The royal gazette — [Charleston] S.C., 1782-07-13 00:00:00, page 1

CHARLESTOWN, July 17.
THE persons who have been appointed by the Rebel As
sembly of this Province to be Commissioners for fel
ling the confifcated cftates, are, John Fauchcraud Grimke,
Thomas Waring, Henry Crouch, Patrick Calhoun, and John
Berwick.
The Commissioners, in the course of their business, have
discovered that a considerable loss of commissions and other
emoluments of their office, will accrue from Mr. Sumpter's
having, without the formality of an Ad of Assembly, seized
and carried off in the course of the last year, negroes and
other property from the plantations of the loyalists on Conga
ree river. Sumpter confeffes to about one hundred negroes:
the Commissioners assert the loss of above four hundred. He
accuses his country of ingratitude for his many and signal feryi-
Ces —The others would fay something of glory being the only
reward a patriot should have in view, but remembering that
their own situation does not well accord with such a sentiment,
they tell him, they are only servants of the publick, appoint
ed for the particular purpose of collecting together, and dis
posing of the confifcated property to the bed advantage for
the State, and that they therefore apply to him for refutation
of what he had unwarrantably appropriated to his own ufc.
We have not yet heard the result of these altercations.
In order to shew the degree 0 liberty which is enjoyed by the
members of the free State of South-Carolina, we Ihall infci t
their new militia ad as publifned by themselves with their
other laws.^
An ACT for the regulation of the Militia of this Statb.
&&. I. ITrHEREAS the laws now in force for the regula-
VV tion of the militia of this State, are fonpd in
adequate to the beneficial purposes intended thereby, for the
defence of the State, in the present times of danger and alarm,
and it is expedient to alterthe fame.
Seß.a. Be it therefore enabled by the Honourable the Senate
and House of Reprefentafrves in the said State, no<w met and fitting
in General Assembly, and by the authority of the fame, That every
Captain in every regiment of militia, iball, as soon as may be,
after the passing of this art, and once in every two months
thereafter, make out an exact lift of the names of every free
male inhabitant within the diftrid of his company, from the
age of sixteen to fifty years ; and return an exart copy thereof
to the Adjutant of the regiment to which he belongs, who mail
therefrom make out an exart roll of the officers and privates of
such regiment, and certify the fame to the commanding officer
of such regiment, who shall return a copy, thereof to the com
manding officer of brigade to which such regiment belong, who
shall return the fame to the Governour or Commander in chief,
within thirty days thereafter, on pain that every such Captain,
Adjutant, commanding officer of a regiment, or commanding
officer of brigade, neglecting or refufing io to do, fliall for every
such offence, forfeit, if a Captain or Adjutant, thirty Mexican
dollars, forty Mexican dollars if a Field Officer ofa regiment,
and sixty Mexican dollars if the commanding officer of a bri
gade.
SeR. 3. And be it further enabled by the authority aforefaid,
That the several brigades, regiments and companies of militia,
within this State, fliall remain as at present established; and
where any vacancies by death, removal or resignation fliall
happen, the Governour or Commander in chief, iball issue
new commissions to fill them up; Provided that where any
vacancy of a Colonel of a regiment shall happen, there fliall
be no new appointment to such vacancy, but that a Lieutenant
Colonel Commandant shall be appointed to the command of
all such regiments, and an additional Major.
Seß.fc And be it farther enabled by the authority aforefaid,
That on requisition from the Governour, a draught shall be
made of one fourth part of the militia, to fervein the field or
garrison for one or more months, accoiding to the season of
the year; that it is to fay, for one month from the firft day of
ApriEto the last day of July, and for two months at every
other season of the year, and that every such draught shall re
lieve each other, at these refpertive times, in constant succes
sion, and that every delinquent, who shall neglert, or refufe
to obey the summons of his commanding officer, to march or
repair to such place as he shall be ordered, shall be feat for by
such commanding officer by an armed party, and obliged to
serve double the length of time for which he was draughted,
unless he shall make such excuse as shall be fatisfartory to the
commanding officer of the regiment, then present, to which
be belongs. And every perlon who shall be summoned to
march as aforefaid, and who shall appear without being pro
perly armed and accoutred, shall for every such offence, be
obliged to serve double the length of time for which he was
draughted, unless he shall make it appear to the fatisfartion of
the militia court appointed to try such offender, that he doth
not possess, nor hath not bad it in his power to procure such arms.
WHEREAS extraordinary emergencies arising at the times of
changing the draughts of militia, may require their longer ser
vice, it shall and may be lawful, in such cases, for their offi
cers to detain them ten days longer than the aforefaid term of
service, and no longer. .
