Bill 2176

                    Current Status

Bill Number:               2176
Ratification Number:       424
Act Number                 597
Introducing Body:          House
Subject:                   To create the Old Jacksonborough
                           Historic District in Colleton County

(A597, R424, H2176)

AN ACT TO CREATE THE OLD JACKSONBOROUGH HISTORIC DISTRICT IN COLLETON COUNTY AND TO PLACE SUCH DISTRICT UNDER THE JURISDICTION OF THE OLD JACKSONBOROUGH HISTORIC DISTRICT AUTHORITY.

Whereas, the General Assembly recognizes the great historic and cultural significance of South Carolina's only provisional state capital, at the Village of Old Jacksonborough on the banks of the Edisto River in Colleton County; and

Whereas, the British defeat at the Battle of Yorktown in Virginia, in October, 1781, signaled the termination of the Revolution, South Carolina's General Assembly elected in December, 1781, not to convene in Charleston because the capital city continued to be occupied by the British who remained there for another year until December, 1782, forcing the Legislature to meet for its 1782 session in a non-hostile environment, at the Village of Old Jacksonborough in then Saint Bartholomew's Parish; and

Whereas, during 1782, the final year of the Revolution in South Carolina, at the Village of Old Jacksonborough, the meetings of the General Assembly were conducted in the Masonic Lodge and in the Tavern of Peter DuBose; and

Whereas, John Matthews was elected by the Jacksonborough Assembly on January 31, 1782, as South Carolina's second Governor, succeeding John Rutledge. He administered the state's civil government from the Village of Old Jacksonborough until December 14, 1782, when the British departed Charleston, after which civil government was administered from the capital city; and

Whereas, for a time during the final push of the Revolutionary Forces toward Charleston, the headquarters for General Nathanael Greene, Commanding General of the Southern Continental Army, was located in the area around the Village of Old Jacksonborough to protect the General Assembly convened there, the headquarters having previously been located in December, 1781, at nearby Round O; and

Whereas, close by the Village of Old Jacksonborough is the tomb of Colonel Isaac Hayne, the gallant American martyr, who was carried to his execution from the Prevost Dungeon of Charleston's Exchange Building on August 4, 1781; and

Whereas, near the Village of Old Jacksonborough lie the ruins of Saint Bartholomew's Parish Church, established in 1706, known as Pon Pon Chapel, and later as "Burnt Church". John Wesley preached here on April 24, 1737. Buried in the churchyard is Congressman O'Brien Smith (1756-1811) at whose nearby Duharra Plantation on the Combahee River in present Colleton County President George Washington during his southern tour was a guest on the night of May 10, 1791. Smith served as a State Representative (1788-92; 1793-1800; 1808-11); State Senator (1800-05); Member of Congress (1805-07); and as second President of the Hibernian Society of Charleston. Also buried in the churchyard is Aedanus Burke ( 1743-1802), a State Representative (1779-88) and later a judge; and

Whereas, in the proximity of the Village of Old Jacksonborough is the cemetery and site of former Bethel "Pon Pon" Presbyterian Church, organized in 1728; buried here is Commander John Herbert Dent (1782-1823), Acting Commanding Officer of the U. S. Frigate Constitution "Old Ironsides"; also buried here is Simon Verdier (1780-1853), a State Representative (1822-23, 1850-52) and State Senator (1823-30, 1838-42); and

Whereas, the site of Edmundsbury Episcopal Chapel, built in 1758 and named for Landgrave Edmund Bellinger, is near the Village of Old Jacksonborough. Its cemetery contains the graves of two South Carolina Lieutenant Governors, William Cotesworth Pinckney (1768-1833) and Merrick E. Carn (1808-1862) Pinckney was a State Representative (1798-1806, 1824-26); Speaker of the House of Representatives (1804-1806); State Senator (1806-1810); Lieutenant Governor (1820-1822); and member of the Nullification Convention (1832-33). Carn was a State Representative (1842-48); Intendant of Walterboro (1854); State Senator (1850-58); Lieutenant Governor (1858-60); and signer of the Ordinance of Secession (1860); and

Whereas, near the Edisto River crossing close by the Village of Old Jacksonborough, on August 30, 1781, General Francis Marion with a force of four hundred Patriots intercepted a force of five hundred and forty Hessians, Britishers, and Tories at the Battle of Parker's Ferry, forcing the enemy to withdraw to Charleston; and

Whereas, the court house and jail in the Village of Old Jacksonborough served as the seat of justice for Colleton District from 1799 to 1822, when Walterborough became the county seat. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Historic District created

Section 1. There is hereby created the Old Jacksonborough Historic District (District) in Colleton County, which shall be under the jurisdiction of the Old Jacksonborough Historic District Authority (Authority), a body politic and corporate under the laws of this State.

The District shall be composed of the Village of Old Jacksonborough, as well as any other historic sites that may have historical or cultural connection or relevance to Old Jacksonborough.

