The members of assembly, as I already observed, having formed their
resolution to revolt, and gone so far as to bring the people to stand by
and support them, in spite of every obstacle determined to proceed, until
they should bring themselves under the protection of the King. As they
had the whole civil power to encounter, and many difficulties to surmount
it may not be improper the more particularly to mark the various steps
they took to accomplish this end. United in their view by the greatness
of the danger, we shall see they regularly made their attacks.. They
formed their outworks first at a distance, and then brought them
gradually nearer; and, in short, raised none but such as afterwards
served to support others in the difficult progress of their future
operations.
[Sidenote] The people's encouragement to revolt.
At the election of assembly in Charlestown, Trott and Rhett, who formerly
had such influence and sway, were now become so obnoxious that they could
not bring one man into the house. Alexander Skene, formerly excluded from
the council, was elected a member of this new assembly, which was chosen
on purpose to oppose the civil officers, considering themselves as ill
used by the Proprietors, turned a zealous and active person for pulling
down the tottering fabric of their government. This man, together with
several other members of assembly, held frequent meetings, to consider of
all their grievances, and the encouragements they had received from time
to time from Britain, respecting the great end they now had in view. They
recalled to mind what had passed in the House of Peers during the reign
of Queen Anne, how her majesty had then ordered her Attorney and
Solicitor-general to consider of the most effectual methods of proceeding
against the charter. They knew also, that a bill had been brought into
the House of Commons, for reducing all charter and proprietary
governments into regal ones. They had been informed that Lord Carteret,
conscious of the inability of the Proprietors to defend their province in
the Yamassee war, had publicly applied for assistance from the British
government, and that the Lords of trade were of opinion, that the
government of the province should belong to that power which bore the
expence of its protection. They had considered all these things, and
flattered themselves with the hopes, that the King would take the colony
under his care as soon as they renounced allegiance to the Proprietors.
And as the time drew nigh in which they expected an attack from a
powerful nation, they concluded that the province needed assistance of
the Crown at the present, more than at any time past. They had convinced
the people of the manifold advantages of the British constitution, and
the great happiness of those colonies which were under the immediate care
and protection of the Crown, insomuch that they now desired nothing more
upon earth, than to enjoy the same invaluable privileges.
[Sidenote] Their letter to the Governor signifying their design.
To these secret meetings and transactions Governor Johnson, who lived at
his plantation several miles from Charlestown, was an entire stranger,
until he received the following letter, bearing date November 28, 1719,
and signed by Alexander Skene, George Logan, and William Blakeway. "Sir,
we doubt not but you have heard of the whole province entering into an
association to stand by their rights and privileges, and to get rid of
the oppression and arbitrary dealings of the Lords Proprietors. As we
always bore you the greatest deference and respect imaginable, we take
this opportunity to let you know, that the committee of the people's
representatives were last night appointed to wait on you this morning, to
acquaint you, that they have come to a resolution to have no regard to
the Proprietors officers, nor their administration: and withal to beg,
that your honour will hold the reigns of government for the King, till
his Majesty's pleasure be known. The great value the whole country
express for your honour's person, makes them desirous to have nobody but
yourself to govern them; and as you must be convinced, that no person can
be more passionately fond of your government than ourselves, we hope you
will not take amiss any advice given by faithful and affectionate
friends; and therefore we take the liberty to tell you freely, we are of
opinion that your honour may take the government upon you, upon the
office of the people, for the King, and represent to the Proprietors,
that rather than the whole country should be in confusion, and want a
governing power, you held it for their Lordships, though you were obliged
to comply with the colonists, who were unanimously of opinion they would
have no Proprietors government. We could wish for a longer and better
opportunity to explain this matter to you; but it is impossible, for the
gentlemen will be with you in two hours at farthest. We heartily wish
your honour the utmost success, let it go which way it will; but beg
leave to observe, that your compliance will not only be the greatest
satisfaction to the province in general, but also to your humble
servants."
[Sidenote] Which the Governor endeavours to defeat.
This letter, though fraught with the highest professions of respect to
the Governor, he nevertheless considered as an insult; but especially the
advice, which he deemed both highly derogatory to his integrity as a man,
and his fidelity as a governor. The bait thrown out to appearance was
specious and flattering, yet the Governor had too much penetration, not
to see under its false colours the naked hook. The letter, however,
served to give him notice of the association, and the resolution of the
people, which it was his duty by all means possible to defeat. For this
purpose he hastened to town, and summoned his council, to take their
advice in a case so unexpected and alarming. Meeting accidentally with
Alexander Skene, he informed him that the committee who were appointed to
wait on him had changed their minds, and were gone to their respective
places of abode. Governor Johnson, nevertheless, informed his council of
the association, and required their advice and assistance about the most
effectual methods of breaking it up, and supporting the proprietary
government. He perceived that, although he was called Governor, yet Trott
ruled the province, and therefore resolved to do nothing without his
advice, that he might be equally responsible with the rest for the ill
consequences which he was apprehensive would attend their future
proceedings. The council were not a little perplexed what step to take;
but as the committee had altered their intention of waiting on the
Governor, they were of opinion that no notice should be taken of their
proceedings, until the assembly should meet in a legal manner, revive the
matter, and bring it regularly before them; hoping that the people, upon
more cool reflection, might drop their dangerous resolution.
[Sidenote] Proceedings of the convention.
In the mean time the members of assembly were using their utmost
diligence among the people of the province to keep them firm to their
purpose, having got almost every person, except the officers of the
Proprietors and a few of their friends, to sign the association. All
agreed to support whatever their representatives should do for
disengaging the colony from the yoke of the Proprietors, and putting it
under the government of the King. Having thus fortified themselves by the
union of the inhabitants, the assembly met on purpose to take bolder and
more decisive steps: and being apprehensive that the Governor would
dissolve them, so soon as their proceedings reached his ears, they
instantly came to the following resolutions: "First, That the several
laws pretended to be repealed are still in force within the province, and
could nor be repealed and made void and null but by the General Assembly
of this province, and that all public officers and others do pay due
regard to the same accordingly. Secondly, That the writs, whereby the
representatives here met were elected, are illegal, because they are
signed by such a council as we conceive the Proprietors have not a power
to appoint; for that this council does consist of a greater number of
members than that of the Proprietors themselves, which we believe is
contrary to the design and original intent of their charter, and
approaching too near the method taken by his majesty and his predecessors
in his plantations, whom they ought not to pretend to imitate or follow,
his majesty not being confined to any number of counsellors, but as he
thinks fit; but the Proprietors, as subjects, we believe, are bound by
their charter. Thirdly, That we the representatives cannot act as an
assembly, but as a convention delegated by the people, to prevent the
utter ruin of this government, if not the loss of the province, till his
majesty's pleasure be known: and, lastly, That the Lords Proprietors have
by such proceedings unhinged the frame of their government, and forfeited
their right to the same; and that an address be prepared, to desire the
honourable Robert Johnson, our present Governor, to take the government
upon him in the King's name, and to continue the administration thereof
until his Majesty's pleasure be known."
Agreeable to the last resolution, an address was drawn up, signed by
Arthur Middleton as president and twenty-two members of the convention.
The Governor having sent them a message, acquainting them that he was
ready with his council to receive and order them to chuse a speaker; they
came to the upper house in a body, and Arthur Middleton addressed the
Governor in the following words: "I am ordered by the representatives of
the people here present to tell you, that, according to your honour's
order, we are come to wait on you: I am further ordered to acquaint you,
that we own your honour as our Governor, you being approved by the King;
and as there was once in this province a legal council, representing the
Proprietors as their deputies, which being now altered, we do not look on
the gentlemen present to be a legal council; so I am ordered to tell you,
that the representatives of the people do disown them as such, and will
not act with them on any account."
[Sidenote] The perplexity of the Governor and council.
The Governor and Council, struck with silence and astonishment at the
audacious spirit of the convention, and suspecting that they were backed
and supported by the voice of the people, were greatly puzzled what
measures they should take to recal them to the obedience of legal
authority. Some were for opposing violence to violence, and thought the
best way of bringing them back to their allegiance would be to terrify
them with threats and confiscations. Others were of opinion, that the
defection was too general to admit of such a remedy, and that mild
expostulations were more proper both for softening their minds, and
convincing them of their error; and should such gentle means fail, the
Governor might then dissolve them, and for the present time put an end to
the dispute. But, on the other hand, dangers hung over the country, and
the only fund for repairing the fortifications being lost by the repeal
of the general duty-law, money must be provided for the public
protection. If the Governor should dissolve the house, how could the
province be put in a posture of defence against a Spanish invasion, with
which it was threatened. If he should suffer them to sit while they had
resolved that the Proprietors had forfeited their right to the
government, and refused on any account to act with his council, he might
be chargeable with a breach of his trust. The result of their
deliberations was, a message from the Governor and council, desiring a
conference with the house of assembly. To which they returned for answer,
that they would not receive any message or paper from the Governor in
conjunction with these gentlemen he was pleased to call his council.
Finding them thus inflexible and resolute, the Governor was obliged to
give way to the current, and therefore, in two days afterwards, sent for
them in his own name, and spoke to them to the following effect:
[Sidenote] The Governor's speech for recalling the people.
"When I sent for you the other day, I intended to have desired you to
have chosen your speaker, to be presented to me as usual, and then I did
propose to have spoke to you in the following manner:
"Your being met together at a time when there was never more occasion for
a ready dispatch of public business, and a good harmony betwixt the upper
and lower house; I must recommend that to you; and nothing will be
wanting on my part to promote a good understanding betwixt the Lords
Proprietors and the people, at present (to my great affliction) I fear
too much interrupted: I must, therefore, in the first place, recommend to
you, that you will without delay, or other matter intervening, fall upon
proper methods for raising money for finishing the repairs of the
fortifications, and providing stores of war, which are much wanted. The
intelligence which I have of the designs of our enemies, which makes this
work so necessary, shall be laid before you.
"I am sorry the Lords Proprietors have been induced (by a necessity, to
defend and support their just prerogatives) at this juncture to disannul
some of your laws; if they had not thought the letting those acts subsist
might have rendered their right of repeal precarious, they would have
suffered them still to continue. I hope from you, therefore, a
respectable behaviour towards them, that we may not feel any more their
displeasure in so sensible a manner, as the loss (in this time of need)
of our duty-law, and which has also occasioned an injunction to me and
the council, from acting with an assembly who shall dispute their
Lordships undoubted right of repealing laws, and appointing officers
civil and military.
"I find some are jealous and uneasy on account of rumours spread, that
you design to alter the tax-act, for sinking your paper currency. Public
credit ought to be sacred, and it is a standing maxim, That no state can
subsist longer than their credit is maintained: I hope therefore you have
no such intentions, which would put me under a necessity of doing what I
have never yet done; I mean, disagreeing with you. I expect therefore you
will make good what the public is answerable for, and proceed to such
farther methods for paying our debts, as shall be both honourable and
proper, and best adapted to our circumstances.
"The alarm from the southward, about five months since, obliged me to be
in a posture of defence, and occasioned some charges, the accounts of
which shall be laid before you; and I desire you will provide for the
discharge of them: I think also the militia-acts want some amendments;
and that you should contrive to keep a good watch in Charlestown.
"This is what I intended to have recommended to you: but Mr. Middleton's
telling me, in the name of the rest, that you would not act with, and
your surprising message since, that you will not receive any thing from
me, in conjunction with my council, has made it necessary for me to take
this occasion of talking with that plainness and freedom so extraordinary
a proceeding of yours requires. And, first, I must take notice of your
message, wherein you say, you own me as Governor, because I am approved
of by the King; but that you disown the council to be a legal one, nor
will act with them on any account whatsoever; and this is subscribed by
all your members: but, upon examining, I find it to be pretty dark and
evasive, and seems as if you would avoid expressing in plain terms, what
I have too much cause to fear is your design, I mean, to renounce all
obedience to the Lords Proprietors: and this I cannot but think you
propose from all your words and actions. You say, you acknowledge me,
because I am approved of by the King; but you take no notice of my
commission from the Proprietors, which is what makes me Governor. The
confirmation of the King, only signifies his majesty's approbation of the
person the Lords Proprietors have constituted; but it is my commission
and instruction from them, that not only grants, but limits my power, and
contains the rules by which I must act, and are to warrant and vouch my
actions; therefore, to avoid declaring in express terms your renouncing
the Lords power, and at the same time doing it in effect, is to create
perpetual doubts and disputes, and is not acting with that sincerity and
plainness which ought to be used in all public debates, and especially in
matters of so great concern as this is, and upon which so great
consequences depend.
"I do require and demand of you, therefore, and expect you will answer me
in plain and positive terms, whether you own the authority of the Lords
Proprietors as Lords of this province, and having authority to administer
or authorise others to administer the government thereof; saving the
allegiance of them and the people to his most sacred majesty King George?
Or, whether you absolutely renounce all obedience to them, and those
commissioned and authorised by them? Or, whether you admit their general
power, and only dispute that particular branch of their authority, in
constituting a council after the manner they have now done? If you deny
their general power and authority in this province, and say, that their
Lordships have forfeited their charter, as Mr. Berrisford asserted, and
you all acquiesced in; then I demand of you, that you signify wherein the
Lords have forfeited their charter, and what particular branch thereof
they have broken: and I demand of you, that supposing (not granting) they
have made a forfeiture of their charter, by what power do you presume to
renounce their authority, and to model a government out of your own
heads, before such time as that, by a court having lawful jurisdiction of
the same, it shall be adjudged that the Lords have made a forfeiture of
their charter, and that the powers granted them are null and void? If the
King is of opinion, that any corporation or society have made a
forfeiture of the rights and powers granted by their charter, although
his majesty may have the advice of his Attorney and Solicitor-general,
and his Judges and Council learned in the law, that such a forfeiture has
been made, (and this he may more reasonably depend on than any advice or
assurance you can have); yet, notwithstanding this, and his supreme
authority as King, he never dispossessed the persons of the powers
granted them, before a quo warranto or some other process had been
brought, and judgment obtained against the same. And if the King doth not
assume such a power, by what authority do you assume it?
"I desire you further to consider the consequence that attends that
assertion, Of the charter being forfeited, before judgment is given upon
the same. For if it be so, then the forfeiture must be from the time that
the fact was committed that caused the forfeiture; and then you must
remember, that, by the charter, the Lords have granted to them, not only
the power of ordering the government, but also the lands are granted to
them by the said charter; so that if there is a forfeiture of the rights
and prerogatives of the government, there is also a forfeiture of their
rights to the lands; and so all grants made by their authority of any
lands, since the fact committed that caused the forfeiture, according to
your own doctrine and assertion, must be null and void; and therefore,
how many persons titles to their lands will become void, I leave you to
consider. And though, it may be, you will assign some new late fact, that
you say will cause such a forfeiture, by which you may think to avoid the
ill consequence that attends the titles to the lands; yet know, that the
facts that you assign may not be the only ones that may be thought to
have made the forfeiture of their charter. And if your present assertion
is true, that they may be dispossessed before a judgment; it may be,
other persons may assign other causes of the forfeiture, besides those
which you assign, which may have been committed many years ago: for you
cannot but know there have been persons in the province, that, for
several years past, have publicly asserted, that the Lords have done
facts, for which their charter was become forfeited. Which if so, I leave
you to consider what a gate you will leave open to call in question, nay,
utterly destroy, several hundreds of peoples titles to their lands. And
though you have most unjustly and untruly suggested to the people, to
create a prejudice in them to the Lords Proprietors, that their Lordships
designed to dispute their titles to their lands; yet, by this assertion
and practice, you are the persons that will not only call in question,
but effectually destroy their titles.