Sebt. 5. And be it farther enabled b, the authority aforefaid,
That it shall and may be lawful for the Governour or Com
manderin chief, with the advice ard consent of the Privy Coun
cil, to order any part of the militia, not exceeding one third
part, to the relief of any sister State, where they shall remain,
as long as the service may require, or the Governour or Com
mander in chief shall think expedient, not exceeding three
months ; unless arelief is ordered and on their march, in which
case they shall remain fifteen days, and no longer. And the
Governour or Commander in chief, with the advice of the
Privy Council, is hereby directed, from time to time, to order
other draughts to march in due time to relieve the former ; and
the militia while in such State, shall be governed by the militia
laws of this State, and no other. , ,
&R. 6. And be it further enabled by the authority aforefaid,
That the militia when on duty, shall be fubjert to, and govern
cd by the following rules and regulations ;
I. Any person who shall raise, or attempt to raise, any muti
ny or sedition, in any regiment, troop or company, or mail be
found sleeping on his post, shall be obliged to serve, for any
time not exceeding twelve months, in one of the Continental
regiments of this State.
11. That in case of desertion from camo at ordinary times, he
shall be compelled to serve double the lengths time he was
RA VA T ^^^^^^ hA 7 17TTI7'
OYA L GAZE 1 1
From SA TU RDA Y, July i 3, g^||ffi|^^ to WEDNESDAY, July 17, 1782.
Vox. 11.
SOUTH-CAROLINA: Printed by R. WELLS & SON, Printers to the King's Most Excellent Majesty.
otherwise liable to, but in case of ftich desertion in the face of
the enemy, during artion, or when a disposition shall be made
for an action, such deserter shall be put into one of the Conti
nental regiments, and be compelled to serve for the war.
111. Any perfori who iball presume to Deep out of camp, or
be absent from duty without leave of bis officer, shall, if an
officer, forfeit ten dollars, if a private, hefhall serve ten days
longer than he was otherwise liable to; bitt if an action should
happen during his absence from camp, if an officer he shall be
cashiered and turned into the ranks, arid shall be obliged to serve
two months extraordinary, immediately after being so redu
ced; if a private, be shall be put into one of the Continental
regiments of this State, not exceeding twelve months.
IV. Any non-commissioned officer or private, who shall be
found guilty of plundering, or taking the property of the inha
bitants of this State; contrary to orders, fliall serve in one of
the Continental regiments for any time not exceeding twelve
months, as to a court-martial fliall seem fit.
V. Isa commissioned officer fliall be found guilty of the crimes
last mentioned, he fliall be cashiered, and turned into one of
the Continental regiments of this State as a private, in which
he fliall be obliged to serve for one year.
VI. Any perfpn, whilst on duty, who shall wilfully difobe,
the lawful commands of his superior or commanding officer,
shall, for every such pffence, if an officer, be cashiered and
turned into the ranks, and shall be obliged to serve forty days
extraordinary, immediately after being so reduced, if a private,
be sentenced to serve for a term, not exceeding one year, in
the Continental service.
VII. Any officer or private, who fliall be found drunk on
guard, or at any other time of duty, if an officer, be cashiered
and turned into the ranks, or receive such other punishment,
as the court shall iiiflid, ifa non-commissioned officer, or pri
vate, he fliall be confined till sober, and serve ten days longer,
than he was otherwise liable to.
VIII. Any perfoii, who shall, by discharging of fire Arms, or
- by any other means whatsoever, intentionally occasion a falfe
alarm, in camp or garrison, if an officer be shall be cashiered,
reduced to the ranks, and fliall be obliged to serve forty days
extraordinary, immediately after being so reduced, if a non
commiflioncd officer or private, he shall serve fifteen days long
er than he was otherwise liable to.
IX. Any officer, non-commissioned officer, or private, who
fliall be convirted of holding correspondence with, or giving
intelligence to the enemy, cither directly or indirectly, fliall be
tried in like manner, as is hereafter provided for the trial of
spies; and on conviction, fuller death, or such other punish
ment, as shall be inflicted by the sentence of the court.
Sea. 7. And be it further enabled by the authority aforefaid,
- That the trial of every offender against this law, fliall be imme
diate and summary, and shall be had and held in manner fol
lowing, that is to fay, if a non-commissioned officer, or pri
vate, by five, or if they cannot conveniently be procured, by
three commissioned officers; if a Captain or Subaltern by five,
or if they cannot conveniently be procured, by three commis
sioned officers,fof which two fliall be Captains; if a Field Offi
cer, by seven, or if they cannot be conveniently procured, by
five officers, two of which fliall be Field Officers; which trial
shall be ordered, and the persons holding the fame, nominated
by the commanding officer of the detachment, regiment, or
brigade, to which the person accused belongs ;, and that each
member of the court, previous to his fitting on such trial, fliall
take the following oath.
