A motion was made, that it be referred to a Committee, to fix on a proper place of rendezvous, for the Militia which may be thought necessary to be drafted.
A debate ensued; and the question being put, it passed in the negative.
On motion, Resolved, That six hundred men from Col. Powell's Regiment, and also six hundred men from Col. Rothmahler's, the upper part, be forthwith detached and marched to rendezvous at Congarees; and that one hundred and fifty men of Colonel Bull's Regiment be likewise detached and marched to the Cherokee Ponds; and that these several detachments do act under the orders of Colonel Richard Richardson.
On motion, Resolved, That the same Pay and Provision be allowed to any Volunteers, Officers and Privates, from Georgia, who may enter into the publick service of this Colony, as is provided for the Militia Officers and Privates of this Colony.
Ordered, That Lieutenant Colonel Roberts be desired to despatch Lieutenant James Mitchell of the Regiment of Artillery under his command, to join the Army under Colonel Richardson.
Ordered, That the publick Ordnance Storekeeper do deliver to Lieutenant James Mitchell, two pieces of Cannon, four or six-pounders, with the necessary Stores thereto belonging, for the use of the Army under Col. Richardson.
Resolved, That the Committee of St. David's Parish be authorized to purchase what Lead they can get, on the publick account.
Adjourned to nine o'clock, to-morrow morning.
In Congress, Sunday, November 26, 1775.
The Congress met according to adjournment.
And the Journal of yesterday was read.
Mr. President reported the following copies of Letters, written by him, by their order:
By authority of Congress.
Charlestown, November 25, 1775.
To Colonel POWELL:
SIR: You are hereby ordered, with all possible despatch, to detach six hundred men of your regiment, to rendezvous at the Congarees, to act under the orders of Colonel Richardson.
I am, Sir, your most humble servant,
WILLIAM HENRY DRAYTON, President.
A like Letter was written to Col. Rothmahler, to detach six hundred men from the upper part of his Regiment.
And also a like Letter to Colonel Bull, to detach one hundred and fifty men from his Regiment, to rendezvous at the Cherokee Ponds.
By authority of Congress.
Charlestown, November 25, 1775.
SIR: Colonel Powell and Colonel Rothmahler are each ordered to detach, with all possible expedition, six hundred men of their respective regiments, to rendezvous at the Congarees, to act under your orders; and Colonel Bull is likewise ordered to detach one hundred and fifty men, to rendezvous at the Cherokee Ponds, on the same service. You will, therefore, sir, send your orders for those forces accordingly.
Lieutenant Mitchell, of the regiment of Artillery, is under orders to repair to you, with two pieces of cannon; he will set out, I hope, in two or three days.
We have not yet heard the issue of the late affair at Ninety-Six; we think there is reason to apprehend, that the event is unfavourable to us. At any rate, your conduct ought to be as vigorous as possible, and no less cautious. Therefore, if the enemy are superior in number to your army, you must keep out of their reach, or you must so post yourself as to be able to maintain your station against their attacks, until your force shall put you in a condition to crush them. In short, you are not to venture a general engagement, unless you have such advantages as promise success.
I am, Sir, your most humble servant,
WILLIAM HENRY DRAYTON, President.
To Colonel Richardson.
Major Pinckney, from the Committee to consider of, state, and bring into one view, the powers and authorities proper to be vested in, and exercised by the Council of Safety, delivered in their Report.
Mr. President then reported the names of the Gentlemen who had, on the 16th instant, been duly elected Members of the Council of Safety.
And thereupon, it was Resolved, That Colonel Charles Pinckney, Col. Henry Laurens, the Hon. Henry Middleton, Thomas Ferguson, Arthur Middleton, Thomas Heyward, Jun., Esqrs., the Honourable William Henry Drayton, the Honourable Rawlins Lowndes, Thomas Bee, Benjamin Elliott, James Parsons, David Oliphant, and Thomas Savage, Esqrs., be, and they are hereby declared to be the Council of Safety for this Colony.
The Report of the Committee, on the powers and authorities proper to be vested in, and exercised by the Council of Safety, was then taken under consideration.
And the Congress thereupon resolved and ordained as follows:
First. Whereas it is necessary to vest the Council of Safety of this Colony, for the time being, with powers to enable them to act effectually for the publick safety and defence: Be it Ordained, by the Representatives of the people of South-Carolina, in Congress assembled, and it is hereby Ordained, by the authority of the same, That the Council of Safety, or a quorum consisting of seven members, or a majority of such quorum, shall have, and they are hereby invested with, the direction, regulation, and ordering of the land and sea forces, and of the militia, and all military establishments and arrangements within this Colony, subject always to the control of the Congress.
Second. And be it also Ordained, That the Council, or a majority of them, as aforesaid, shall have full power and authority, to appoint officers, and to fill up vacancies in the land and sea forces, in the militia, and in the treasury of this Colony, and that they be empowered to suspend any officer of the army or navy, when they shall judge it necessary; and shall within a convenient time, not exceeding forty days after such suspension, order a general court-martial to sit for the trial of such officer, whose sentence shall be final, unless it shall be otherwise determined by the Provincial Congress.
Third. And be it further Ordained, by the authority aforesaid, That if, upon any exigency, it shall appear necessary to the Council of Safety, to call forth the Militia, they shall have full power and authority to carry the acts of Assembly for regulating the Militia of this Colony, in all respects, into execution, as in time of alarm.
Fourth. And be it also Ordained, That if any complaint be made against any officer of the Militia, the Council of Safety, after having inquired into the truth of it, and heard the defence of the officer, if he hath any, may remove such officer, if they judge the complaint to be just, and forthwith appoint another in his stead.
Fifth. And be it father Ordained, That the Commissioners of the Treasury shall be under the direction of the said Council of Safety, or a majority of them as aforesaid, and shall be obliged to issue and pay all such orders as shall be drawn by them, for answering the demands of the publick service, and no otherwise.
Sixth. And be it further Ordained, That the Council of Safety, or a majority as aforesaid, be empowered and authorized to do all such matters and things relative to the strengthening, securing, and defending the Colony, as shall by them be judged and deemed expedient and necessary. Provided, nevertheless, That nothing herein contained shall extend, or be construed to extend, to empower and authorize the said Council, or majority as aforesaid, to dispense with, or annul any act, resolution, or order of the Continental or Provincial Congress.
A motion was made to strike out the above proviso, so far:
But upon a question, it passed in the negative.
A motion was then made to disagree to the following words, concluding the said proviso: "or to empower and authorize them to nominate and appoint a General or Generals over the military forces of this Colony."
And the question being put, it passed in the negative.
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