"And if you persist in disowning the council as now authorised, then I
desire you further to consider, in what capacity I can act with you, and
to what purpose you pretend to sit and transact the public business of
the province. You know very well I am not able to join with you in
passing any law without the consent of my council; and surely you cannot
pretend to pass laws without me: and what an absolute occasion there is
now to pass some laws, that the province may be put in a posture of
defence, and the contingent charges thereof defrayed, I leave you
seriously to consider, and hope you will not lose the whole province to
the enemy, for your own humours.
"But I am further to tell you, that, in case you continue to deny the
authority of the council, you cannot properly style yourselves the
representatives of the people; for you know very well you were chosen
members of assembly, pursuant to and by virtue of the writs signed by
myself and council; for it is not the peoples voting for you that makes
you become their representatives; the liege people of this, or any other
province, have no power to convene and chuse their representatives,
without being authorised so to do by some writ or order coming from
authority lawfully empowered. And if you pretend that the writs signed by
me, as Governor, were sufficient: to that I answer, that I do not pretend
to any such authority, but jointly, and with the consent of my council,
it being the express words of my commission; nor did I sign the writs in
any other capacity than in conjunction with my council, who also signed
the same. But if my signing the writs were sufficient authority for the
people to chuse you, then you must allow, that as the power lies solely
in me to call you, it lies also solely in me to dissolve you; and
therefore, if by your actions you will force me to make use of that
power, I do hereby publicly protest and declare, you only must be
answerable for the ill consequences that may attend such a dissolution,
and for the loss of the lives and estates of the King's subjects in this
province, by any attack that may be made upon them by our public enemies
the Spaniards, or from the Indians, by reason of the province's not being
put into such a posture of defence as it ought, and would, if you
proceeded to transact the public business under a lawful authority; and
this I would have you seriously to consider of.
"Notwithstanding stories that have been industriously spread to
prepossess the people, that you are the only persons who stand up for
their rights and privileges; by which, it may be, you have so far engaged
them in your favour, that you may have their assistance to enable you to
commit any act of force or violence upon the government, and the
authority of the Lords Proprietors; yet know, and be assured, that the
matters in dispute are of that consequence, that they must and will be
decided by an authority in England, having lawful jurisdiction of the
same; and that there it must be law and right that must justify your
claims, and not the consent and approbation of the people of Carolina,
who will have no weight there, but the right and merit of the cause.
"I must farther mention to you, that it is notoriously known, you have
promoted two forms of associations, and have persuaded the people to sign
them. How far you can be justified at home, behoves you to consider: but
as I am satisfied no matter of such public concern ought to be carried on
without my knowledge, so I do hereby require and demand of you, an
attested copy of both associations; and though it may not concern me to
have the names of every individual person that has signed them, yet I do
insist upon it that you do acquaint me which of your own members have
signed both, or either of them, as also the names of such persons who
have commissions, or hold any places civil or military under their
Lordships, or of such persons who practise the law in their Lordships
courts, and have signed them.
"To what is here demanded of you I do require your plain and positive
answer in express terms, and that you do in writing give me the same in a
body, and under your hands."
[Sidenote] Their message in answer to it.
This long and elaborate speech, which was also given them in writing,
they were not long considering of, but soon returned with the following
message; and shewed him that they were neither to be shaken by
persuasion, nor intimidated by threats, from their firm purpose. "We have
already acquainted you, that we would not receive any message or paper
from your honour, in conjunction with the gentlemen you are pleased to
call your council; therefore we must now again repeat the same, and beg
leave to tell you, that the paper your honour read and delivered to us,
we take no notice of, nor shall we give any farther answer to it but in
Great Britain."
Immediately after this they came with the following address to the
Governor, publicly avowing their resolution to cast off all obedience to
the proprietary government, and urging and intreating him to comply with
their desire, and take upon him the government of the province in the
name of the King. "It is with no small concern that we find ourselves
obliged to address your honour, in a matter which nothing but the
absolute necessity of self-preservation could at this juncture have
prevailed on us to do. The reasons are already by us made known to your
honour and the world, therefore we forbear to rehearse them; bur proceed
to take leave to assure you, that it is the greatest satisfaction
imaginable to us, to find throughout the whole country, that universal
affection, deference and respect the inhabitants bear to your honour's
person, and with what passionate desire they wish for a continuance of
your gentle and good administration; and since we, who are instructed
with, and are the assertors of their rights and liberties, are
unanimously of opinion, that no person is fitter to govern so loyal and
obedient a people to his sacred majesty King George, so we most earnestly
desire and intreat your honour, to take upon you the government of this
province, in his majesty's name, till his pleasure shall be known; by
which means, we are convinced, that this (at present) unfortunate colony
may flourish, as well as those who feel the happy influence of his
majesty's immediate care.
"As the well-being and preservation of this province depends greatly on
your honour's complying with our requests, so we flatter ourselves, that
you, who have expressed so tender a regard for it on all occasions, and
particularly in hazarding your own person in an expedition against the
pirates, for its defence, an example seldom found in governors; so we
hope, Sir, that you will exert yourself at this juncture for its support;
and we promise your honour, on our parts, the most faithful assistance of
persons duly sensible of your honour's great goodness, and big with the
hopes and expectation of his majesty's countenance and protection. And we
farther beg leave to assure your honour, that we will, in the most
dutiful manner, address his most sacred majesty King George, for the
continuance of your government over us, under whom we doubt not to be a
happy people."
[Sidenote] The Governor's answer.
To this flattering address the Governor returned the following answer;
such as became his honour and trust. "I am obliged to you for your good
opinion of me; but I hold my commission from the true and absolute Lords
and Proprietors of this province[1], who recommended me to his majesty,
and I have his approbation; it is by that commission and power I act, and
I know of no power or authority can dispossess me of the same, but those
only who gave me those authorities. In subordination to them I shall
always act, and to my utmost maintain their Lordships just power and
prerogatives, without encroaching on the people's rights and privileges.
I do not expect or desire any favour from you, only that of seriously
taking into your consideration the approaching danger of a foreign enemy,
and the steps you are taking to involve yourselves and this province in
anarchy and confusion."
[1] This is the term the charter gives them.
[Sidenote] The assembly dissolved, and the proceedings of the people.
The representatives having now fully declared their intentions, and
finding it impossible by all their art and address to win over the
Governor to a compliance with their measures, and to accept of the
government only from his having the King's approbation, began to treat
him with indifference and neglect. He, on the other hand, perceiving that
neither harsh nor gentle means could recal them to their duty and
allegiance, and that they became the more outrageous and ungovernable by
his endeavours to this purpose, issued a proclamation for dissolving the
house, and retired to the country. The representatives ordered his
proclamation to be torn from the marshal's hands, and proceeded next to
avowed usurpation. They met upon their own authority, and in direct
opposition to that of the Proprietors, and chose Colonel James Moore
their Governor; who was a man of a bold and turbulent disposition, and
excellently qualified for being a popular leader in perilous adventures.
To Governor Johnson he was no friend, having been by him removed from his
command of the militia, for warmly espousing the cause of the people: to
the Proprietors he was an inveterate enemy. In every new enterprize he
had been a volunteer, and in whatever he engaged he continued to his
purpose steady and inflexible. A day was fixed by the Convention for
proclaiming him, in name of the King, Governor of the province, and
orders were issued for directing all officers civil and military to
continue in their different places and employments, till they shall hear
farther from them.
Governor Johnson, some time before this, had appointed a day for a
general review of the provincial militia; and the Convention, that they
might have the opportunity of the people being under arms, and ready to
forward their scheme, fixed on the same day for publicly proclaiming
Moore. The Governor, however, having intelligence of their design, sent
orders to Colonel Parris, the commander of the militia, to postpone the
review to a future day. Parris, though a zealous friend to the
revolution, in answer assured him his orders should be obeyed.
Notwithstanding this assurance, on the day fixed, when Governor Johnson
came to town, he found to his surprise the militia drawn up in the market
square, colours flying at the forts, and on board all the ships in the
harbour, and great preparations making for the proclamation. Exasperated
at the insults offered to his person and authority, he could scarcely
command his temper and restrain his resentment. Some he threatened to
chastise for flying in the face of government, to which they had sworn
allegiance and fidelity. With others he coolly reasoned, and endeavoured
to recal them by representing the fatal consequences that would certainly
attend such rash proceedings. But advancing to Parris, who had betrayed
him, he asked him, how he durst appear in arms contrary to his orders?
and commanded him, in the King's name, instantly to disperse his men.
Colonel Parris insolently replied, he was obeying the orders of the
Convention. The Governor in great rage walked up towards him; upon which
Parris immediately commanded his men to present, and bid him at the peril
of life advance no nearer. The Governor expected, during this struggle,
that some friends would have stood by him, especially such as held
offices of profit and trust under the Proprietors, or that the militia
would have laid down their arms at his command: but he was disappointed;
for all either stood silent, or kept firm to the standard of the
Convention. However, to amuse him, and prevent his taking any rash step
in the heat of passion, John Lloyd, one of their party, was sent, out of
pretence of friendship, to walk and converse with the Governor. Vain
indeed were the efforts of a single arm, in so general a defection. Even
Trott and Rhett, in this extremity, forsook him, and kept at a distance,
the silent and inactive spectators of their masters ruined authority.
[Sidenote] James Moore proclaimed Governor.
[Sidenote] The declaration of the Convention.
After this the members of Convention attended, and, escorted by the
militia, publicly marched to the fort, and there declared James Moore
governor of the province in name of the King, which was followed by the
loudest acclamations of the populace. Upon their return, they next
proceeded to the election of twelve counsellors, of whom Sir Hovenden
Walker was made president. In this, however, it is remarkable, that they
assumed a right and power to themselves which they had refused to the
Proprietors, and made one of the principal articles of complaint against
them. So that the revolutioners had now their Governor, Council and
Convention, and all of their own free election. In consequence of which
the delegates met, and, in the first place, resolved to publish their
declaration, to the following effect: "Whereas the Proprietors of this
province have of late assumed to themselves an arbitrary and illegal
power, of repealing such laws as the General Assembly of this settlement
have thought fit to make for the preservation and defence thereof, and
acted in many other things contrary to the laws of England, and the
charter to them and us, freemen, granted; whereby we are deprived of
those measures we had taken for the defence of the settlement, being the
south-west frontier of his majesty's territories in America, and thereby
left naked to the attacks of our inveterate enemies and next-door
neighbors the Spaniards, from whom, through the divine Providence, we
have had a miraculous deliverance, and daily expect to be invaded by
them, according to the repeated advices we have from time to time
received from several places: And whereas, pursuant to the instructions
and authorities to us given, and trust in us reposed by the inhabitants
of this settlement, and in execution of the resolutions by us made, we
did in due form apply ourselves in a whole body, by an address, to the
honourable Robert Johnson, appointed governor of this province by the
Lords Proprietors, and desired him, in name of the inhabitants of this
province, to take upon him the government of the same, and in behalf of
his majesty the King of Great Britain, France, and Ireland, until his
majesty's pleasure had been known, which the said Governor refusing to
do, exclusive of the pretended power of the Lords Proprietors over the
settlement, has put us under the necessity of applying to some other
person, to take upon him, as Governor, the administration of all the
affairs civil and military within the settlement, in the name and for the
service of his most sacred majesty, as well as making treaties, alliances
and leagues with any nation of Indians, until his majesty's pleasure
herein be further known: And whereas James Moore, a person well affected
to his present majesty, and also zealous for the interest of the
settlement, now in a sinking condition, has been prevailed with, pursuant
to such our application, to take upon him, in the King's name, and for
the King's service and safety of the settlement, the above-mentioned
charge and trust: We therefore, whose names are hereunto published, the
representatives and delegates of his majesty's liege people and free-born
subjects of the said settlement, now met in convention at Charlestown, in
their names, and in behalf of his sacred Majesty George, by the grace of
God King of Great Britain, France, and Ireland, in consideration of his
former and many great services, having great confidence in his firm
loyalty to our most gracious King George, as well as in his conduct,
courage, and other great abilities; do hereby declare the said James
Moore his majesty's Governor of this settlement, invested with all the
powers and authorities belonging and appertaining to any of his majesty's
governors in America, till his majesty's pleasure herein shall be further
known. And we do hereby for ourselves, in the name and on the behalf of
the inhabitants of the said settlement, as their representatives and
delegates, promise and oblige ourselves most solemnly to obey, maintain,
assist and support the said James Moore, in the administration of all
affairs civil and military within this settlement, as well as in the
execution of all his functions aforesaid, as Governor for his sacred
majesty King George. And further, we do expect and command, that all
officers both civil and military within the settlement, do pay him all
duty and obedience as his majesty's Governor, as they shall answer to the
contrary at their utmost peril. Given under our hand, at the Convention,
this 21st day of December, 1719."
Governor Johnson, after this public and solemn declaration, perceiving
his power totally overthrown, and the current too violent and strong for
him to withstand, had little hopes of recalling them to the obedience of
proprietary authority. Still, however, he flattered himself, that such
men as had usurped the government in opposition to lawful authority would
not long remain in a state of union, harmony and peace among themselves.
The first unpopular step of their Governor might create disturbance and
disaffection; the first difference among the leading men might divide
them into parties: he determined to wait for such occurrences, and to
improve them towards recovering his power and command. In the mean time
he called together the civil officers of the Proprietors, and ordered
them to secure the public records, and shut up all offices against the
revolutioners and their adherents.
[Sidenote] The Governor transmits an account of the whole proceedings
to the Proprietors.
That the proprietors in England might have notice of what had happened
though a proper channel, Governor Johnson drew up a slate of the whole
proceedings, and transmitted it them. He told them that the colonists had
long laboured under difficulties and hardships, by debts contracted in
the Indian war, and in protecting their trade against pirates; that an
unhappy difference had broke out between their Lordships and the people,
about the privileges of their charter; that some of the richest of the
inhabitants had persuaded the rest, that neither they themselves nor
their posterity could ever be safe in their persons, or secure in their
properties, without the protection of the crown: that they had therefore
with one accord disclaimed and renounced all obedience to their
Lordships, and put themselves under the care and government of the King;
that he, though earnestly solicited by them, had refused to govern them
in any other way, than as commissioned and appointed by the Lords
proprietors; that the people for that reason had shaken off his authority
and chosen another Governor for themselves in name and behalf of the
Kind: In short, that the revolution was in no way occasioned by his
imprudence or mal-administration, and therefore he hoped, whatever might
be the issue, that their Lordships would use their interest to continue
him in the government of the province. To the same purpose he wrote to
the Lords Commissioners of trade and plantations, who were no friends to
the proprietary governments in America, and waited for such a favourable
season as now offered in Carolina to purchase every one of them for the
crown.
