The Statutes at Large of South Carolina by South CarolinaISBN: 9781343957879
Publication Date: 2015-10-04
South Carolina Law No. 2276, Passed December 21st, 1822
(Page 177-179)
Full Text:
AN ACT to establish a competent force to act as a Municipal Guard for the protection of the City of Charleston and its vicinity.
I. Be it enacted, By the Senate and House of Representatives now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful for the board hereinafter named to engage a number of men, not exceeding one hundred and fifty, to be embodied as a municipal guard, whose duty it shall be to guard and protect the district between the lines on Charleston Neck and to the junction of the Meeting and King-street roads, denominated the cross roads, if necessary, and the southern extremity of the city, between Ashly and Cooper rivers, by patrols and sentinels, at all times of day and night, as necessity may require; and shall furnish any number of men which the police of Charleston, or the magistrates on Charleston Neck, may require, for the preservation of peace and the public security; in the same manner as the city guard of Charleston are used to do; and shall carry into effect the laws of the State and the city ordinances, for the government of negroes and free persons of colour; but the members of said corps shall have no military power over the white inhabitants of the State.
II. And be it further enacted, That the land and buildings now used as a tobacco inspection, be, and the same are hereby, vested in the board hereinafter constituted, and their successors for ever, for the purpose of being fortified as an arsenal and guard house for the use of the municipal guard hereby constituted; provided nothing in this clause shall prevent the right of the State to said lot, in the event of the same being applied to any other use than such as is expressed in this Act.
III. And be it further enacted, That the land on which lies on the Charleston Neck are located, shall be, and the same hereby, vested in the board herein constituted, and their successors in office, who shall sell the same in the most advantageous manner, and apply the proceeds to the erection of the suitable buildings, on the site of the tobacco inspection, for an arsenal, for the deposite of arms of the State, and a guard house, and for the use of said municipal guard.
IV. Be it further enacted, That the municipal guard aforesaid may be enlisted for any term not exceeding five years, and shall be governed by the rules and articles of the United States army except that no punishment shall extend to life or limb; and if in the opinion of the attorney general it shall be necessary, the assent of Congress shall be requested to the provisions of this Act.
V. Be it further enacted, That for the purpose of defraying the expenses of said guard, a tax of ten dollars shall be, and the same is hereby, imposed on all houses within the limits so guarded, inhabited by negroes or persons of colour, as tenants or owners; also a tax of ten dollars each, upon all free male negroes or persons of colour, who exercise any mechanic trade within the above limits, who shall receive a license, which shall endure until the first day of January next succeeding its date, from the tax collector of St. Philip’s and St. Michael’s, and shall then pay said tax: And any such person who shall exercise his trade without complying with this law, shall forfeit one hundred dollars, half to the informer and the rest for the support of the guard, to be recovered in any court having jurisdiction, by action of debt; also a tax not exceeding twenty-five percent, upon the general tax, upon all property within the limits aforesaid, to be assessed by the board herein constituted; all which taxes shall be collected by the tax collector of St. Philip’s and St. Michaels, in the same manner as the other taxes are, and shall be paid to the board herein constituted, for defraying the expenses of said guard; and every person liable to any of the above taxes, shall, when he makes his return, swear that the same contains a full and true account of all property held in his own right, or otherwise, subject to the above taxes; and the assessors shall make diligent enquiry of all liable to said tax.
VI. Be it further enacted, That the brigadier-general of the fourth brigade, and the field officers thereof, and the intendant and wardens of the city of Charleston, and the commissioners of cross roads on Charleston Neck, and their successors, shall constitute a board for the purpose of carrying this act into full effect, appointing and displacing the officers of the guard, and generally performing all acts necessary and proper to effectuate the intention of this act, and make and establish all rules and orders relative to said guard, not inconsistent with the laws of the land.
VII. Be it further enacted, That when, in the opinion of the said board, the said guard is sufficiently organized to secure Charleston and the Neck, the present city guard shall be abolished, and the inhabitants within said district shall not be liable to patrol duty; but any military force necessary shall be ordered on duty by the proper officer of the militia.
VII. And be it further enacted by the authority aforesaid, that no private or non-commissioned officer in this corps shall enlist in said corps, but under the express understanding and rule of said corps, that no such private or non-commissioned officer shall vote at any general or city election; and such as do violate this rule shall be immediately dismissed from said corps, and shall not be entitled to such pay and rations as may be due them at the time of their dismissal.
In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and twenty-two, and in the forty-seventh year of the Independence of the United States of America.
JACOB BOND I’ON, President of the Senate.
PATRICK NOBLE, Speaker of the House of Representatives
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