USA > North Carolina > The history of North Carolina from the earliest period, Volume I > Part 11
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and each individual was to have one vote. The parlia- ment was to be triennial; no proposition was to ori- ginate in it, and its deliberations were to be confined to such objects, as were submitted to its consideration by the grand council.
The grand council was to be composed of the lords proprietors. by themselves or proxies, and the land- graves and caciques. It was invested with the executive powers of government.
Various judicatories were instituted, and an infinite number of minuie regulations made.
The church of England was alone to be allowed a public maintenance by law, but all others were to be permitted the exercise of their particular modes of worship, and to levy contributions on their own mem- bers, for the support of their ministers.
At the end of every century, the laws enacted in the province were to become void, without the formality of a repeal.
These fundamental constitutions, which consisted of one hundred and twenty articles, were declared to be the sacred and unalterable rules of government in Carolina for ever.
It seems to have been a matter of perfect indifference to him who framed, and those who imposed them, whe- ther the people, who were expected to be governed by them, would find them acceptable; nor was it con- sidered, whether they could be compelled to forego for them the form of government. under which they had settled the desert, and in which they might justly deem they had acquired an interest.
The duke of Albemarle was the first palatine ; but he did not long enjoy this dignity. At his death, which
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happened on the 3d of January, 1670, it passed to John lord Berkely; and the other proprietors were also ap. pointed to high sounding offices, and the framer of the new form of government was rewarded with a land- graveship.
Governor Stephens was directed to organize the go. vernment of the county of Albemarle, according to the new order of things. It does not appear, that a similar application was made at the same time to governor Yea- mans, of the county of Clarendon. The people of Albe- marle did not relish the innovation; great murmurs were excited by, and much opposition made to it : dis- - contents daily increased, and the governor never com- pletely succeeded in carrying his orders into execution. A rumor prevailed in the settlement, which although without foundation, was not on that account of less mischief: an intended dismemberment of the province was spoken of. An other, and more real cause of com- plaint existed. The colonists had hitherto disposed of such commodities as they could spare, to the people of New-England, who visited them, while the inclemency of the weather shut their own ports. The proprietors now wished to divert the commerce of this province from this channel and turn it towards England. The small quantity of produce for exportation, which was at any time ready for shipping, the difficulty of the naviga- tion, which precluded the use of large vessels, the in- conveniency of procuring West India produce, if the trade with Boston was abandoned, offered obstacles to a direct trade with the metropolis, which the lords pro- prietors overlooked, but which appeared insurmounta- ble to the colonists.
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On the 29th of July, 1669, the lords proprietors ap- pointed William Sayle, governor of that part of Carolina which lies south-westwardly of cape Carteret; they fitted out two ships, on board of which the new gover- nor sailed, accompanied by Joseph West, who was en- trusted with the commercial affairs of their lordships, who were for some time the only merchants that sup- plied the wants of the colonists ; they employed vessels to carry on a circuitous traffic, for the purpose of pro- curing colonists, cattle and provisions, from Virginia, Bermuda and Barbadoes, and of carrying off the incon- siderable produce of their colony. About eight hun- dred new settlers accompanied governor Sayle, who was amply supplied with provisions, arms, and tools for building and agriculture; he landed at Port Royal, in that part of South Carolina now known as Beaufort dis- trict, and soon after issued writs for clecting delegates to set in parliament. In order to encourage settlers at Port Royal, one hundred and fifty acres were granted to every one, at an easy quit rent : clothes and provis- ions were distributed from the stores of the lords propri- etors, to those who could not provide for themselves: and to secure the good will of the neighboring tribes, considerable presents were made to the Indian chiefs.
A bloody war between the Westoes and the Serannas; two powerful Indian nations in Carolina, was now car- ried on with fury, and proved fatal to both: an event which paved the way to the introduction and establish- ment of the English colony.