[Sidenote] The Revolutioners appoint new officers, and establish
their authority.
In the mean time the members of the popular legislature were going on,
and with all their diligence and skill regulating public affairs. The
representatives of the people took a dislike to the name of a Convention,
as different from that of the other regal governments in America, and
therefore voted themselves an Assembly, and assumed the power of
appointing all public officers. In place of Nicholas Trott, they made
Richard Allein Chief Justice. Another person was appointed Provincial
Secretary, in the room of Charles Hart. But William Rhett and Francis
Yonge, by becoming obsequious to the humours of the revolutioners,
secured to themselves the same offices they held from the Proprietors.
Colonel Barnwell was chosen agent for the province, and embarked for
England, with instructions and orders to apply only to the King, to lay a
slate of their public proceedings before him, praying him to take the
province under his immediate care and protection. A new duty-law and
others for raising money to defray the various expences of government
were passed. The fortifications at Charlestown they ordered to be
immediately repaired, and William Rhett, whom every one esteemed a friend
to the revolution, was nominated Inspector-general of the Repairs. To
their new Governor they voted two thousand five hundred pounds, and to
their Chief Justice eight hundred current money, as yearly salaries. To
their agent in England one thousand pounds sterling was transmitted: and
to defray those and the other expences of government, a law was passed
for laying a tax on lands and negroes, to raise thirty thousand pounds
Carolina-money, for the service of the current year. In short, this
popular assembly imposed such burdens on their constituents, as under the
proprietary government would have been deemed intolerable grievances.
In consequence of the tax-act, when they began to levy those heavy tales,
Governor Johnson and some of his party refused to pay, giving for reason
that the act was not made by lawful authority. On account of his
particular circumstances, Mr. Johnson was exempted; but they resolved to
compel every other person to submit to their jurisdiction, and yield
implicit obedience to their laws. They forcibly seized the effects or
negroes of such as refused, sold them at public auction, and applyed the
money for the payment of their taxes. Thus, in spite of all opposition,
they established themselves in the full possession of government, both in
their legislative and executive capacities.
[Sidenote] In vain the Governor attempts to disconcert them.
[Sidenote] Rhett refuses obedience to his orders.
Governor Johnson, though obliged to stand at a distance, carefully
observed their progress, and was not a little mortified by their great
success. He however still persisted in throwing every obstacle possible
in their way: he wrote to William Rhett, who was not only the Proprietors
Receiver-general, but also Comptroller of the customs, a letter to the
following effect; informing him, That "as the people had found means to
hinder all masters of ships from coming to him as the Governor
clearances, and from clearing in the lawful secretary's offices,
notwithstanding the laws of trade made such neglects the forfeiture of
ship and cargo, and the naval officer, by his orders, did all he could to
induce them to act according to law: and as he was sensible that the
defection was so general, and his authority so depressed, that he had no
power left to punish them for disobedience; he therefore could think of
no other way to oblige them to their duty but by stopping their obtaining
clearances from the custom-house officers, until they paid their duty to
him as the lawful governor of the province. He therefore desired Mr.
Rhett would consult his powers and instructions as Surveyor and
Comptroller of the customs, and act in this affair as he should think
agreeable to them, to the laws of trade, and to the service of his
majesty, and of the Lords Proprietors." Indeed it must be acknowledged,
had Rhett so far consulted the interest of the Proprietors, as to have
commanded the officers of the customs to do their duty, according to the
Governor's project, it would have given the revolutioners no small
trouble. They would have had the mortification to see the masters of
ships disowning their authority, and going only to that office where they
could obtain authentic and legal clearances. The fees due to the Governor
and Secretary would also have gone in their usual channel, which
otherwise were transferred to such persons as had no just right, nor even
the smallest pretensions to them. But Rhett's enmity to the Governor, and
his prospects of profit from the prevailing party, induced him to neglect
the duties of his station. He had already joined, or at least seemed to
join, the revolutioners, being determined to retain at all events his
places of profit and emolument. The countenance and encouragement he had
given the people, they considered as a justification of their measures;
and though they had passed a vote, that no person who held an office
under the Proprietors should be permitted to continue in it, yet, as they
found Rhett so obsequious to their views, they thought proper to dispense
with it for an acquisition of such importance. They not only allowed him
to continue in his former offices, but also made him Lieutenant-General
of the militia, and Overseer to the works in repairing the
fortifications. So that, instead of giving assistance to Governor Johnson
for supporting the interest and power of the proprietary government, he
shamefully deserted him, betrayed his trust, and joined the
revolutioners.
[Sidenote] And preserves the confidence of the Proprietors.
Rhett, nevertheless, to the astonishment of every one, still maintained
his credit with the Proprietors, and had the art to persuade them he had
done done all out of zeal for the service of his majesty, and for the
good of the province. He wrote them two letters, giving them an account
of all that had happened, and assuring them he had accepted of a
commission from Mr. Moore, in order the more effectually to promote their
interest, by giving him an opportunity of conversing freely with the
people, and persuading them to return to their duty and allegiance. He
represented the inflexibility of Governor Johnson as one source of the
discontent and defection of the people, and utterly inconsistent with
good policy. He told them, that there are times when the minds of men
will not bend to authority, when the rigid exertion of power defeats its
end, and when lenity becomes a more efficacious remedy against
disaffection to government than severity. The Proprietors believed him,
and such was their confidence in his honour and fidelity, that they sent
him a letter expressing their approbation of his conduct, in the
following words: "We have received your letters, wherein you give us a
melancholy account of the present confused government of our province,
and of the great consternation of the inhabitants, from the dreadful
apprehension they have of a foreign invasion. But since they have been so
unfortunate as to bring themselves into so much confusion, we are not a
little pleased that your zeal for the service of his majesty, and the
safety of the province, has engaged you to take upon you the command of
the forces; for as, by your command of the said forces, you formerly
defended and saved the country from the insults of an invading enemy, so
we doubt not but you will again use your utmost skill to free your same
fellow-subjects from the imminent danger they at present labour under.
And since you have taken upon you the same command, we earnestly intreat
you, that, with the greatest application, you will continue your
endeavours in that command for the safety and preservation of the
province, until you shall hear farther from us: We wish you all
imaginable success, and bid you heartily farewell."
[Sidenote] Further attempts of the Governor to recal the people.
In the mean time Governor Johnson received certain advice, that the
Spaniards had sailed from the Havanna with a fleet of fourteen ships, and
a force consisting of twelve hundred men, against South Carolina and
Providence Island, and it was uncertain which of the two they would first
attack. At this time of imminent danger the Governor again attempted to
recal the people to subjection and obedience, and sent the following
letter to the Convention. "I flatter myself that the invasion which at
present threatens the province, has awakened a thought in you of the
necessity there is of the forces acting under lawful authority and
commission. The inconveniences and confusion of not admitting it are so
obvious, I need not mention them. I have hitherto borne the indignities
put upon me, and the loss I sustain by being out of my government, with
as much temper as the nature of the thing will admit of, till such time
as his majesty's pleasure shall be known. But to have another man to
assume my authority when danger threatens the province and action is
expected, and to be deprived of the opportunity of serving the public in
my station, as I am indispensibly bound to do upon such occasions, I
being answerable to the King for any neglect regarding the welfare of the
province, is what I cannot patiently endure. I am willing with my council
to consult and advise with you for the good and safety of the country in
this time of imminent danger, as a Convention of the people, as you first
called yourselves; nor do I see, in this present juncture of affairs, any
occasion for formality in our proceedings, or that I explain by whose
authority I act in grants of commissions or other public orders. Mr.
Moore's commission you have given him does not pretend to say that it is
derived from the King. You have already confessed I am invested with some
authority of which you approve, and that is enough. What I insist upon
is, to be allowed to act as Governor, because I have been approved of by
the King. I do not apprehend there is any necessity of doing any thing at
present but what relates to military affairs; and I do believe people
will be better satisfied, more ready to advance necessaries, to trust the
public, and obey my commands, by virtue of the King's authority which I
have, if left to their liberty, than the orders of any other person in
the province; and in a short time we may expect his majesty's pleasure
will be known. If my reasons have not the weight with you I expect they
should, you ought at least to put it to the vote, that, if a majority
should be against it, I may have that to justify myself to the King and
the world, who ought to be satisfied that I have done all I can for
serving the country, and discharging the duty of my station."
By this letter Governor Johnson thought to alarm and terrify the people,
by representing the dangerous consequences of military operations under
unlawful authority; but they remained firm to their purpose, and the
Convention, without taking any notice of it, continued to do business
with Mr. Moore as they had begun. Sir Hovenden Walker, the President of
their Council, being disgusted at their proceedings, left them and
retired to his plantation; but they chose Richard Allein in his stead,
and proceeded to concert measures for the public defence. They pronounced
the martial law, and ordered all the inhabitants of the province to
Charlestown for its defence. All the officers of the militia accepted
their commissions from Mr. Moore, and engaged to stand by him against all
foreign enemies. For two weeks the Provincial militia were kept under
arms at Charlestown every day expecting the appearance of the Spanish
fleet; which they were informed had sailed from the Havanna. Happily for
them, to acquire possession of both sides of the Gulf of Florida, and
secure the navigation through this stream, the Spaniards had resolved
first to attack Providence, and then to proceed against Carolina: but by
the conduct and courage of Captain Rogers, at that time Governor of the
island, they met with a sharp repulse at Providence, and soon after they
lost the greatest part of their fleet in a storm.
[Sidenote] The Governor's last attempt to recover his authority.
The Spanish expedition having thus proved abortive, the Flamborough man
of war, commanded by Captain Hildesley, returned to her station at
Charlestown from Providence island. About the same time his Majesty's
ship Phoenix, commanded by Captain Pierce, arrived from a cruize. The
commanders of these two men of war were carressed by both parties, but
they publicly declared for Governor Johnson as the magistrate invested
with legal authority. Charles Hart, secretary of the province, by orders
from the Governor and Council, had secreted and secured the public
records, so that the revolutioners could not obtain possession of them.
The clergy refused to marry without a licence from Governor Johnson, as
the only legal Ordinary of the province. These inconveniencies having
begun to operate, rendered several of the people more cool in their
affection for the popular government. At this juncture Governor Johnson,
with the assistance of the captain and crews of the ships of war, made
his last and boldest effort for subjecting the colonists to his
authority. He brought up the ships of war in front of Charlestown, and
threatened their capital with immediate destruction, if they any longer
refused obedience to legal authority. But the people having both arms in
their hands for defence, and forts in their possession to which they
could retreat, bid defiance to his power, and shewed him plainly that
they were neither to be won by flattery, nor terrified by threats, to
submit their necks any more to the proprietary yoke; and therefore for
the future Governor Johnson dropt all thoughts of making any more
attempts for that purpose.
[Sidenote] Injurious suspicions with regard to the conduct of the
Governor.
Nicholas Trott now observing the frame of the proprietary government
totally unhinged, and a rival Judge planted in his room, resolved to
return to England. But before he embarked he wrote to Governor Johnson,
acquainting him with his resolution, and promising, if he would
contribute towards defraying his expences, he would give the Proprietors
each a favourable account of his conduct and services, as would ensure to
him the continuance of his office. But the Governor being no stranger to
the character of the Judge, and being convinced that both the revolt of
the people, and subversion of government, were in a great measure to be
ascribed his pernicious policy and secret correspondence with his friend
the secretary to the Proprietors, disdainfully rejected his interest and
friendship. To which disrespect for the Judge, however, Mr. Johnson
attributed many of the injurious suspicions the Proprietors entertained
of his honour and fidelity, and that shameful neglect with which he was
afterwards treated by them. They had wrote him no answer to his letters
respecting the violent steps the people had taken, or ever informed him
whether his conduct during those popular commotions had met with their
approbation or disapprobation. Some of them even alledged that he was
privy to the designs of the malecontents; and gave them too much
countenance and indulgence. But every principle of honour, duty and
interest forbade such a connivance, and the upright and respectable
character he maintained, rendered such suspicions groundless and
unmerited. That he should join with a disaffected multitude in schemes of
opposition, to divest himself of his government, was a thing scarcely to
be supposed. That he should first wink at the subversion of the
proprietary government, and afterwards refuse to govern them for the
King, when solicited so to do by the representatives and whole body of
the people, was a thing very improbable. When he arrived in the province,
he found the inhabitants discontented and unhappy; but little suspected
then they had any views of renouncing their allegiance to the
Proprietors; and the various arts the people used to conceal from him
their designs, were proofs they had every thing to fear, and nothing to
hope for from their Governor. The many attempts made to defeat their
measures were also evidences of his fidelity to their Lordships, and
firmness in support of their government. He indeed differed with Trott
and Rhett, the two favourites of the Proprietors, and perhaps to this,
among other causes, the neglect with which he was treated by their
Lordships may be ascribed. For as they discovered on all occasions such a
partial regard to these men, and placed such unlimited confidence in
them, the person who differed from them, however fair and unblemished his
character, however firmly attached to their interest, was not likely, in
such circumstances of trouble and difficulty, to escape all injurious
suspicions. We have blamed the Proprietors in many respects with regard
to the management of their colony, and we cannot think them worthy of
praise in withdrawing their countenance and friendship from a Governor,
who manifested such zeal and resolution in support of their authority.
Being equally subject to the laws of their country with the Carolineans
over whom they ruled, their power was likely to be feeble, even when
exercised in the most prudent and gentle manner; but more especially when
executed with rigour. British subjects in general abhor oppression, even
from a supreme, and it could scarcely be expected they would tamely
submit to it, from a subordinate jurisdiction.
[Sidenote] Francis Nicolson appointed Governor by the regency.
In the mean time the agent for Carolina had procured a hearing from the
Lords of the regency and council in England, the King being at that time
in Hanover; who gave it as their opinion, that the Proprietors had
forfeited their charter, and ordered the Attorney-general to take out a
scire facias against it. In consequence of which, in September 1720,
they appointed General Francis Nicolson provisional Governor of the
province, with a commission from the King. Nicolson was a man possessed
of all the honourable principles of a good soldier. He was generous,
bold, and steady. He had been Governor of several different colonies, and
it was thought his knowledge and experience in provincial affairs would
render him well qualified for the important trust. He knew his duty as
commander and chief, and was afraid of neither dangers nor difficulties
in the execution of it; a warm friend to the King, and deeply concerned
for the prosperity of his country: scarcely could they have pitched upon
a man more fit to govern the province in such a confused and miserable
state.
[Sidenote] General reflections on the whole transactions.
