as became good citizens; and, step by step, | with the public recompense, I mean to pay you deliberately advanced through it, with a in to you my mite also; and lest I wound your regret and sorrow, and with a resolution and delicacy, when I mean only to do justice to conduct, that bear all the characters of ancient your merit, I forbear to particularize what is magnanimity. Your constituents, with a steady already well known. I therefore confine myeye, beheld your progress. They saw the self; and I do most respectfully, in the name American claim of rights, the association for of the congress, present to you, and to each of the recovery of American franchises, and the ❘ you, the thanks of your country, for your imhumble petition to the king for redress of griev- | portant services in the American congress at ances. They saw the American appeal to the Philadelphia. 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, a PROCEEDINGS CAROLINA. general post-office, and the laying on a conti- OF THE GENERAL ASSEMBLY OF SOUTH nental 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; proceedings 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 declarations of the corrupt houses of parliament, the proclamation at the court of St. James's, the 23d of August, and the subsequent royal speech in parliament, are exactly as far distant from treason and rebellion, as stands the glorious revolution, which deprived 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 marked the grand lines, in the American congress, is justifiable before God and man, and that, whatever may be the issue of this defensive civil war, in which, unfortunately though gloriously, we are engaged, whether independence or slavery, all the blood, and all the guilt, must be imputed 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 America, 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 honor to address you. In an important crisis, like the present, to receive the public thanks of a free people, is to receive the most honorable recompense for past services, and to deserve such thanks is to be truly great. I know that it is with pain such men hear their commendations. Gentlemen, At a general assembly begun and holden at Charleston, on Tuesday the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and seventy-six; and from thence continued, by divers adjournments, to Thursday the eleventh day of April, in the year of our Lord one thousand seven hundred and seventy-six. An act to prevent sedition, and punish insur gents and disturbers of the public peace. Whereas a horrid and unnatural war is now carried on by the ministry and parliament of Great Britain, against the united colonies of North America in general, and this colony in particular, with a cruel and oppressive design of robbing the colonies and good people of this colony of their dearest and most valuable rights as freemen, and reducing them to a state of the most abject slavery and oppression: and whereas, also, in order further to accomplish the said iniquitous and unwarrantable designs, every means has been adopted by a wicked administration to sow civil dissensions and animosities, and to create disorder, confusion and bloodshed amongst the good people of this colony, by employing secret emissaries to stir up in the minds of wicked and evil-disposed persons, persuasions and principles inimical to the ties of humanity, and the common rights of mankind, and thereby inducing them not only to disturb the common peace, safety, and good order of this colony, but to take up arms and spill the blood of their fellow-citizens, who are only acting in the defence of their lives, liberties, and properties, against the hands of a lawless and despotic power: to the intent, therefore, and in order the more effectually to preserve and secure the peace, order, and good government of this colony, and to deter and prevent such evil-minded persons from com And be it further enacted by the authority aforesaid, that if any person or persons within this colony shall, immediately after the passing of this act, or at any time thereafter, furnish or supply, or cause or procure to be furnished or supplied, with any bills of exchange, monies, goods, provisions, liquors, or other necessary articles of subsistence, or any military or naval stores whatever, to any of the land or naval forces, raised or to be raised, or sent by Great Britain, or any authority derived from that government, against this colony, or shall, in like manner, furnish or supply, or cause to be furnished or supplied, any force or body of men who shall, in a hostile manner, oppose the government of this colony, established as aforesaid-every such person or persons, so offending in either of the offences aforesaid, and the aider or abettor, or aiders and abettors of any of the said offences, shall, on being indicted or convicted thereof, by due course of law, be deemed and adjudged guilty of felony, and suffer death without benefit of clergy. mitting such offences, and all such other of- | fences, shall, on being indicted and convicted fences declared in this act, to the great danger thereof by due course of law, be deemed and of the lives, liberties, and properties of the in- adjudged guilty of felony, and suffer death habitants of this colony: Be it enacted by his without benefit of clergy. excellency John Rutledge, esq. president and commander in chief in and over the colony of South Carolina, and by the honorable the legis- | lative council and general assembly of this colony, and by the authority of the same, that if any person or persons within this colony do, or shall, from, and immediately after, the passing of this act, take up arms with