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4 Stat. at Large of S.C. 343-44 (1838)

Abstract
An Act to Prevent Sedition, and Punish Insurgents and Disturbers of the Public Peace, § 1: Prohibited any person to "take up arms with a hostile intent."
Summary
The Act made it a capital felony to take up arms with hostile intent against South Carolina’s government or to encourage others to do so. It also applied to those who used such violence to injure government supporters or destroy their property, with convicted offenders and their aiders facing death without benefit of clergy.
Law Text
I. Be it enacted, by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the Colony of South Carolina, and by the honorable the Legislative Council and General Assembly of this Colony, and by the authority of the same, That if any person or persons within this Colony do or shall, from and immediately after the passing of this Act, take up arms with a hostile intent, and by force and violence, or by words, deeds or writing, or any other means whatsoever, cause, induce or persuade, or attempt to cause, induce or persuade, any other person or persons with such hostile intent to take up arms, and by force and violence to oppose and subvert the authority of the Government of this Colony, established by the Constitution agreed on and confirmed in Congress at Charlestown, on the twenty-sixth day of March, one thousand seven hundred and seventy-six; or to wound, maim or kill any person or persons, or destroy any of the houses, goods or chattels of any such person or persons who shall, under and by virtue of any authority of the said Government, be acting in support and defence of the same, or the execution of any power, authority or office derived therefrom, all and every of such person or persons, and the aider and abettor or aiders and abettors of such person or persons, so offending in either of the offences aforesaid, shall, on being indicted and convicted of the same by due course of law, be deemed and adjudged guilty of felony, and suffer death, without benefit of clergy.

Description

Categories

CARRY - INTENT TO COMMIT CRIME

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Date

1776

Jurisdiction

South Carolina

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