Upon a review of those past transactions, and the various causes which
concurred for bringing about this event, which I have narrated the more
fully and circumstantially on account of the interesting nature and
important consequences of the change, we may observe, that although the
conduct of the Carolineans during this violent struggle cannot, strictly
speaking, be deemed legal, equitable and just, yet necessity, which has
no law, and self-preservation, the most powerful principle of action,
both strongly plead in their vindication. When the Proprietors first
applied to the King for a grant of this large territory, at that time
occupied by heathens, it is said they were excited thereto by their zeal
for the propagation of the Christian faith; yet it is now plain that they
have either used no endeavours for that purpose, or they have been
utterly ineffectual. The Society for the propagation of the Gospel have
indeed employed and supported missionaries for the conversion of those
heathens; yet it is a lamentable truth, that their best endeavours have
been vastly inadequate to the extent of the work, and therefore their
success has proved small and inconsiderable. The Proprietors by their
charter were empowered to build churches and chapels within the bounds of
their province for divine worship; yet they have left the burden of this
work entirely to the inhabitants, who have received no encouragement nor
assistance, except from the incorporated Society, towards its
accomplishment. They were impowered by their charter to erect castles and
forts for the protection and defence of the colony; but all those the
people have also been obliged to raise at their own expence. By the
charter his Majesty saved to himself, his heirs and successors, the
sovereign dominion of the province, and the faith and allegiance of his
subjects, the inhabitants of it, declaring them to be the liege people of
the crown of England, yet the Proprietors have assumed to themselves a
despotic authority in repealing and abrogating, by themselves alone, laws
made by the Assembly, and ratified by their deputies in Carolina. They
not only tyrannized over the poor colony, but also employed and protected
officers ten times more tyrannical than themselves. When the whole
legislature complained of Chief Justice Trott, they paid no regard to
their complaints, and absolutely refused to circumscribe his
jurisdiction, or remove him from the bench. In times of imminent danger,
when the colony applied to them for assistance, they were either unable
or unwilling to bear the expence of its protection. When the Assembly
allotted the Indian lands obtained by conquest for the encouragement of
settlers, to strengthen the Provincial frontiers, the Proprietors claimed
the sole right of disposing of those lands, and frustrated their plans of
public security. When the trade of the province was infested and ruined
by pirates, they could neither obtain a force sufficient to extirpate
them, nor a confirmation of their laws made for defraying the expense of
such expeditions as the colony fitted out against them. The current money
of the province, stamped for answering its public exigences, was, at the
request of the merchants of London, cried down and cancelled. In short
the people saw no end of troubles and dangers. Sad exigence dictated the
necessity of some remedy against their political evils. No remedy under
heaven appeared to them so proper and effectual as that of throwing
themselves under the immediate care and protection of the crown of Great
Britain. For under the excellent constitution of England, where the
supreme power was both able and willing to protect them against every
enemy, they evidently perceived they could only live happy and secure;
therefore, sick of the feeble proprietary government, the people, after
many violent struggles and convulsions, by one bold and irregular effort
entirely shook off the yoke, and a revolution, fruitful of happy
consequences, took place, to their great relief and unspeakable
satisfaction.
The Proprietors, after long trial and frequent amendments, now finding
that fine-spun system, by which they flattered themselves with having
avoided the inconveniencies and supplied the defects of the English form
of government, useless and impracticable, were at length convinced, that
it was a much easier thing to find fault with the constitution of Old
England than to mend it. They now perceived that all forms of government
must be made for men as they really are, and not for them as they ought
to be, and that it was impossible for the wisest legislators upon earth
to mould men into any form they pleased by laws and regulations. From the
first settlement of this colony, one perpetual struggle has subsisted
between the Proprietors and possessors of the province. A division
somewhat similar to that of the court and country parties in England,
early sprung up in the settlement, and kept it in continual ferment and
agitation. The exertions of proprietary power and prerogative, the people
considered as inconsistent with their rights and privileges; hence they
became turbulent and seditious, and were seldom satisfied with their
governors in their public capacity, however esteemed and beloved as
private men. The hands of government were always weak, and the
instructions and regulations received from England were, for the most
part, ill adapted to the local circumstances of the people, and the first
state of colonization. The palatines in England and Germany, whose
jurisdiction and authority have been established by time, and whose
governments have acquired firmness and stability, would probably have
deemed this usurpation illegal and rebellious, and punished the authors
and abettors of it. No doubt a firm yet moderate opposition to the
measures of government in defence of the rights and liberties of the
people, differs as much from usurpation, as a wholesome remedy to a
disordered constitution differs from deadly poison. But the great
distance, dangerous circumstances, and complicated hardships of the
Carolineans; the negligence, bad policy and tyranny of the Proprietors;
all concurred to render their usurpation not only excuseable, but
absolutely necessary. The Revolution in England had exemplified and
confirmed the doctrine of resistance, when the executive magistrate
presumes to violate the fundamental laws, and subvert the constitution of
the nation. The Proprietors had done acts, which the Lords in regency had
declared amounted to a forfeiture of their charter, and had ordered a
writ of scire facias to be taken out, for repealing their patent and
rendering the grant void and null. By which means all political
connection between the Proprietors and people of Carolina was now
entirely dissolved, and a new relation formed, the King having taken the
province under his immediate care and protection, and made it a part of
the British empire.
[Sidenote] Nicolson's arrival occasions uncommon joy.
About the beginning of the year 1721, Francis Nicolson arrived in
Carolina, and having the sanction of the British government for his
appointment, Mr. Johnson acquiesced in his authority, and made no more
efforts in behalf of the Lords Proprietors. The people in general
congratulated one another on the happy change, and received General
Nicolson with the most uncommon and extravagant demonstrations of joy.
The voice of murmur and discontent, together with the fears of danger and
oppression, were now banished from the province. Happy under the royal
care, they resolved to forget all former animosities and divisions, and
bury all past offences in eternal oblivion. The only contention now
remaining was, who should be the most faithful subjects of his majesty,
and the most zealous in promoting the union, peace and prosperity of the
settlement. From a confused and distracted state they now looked upon
themselves as happily delivered, and anticipated in imagination all the
blessings of freedom and security, followed by industry and plenty,
approaching, and as it were ready to diffuse their happy influence over
the country.
[Sidenote] The people recognize King George as their lawful
sovereign.
Soon after his arrival, Governor Nicholson issued writs for the election
of a new assembly, who now entered with great temper and cheerfulness on
the regulation of provincial affairs. They chose James Moore, their late
popular governor, speaker of the house, of whom the Governor declared his
entire approbation. The first business they engaged in, was to make an
act, declaring they recognized and acknowledged his sacred majesty King
George to be the rightful Sovereign of Great Britain, France, and
Ireland, and of all the dominions and provinces belonging to the empire,
and in particular his undoubted right to the province of Carolina. All
actions and suits at law commenced on account of the late administration
of James Moore by particular persons, creating misunderstandings and
animosities among the people, were declared void and null, till his
majesty's pleasure touching such administration shall be known; but all
judicial proceedings under the same administration were confirmed; which
acts were at this time judged proper and necessary for establishing
harmony and tranquillity among the inhabitants. The two parties formerly
subsisting, the one composed of a few adherents to Governor Johnson, and
the other of the followers of James Moore, Nicolson had the good fortune
to unite, and, by the wisdom and equity of his administration, to render
both equally happy and contented under the royal government and
protection.
[Sidenote] The Governor regulates Indian affairs.
Before Governor Nicolson left England, a suspension of arms between Great
Britain and Spain had been published, and by the treaty of peace which
afterwards took place, it was stipulated and agreed, that all subjects
and Indians living under their different jurisdictions should cease from
acts of hostility. Orders were sent out to Don Antonio Navidez, governor
of Florida, to forbear molesting the Carolineans; and the British
governor had also instructions to cultivate the friendship and good-will
of the Spanish subjects and Indians of Florida. In consequence of which,
Governor Nicolson, who was no stranger to the manners of savages,
resolved to apply himself with great zeal and spirit to the regulation of
Indian affairs, and to enter into treaties of friendship and alliance
with the different tribes around the settlement. As most of their
troubles from Indians had been occasioned by Europeans taking possession
of lands claimed by them, without their permission or consent; to prevent
quarrels and mischief, the first object that demanded his attention was
to fix the limits and extent of their territories, and then to forbid
encroachments on their hunting grounds. With these views he sent a
message to the Cherokees, (a powerful nation, computed at this time to
consist of no less than six thousand bowmen), acquainting them, that he
had presents to make them, and would meet them at the borders of their
territories, to hold a general congress with them, in order to treat of
mutual friendship and commerce. They rejoiced at a proposal which plainly
implied they were a free and respectable people, and immediately the
chiefs of thirty-seven different towns set out to meet him.
At this congress the Governor having made them several presents, and
smoked the pipe of peace with them, marked the boundaries of the lands
between them and the English settlers. He regulated all weights and
measures, that justice might be done them in the way of traffic. He
appointed an agent to superintend their affairs, and, to unite them under
a common head, proposed to nominate one warrior as commander and chief of
the whole nation, before whom all complaints were to be laid, and who was
to acquaint the Governor with every injury done them. With the consent of
all present Wrosetasatow was declared chief warrior of the Cherokee
nation, with full power to punish all guilty of depredations and murders,
and to obtain satisfaction for every injury done to Indians from the
British settlers. After which the Indians returned to their towns, highly
pleased with their generous brother and new ally. The Governor then
proceeded to conclude another treaty of commerce and peace with the
Creeks, who were also at that time a numerous and formidable nation. He
likewise appointed an agent to reside among them, whose business was to
regulate Indian affairs in a friendly and equitable manner, and fixed on
Savanna river as the boundary of their hunting lands, beyond which no
settlements were to extend. Such negotiations were in many respects
useful and important; for when Europeans take possession of lands
contrary to the inclination, and without the permission and consent of
these free and independent nations who claimed them as their property, it
would puzzle a wise man to vindicate their tenure on any principles of
equity and justice.
[Sidenote] And promotes religious institutions.
Having now secured the province as well as possible against external
foes, Governor Nicolson turned his attention next to internal
regulations, particularly to such as respected the religious instruction
of the people. For though he mas bred a soldier, and was profane,
passionate and headstrong himself, yet he was not insensible of the great
advantage of religion to society, and contributed not a little to its
interest in Carolina, both by his public influence and private
generosity. The number of inhabitants in each parish being considerably
increased, it was found necessary to enlarge several churches for their
accommodation. The inhabitants of Sr. Paul's parish, many of whom having
had their houses burnt, and otherwise suffered heavy losses in the
Yamassee war, were obliged to apply to the public for assistance in this
laudable design. The parish of St. George was separated and taken out of
that of St. Andrews by an act of assembly, and a new church was built at
a small village called Dorchester, by public allowance and private
contributions. The inhabitants in and about Georgetown, who had long
lived without the benefit of public worship, insomuch that the appearance
of religion among them had almost entirely vanished, claimed particular
attention. To erect a church in this quarter the Governor proposed a
private subscription, and set the example by largely contributing towards
the public institution. He made application to the Society in England for
propagating the Gospel, and they supplied the province with clergymen,
giving each of them an yearly allowance over and above the provincial
salary. As no public schools had yet been instituted for the instruction
of youth in the principles of virtue and religion, the Governor urged
also the usefulness and necessity of such provincial establishments. It
was alledged, that the want of early instruction was one of the chief
sources of impiety and immorality, and if they continued any longer to
neglect the rising generation, piety and Christianity would insensibly
decay, and they would soon have a race of white people in the country
equally ignorant as the brown Indians. Animated by the example, and
assisted by the generosity of their Governor, the colonials therefore in
good earnest engaged in providing seminaries for the religious education
of youth. Besides general contributions, several particular legacies were
also left for this purpose. Mr. Whitmarsh left five hundred pounds to St.
Paul's parish, for founding a free school in it. Mr. Ludlam, the
Society's missionary at Goose-creek, bequeathed all his estate, which was
computed to amount to two thousand pounds Carolina currency, for the same
purpose. Richard Beresfords, by his will, bequeathed the annual profits
of his estate to be paid to the vestry of St. Thomas parish in trust,
until his son, then eight years of age, should arrive at the age of
twenty-one years; directing them to apply one third of the yearly profits
of this estate for the support of one or more schoolmasters, who should
teach reading, accounts, mathematics, and other liberal learning; and the
other two thirds for the support maintenance, and education of the poor
of that parish. The vestry accordingly received from this estate six
thousand five hundred pounds Carolina money, for promoting those pious
and charitable purposes. The Society in England sent out teachers, money
and books, and assisted greatly, by their zeal and bounty, towards the
religious instruction of the people. So much must be said for the honour
of Governor Nicolson, whose liberality was conspicuously displayed in
behalf of those religious institutions, and whose example excited that
spirit of emulation among the people for promoting them. In Charlestown,
and in several other parishes in the country, public schools were built
and endowed during his government, and every friend to knowledge and
virtue, every well-wisher to posterity, seemed to promise themselves the
greatest advantages from such wise and public-spirited designs.
Though religion, rightly understood and generally practiced, is
productive of the most salutary and beneficial consequences to society,
yet nothing has a more pernicious influence than mistaken notions of it.
Of all kinds of delusion, religious enthusiasm is the most deplorable,
and has often been attended with the most melancholy and dismal effects.
By abusing the best things, they may be made the innocent occasion of the
worst. Many calamities have happened in the world, even on account of
religion, yet the fatal consequences ought not to be charged to that
divine institution which naturally breathes benevolence, gentleness and
peace, but to the ignorance and corruption of human nature, which pervert
and abuse it. Enthusiasts generally agree in two articles: they disclaim
the power and authority of the civil magistrate, and mistake their own
wild fancies, the fruits of a distempered brain, for the impulses of the
Divine Spirit, both of which are big with the most fatal consequences to
society. The desperate fanatic Venner, in the reign of Charles the
second, was not more transported with religious phrenzy and madness, than
an unfortunate family in Carolina at this time happened to be. For the
credit of the province, it were to be wished that such an incident lay
buried in eternal oblivion; but history claims the privilege of
exhibiting examples of different kinds for public instruction. If good
examples serve as a spur to stimulate men to virtue and religion, bad
ones, on the contrary, may also serve, like beacons upon a rock, to warn
men of danger and delusion.
[Sidenote] The enthusiasm of the family of Dutartre.
"The family of Dutartres consisting of four sons and four daughters, were
descendents of French refugees, who came into Carolina after the
revocation of the edict of Nantz. They lived in Orange-quarter and though
in low circumstances, always maintained an honest character, and were
esteemed by their neighbours persons of blameless and irreproachable
lives. But at this time a strolling Moravian preacher happening to come
to that quarter where they lived, insinuated himself into their family,
and partly by conversation, and partly by the writings of Jacob Behman,
which he put into their hands, filled their heads with wild and fantastic
ideas. Unhappily for the poor family those strange notions gained ground
on them, insomuch that in one year they began to withdraw themselves from
the ordinances of public worship, and all conversation with the world
around them, and strongly to imagine they were the only family upon earth
who had the knowledge of the true God, and whom he vouchsafed to
instruct, either by the immediate impulses of his Spirit, or by signs and
tokens from heaven. At length it came to open visions and revelations.
God raised up a prophet among them, like unto Moses, to whom he taught
them to hearken. This prophet was Peter Rombert, who had married the
eldest daughter of the family when a widow. To this man the Author and
Governor of the world deigned to reveal, in the plainest manner, that the
wickedness of man was again so great in the world, that as in the days of
Noah he was determined to destroy all men from off the face of it, except
one family whom he would save for raising up a godly seed upon earth.
This revelation Peter Rombert was sure of, and felt it as plain as the
wind blowing on his body, and the rest of the family, with equal
confidence and presumption, firmly believed it.