a hostile intent, and by force and violence, or by words, deeds, or writing, or any other means whatsoever, cause, induce, or persuade, or attempt to cause, induce, or persuade any other person or persons, with such hostile intent, to take up arms, and by force and violence to oppose and subvert the authority of the government of this colony, established by the constitution, agreed on and confirmed in congress at Charleston, on the twenty-sixth day of March, one thousand seven hundred and seventy-six, or to wound, maim, or kill any person or persons, or destroy any of the houses, goods, or chattels of any such persons who shall under, and by virtue of any authority of the said government, be acting in support and defence of the same, or the execution of any power, authority or office derived therefrom, all and every of such person or persons, and the aider and abettor, or aiders and abettors of such person or persons so offending, in either of the offences aforesaid, shall, on being indicted and convicted of the same, by due course of law, be deemed and adjudged guilty of felony, and suffer death without benefit of clergy. And be it further enacted by the authority aforesaid, That if any persons within this colony shall, immediately after the passing of this act, or at any time thereafter, by letter, writing, message, or other means of intelligence, hold any correspondence or intercourse, or conspire or concert in any manner whatever with, or aid or abet any land or naval force, raised or to be raised, or which shall be sent by Great Britain, in a hostile manner, against this colony, or any other force or body of men within this colony, who shall, in a hostile intent or manner, oppose the power and authority of the present government of this colony, established as aforesaid, with an intent to promote the accomplishment of any hostile plan of operation, designed by such force or forces against the lives, liberties and properties of all or any of the inhabitants and friends to the constitution of this colony, established as aforesaid—every such person or persons, so offending in any of the said of And be it further enacted by the authority aforesaid, That if any person or persons within this colony shall, at any time after the passing of this act, compel, induce, persuade, or attempt to compel, induce, or persuade any white person, or persons, or any free negro, or negroes, mulatto or mulattoes, Indian or Indians, to desert from their habitation or habitations, or any negro or other slave or slaves, to desert from his or their master, mistress, or owner, and to join any land or naval force, raised or to be raised, or sent by Great Britain, or any authority derived from that government, against the united colonies of America, or this colony, to join any person or persons armed in a hostile manner, with intent to oppose or subvert the government of this colony, established as aforesaid, or with intent of killing any person or persons, or destroying his, her, or their goods or property, who shall be acting, or ready and willing to act in support and defence of such government, or any of the inhabitants of this colony and friends to the same-every such person or persons, so offending in any of the above offences, and all such as shall aid and abet the said offender, or offenders, in the perpetration. and execution of any of the said offences, shall, on conviction thereof, by due course of law, be deemed and adjudged guilty of felony, and shall suffer death without benefit of clergy. Provided always, nevertheless, that nothing in this act | ting in execution, any of the provisions or contained shall be construed or taken to pre-clauses in this act, respecting their duty and · vent the good people of this colony from arm-office-every sheriff so offending, disobeying or ing of slaves or negroes, for the better defence neglecting the same, shall forfeit his office, and of this colony against all enemies whatsoever, incur the penalty of one thousand pounds curwho shall invade or attack the same, or endan- rent money, to be sued for, and recovered by ger the safety thereof. bill or plaint in any court of record in this col ony, wherein no essoign, privilege, protection or wager of law, or more than one imparlance, shall be allowed. And be it further enacted by the authority aforesaid, That if any person or persons within this colony shall, immediately after the passing of this act, or at any time thereafter, col- And be it further enacted by the authority lect or assemble with any body or assembly of aforesaid, That the monies arising from the persons, or cause or procure them to be so col- sale of all such estates as shall become forlected and assembled, with intent, in a riotous feited, by virtue of this act, shall be approand seditious manner, to disturb the public priated for a fund, and shall become a repeace and tranquility, and the good order of prisal fund, for reimbursing all such losses the government, and by words or other and damages which have been, or shall be ·wise to create and raise traitorous sedi- sustained by any person or persons who tions or discontents in the minds of the good have been, are, or shall be, engaged in opposipeople of this colony, against the authority of tion to the oppressive measures of the British the present government established as afore- ministry, or the defence of the present estabsaid-every such person or persons, so offend-lished constitution, and the liberties of this ing in any of the said offences, shall, on conviction thereof, by due course of law, be deemed and adjudged guilty of felony. colony. And be it further enacted by the authority aforesaid, That no person or persons shall be