The treaty of Madrid, for ascertaining the rights of England and Spain, to certain territories in America, was signed on the 18th of July, 1670 : by the seventh article of it, it was stipulated that the king of England
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should remain in possession of the territory he had before possessed, in the West India islands and on the conti- nent. Prior to this period, nothing is known to have been done to settle the plantations of England in the new world, " The king of England," it is said, " his heirs and successors, shall have, hold, and possess for- ever, with full right of sovereign dominion, possession and property, all lands, countries, and dominions what- soever, which said king and his subjects do, at the pre- sent hold and possess, so that in regard thereof, or upon any color or pretence, nothing ought or may ever be urged, or any question or controversy moved, concern- ing the same hereafter." By the eighth article, it was stipulated, that each party should abstain from the ports, harbors, roads, &c. of the other, but provision is made for hospitality in case of distress.
By the clause of uti possidetis, in this treaty, the English gained, in their opinion at least, a confirmation of their logwood trade, and possession upon the bay of Campeachy, several Englishmen having, for some years before, employed themselves in cutting wood in that country, and a number of them having formed an estab. lishment for that purpose, in the lagune de terminos, whence considerable shipments were made to Jamaica and New-England.
Parliament this year extended the powers of the courts, to order the transportation of offenders to any of the king's plantations beyond sea, for seven years, to the cases of persons stealing cloth from the rack, or em- bezzling the king's stores to the value of twenty shillings. It was made felony for them to return before the expira- tion of their time of exportation. (22. C. 11. ch. 5.)
In the following year, governor Sayle being dissatis- fied with the situation he had chosen at Port Royal, re-
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moved northerly to a neck of land between Ashley and Cooper rivers. Deputies, sent by the lords proprietors to aid governor Sayle in his administration, arrived soon after, and brought twenty-three articles of instructions, called temporary agrarian laws, intended for the equal division of land among the people, and the plan of a magnificent town, to be laid out, on the neck of land be- tween Ashley and Cooper rivers, to be called, in honor of the king, Charleston.
Governor Sayle falling a victim to the climate, Sir John Yeamans claimed the chief command, as vice pala- tine, being the only landgrave or nobleman in the pro- vince : but the council called Joseph West thereto, till the pleasure of the proprietors was known, and in Au- gust (1671) Sir John received a commission, by which he was appointed governor of the southern county. From that period, there remained but two governments in the province; the authority of governor Yeamans was extended to all the settlements in the province, to the south of Cape Fear river. The country having never been accurately surveyed, it was thought more eligible by the planters on Cape Fear and those at Port Royal, to unite in a settlement on Ashley and Cooper rivers, and the foundation of Charleston was laid. The site of the old town formed, in 1805, part of the plantation of Elias L. Horry ; no trace of it was, however, to be seen there, excepting a small bottom running directly across the neck, which is imagined to be the remains of a wide ditch, made to protect the town from the incursions of the Indians. The county of Clarendon lost its name, being divided into four, which, in honor of some of the lords proprietors, were named Berkely, Colleton, Craven and Carteret, and the people, who till now had N. CARO. 20
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been under military government, at this time began to have a constitutional legislature.
The county of Albemarle was at the same time di- vided into three precincts, the eastern was called Carteret, the middle one Berkely, and the western Shaftesbury, in honor of Anthony Ashley Cooper, lately created earl of Shaftsbury.
The following extract of governor Berkely's answer, in June 1671, to enquiries from the committee of the colonies, is a curious specimen of his loyalty : "We have forty-eight parishes, and our ministers are well paid, and by my consent should be better, if they would pray offener, and preach less ; but, as of all other commo- dities, so of this, the worst are sent us, and we have few that we can boast of, since the persecution in Cromwell's tyranny drove divers worthy men hither. Yet, I thank God, there are no free schools, and no printing, and I hope we shall not have these hundred years : for leearn- ing has brought disobedience, heresy, and sects, into the world, and printing has divulged them, and libels, against the best government,"
This year is remarkable, by the discovery of the Mis- sissippi, by father Marquette, a recollect friar, from Canada; he entered it through the river Ouisconsing ; his first trip was up the river, as high up as the falls of St. Anthony; and in company with Joliet, a Canadian tra- der, he descended the river as far as the Arkansas. On his return, he established a mission, having gathered some Indians and Canadians, on the bank of the Illinois river, at a place called the Great Rock, about five leagues above the mouth of the river. This is the origin of the district of the Illinois. The settlement growing nume- rous, the emigrants disagreed between themselves, and a
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colony was settled at Cahokia, on the left bank of the Mississippi, about five leagues below the mouth of the Illinois.
