posts in the rivers and inlets, or on the coast of this colony, until a satisfactory ac|count shall have been given of them at such posts: And that public notice be given of this resolution.

RESOLVED, That public notice be given, That a Commissary-General is wanted: And that the nomination of that officer be by the Council of Safety.

The Hon. Mr. Lowndes, with Col. Parsons, being returned from Georgia, Mr. Lowndes re|ported, that he, with Col. Parsons, and Capt. Sa|vage, having found the Congress of that colony dis|solved, they made every representation to the Coun|cil of Safety, to induce them to co-operate with this colony, in continuing the non-exportation reso|lution of the Continental Congress: That the Coun|cil represented to them the great opposition, in Sa|vannah, to the measures of Congress▪ which had not entered into any decisive resolve on that head;

Page 77

but that they would do every thing in their power to co-operate with us: And in short, that it was their opinion, unless this colony interfered in a forcible manner, exportation would speedily take place.

ORDERED, That the thanks of this Congress be returned to the Hon. Mr. Lowndes, Col. Par|sons, and Capt. Savage, for the zeal and diligence they have exerted in the discharge of the business for which they were delegated by this Congress to go to Georgia.

And thanks were accordingly returned to those gentlemen.

RESOLVED, That Col. Bull, in addition to the detachments in Savannah, from the regiment un|der his command, do forthwith, from the most convenient parts of Granville County, march as many men, including the draught already ordered for Charles-Town, to reinforce those detachments, as he shall think proper. And that Col. Pinckney do immediately detach, not exceeding one hun|dred men, such as shall offer themselves volunteers, from the militia now in Charles-Town, and cause them to be conveyed or marched to Savannah, to join the forces under the orders of the command|ing officer from this colony.

ORDERED, That Mr. President, the Hon. Mr. Lowndes, and Mr. John Rutledge, be a Com|mittee, to prepare a form of orders proper to be given to Col. Bull.

RESOLVED, That one Pay-master be appointed

Page 78

for the two regiments of Rifle-men resolved to be raised.

RESOLVED, That this Congress will immedi|ately proceed to ballot for a Pay-master for the two regiments of Rifle-men.

And that officer being ballotted for accordingly,

Richard Mercer, Esq was declared, by ma|jority of votes, duly elected.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SATURDAY, MARCH 2, 1776.

The Congress met,

And yesterday's journal was read.

Mr. Rutledge from the Committee to prepare a form of orders proper to be delivered to Col. Bull, made a report, which being amended, was unanimously agreed to as follows:

South-Carolina. By Authority of Congress.

To STEPHEN BULL, Esq Colonel, or, To the Com|manding Officer for the time being, of the South-Carolina forces ordered to act in aid of Georgia.

WHereas there is reason to apprehend, that at|tempts will be made to cause the merchant vessels in Savannah River to sail with their cargoes: And as such a proceeding would be detrimental to the interest of America, it becomes this colony to aid the friends of America in Georgia, by endea|vouring,

Page 79

with them, effectually to prevent the said vessels sailing with their cargoes: I herefore, you are hereby ordered under the direction of the Colonel of the continental forces in Georgia, and with the concurrence of the friends of America in that co|lony, to take post on either side of Savannah River, with the troops under your command, and use every effort in your power to incapacitate those vessels from proceeding with their cargoes on their several voyages; and to that end, cause them to be forthwith unrigged, their rudders taken off, and their sails and rudders deposited in some secure place, or kept under a proper guard.

You are also ordered, under the direction and with the concurrence aforesaid, to give every aid in your power for repelling insurrections and in|vasions there, and securing and imprisoning every person in Georgia, whose going at large may be dangerous to the liberties of America, or the se|curity of that colony.

Having executed these orders, you are, either with all or a part of the forces under your com|mand, to return to this colony, or remain in Georgia, at your discretion, and so act, under the direction, and with the concurrence aforesaid, as you shall think most advantageous to the Ameri|can cause, until you shall receive further instruc|tions from the Congress or Council of Safety of this colony; to whom you are, from time to time, to transmit full information of your proceedings.

ORDERED, That an engrossed copy of the above orders be forthwith made out, signed by Mr. Pre|sident, and delivered to Col. Bull.

Page 80

Which was done accordingly.

ORDERED, That the sum of two thousand pounds be advanced to Col. Bull, for the above service, to be accounted for by him.

ORDERED, That Capt. Hammond, Mr. Richard Waring, and Mr. Douxsaint, be added to the Committee on public accounts.

ORDERED, That Mr. Jacob Motte, and Capt. Alexander Moultrie, be added to the Commission|ers for signing the first emission of money, by au|thority of Congress. And that Mr. John Izard, Capt. William Skirving, Mr. Richard Waring, Capt. Robert Ladson, Mr. Elias Horry, jun. and Capt. Benjamin Smith, be added to the Commis|sioners for signing the second emission, under the same authority.

Mr. Salvador, from the Committee to whom the report on the state of the interior parts of the colony, lately in commotion, was recommitted, reported on the part which had been recommitted.

ORDERED, That the said report be taken into consideration to-morrow.

ORDERED, That the Committee appointed to form a plan of government, do forthwith sit, and that they do report to-morrow.

Adjourned to ten o'clock to-morrow.

In CONGRESS. SUNDAY, MARCH 3, 1776.

The Congress met.

Page 81

And the journal of yesterday was read.

ORDERED, That Col. Powell, Mr. Edwards, Mr. Neufville, Capt. Roger Smith, Capt. Tra|pier, Mr. Salvador, and Mr. Matthewes, be a Committee to consider of ways and means, for payment of the services already voted; and that they do report to-morrow.

Read a letter from the Committee of St. Bar|tholomew's parish, dated the 29th past, inclosing an inventory of the estate and effects of John Stuart, Esq in that parish, taken in consequence of the order of Congress of the 3d.

The Congress proceeded on the order of the day, to consider the recommitted part of the re|port on the state of the interior parts of the co|lony lately in commotion.

After some time spent in debate thereon.

Adjourned to nine o'clock to-morrow.

In CONGRESS. MONDAY, MARCH 4, 1776.

The Congress met.

And the journal of yesterday was read.

The President of the Council of Safety laid be|fore the Congress, a letter which he had last night received from Mr. Habersham, in Georgia, dated Savannah, February 28, 1776, representing the present state of public affairs in that colony.

ORDERED, That Mr. Simon Berwick be added

Page 82

to the commissioners for signing the first emission of money ordered by Congress.

RESOLVED, That a letter be forthwith written to Col. Bull, inclosing to him a copy of the letter received from Savannah.

ORDERED, That Mr. Kershaw be added to the Committee on public accounts.

Col. Charles Cotesworth Pinckney, from the Committee appointed to prepare such a plan or form of government as will best produce the hap|piness of the people, and most effectually secure peace and good order in the colony, during the continuance of the present dispute between Great-Britain and the Colonies, delivered in a report.

ORDERED, That the determination when the said report shall be taken into consideration, be postponed till to-morrow morning eleven o'clock.

RESOLVED, That all the members of Congress within sixty miles of Charles-Town, who are still absent, be forthwith sent for, by special messen|gers, at their own expence.

The Rev. Mr. Tennent, from the Committee to whom the Petition of William Hill, relative to a bloomery, was referred, delivered in a report.

ORDERED, That the consideration thereof be postponed.

Adjourned to nine o'clock to-morrow.

In CONGRESS. TUESDAY, MARCH 5, 1776.

The Congress met.

Page 83

And the journal of yesterday was read.

ORDERED, That the Committee appointed to superintend and promote the making of gunpow|der in this colony, do forthwith make a report of their proceedings to this Congress.

ORDERED, That Col. Powell, the Rev. Mr. Tennent, Mr. Corbett, Col. Gervais, Mr. Felder, and Mr. Kershaw, be a Committee to consider and re|port the best means of erecting a powder mill, and of promoting the making of gunpowder in this colony.

Mr. President of the Council of Safety, laid be|fore the Congress the following papers, received this morning, by express, from Georgia, and ad|dressed to their Board, viz.

A letter from the Council of Safety of Georgia, dated Savannah, the 1st instant.

Another letter from the same, dated the 2nd inst.

Copy of certain resolutions entered into by said Coun|cil—same date.

Copy of a Proclamation issued by said Council—same date.

RESOLVED, That the unanimous thanks of this Congress be returned, by Mr. President, to the Council of Safety of Georgia, in terms of the high|est approbation of their noble and spirited conduct.

A return was made of the election of Thomas Tudor Tucker, Esq on the 26th past, to be a member of the present Congress, to represent the parish of St. George, Dorchester.

Page 84

Notice being at the same time given, that Mr. Tucker declined to serve.

ORDERED, That the Committee for the said parish of St. George, Dorchester, do forthwith take the proper measures for filling up the vacancy.

The Rev. Mr. Tennent from the Committee to consider and report the best means of promoting the making of Nitre, in this colony, delivered in a report.

RESOLVED, That Henry Peronneau and Benja|min Dart, Esqrs. joint Public Treasurers, be or|dered forthwith to lay before this Congress an ex|act state of the Treasury under their care.

ORDERED, That they be immediately served with a copy of the above resolve.

Capt. Roger Smith, from the Committee to con|sider of ways and means for payment of the ser|vices already voted, delivered in a report.

ORDERED, That Mr. President, Mr. John Rut|lege, Col. Powell, Col. C. C. Pinckney, and Capt. Shubrick, be a Committee to prepare proper rules and articles for the better regulation and govern|ment of the navy of this colony.

The Congress then proceeded in the order of the day.

After a considerable time spent in debate,

A motion was made, That this Congress do post|pone the consideration of the report on a plan or form of government, until May next.

Page 85

A debate arose,

The question was put,

And passed in the negative.

RESOLVED, That this Congress will, on Thurs|day morning next, in a Committee of the whole, take into consideration the report of the Commit|tee who were appointed, by ballot, to prepare such a plan or form of government as will best produce the happiness of the people, and effectually secure peace and good order in the colony.

Adjourned to nine o'clock to-morrow.

In CONGRESS. WEDNESDAY, MARCH 6, 1776.

The Congress met.

And the journal of yesterday was read.

Mr. President laid before the Congress the fol|lowing copy of the letter, written by their order, to Georgia:

South Carolina. Charles-Town, March 5, 1776. By Authority of Congress. To the Honourable the Council of Safety for Georgia.

