their service, and for encouraging the apprehending and securing of fugi- A. D.1775. tive seamen, and to discourage frivolous and vexatious actions at law being brought by seamen against masters and commanders of ships and other vessels," passed the seventeenth day of May, 1751: also, an Act entitled "An Act appointing Charles Garth, Esq. Agent to solicit and transact the affairs of this Province in Great Britain," passed the nineteenth day of May, 1762: also, " An Additional Act to an Act for establishing and maintaining a Watch Company, for preserving good orders and regulations in Charlestown," passed the twenty-third day of August, 1769: also, an Act entitled "An Act for a fish market, and preserving the lamps in Charlestown," passed the seventh day of April, 1770: and also an Act entitled "An Act for the preservation of deer, and to prevent the mischiefs arising from hunting at unseasonable times," passed the twelfth day of August, 1769-be, and they are hereby declared to be, revived, continued and enacted to be of full force and virtue, for and during and unto the full end and term of one year from and after the passing of this Act, and from thence to the end of the then next session of the General Assembly, and no longer.

RAWLINS LOWNDES, Speaker.

Assented to: WM. BULL.

In the Council Chamber, the 4th day of March, 1775.

AN АСТ то PREVENT

COUNTERFEITING OF PAPER MONEY OF OTHER No. 1010.
COLONIES.

WHEREAS, the want of a sufficient quantity of circulating specie to answer the purposes of commerce or the exigencies of Government, hath induced this and most others of the British Colonies in America to circulate certain paper notes as the representative of specie, to pass in payments for limited periods, when their redemption is provided for, the Preamble. counterfeiting of which is usually made felony in the respective Governments where they are emitted; but it is supposed that sundry evil minded persons have lately established presses in our Colony for preparing counterfeits of the paper of others, and by that means such forged paper is thrown into circulation with greater facility and security to the authors thereof, and it being judged reasonable that neighbouring countries having intercourse in trade should provide as far as in them lies against the debasing of their medium of commerce, we therefore pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief in and over his Majesty's Colony of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Colony, and by Penalty for the authority of the same, That if any person or persons shall within this counterfeiting Colony prepare, engrave, stamp or print, or cause or procure to be pre- paper money. pared, engraved, stamped or printed, the counterfeit resemblance of any paper money which now is, or hereafter may be, circulated in payments by legislative authority, in any British Colony or plantation in America, with intention that such counterfeit paper shall be passed in payments, whether the same be so passed or not; or if any person or persons shall in this Colony pay, or tender in payment, any counterfeit money, whether

A. D. 1775. the same were counterfeited in this Colony or elsewhere, knowing the same to be forged or counterfeited, every such person, being lawfully convicted, shall be adjudged a felon and shall suffer death without benefit of clergy.

II. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force from and after the passing thereof, for and during the term of five years, and no longer.

RAWLINS LOWNDES, Speaker.

In the Council Chamber, the 4th day of March, 1775.

Assented to: WM. BULL,

No. 1011. AN ORDINANCE FOR MAKING DISPOSITION OF MONIES FOR THE SUPPORT OF GOVERNMENT, and to enABLE HIS EXCELLENCY THE PResident and COMMANDER-IN-CHIEF OF SOUTH CAROLINA FOR THE TIME BEING, TO EX

Preamble.

Certain powers vested in the

President.

Proviso.

ERCISE CERTAIN POWERS, IN MANNER THEREIN MENTIONED.

WHEREAS, by certain resolutions passed in Congress at Charlestown, in June, November, February and March last past, reference was therein respectively had to the council of safety, and powers of high import were thereby for the public welfare vested in the said council; and whereas, the said council is no longer a part of the Government of this Colony, and in this time of public danger, it is expedient and absolutely necessary that the purport of the said resolutions should, as far as they are applicable to the public service, be carried into execution; and whereas, for the carrying on to the best advantage the defensive war in which this Colony is engaged, large authorities ought necessarily to be lodged in the executive power; wherefore, be it ordained,

I. And it is hereby ordained, by His Excellency, John Rutledge, Esq., President and Commander-in-chief in and over the Colony of South Carolina, and by the honorable the Legislative Council and General Assembly of this Colony, and by the authority of the same, That in all those matters and things concerning which, by the said resolutions respectively, application and recourse were directed to be made and had to the said council of safety, such application and recourse touching the premises shall henceforth be made and had to His Excellency the President and Commander-in-chief for the time being, who, with the advice and consent of the Privy Council, is hereby impowered to determine and proceed touching the said premises, as the said council of safety might have determined and proceeded. Provided always, that the said power hereby given shall not be construed to extend to any part of the powers stated in the resolutions passed in Congress on the fourteenth day of June last, relative to the appointment and suspension of officers, and to the direction, regulation, maintenance and ordering of the army, and of all military establishments and arrangements; or to a resolution of Congress passed on the seventeenth day of June last, relative to the strengthening, securing, and defending the Colony; or to any part of an Ordinance passed in Congress on the twenty-sixth day of November last; otherwise, than as shall be hereinafter mentioned.