In 1672, William Edmundson, an eminent leader among the Quakers, who had lately arrived from Eng- land to America, with the celebrated George Fox, was despatched from Maryland, as his precursor to the county of Albemarle. He crossed the wide wilderness, which separates the county of Albemarle from the set- tlements of Virginia, accompanied by another man only. They first reached the plantation of one Phelps, a person of his society, who had removed with his family from New England to the precinct of Berkely, and dwelt on Perquiman's river : Phelps' family were greatly rejoiced at their interview, not having seen any leader of this society for several years : this happening on the first day of the week, the neighbors were invited to a reli- gious meeting ; a number of them attended, but the pious guests lamented that many of the congregation appeared to have so little regard for decency, on such an occasion, as to set down, smoaking their pipes, du- ring the silent part of the devotional exercises ; yet they had to rejoice, that when Edmundson delivered his tes- timony, "in the authority of truth," several of them were convinced. This is supposed to have been the first meeting of Friends in Carolina, and there is no evidence that it was not the first religious one of Chris- tians. Edmundson held bis next meeting at the house of Francis Jones, one of the council, who dwelt on the opposite side of the river, and who, pleased with the doctrine of his visitors, joined the society. Meetings were held, before the departure of Edmundson, in other parts of the precinct of Berkely, and in that of Carteret.
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and a quarterly meeting of discipline was established in Berkely, to which the members of the society in the two other precincts were made amenable. The Quakers justly boast, that they are the first body of Christians, who organized a religious government in Carolina.
The maxims of the Spanish government admitting no competition, about what they looked upon as their property in America, the queen regent of Spain pub- lished, on the 22d of June, 1672, a royal schedule, pur- porting that "such as should make any invasion, or trade without license, in any part of the Indies, should be considered as pirates." This schedule was consi- dered by the Spanish officers in America, as inhibiting the English from cutting wood, on the coast of Cam- peachy, and they began to confiscate all English ships found with that article on board.
Complaints being made in parliament, that the pro- duce and manufactures, of the king's dominions out of Europe, were allowed to be carried from the places of their production and manufacture, to any other part of his dominions thence, without duty, to the great in- crease of the trade from one plantation to the other ; and the colonists not satisfied with being supplied with those commodities, for their own use, free from duty, while the king's subjects in England, paid a high one therefor, brought great quantities of them to Europe, and sold them to the shipping of other nations, to the great hurt of the revenue, and the trade of England ; a statute was passed, enacting, that if any vessel, that might legally trade in the plantations, should come to any of them, and take on board any sugar, tobacco, cotton, indigo, ginger, logwood or cocoa nut, without giving a bond for the landing of such commodities in England, Wales or
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Berwick, upon Tweed, a duty should be levied and collected here, in the plantations of the commissioners of customs in England, under the direction of the lord treasurer. Tonnage and poundage duty, had been imposed, and extended to every part of the king's do- minions, on his coming to the crown; but this is the first instance of the imposition of customs, on the colo- nies alone, to be levied by colonial revenue officers.
On the 28th of May, war was proclaimed in England, against the Dutch.
The causes of this war were stated to be the nonexi- cution of the treaty of Breda, concluded in 1667, the re- fusal of the Dutch, to lower their flag before English ships ; the continuance of their fisheries on prohibited coasts ; the publication of injurious falsehoods, and of paintings and medals by order of the States general.
