Militia laws of SC through 1778

All militia laws prior to 1794 collected here.

1703 Militia law:

- militia consisted of "all and every inhabitant" -- [understood to be white male?] between the ages of sixteen and sixty.

- each person to arrive at muster with

"a good sufficient gun, well fixed, a good cover for their lock, one good cartridge box, with at least twenty cartridges of good powder and ball, and one good belt or girdle, one ball of wax sticking at the end of the cartridge box, to defend the arms in rain, one worm, one wier and four good spare flints, also a sword, bayonet or hatchet; of all which particulars each and every person are hereby obliged to be furnished with, under the penalty of five shillings forfeiture for every time he or they shall neglect to appear so armed . . ."

Additionally, if you were a "regimental officer," probably Major through Colonel, you had to have a "half pike" and a servant at your side, either an "Indian, Negro, or white boy, not exceeding sixteen years of age."

- if you were a freeman, the weapons had to be your own, they could not be borrowed upon penalty of a fine.

- Moreover, if you were a freeman who claimed not to be able to afford weapons, the authorities were directed to place you in indentured servitude for a sufficiently long period that you earned, at the end, enough money to purchase your arms and ammunition

- "Masters" were responsible for arming their indentured servants and apprentices subject to militia duty.

- if the master failed to do so, he was fined.

- if the servant failed to show . . . . . . 

in such case, the servant shall, for every and each such default, of which the master, mistress or other person shall make due proof before any one of the commission officers of that company where the said servant is or shall be enlisted, be tied, neck and heels, or ride the wooden horse, at the head of the said company, for a time not exceeding the space of one hour ; the said punishment to be inflicted by order of the chief commission officer then present ; and in case of a second default of the same nature, the next following muster, by any servant as aforesaid, the person so defaulting shall run the gauntlett through the said company ; the said punishment to be inflicted by order of the commission officer as aforesaid.

- militia muster and drill to be held every two months at company level, once annually at regimental level.

- The following had limited exemptions from militia drill during peace:  

all members of the Council, all members of Assembly and Clerks of the same, and all Judges and their Clerks, Sheriffs, Justices of the Peace, and Ministers of the Gospel and their Clerks, School-masters, Surveyor General, Secretary and his deputy, the Coroner, the Registers, the Marshal, Attorney allowed to practice in any courts, the Pilots, and one person assistant to each Pilot, and also all strangers, merchants and others, who have not lived in this part of the Province the time and space of two months, shall not be bound to appear in the militia as in this Act is pro vided, except in cases of an alarm, in which cases no person abovementioned shall be excused or excepted.

[Note:  so the local govt. employed a Coroner.  Never seen that mentioned before.  Nor have I seen Marshal.  Need to check on their duties in colonial Chas.]

- Right to impress during time of alarm:

in case of any general alarm or eminent danger, the Commander-in-chief for the time being is hereby fully empowered, by warrant, under his hand and seal, directed to some one or more officers of the, militia, to take and press any ship or ships, vessel or vessels, boats, perriaugers or canoes, together with all the furniture to them belonging; and also, ammunition and provi. sion, and all seamen, and all men, inhabitants of this Province, in such number, manner and method, as the exigency of the affair requirelh ; and every field officer and captain of every respective company, have power to take and press any boats, perriaugers or canoes, together with all the fur niture to them belonging, for the better carrying on any expedition against the enemy in case of alarms and invasions.

- Answering the age old question, am I am brother's [inn] keeper -

That in case of an alarm or general muster, no tavern or punch house keeper, or any other person whatsoever, shall sell to or otherwise suffer any person to have any strong drink, from and after the beat of the tattoo, before and until the beat of the travalia, or whilst otherwise the said person ought to be upon the main guard or other duty, upon the penalty of twenty shillings for every such default ; to be levied as in tnis Act is provided for fines at a general muster, and to be used as in that case is appointed.

- Cavalry companies could be authorized by the "commander in chief" and any who wanted to join could make application and be released from their "foot" units.  The expectation seems to be that these will only be the higher classes, as the Act refers to "gentlemen troopers."

- Watch established:

Whereas, nothing can conduce more to enable people to repel an enemy, than timely notice of their approach, and nothing but good watches constantly kept and well placed, can give that notice, or prevent surprise. Be it therefore enacted, That the Commander-in-chief . . . shall have power . . . to hire any number of white men, not exceeding twenty, such as he shall think fit for that service, to keep watch on the sea coast, at such places and in such numbers as shall be most convenient, between the Savannah river and Santee river; all which men, on the discovery of three vessels at one time, at sea, or the approach of an enemy within land, shall follow such directions for giving the alarm to the inhabitants of this Province, as they shall from time to time receive from the Comman der-in-chief, under the pain and penalty of five pounds, and such other corporal punishment, not extending to life or limb, as the General shall think lit to inflict, for each and every neglect ; . . . 