"A few days after this, God was pleased to reveal himself a second time
to the prophet, saying, Put away the woman whom thou hast for thy wife,
and when I have destroyed this wicked generation, I will raise up her
first husband from the dead, and they shall be man and wife as before,
and go thou and take to wife her youngest sister, who is a virgin, so
shall the chosen family be restored entire, and the holy seed preserved
pure and undefiled in it. At first the father, when he heard of this
revelation, was staggered at so extraordinary a command from heaven; but
the prophet assured him that God would give him a sign, which accordingly
happened; upon which the old man took his youngest daughter by the hand,
and gave her to the wise prophet immediately for his wife, who without
further ceremony took the damsel and deflowered her. Thus for some time
they continued in acts of incest and adultery, until that period which
made the fatal discovery, and introduced the bloody scene of blind
fanaticism and madness.
"Those deluded wretches were so far possessed with the false conceit of
their own righteousness and holiness, and of the horrid wickedness of all
others, that they refused obedience to the civil magistrate, and all laws
and ordinances of men. Upon pretence that God commanded them to bear no
arms, they not only refused to comply with the militia law, but also the
law for repairing the high-ways. After long forbearance, Mr. Simmons, a
worthy magistrate, and the officer of the militia in that quarter, found
it necessary to issue his warrants for levying the penalty of the laws
upon them. But by this time Judith Dutartre, the wife the prophet
obtained by revelation, proving with child, another warrant was issued
for bringing her before the Justice to be examined, and bound over to the
general sessions, in consequence of a law of the province, framed for
preventing bastardy. The constable having received his warrants, and
being jealous of meeting with no good usage in the execution of his
office, prevailed on two or three of his neighbours to go along with him.
The family observing the constable coming, and being apprized of his
errand, consulted their prophet, who soon told them that God commanded
them to arm and defend themselves against persecution, and their
substance against the robberies of ungodly men; assuring them at the same
time that no weapon formed against them should prosper. Accordingly they
did so, and laying hold of their arms, fired on the constable and his
followers, and drove them out of their plantation. Such behaviour was not
to be tolerated, and therefore Captain Simmons gathered a party of
militia, and went to protect the constable in the execution of his
office. When the deluded family saw the Justice and his party
approaching, they shut themselves up in their house, and firing from it
like furies, shot Captain Simmons dead on the spot, and wounded several
of his party. The militia returned the fire, killed one woman within the
house, and afterwards forcibly entering it, took the rest prisoners, six
in number, and brought them to Charlestown.
[Sidenote] Their trial and condemnation.
"At the Court of general sessions, held in September 1724, three of them
were brought to trial, found guilty and condemned. Alas! miserable
creatures, what amazing infatuation possessed them! They pretended they
had the Spirit of God leading them to all truth, they knew it and felt
it: but this spirit, instead of influencing them to obedience, purity and
peace, commanded them to commit rebellion, incest, and murder. What is
still more astonishing, the principal persons among them, I mean the
prophet, the father of the family, and Michel Boneau, never were
convinced of their delusion, but persisted in it until their last breath.
During their trial they appeared altogether unconcerned and secure,
affirming that God was on their side, and therefore they feared not what
man could do unto them. They freely told the incestuous story in open
court in all its circumstances and aggravations, with a good countenance,
and very readily confessed the facts respecting their rebellion and
murder, with which they stood charged, but pled their authority from God
in vindication of themselves, and insisted they had done nothing in
either case but by his express command.
"As it is commonly the duty of clergymen to visit persons under sentence
of death, both to convince them of their error and danger, and prepare
them for death by bringing them to a penitent disposition; Alexander
Garden, the episcopal minister of Charlestown, to whom we are indebted
for this account, attended those condemned persons with great diligence
and concern. What they had affirmed in the court of justice, they
repeated and confessed to him in like manner in the prison. When he began
to reason with them and to explain the heinous nature of their crimes,
they treated him with disdain. Their motto was, Answer him not a word;
who is he that should presume to teach them, who had the Spirit of God
speaking inwardly to their souls. In all they had done, they said they
had obeyed the voice of God, and were now about to suffer martyrdom for
his religion. But God had assured them, that he would either work a
deliverance for them, or raise them up from the dead on the third day.
These things the three men continued confidently to believe, and
notwithstanding all the means used to convince them of their mistake,
persisted in the same belief until the moment they expired. At their
execution they told the spectators with seeming triumph, they should soon
see them again, for they were certain they should rise from the dead on
the third day. With respect to the other three, the daughter Judith being
with child, was not tried, and the two sons, David and John Dutartre,
about eighteen and twenty years of age, having been also tried and
condemned, continued sullen and reserved, in hopes of seeing those that
were executed rise from the dead, but being disappointed, they became, or
at least seemed to become, sensible of their error, and were both
pardoned. Yet not long afterwards one of them relapsed into the same
snare, and murdered an innocent person, without either provocation or
previous quarrel, and for no other reason, as he confessed, but that God
had commanded him so to do. Being a second time brought to trial, he was
found guilty of murder and condemned. Mr. Garden attended him again under
the second sentence, and acknowledged, with great appearance of success.
No man could appear more deeply sensible of his error and delusion, or
could die a more sincere and hearty penitent on account of his horrid
crimes. With great attention he listened to Mr. Garden, while he
explained to him the terms of pardon and salvation proposed in the
Gospel, and seemed to die in the humble hopes of mercy, through the
all-sufficient merits of a Redeemer."
Thus ended that tragical scene of fanaticism, in which seven persons lost
their lives, one was killed, two were murdered, and four executed for the
murders. A signal and melancholy instance of the weakness and frailty of
human nature, and to what giddy heights of extravagance and madness, an
inflamed imagination will carry unfortunate mortals. It is hard for the
wisdom of men to conceive a remedy for a distemper such as religious
infatuation. Severity and persecution commonly add strength to the
contagion, and render it more furious. Indulgence and lenity might
perhaps prove more efficacious, as the swellings of phrenzy would in time
subside, in proportion as they exceed the bounds of nature. Had they
given this unhappy family time for cool thought and reflection, it is not
improbable that those clouds of delusion which overspread their minds
might have dispersed, and they might have returned to a sense of their
frailty and error. But it belongs to the civil power to prohibit wild
enthusiasts and mad visionaries from spreading doctrines among vulgar
people, destructive of civil order and public peace. The majority of
mankind every where are ignorant and credulous, and therefore are objects
of compassion, and ought to be protected against the baleful influence of
such men as seduce them from their duty and subjection to legal
authority, by poisoning their minds with notions hurtful to themselves
and others.
[Sidenote] Progress of the colony.
About this time the number of white inhabitants, including men, women,
and children, was computed to amount to fourteen thousand, an increase,
in the space of fifty-four years after the arrival of first colony, very
small and inconsiderable, and occasioned, no doubt, both by the
unhealthiness of the climate and by the discouragements and troubles
which prevailed during the proprietary government. The province now
furnished the inhabitants with provisions in abundance, and exported what
it could spare to the West Indies. The white inhabitants lived frugally,
as luxury had not yet crept in among them, and, except a little rum and
sugar, tea and coffee, were contented with what their plantations
afforded. Maize and Indian pease seemed congenial with the soil and
climate: and as they had been cultivated by the savages for provision,
they were found also to be excellent food for European labourers, and
more wholesome and nourishing than rice. Maize delights not to grow on a
watry soil, but on dry and loose land, such as the higher spots on the
maritime parts of the province. As the use of the plow could not be
introduced until the lands were cleared of the roots of trees, to prepare
a field for planting it great labour was requisite. They commonly made
ridges with the hoe about five feet asunder, upon the top of which they
planted the seed three inches deep. One gallon of maize will sow an acre,
which, with skilful management on good lands, will yield in favourable
seasons from thirty to fifty bushels. While it grows it requires to be
frequently weeded, and the earth carefully thrown up about the root of
the plant, to facilitate its progress. As it rises high, at the root of
it the Indian pease are usually planted, which climb up its stalk like a
vine, so that the lands yield a double crop. From the stem of maize large
blades spring, which the planters carefully gather, and which, when
properly cured, the horses or cattle will prefer before the finest hay.
These two articles, maize, Indian pease, together with the Spanish
potatoes, are the chief subsistence of their slaves, consisting chiefly
of negroes and a few Indians, and who, at this time, men, women, and
children, amounted to between sixteen and twenty thousand.
In the year 1724, four hundred and thirty-nine slaves, as also British
goods and manufactures of different kinds, to the amount of between fifty
and sixty thousand pounds sterling, were imported into the province. In
exchange for these slaves and commodities, eighteen thousand barrels of
rice, and about fifty-two thousand barrels of pitch, tar and turpentine,
together with deer-skins, furs, and raw silk, were exported to England.
This trade was carried on almost entirely in British ships, and employed
a number of hands. The Carolineans also traded to the West Indies, and
several small ships and sloops were employed in carrying provisions,
lumber, slaves and naval stores to these islands, which they bartered for
sugar, rum, molasses, coffee, cotton, and Spanish gold and silver. To New
England, New York, and Pennsylvania, they sent some rice, hides,
deer-skins, tar and pitch, which they exchanged for flour, salt fish,
fruit, beer, and cyder.
All gold and silver that came into the province from the West Indies they
commonly sent into Britain, to answer the demands against them; and bills
of credit continued increasing and circulating, for the convenience of
domestic commerce. Forty thousand pounds were issued during Nicolson's
government, over and above former emissions, by which increase the
exchange with Britain, and the price of produce arose in one year from
five to six hundred per cent. This has never failed to be the
consequence of issuing large quantities of paper money in Carolina: for
whenever this currency was permitted to increase beyond what was
necessary for the purposes of commerce, it sunk in value, and
proportionably increased the nominal price of provisions and labour; and
of course should it by any accident be diminished, the price would again
fall. Besides this, when the imports happened to exceed the exports, the
great demand for bills of exchange raised the price of them, and helped
to increase the depreciation of the current money of the province.
[Sidenote] The adventure of Captain Beale.
Among other traders, at this time Othneal Beale commanded a ship in the
Carolina trade; and while sailing from Charlestown to London, not being
provided with a Mediterranean pass, he was taken by an Algerine rover,
who determined to carry him to Barbary, and for this purpose took the
English sailors on board, and manned Captain Beale's ship with Algerines,
giving them orders to follow him to the Mediterranean sea. Soon after, a
storm arising in the night separated the two ships, and Captain Beale
being the only person on board that understood navigation, resolved to
avail himself of the advantage, and accordingly, instead of sailing for
Africa, steered directly for England. Upon his arrival the Algerine
sailors were surprized, but not at all displeased; they even confessed to
their ambassador the kind usage they had received; upon which Captain
Beale had all he lost returned by agreement, together with thanks for his
humanity. This bold adventure likewise procured the captain the honour of
an introduction to the King, who expressed a desire of seeing him, and
ordered Lord Carteret, then Secretary of state, to make him a handsome
present on the occasion. This memorable anecdote being published, served
to mark him for a man of address and courage in Carolina, where he
afterwards took up his residence, and in time arrived at the chief
command of the militia, was made a member of his majesty's council, and
died at the age of eighty-five, a rare instance of longevity in that
country.
[Sidenote] Arthur Middleton president.
In the year 1725, Governor Nicolson having obtained leave from his
majesty, returned to Great Britain, and the government devolved on Arthur
Middleton, president of the council. Mr. Middleton, though of a reserved
and mercenary disposition, was a sensible man, and by no means ill
qualified for governing the province. But having succeeded a man who
liberally spent all his salary and perquisites of office in promoting the
public good, he was neither so much distinguished nor respected among the
colonists. Being possessed of a moderate fortune, his chief study was to
improve it, and he seemed to aspire after the character of a rich man in
private life, rather than that of a popular governor and generous
benefactor. As he had taken an active part against the proprietary
government, he was not insensible of the advantages now gained from the
countenance given them by the crown, and was equally careful to promote
loyalty to the King as the freedom and safety of his fellow-subjects.
[Sidenote] A dispute about the boundaries between Carolina and
Florida.
At this time the boundaries between the provinces of Carolina and Florida
were neither clearly marked nor well understood, as they had never been
settled by any public agreement or treaty between England and Spain. To
prevent negroes escaping to the Spanish territories, and overawe the
Indians under the Spanish juridiction, the Carolineans had built a fort
on the forks of the river Alatamaha, and supported a small garrison in
it. This gave umbrage to the governor of Augustine, who complained of it
to the court of Madrid, representing it as an encroachment on the
dominions of Spain, and intended to seduce the Indians from their
allegiance to his Catholic Majesty. The Spanish ambassador at London
lodged the complaint before the court of Britain, and demanded that
orders be sent out to Carolina immediately to demolish the fort. To
prevent any interruption of the good correspondence then subsisting
between the two courts, it was agreed to send orders to both governors in
America to meet in an amicable manner, and settle the respective
boundaries between the British and Spanish dominions in that quarter.
Accordingly soon after Don Francisco Menandez, and Don Joseph de Rabiero,
came to Charlestown, to hold a conference with the president and council
of Carolina about this matter. At their meeting, Mr. Middleton shewed
those deputies, that this fort was built within the bounds of the charter
granted to the Proprietors, and that the pretensions of Spain to such
lands were vain and groundless. At the same time he told them, that the
fort on the river Alatamaha was erected for defending themselves and
their property against the depredations of Indians living under the
jurisdiction of Spain. Then he begged to know from them their reasons for
protecting felons and debtors that fled from Carolina to them, and for
encouraging negroes to leave their masters and take refuge at Augustine,
while peace subsisted between the two crowns? The deputies replied, That
the governor of Florida would deliver up all felons and debtors; but had
express orders for twenty years past, to detain all slaves who should fly
to Augustine for liberty and protection. Middleton declared he looked on
such injurious orders as a breach of national honour and faith,
especially as negroes were real property, such as houses and lands, in
Carolina. The deputies answered, That the design of the King of Spain was
not to injure private men, having ordered compensation to be made to the
masters of such slaves in money; but that his humanity and religion
enjoined him to issue such orders for the sake of converting slaves to
the Christian faith. In short, the conference ended to the satisfaction
of neither party, and matters remained as they were; but soon after, the
English fort, built of wood, was burned to the ground, and the southern
frontiers of Carolina were again left naked and defenceless.
[Sidenote] Colonel Palmer makes reprisals on the Spaniards.
As no final agreement, with respect to the limits of the two provinces
had been concluded, the Indians in alliance with Spain continued to
harass the British settlements: particularly the Yamassees, as usual,
penetrating into Carolina in scalping parties, persisted in killing white
men, and carrying off every negroe they could catch. Though the owners of
slaves had been allowed from the Spanish government a compensation in
money for their losses, yet few of them ever received it. At length
Colonel Palmer resolved to make reprisals on those plunderers, since no
adequate recompense could otherwise be obtained. For this purpose he
gathered together a party of militia and friendly Indians, consisting in
all of about three hundred men, and entered Florida, with a resolution of
spreading desolation throughout the province. He carried his arms as far
as the gates of Augustine, and compelled the inhabitants to take refuge
in their castle. Scarce a house or hut in the colony escaped the flames.
