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CONSTITUTION

OF

1778.

XXXIX. That the whole State shall, as soon as proper laws can be passed for these purposes, be divided into districts and counties, and county courts established.

XL. That the penal laws, as heretofore used, shall be reformed, and punishments made in some cases less sanguinary, and in general more proportionate to the crime.

XLI. That no freeman of this State be taken or imprisoned, or die bad of his freehold, liberties or privileges, or outlawed, exiled, or in any man:ner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land.

XLII. That the military be subordinate to the civil power of the State.
XLIII. That the liberty of the press be inviolably preserved.

XLIV. That no part of this constitution shall be altered without notice being previously given of ninety days, nor shall any part of the same be changed without the consent of a majority of the members of the Senate and House of Representatives.

XLV. That the Senate and House of Representatives shall not proceed to the election of a governor or lieutenant governor, until there be a majority of both houses present.

In the Council Chamber, the 19th day of March, 1778.

ASSENTED TO.

RAWLINS LOWNDES.

HUGH RUTLEDGE,

Speaker of the Legislative Council.

THOMAS BEE,

Speaker of the General Assembly.

ACT ENFORCING AN ASSURANCE OF ALLEGIANCE AND FIDELITY TO THE STATE.

PASSED MARCH 28TH, 1778.*

SOUTH CAROLINA.

At a General Assembly begun and holden at Charlestown on Monday the fifth day of January in the Year of our Lord one thousand seven hundred and seventy-eight, and from thence continued by divers adjournments to Saturday the twenty-eighth day of March one thousand seven hundred and seventy-eight.

AN ACT TO OBLIGE EVERY FREE MALE INHABITANT OF THIS STATE, ABOVE A CERTAIN AGE, TO GIVE ASSURANCE OF FIDELITY AND ALLEGIANCE TO THE SAME, AND FOR OTHER PURPOSES THEREIN MENTIONED.

Whereas, the established and fundamental principle of all societies where mankind unite for common safety and happiness, has rendered the blessing of protection and the duty of allegiance necessarily reciprocal and inseparable, whereby those who will not conform to the latter, forfeit every right or claim to the former :

Be it therefore enacted, by his Excellency Rawlins Lowndes, Esquire, President and Commander-in-Chief, in and over the State of South Carolina, and by the Honourable the Legislative Council and General Assembly of the said State and by the authority of the same, That every free male person within this State above the age of sixteen years, shall take and subscribe the following oath or affirmation before the person or persons and within the time hereinafter appointed and limited, (that is to say,) "I, A. B. do swear (or affirm as the case may be) that I will bear true Faith and Allegiance to the State of South Carolina, and will faithfully support, maintain and defend the same against George the Third, King of Great Britain, his successors, abettors and all other enemies and opposers whatsoever, and will without delay, discover to the Executive Authority or some one Justice of the Peace in this State, all plots and conspiracies that shall come to my knowledge against the said State, or any other of the United States of America. So help me God.

*From the original Manuscript Act.

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And be it further enacted by the authority aforesaid, That the Colonel of the Regiment of Militia, and Captain of the Company of Artillery in Charlestown, within one month; and the Colonels or Commanding Officers of the several other Regiments or Companies of Militia throughout this State, within three months, after the passing of this act, shall cause their respective Regiments or Companies to be assembled at some convenient place, and the said Colonels or Commanding Officers, at the head of their said Regiments respectively, shall take the oath above prescribed, and then administer the same to all the other Commissioned Officers of the said Regiments: And the Captains and other Commissioned Officers of Companies after taking the Oath, shall tender and administer the same to the Non-Commissioned Officers and Privates of their respective Companies, and if any Commissioned Officer, Non-Commissioned Officer, or private, shall refuse to take the said Oath, every such person so refusing shall be immediately disarmed: Provided always, That every person so disarmed, shall nevertheless be obliged to attend all musters, but be exempted from fines for appearing thereat without arms, ammunition, or accoutrements.