1707 Militia Act

Changes:

Added:  Every person which shall appear in time of an actual invasion, and doth forsake his colours, or be disobedient to his superior officers, or other wise neglect his duty, during the actual invasion, shall suffer such corpo ral punishment as the nature of his crime deserveth, (life and limb only excepted,) of the nature of which punishment every officer-in-chief of every company shall be judge.

Various minor changes in other militia laws until the 1747 law

1747 Militia Act (continued through 1764)

Slaves and indentured servants

XXXVII. And whereas, it hath been found by experience that several negroes and other slaves have, in times of war, behaved themselves with great faithfulness and courage, in repelling the attacks of his Majesty's enemies, in their descents on this Province, and have thereby demonstrated, that trust and confidence may in some instances be reposed in them. And whereas, it is necessary that the male slaves in this Province should be rendered as serviceable as possible in times of war or the invasion of a foreign enemy : for the better effecting thereof, Be it further enacted, by the authority aforesaid, That every master, mistress, owner, manager, attorney or trustee of or for any slaves in this Province, shall, within six months next after the passing of this Act, return to the captain or commanding officer of the respective companies of the militia, in whose beat or. precinct such slaves do live or reside or are commonly used or employed, a true and faithful list in writing,' of all the male slaves of such person, or which are under their care or management, from the age of sixteen to the age of sixty years, and shall therein specify the names, ages and country of such slaves respectively, according to the best of the knowledge and be lief of the person returning the same as aforesaid ; and to the end that the number of able male slaves may be constantly known, the said list shall be renewed and returned as aforesaid, by the respective persons as aforesaid, once in every year, on the first muster day after the twenty-fifth day of March ; and such lists shall be returned by the respective captains to their respective Colonels, and by them to the Governor, Lieutenant Governor or President, within two months after the same shall be given to the said captains respectively.  

XXXVIII. And be it further enacted by the authority aforesaid, That the Governor, Lieutenant Governor or President of his Majesty's Council in this Province for the time being, be, and they are hereby, authorized and empowered to direct and order the several captains of the companies of the militia of this Province, from time to time, to enlist in their respective companies, such and so many of the said male slaves so to be returned to them as aforesaid, and which shall be recommended to such captains by the respective owners or managers of such slaves to be most faithful and fit for service, as the said Governor, Lieutenant Governor or President, by and with the advice of his Majesty's honorable Council for the time being, shall in their discretion think necessary for the service and defence of this Province. Provided, always, That the said number of slaves so to be enlisted in the several companies without the limits of the parish of St. Philip, Charlestown, do not exceed in the whole the number of one third of the white men in each respective company ; and that the number of slaves so to be enlisted in the companies within the limits of the said par ish of St. Philip, Charlestown, do not exceed one haif part of the number of slaves returned within the said parish, proportioned as aforesaid.  

XXXIX. And be it further enacted by the authority aforesaid, That the said slaves so to be enlisted as aforesaid, shall be incorporated into the respective companies in which they are enlisted., and shall be taken as part thereof, and shall in time of general alarm and actual invasion of this Province, and not otherwise, be armed by the respective owners or managers of such slaves, with one sufficient gun, one hatchet, powder-horn and shot-pouch, with ammunition of powder and bullets for twenty rounds, and six spare flints, and shall be sent by their respective owners or managers to the place of rendezvous of the respective companies in which they are enlisted ; and which said slaves shall be then and there commanded and directed for the service of this Province, by the captain or other commanding officer of the company, during all such times as the said companies shall be upon actual duty or continue under arms ; and instead of a pecuniary fining, such slaves, for breach or neglect of duty, shall be subject to such corporal punishment for their offences during such time, as the majority of the commissioned officers of the respective companies shall think fit to inflict, not extending to loss of life or member.  

XL. And whereas, it will be extremely difficult, if not impossible, so to proportion the number of the said slaves to be enlisted as aforesaid, on every particular owner of slaves in this Province, so as to make the same an equal burthen on all the owners : And whereas, it is not just that any of the members of the community should bear more than their true proportion of the hazard or expense in the defense of this Province ; therefore, for the more equal settling the same, Be it further enacted by the authority aforesaid, That the several owners of the said slaves so to be enlisted shall be paid out of the public treasury of this Province, for the time such slaves shall be in the public service of this Province as aforesaid, after the rate of seven shillings and six pence per day for each slave.  