Composition of board of regents

Section 2. The Authority shall be governed by a board of regents consisting of nine members, as follows:

(a) The resident Senator for Colleton County shall serve ex- officio;

(b) The Representative in whose district the present Village of Jacksonborough is situate shall serve ex officio;

(c) Four members resident in Colleton County appointed by the Governor upon recommendation of the Colleton County Legislative Delegation;

(d) One member resident in the First or Second Congressional District appointed by the Governor with the advice and consent of the Senate;

(e) One member resident in the Third or Fourth Congressional District appointed by the Governor with the advice and consent of the Senate;

(f) One member resident in the Fifth or Sixth Congressional District appointed by the Governor with the Advice and Consent of the Senate.

The terms of the members shall be for four years and until their successors are appointed and qualify except that those originally appointed to the board of regents, four shall serve two years and three shall serve for four years. The length of such terms shall be determined by lot. In the case of any vacancy, the vacancy shall be filled in the manner of the original appointment for the unexpired portion of the term only. The board of regents, upon being appointed, shall meet and elect a chairman and such other officers as it deems necessary from its membership.

Rules governing meetings of board

Section 3. The board of regents shall meet upon the call of the chairman or a majority of its members, and a majority of its members, excluding the ex officio members, shall constitute a quorum for the transaction of business. The board of regents shall serve without compensation, but shall be entitled to receive reimbursement for mileage at the existing state rate. It may employ a director and other employees who shall perform such duties as the board may direct. Compensation paid the director and other employees shall be fixed by the board.

Powers of Historic District Authority

Section 4. The Authority is authorized to:

(a) Make studies, surveys, maps and do such other functions as may be necessary to determine the exact site and location of the Village of Old Jacksonborough at the time it served as the state's provisional capital, determine the exact site and location, and obtain information about the buildings used for sessions of the General Assembly during its 1782 session;

(b) Make studies, surveys and maps about other structures, dwellings, buildings, roads, streets, bridges and highways, in or near the Village of Old Jacksonborough;

(c) Make studies, surveys and maps to determine, identify, locate, and designate the historic and cultural sites in the surrounding area, including the dwelling in which Governor John Matthews visited, the headquarters of General Nathanael Greene, the tomb of Colonel Isaac Hayne, Pon Pon Chapel, the grave of Congressman O'Brien Smith, Duharra Plantation House where President Washington spent the night, the grave of Judge Aedanus Burke, the graves of Commander John Herbert Dent, Senator Simon Verdier, Lieutenant Governor William Cotesworth Pinckney, and Lieutenant Governor Merrick E. Carn, the site of Bethel "Pon Pon" Presbyterian Church, Edmundsbury Episcopal Chapel, and the Battle of Parker's Ferry, and such other historic and cultural sites as may be located and identified.

Further

Section 5. The Authority may, without regard to the laws and procedures applicable to state agencies, procure supplies, services and property and make contracts and expend in furtherance of this act funds donated or funds received and may, within the limits of statutory authority, exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this act.

The Authority shall have the power to procure and purchase books, documents, transcripts of documents, or other historic or cultural materials, paintings, works of art or any artistic objects of historic or cultural interest; to collect and preserve objects of interest pertaining to natural or cultural history of the Village of Old Jacksonborough, Colleton County, or the State of South Carolina and other like property; to arrange and catalogue them; to provide for their restoration when necessary; to provide for public display, examination and use in the furtherance of the cultural life of the Village of Old Jacksonborough, Colleton County, and the State; to purchase or lease property or buildings necessary to establish and conduct a museum of cultural history and natural science, an historic restoration of the Village of Old Jacksonborough, or an historic site or restoration at any other of the sites set forth herein; to mortgage or pledge its real or personal property, and to receive funds, grants, donations and appropriations for the purpose of establishing and operating historic restorations, historic sites, or a museum of history and natural science. The Authority shall have full power to operate, maintain and expand any restoration or museum so far as its funds allow. The Authority may enter into agreements, leases, working arrangements with other museums, art centers or eleemosynary corporations or with state or federal departments or agencies in the acquisition of historic sites or historic objects or in the purchase, development and operation of historic or cultural properties, pageants or dramas for the historical, cultural, or economic development of the Village of Old Jacksonborough, Colleton County, and the State of South Carolina.

Further

Section 6. The Authority is authorized to accept donations of money, property or personal services; to cooperate with national, state, civic, patriotic, hereditary and historical groups and institutions of learning; and to call upon state and federal departments or agencies for their advice and assistance in carrying out the purposes of this act.

Further

Section 7. The Authority shall select markers and appropriately mark and designate points and places of historical interest in the territory that may comprise the Old Jacksonborough Historic District. The Authority shall be responsible for the operation and upkeep of such historical sites. It shall receive and disburse funds, accept donations, and compile, print and sell historical pamphlets. In addition, the Authority shall advise the county legislative delegation on matters of historical interest in the Old Jacksonborough Historic District, Colleton County, and adjacent areas.

Time effective

Section 8. This act shall take effect upon approval by the Governor.