GENTLEMEN,

YOUR letters of the 1st and 2d instant, and your resolutions, order, and proclamation of those dates, were laid before the Congress, transfusing a general and perfect joy.—And the Congress, sen|sible of the vast importance which your exemplary conduct must be of to the American cause, unani|mously

Page 86

voted their thanks; and I have the honour thus to transmit them to you, for your having de|cisively taken the noble, politic, and vigorous re|solution, That the vessels in the ports of Savannah, ready to sail, contrary to the interest of America, shall be forthwith unrigged and unruddered; and that, rather than the enemy shall possess those ves|sels and your capital, ALL shall perish in a noble conflagration, lighted by yourselves—an instance of heroic principle, not exceeded by any, and equalled but by few, in history.

Your conduct, in citing such of the inhabitants of Savannah, as had abandoned their possessions in that town, to return to its defence, under penalty of being deemed to have deserted such property, and of being excluded from any support towards obtaining an indemnification for any loss they may sustain by a general conflagration, received the highest applause, as being worthy of imitation— The policy and justice of the measure are equally conspicuous.

In short, the Congress feel the greatest satisfaction, from their having anticipated your call for assist|ance; it is sufficient that we know our friends stand in need of our aid. We hope, that our forces under Col. Bull, will fully accommodate your necessities: And you may rest assured, that we shall continue to afford the friends of America, in Georgia, every support in our power.

I have the honour to be, Gentlemen, Your most humble Servant, WILLIAM-HENRY DRAYTON, President.

Page 87

Mr. Peronneau, and Mr. Dart, in conformty to the order of yesterday, attended, and delivered in the following

STATE of the PAPER CURRENCY, in the PUB|LIC TREASURY of SOUTH-CAROLINA:

Of lawful bills of credit, so torn, and obliterated, as not to be current, of various denomi|nations, about
£. 50,000 0 0
Of tax certificates, and public orders, out of date, and kept to be destroyed,
20,620 0 0
Of certificates, issued by the House of Assembly,
17,900 0 0
Of certificates, issued by the Congress,
23 15 0
There is owing on bonds to the King, for negro duties,
11,693 12 10
And on notes to the Joint Treasurers for other duties
18,693 18 4
March 6, 1776.
£. 118,931 6 2

Signed

  • HENRY PERONNEAU,
  • BENJAMIN DART,
Joint Public Trea|surers.

The report from the Committee on ways and means, for payment of the services already voted, was taken into consideration.

And the said report having been debated, and amended, the Congress came to the following resolutions thereupon:

Page 88

Whereas it appears, that on the 28th day of February, after discharging the services now due, there remains in the Colony Treasury, no more of the one million one hundred and twenty thousand pounds, issued by authority of Congress, than three hundred thousand pounds: And whereas the charge of the naval and military establishments, calculated from the first instant to first of January next, will amount to one million one hundred and nineteen thousand two hundred and seventy-six pounds; so that, should this colony obtain the al|lowance for three continental battalions, with ra|tions at three shillings per man per day, amount|ing to three hundred and sixty-five thousand three hundred pounds, with the sum remaining in the Treasury, there will be a deficiency of four hun|dred and fifty-three thousand nine hundred and seventy-six pounds, and there may be wanted, for contingencies, two hundred and ninety-six thou|sand and twenty-four pounds more: Therefore,

RESOLVED, That a sum not exceeding seven hundred and fifty thousand pounds currency, in bills or certificates, in the quantities, and of the denominations following, be stamped or printed, signed, and lodged in the Treasury, viz.

2000
bills of one hundred pounds each,
3700
of fifty pounds each,
5200
of twenty-five pounds each,
9000
of fifteen pounds each,
5000
of three pounds each,
10,000
of two pounds five shillings each,
5500
of two pounds each,

Page 89

10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.
6000
of one pounds ten shillings each,
10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.
10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.
12,000
of six shillings and three pence each,
10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.
10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.
10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.
10,000
bills of one pounds fifteen shilings each,
of seventeen shillings and sixpence each;
of twelve shillings and sixpence each,
of five shillings each,
of three shillings and nine pence each,
of two shillings and six-pence each,
of one shilling and three pence each.

RESOLVED, That the Public Faith of this Co|lony be, and it is hereby solemnly pledged, to provide funds for calling in and sinking the bills to be issued under the foregoing resolutions.

And whereas notwithstanding the great issue of paper Currency, it appears, that cash is scarce in circulation: But to avoid a redundancy of such currency,

RESOLVED, That a power be, and is hereby vested in the Council of Safety, to borrow on interest, the whole or any part of the said sum of seven hun|dred and fifty thousand pounds, now resolved to be issued, if they shall find it expedient and practica|ble.

The report of the Committee to whom the pe|tition of William Hill, was referred, being taken into consideration, debated on, and amended.

RESOLVED, That the sum of one thousand pounds currency, be paid by the Commissioners of the Treasury, to William Hill, upon his pro|ducing and depositing with them, proper convey|ances and titles of his land, and the improvements

Page 90

thereon, situated on Allison's creek, a branch of Catawba river, in St. Mark's parish, to be made to Col. Thomas Neel, Capt. Samuel Watson, and Mr. John Howe, in trust for the public, for repayment of the said sum of one thousand pounds—within the term of two years.

RESOLVED, That no monies be issued by Henry Peronneau or Benjamin Dart, Esqrs. Joint Public Treasurers, out of the Public Treasury, until the further order of this Congress, or authority de|rived from them.

The following prohibition was accordingly is|sued by Mr. President, and served upon the said Treasurers:

South Carolina. Charles-Town, March 6, 1776. By Authority of Congress. To Henry Peronneau and Benjamin Dart, Esqrs. Joint Public Treasurers.

GENTLEMEN,

YOU are hereby prohibited from issuing or caus|ing to be issued, any public money in your charge, without order first had and obtained from the Congress, or proper authority derived from them.

I am, Gentlemen, Your most humble Servant, WILLIAM-HENRY DRAYTON, President.

Adjourned to nine o'clock to-morrow.

Page 91

In CONGRESS. THURSDAY, MARCH 7, 1776.

The Congress met.

And the journal of yesterday was read.

On motion, the Congress entered into the fol|lowing resolution:

Whereas some doubts have arisen whether the bounty money, and the sum allowed for cloathing, to the men inlisted into the colony regiment of Artillery, was intended, by the resolve of Congress of the 22d of February last, to extend to the two companies to be raised for the defence of Fort Lyttelton and George-Town: It is hereby de|clared and resolved, that the same bounty and al|lowance for cloathing shall be paid to and for the men inlisted in the said companies, as to those who are raised for the regiment of Artillery.

A motion was made, That the men to be raised for the regiment of Rangers, be inlisted to serve un|til the first day of June next, unless sooner dis|charged by proper authority, upon one month's pay being advanced.

A debate arose,

And the question being put,

Resolved in the affirmative.

ORDERED, That Capt. Hammond, Col. Tho|mas, Major Williamson, Mr. Kershaw, Mr. Beard and Mr. Felder, be a Committee to consider and report the most proper places for erecting of Iron-works in this colony, and what encouragement

Page 92

from the public, in their opinion, may be most ef|fectual to promote the establishment of such works, and the manufacturing of iron.

RESOLVED, That the order of the day be post|poned. And, that this Congress will to-morrow morning, nine o'clock, resolve itself into a Com|mittee of the whole, to take the same into con|sideration.

Adjourned to nine o'clock to-morrow.

In CONGRESS. FRIDAY, MARCH 8, 1776.

The Congress met.

And yesterday's journal was read.

RESOLVED, That this Congress will now re|solve itself into a Committee of the whole, to take into consideration the report on a plan or form of government.

After some time spent therein.

Col. Powell from the Committee of the whole, reported, That having taken into consideration the report on a plan or form of government, they had made some progress therein and desired leave to sit again.

RESOLVED, That this Congress will to-morrow, again resolve itself into a Committee of the whole, and resume the consideration of the said report.

Mr. President informed the Congress, that he

Page 93

had just received a letter, by express, from Geor|gia, containing very important intelligence.

ORDERED, That the said letter be read.

Read accordingly, a letter from the Council of Safety in Georgia, signed William Ewen, President, and dated Savannah, March 4, 1776.

ORDERED, That the Secretary to this Congress do forthwith cause the said letter to be published in a Gazettee Extraordinary.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SATURDAY, MARCH 9, 1776.

The Congress met,

And the journal of yesterday was read.

The Congress resolved itself into a Committee of the whole, to resume the consideration of the report on a plan or form of government.

And some time being spent in the said Com|mittee,

Major Cattell reported, That they had made some progress in the report on the plan or form of government, and desired leave to sit again.

RESOLVED, That this Congress will, to-mor|row, again resolve itself into a Committee of the whole, to resume the consideration of the said re|port.

Adjourned to nine o'clock to-morrow.

Page 94

In CONGRESS. SUNDAY, MARCH 10, 1776.

The Congress met.

The Rev. Mr. Turquand performed Divine Ser|vice.

The journal of yesterday was read.

RESOLVED, That the resolution of Congress in January 1775, prohibiting the killing of Sheep in this colony, be repealed. And in lieu thereof, it is now Resolved, That no lambs, or sheep under two years old, shall be killed for sale.

Agreeable to the resolve of yesterday, the Con|gress resolved itself into a Committee of the whole.

After some time spent therein,

Major Cattell reported, That they had made a farther progress in the report before them; and desired leave to sit again.

RESOLVED, That this Congress will to-morrow, again resolve itself into a Committee of the whole, to resume the consideration of the report on the plan or form of government.

Adjourned to nine o'clock to-morrow.

In CONGRESS. MONDAY, MARCH 11, 1776.

The Congress met.

And the journal of yesterday was read.

RESOLVED, That every soldier or militia man,

Page 95

who shall engage to labour on the public works, shall in addition to their regimental or militia pay, receive such pay, as with each of them shall be agreed by Mr. Daniel Cannon, who shall weekly render in and receive payment on his account for such services.

The Congress, agreeable to the order of yesterday, again resolved itself into a Committee of the whole, to resume the consideration of the report on the plan or form of government.

And having spent some time therein.

Major Cattell, from the said Committee report|ed, that they had made a farther progress, and de|sired leave to sit again.

RESOLVED, That this Congress will to-morrow again resolve itself into a Committee of the whole, to resume the consideration of the said report.

Adjourned to nine o'clock to-morrow.

In CONGRESS. TUESDAY, MARCH 12, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress, agreeable to the resolve of yester|day▪ resolved itself into a Committee of the whole, and resumed the consideration of the report on a plan or form of government.

After some time spent therein,

Major Cattell, from the said Committee, report|ed,

Page 96

that they had made a further progress, and desired leave to sit again.