He destroyed their provisions in the fields, and drove off their cattle,
hogs and horses. Some Indians he killed, and others he made prisoners. In
short, he left the people of Florida little property, except what was
protected by the guns of their fort, and by this expedition convinced the
Spaniards of their weakness, and the bad policy of encouraging Indians to
molest the subjects of Britain. He shewed them that the Carolineans could
prevent the cultivation and settlement of their province whenever they
pleased, and render the improvement of it impracticable, on any other
than peaceable terms with their neighbours.
[Sidenote] Encroachment of the French in Louisiana.
But by this time the Spaniards were not the only neighbours that created
trouble to the Carolineans. The French settled in Louisiana were also
advancing nearer them, and using all their art and address for gaining
the interest and affections of these savage nations. They erected a
strong hold, called Fort Alabama, high up on Mobile river, which was
excellently situated for opening and carrying on a correspondence with
the most powerful nations around the British settlement. The Carolineans
had good reason to be on their guard against the influence of these
intimating and enterprising neighbours. The tribes of Upper Creeks, whose
hunting lands extended to their fort, were soon won over by promises and
largesses to an alliance with them. The Cherokees indeed lived at a
greater distance from them, and yet by means of Creeks and other
emissaries, whom they sent among them, they endeavoured also to bring
than over to their interest. The river Mississippi being navigable a
great way from its mouth, opened a communication with the Choctaws,
Chikesaws, and other nations residing near it. So that the French had
many excellent opportunities of seducing Indians from their alliance with
Britain. The president of Carolina employed Captain Tobias Fitch among
the Creeks, and Colonel George Chicken among the Cherokees, to keep these
tribes steady and firm to the British interest. These agents, however,
during the whole time Mr. Middleton presided over the colony, found no
small difficulty in counteracting the influence of French policy, and
preventing their union and alliance with these enemies. From this period
the British and French settlers in America became competitors for power
and influence over Indian nations, the one or the other of whom were
always exposed to danger and trouble from them, in proportion to the
success of their rivals. Now the Carolineans were farther from peace and
safety than ever. The French supplied these savages with tomahawks,
muskets, and ammunition, by which means they laid aside the bow and
arrow, and became more dangerous and formidable enemies than they had
been in any former period.
[Sidenote] A terrible hurricane.
During the summer of 1728, the weather in Carolina was observed to be
uncommonly hot, by which the face of the earth was entirely parched, the
pools of standing water dried up, and the beasts of the field were
reduced to the greatest distress. After such a long and general drought
the inhabitants having usually observed hurricanes and tornadoes to
follow in autumn, they began accordingly to look out with superstitious
dread for them, as that season of the year approached. Accordingly a
dreadful hurricane happened in the end of August, and occasioned an
inundation, which overflowed the town and the low lands, and did
incredible damage to the fortifications, houses, wharfs, shipping, and
cornfields. The streets of Charlestown were covered with boats, boards,
staves, and the inhabitants were obliged to take refuge in the higher
stories of their dwelling-houses. Twenty-three ships were driven a-shore,
most of which were either greatly damaged, or dashed to pieces. The Fox
and Garland men of war, stationed there for the protection of trade, were
the only ships that rode out the storm. This hurricane, though it
levelled many thousand trees in the maritime parts, yet so thick was the
forest, that it was scarcely perceived an hundred miles from the shore.
But as such violent storms are probably occasioned by the rarefaction of
the air, with excessive heat, they are seldom of long duration, for
having restored the equipoise in the atmosphere, the wind commonly
shifts, and the tempest ceases.
[Sidenote] And Yellow Fever.
The same year an infectious and pestilential distemper, commonly called
the Yellow Fever, broke out in town, and swept off multitudes of the
inhabitants, both white and black. As the town depended entirely on the
country for fresh provisions, the planters would suffer no person to
carry supplies to it, for fear of catching the infection, and bringing it
to the country. The physicians knew not how to treat the uncommon
disorder which was so suddenly caught, and proved so quickly fatal. The
calamity was so general, that few could grant assistance to their
distressed neighbours, however much needed and earnestly desired. So many
funerals happening every day, while so many lay sick, white persons
sufficient for burying the dead were scarcely to be found; and though
they were often interred on the same day they died, so quick was the
putrefaction, so offensive and infectious were the corpses, that even the
nearest relations seemed averse from the necessary duty.
[Sidenote] The Province purchased for the crown.
After all, one memorable event distinguished this year, which was
attended with many beneficial consequences to the province. An act of
parliament passed in Britain for establishing an agreement with seven of
the Proprietors for a surrender of their right and interest, not only in
the government, but also in the soil and lands of the province, to the
King. The purchase was made for seventeen thousand five hundred pounds
sterling, to be paid before the end of September 1729, free of all
deductions; after which payment, the province was to be vested in the
crown of Great Britain. At the same time seven-eight parts of the arrears
of quit-rents, due from the colonists to the Proprietors, amounting to
somewhat more than nine thousand pounds sterling, were also purchased for
the crown for five thousand; so that seven-eight parts of this vast
territory cost no more than twenty-two thousand five hundred pounds. But,
in this act of parliament there is a clause, reserving to John Lord
Carteret the remaining eight share of the property and arrears of
quit-rents, which continues to this day legally vested in that family,
only all his share in the government he surrendered to the crown. The
Proprietors who sold their shares at this time, were Henry Duke of
Beaufort, William Lord Craven, James Bertie, Dodington Greville, Henry
Bertie, Mary Danson, Elisabeth More, Sir John Colleton, John Cotton, and
Joseph Blake, who before the surrender were possessed, either in their
own right or in trust, of seven eight parts of the government and
property of the province. This surrender was made to Edward Bertie,
Samuel Horsey, Henry Smith, and Alexis Clayton, in trust for the crown.
In consequence of the powers granted to his Majesty by this act of
parliament, he claims the prerogative of appointing Governors to both
South and North Carolina, and a council similar to the other regal
governments in America.
The First SET Of The
FUNDAMENTAL CONSTITUTIONS
Of
SOUTH CAROLINA.
As Compiled By Mr. JOHN LOCKE.
Our Sovereign Lord The King having, out of his royal grace and bounty,
granted unto us the province of CAROLINA, with all the royalties,
properties, jurisdictions and privileges of a county palatine, as large
and ample as the county palatine of Durham, with other great privileges;
for the better settlement of the government of the said place, and
establishing the interest of the Lords Proprietors with equality, and
without confusion; and that the government of this province may be made
most agreeable to the monarchy under which we live, and of which this
province is a part; and that we may avoid erecting a numerous democracy:
we the Lords and Proprietors of the province aforesaid, have agreed to
this following form of government to be perpetually established amongst
us, unto which we do oblige ourselves, our heirs and successors, in the
most binding ways that can be devised.
I. The eldest of the Lords Proprietors shall be Palatine; and, upon the
decease of the Palatine, the eldest of the seven surviving proprietors
shall always succeed him.
II. There shall be seven other chief offices erected, viz. the admirals,
chamberlains, chancellors, constables, chief justices, high stewards, and
treasurers; which places shall be enjoyed by none but the Lords
Proprietors, to be assigned at first by lot; and upon the vacancy of any
one of the seven great offices by death, or otherwise, the eldest
proprietor shall have his choice of the said place.
III. The whole province shall be divided into counties; each county shall
consist of eight signiories, eight baronies, and four precincts; each
precinct shall consist of six colonies.
IV. Each signiory, barony, and colony, shall consist of twelve thousand
acres; the eight signiories being the share of the eight proprietors, and
the eight baronies of the nobility; both which shares, being each of them
one fifth part of the whole, are to be perpetually annexed, the one to
the proprietors, the other to the hereditary nobility, leaving the
colonies, being three fifths, amongst the people; that so in setting out,
and planting the lands, the balance of the government may be preserved.
V. At any time before the year one thousand seven hundred and one, any of
the Lords Proprietors shall have power to relinquish, alienate, and
dispose, to any other person, his proprietorship, and all the signiories,
powers, and interest, thereunto belonging, wholly and entirely together,
and not otherwise. But, after the year one thousand seven hundred, those
who are then Lords Proprietors shall not have power to alienate or make
over their proprietorship, with the signiories and privileges thereunto
belonging, or any part thereof, to any person whatsoever otherwise than
as in Paragraph XVIII; but it shall all descend unto their heirs male,
and, for want of heirs male, it shall all descend on that Landgrave or
Cassique of CAROLINA, who is descended of the next heirs female of the
Proprietor; and, for want of such heirs, it shall descend on the next
heir general; and, for want of such heirs, the remaining seven
proprietors shall, upon the vacancy, chuse a Landgrave to succeed the
deceased proprietor, who being chosen by the majority of the seven
surviving proprietors, he and his heirs successively shall be
proprietors, as fully to all intents and purposes as any of the rest.
VI. That the number of eight proprietors may be constantly kept; if, upon
the vacancy of any proprietorship, the seven surviving proprietors shall
not chuse a Landgrave to be a proprietor, before the second biennial
parliament after the vacancy; then the next biennial parliament but one
after such vacancy, shall have power to chuse any landgrave to be a
proprietor.
VII. Whosoever after the year one thousand seven hundred, either by
inheritance or choice, shall succeed any proprietor in his proprietorship,
and signiories thereunto belonging shall be obliged to take the name and
arms of that proprietor whom he succeeds; which from thenceforth shall be
the name and arms of his family and their posterity.
VIII. Whatsoever Landgrave or Cassique shall any way come to be a
proprietor, shall take the signiories annexed to the said proprietorship;
but his former dignity, with the baronies annexed, shall devolve into the
hands of the Lords Proprietors.
IX. There shall be just as many landgraves as there are counties, and
twice as many cassiques, and no more. These shall be the hereditary
nobility of the province, and by right of their dignity be members of
parliament. Each landgrave shall have four baronies, and each cassique
two baronies, hereditarily and unalterably annexed to, and settled upon,
the said dignity.
X. The first landgraves and cassiques of the twelve first counties to be
planted, shall be nominated thus; that is to say, of the twelve
landgraves the Lords Proprietors shall each of them separately for
himself nominate and chuse one; and the remaining four landgraves of the
first twelve, shall be nominated and chosen by the Palatine's court. In
like manner of the twenty-four first cassiques, each proprietor for
himself shall nominate and chuse two, and the remaining eight shall be
nominated and chosen by the Palatine's court; and when the twelve first
counties shall be planted, the Lords Proprietors shall again in the same
manner nominate and chuse twelve more landgraves, and twenty-four
cassiques, for the twelve next counties to be planted; that is to say,
two thirds of each number by the single nomination of each proprietor for
himself, and the remaining one-third by the joint election of the
Palatine's court, and so proceed in the same manner till the whole
province of CAROLINA be set out and planted, according to the proportions
in these FUNDAMENTAL CONSTITUTIONS.
XI. Any landgrave or cassique at any time before the year one thousand
seven hundred and one shall have power to alienate, sell, or make over,
to any other person, his dignity, with the baronies thereunto belonging,
all entirely together. But, after the year one thousand seven hundred, no
landgrave or cassique shall have power to alienate, sell, make over, or
let, the hereditary baronies of his dignity, or any part thereof,
therwise than as in Paragraph XVIII; but they shall all entirely, with
the dignity thereunto belonging, descend unto his heirs male; and, for
want of heirs male, all entirely and undivided, to the next heir general;
and, for want of such heirs, shall devolve into the hands of the Lords
Proprietors.
XII. That the due number of landgraves and cassiques may be always kept
up; if, upon the devolution of any land graveship or cassiqueship, the
Palatine's court shall not settle the devolved dignity, with the baronies
thereunto annexed, before the second biennial parliament after such
devolution; the next biennial parliament but one after such devolution
shall have power to make any one landgrave or cassique in the room of
him, who, dying without heirs, his dignity and baronies devolved.
XIII. No one person shall have more than one dignity, with the signiories
or baronies thereunto belonging. But whensoever it shall happen that any
one, who is already proprietor, landgrave, of cassique, shall have any of
these dignities descend to him by inheritance; it shall be at his choice
to keep which of the dignities, with the land annexed, he shall like
best; but shall leave the other, with the lands annexed, to be enjoyed by
him, who, not being his heir apparent and certain successor to his
present dignity, is next of blood.
XIV. Whosoever, by the right of inheritance, shall come to be landgrave
or cassique, shall take the name and arms of his predecessor in that
dignity, to be from thenceforth the name and arms of his family and their
posterity.
XV. Since the dignity of proprietor, landgrave, or cassique, cannot be
divided, and the signiories or baronies thereunto annexed must for ever
all entirely descend with, and accompany that dignity; whensoever, for
want of heirs male, it shall descend on the issue female, the eldest
daughter and her heirs shall be preferred, and in the inheritance of
those dignities, and the signiories or baronies annexed, there shall be
no co-heirs.
XVI. In every signiory, barony and manor, the respective lord shall have
power, in his own name, to hold court-leet there, for trying of all
causes both civil and criminal; but where it shall concern any person
being no inhabitant, vassal, or leet-man of the said signiory, barony, or
manor, he, upon paying down of forty shillings to the Lords Proprietor's
use, shall have an appeal from the signiory or barony-court to the
county-court, and from the manor-court to the precinct-court.
XVII. Every manor shall consist of not less than three thousand acres,
and not above twelve thousand aces, in one entire piece and colony; but
any three thousand acres or more in one piece, and the possession of one
man, shall not be a manor unless it be constituted a manor by the grant
of the Palatine's court.
XVIII. The lords of signiories and baronies shall have power only of
granting estates not exceeding three lives, or thirty-one years, in two
thirds of the said signiories or baronies, and the remaining third shall
be always demesne.
XIX. Any lord of a manor may alienate, sell, or dispose, to any other
person and his heirs for ever, his manor, all entirely together, with all
the privileges and leet-men thereunto belonging, so far forth as any
colony lands; but no grant of any part thereof, either in fee, or for any
longer term than three lives, or one and twenty years, shall be good
against the next heir.
XX. No manor, for want of issue male, shall he divided amongst co-heirs;
but the manor, if there be but one, shall all entirely descend to the
eldest daughter and her heirs. If there be more manors than one, the
eldest daughter first shall have her choice, the second next, and so on,
beginning again at the eldest, till all the manors be taken up; that so
the privileges which belong to manors being indivisible, the lands of the
manors, to which they are annexed, may be kept entire, and the manor not
lose those privileges, which, upon parceling out to several owners, must
necessarily cease.
XXI. Every lord of a manor, within his manor, shall have all the powers,
jurisdictions, and privileges, which a landgrave or cassique have in his
baronies.
XXII. In every signiory, barony, and manor, all the leet-men shall be
under the jurisdiction of the respective lords of the said signiory,
barony, or manor without appeal from him. Nor shall any leet-man, or
leet-woman, have liberty to go off from the land of their particular
lord, and live any where else, without licence obtained from their said
lord, under hand and seal.
XXIII. All the children of leet-men shall be leet-men, and so to all
generations.
XXIV. No man shall be capable of having a court-leet, or leet-men, but a
proprietor, landgrave, cassique, or lord of a manor.
XXV. Whoever shall voluntarily enter himself a leet-man, in the registry
of the county-court, shall be a leet-man.
XXVI. Whoever is lord of leet-men, shall, upon the marriage of a leet-man
or leet-woman of his, give them ten acres of land for their lives; they
paying to him therefore not more than one eighth part of all the yearly
produce and growth of the said ten acres.
