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An Ordinance to Prevent Persons from Withdrawing from the Defence of this State to Join the Enemies Thereof, Passed 20th February, 1779 [Original MS.] STATE OF SOUTH CAROLINA. At a General Assembly begun and holden at Charles Town, on Monday, the fourth day of January, in the year of our Lord one thousand seven hundred and seventy-nine, and from thence continued by divers adjournments to Saturday the twentieth day of February, in the year of our Lord one thousand seven hundred and seventy-nine. Whereas, it is absolutely necessary in well regulated Governments that every person who has received protection from, should be aiding and assisting in the defence of the State wherein he lives; and whereas several persons, inhabitants of this State, forgetting their allegiance thereto, have gone over to the enemy, treacherously to bear arms against their country, although their families remain peaceably under the protection thereof. Therefore, to prevent such criminal conduct in future, Be it ordained by the Honorable the Senate and House of Representatives now met and sitting in General Assembly and by the authority of the same, That if any person or persons from and after passing this Ordinance shall withdraw him or themselves from the defence of the State, and attempt to join the inveterate enemies of the same, or shall actually go over to them, every such person and persons shall be declared guilty of treason against the State and upon conviction thereof, in any of the Courts of General Sessions of the Peace, Oyer and Terminer, assize and General Gaol delivery in this State, or in any special court of Oyer and Terminer, to be held by virtue of an Ordinance passed the thirteenth day of February, one thousand seven hundred and seventy-nine shall suffer death as a traitor, without benefit of clergy; and the estate of such person or persons, real and personal, shall be confiscated and forfeited for and to the use of the State. And be it further ordained by the authority aforesaid, That if it shall appear to the Governor or Commander-in-Chief, for the time being, on the oath of two creditable witnesses that any person or persons hath or have withdrawn himself or themselves from this State, and joined the enemies thereof, it shall and may be lawful to and for the Governor or Commander-in-chief to issue his Proclamation, thereby requiring every such person or persons to return to this State, and surrender himself or themselves to some Magistrate thereof within forty days after the issuing of such proclamation, and in case of his or their non-appearance, within the time aforesaid, he or they shall be deemed outlawed, and all the estate, real and personal, of such person or persons shall be sold by proper persons for that purpose to be appointed by the Governor or Commander-in-chief, and the monies to arise therefrom deposited in the public Treasury of this State, there to remain for the disposal of the Legislature thereof. And be it further ordained by the authority aforesaid, That the Governor or Commander-in-chief, for the time being, is hereby authorized and required to appoint one or more Commissioner or Commissioners for the sale of such estates, and to cause the families, or such of the families of every absentee, outlawed as aforesaid, to be sent off without delay, if it shall appear upon trial to be duly had at any of the Courts of Sessions, Oyer and Terminer, Assize and General Gaol delivery, on a Bill of Indictment that the remaining of such person or persons in this State shall be dangerous to the safety of the community. And be it further ordained by the authority aforesaid, that all and singular, the matter and things in the foregoing clause contained shall be construed to extend to the families of such persons as have been sent off, or have quitted, or shall quit this State, for having refused or neglected to take the oath or oaths required by any Act or Ordinance of the Legislature of this State. And be it further ordained by the authority aforesaid, That this Ordinance shall continue and be of force for six months, and from thence to the end of the then next sitting of the General Assembly and no longer. Ratified by the General Assembly, in the Senate House, the 20th day of February, 1779. CHAS. PINCKNEY, President of the Senate. JNO. MATHEWS, Speaker of the House of Representatives. 7th March, 1779. Compared with the original under the Broad Seal by Thomas Winstanley and Jacob Read. (From Documentary History of the American Revolution, by Gibbes, Volume 2, p. 103) Doc ID: Gibbes, v. 2, p. 103 Date: 2/20/1779 |
Last modified: 7/10/03/CLN.
URL: http://www.southcarolinahistoricalsociety.org/displays/RevWar/archives-online/Gibbes__v__2__p__103.html