reimbursed, by virtue of this act, for any losses or damages sustained from persons acting in open hostility against the present constitution of government, and the liberties of this colony, unless the said reimbursement be, on application, and oath made of the damages actually sustained, deemed just and reasonable by the general assembly of this colony, or such other body or persons as the legislative body of this colony shall appoint. Provided always, never whom such reimbursement shall be thought reasonable, do first, before the receipt thereof take and subscribe the oath of fidelity, ordained in the present constitution, if such person or persons had not before taken and subscribed the same. And be it further enacted by the authority aforesaid, That the lands and tenements, goods and chattels, and other real and personal estate of all such person or persons, who shall be duly convicted, by virtue of this act, of any of the crimes and offences thereby made felony, shall, within one month after such conviction, by the sheriff of each district respectively, in which such real and personal estate of the person or persons so convicted, or any part thereof, shall be found, with three free-theless, That such person or persons, to holders of the said district, be appraised upon oath, and the said appraisement duly returned, by the said sheriff of such district, to the secretary's office in Charleston, within one month after such appralsement is made, and the said sheriff of such district in which the appraisement is made, as aforesaid, shall, within one month thereafter, expose such estate so appraised to public sale, first giving twenty-one days public notice of the sale; and shall, within three months after such sale, deposite the amount of the same, deducting legal poundage and charges, in the office of the colony treasury in Charleston, and the commissioners of the colony treasury, or any one of them, on receipt of such monies from the sheriff, as aforesaid, shall give a receipt or voucher for the same. And be it further enacted by the authority aforesaid, That if any sheriff or sheriffs, for any of the districts in this colony, shall in any wise trangress, or disobey, or neglect the put And be it further enacted by the authority aforesaid, That the fines and penalties to be incurred, by virtue of this act, shall upon recovery thereof, be paid into the colony treasury, to be applied to, and for such uses and purposes as are herein mentioned. G. G. POWELL, speaker of the JAMES PARSONS, speaker of the J. RUTLEDGE. ADDRESS OF THE ASSEMBLY TO JOHN RUTLEDGE, APRIL 3, 1776. To his excellency John Rutledge, esq. president and commander in chief in and over the colony of South Carolina. The address of the legislative council and general assembly. May it please your excellency— We, the legislative council and general assembly of South Carolina, convened under the authority of the equitable constitution of government established by a free people in congress, on the 26th ult. beg leave, most respectfully, to address your excellency. government, In the legislative council, the 3d day of GEORGE GABRIEL POWELL, speaker. 1776. By order of the house, JAMES PARSONS, speaker. ANSWER OF JOHN RUTLEDGE, APRIL 3, 1776. My most cordial thanks are due, and I request that you will accept them, for this solemn engagement of support, in discharging the duty of the honorable station to which, by your favor, I have been elected. To this country I owe all that is dear and valuable, and would, with the greatest pleasure, sacrifice every temporal felicity to establish and perpetuate her freedom. Nothing is better known to your excellency than the unavoidable necessity which induced Be persuaded, that no man would embrace a us, as members of congress, on the part of the just and equitable accommodation with Great people, to resume the powers of Britain more gladly than myself; but, until so and to establish some mode for regulating the desirable an object can be obtained, the defence internal polity of this colony; and, as members of my country, and preservation of that conof the legislative council and general assembly stitution which, from a perfect knowledge of to vest you, for a time limited, with the exethe rights, and a laudable regard to the hapcutive authority. Such constitutional proceed-piness of the people, you have so wisely framed, ings, on our part, we make no doubt will be shall engross my whole attention. misconstrued into acts of the greatest criminality by that despotism, which, lost to all sense of justice and humanity, has already pretended that we are in actual rebellion. But, sir, when we reflect upon the unprovoked, cruel, and accumulated oppressions under which America, in general, and this colony in particular, has long continued; oppressions which, gradually increasing in injustice and violence, are now, by the inexorable tyranny perpetrated against the united colonies, under the various forms of robbery, conflagrations, massacre, breach of public faith, and open war; conscious of our natural and unalienable rights, and determined to make every effort in our power to retain them, we see your excellency's elevation from the midst of us, to govern this country, as the natural consequence of such outrages. By the suffrages of a free people you, sir, have been chosen to hold the reins of government, an event as honorable to yourself as beneficial to the public. We firmly trust that you will make the constitution the great rule of your conduct; and, in the most solemn manner, we do assure your excellency that, in the discharge of your duties, under that constitution which looks forward to an accommodation with Great Britain (an event