And be it further enacted by the authority aforesaid, That if any person or persons by reason of sickness or other unavoidable accidents, shall not repair to the place fixed upon by his or their Colonel or Commanding Officer, for the assembling of the Regiment or Company at the time. appointed, and take the said Oath, that then every such person or persons shall within one month thereafter, go before the Captain of the Company to which he or they belong, and take the Oath aforesaid; which being done the said Captain shall certify the same in manner as is hereinafter directed, and in default thereof such person or persons shall be disarmed by the orders of the Captain aforesaid.

And be it further enacted by the authority aforesaid, That from and immediately after the passing of this act, the members of the present Legislative Council and General Assembly in their respective houses, and all persons holding any office or place of trust or emolument in this State, also all Ferrymen, Pilots, and all other persons not subject to Militia duty except in times of alarm, shall within one month thereafter, before any one Justice of the Peace, take and subscribe the Oath abovementioned; nor shall any person or persons hereafter be capable of being chosen or appointed to any office, place of trust or emolument in this State, or be qualified to vote at any public election whatever, or to serve as a Juror in any Court within this State, or be at liberty to commence any action or suit either in law or equity, or to hold or possess any Lands, Tenements or Heriditaments in this State by gift, devise or purchase, unless such person or persons, previous to his or their appointment to such office, place of trust or emolument, voting at such election, serving on any Jury, commencing any action or suit, or purchasing or possessing any Lands, Tenements or Heriditaments, shall have taken the Oath above prescribed before some Justice of the Peace or other person herein before appointed to administer the same, any Law, Usage or Custom to the contrary thereof, in any wise notwithstanding.

And be it further enacted by the authority aforesaid, That all and every person and persons coming hereafter into this State either by Land or Water, shall, and he and they, is, and are directed and required immediately to go to the nearest Justice of the Peace in the Parish or District into which he or they shall so arrive or come, and take the Oath before prescribed, whereupon he or they shall obtain a certificate or certificates thereof from the said Justice, and if any person or persons shall neglect

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ENFORCE

to comply with the direction of this act, any one Justice of the Peace within his proper Parish or district, shall, and he is hereby authorized, ALLEGIANCE. enjoined and required, immediately to cause such person or persons to be apprehended and brought before him and to tender him or them the Oath abovementioned, and on refusal to take it, he or they shall be committed by the said Justice to the nearest Gaol, where such person or persons is or are there to remain without bail or mainprize, until he or they shall give bond with good security in the sum of Ten Thousand Pounds currency, immediately to depart the State never to return unless permitted by the Legislative authority of this State, which bond shall be made payable to the President and Commander-in-Chief for the time being for the use of the State. Provided always, that if bond and security be not given within thirty days after commitment as aforesaid, that then the President or Commander-in-Chief shall cause such person or persons to be sent off in the first vessel or vessels that shall thereafter sail for Europe. And further prorided, that nothing herein contained shall extend or be construed to extend to any prisoners of war, officers in the army or navy of the United States, or of this State, master or mariners actually belonging to any ship or other vessel trading to this State, and not citizens of the same, or merchants trading here from ports under the dominion of foreign powers in amity with the United States.

And be it further enacted by the authority aforesaid, That all persons authorized by this act to tender and administer the Oath herein contained, shall immediately after administering such Oath, give to the person or persons who shall take the same, the following Certificate, (that is to say) "I do hereby certify that hath taken and subscribed the Oath (or affirmation as the case may be) of allegiance and fidelity, as directed by an Act of the General Assembly of the State of South Carolina, entitled An Act to oblige every free male person of this State above a certain age to give assurance of Fidelity and Allegiance to the same and for other purposes."

And be it further enacted by the authority aforesaid, That every person who is authorized by this act to administer the Oath above prescribed shall keep a fair Register of the names of all and every person and persons to whom the said Oath shall be administered, and also of such as shall refuse to take the same, and transmit authentick copies of such registers under their hands and seals respectively, on every fourth of July yearly, to the Sheriff of the district wherein such person or persons reside who have taken or refused to take the said Oath.

