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REYNOLDS HISTORICAL GENEALOGY COLLECTION
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À CHADCER
IN THE EARLY HISTORY OF
SOUTH
AROLINA.
BY
WM. J. RIVERS, A. M ..
Author of " A Sketch of the History of South Carolina to the close of the Proprietary Government by the Revolution of 1719."
-
A CHAPTER
IN THE EARLY
10
HISTORY OF SOUTH CAROLINA.
BY
WM. J. RIVERS, A. M.,
Author of " A Sketch of the History of South Carolina to the close of the Proprietary Government by the Revolution of 1719."
CHARLESTON, S. C .: WALKER, EVANS & COGSWELL, PRINTERS, Nos. 3 Broad and 109 East Bay streets. 1874.
.
F 866.74
1705155
To Professor F. A. Porcher, President of the South Carolina His- torical Society :
DEAR SIR :- In presenting to you and to the Society this small contribution to your valuable collections, I desire to erince my appreciation of your disinterested efforts to pre- serve authentic materials for the history of the State. The ensuing chapter was written long ago, and is published now solely on account of the appended papers, some of which are important and of which, I believe, no other copy exists in this . country.
On page 164 of the volume I ventured to publish, an error occurs which I take this opportunity to correct. I was per- mitted by Hon. George Baucroft to use several volumes of abstracts from official records in London made by. Chalmers, . anthor of the " Political Annals" of the Colonies, in prepa- ration for that work. Having carefully collated these abstracts, with entire copies of some of the same records which I had obtained from the State Paper Office, and having found them in all cases correct and trustworthy, I credited them in some instances where I lacked other material ; and adopted his words " the excellent system of Locke," in allusion to the Fundamental Constitutions. I have since obtained the exact words of the instructions of the Lords Proprietors to Ladwell, 12 April, 1693, (p. 230, vol. 3, N. C. B. T.) which are as follows: " Wee take notice that there is a Comittee apointed to draw up what they would have for a system of Governm' for the future, but of what use that can be, unless to expose their weakness, and make them sensible of their owne folly wee know not, for since they have so disrespectfully refused that excellent systeme wee offered in our Constitutions, wee have thought it best both for ourselves and them to governe by all the powers granted us by. our Letters Patent," &c ;- signed by Craven, Ashley, Colletou and Amy.
I have been informed that it was the intention of the present . Lord Shaftesbury, to give to the London Record Office a volume of MS. letters of the Earl of Shaftesbury, relating to Carolina affairs. Permit me to suggest to the Historical Society to
4
PREFACE.
secure a copy of these letters, or as many of them as we do not already possess, They may serve to explain, besides more im- portant matters, the share (if any) which the practical states- men bad in framing the curious system of government which we generally attribute to the philosopher. .
Very truly, yours.
Washington College, Md.
WM. J. RIVERS.
CHAPTER XI.
The Revolution of 1719 continued-Delay in extending the Royal Government over the Colony-Measures of the Revo- lutionists in maintaining their authority-Ineffectual efforts of Johnson to regain the Government for the Proprietors- The Revolution completed-The form of the New System of Government-Condition of the Colony at that Period.
We have seen in the preceding narrative that the newly elected Assembly resolved themselves into a Convention to accomplish the revolution. the peo- ple having previously, through secret associations, pledged themselves to their support. The Con- vention issued a proclamation authorizing all officers, civil and military, to continue in the discharge of their duties till further orders from them. Governor Johnson was solicited to renounce the interests of the Proprietors, and retain his office in the name of the king. Upon his refusal to do so, James Moore was chosen in his stead, and inaugurated on 21st De- cember, 1719, to act till His Majesty's pleasure could be known .* A council of twelve, after the model of the Royal Governments in the American Colonies, was appointed in place of the old council. The Revolutionary Convention then resumed its functions as a Legislative Assembly, and proceeded to enact such laws as the state of the Province required t
A vessel being ready to sail for England, the new Council and Assembly, on 24th December, addressed
*See the Declaration of the Convention, Hewit, I Carrol!' Collections, p. 241.
+See I Stat. 57, and 2 Carroll's Coll. p. 183.