RESOLVED, That this Congress will to-morrow again resolve itself into a Committee of the whole, to proceed on the said report.

Adjourned to nine o'clock to-morrow.

In CONGRESS. WEDNESDAY, MARCH 13, 1776.

The Congress met,

And the journal of Yesterday read.

ORDERED, That Mr. Loocock, Mr. Theodore Gailard, jun. Mr. Kershaw, Mr. Toomer and Mr. Veree, be a Committee to inquire and report the quantity of salt now in the colony, and the prices at which the respective holders purchased the same.

RESOLVED, That no person shall have permis|sion to remove out of this colony, until such per|son, so intending to remove with permission, shall have first given ten days public notice, by adver|tisements affixed at the doors of the State House, of his or her intention to apply for such leave.

The Congress having resumed the consideration of the report to inquire into the state of the inte|rior parts of the colony, lately in commotion, and the most likely measures to preserve peace, and to prevent future commotions therein; and having gone through the said report.

RESOLVED, That a declaration of pardon and

Page 97

amnesty be published to the late insurgents, with certain exceptions.

That all persons who shall hereafter bear arms against, or shall be active in opposing, the measures of the Continental or Colony Congress, and upon due conviction thereof, before a majority of the Committee of the district or parish where such persons reside, shall be disarmed, and, at the dis|cretion of the said Committee, taken into custody, and, if necessary thereto, the said Committee shall call in the aid of the military, as soon as possible, transmitting to the Congress or Council of Safety, an account of such proceedings.

That all reasonable indulgence ought to be given to the aforesaid late insurgents, and as far as is con|sistent with the public safety, they be allowed to trade as usual, except for arms and ammunition.

That if any person who has been disarmed, shall convince the Committee aforesaid, That he sincere|ly desires to join in support of the American cause, his arms shall be restored to him, and in every re|spect he shall be put on the footing of an Asso|ciator, upon his taking the following oath:

I A.B. do, upon the Holy Evangelists (of accord|ing to the form of my profession) freely, volun|tarily, and without the least compulsion, evasion, or mental reservation, solemnly swear and declare, that I will, at all times, to the best of my power, aid and support the authority of Congress, and every autho|rity derived from them: And also, that I will pay obedience to the Continental and Provincial Councils,

Page 98

according to the true meaning and spirit of the Asso|ciation entered into by the Congress of this colony, on the 4th of June last. SO HELP ME GOD.

That if any person, having been disarmed, shall, without leave of the Committee aforesaid, be found in possession of arms or ammunition, or be con|victed of having purchased either of those articles, he shall again be disarmed, and committed to close confinement, by the said Committee; they trans|mitting as soon as possible, to the Congress or Council of Safety, an account of such proceeding.

That all Commissions of officers, who have been in arms against the authority of Congress, or who have been or shall be convicted of having been active in opposing the authority of Congress, or having refused to act in support of that authority, be, and shall be null and void.

That the respective Committees, and the sup|porters of the American cause, ought to discourage the use of any opprobrious language, reflecting up|on the late misbehaviour of the aforesaid insurgents, who, behaving in a peaceable manner, ought to be treated with friendship and humanity, tenderness and moderation, as the Congress wishes to reclaim rather than to punish.

RESOLVED, That the consideration of the or|der of the day be postponed.

RESOLVED, That this Congress will to-morrow, again resolve itself into a Committee of the whole, to resume the consideration of the report on a plan or form of government.

Adjourned to nine o'clock to-morrow,

Page 99

In CONGRESS. THURSDAY, MARCH 14, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress resolved itself into a Committee of the whole, according to the resolve of yester|day, and resumed the consideration of the report on a plan or form of government.

After some time spent therein,

Major Cattell, from the said Committee, deli|vered in a partial report, on a plan or form of go|vernment in this colony, until an accommoda|tion▪ shall take place between Great-Britain and the British American colonies.

And the said report being read.

ORDERED, That the same be taken into consi|deration to-morrow.

ORDERED, That Mr. President do prepare a draught of a declaration of pardon and amnesty, to the late insurgents, agreeable to the resolution of this Congress of yesterday.

RESOLVED, That the Committees for George-Town and Beaufort, respectively, be, and they are hereby, authorized and impowered to purchase, and fit out, a proper armed vessel, at each of those ports, for the protection of the trade and naviga|tion thereof.

The report of the Committee, to point out the best mode of encouraging the making of Salt-petre in this colony, being taken into consideration.

Page 100

After some debate thereon, the Congress

RESOLVED, That Doctor David Ramsay, be requested to superintend the public nitre works in Charles-Town, and to direct the manufacturing of nitre at the said works: And that the sum of five hundred pounds be lodged in Dr. Ramsay's hands, for the repairing of the said works, and for the carrying on the manufacture of nitre thereat to the best advantage, to be by him accounted for.

That the said works be open to all persons, who, for the purpose of acquiring instruction, shall choose to visit them: And that Doctor Ramsay be requested to publish, as soon as he can, the most easy and simple method of manufacturing nitre; and that, from time to time, he also publish such further improvements therein as he may experi|ence.

That a person be appointed by every Parochial or District Committee, to receive all such good nitre made in the colony, as shall be offered to such person; and the said Committees shall transmit the quantities so received, to the Council of Safe|ty; who, after the nitre now belonging to the public, shall be made into gun-powder, shall then be authorized to exchange gun-powder for Salt-petre, at the rate of one pound of gun-powder, manufactured at the public works, for one pound and a half of nitre transmitted as aforesaid: And where the owner of the nitre shall not choose such powder in exchange, he may receive, in lieu thereof, twenty shillings currency the pound.

Page 101

ORDERED, That the Secretary do forthwith cause a number of copies of directions, for an easy process in the making of Salt-petre, sent by Mr. Lynch from Philadelphia, to be printed, and dis|tributed amongst the members, that they may be properly dispersed.

Adjourned to nine o'clock to-morrow.

In CONGRESS. FRIDAY, MARCH 15, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress proceeded to take under con|sideration, the report of the Committee of the whole, on a plan or form of government in this colony.

And proceeding in that clause of the first sec|tion of the said report

That this Congress, be|ing a full and free representation of the people, shall henceforth be called the GENERAL ASSEMBLY of South-Carolina.

A motion was made, That the said clause be struck out.

After some debate,

The question was put,

And passed in the negative.

On reading the clause, "That this Congress, as a General Assembly, shall continue as such, until the 20th day of July next."

Page 102

A motion was made for an amendment, by striking out the words "20th of July," and in|serting in their stead, the words "21st of October.

And the question being put,

Resolved in the affirmative.

The second section of the said report being read,

A motion was made, That the words "Legis|lative Council," be struck out.

A debate ensued,

And the question being put,

The Congress divided,

The yeas went forth,

Teller for the Yeas, Col. Gadsden.

Teller for the Nays, Col. Pinckney.

Yeas
30
Nays
40

So that it was determined in the negative.

A motion was then made, That the said Le|gislative Council shall consist of twenty-one mem|bers, eleven whereof to be a quorum.

After some time spent in debate,

The question was put,

And passed in the negative,

On motion, That the said Council shall consist of seventeen members, nine of them to be a quo|rum.

The question was put,

And passed in the negative.

Page 103

A motion was made, That the said Council shall consist of fifteen members, whereof nine to be a quorum.

And the question being put,

It passed in the negative.

A motion was made, That the members of the said Legislative Council, be chosen by ballot, "from among the members of the General As|sembly."

After some time spent in debate,

The question being put,

Resolved in the affirmative.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SATURDAY, MARCH 16, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress resumed the consideration of the report of the Committee of the whole, on a plan or form of government.

And the third section of the said report being read,

A motion was made, To strike out the word "President," and, to insert instead thereof, the "word Governor."

After some debate,

Page 104

The question was put,

And passed in the negative.

The fourth section of the said report being read,

A motion was made for an amendment, by in|serting, after the words, "by ballot," the words, "from among themselves, or the people at large."

The question being put,

Resolved in the affirmative.

The fifth section of the said report being read▪

A motion was made for an amendment, by in|serting, after the words "Legislative Council," Provided always, That no officer in the army or navy, in the service of the continent, or of this colony, shall be eligible.

After some time spent in debate,

The question being put,

Resolved in the affirmative.

The Congress then proceeded in the seventh section of the report, on a plan or form of go|vernment.

A motion was made to amend the same, by striking out the words "bills of supply," and in|serting instead thereof, the words "money bills."

After some debate,

The question being put,

Resolved in the affirmative.

Adjourned to nine o'clock to-morrow.

Page 105

In CONGRESS. SUNDAY, MARCH 17, 1776.

The Congress met.

And the journal of yesterday was read.

The Congress resumed the consideration of the report of the Committee of the whole, on a plan or form of government.

The eleventh section of the said report being read,

A motion was made, to strike out the words "every year," and to insert in lieu thereof, the words "the same days in every second year."

After some debate,

The question being put,

Resolved in the affirmative.

On motion, to agree with that part of the said eleventh section, which directs, "That each pa|rish and district have the same representation as at present."

A debate ensued,

And the question being put,

Resolved in the affirmative.

Adjourned to nine o'clock to-morrow.

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In CONGRESS. MONDAY, MARCH 18, 1776.

The Congress met according to adjourment,

And the journal of yesterday was read.

RESOLVED, That the Council of Safety be, and they are hereby, impowered and directed, to ap|point a proper person as Barrack-Master, whose duty it shall be to take care of the barracks, and to procure proper quarters and barrack necessaries for the colony troops and militia.

The Congress resumed the consideration of the report of the Committee of the whole, on a plan or form of government.

Upon reading the last clause of the eleventh section,

A motion was made, to amend the same, by in|serting at the end thereof, the words, "and con|strued to mean clear of debt."

A debate arose,

And the question being put,

Resolved in the affirmative.

The thirteenth section being read,

A motion was made for an amendment, by in|serting the words, "shall not be elected oftener than twice successively."

A debate ensued,

And the question being put.

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It passed in the negative.

Adjourned to nine o'clock to-morrow.

In CONGRESS, TUESDAY, MARCH 19, 1776.

The Congress met,

And the journal of yesterday was read.

The consideration of the report of the Com|mittee of the whole, on a plan or form of govern|ment was resumed.

After some progress made therein,

ORDERED, That the further consideration there|of be postponed.

The Congress then proceeded to take into con|sideration the report of the Committee to inquire what quantity of salt is in the colony.

And the said report being debated on, and gone through, the following resolutions were thereupon entered into.