And in case it shall so happen that any slave so enlisted as aforesaid shall be killed in the service of this Province, the owner of such slave shall be paid the full value of such slave, out of the public treasury of this Province; and in case any slave in the service aforesaid shall be only maimed and disabled, the owner shall be likewise paid out of the public treasury the full value of his loss sustained thereby ; and to the intent that such valuation may be justly and indifferently set and made between the public and the owner of the slave, the same shall be made by any three freeholders in this Province, the one to be named by the captain or other commanding officer of the company in which such slave is enlisted, another by the owner or manager of such slave, and the third by the joint nomination of the two first freeholders named as aforesaid, and the valuation to be set or fixed by any two of the said three freeholders, and certified under their hands, shall be determinate and conclusive between the public and the respective owners.  

XLI. And whereas, it is necessary that all due and fitting encouragement should be given to such poor and indigent free men and servants, and also to slaves who behave themselves manfully in fight against the the enemy in defense of this Province ; Be it further enacted by the authority aforesaid, . . . That every poor free man or white servant, who shall boldly and cheerfully oppose the common enemy, and shall in fight happen to be maimed or disabled from labour, every such poor free man or servant, upon obtaining a certificate thereof from the majority of the field officers of the regiment or troop to which such person belongs, under their hands and seals, shall from thenceforth be entitled unto, and shall yearly and every year receive out of the public treasury of this Province, during the life or abode of such person in this Province, the sum of twelve pounds proclamation money ; but if such free man so maimed and disabled, shall be a married man, then he shall be entitled to and receive out of the public treasury, during his life and abode in this Province, the sum of eighteen pounds, proclamation money, yearly ; and if it shall so happen that any poor free man that is a married man as aforesaid, or hath any child or children under the age of twelve years, shall so happen to lose his life in the service aforesaid, that then the widow of such poor free man shall thenceforth during her widowhood and residence in this Province, or the children of such poor free man, (where there is no widow) under the age aforesaid, until they attain the said age, shall be entitled to and receive out of the public treasury of this Province, the sum of twelve pounds, proclamation money, yearly ; . . .  ; and every white servant in the said companies, and also every negro or other slave so enlisted as aforesaid, who shall actually engage the enemy in times of invasion of this Province, and shall courageously behave themselves in battle, so as to kill any one of the enemy, or take a prisoner alive, or shall take any of their colours, every such white servant and slave shall, upon due proof thereof, either by certificate of a field officer, or captain of any company, under his hand, who shall happen personally to see the action, or shall be in formed thereof by the oaths of two creditable white persons, shall be, and he is hereby declared to be, from thenceforth free and absolutely discharged from all slavery and service whatsoever; and the owner or owners of such white servant and slaves so declared to be free, shall be satisfied for the full value of such white servants and slaves out of the public treasury of this Province, such valuation to be made and set in the same manner as is herein before directed for the valuation of slaves killed in the service. 

But in case any such enlisted slaves shall manfully behave themselves in fight with the enemy, but shall not have such success as to kill or take any enemy or any of their colours, but who shall yet remarkably behave him or themselves in the engagement so as to deserve public notice, every such slave, upon obtaining a certificate thereof, under the hand of any field officer, who shall certify such action, either from their own personal knowledge, or upon the oaths of any two creditable white servants, shall be entitled to and receive from the public treasurer, yearly, and every year, a livery coat and pair of breeches made of good red negro cloth, turned up with blue, and a black hat and a pair of black shoes, and shall that day in every year during their lives on which such action shall be performed, be freed and exempted from all personal labor and service to their owner or manager. 

And to the intent that the encouragements herein before mentioned to be given to poor free men, servants and slaves, to behave them, selves faithfully and courageously in the service of this Province, in times of war or invasion, may be more publicly known, Be it further enacted by the authority aforesaid, That the clauses in this Act relating to such encouragement, together with this clause, shall be publicly read by the respective captains of each company of the militia of this Province, at the head of their companies, on the next muster day of their respective companies, after the twenty-fifth day of December next after the passing of this Act . . .  