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EARLY HISTORY OF SOUTH CAROLINA.
a letter to the Board of Trade, explanatory of their action in throwing off " the confused, negligent and helpless government of the Lords Proprietors." We need not here repeat the details given by them in justification of their conduct.# Besides the letters received by the Board directly from the Revolu- tionists, Mr. Boon, who was in England as agent for the Colony, presented a statement of grievances, together with arguments against the continuance of the Proprietary Government. With equal activity, Governor Johnson; and a few other adherents of the Proprietors, were sending adverse communications with the hope that the old form of government would be upheld or re-instated. The Lords Commissioners for Trade and Plantations had no power officially to recognize the new government. They endorsed the communications from the existing authorities as from "Col. Moore, pretended Governor"-" the new pre- tended Council and Assembly"-" from the persons who have taken upon them the government of South Carolina."
The revolution, notwithstanding the unanimity of the colonists, was not yet complete. Its successful termination depended on the arbitrament of the British Government. If this arbitrament should not be in favor of the Colonists, and should not annul the charter, the rightful authority over the Colony .must continue to emanate from the Proprietors. . It could hardly be expected that they, who had held power for fifty years. and whose personal interests were involved in the decision, would yield till after a
*Appendix Nos. 1, 2, and 3.
¡See his letter, Vonge. 2.Carroll's Coll. p. 184. .
EARLY HISTORY OF SOUTH CAROLINA,
strenuous effort to retain the administration of Colo- nial affairs. King George was at this time absent in Germany. Appeals from the Revolutionists to the Regency in England, if successful at all, would prob- ably result only in provisional measures for the imme- diate relief and safety of the Province as a matter of necessity, leaving the Proprietary Charter to be revoked by legal process or surrendered on terms by the claimants under the original grant.
Great anxiety was therefore produced by the delay in the mother country to sanction the Revolution. But the Assembly in Carolina steadfastly pursued its policy. To hold office under the new government. it was necessary to renounce the cause of the Pro- prietors .. One of the first removals was that of Chief Justice Trott, to whose office Richard Allein was appointed. No one exercising authority in the Province was permitted to be neutral.#. There was,
*I find no official records of the Revolution for December and January. Yongo, in his " Proceedings of the People," &c., 2 Carr. Coll., and Hewit, 1 Carr Coll., must have had access to papers of this period not novasto be found among our State records, and which probably do not exist in London, as my inquiries, through an agent, have failed to discover them there. I suppose the same Representatives elected to conduct the Revo- lution continued as the Commons House of Assembly until the new election in June, 1721. Their Journals remaining to us begin February, 1720, and the following names are recorded : Thomas Hepworth, Speaker; Col, Geo. Logan, Col. Jno. Fen- wicke, Maj. Arthur Hall, Daniel Hager, Capt. Roger Moore, Geo. Smith, Capt. Jno. Gendron, Paul Hamilton, Andrew Allen, Richard Smith, Capt. Christopher Wilkinson, Maj. Jonathan Drake, Arthur Middleton, Capt. Benjamin Waring. Wm. Cattell, (appeared and qualified from St. Andrews, February 9th,) Alex. Skene, Sam'l Jones, Cant. Walter Izard; at the meeting, March 8th, occur the additional names of Capt. Wm. Dry, Win. Elliott,
8
EARLY HISTORY OF SOUTH CAROLINA.
however. a marked exception in the case of the Comp- troller and the Surveyor-General, whose continuance in office was not disturbed, as they were the custo- dians of the pecuniary interests of their Lordships, against whose political power and control the Revo- lution was directed, not against their property or emoluments under the charter.
While thus guarding their authority at home, the Assembly and Council were not negligent in securing in England a favorable representation of their actions. Mr. Boon was instructed to act separately from Mr. Tryon, the other agent of the Colony, if the senti- ments of the latter should lead him to countenance the cause of the Proprietors. Col. Barnwell was sent to join Mr. Boon, as special agent, to lay before His Majesty the grievances of the people and to im- plore his protection.
The Act and Declaration of 23d December, " for Peter Johnson, Jno. Stanyarne Ralph Emms, Capt. Richard Harris; at the meeting in June, also, Capt. John Raven, John Ouldfield, Wm. Wilkins, Col. Apsaham Eve, John Williams; at the meeting in Angust, also, hugh Hext; in November, also, Henry Houser and John Godfrey. These make but thirty- three; according to the Election Act of 1719, there should be thirty-six members.
Of the members of Council who served under James Moore, as Governor, in December, 1719, the following names occur : Sir Hovenden Walker, President; Richard Allein, Sam'l Eve- leigh, Geo. Chicken, Thos. Smith, Alex. Parris, Richard Berres- ford: in January also, Jos. Morton, Thos, Waring, B. Schenc- kingh, Sam'l Priolenu, (see App., Nos. 1 and 2.) If on the authority of Yonge, (the Surveyor-General,) we add the name of Jno. Lloyd, it will complete the number of councillors. Maj. Wm. Blakeway was Clerk of Council. The Journals of Council remaining to us begin in June. 1721, with Nicholson as Gov- ernor, and a new Council whose names are recorded.