Whereas information hath been laid before the Congress, that certain persons do monopolize the necessary article of Salt, and demand an extrava|gant price for the same; and also require specie in payment, to the detriment of the continental and colonial currency: The Congress do therefore

Resolve, That no person do hereafter presume to sell SALT for more than twenty-five shillings per bushel, exclusive of the expence of reasona|ble

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freight or carriage to the distant parts of the colony. And that Mr. Joseph Kershaw, Mr. Loo|cock, Mr. Samuel Prioleau, jun. Capt. Maurice Si|mons, and Capt. Samuel Legaré, for Charles-Town; Mr. Daniel de Saussure, and Mr. Thomas Hughes, for Beaufort; and Mr. George Croft, and Mr. An|thony Bonneau, for George-Town, be, and they are hereby, appointed Commissioners, and impow|ered to enquire after, and buy up out of the hands of individuals, all quantities of SALT, which such individuals may have, more than necessary for their respective families; and to dispose of the same, in small quantities, at the same rate. And, that the said Commissioners do also purchase, all the SALT which may be imported within six months.

That Col. Laurens, Mr. Ferguson, the Rev. Mr. Tennent, Mr. Edwards, and Mr. Gibbes, be and they are hereby, appointed Commissioners, to erect and superintend a PUBLIC SALT WORK, at or near Charles-Town: That Mr. Joseph All|ston, Capt. William Allston, Mr. Benjamin Young, Mr. Peter Simons, and Mr. Thomas Butler, be, and they are, in like manner, appointed Commissioners, for a PUBLIC SALT WORK on the northern coast; And that Capt. Thomas Tucker, Mr. Daniel Jenkins, Mr. Joseph Fickling, Mr. James Clark, and Mr. James Fickling, be, and they are hereby, appointed Commissioners, in like manner, for a PUBLIC SALT WORK, on the southern coast of this colony. That each board of the said Commissioners respec|tively, shall have power to draw upon the colony Treasury, for any sum not exceeding Seven Thou|sand Pounds currency, for defraying the necessary

Page 109

expences incurred by this service. And, that they shall sell the SALT to be made at the said public works, at the most reasonable rate.

RESOLVED, That all continental currency, all currency issued by authority of the Congress of this colony, and all tax-certificates, and other cer|tificates and orders issued by authority of the Com|mons House of Assembly, shall be, and they are hereby declared, legal tenders, in all payments whatsoever, within this colony.

The Congress then again resumed the consider|ation of the report on a plan or form of govern|ment.

Upon reading the sixteenth section,

A debate arose, and

A motion was made to amend the same, by striking out the words, "there shall be a Chan|cellor, who," and inserting instead thereof, the words "the Vice-President of the colony and the Privy-Council, or the Vice-President and a ma|jority of the Privy Council for the time being."

The question being put,

Resolved in the affirmative.

A motion was made to amend that clause of the said section, respecting an Ordinary.

And the question being put,

It passed in the negative.

Adjourned to nine o'clock to-morrow.

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In CONGRESS. WEDNESDAY, MARCH 20, 1776.

The Congress met,

And the journal of yesterday was read.

RESOLVED, That one half of the established rates of ferriage, for single persons and horses, is a suf|ficient allowance for the transporting any number more than three at a time of the colony forces or militia in times of alarm, over any of the establish|ed ferries in this colony.

The Congress resumed the consideration of the report of the Committee of the whole, on a plan or form of government.

Upon reading the section relative to a Court of Appeals,

A motion was made to disagree to the said sec|tion.

A debate arose,

And the question being put,

Resolved in the affirmative.

The nineteenth section of the said report being read,

On motion for an amendment, by inserting the words, "That no persons selling liquors shall be put into the commission of the peace."

A debate arose,

And the previous question being put,

It passed in the negative.

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A motion was made to strike out of the same section, the words, that they [the magistrates] shall not be intitled to fees, except on prosecu|cutions for felony."

After some debate,

The question was put,

And passed in the negative.

Upon reading the twenty-fifth section of the said report,

A motion was made, to insert, after the words, "during pleasure," the words, "until otherwise directed by resolution of the General Assembly and Legislative Council."

After some debate,

The question being put,

Resolved in the affirmative.

ORDERED, That Mr. President, Major Cattell, Capt. Moultrie, Capt. Lynch, and Mr. Salvador, be a Committee to consider and report to-morrow morning, what salaries are proper to be allowed to the several public officers.

The Congress being informed of the arrival of a Committee from North-Carolina, to concert with a Committee of this Congress, a plan of measures for mutual defence and assistance.

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ORDERED, That the present members of the Council of Safety, together with Col. Gadsden, and all the other field officers of the several corps of regular forces of this colony, be a Committee to confer with the Committee from North-Caro|lina, and with them to concert a proper plan.

Col. Charles Cotesworth Pinckney, from the Committee, to prepare proper rules and regula|tions for the government of the navy of this colo|ny, delivered in a report,

And the said report being read.

ORDERED, That the consideration thereof be postponed.

Adjourned to nine o'clock to-morrow.

In CONGRESS. THURSDAY, MARCH 21, 1776.

The Congress met,

And the journal of yesterday was read.

An act of the Britsh Parliament, just received from Georgia, declaring all seizures of the persons and property of, and damages done to the Ameri|can colonists before the passing of the said act, from Massachusetts-Bay to Georgia inclusive, to be legal; and also declaring all the said colonies in

Page 113

actual rebellion, intitled,

An act to prohibit all trade and intercourse with the colonies of New|Hampshire, Massachusetts-Bay, Rhode-lsland, Connecticut, New-York, New-Jersey, Pennsyl|vania, the three Lower Counties on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, during the continuance of the present rebellion within the said colonies respectively; for repealing an act, made in the 14th year of the reign of his present Majesty, to discontinue the landing and discharging, lading or shipping, of goods, wares, and mer|chandize, at the town, and within the harbour, of Boston, in the province of Massachusetts-Bay; and also two other acts, made in the last session of parliament, for restraining the trade and commerce of the colonies in the said acts re|spectively mentioned, and to enable any person or persons, appointed and authorized by his Majesty, to grant pardons, to issue proclama|tions, in the cases, and for the purposes, therein mentioned,
was read.

RESOLVED, That a copy of the said act be im|mediately dispatched, and conveyed with all possi|ble haste, to the Continental Congress at Philadel|phia. And that proper extracts from the said act be forthwith made, printed, and published here.

RESOLVED, That the ship Port-Henderson, Henry Aitken, master, now lying under the can|non of fort Johnson, and bound for London, be forthwith seized, and brought up to Charles-Town, under the care of, the Prosper ship of war

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That upon the said ship being brought up, the cargo on board be forthwith landed, and sold. And that, the said cargo being sold, the monies arising from such sale, be lodged in the Colony Trea|sury.

ORDERED, That Mr. Loocock be added to the Board of Commissioners appointed to erect and superintend the intended Public Salt-Work, at or near Charles-Town.

Major Cattell, from the Committee to consider and report, what salaries are proper to be allowed to the several public officers, delivered in a report;

And the said report being taken into immedi|ate consideration,

A motion was made, to agree with that part thereof, which recommends a Secretary to be allowed the President and Commander in Chief, with a salary of two thousand pounds a year.

After some debate,

The question was put,

And it passed in the negative.

A motion was made to agree with the report, in fixing the salary of the President and Commander in Chief, at ten-thousand pounds a year.

After some time spent in debate,

The question was put:

The Congress divided,

The Yeas went forth,

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Tellers,

  • For the Yeas, Capt. Vanderhorst.
  • For the Nays, Mr. Salvador.
Yeas
25
Nays
27

And it was determined in the negative.

A motion was made, that a yearly salary of nine thousand pounds be allowed the said President and Commander in Chief.

The question being put,

Resolved in the affirmative.

On motion to agree with the report, That the Assistant-Judges be allowed a yearly salary of twen|ty-eight hundred pounds each.

A debate ensued,

And the question being put,

It passed in the negative.

A motion was then made, That a salary of two thousand and five hundred pounds per annum, be allowed to each of the said Judges.

After some debate,

The question was put,

And it passed in the negative.

On motion to agree with the report, That a sa|lary of one thousand pounds a year be allowed to the Ordinary.

A debate arose,

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And the question being put,

Resolved in the affirmative.

A motion was made, That a Judge of Admiralty be allowed a salary of five hundred pounds a year.

After some time spent in debate,

The question was put,

And it passed in the negative.

The said report being amended and agreed to,

ORDERED, That the same be added to, and made the 34th section of the report of the Com|mittee of the whole, on a plan or form of go|vernment.

ORDERED, That Mr. Benjamin Eddings be added to the Commissioners for erecting a Public Salt-Work on the southern coast of this colony.

Adjourned to nine o'clock to-morrow.

In CONGRESS. FRIDAY, MARCH 22, 1776.

The Congress met,

And the journal of yesterday was read.

A proposal of Mr. William Bellamy, That he, with some assistance from the Public, would un|dertake to erect and complete a proper mill, for making paper, and cutting files at the same time, was presented and read.

ORDERED, That the said proposal be referred to a Committee of the following gentlemen, viz. Mr.

Page 117

Kershaw, Mr. Edwards, Mr. Loocock, the Rev. Mr. Tennent, and Mr. William Bull; and that they do report thereon as soon as possible.

RESOLVED, That Col. Powell, Col. Fuller, Mr. Loocock, Capt. Shubrick, Dr. Oliphant, Mr. Cannon, and Mr. Brown, be, and they are hereby appointed Commissioners, for laying forthwith such obstructions to the navigation of the channels over Charles-Town bar and in the harbour, as they shall judge necessary, to prevent the passage of ships of war. And that the Council of Safety do give every assistance to the said Commissioners, and cause the necessary sums of money to be advanced, for the carrying on this service.

Col. Powell, from the Committee to consider and report the best means of erecting a powder|mill, and promoting the making of gunpowder in this colony, delivered in a report;

And the said report being considered, the Con|gress came to the following resolution:

Whereas Henry Felder, Esq having proposed to manufacture sulphur and nitre into gunpowder: According to his offer, it is

RESOLVED, That a proper quantity of nitre and sulphur, belonging to the Public, be put into the hands of the said Henry Felder, Esq to be by him made up into gunpowder, and delivered into the Public Magazine: That Mr. Felder be allow|ed seven shillings and six pence currency for each pound of gunpowder, by him so made up, from such materials, exclusive of the charge of carriage.