“ I A. B. do.fwear, that I will impartially, without scar,
favour, or prejudice, hear and determine, the offences, case or
cases, according to the best of my skill and ability, and agree
able to the militia law now in force, and to the evidence to be
produced. So help me God."
And every such person, so ordered to fit on the trial of such
offender, who shall refufe to aft, shall be deemed guilty of a
disobedience of orders, and shall be tried and puniflied accor
dingly. But the trial of a Brigadier, for any offence against the
law, shall be before the Governour and Council.
S:8. 8. And be it further evaded by the authority aforefaid,
That if any persons are found wandering about in any part of
the country, to which they do not belong, and are fufpe&ed of
a design to evade duty, they fliall be liable to be taken up by
the Captain, or other officer of the diftrift in which they fliall
be so found, and make to do duty with him; unless they shall
produce a certificate of their doing duty with, or belonging to
some particular diftrid, from any officer of such diftrift, not
below the rank of a Captain.
Sect. 9. And be it further enabled by the authority aforefaid,
That the sentence or verdict of every court shall be transmitted
within one week, to the commanding offices of the regiment,
to which such offender belongs, if below the rank of a Field
Officer, and if a Field Officer, to the commanding officer of the
brigade: which officers fliall refpertively have power to remit
or mitigate the fame. And when any fines shall be inflicted,
and the delinquent shall neglcrt paying the fame, ten days after
judgment is passed against him; the officer to whom the trial
of the said delinquent fliall have been transmitted, shall issue
his warrant, direrted to any ferjeant, of the diftrirt; to levy
the fame by distress and file of the said delinquents goods and
chattels: That all fices inflirted by virtue of this art shall be
paid as follows, that is to fay, one fourth part to the fetjeants
who fliall levy or receive the fame, and the other three fourths
shall be paid into the publick treasury of this State, and shall be
applied to the support of the indigent families of such persons
as have been killed or maimed in defence thereof.
Sat. 10. And be it further enabled by the authority aforefaid,
That the Brigadiers-General fliall order such regimental and
ordinary mutters as they shall think necessary ; the regimental
musters, not oftener than three times in a year, and the ordi
nary ones not oftener than once a month, at which refpertive
musters every person liable to bear arms shall appear properly
armed and accoutred, on pain of forfeiting two dollars for
every offence.
Sett. if. And be it further enabled b, the authority aforefaid.
That no person liable to serve in the militia shall enter with,
or join any other regiment, troop or company than that in
which they actually rtfide, except to take a commission, or to
enroll themselves in the Charleftown battalion of artillery, or
enlist as a private in the Continental service.
Sed. 1%. And be it further enabled by the authority aforefaid,
That the ferjeants and corporals of the several companies shall
be appointed by a majority of the commissioned officers of such
companies, and be obliged to serve one year ; and every fer
THE
jeairt, after such appointment, who refufes to serve, shall pay
a fine of sixteen dollars ; and every corporal, a fine of fix dol
lars : That all processes issued by virtue of this art, shall be
served and executed by the ferjeants of the refpertive compa
nies, who shall be entitled to the fame fees as are usually al
lowed to.conftables, and one-fourth part of all the fines to be
recovered by virtue of this a&.
Seß. 13. And be it further enabled by the authority aforefaid.
That every Brigadier, Field Officer or Captain, when on artuaj
service, may impress by warrant under their hand, directed to
any commissioned dr non-commissioned officer, any provisions,
forage, horses, waggons, boats, or neceffarjes, which they
may stand in need of, for the service ;.which warrant, any
perfpn offering to imptefs, shall, if required, be obliged to
produce to the owner of anyTuch goods ; and that for any
provisions and forage so impressed, receipts shall be given fpe
cifying the quality and quantity, and the detachment for which
the fiime had been impressed, and that every other article so
impressed shall, before disposed of to the publick use, be ap
praised by three freeholders or indifferent persons, who shall
be previously sworn for that purpose, a copy of which appraife
mept, with a receipt for the goods so impressed, shall be given
by the officer who ihall impress them, to the owner thereof:
And for every good waggon, team and driver employed in the
publicly service, shall be allowed a sum not exceeding three
Mexican dollars per day. 1
Seed. 14. And be it further enabled by the authority aforefaid.