EARLY HISTORY OF SOUTH CAROLINA.
preventing all doubts and scruples " concerning the legality of the power of the new government, did not prevent, it seems, the occurrence of such doubts among the timid, the ignorant, and the desponding. There being no intimation that the King's Council would sanction the extraordinary proceedings of the Colonists, the minds of many began to waver; and when six months had now passed, and the Royal pro- tection had not yet been extended over them, and when adverse rumors began to be spread in the Pro- vince by adherents of the Proprietors, the Assembly endeavored again to support their officers and to allay the uneasiness of the people by a law# defining their position, declaring all participators in the late Revo- lution justified and indemnified, and protecting their officers for all acts done, and to be done, in pursuance of the powers granted them.
During this state of anxiety and uncertainty, an attempt was made by the late Governor to regain his authority. At the breaking out of the Revolution, so general had been the combination, so unimpeded its success, and, at the same time, so undiminished had been the good will of the people and of their leaders towards their late Governor, that it seemed" to the Proprietors improbable that he could have. been, (as no doubt he was, ) entirely ignorant of the schemes of those who had by one blow wrested all power from his hands and completely overthrown the government.+ But though the Proprietors treated the letters of Governor Johnson with silence and
*June 17, 1720. See 1 Stat., p. 58.
+Yonge states that the Governor was ignorant of these schemes. Proceedings, &e., 2 Carr. Coll., pp. 161, 1-3.
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EARLY HISTORY OF SOUTH CAROLINA.
neglect, he did not abandon their cause. His first effort to keep alive their power was directed against the merchants and ship-owners. As ship and cargo might be forfeited by illegal clearances, he appealed* to Colonel Rhett, the Comptroller of the Customs, to stop the necessary papers from the Custom House unless masters of ships would recognize himself as the lawful Governor, and pay their fees to him, and not to Governor Moore. Having failed in this, his next effort was with the Assembly. As we before mentioned, the Revolution had been consummated at a fortuitous moment when the militia were mus- tered at Charleston for review, in anticipation of an invasion by the Spaniards. It now became certain that a fleet was collected ready to sail against either South Carolina or the Island of Providence. Though its precise destination was unknown, Governor Moore prepared for an attack. Martial law was proclaimed. The militia were again in arms at Charleston.+ At this juncture, Johnson addressed a noble appeal to the Assembly to permit him to lead the forces, for danger threatened, a conflict was imminent, and in virtue of the commission he held. he ought to bear, at such a crisis, the responsibility of the safety and welfare of the Province.t Having failed likewise in this, his last effort was a resort to force. To defray the public expenses, which had been greatly aug- mented by the necessity of fortifying Charleston against the threatened invasion, a tax of £30,000 was levied on lands and negroes. The tax upon his own
*See his letter, Yonge, 2 Carr. Coll., p. 185. +Appendix No. 4.
tSee this appeal, Hewit, 1 Carr. Call. p. 247.
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EARLY HISTORY OF SOUTH CAROLINA.
property under this law, Johnson refused to pay, as not levied by lawful authority. By his advice and encouragement, about one-third* of the people refused or neglected to pay the tax until executions were issued against them. Besides this apparent defection, the fact that the clergy refused to perform the marriage ceremony without the regular license from him, in accordance with established forms, must have encouraged in his mind a belief that a party existed secretly opposed to the policy of the Revo- lutionists, and preferring to yield to him as Governor of the Province. But it was not till he received aid from the crews of several English men-of-war that he formed the plan of seizing the government. The Spanish fleet had not approached Carolina, but had invaded the Island of Providence, had been repulsed there by Governor Rogers, and on their return had been scattered and disabled by a storm. After this event the Flamborough, Capt. Hildesley, returned from Providence to. Charleston, and the Phoenix, Capt. Pearce, happened also to arrive. Johnson was induced, principally, it appears, by Capt Hildesley, to demand the government from Col. Moore.+ "Two of H. M. ships of war," says he, "being now in the harbor, and the commanders sensible of the diffi- culties I have labored under, as well as the whole country, by your unjust usurpation of the govern- ment, have therefore resolved to assist me with all their forces to re-assume the same." This was on the. 9th May, 1721. Information from the Agents in Lon- don had already been received by the Revolutionists
*House Journals, No. 5. ¡See Appendix, Nos. 5, 6, 7, and 8.