Page 118

And that upon his delivering a quantity of gun|powder into the hands of the Public Receiver, he be, from time to time, supplied with an equal quantity of materials, to be in like manner made up into gunpowder.

RESOLVED, That the following members of Congress be immediately, at their own expence, summoned to attend the public service in Congress, on or before the 26th instant, viz. Peter Leger, Gabriel Capers, Elias Ball, jun. Richard Walter, Benjamin Smith, John Izard, James Akin, Charles Elliott, Robert Ladson, George Haig, William Skirving, Thomas Horry, Capers Boone, Elias Horry, jun. Theodore Gaillard, jun. Thomas Tucker, Benjamin Garden, Isaac Macpherson, John Gaillard, Philip Porcher, Peter Sinckler, and He|zekiah Maham, Esquires. And further

RESOLVED, That if any of the said members shall fail, without good and sufficient reason, of being present in Congress as aforesaid, such absent members shall be, at their own expence, taken into custody.

RESOLVED, That the Commissioners of the Treasury do pay the forty shillings per day allowed by Congress to members attending the public ser|vice in Congress, only by warrant from the Presi|dent, specifying the sum due to the member re|quiring payment, and that he hath leave of absence.

Col. Laurens, from the Committee to confer with the Committee, from North-Carolina, and to

Page 119

concert a plan of measures for mutual defence and assistance, delivered in a report;

And the said report being read, and agreed to,

RESOLVED, That three hundred men from Col. Powell's regiment, and two hundred from Col. Horry's (exclusive of the militia on Waccamaw Neck) nearest to the North-Carolina boundary|line, be draughted and held in readiness, to march, on the shortest notice, when required, to the as|sistance of that colony.

That one thousand men, from the district of Salisbury, should be draughted, and held in readi|ness, to march, on the shortest notice, when re|quired, to the assistance of this colony. And,

That all expences attending troops sent, from one, to the relief of the other colony, should be paid by the colony from which they are sent; and that on stating a proper account between the two colonies, the balance, in which one shall be in|debted to the other, shall be forthwith paid.

ORDERED, That the Committee appointed on the 18th of last month to consider, among other things, of a proper division of the militia, and how the same may be rendered most serviceable to the public, do forthwith sit, and give in a report to-morrow.

ORDERED, That Major Williamson, Col. Ger|vais, Capt. Williams, and Capt. Winn, be added to the said Committee.

Read a letter, received last night from the Council of Safety of Georgia, dated 16th instant, with the sundry papers therein referred to, viz.

Page 120

No. 1. Two letters from Messrs. Demeré and Ro|berts to Col. M'Intosh, dated on board the Charm|ing Nancy, 3d and 4th March—Col. M'Intosh's answer—Letter from Messrs. Demeré and Ro|berts, 4th March.

No. 2. Letter from Col. M'Intosh to Messrs. De|meré and Roberts—Letter from Capt. Barclay and Major Grant, dated on board the Hinchin|brook 6th March—Col. M'Intosh's letter to them, 5th March—Letter from Mr. Demeré to Col. M'Intosh, dated Hinchinbrook, 6th March.

No. 3. Letter from the Council of Safety in Georgia, to Capt. Barclay and Major Grant, dated Savan|nah, 7th March—Letter from Capt. Barclay and Major Grant, to Anthony Stokes, Esq dated on board the Scarborough, 14th March.

No. 4. Letter from the Council of Safety for Georgia, to Capt. Barclay and Major Grant, dated Savan|nah, 16th March—Copy of an intercepted letter from James Taylor, dated on board the Christie, at Cockspur, 14th March, to Mr. George Hou|ston—Copies of other intercepted letters, viz. from John Simpson in London, dated 23d December, 1775, to Mr. George Houstoun; from Robert Grant and Comp. in London, to the same, of same date; with an extract of a contract with the Com|missioners of the Victualling-Office; from Roger Kelsall in London, dated 5th December, 1773; and from the same, dated 22d December, to Kel|sall and Spalding at Sunbury.

Adjourned to nine o'clock to-morrow.

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In CONGRESS. SATURDAY, MARCH 23, 1776.

The Congress met,

And the journal of yesterday was read.

Thomas Waring, duly elected, and returned, a member of Congress for the parish of St. George, Dorchester, in the room of William Sanders, Esq deceased, attending, and declaring that he was wil|ling to serve,

ORDERED, That Mr. Waring do take his seat accordingly.

RESOLVED, That the Commissioners appointed yesterday for laying such obstructions to the naviga|tion of the channels over Charles-Town Bar and in the harbour, as they shall judge necessary, be, and they are hereby, authorized and required, to prepare proper fire-vessels, for the most effectual annoyance of any enemy that shall attempt to enter the said harbour.

ORDERED, That Capt. Lempriere be added to the said Commissioners.

RESOLVED, That all the letters which have been put on board the ship Port-Henderson, be forthwith brought from thence, and lodged in the Constitu|tional Post-Office, and there delivered to the several persons claiming; the claimants opening the same in the office, to prevent mis-delivery.

RESOLVED, That Mr. Edwards, Capt. Roger Smith, Mr. Hall, Mr. Loocock, Mr. Corbett, and Mr. Dupont, be, and they are hereby, appointed

Page 122

Commissioners, for unlading and valuing the cargo of the ship Port-Henderson, and for fixing a reason|able rate at which the said cargo shall be sold, for consumption, or for sale, at a price not exceeding the purchase and carriage, in small quantities by re|tail; and for employing proper persons to execute this service, allowing such proper persons a reason|able compensation for their trouble.

RESOLVED, That the Commissioners appointed to purchase Salt, do take, for the public benefit, all such salt as they can find in the hands of private per|sons, as expressed in the Resolve of the 19th instant, for the uses therein mentioned; paying for the said salt twenty-five shillings per bushel, and allowing for each family from whom such salt shall be taken, sufficient for such family's use during six months.

Read a letter from Edward Rutledge, Esq one of the delegates from this colony in the Continental Congress, dated at Philadelphia, 1st March, 1776.

RESOLVED, That the delegates of this colony in the Continental Congress, or a majority of such of them as shall, at any time, be present in the said Congress, or any one of the said delegates, if no more than one shall be present, be, and they and he, are and is, hereby authorized and impowered, for and in behalf of this colony, to concert, agree to, and execute, every measure which they or he, together with a majority of the Continental Congress, shall judge necessary, for the defence, security, interest or welfare of this colony in particular, and of America in general.

Page 123

RESOLVED, That Roger Smith, Thomas Savage, John Matthewes, John Huger, John Parker, Jacob Motte, Elias Horry, jun. Peter Leger, and Alexan|der Moultrie, Esquires, be, and they are hereby ap|pointed Commissioners to stamp, and any three of them to sign, the bills or certificates of the larger denominations from one hundred pounds down to fifteen pounds; which bills shall also be countersigned by any one of the Commissioners of the Treasury: And that John Deas, John Scott, sen. John M'Call, sen. Joshua Ward, Samuel Prioleau, jun. James Fisher, John Webb, William Doughty, Alexander Inglis, William Greenwood, Samuel Legaré, Na|thaniel Russel, Thomas Jones, Peter Fayssoux, and Thomas Waring, Esquires, be, and they are hereby appointed Commissioners, with all possible dispatch, to have printed, and any two of them to sign, the bills of smaller denominations, from three pounds down to one shilling and three pence; voted on the 6th instant to be issued: And when stamped, print|ed, signed and numbered as aforesaid, that they, from time to time, deliver all the said bills, into the hands of the Commissioners of the Colony Treasury.

The report of the Committee, to whom were re|ferred the petitions of Joseph Buffington and Wil|liam Wofford, Esq being taken into consideration, and amended; the Congress came to the following resolutions thereupon:

Whereas it appears, That the fifty acres of land, upon which iron works are to be erected by Joseph Buffington, are not his, but the property of William Wofford, Esq or others; and that there is an in|cumbrance

Page 124

upon the said works, already begun; and that the carrying on the said works will be a public benefit: Therefore,

RESOLVED, That the said incumbrance, being two thousand three hundred and eighty-one pounds, eight shillings and ten pence half-penny, due to the Hon. William-Henry Drayton, be paid; and that the sum of four thousand pounds be lent, for the carrying on, and completing the said works, upon the following terms, viz. That when the said Wil|liam Wofford, or others, having legal right so to do, shall have made, to the said Joseph Buffington, good and sufficient title, in fee simple, to the said fifty acres of land; saving to the said William Wofford, his heirs and assigns, that on no part of the said fifty acres of land shall any grist or flour mill, to work by water, be erected, and that the water shall not be stopped to the detriment of the said William Wof|ford, his heirs and assigns; and the said Joseph Buffington shall then have made to John Neufville, William Gibbes, and Peter Bacot, Esquires, in trust for the public, good and sufficient titles in fee simple, and also titles in like manner to one thousand acres of land, with timber, for fuel, contiguous thereto, and Mr. Drayton shall have transferred to the said John Neufville, William Gibbes, and Peter Bacot, Esquires, for the use of the public, all such securities as he may have for the payment to him of the said incumbrance; then the said sum of two thousand three hundred and eighty-one pounds, eight shillings and ten pence half-penny, shall, by the Commissioners of the Treasury, be paid to Mr. Drayton; and the said Commissioners shall also then pay into the hands of Col. John Tho|mas,

Page 125

Capt. James Williams, and Mr. John Prince, the said sum of four thousand pounds, to be, by them, expended and laid out, as Commissioners, for erecting and completing the said works. And that, if the said sum of six thousand three hundred and eighty-one pounds, eight shillings and ten pence half-penny, shall not, by the said Joseph Buffington, his heirs or assigns, be repaid to the Commissioners of the Treasury for the time being, within four years next ensuing, then the said lands, with all the improvements thereon, shall be sold, and the public reimbursed the said six thousand three hundred and eighty-one pounds, eight shillings and ten pence half-penny, of the money arising from the sale; and the overplus, if any, be paid to the said Joseph Buf|fington, his heirs or assigns.

And whereas the establishment of another iron work will also be of public utility: Therefore,

RESOLVED, That the sum of three thousand pounds, for that purpose, be granted to William Wofford; upon his giving full and sufficient Security for the re-payment of the same, within four years, to the Commissioners of the Treasury for the time being. Provided nevertheless, That the said sum of three thousand pounds shall not be lent to the said William Wofford, until he shall have made, or caused to be made, good-titles as aforesaid to the said Joseph Buffington, to the said fifty acres of land. And also,

It is hereby declared, That the two iron works above specified, shall not be intitled to receive the premiums already declared for the encouragement of iron works.