II. And be it further ordained by the authority aforesaid, That His Excellency the President for the time being shall have and possess the supreme command, direction and ordering of, in and over the military

stores and forts, the regular forces by sea and land, and the militia through- A.D. 1776. out this Colony; and with the advice and consent of the Privy Council, may order any part or parts of the regular troops to act in a neighboring Colony.

III. And it is further ordained by the authority aforesaid, That His Excellency the President for the time being, with the advice and con- Powers of the sent of the Privy Council, shall, in all cases not to the contrary provided President. for by the Congress, direct the commissioners of the treasury, relative to the execution of their office; and with the advice and consent aforesaid, he shall issue his warrant upon the treasury for defraying the

expences of the civil, military and naval establishments, and for the services of the militia of this Colony; and also for such contingent and necessary expences as the nature of the public service and the security of the Colony may require; and also for the salaries of public officers and clergy respectively, which shall be paid half yearly.

IV. And it is further ordained by the authority aforesaid, That the commissioners of the treasury shall, out of the public monies, hold a sum not The commisexceeding twenty thousand pounds, as a contingent fund for His Excel- sioners to hold a contingent lency the President for the time being to draw upon, of his own authority, fund. for the public service, and all such draughts upon that fund shall be accounted for to the General Assembly.

Court martials

V. And it is further ordained by the authority aforesaid, That His Excellency the President for the time being, may order general courts martial, to sit for the trial of any offences done or to be done or commit- to be held. ted in or by the regular forces by sea or land, and the whole proceedings of such courts martial shall be laid before His Excellency the President for the time being, who is hereby impowered to pardon the whole or any part of the sentence of any general court martial, or to order the whole or any part of the sentence of any such court martial to be executed; and no sentence of any general court martial shall be executed, without order for so doing first had and obtained from His Excellency the President for the time being; and such offences done or to be done or committed by any field officer in the militia, as heretofore were cognizable before and punishable by the Governor and Council, shall be cognizable before and punishable by His Excellency the President for the time being and the Privy Council; and His Excellency the President for the time being shall have power at any time to suspend any officer in the army navy, or militia, and the officer so suspended shall, as soon as may be, not exceeding forty days, be brought to trial, and if acquitted, the judgment in the case shall be final.

President and
Privy Council.

VI. And it is further ordained by the authority aforesaid, That His Excellency the President for the time being, with the advice and consent Powers of the of the Privy Council, shall have power to carry the Acts of Assembly and the resolutions of Congress, relating to the militia, into execution, in as full and ample manner as the Governor and Council or the council of safety might have done.

ness or absence

VII. And be it further ordained by the authority aforesaid, That in case of the sickness of the President and Commander-in-chief for the In case of sicktime being, or of his absence from Charlestown in other parts of the of President, Colony, the Vice President, being duly authorized by warrant under the Vice President hand and seal of the President, shall and may have and exercise the same powers touching the premises hereinbefore mentioned, as are hereby given to or vested in the President.

VOL. IV.-43.

to act.

A. D. 1776.

VIII. And be it further ordained by the authority aforesaid, That this Ordinance shall continue and be of force to the first day of January next, and no longer.

G. G. POWELL, Speaker of the Legislative Council.
JAS. PARSONS, Speaker of the General Assembly.
In the Council Chamber, the 6th day of April, 1776.
Assented to:

J. RUTLEDGE.

No. 1012. AN ORDINANCE FOR ESTABLISHING AN Oath of Office, to be tAKEN

Preamble.

Oath to be ta

officers.

IN MANNER THEREIN MENTIONED.