XXVII. No landgrave or cassique shall be tried for any criminal cause in
any but the chief justice's court, and that by a jury of his peers.
XXVIII. There shall be eight supreme courts. The first called the
Palatine's court, consisting of the palatine and the other seven
proprietors. The other seven courts of the other seven great officers,
shall consist each of them of a proprietor, and six counsellors added to
him. Under each of these latter seven courts, shall be a college of
twelve assistants. The twelve assistants of the several colleges shall be
chosen, two out of the landgraves, cassiques, or eldest sons of
proprietors, by the Palatine's court; two out of the landgraves, by the
landgraves chamber; two out of the cassiques, by the cassique's chamber;
four more of the twelve shall be chosen by the commons chamber, out of
such as have been, or are, members of parliament, sheriffs, or justices
of the county court, or the younger sons of proprietors, or eldest sons
of landgraves or cassiques; the two other shall be chosen by the
palatine's court, out of the same sort of persons, out of which the
commons chamber is to chuse.
XXIX. Out of these colleges shall be chosen at first, by the Palatine's
court, six counsellors, to be joined with each proprietor in his court;
of which six, one shall be of those who were chosen in any of the
colleges by the Palatine's court, out of the landgraves, cassiques, or
eldest sons of proprietors; one out of those who were chosen by the
landgraves chamber; and one out of those who were chosen by the cassiques
chamber; two out of those who were chosen by the commons chamber; and one
out of those who were chosen by the Palatine's court, out of the
proprietors younger sons, or eldest sons of landgraves, cassiques, or
commons, qualified as aforesaid.
XXX. When it shall happen that any counsellor dies, and thereby there is
a vacancy, the grand council shall have power to remove any counsellor
that is willing to be removed out of any of the proprietors courts to
fill up the vacancy; provided they take a man of the same degree and
choice the other was of, whose vacant place is to be filled up. But if no
counsellor consent to be removed, or upon such remove, the last remaining
vacant place, in any of the proprietor's courts, shall be filled up by
the choice of the grand council, who shall have power to remove out of
any of the colleges, any assistant, who is of the same degree and choice
that counsellor was of, into whose vacant place he is to succeed. The
grand council also shall have power to remove any assistant, that is
willing, out of one college into another, provided he be of the same
degree and choice. But the last remaining vacant place in any college,
shall be filled up by the same choice, and out of the same degree of
persons the assistant was of, who is dead or removed. No place shall be
vacant in any proprietor's court above six months. No place shall be
vacant in any college longer than the next session of parliament.
XXXI. No man, being a member of the grand council, or of any of the seven
colleges, shall be turned out but for misdemeanour, of which the grand
council shall be judge; and the vacancy of the person so put out shall be
filled, not by the election of the grand council, but by those who first
chose him, and out of the same degree he was of who is expelled. But it
is not hereby to be understood, that the grand council hath any power to
turn out any one of the Lords Proprietors or their deputies, the Lords
Proprietors having in themselves an inherent original right.
XXXII. All elections in the parliament, in the several chambers of the
parliament, and in the grand council, shall be passed by balloting.
XXXIII. The Palatine's court shall consist of the Palatine and seven
proprietors, wherein nothing shall be acted without the presence and
consent of the Palatine or his deputy, and three others of the
proprietors or their deputies. This court shall have power to call
parliaments, to pardon all offences, to make elections of all officers in
the proprietor's dispose, and to nominate and appoint Port Towns; and
also shall have power by their order to the treasurer to dispose of all
public treasure, excepting money granted by the parliament, and by them
directed to some particular public use; and also shall have a negative
upon all acts, orders, votes and judgments, of the grand council and the
parliament, except only as in Paragraphs VI. and XII.; and shall have all
the powers granted to the Lords Proprietors, by their patent from OUR
SOVEREIGN LORD THE KING, except in such things as are limited by these
FUNDAMENTAL CONSTITUTIONS.
XXXIV. The Palatine himself, when he in person shall be either in the
army or in any of the proprietors courts, shall then have the power of
general, or of that proprietor, in whose court he is then present; and
the proprietor, in whose court the Palatine then presides, shall during
his presence there be but as one of the council.
XXXV. The chancellor's court, consisting of one of the proprietors, and
his six counsellors, who shall be called vice-chancellors, shall have
the custody of the seal of the palatine, under which all charters of
lands, or otherwise, commissions and grants of the Palatine's court,
shall pass. And it shall not be lawful to put the seal of the palatinate
to any writing, which is not signed by the Palatine or his deputy, and
three other proprietors or their deputies. To this court also belong all
state matters, dispatches, and treaties with the neighbour Indians. To
this court also belong all invasions of the law, of liberty of
conscience, and all disturbances of the public peace, upon pretence of
religion, as also the licence of printing. The twelve assistants
belonging to this court shall be called recorders.
XXXVI. Whatever passes under the seal of the palatinate, shall be
registered in that proprietor's court, to which the matter therein
contained belongs.
XXXVII. The chancellor or his deputy shall be always speaker in
parliament, and president of the grand council, and, in his and his
deputy's absence, one of his vice-chancellors.
XXXVIII. The chief justice's court, consisting of one of the proprietors
and his six counsellors, who shall be called justices of the bench, shall
judge all appeals in cases both civil and criminal, except all such cases
as shall be under the jurisdiction and cognizance of any other of the
proprietor's courts, which shall be tried in those courts respectively.
The government and regulation of the registries of writings and
contracts, shall belong to the jurisdiction of this court. The twelve
assistants of this court shall be called masters.
XXXIX. The constable's court, consisting of one of the proprietors and
his six counsellors, who shall be called marshals, shall order and
determine of all military affairs by land, and all land-forces, arms,
ammunition, artillery, garrisons, forts, &c. and whatever belongs unto
war. His twelve assistants shall be called lieutenant-generals.
XL. In time of actual war, the constable, while he is in the army, shall
be general of the army, and the six counsellors, or such of them as the
Palatine's court shall for that time or service appoint, shall be the
immediate great officers under him, and the lieutenant-generals next to
them.
XLI. The admiral's court, consisting of one of the proprietors, and his
six counsellors, called consuls, shall have the care and inspection over
all ports, moles, and navigable rivers, so far as the tide flows, and
also all the public shipping of CAROLINA, and stores thereunto belonging,
and all maritime affairs. This court also shall have the power of the
court of admiralty; and shall have power to constitute judges in
port-towns, to try cases belonging to law-merchant, as shall be most
convenient for trade. The twelve assistants, belonging to this court,
shall be called proconsuls.
XLII. In time of actual war, the admiral, whilst he is at sea, shall
command in chief, and his six counsellors, or such of them as the
Palatine's court shall for that time and service appoint, shall be the
immediate great officers under him, and the proconsuls next to them.
XLIII. The treasurer's court, consisting of a proprietor and his his
counsellors, called under-treasurers, shall take care of all matters that
concern the public revenue and treasury. The twelve assistants shall be
called auditors.
XLIV. The high-steward's court, consisting of a proprietor and his six
counsellors, called comptrollers, shall have the care of all foreign and
domestic trade, manufactures, public buildings, work-houses, high-ways,
passages by water above the flood of the tide, drains, sewers, and banks
against inundations, bridges, post, carriers, fairs, markets, corruption
or infection of the common air or water, and all things in order to the
public commerce and health; also setting out and surveying of lands; and
also setting out and appointing places for towns to be built on in the
precincts, and the prescribing and determining the figure and bigness of
the said towns, according to such models as the said court shall order;
contrary or differing from which models it shall not be lawful for any
one to build in any town. This court shall have power also to make any
public building, or any new highway, or enlarge any old high-way, upon
any man's land whatsoever; as also to make cuts, channels, banks, locks,
and bridges, for making rivers navigable, or for draining fens, or any
other public use. The damage the owner of such lands (on or through which
any such public things shall be made) shall receive thereby, shall be
valued, and satisfaction made by such ways as the grand council shall
appoint. The twelve assistants, belonging to this court, shall be called
surveyors.
XLV. The chamberlain's court, consisting of a proprietor and his six
counsellors, called vice-chamberlains, shall have the care of all
ceremonies, precedency, heraldry, reception of public messengers,
pedigrees, the registry of all births, burials, and marriages,
legitimation, and all cases concerning matrimony, or arising from it; and
shall also have power to regulate all fashions, habits, badges, games and
sports. To this court also it shall belong to convocate the grand
council. The twelve assistants, belonging to this court, shall be called
provosts.
XLVI. All causes belonging to, or under the jurisdiction of, any of the
proprietors courts, shall in them respectively be tried, and ultimately
determined, without any farther appeal.
XLVII. The proprietors courts shall have a power to mitigate all fines,
and suspend all executions in criminal causes, either before or after
sentence, in any of the other inferior courts respectively.
XLVIII. In all debates, hearings, or trials, in any of the proprietor's
courts, the twelve assistants belonging to the said courts respectively,
shall have liberty to be present, but shall not interpose, unless their
opinions be required, nor have any vote at all; but their business shall
be, by the direction of the respective courts, to prepare such business
as shall be committed to them; as also to bear such offices, and dispatch
such affairs, either where the court is kept or elsewhere as the court
shall think fit.
XLIX. In all the proprietors courts, the proprietor, and any three of his
counsellors, shall make a quorum; provided always, that, for the better
dispatch of business, it shall be in the power of the Palatine's court,
to direct what sort of causes shall be heard and determined by a quorum
of any three.
L. The grand council shall consist of the Palatine and seven proprietors,
and the forty-two counsellors of the several proprietors courts, who
shall have power to determine any controversies that may arise between
any of the proprietors courts, about their respective jurisdictions, or
between the members of the same court, about their manner and methods of
proceeding; to make peace and war, leagues, treaties, &c. with any of the
neighbour Indians; to issue out their general orders to the constable's
and admiral's courts, for the raising, disposing, or disbanding the
forces, by land or by sea.
LI. The grand council shall prepare all matters to be proposed in
parliament. Nor shall any matter whatsoever be proposed in parliament,
but what hath first passed the grand council; which, after having been
read three several days in the parliament, shall by majority of votes be
passed or rejected.
LII. The grand council shall always be judges of all causes and appeals
that concern the Palatine, or any of the Lords Proprietors, or any
counsellor of any proprietor's court, in any cause, which otherwise
should have been tried in the court in which the said counsellor is judge
himself.
LIII. The grand council, by their warrants to the treasurer's court,
shall dispose of all the money given by the parliament and by them
directed to any particular public use.
LIV. The quorum of the grand council shall be thirteen, whereof a
proprietor or his deputy shall be always one.
LV. The grand council shall meet the first Tuesday in every month, and as
much oftener as either they shall think fit, or they shall be convocated
by the chamberlain's court.
LVI. The Palatine, or any of the Lords Proprietors, shall have power
under hand and seal, to be registered in the grand council, to make a
deputy, who shall have the same power to all intents and purposes as he
himself who deputes him; except in confirming acts of parliament, as in
Paragraph LXXVI, and except also in nominating and chusing landgraves and
cassiques, as in Paragraph X. All such deputations shall cease and
determine at the end of four years, and at any time shall be revocable at
the pleasure of the deputator.
LVII. No deputy of any proprietor shall have any power whilst the
deputator is in any part of CAROLINA, except the proprietor, whose deputy
he is, be a minor.
LVIII. During the minority of any proprietor his guardian shall have
power to constitute and appoint his deputy.
LIX. The eldest of the Lords Proprietors, who shall be personally in
CAROLINA, shall of course be the Palatine's deputy, and if no proprietor
be in CAROLINA, he shall chuse his deputy out of the heirs apparent of
any of the proprietors, if any such be there; and if there be no heir
apparent of any of the Lords Proprietors above one and twenty years old
in CAROLINA, then he shall chuse for deputy any one of the landgraves of
the grand council; and till he have by deputation under hand and seal
chosen any one of the forementioned heirs apparent or landgraves to be
his deputy, the eldest man of the landgraves, and, for want of a
landgrave, the eldest man of the cassiques, who shall be personally in
CAROLINA, shall of course be his deputy.
LX. Each proprietor's deputy shall be always one of his own six
counsellors respectively; and in case any of the proprietors hath not, in
his absence out of CAROLINA, a deputy, commissioned under his hand and
seal, the eldest nobleman of his court shall of course be his deputy.
LXI. In every county there shall be a court, consisting of a sheriff, and
four justices of the county, for every precinct one. The sheriff shall be
an inhabitant of the county, and have at least five hundred acres of
freehold within the said county; and the justices shall be inhabitants,
and have each of them five hundred acres a-piece freehold within the
precinct for which they serve respectively. These five shall be chosen
and commissioned from time to time by the Palatine's court.
LXII. For any personal causes exceeding the value of two hundred pounds
sterling, or in title of land, or in any criminal cause; either party,
upon paying twenty pounds sterling to the Lords Proprietors use, shall
have liberty of appeal from the county-court unto the respective
proprietor's court.
LXIII. In every precinct there shall be a court consisting of a steward
and four justices of the precinct, being inhabitants, and having three
hundred acres of freehold within the said precinct, who shall judge all
criminal causes; except for treason, murder, and any other offences
punishable with death, and except all criminal causes of the nobility;
and shall judge also all civil causes whatsoever; and in all personal
actions not exceeding fifty pounds sterling, without appeal; but where
the cause shall exceed that value, or concern a title of land, and in all
criminal causes; there either party, upon paying five pounds sterling to
the Lords Proprietors use, shall have liberty of appeal to the
county-court.
LXIV. No cause shall be twice tried in any one court, upon any reason or
pretence whatsoever.
LXV. For treason, murder, and all other offences punishable with death,
there shall be a commission, twice a year at least, granted onto one or
more members of the grand council or colleges, who shall come as
itinerant judges to the several counties, and with the sheriff and four
justices shall hold assizes to judge all such causes; but, upon paying of
fifty pounds sterling to the Lords Proprietors use, there shall be
liberty of appeal to the respective proprietor's court.
LXVI. The grand jury at the several assizes, shall, upon their oaths, and
under their hands and seals, deliver in to the itinerant judges a
presentment of such grievances, misdemeanors, exigences, or defects,
which they think necessary for the public good of the county; which
presentments shall, by the itinerant judges, at the end of their circuit,
be delivered in to the grand council at their next sitting. And
whatsoever therein concerns the execution of laws already made; the
several proprietors courts, in the matters belonging to each of them
respectively, shall take cognizance of it and give such order about it,
as shall be effectual for the due execution of the laws. But whatever
concerns the making of any new law, shall be referred to the several
respective courts to which that matter belongs, and be by them prepared
and brought to the grand council.
LXVII. For terms, there shall be quarterly such a certain number of days,
not exceeding one and twenty at any one time, as the several respective
courts shall appoint. The time for the beginning of the term, in the
precinct-court, shall be the first Monday in January, April, July, and
October; in the county-court, the first Monday in February, May, August,
and November, and in the proprietors courts, the first Monday in March,
June, September, and December.
LXVIII. In the precinct-court no man shall be a jury-man under fifty
acres of freehold. In the county-court, or at the assizes, no man shall
be a grand jury-man under three hundred acres of freehold; and no man
shall be a petty jury-man under two hundred acres of freehold. In the
proprietors courts no man shall be a jury-man under five hundred acres of
freehold.