Page 126

Mr. Edwards, from the Committee to whom the proposal of Mr. William Bellamy was referred, deli|vered in a report;

And the said report being taken into immediate consideration▪

RESOLVED, That the sum of three thousand pounds currency, be advanced to the said William Beliamy, out of the Colony Treasury, on loan, for the term of five years, free of interest, in considera|tion, and for the express purpose, of his forthwith erecting a proper mill for making paper and cutting files, in as great perfection as in any part of Europe▪ He, the said Bellamy, giving undeniable security to John Neusville, William Gibbes, and Peter Bacot, Esquires, Commissioners of the Colony Treasury, for the performance thereof, and for re-payment of the said sum, into the said Treasury, by the expiration of the said term of five years.

On motion, That this Congress do now proceed to choose another captain for the second regiment of riflemen, in the room of Capt. Richardson, resigned.

RESOLVED, That the said appointment be referred, and left, to the Council of Safety.

RESOLVED, That Thomas Lynch, jun. Esq on account of the alarming ill state of health of his fa|ther, one of the delegates from this colony, at Phila|delphia, have leave of absence.

RESOLVED, That another delegate to represent this colony in the Continental Congress, be forth|with chosen by this Congress, by ballot, in addition

Page 127

to, and with as full powers, in all respects, as the delegates already chosen have, and are invested with.

The Congress then proceeded to ballot for the said delegate;

And Thomas Lynch, jun. Esq appeared to be, and was declared, duly elected;

RESOLVED, That Thomas Lynch, jun. Esq be, and he is hereby, appointed a sixth delegate from this colony, to represent the same in the Continental Congress.

Col. Powell, from the Committee to consider of a proper division of the country militia, delivered in a report;

And the said report being taken into consideration immediately, amended, and agreed to. It was

RESOLVED, That the regiment of militia, com|manded by Col. Richard Richardson, be, in the following manner, divided into four battalions; each under a Lieutenant-Colonel and Major resident in the district, and the whole under the command of Col. Richardson, viz. That part of the said regiment lying eastward of Santee and Wateree rivers, into two bat|talions, to be divided by Rafting-Creek, from the mouth and north branch thereof up to its source, and thence by a line due east to Lynch's creek; and the other part of the said regiment, lying westward or Wateree river, into two other battalions, to be di|vided by Wateree creek, and the south branch thereof up to its source, then down Jackson's creek to the mouth, and to Syra's ferry on Broad River. And,

Page 128

That the fork between Saludy and Broad Rivers, be divided into three regiments, according to the division of districts by the resolve of Congress of the 9th of February last, one regiment in each of the said districts.

RESOLVED, That Thomas Lynch, sen. Esq one of the delegates of this colony in the Continental Congress, on account of his ill state of health, have leave to return to this colony, if he shall think it necessary.

Adjourned to nine o'clock to-morrow.

In CONGRESS. SUNDAY, MARCH 24, 1776.

The Congress met,

And the journal of yesterday was read.

Mr. John Rutledge, from the Committee to prepare a plan or form of government, in addition to their former partial report, made a further report;

And the said further report being taken into immediate consideration, and amended, and the whole report being gone through:

ORDERED, That the same be forthwith fairly engrossed upon royal paper, and laid before the Congress.

RESOLVED, That Gabriel Manigault, Thomas Smith, John Scott, sen. Samuel Prioleau, sen. Lionel Chalmers, Esquires, and Messrs. Benjamin

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Baker, Richard Muncreeff, Thomas Young, and William Banbury, be, and they are hereby, ap|pointed Commissioners, they, or any five of them, to appraise and value the houses in Charles-Town; in order that if, during the present unnatural civil war, any of those houses should be damaged or destroyed, and any recompence should hereafter be thought proper to be made, such owners of them as shall be in readiness, by arms, to defend Charles-Town, and widows and orphans, may be recom|penced accordingly. And that the said Commis|sioners, or a majority of them, as aforesaid, shall, upon oath, and as soon as possible, make return of the said appraisement, together with the names of the proprietors, or inhabitants, of the houses re|spectively that are abandoned.

RESOLVED, That the same allowance as has been heretofore granted to the delegates of this co|lony, be given to the delegates now representing, and to represent, this colony in the Continental Congress.

RESOLVED, That the thanks of this Congress be forthwith, by Mr. President, presented, by letter, to Col. Richard Richardson, for the very important and signal services he has rendered to his country, and to the common cause, by putting a stop to the late dangerous and alarming insur|rection, which the enemies of America had excited in the interior parts of the colony; desiring the colonel to signify the thanks of this Congress also,

Page 130

to the officers and men who were under his com|mand upon that expedition.

RESOLVED also, That the thanks of this Con|gress be returned to Major Andrew Williamson, for his important services on the same occasion.

And Major Williamson being present in Con|gress, received thanks accordingly.

RESOLVED, That Mr. President be desired to transmit the thanks of this Congress to Major James Mayson, for his services upon the late ex|pedition under Col. Richardson.

RESOLVED, That the thanks of this Congress be returned to Stephen Bull, Esq of Sheldon, Colonel of the Granville county regiment of mili|tia, for his important services in the command of the colony forces in Savannah: And that he be desired to signify their thanks to the officers and men then under his command.

And thanks were accordingly returned to Col. Bull.

Adjourned to nine o'clock to-morrow.

In CONGRESS. MONDAY, MARCH 25, 1776.

The Congress met.

And the journal of yesterday was read.

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The report of the Committee to prepare proper rules and articles for the government of the navy of this colony, being taken into consideration;

The said rules were amended, and agreed to.

ORDERED, That the Secretary do forthwith cause a proper number of copies of the said rules and articles to be printed, for the use of the navy of this colony.

RESOLVED, That every officer who actually keeps a servant, and does not take a soldier from the regiment, to wait on him, shall be allowed a ration of provision for such servant per day.

ORDERED, That Capt. Williams, Capt. Winn, Mr. Loocock, Mr. Prince, Col. Wofford, and Mr. Beard, be a Committee, to consider and report proper places in the interior parts of the colony, at which the election of members of Congress, or of the General Assembly, should be held, where such places are not already appointed, or where those, already appointed, may be improper or in|convenient; and also of proper persons to attend and receive the votes of the electors.

Adjourned to nine o'clock to-morrow.

In CONGRESS. TUESDAY, MARCH 26, 1776.

The Congress met,

And the journal of yesterday was read.

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The Committee to whom the petition of David Duncan was referred, reported, That they had, to the satisfaction of both parties, settled the dis|pute between him and Mrs. Lingard.

The engrossed copy of "a constitution or form of government" being laid before the Congress,

ORDERED, That Col. C. C. Pinckney and Mr. Salvador, be a Committee, to examine and com|pare the same with the rough draught thereof.

George King, Esq was returned duly elected on the 6th instant, as a representative for the parish of St. Matthew, in the room of Tacitus Gaillard, Esq who had declined serving.

On motion, to establish a proper rank between the officers of the land and sea forces, of this colony.

Whereas it is expedient for the public service, that a proper rank should be established between the officers in the navy, and between the officers in the navy and the officers in the land forces of this colony: Therefore it is

RESOLVED, That rank be established in the fol|lowing manner:

The captain of a ship or frigate, of not less than twenty guns, all not less than nine-pounders, of three years standing, to rank with a colonel.

The captain of a ship or frigate, as aforesaid, of less than three years standing, to rank with a lieu|tenant-colonel.

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The captain of a ship that does not carry twenty guns, all not less than nine-pounders, to rank with a major.

The master or commander of a snow or brigan|tine, scooner or sloop, each carrying not less than fifty men, to rank with a captain of foot. And,

Lieutenants in the navy to rank with lieutenants of foot.

Col. C. C. Pinckney reported, That he, with Mr. Salvador, had carefully examined the engrossed copy of the constitution or form of government, and that they found it correct.

ORDERED, That the following title be prefixed to the said engrossed copy:

SOUTH-CAROLINA.

In a CONGRESS, begun and holden at Charles-Town, on Wednesday the first day of November, one thousand seven hundred and seventy-five, and continued, by divers adjournments, to Tuesday the twenty-sixth day of March, one thousand seven hundred and seventy-six.

A CONSTITUTION, or Form of Government, agreed to, and Resolved upon, by the Representatives of South-Carolina.

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RESOLVED, That Michael Kalteisen, Esq while he continues to discharge the duties of commis|sary of military stores for the regular forces, be allowed a pay of forty shillings per day, for that service.

The Committee to whom the memorial of sun|dry inhabitants on Savannah-river, Great Rocky-creek, and places adjacent, was referred, delivered in a report;

And the said report being taken into immediate consideration, was agreed to.

RESOLVED, That Fort-Royal, about eighteen miles above Fort-Charlotte on Savannah-river, on the frontiers of this colony, is advantageously situ|ated for the security of the inhabitants, in case of an Indian war either with the Creeks or Cherokees. That Major Williamson, Capt. Bowie, Capt. Andrew Pickens, Adam-Crain Jones, Esq and Mr. Rapley, be, and they are hereby, appointed Commissioners, they, or a majority of them, to view the said fort, and to report, upon oath, at the next meeting of Congress or General Assembly, the state thereof, the expence of building it, and the damage done to the owner of the land.

RESOLVED, That the paymaster to the two regiments of riflemen, be allowed a daily pay of three pounds and ten shillings.

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ORDERED, That the engrossed copy of the con|stitution or form of government, with the title prefixed, be now read;

And the same being read, is as follows:

SOUTH-CAROLINA.

In a CONGRESS, begun and holden at Charles-Town, on Wednesday the first day of November, one thousand seven hundred and seventy-five, and continued, by divers adjournments, to Tuesday the twenty-sixth day of March, one thousand seven hundred and seventy-six.

A CONSTITUTION, OR FORM OF GOVERNMENT, Agreed to, and Resolved upon, BY The Representatives of South-Carolina.