WHEREAS, in and by the Constitution or form of government passed in Congress on the twenty-sixth day of March last, it is provided that all persons who shall be chosen and appointed to any office or to any place of trust, shall, before entering upon office, take the oath of fidelity therein set forth, and also an oath of office; and it being necessary to appoint one form of an oath of office to be taken by all such persons except by His Excellency the President and Commander-in-chief, and the members of the Privy Council, for whom proper oaths of office, respectively, have already been prescribed, and which are hereinafter particularly mentioned; wherefore, be it ordained,

I. And it is hereby ordained by His Excellency John Rutledge, Esq., President and Commander-in-chief in and over the Colony of South Carolina, and by the honorable the Legislative Council and General Assembly of this Colony, and by the authority of the same, That all such ken by State persons as aforesaid, except the President and Privy Council, shall take the following oath of office: "I, A. B., do solemnly promise and swear, that I will, to the best of my knowledge, in the execution of the office or place of in me vested, faithfully conform to and strictly observe the laws of South Carolina and resolutions of Congress, as established by the said constitution; and that I will, to the best of my skill and power, with justice, administer and discharge the duties of the said office or place of trust."

sident.

II. And be it further ordained by the authority aforesaid, That the said oath of office taken by His Excellency the President, shall be taken in like manner by all succeeding Presidents and Commanders-in-chief, in the Oath to be ta- General Assembly if sitting, or, during their recess, in the Privy Council, ken by the Pre- in the following words: I, A. B., solemnly promise and swear to preside over the people of this Colony according to the constitution or form of government agreed to and resolved upon by the representatives of South Carolina, on the twenty-sixth day of March, one thousand seven hundred and seventy-six; that I will cause law and justice in mercy to be executed, and to the utmost of my power maintain and defend the laws of God, the Protestant religion, and the liberties of America: So help me God."

III. And be it further ordained by the authority aforesaid, That all Oath to be ta- Privy Counsellors shall take the following oath of office: "I, A. B., ken by Privy Counsellors. solemnly promise and swear, that I will well and faithfully execute the duty of a member of the Privy Council of this Colony, according to the constitution thereof, established by Congress on the twenty-sixth day of March, one thousand seven hundred and seventy-six; and that I will keep

secret all matters and things which shall come to my knowledge as a member of the said Council, the discovery of which may be prejudicial to the liberties of America, or of this Colony, or the secrecy whereof shall be enjoined by the said Council."

A. D. 1776.

IV. And be it further ordained by the authority aforesaid, That the blank in the said oath of office shall be filled up with words describing Oaths, how adthe office or place of trust, as the case may be, upon the execution of ministered. which the persont aking the said oath is about to enter; and the said oath of office and the oath of fidelity mentioned in the said constitution, shall be administered by any justice of the peace, or by any sheriff who shall have taken the said oaths before the Speaker of the General Assembly, or before any justice of the peace or sheriff who shall have been duly qualified before any person who shall have taken such oaths before the said Speaker of the General Assembly.

V. And be it further ordained by the authority aforesaid, That all persons not having commissions, who have hitherto been obliged by the Statutes of Great Britain or of this Colony to take the State oaths therein mentioned, as a necessary qualification to the exercising any public office, trust, or profession; all such persons now or hereafter holding and exercising such offices, trust or professions, shall, as a necessary qualification for their continuance to do so, take the aforesaid oaths of fidelity and of office.

G. G. POWELL, Speaker of the Legislative Council.
JAS. PARSONS, Speaker of the General Assembly.

In the Council Chamber, the 6th day of April, 1776.

Assented to: J. RUTLEDGE.

AN ACT TO PUNISH THOSE WHO SHALL COUNTERFEIT OR UTTER, KNOWING No. 1013. THEM TO BE COUNTERFEIT, THE CERTIFICATES ISSUED BY THE LATE HOUSES

OF ASSEMBLY, OR THE CONTINENTAL OR COLONIAL CURRENCY, WHICH

HATH BEEN ALREADY OR SHALL BE HEREAFTER ISSUED.

WHEREAS, the late Commons Houses of Assembly of this Colony, in order to support the credit and satisfy the creditors of the public, did adjudge it necessary to issue certain notes or certificates for the ascertaining their respective demands, and the said notes or certificates have Preamble. since passed from hand to hand, and obtained a currency in this Colony ; and whereas, the late Colonial Congresses have deemed it expedient for the public service, and for the defence of this Colony, that certificates or bills of credit should be issued for defraying the expence of the unnatural contest into which the despotism of Great Britain hath involved the good people thereof, and for other necessary public services; and whereas, the continental Congress hath also thought fit to issue their notes, orders, certificates or bills of credit for certain purposes, and the same have obtained a currency throughout the United Colonies; and whereas, it might materially wound the credit and prejudice the interest of America in general, and of this Colony in particular, if the said notes, orders, certificates or bills of credit, issued by the authority of the said late Commons Houses of Assembly, or late Congresses of this Colony, or of the continental Congress, should be counterfeited, razed or altered;