And be it further enacted by the authority aforesaid, That all and every person and persons neglecting or refusing to take the Oath within the time prescribed by this act and remaining in the State for more than sixty days thereafter, shall be thenceforth incapable of exercising any profession, trade, art or mystery in this State, or buying or selling or acquiring, or conveying any property whatever, and all property so brought or sold, acquired or conveyed, shall be forfeited and disposed of, one half to the informer and the other half to this State; and the person or persons so buying, acquiring, conveying, or selling as aforesaid, shall likewise forfeit the sum of one hundred pounds current money to the State for every act and thing that he or they shall do, which he or they is or are hereby disqualified from doing.

And be it further enacted by the authority aforesaid, That if any person or persons required by this act to take the Oath hereby prescribed, shall refuse or neglect to take the same and shall depart this State within sixty days thereafter, all and every such person and persons may appoint

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an attorney or attornies to be approved of by the Commander-in-Chief for the time being, which attorney or attornies shall sell or dispose of all and singular the estate, real and personal, of such person and persons by whom he or they shall be so appointed, and all such sum and sums of money as shall arise from the said sale, as well as all and every other sum and sums of money which shall be due and owing to the said person or persons, shall, after satisfying all just and equitable claims and demands which shall be brought against such person or persons, be remitted by the said attorney or attornies to his or their principal within twelve months after the person or persons who shall so refuse or neglect to take the said Oath shall have withdrawn him or themselves from this State; and if the said person or persons so refusing or neglecting, and withdrawing, shall not appoint an attorney or attornies, in such case the Commander-in-Chief for the time being, shall with the advice of the Privy Council, appoint proper persons to take charge of the estate of the said person or persons so leaving this State, and the persons so to be appointed, shall within three months from the day of their appointment, sell and dispose of such estate as shall be committed to them by virtue of this act, and pay the money which shall arise from the said sale, into the public Treasury of this State. And in case the attorney or attorneys to be appointed by the person or persons leaving this State, shall not remit to him or them the money to arise from the said sales as well as all other money that shall be due or owing to the said person or persons within twelve months after such person or persons shall have withdrawn from this State, then the said attorney or attornies shall within one month after the expiration of the time limited for remitting the said money, pay the same into the public Treasury of this State.

And be it further enacted by the authority aforesaid, That the attorney or attornies of all such persons as have been sent off from this State in consequence of their having refused to take the Oath prescribed by an Ordinance, entitled "an Ordinance for establishing an oath of abjuration and allegiance," passed the thirteenth day of February one thousand seven hunred and seventy-seven, shall, within eighteen months after the passing of this act, sell and dispose of all and singular the estate real and personal of such person or persons to whom they were appointed attorney or attornies, and to remit to him or them within twelve months thereafter, all such sum or sums of money as shall arise from the sales thereof, after satisfying all just and equitable claims or demands which shall be brought against such person or persons, and all other sums of money which shall be due or owing to such person or persons: and if the said attorney or attornies shall neglect or refuse so to do, then and in that case the Commander-in-Chief for the time being with the advice of the Privy Council, shall appoint some person or persons in the place of the attorney or attornies so neglecting or refusing to sell or remit, which person or persons so to be appointed, shall within three months after his or their appointment sell and dispose of the estate or estates so to be committed to his or their charge, and pay the money to arise from such sale or sales into the public Treasury of this State.

And be it further enacted by the authority aforesaid, That if any person refusing or neglecting to take the Oath prescribed by this Act and withdrawing from this State, shall return to the same, then he shall be adjudged guilty of Treason against this State, and shall, upon conviction thereof, suffer death as a Traitor.

And be it further enacted by the authority aforesaid, That the first clause in an ordinance entitled "An Ordinance for establishing an oath of

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