WHEREAS the British Parliament, claiming of late years a right to bind the North-Ame|rican Colonies by law, in all cases whatsoever, have enacted statutes for raising a revenue in those colo|nies, and disposing of such revenue as they thought proper, without the consent, and against the will of the colonists. And whereas, it appearing to them, that (they not being represented in Parlia|ment)

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such claim was altogether unconstitutional; and, if admitted, would at once reduce them from the rank of Freemen to a state of the most abject Slavery; the said colonies, therefore, severally re|monstrated against the passing, and petitioned for the repeal of those acts—but in vain. And where|as the said claim being persisted in, other uncon|stitutional and oppressive statutes have been since enacted, by which the powers of the Admiralty Courts in the colonies are extended beyond their ancient limits, and jurisdiction is given to such Courts in cases similar to those which in Great-Britain are triable by jury—Persons are liable to be sent to, and tried in, Great Britain, for an offence created and made capital by one of those statutes, though committed in the colonies—the harbour of Boston was blocked up—people indicted for mur|der in the Massachusetts-Bay, may, at the will of the Governor, be sent for trial to any other colony, or even to Great-Britain—the chartered constitu|tion of government in that colony is materially al|tered—the English laws and a free government, to which the inhabitants of Quebec were intitled by the King's Royal Proclamation, are abolished; and French laws are restored; the Roman Catho|lic Religion (although before tolerated and freely exercised there) and an absolute government are established in that province, and its limits extend|ed through a vast tract of country, so as to border on the free Protestant English Settlements, with design of using a whole people, differing in reli|gious principles from the neighbouring colonies, and subject to arbitrary power, as fit instruments to

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over-awe and subdue the colonies. And whereas the Delegates of all the colonies on this continent, from Nova Scotia to Georgia, assembled in a Ge|neral Congress at Philadelphia, in the most dutiful manner, laid their complaints at the foot of the throne, and humbly implored their Sovereign, that his royal authority and interposition might be used for their relief from the grievances occasioned by those statutes, and assured his Majesty, that har|mony between Great-Britain and America, ardent|ly desired by the latter, would be thereby immedi|ately restored, and that the colonies confided in the magnanimity and justice of the King and Par|liament for redress of the many other grievances under which they laboured. And whereas, these complaints being wholly disregarded, statutes still more cruel than those abovementioned, have been enacted, prohibiting the intercourse of the colonies with each other, restricting their trade, and depriv|ing many thousands of people of the means of sub|sistence, by restraining them from fishing on the American coast. And whereas, large fleets and armies having been sent to America, in order to enforce the execution of those laws, and to com|pel an absolute and implicit submission to the will of a corrupt and despotic administration, and in consequence thereof, hostilities having been com|menced in the Massachusetts-Bay, by the troops under command of General Gage▪ whereby a num|ber of peaceable, helpless, and unarmed people, were wantonly robbed and murdered; and there being just reason to apprehend that like hostilities would be committed in all the other colonies, the

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colonists were therefore driven to the necessity of taking up arms to repel force by force, and to de|fend themselves and their properties against lawless invasions and depredations.—Nevertheless, the De|legates of the said colonies, assembled in another Congress at Philadelphia, anxious to procure a re|conciliation with Great Britain upon just and con|stitutional principles, supplicated his Majesty to direct some mode by which the united applica|tions of his faithful colonists might be improved into a happy and permanent reconciliation; that in the mean time measures might be taken for pre|venting the further destruction of their lives; and that such statutes as immediately distressed any of the colonists might be repealed. And whereas, instead of obtaining that justice to which the colo|nists were and are of right intitled, the unnatural Civil War, into which they were thus precipitat|ed, and are involved, hath been prosecuted with unremitted violence; and the Governors and others bearing the Royal Commission in the colonies, having broken the most solemn promises and en|gagements, and violated every obligation of ho|nour, justice and humanity; have caused the persons of divers good people to be seized and imprisoned, and their properties to be forceably taken and de|clined, or destroyed, without any crime or forfei|ture— excited domestic insurrections—proclaimed freedom to servants and slaves—enticed or stolen them from, and armed them against their masters instigated and encouraged the Indian nations to war against the colonies—dispenced with the law of the land, and substituted the law-martial in its

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stead—killed many of the colonists—burned seve|ral towns, and threatened to burn the rest; and daily endeavour, by a conduct which has sullied the British arms, and would disgrace even savage nations, to effect the ruin and destruction of the colonies. And whereas a statute hath been lately passed, whereby, under pretence that the said co|lonies are in open rebellion, all trade and com|merce whatsoever with them is prohibited—vessels belonging to their inhabitants trading in, to, or from the said colonies, with the cargoes and ef|fects on board such vessels, are made lawful prize, and the masters and crews of such vessels, are sub|jected, by force, to act on board the King's ships, against; their country and dearest friends; and all seizures and detention, or destruction of the per|sons and properties of the colonists, which have at any time been made, or committed, for withstand|ing or suppressing the said pretended rebellion, and which shall be made in pursuance of the said act, or for the service of the public, are justified; and persons suing for damages in such cases are, on fail|ing in their suits, subjected to payment of very heavy expences. And whereas, large reinforce|ments of troops and ships have been ordered, and are daily expected in America, for carrying on war against each of the United Colonies, by the most vigorous exertions. And whereas, in consequence of a plan recommended by the Governors, and which seems to have been concerted between them and their ministerial masters, to withdraw the usual officers, and thereby loosen the bands of govern|ment, and create anarchy and confusion in the

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colonies; Lord William Campbell, late Governor, on the 15th day of September last, dissolved the General Assembly of this Colony, and no other hath since been called, although, by law, the sitting and holding of General Assemblies, cannot be intermitted above six months; and having used his utmost efforts to destroy the lives, liberties and properties of the good people here, whom by the duty of his station he was bound to protect, with|drew himself from the colony, and carried off the Great Seal and the Royal Instructions to Gover|nors. And whereas the Judges of the Courts of Law here have refused to exercise their respective functions, so that it is become indispensably neces|sary, that during the present situation of American Affairs, and until an accommodation of the un|happy differences between Great-Britain and Ame|rica can be obtained, (an event, which though tra|duced and treated as rebels, we still earnestly desire) some mode should be established by common con|sent, and for the good of the people, the origin and end of all government, for regulating the internal polity of this Colony, THE CONGRESS, being vest|ed with powers competent for the purpose, and having fully deliberated touching the premises, Do therefore RESOLVE,

I. 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.

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II. That the General Assembly shall, out of their own body, elect by ballot, a Legislative Council, to consist of thirteen members, (seven of whom shall be a Quorum) and to continue for the same time as the General Assembly.

III. That the General Assembly, and the said Legislative Council, shall jointly choose by ballot, from among themselves, or from the people at large, a President and Commander in Chief, and a Vice President of the colony.

IV. That a member of the General Assembly, being chosen and acting as President and Com|mander in Chief, or Vice-President, or one of the Legislative Council, shall vacate his seat in the Ge|neral Assembly, and another person shall be elected in his room; and if one of the Legislative Council is chosen President and Commander in Chief, or Vice-President, he shall lose his seat, and another person shall be elected in his stead.

V. That there be a Privy Council, whereof the Vice-President of the colony shall of course be a member and President of the Privy Council, and that six other members be chosen by ballot, three by the General Assembly, and three by the Legisla|tive Council. PROVIDED ALWAYS, That no of|ficer of the army, or navy, in the service of the Continent, or of this colony, shall be eligible. And a Member of the General Assembly or of the Legisla|tive Council, being chosen of the Privy Council shall not thereby lose his seat in the General Assembly or Legislative Council, unless he be elected Vice-President of the Colony, in which case he shall,

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and another person shall be chosen in his stead. The Privy Council (of which four to be a Quo|rum) to advise the President and Commander in Chief when required; but he shall not be bound to consult them, unless in cases after mentioned.

VI. That the qualifications of the President and Commander in Chief, and Vice-President of the colony, and members of the Legislative and Privy Council, shall be the same as of members of General Assembly; and on being elected, they shall take an oath of Qualification in the General Assembly.

VII. That the legislative authority be vested in the President and Commander in Chief, the Gene|ral Assembly, and Legislative Council. All Money Bills for the support of government shall originate in the General Assembly, and shall not be altered, or amended by the Legislative Council, but may be rejected by them. All other Bills and ordinan|ces may take rise in the General Assembly or Le|gislative Council, and be altered, amended, or re|jected by either. Bills, having passed the General Assembly and Legislative Council, may be assented to, or rejected by the President and Commander in Chief; having received his assent, they shall have all the force and validity of an Act of General As|sembly of this colony. And the General Assembly and Legislative Council, respectively, shall enjoy all other privileges which have at any time been claimed, or exercised by the Commons House of Assembly; but the Legislative Council shall have no power of expelling their own members.

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VIII. That the General Assembly and Legisla|tive Council, may adjourn themselves respectively, and the President and Commander in Chief shall have no power to adjourn, prorogue, or dissolve them, but may, if necessary, call them before the time to which they shall stand adjourned. And where a bill has been rejected, it may, on a meet|ing after an adjournment, for not less than three days, of the General Assembly and Legislative Council, be brought in again.

IX. That the General Assembly and the Legis|lative Council shall each choose their respective Speakers, and their own officers, without controul.

X. That if any Member of the General Assem|bly, or of the Legislative Council, 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.

XI. That on the last Monday in October next, and the day following, and on the same days of every second year thereafter, Members of the Ge|neral Assembly shall be chosen, to meet on the first Monday in December then next, and conti|nue for two years, from the said last Monday in October. The General Assembly to consist of the same number of Members as this Congress does, each parish and district having the same representa|tion as at present, viz.

  • The Parishes of St. Philip and St. Michael, Charles-Town, thirty members.
  • ...

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  • The parish of Christ-Church, six members.
  • The parish of St. John, in Berkley County, six members.
  • The parish of St. Andrew, six members.
  • The parish of St. George, Dorchester, six members.
  • The parish of St. James, Goose-Creek, six members.
  • The parish of St. Thomas and St. Dennis, six members.
  • The parish of St. Paul, six members.
  • The parish of St. Bartholomew, six members.
  • The parish of St. Helena, six members.
  • The parish of St. James, Santee, six members.
  • The parish of Prince George, Winyah, six mem|bers.
  • The parish of Prince Frederick, six members.
  • The parish of St. John, in Colleton-County, six members.
  • The parish of St. Peter, six members.
  • The parish of Prince William, six members.
  • The parish of St. Stephen, six members.
  • The District to the Eastward of Wateree River, ten members.
  • The District of Ninety-Six, ten members.
  • The District of Saxe-Gotha, six members.
  • The District between Broad and Saludy Rivers, in three Divisions, viz.
  • The Lower District, four members; the Little River District, four members; the Upper or Spartan District, four members.
  • The District between Broad and Catawba Rivers, ten Members.
  • The District called the New Acquisition, ten members.
  • ...

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  • The parish of St. Matthew, six members.
  • The parish of St. David, six members.
  • The District between Savannah-River, and the North Fork of Edisto, six members.