XL1II. And be it further enacted by the authority aforesaid, That every master, mistress, owner, manager, attorney or trustee of or for any slave or slaves as aforesaid, who shall refuse or neglect to make out and give  and from time to time to renew, a list of their several male slaves, . . . every such owner and manager shall, for every such refusal or neglect, forfeit and pay any sum not exceeding twenty pounds, current money ; and every such owner or manager, residing where such slaves are employed, who shall refuse or neglect to send or bring his said slaves that shall be enlisted in the militia as aforesaid, at all times of alarm and invasion, to the place of rendezvous of the respective companies in which such slaves shall be so enlisted, after such owner or manager hath had notice of such slaves being enlisted in the said companies, from the captains of such companies, every such owner and manager shall respectively, for every such refusal or neglect, for every such slave so enlisted, forfeit and pay the sum of one hundred pounds, current money ; which said forfeitures shall be recovered by a warrant under the hands of a majority of the field-officers of the regiment to which such persons belong, and be paid and applied to such uses as the General Assembly shall direct and appoint.

Batteries -

And whereas, there hath been lately erected and put into good order, for the better defence of the said Province, two batteries or bastions, the one called Broughton's battery, on the White Point, at the South end of Charlestown, in the said Province, and the other Craven's bastion, at the North end of the said town, on which several cannon have been mount, ed. And whereas, it is necessary that two master-gunners be appointed for the same, to take care of the cannon and other warlike stores that are and may be lodged in the said batteries, respectively, that the same may be always in order and readiness, upon all occasions.  

Be it further enacted by the authority aforesaid, That one master gunner for each of the said batteries, shall be nominated and appointed by the Governor . . . who shall constantly reside in the said batteries, respectively, and have the use of the houses therein erected, and shall be obliged, for the salaries or allowances to be from time to time provided by the General Assembly of this Pro- vince, to observe and perform the duties of master gunners, respectively, of the said batteries, and shall be, and are hereby, obliged to take care of and keep in good order all the warlike stores in the said batteries, respectively, in such sort and manner as the same at all times may be fit and ready for service, upon pain of forfeiting their pay, which shall be due at any time when any neglect or omission of their duties shall be known or discovered. And whereas, the captain or master gunner of Granville's bastion, who will also have under his care and direction the cannon mounted and to be mounted on the Curtain Line, on the Bay of Charlestown, the said captain or master gunner of Granville's bastion and the Curtain Line aforesaid, shall have an allowance or salary of two hundred pounds, current money, per annum, and shell be held and obliged to take care and keep in good order, at all times, fit and ready for service, all the warlike stores in Granville's bastion aforesaid, and on the said Curtain Line, or that shall be necessary to be employed in the use of the cannon there, upon pain of forfeiting his pay for every omission or neglect aforesaid;
Note:  That is the same amount of pay the SC Agent to the UK was receiving, though this is in SC dollars, the latter in pounds sterling

Cannon Training:

XLVI. And that the inhabitants of St. Philip, Charlestown, and James Island be better trained and exercised in the use of great guns, Be it enacted by the authority aforesaid, That the several companies of the regiment of St. Philip, Charlestown, and James Island company, respectively, shall, once in every six months, on a muster day, by their respective officers, be trained and exercised in the use of the cannon or great guns ; the regiment of Charlestown in the said batteries, respectively, and James Island company at Fort Johnston ; and the several men in or be longing to the said companies, respectively, as well on such training and exercising days as at all other times when the said companies shall be lawfully commanded to rendezvous at such batteries and at fort Johnston, shall be, and they are hereby obliged to be, obedient to all the lawful commands of their respective officers therein, upon pain of incurring the same penalties as are by this Act inflicted in other cases for breach or neglect of duty when such companies are under arms.

Gadsdens Cannon Company - 1760

WHEREAS, an artillery company hath been formed out of the militia Preamble, in Charlestown, that hath taken much pains in learning the exercise of artillery, which laudable undertaking may be of great service in the defense of this Province ; but as no provision is made by law for establishing and regulating the said company, disputes may not only arise with respect to their being subject and liable to do duty in the Charlestown regiment of militia, but the officers are not empowered to assemble, exercise, train and discipline the men belonging to the said artillery company, and to mulct them for disobedience and neglect of duty, as the other officers of the militia are empowered to do by the Act for the better regulating the militia of this Province. We therefore humbly pray your most sacred Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant Governor and Commander-in-chief, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of this Province, now met in General Assembly, and by the authority of the same, That the artillery company formed out of the militia in Charlestown, consisting or to consist of a captain, captain-lieutenant, a first and a second lieutenant, three lieutenant fire-workers, four sergeants, and not exceeding one hundred private men, (to be classed and distinguished by bombardiers, gunners and matrosses, in such numbers, and to serve by rotation, in such manner as the captain of the said company shall direct,) which said company shall be, and is hereby established and declared to be, a separate and distinct company; anything contained in the Act entitled "An Act for the better regulating the militia of this Province," made in the twenty-first year of his present Majesty's reign, to the contrary thereof in any wise notwithstanding.