which though traduced and treated as rebels, we still earnestly desire,) we will support you with our lives and fortunes. J. RUTLEDGE RESOLUTIONS PASSED BY THE GENERAL ASSEMBLY OF By order of the house, PETER TIMOTHY, Clerk G. A. Whereas, the honorable the continental congress hath resolved, "that in the present situation of affairs, it will be very dangerous to the liberties and welfare of America, if any colony should separately petition the king or either house of parliament:" and whereas no step should be left unessayed to promote the general welfare and whereas the sending commissioners from Great Britain to treat with the different colonies, is dangerous to the stability of the liberties of America: Therefore Resolved, That it is the opinion of this house, that no measure should be left unessayed to | establish the liberties of America, and to place | in mercy, shall neither be denied, or delayed. them as far as may be, out of the reach of Our laws and religion, and the liberties of fraudulent schemes to subvert them by nego- America, shall be maintained and defended, to tiation; and that this colony should not enter the utmost of my power. I repose the most into any treaty or correspondence with the perfect confidence in your engagement. court of Great Britain, or with any person or persons under that authority, but through the medium of the continental congress. And now, gentlemen, let me entreat that you will, in your several parishes and districts, use your influence and authority to keep peace Resolved also, That it is the opinion of this and good order, and procure strict observance house, that if any person or persons sent from of, and ready obedience to the law. If any Great Britain to treat with the several colonies, persons therein are still strangers to the nature shall arrive in this colony by water, such per- | and merits of the dispute between Great Britain son or persons and their retinue or company, and the colonies, you will explain it to them should not, upon any pretence, be allowed to fully, and teach them, if they are so unfortunate land, or to remain in the colony longer than as not to know their inherent rights. Prove to forty-eight hours, wind and weather permit- them, that the privileges of being tried by a ting; or while so remaining, to hold any com- jury of the vicinage, acquainted with the parties munication with any person in this colony, but and witnesses; of being taxed only with their through his excellency the president; and if any own consent, given by their representatives, such persons shall arrive by land, they should freely chosen by, and sharing the burthen equally be forthwith escorted out of the colony, and not with themselves, not for the aggrandizing a permitted to hold conference with any person rapacious minister, and his dependent favorites, not for that purpose authorized by the president and for corrupting the people, and subverting and that for the mere purpose of accommoda- their liberties, but for such wise and salutary tion. purposes, as they themselves approve; and of having their internal polity regulated, only by laws consented to by competent judges of what is best adapted to their situation and circumstances, equally bound too by those laws, are inestimable, and derived from that constitution, which is the birth-right of the poorest man, and the best inheritance of the most wealthy. statutes, which the British parliament, claiming Relate to them the various, unjust and cruel a right to make laws for binding the colonies in all cases whatsoever, have enacted; and the many sanguinary measures which have been, and are daily pursued and threatened, to wrest from them those invaluable benefits, and to enforce such an unlimited and destructive claim. To the most illiterate it must appear, that no power on earth can, of right, deprive them of the hardly earned fruits of their honest industry, toil and labor-even to them, the SPEECH OF JOHN RUTLEDGE, PRESIDENT, TO THE GENERAL ASSEMBLY, APRIL 11, 1776. Honorable gentlemen of the legislative council-Mr. Speaker and gentlemen of the general assembly. It has afforded me much satisfaction to observe that though the season of the year rendered your sitting very inconvenient, your private concerns, which must have suffered greatly by your long and close application, in the late congress, to the affairs of the colony, requiring your presence in the county, yet continuing to prefer the public weal to ease, and retirement, you have been busily engaged in framing such laws as our peculiar circum-impious attempt to prevent many thousands stances rendered absolutely necessary to be passed before your adjournment. Having given my assent to them, I presume you are now desirous of a recess. On my part, a most solemn oath has been taken for the faithful discharge of my duty; on yours, a solemn assurance has been given to support me therein. Thus a public compact between us stands recorded. You may rest assured that I shall keep this oath ever in mind-the constitution shall be the invariable rule of my conduct-my ears shall be always open to the complaints of the injured, justice, from using the means of subsistence provided for man by the bounty of his Creator, and to compel them, by famine, to surrender their rights; will seem to call for Divine vengeance. The endeavors, by deceit and bribery, to engage barbarous nations to embrue their hands in the innocent blood of helpless women and children; and the attempts by fair but false promises to make ignorant domestics subservient to the most wicked purposes, are acts at which humanity must revolt. Shew your constituents then, the indispensable necessity which there was for establishing |