In the spring of the following year. the States general fitted out a small armament, under the orders of com- modore Binkes, to destroy the commerce of England and America. After having burnt most of the ship- ping in Virginia, the commodore hearing of the de- fenceless situation of New York, determined on im- proving the opportunity of reducing again that pro- vince, to the obedience of the States general. On the 30th of July, he reached Staten island, where he was met by an officer, sent by the commander of the fort, who offered to treat for a surrender, and on that very day the Dutch squadron moved under the fort, landed their troops, and took possession of it, without firing a single gun. The city surrendered at the same time, and shortly after, the whole province was under the domi- nation of the Dutch.
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The Spanish commander at the fort of St. Augus- tine, hearing of some dissention in Sir John Yeamans' government, despatched a small armed party, who ad- vanced to, and took possession of the island of St. Hel- ena, dislodging the settlers. Governor Yeamans sent fifty volunteers, under col. Godfrey, who compelled the Spaniards to evacuate the island.
The people of New Jersey refusing to pay quit rents to the proprietors, an attempt was made to compel them, whereupon they took arms, assumed the govern. ment, and compelled Philip Carteret, the proprietors' governor, to return to England.
Charles IJ. attempted to assume the sovereignty of St. Vincents, and the neighbouring island, St. Lucia Dominica and Tobago; great contention prevailed between England and France, till 1748, when, by the treaty of Aix la Chapelle, they were declared neutral.
The population of the Carribean islands, in the posses. sion of England, being greatly increased, they were formed into two distinct governments ; the principal officer of the first was directed to reside at Antigua. Besides this island, he had under him those of St. Kitts, Nevis, Montserrat and the Virgin islands. The princi. pal officer of the other, was directed to reside in the island of Barbadoes ; besides this, he presided over the islands of St. Lucia, St. Vincent and Dominica.
Martinico being infested with run away negroes, a treaty was made with Francisgel, a negro of Mr. Faler- bert's, chief of a band, in which it was stipulated, that he should have his freedom and ten acres of pasture, and that some of his band should be chastised.
A party of Dutch buccaneers, who were settled at Tortola, were driven out by a stronger party, who
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called themselves English ; and soon after, Tortola and its dependencies, (the Virgin islands) by a commission granted by Charles II. to Sir William Stapleton, were annexed to the leeward island government. The Dutch had done little towards the cultivation of the island, at the time they were expelled.
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In the year 1674, governor Yeamans, reduced to a feeble . late of health, by the warmth of the cli- mate and bis labor for the prosperity of the colony, committed to his care, returned to Barbadoes, where he soon after died. He was succeeded in the government by Joseph West, who, we have seen, was the commercial agent of the lords pro- prietors. This part of the province had, at this time, its governor and grand council, and the free- holders having now chosen their representatives, the three branches met in parliament, and for the first time legislative acts were passed, which, being afterwards ratified by the lords proprietors, the government was thus organized in this part of Carolina, a little more than five years after the adoption of the constitution proposed by Locke.
About the same time, governor Stephens also died, and the assembly of the county of Albemarle called Cartwright, their speaker, to the chief magistracy "till orders should come from England." The ill humor, which had been excited by the attempt to establish the government modelled by Locke, had not subsided. Governor Stephens had been disappointed in his hopes of executing in this
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respect, the orders of the lords proprietors, and the new administration was not more successful.
The lords proprietors sent vines and other use- ful plants to their province, with persons skilled in the culture of them.
On the 9th of February, a treaty of peace, be- tween England and the States General, was signed at Westminster: by the sixth article, New Nether- lands were restored to the English, and Surinam to the Dutch. The duke of York, having obtained a new patent, in order to remove any difficulty, des- patched Edmund Andros to receive possession for him. In the month of October. the Dutch troops evacuated the country, and Andros, who was appointed governor for the duke of York, took possession of it, as far as the Delaware.
Philip Carteret, the governor of New Jersey for the proprietors, returned this year, and the people being satisfied with some new arrangements, made in England by the proprietors, submitted to the government.