- 8 to 12 musters per year


1778 Militia Law

- militia consisted of all male free inhabitants (including apprentices and indentured servants) within the districts of their respective companies, from the age of sixteen to sixty years, . . . with one good musket and bayonet, or a good substantial smooth bore gun and bayonet, a cross belt and cartouch box, capable of containing thirty-six rounds, with at least twelve rounds of good cartridges, filled with gun powder and a leaden bullet, each fit for such musket or smooth bore gun, and half a pound of spare powder and twenty-four spare rounds of leaden bullets or buck-shot, or one good rifle-gun and tomahawk or cutlass, with three quarters of a pound of pow. der, and not less than thirty-six leaden bullets proper for such rifle, with an equal number of patches, together with a cover for the lock of such musket or gun, one ball of wax, one worm and picker, six spare flints, and one screw driver or substantial knife, of the fitness and sufficiency of which arms, ammunition and accoutrements, the captain or commanding officer of each company shall determine.

- the whole militia of this State shall be divided into three brigades ; and there shall be a Brigadier- General and a Major of Brigade appointed to each ; and

the several regiments of militia in this State, consisting of more than twelve hundred men, shall be divided into regiments of not less than six hundred men each, by the majority of the field officers of the regiments so to be divided .and those appointed to such new regiments, and who are hereby empowered and directed to ascertain the boundaries and districts of such regiments, and the districts of the several companies of their respective regiments;

to each of which regiments there shall be one Colonel, a Lieutenant-Colonel and Major, and an Adjutant, to be nominated by a majority of the field officers, and commissioned by the Governor and Commander in-chief for the time being . . . who shall be entitled to a daily pay of three pounds, and shall be obliged to attend and instruct the several companies in the said regiments, both sepa-rately and in battalion) and to examine the arms, accoutrements and state of the regiments, and report the same every three months to the commanding officer ;

and to each company of such regiments, a captain and two subalterns, if the same consists of not more than sixty men, and three sub alterns if above that number, three sergeants, three corporals and a clerk, (whose duty shall be to keep always an exact circumstantial and fair list of the company he belongs to, expressing where the several persons belonging to such company do respectively reside, to attend militia courts, and to do all such other business as relates to the office of a clerk in the said compa ny) nor more than two drummers and one piper ; all and every of which officer and officers, respectively, shall reside in the district to which the regiment or company belongs.

- no "volunteer company in this State" separate and apart from the militia allowed.

- company level muster monthly; battalion every six months

- people exempt from the monthly training call-out:

- President or Governor and Commander-in- chief, or Vice-President or Lieutenant-Governor, - all members of the Privy Council for the time being, with their clerk and door-keepers, - the judges of the several courts of justice, and clerks of such courts, the master in chancery, sergeant-at-arms, sheriffs, with one deputy each,  

- collectors of the customs, 

- comptrollers, - powder receiver, - commissary, - surveyor-general, - auditors-general, - secretary and one deputy, - waiters and searchers, - commissioners of the treasury, - . . . the members of the Senate and House of Representatives, and their respective officers, - all officers of the courts of justice not before mentioned, while attending the same, all justices of the peace who actually qualify and act, and no other, all licensed clergymen, belonging to any established church in this State, the post-master, his deputy and post-rider, - the fire-masters and managers of the fire engines in Charlestown, - the pilots and their crews, - one white man to each ferrv, and one to each grist mill.  

But all such persons . . . shall, in time of alarm, insurrection, invasion or rebellion against this State, appear properly armed and accoutred in the companies in the districts in which they reside.

Slaves now enlisted, but only as "pioneers -- i.e., ditch diggers and other engineering duties, not as armed line infantry:

. . . Every person having any property, command or power over any male slave, as owner, manager, attorney or trustee, who shall refuse or neglect to make out and give in such list, in manner as and at the times directed by this Act, shall, for every such offence, forfeit and pay the sum of twenty pounds, current money ; and every such person who shall neglect or refuse to send and order any such slave, in time of alarm, to join the company in which such slave shall be enlisted as pioneer or hatchet man as aforesaid, after notice of such enlistment, shall, for every such offence, forfeit and pay the sum of fifty pounds current money; which fines shall be recovered by the majority of the officers of such company in which such slave is enlisted, from the owner or person having command of such slave, in man- ner as other fines are recoverable by this Act, and shall be paid into the public treasury for the use of this State.