That such parts of the militia as shall be left at home, shall,
when it ihall be thought necessary by the commanding officer
es the company who remains with them, be formed into pa
troles of at least fix men each, with a Captain of patrole to each,
to be appointed by the said officer, who fliall ride patrole in
the diftrirt of the company to which such patrole belongs, and
keep in their several diftrirts, peace ana good order; and
every such commanding officer of a company as aforefaid,
who Ihall rieglert to appoint such patroles when necessary, shall
for every such neglert, forfeit and pay a fine of eight dollars,
and every other person appointed to, or obliged to serve in
such patroles, who fliall refufe or neglert the duties thereof,
fh^ll, for every such offence, forfeit and pay a fine of two
dollars.
Se&. if. And be it further enabled by the authority aforefaid.
That every offender, against this art, who shall be sentenced to
perform extraordinary duty in the militia, and who fliall ne
glert or refufe to perform the fame, shall be obliged to serve
in one of the Continental regiments of this State, not exceed
ing a twelvemonth.< ,
Seß, 16. AND WHEREAS the laws of this State have
not hitherto Been adequate to the punishment of spies who
may be found within the fame, or lurking about militia camps
or garrisons.
Sea. 17. Be it enabled by the authority aforefaid, That any
justice of the peace or militia officer in this State, shall have
full power and authority to take and apprehend any person
whom he shall have good reason to fufpe& of being a spy or
emissary from the enemy, or of holding corrrefpondence with,
or giving intelligence to them; and if he cannot give a good
and fatisfartory account of himfelf, such justice or militia offi
cer Ihall cause such fufpe&ed person to be conducted to the
nearest post or division of a commanding officer of brigade,
which commanding officer of brigade fliall order a court of
thirteen officers, of which one at least shall be a Field Officer,
to fit for the trial of such spy or fufperted person ; which court
fliall take an oath to try the case referred to them, according
to the laws and practice of nations, and usage of war ; And if
a majority of said officers fliall pass sentence of condemnations
and the commanding officer of brigade approve of the fame,
such sentence of death fliall, and may be executed according
to the usage of war.•
Seß. 18. And be it further enabled by the authority aforefaid.
That the following persons shall be excused from regimental
arid ordinary musters, and all other militia duty, to wit, the
Lieutenant-Governour and Members of the Privy Council,
with their officers, all clergymen regularly licensed in this
State, all schoolmasters vOho have under their tuition not left
than fifteen scholars, the members of the legislature and their
officers, while fitting or called to fit, judges and clerks of the
courts of sessions, the commissioners of the treasury, the poft
matter and post-riders, two pilots for the port of Georgetown,
and two for the port of Beaufort, while they actually attend
their duty, one white man to each established ferry while he
artually resides at the fame, one white man to each water grist:
mill, the fheriffs and ordinaries of the several diftrirts, three
white men to each of the forges, and five to each of the furna
ces ererted at the iron mines in this State, who fliall constantly
reside at, and work on the fame, also such persons as shall be
brought from other States to work on the fame, those officers
who have held commissions in the Continental regiments raised
in this State, and are supernumeraries.
Sed. 19. And be it further enabled by the authority aforefaid)
That the persons who have found fabhitutes in the regiment#
of horse raised in this State, ffiall not be liable to any militia
duty, till the time for which such substitutes were inlifted shall
expire, except patrole-duty in their refpertive diftrirts.
Sea. 20; And be it further enaßed by the authority aforefaid.
That the militia and Charleftown battalion of artillery shall in
future, when on artual service, be allowed the following pay,
viz. privates, ten Killings per day ; corporals, eleven fhillingd
and three-pence ; ferjeants, twelve Killings and fix-pence ;
and the commissioned officers the fame pay as was allowed in
the year one thotifarid seven hundred and feventy-five ; and!
that a Brigade-Major be allowed the pay of a Major of a
regiment; the Adjutant, Quarter-Master, and two Aid-de-
Camps to each Brigadier, the pay cf a Captain ; and that th^
Brigadiers shall be allowed the fame pay as the Continental
officers of the fame tank.
Sea. at. And be it further enaSed by the authority aforefaid.
That if any disputes shall arise about the conftrurtion of thi,
art, they shall be referred to the Governour and Privy Coun^
cil, whose determination shall be final and conclusive.
Se&. 22. And be it further enaßed by the authority aforefaid;
That in all cases in which the sentence of the court shall be
service in the Continental line, the commanding officer of the
regiment to which the person who shall be so sentenced shall
belong, shall fend the said person under a proper guard to some
Continental officer of the troops to be raised by this State,
with a certified copy of the said sentence.
Seam. And be it farther enaßed b, the authority aforefaid,
Numb. 144.