The year 1675 is remarkable for the commence- ment of a long and tedious war, commonly called king Philip's war, which during that year, and part of the following, greatly distressed the people of New England, and which did not finish till the death of that chief. Six hundred of the whites were either killed in battle, or murdered by the savages : twelve or thirteen towns, and above six hundred buildings, chiefly dwelling houses, were destroyed. It entailed a tremendous debt on the colonies, while it alinost totally destroyed their means of meeting it.
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. Before this war, the jealousy of the merchants of London, had induced complaints againt the people of New England, whose growing commerce began to be viewed with alarm. It was represented at home, that they not only traded to most parts of Europe, but encouraged foreigners to go and traffic with them; that they supplied the other plantations with commodities, which they should receive from England alon"; that Boston, having then become the great entrepot of the colonies, the navigation of the kingdom was greatly prejudiced, the national revenue impaired, and the people empoverished; that these abuses, at the time that they actually destroyed the trade of England, would leave no sort of dependence of the colonies on the mother country. The governors of the colonies were now charged, strictly to enforce the navigation act, and it was determined that "no Mediterranean pass should be granted to New England, to protect its vessels against the Turks, till it was seen what de- pendence it would acknowledge on his majesty, or whether his custom house officers would be re- ceived, as in the other colonies." This demonstra- tion of the wrath of the parent state, at a moment when the colony smarted under the stings of war. did not depress the spirits of the people of New England. That spirit of resistance, which had began to manifest itself, continued active, and dur- ing the following century vigorously defended, and at the end of that period victoriously asserted, the independence of the people.
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While the flames of war were thus raging in the East, a spirit of insurrection awoke in the South.
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Nathaniel Bacon, a bold, seditious, and cloquent young man, who had been some time in Virginia, and had already rendered himself remarkalle as the fomenter of opposition to governor Berkely, improving the opportunity, which an attack of the Indians on the western settlements presented. offer- ed himself as a leader to the party opposed to Sir William; they chose him for their general, and he headed six hundred of them into Jamestown. With this force, he surrounded the capitol, in which the legislature was in session, and compelled that body to recognize him as the legal commander of the troops under him. He led them out towards the Indians, but on his way was overtaken by a pro- clamation, issued by the governor after his depart- ure, in which he was denounced as a rebel and a traitor. Roused to indignation. the popular chief marched back to Jamestown. The legislative body was now adjourned, and the aged royal chief, alone and unsupported, deemed it impossible to withstand his opponent, and made a precipitate retreat to the eastern shore, where he called his friends to his aid. Re-animat d by the collection of some forces, he advanced with them towards the insur- gents. In various skirmishes, cach party obtained occasionally some advantage. Bacon's men, exas- perated by the opposition, became guilty of those excesses always attending popular commotions : they set fire to Jamestown, laid waste the estates of those who adhered to the governor, and forcibly carried away their women. Forced to retaliate, Sir William ordered court martials to pass on some prisoners he took, and several underwent capital
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punishment; the estates of others were confiscated. The two parties were about totally to destroy each other, when Heaven put an end to the dire calamity by the sudden and natural death of Bacon.
When the news of this civil war in Virginia reached England, the ministry thought it prudent to send over troops, to check this incipient spirit of insubordination in America. Sir John Barry was , despatced with a small fleet, on board of which was embarked a regiment of infantry. This is the first instance of English troops being sent over to America, to enforce submission to government.
While New England and Virginia were thus dis- tracted by war and internal commotions, the county of Albemarle was far from enjoying perfect tran- quility. The dissentions, which the attempt of governor Stephens to establish Locke's form of government, had excited, were not yet allayed, and the temporary and precarious authority which his successor exercised, had proved insufficient for the restoration of order. In the beginning of this year, finding his administration unlikely to be productive of much credit to himself, or advantage to the lords proprietors, he determined on a voyage to England, to lay before them the state of the country, leaving its affairs "in ill order and worse hands."
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