LXIX. Every jury shall consist of twelve men; and it shall not be
necessary they should all agree, but the verdict shall be according to
the consent of the majority.
LXX. It shall be a base and vile thing to plead for money or reward; nor
shall any one (except he be a near kinsman, not farther off than
cousin-german to the party concerned) be permitted to plead another man's
cause, till, before the judge in open court, he hath taken an oath, that
he doth not plead for money or reward, nor hath nor will receive, nor
directly nor indirectly bargained with the party, whose cause he is going
to plead; for money or any other reward for pleading his cause.
LXXI. There shall be a parliament, consisting of the proprietors or their
deputies, the landgraves and cassiques, and one freeholder out of every
precinct, to be chosen by the freeholders of the said precinct
respectively. They shall sit all together in one room, and have every
member one vote.
LXXII. No man shall be chosen a member of parliament, who hath less than
five hundred acres of freehold within the precinct for which he is
chosen; nor shall any have a vote in chusing the said member that hath
less than fifty acres of free-hold within the said precinct.
LXXIII. A new parliament shall be assembled the first Monday of the month
of November every second year, and shall meet and sit in the town they
last sat in, without any summons, unless by the Palatine's court they be
summoned to meet at any other place. And if there shall be any occasion
of a parliament in these intervals, it shall be in the power of the
Palatine's court to assemble them in forty days notice, and at such time
and place as the said court shall think fit; and the Palatine's court
shall have power to dissolve the said parliament when they shall think
fit.
LXXIV. At the opening of every parliament, the first thing that shall be
done, shall be the reading of these FUNDAMENTAL CONSTITUTIONS, which the
Palatine and proprietors, and the rest of the members then present shall
subscribe. Nor shall any person whatsoever sit or vote in the parliament,
till he hath that session subscribed these FUNDAMENTAL CONSTITUTIONS, in
a book kept for that purpose by the clerk of the parliament.
LXXV. In order to the due election of members for the biennial
parliament, it shall be lawful for the freeholders of the respective
precincts to meet the first Tuesday in September every two years, in the
same town or place that they last met in, to chuse parliament-men; and
there chuse those members that are to sit the next November following,
unless the steward of the precinct shall, by sufficient notice thirty
days before, appoint some other place for their meeting, in order to the
election.
LXXVI. No act or order of parliament shall be of any force, unless it he
ratified in open parliament during the same session, by the Palatine or
his deputy, and three more of the Lords Proprietors or their deputies;
and then not to continue longer in force but until the next biennial
parliament, unless in the mean time it be ratified under the hands and
seals of the Palatine himself, and three more of the Lords Proprietors
themselves, and by their order published at the next biennial parliament.
LXXVII. Any proprietor or his deputy may enter his protestation against
any act of the parliament, before the Palatine or his deputy's consent be
given as aforesaid; if he shall conceive the said act to be contrary to
this establishment, or any of these FUNDAMENTAL CONSTITUTIONS of the
government. And in such case, after full and free debate, the several
estates shall retire into four several chambers; the Palatine and
proprietors into one; the landgraves into another; the cassiques into
another; and those chosen by the precincts into a fourth: and if the
major part of any of the four estates shall vote that the law is not
agreeable to this establishment and these FUNDAMENTAL CONSTITUTIONS of
the government, then it shall pass no farther, but be as if it had never
been proposed.
LXXVIII. The quorum of the parliament shall be one half of those who are
members, and capable of fitting in the house that present session of
parliament. The quorum of each of the chambers of parliament shall be one
half of the members of that chamber.
LXXIX. To avoid multiplicity of laws, which by degrees always change the
right foundations of the original government, all acts of parliament
whatsoever, in whatsoever form passed or enacted, shall, at the end of an
hundred years after their enacting, respectively cease and determine of
themselves, and without any repeal become null and void, as if no such
acts of laws had ever been made.
LXXX. Since multiplicity of comments, as well as of laws, have great
inconveniences, and serve only to obscure and perplex; all manner of
comments and expositions on any part of these FUNDAMENTAL CONSTITUTIONS,
or any part of the common or statute law of CAROLINA, are absolutely
prohibited.
LXXXI. There shall be a registry in every precinct, wherein shall be
enrolled all deeds, leases, judgments, mortgages, and other conveyances,
which may concern any of the land within the said precinct; and all such
conveyances not so entered or registered, shall not be of force against
any person nor party to the said contract or conveyance.
LXXXII. No man shall be register of any precinct, who hath not at least
three hundred acres of freehold within the said precinct.
LXXXIII. The freeholders of every precinct shall nominate three men; out
of which three, the chief justice's court shall chuse and commission one
to be register of the said precinct, whilst he shall well behave himself.
LXXXIV. There shall be a registry in every signiory, barony, and colony,
wherein shall be recorded all the births, marriages and deaths, that
shall happen within the respective signiories, baronies, and colonies.
LXXXV. No man shall be register of a colony, that hath not above fifty
acres of freehold within the said colony.
LXXXVI. The time of every one's age, that is born in CAROLINA, shall be
reckoned from the day that his birth is entered in the registry, and not
before.
LXXXVII. No marriage shall be lawful, whatever contract and ceremony they
have used, till both the parties mutually own it before the register of
the place where they were married, and he register it, with the names of
the father and mother of each party.
LXXXVIII. No man shall administer to the goods, or have right to them, or
enter upon the estate of any person deceased, till his death be
registered in the respective registry.
LXXXIX. He that doth not enter in the respective registry the birth or
death of any person that is born or dies in his house or ground, shall
pay to the said register one shilling per week for each such neglect,
reckoning from the time of each birth or death respectively, to the time
of registering it.
XC. In like manner the births, marriages, and deaths of the Lords
Proprietors, Landgraves, and Cassiques, shall be registered in the
chamberlain's court.
XCI. There shall be in every colony one constable to be chosen annually
by the freeholders of the colony; his estate shall be above a hundred
acres of freehold within the said colony, and such subordinate officers
appointed for his assistance as the county-court shall find requisite,
and shall be established by the said county-court. The election of the
subordinate annual officers shall be also in the freeholders of the
colony.
XCII. All towns incorporate shall be governed by a Mayor, twelve
Aldermen, and twenty-four of the common-council. The said common-council
shall be chosen by the present housholders of the said town; the aldermen
shall be chosen out of the common-council; and the mayor out of the
aldermen, by the Palatine's court.
XCIII. It being of great consequence to the plantation, that Port-Towns
should be built and preserved; therefore, whosoever shall lade or unlade
any commodity at any other place but a Port-Town, shall forfeit to the
Lord's Proprietors for each run so laden or unladen, the sum of ten
pounds sterling; except only such goods as the Palatine's court shall
license to be laden or unladen elsewhere.
XCIV. The first port-town upon every river shall be in a colony, and be a
port-town for ever.
XCV. No man shall be permitted to be a freeman of CAROLINA, or to have
any estate or habitation within it, that doth not acknowledge a GOD; and
that God is publicly and solemnly to be worshipped.
XCVI. [As the country comes to be sufficiently planted and distributed
into fit divisions, it shall belong to the parliament to take care for
the building of churches, and the public maintenance of divines, to be
employed in the exercise of religion, according to the church of England;
which being the only true and orthodox, and the national religion of all
the king's dominions, is so also of CAROLINA; and therefore it alone
shall be allowed to receive public maintenance, by grant of
parliament].[2]
[2] This article was not drawn up by Mr. LOCKE; but inserted by some of
the chief of the proprietors, against his judgment; as Mr. LOCKE
himself informed one of his friends, to whom he presented a copy of
these Constitutions.
XCVII. But since the natives of that place, who will be concerned in our
plantation, are utterly strangers to Christianity, whose idolatry,
ignorance, or mistake, gives us no right to expel, or use them ill; and
those who remove from other parts to plant there, will unavoidably be of
different opinions concerning matters of religion, the liberty whereof
they will expect to have allowed them, and it will not be reasonable for
us on this account to keep them out; that civil peace may be maintained
amidst the diversity of opinions, and our agreement and compact with all
men may be duly and faithfully observed; the violation whereof, upon what
pretence soever, cannot be without great offence to almighty God, and
great scandal to the true religion, which we profess; and also that Jews,
Heathens, and other dissenters from the purity of Christian religion, may
not be scared and kept at a distance from it, but, by having an
opportunity of acquainting themselves with the truth and reasonableness
of its doctrines, and the peaceableness and inoffensiveness of its
professors, may by good usage and persuasion, and all those convincing
methods of gentleness and meekness suitable to the rules and design of
the gospel, be won over to embrace and unfeignedly receive the truth;
therefore any seven or more persons agreeing in any religion, shall
constitute a church or profession, to which they shall give some name, to
distinguish it from others.
XCVIII. The terms of admittance and communion with any church or
profession, shall be written in a book, and therein be subscribed by all
the members of the said church or profession; which book shall be kept by
the public register of the precinct where they reside.
XCIX. The time of every one's subscription and admittance shall be dated
in the said book of religious record.
C. In the terms of communion of every church or profession, these
following shall be three; without which no agreement or assembly of men,
upon pretence of religion, shall be accounted a church or profession
within these rules:
1. "That there is a GOD.
2. "That GOD is publicly to be worshipped.
3. "That it is lawful and the duty of every man, being thereunto called
by those that govern, to bear witness to truth; and that every church or
profession shall, in their terms of communion, set down the external way
whereby they witness a truth as in the presence of GOD, whether it be by
laying hands on, or kissing the Bible, as in the church of England, or by
holding up the hand, or any other sensible way."
CI. No person above seventeen years of age shall have any benefit or
protection of the law, or be capable of any place of profit or honour,
who is not a member of some church or profession, having his name
recorded in some one, and but one religious record at once.
CII. No person of any other church or profession shall disturb or molest
any religious assembly.
CIII. No person whatsoever shall speak any thing in their religious
assembly irreverently or seditiously of the government, or governors, or
state matters.
CIV. Any person subscribing the terms of communion in the record of the
said church or profession, before the precinct register, and any five
members of the said church or profession, shall be thereby made a member
of the said church or profession.
CV. Any person striking out his own name out of any religious record, or
his name being struck out by any officer thereunto authorised by each
church or profession respectively, shall cease to be a member of that
church or profession.
CVI. No man shall use any reproachful, reviling, or abusive language,
against the religion of any church or profession; that being the certain
way of disturbing the peace, and of hindering the conversion of any to
the truth, by engaging them in quarrels and animosities, to the hatred of
the professors and that profession, which otherwise they might be brought
to assent to.
CVII. Since charity obliges us to wish well to the souls of all men, and
religion ought to alter nothing in any man's civil estate or right, it
shall be lawful for slaves, as well as others, to enter themselves, and
be of what church or profession any of them shall think best, and
therefore be as fully members as any freeman. But yet no slave shall
hereby be exempted from that civil dominion his master hath over him, but
be in all other things in the same state and condition he was in before.
CVIII. Assemblies, upon what pretence soever of religion, not observing
and performing the abovesaid rules, shall not be esteemed as churches,
but unlawful meetings, and be punished as other riots.
CIX. No person whatsoever shall disturb, molest, or persecute another for
his speculative opinions in religion, or his way of worship.
CX. Every freeman of CAROLINA shall have absolute power and authority
over his negro slaves, of what opinion or religion soever.
CXI. No cause, whether civil or criminal, of any freeman, shall be tried
in any court of judicature, without a jury of his peers.
CXII. No person whatsoever shall hold or claim any land in CAROLINA by
purchase or gift, or otherwise, from the natives, or any other
whatsoever; but merely from and under the Lords Proprietors; upon pain of
forfeiture of all his estate, moveable or immoveable, and perpetual
banishment.
CXIII. Whosoever shall possess any freehold in CAROLINA, upon what title
or grant soever, shall, at the farthest, from and after the year one
thousand six hundred and eighty-nine, pay yearly unto the Lords
Proprietors for each acre of land, English measure, as much fine silver
as is at this present in one English penny, or the value thereof, to be
as a chief rent and acknowledgment to the Lords Proprietors; their heirs
and successors, for ever. And it shall be lawful for the Palatine's
court, by their officers at any time, to take a new survey of any man's
land, not to out him of any part of his possession, but that by such a
survey the just number of acres he possesseth may be known, and the rent
thereupon due may be paid by him.
CXIV. All wrecks, mines, minerals, quarries of gems, and precious stones,
with pearl-fishing, whale-fishing, and one half of all ambergrease, by
whomsoever found, shall wholly belong to the Lords Proprietors.
CXV. All revenues and profits belonging to the Lords Proprietors in
common shall be divided into ten parts, whereof the Palatine shall have
three and each proprietor one; but if the Palatine shall govern by a
deputy, his deputy shall have one of those three tenths, and the Palatine
the other two tenths.
CXVI. All inhabitants and freemen of CAROLINA above seventeen years of
age, and under sixty, shall be bound to bear arms, and serve as soldiers
whenever the grand council shall find it necessary.
CXVII. A true copy of three FUNDAMENTAL CONSTITUTIONS shall be kept in a
great book by the register of every precinct, to be subscribed before the
said register. Nor shall any person, of what condition or degree soever,
above seventeen years old, have any estate or possession in CAROLINA, or
protection or benefit of the law there, who hath not before a precinct
register subscribed three FUNDAMENTAL CONSTITUTIONS in this form:
"I A. B. do promise to bear faith and true allegiance to our
sovereign lord king CHARLES the Second, his heirs and successors;
and will be true and faithful to the Palatine and Lords
Proprietors of CAROLINA, their heirs and successors; and with my
utmost power will defend them, and maintain the government
according to this establishment in these FUNDAMENTAL
CONSTITUTIONS."
CXVIII. Whatsoever alien shall, in this form, before any precinct
register, subscribe these fundamental constitutions, shall be thereby
naturalized.
CXIX. In the same manner shall every person, at his admittance into any
office, subscribe these FUNDAMENTAL CONSTITUTIONS.
CXX. These FUNDAMENTAL CONSTITUTIONS, in number a hundred and twenty, and
every part thereof, shall be and remain the sacred and unalterable form
and rule of government of CAROLINA for ever. Witness our hands and
seals, the first day of March, 1669.
RULES of PRECEDENCY.
I. The Lords Proprietors; the eldest in age first, and so in order.
II. The eldest sons of the Lords Proprietors; the eldest in age first,
and so in order.
III. The landgraves of the grand council; he that hath been longest of
the grand council first, and so in order.
IV. The cassiques of the grand council; he that hath been longest of the
grand council first, and so in order.
V. The seven commoners of the grand council that have been longest of the
grand council; he that hath been longest of the grand council first, and
so in order.
VI. The younger sons of proprietors; the eldest first, and so in order.
VII. The landgraves; the eldest in age first, and so in order.
VIII. The seven commoners, who, next to those before-mentioned, have been
longest of the grand council; he that hath been longest of the grand
council first, and so in order.
IX. The cassiques; the eldest in age first, and so in order.
X. The seven remaining commoners of the grand council; he that hath been
longest of the grand council first, and so in order.
XI. The male line of the proprietors.
The rest shall be determined by the chamberlain's court.