And the election of the said members shall be conducted, as near as may be, agreeable to the di|rections of the election-act; and where there are no churches or church-wardens in a district or pa|rish, the General Assembly, at some convenient time before their expiration, shall appoint places of election, and persons to receive votes and make returns. The qualification of electors shall be the same as required by law; but persons having pro|perty, which according to the rate of the last pre|ceding tax, is taxable at the sums mentioned in the election act, shall be intitled to vote, though it was not actually taxed, having the other qualifications mentioned in that act. Electors shall take an oath of qualification, if required by the returning officer. The qualification of the elected, to be the same as mentioned in the election act, and construed to mean clear of debt.

XII. That if any parish or district neglects or refuses to elect members, or, if the members chosen do not meet in General Assembly, those who do meet, shall have the powers of the General Assem|bly. Not less than forty-nine members shall make a house to do business, but the Speaker, or any seven members, may adjourn from day to day.

XIII. That as soon as may be after the first meeting of the General Assembly, the President and Commander in Chief, a Vice-President of the

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colony and Privy Council, shall be chosen in man|ner and for the time above-mentioned; and till such choice shall be made, the former President and Commander in Chief, and Vice-President of the colony, and Privy Council, shall continue to act as such.

XIV. That, in case of the death of the Pre|sident and Commander in Chief, or his absence from the colony, the Vice-President of the colony shall succeed to his office, and the Privy Council shall choose out of their own body a Vice-Presi|dent of the Colony. And in case of the death of the Vice-President of the colony, or his absence from the colony, one of the Privy Council, to be chosen by themselves, shall succeed to his office, until a nomination to those offices respectively, by the General Assembly and Legislative Council for the remainder of the time for which the officer so dying or being absent was appointed.

XV. That the Delegates of this colony in the Continental Congress be chosen by the General Assembly and Legislative Council jointly by ballot in the General Assembly.

XVI. That the Vice-President of the colony and the Privy Council, or the Vice-President and a majority of the Privy Council, for the time be|ing, shall exercise the powers of a Court of Chan|cery. And there shall be an Ordinary, who shall exercise the powers heretofore exercised by that officer in this colony.

XVII. That the jurisdiction of the Court of Admiralty be confined to maritime causes.

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XVIII. That all suits and process depending in any Courts or Law or Equity may, if either party shall be so inclined, he proceeded in and continued to a final ending, without being obliged to com|mence de novo. And the Judges of the Courts of Law shall cause jury-lists to be made, and juries to be summoned as near as may be according to the directions of the acts of the General Assembly in such cases provided.

XIX. That Justices of the Peace shall be nomi|nated by the General Assembly and commissioned by the President and Commander in Chief, during pleasure. They shall not be intitled to Fees except on prosecutions for felony; and, not acting in the magistracy, they shall not be intitled to the privi|leges allowed to them by law.

XX. That all other judicial officers shall be cho|sen by ballot jointly by the General Assembly and Legislative Council, and except the Judges of the Court of Chancery, commissioned by the President and Commander in Chief, during good behaviour; but shall be removed on address of the General Assembly and Legislative Council.

XXI. That the Sheriffs, qualified as by law di|rected, shall be chosen in like manner, by the General Assembly and Legislative Council, and commissioned by the President and Commander in Chief for two years only.

XXII. That Commissioners of the Treasury, the Secretary of the colony, the Register of Mesne Conveyances, Attorney General, and Powder Re|ceiver, be chosen by the General Assembly and

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Legislative Council jointly by ballot, and commis|sioned by the President and Commander in Chief, during good behaviour; but shall be removed on address of the General Assembly and Legislative Council.

XXIII. That all Field Officers in the army, and all Captains in the navy, shall be by the Ge|neral Assembly and Legislative Council chosen jointly by ballot, and commissioned by the Presi|dent and Commander in Chief; and that all other officers in the army and navy shall be commission|ed by the President and Commander in Chief.

XXIV. That in case of vacancy in any of the offices above directed to be filled by the General Assembly and Legislative Council, the President and Commander in Chief, with the advice and consent of the Privy Council, may appoint others in their stead, until there shall be an election by the General Assembly and Legislative Council to fill those vacancies respectively.

XXV. That the President and Commander in Chief, with the advice and consent of the Privy Council, may appoint during pleasure, until otherwise directed by resolution of the General Assembly, and Legislative Council, all other ne|cessary officers, except such as are by law directed to be otherwise chosen.

XXVI. That the President and Commander in Chief shall have no power to make war or peace, or enter into any final treaty, without the consent of the General Assembly and Legislative Council.

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XXVII. That if any parish or district shall ne|glect to elect a member or members on the day of election, or in case any person chosen a member of the General Assembly shall refuse to qualify and take his seat as such, or die, or depart the colony, the said General Assembly shall appoint proper days for electing a member or members of the said General Assembly in such cases respectively. And on the death of a member of the Legislative, or Privy Council, another member shall be chosen in his room, in manner abovementioned for the election of members of the Legislative and Privy Council respectively.

XXVIII. That the resolutions of the Continental Congress now of force in this colony, shall so con|tinue until altered or revoked by them.

XXIX. That the resolutions of this, or any former Congress of this colony, and all laws now of force here, (and not hereby altered) shall so con|tinue, until altered, or repealed by the Legislature of this colony, unless where they are temporary, in which case they shall expire at the times re|spectively limited for their duration.

XXX. That the executive authority be vested in the President and Commander in Chief, limited and restrained as aforesaid.

XXXI. That the President and Commander in Chief, Vice-President of the colony, and Privy Council respectively, shall have the same personal privileges as are allowed by act of Assembly to

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the Governor, Lieutenant-Governor and Privy Council.

XXXII. That all persons now in office shall hold their Commissions until there shall be a new ap|pointment in manner above directed,, at which time all Commissions not derived from authority of the Congress of this colony, shall cease and be void.

XXXIII. That all persons, who shall be chosen and appointed to any office, or to any place of trust, before entering upon the execution of office, shall take the following oath:

I A.B. do swear, that I will to the utmost of my power support, maintain, and defend the Consti|tution of South-Carolina, as established by Congress, on the 26th day of March, one thousand seven hun|dred and seventy-six, until an accommodation of the differences between Great-Britain and America shall take place, or I shall be released from this oath by the Legislative Authority of the said colony. So help me God.

And all such persons shall also take an oath of office.

XXXIV. That the following yearly salaries be allowed to the public officers undermentioned:

The President and Commander in Chief, nine thousand pounds.

The Chief Justice and the Assistant Judges, the Salaries respectively, as by act of Assembly esta|blished.

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The Attorney-General two thousand and one hundred pounds, in lieu of all charges against the public, for fees upon criminal prosecutions.

The Ordinary one thousand pounds.

The three Commissioners of the Treasury, two thousand pounds each.

And all other public officers shall have the same salaries as are allowed such officers respectively by act of Assembly.

By Order of the Congress. MARCH 26, 1776.

ORDERED, That Mr. President of the Congress do sign the same, and also the Secretary.

Which being done,

ORDERED, That the Secretary do cause the same to be forthwith printed and published, and three copies delivered for every member.

ORDERED, That Col. Parsons and Mr. Bee, be a Committee to prepare and report, the form of an oath proper to be administered to His Excel|lency the President and Commander in Chief, pre|vious to his entering upon the execution of the duties of that high station.

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The Constitution, or Form of Government, a|greed to, and resolved upon, by the Representa|tives of South-Carolina, being signed, by the Presi|dent of the Congress, and attested by the Secretary;

The Members made choice of the Honourable William-Henry Drayton, to be their Chairman.

And were then adjourned, as a General Assem|bly, to meet at five o'clock in the afternoon.

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A LIST of OFFICERS Chosen in the Manner directed by the CONSTITUTION, OR FORM of GOVERNMENT, Agreed to, and Resolved upon, BY The Representatives of South-Carolina, On the 26th Day of March, 1776.

TUESDAY, March 26. Members of a Legislative Council.

The Honble.

  • Charles Pinckney,
  • Henry Middleton,
  • Richard Richardson,
  • Rawlins Lowndes,
  • Le Roy Hammond,
  • Henry Laurens,
  • David Oliphant,
  • Thomas Ferguson,
  • Stephen Bull,
  • George-Gabriel Powell,
  • Thomas Bee,
  • Joseph Kershaw, and
  • Thomas Shubrick,
Esquires.

President and Commander in Chief of the Colony, His Excellency JOHN RUTLEDGE, Esq

Vice President of the Colony, His Honour HENRY LAURENS, Esq

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WEDNESDAY, March 27.

Chief Justice. The Hon. William Henry Dray|ton, Esq

Assistant Judges. The Hon. Thomas Bee, Esq and John Matthewes and Henry Pendleton, Esqrs.—[One still remains to be chosen, in the room of Joshua Ward, Esq who declined serving in that Station.]

Attorney-General. Alexander Moultrie, Esq

Secretary of the Colony. John Huger, Esq

Ordinary. William Burrows, Esq

Judge of the Admiralty. Hugh Rutledge, Esq

Register of Mesne Conveyances. George Sheed, Esq

Sheriff of CHARLES-TOWN District. Thomas Grimball, Esq

Speaker of the General Assembly. The Hon. James Parsons, Esq

Clerk. Peter Timothy.

Speaker of the Legislative Council. Hon. George Gabriel Powell, Esq

Clerk. Thomas Farr, jun. Esq

Member of the Legislative Council, in the room of His Honour HENRY LAURENS, Esquire, chosen Vice-President.

The Hon. William Moultrie, Esquire.

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THURSDAY, March 28. Members of a Privy Council.

The Hon.

  • James Parsons,
  • William-Henry Drayton,
  • John Edwards,
Esquires.

The Hon.

  • Charles Pinckney,
  • Thomas Ferguson,
  • Rawlins Lowndes,
Esquires.

[The THREE FIRST named were chosen by the GENERAL ASSEMBLY, the THREE last by the Hon. the LEGISLATIVE COUNCIL.]

Sheriffs for the Country Districts.
  • Edward Martin, Esq for George-Town.
  • Tunes Tebout, Esq for Beaufort.
  • Lewis Golson, Esq for Orangeburg.
  • Robert Stark, Esq for Ninety-Six.
  • John Wylly, Esq for Camden.
  • Henry-William Harrington, Esq for Cheraws.

☞Mr. Tebout and Mr. Golson, having re|spectively desired leave to decline accepting the office of Sheriff, JOHN RHODES, Esq has been since appointed for BEAUFORT; and JOHN JAMES HAIG, Esq for ORANGEBURG.

Secretary to the Privy Council. John Colcock, Esq

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