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EARLY HISTORY OF SOUTH CAROLINA.
that the Regeney had determined to protect the Colony. and that General F. Nicholson had been appointed Provisional Roval Governor; and this news had been publicly communicated to the people, to quiet their minds and frustrate the designs of Cant. Hildesley.
Johnson and Hildesley, however, having matured their plan. appeared before the town with about 120 men, the greater part of whom were sailors from the Flamborough. The forts opened fire upon them. Whereupon Capt. Pearce, of the Phonix, was deputed as mediator, who. with a number of Johnson's Council, proposed terms of settlement. The terms being re- jected, Johnson requested to see the orders of the Regenev, and the letters from Mr. Boon and Colonel Barnwell. As soon as these were read by Johnson. he disbanded his men and gave up all further moles- tation of the existing government.
The Revolution was now complete. No bloodshed, no brutal violence characterized the movement. A total change in the government had been effected. The people, as a mass, seem to have been actuated by noble principles in throwing off the feeble. inefficient and often tyrannical management of the Proprietors. for the sake of promoting the safety and prosperity of the Colony, and of securing justice and freedom for themselves and their children. They had rid themselves of the charter and the intolerable incubus of Proprietors, as they had before thrown off the shackling restrictions of the Fundamental Consti- tutions. No longer subject to an intermediate poweri they stepped forth, as it were, into the unimpeded light of English constitutional liberty. - It was a step forward, apparently nearer to the king, but, in re-
13
EARLY HISTORY OF SOUTH CAROLINA.
ality, nearer to the full enjoyment of English rights and privileges. With the movement was engendered an increased jealousy in watching over their inner national development, and in directing the peculiar elements of their remote colonial position to the ex- pansion of their own power and prosperity. There is much also to admire in the conduct of those to whose decision the Colonists appealed. A powerful government had long desired the removal of a feeble barrier to its dominion over an immense territory. But without grasping at the prize, without thrusting aside the rights of the delinquent Proprietors, it ex- tended only a temporary protection over the Province. and waited till it was calmly determined how and for what the Proprietors would relinquish their claims to the large territorial property from the Atlantic to the Pacific, granted by the charter of Charles II. The relinquishment was not effected till 1729, and an eighth part was then still reserved to Lord Carteret, who was unwilling to surrender his title .*
Although in this long interval efforts were made by the Proprietors to retain their charter, there was in Carolina no general expectation that the political authority over the Province would ever revert to them. It was, however, a matter of some doubt at the time when the Revolution against the Proprietary Government was first effected, and there was an ur- gent necessity, both for the contentment of the people and the security of the Province, that the Roval pro- tection promised them by the Regency should, as soon as possible, be put into active operation. The
*See the art for surrender of the Proprietary title. 1 Stat. at Large, p. 60.
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EARLY HISTORY OF SOUTH CAROLINA.
arrival of the Provisional Governor. General Nichol- son, was anxiously looked for. His commission is dated 26th September, 1720. He arrived in the Col- ony 23d May, 1721, and was received with great rejoicing by Governor Moore, by the Assembly and by the people.
Before we narrate what occurred under the admin- istration of Governor Nicholson. let us notice the principal features of the new method of government. The instructions to Governor Ludwell. dated Sth November, 1691, with the additional clause to Gor- ernor Smith, in 1693, were the rules of government or constitutional forms adopted by the Proprietors when their Fundamental Constitutions were laid aside. The instructions to Governor Nicholson. of August. 1720, embracing 96 articles." form the basis of the Royal method of government which supplanted the Proprietary system, and continued in force, with some modifications, during the second period of our history, from the Revolution of 1719 till the Revo- lution for Independence in 1776. The following is a synopsis of the principal articles of the instructions to the first Roval Governor.
He selected his council, twelve in number, and transmitted their names and qualifications to the King's Council in England for approval. He made known to his councillors his commission, admin- istered to them the oaths of office usual in the mother country, and required them to subscribe the decla-
*See the instructions to Ludwell and Smith, and those to Nicholson in Appendix Nos. 0, 10 and 11. For the first con- stitution adopted by the people in March, 1776. superseding the Royal Government, sce 1 Start. at Large, p. 128.
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EARLY HISTORY OF SOUTH CAROLINA.
ration of religious faith. He informed them of such portions of his instructions as it was necessary for them to know. They had freedom of debate and vote on all measures discussed in council. Five was a quorum, except in extraordinary emergencies, when three might act with the Governor, if more could not be assembled. As they were nominated by the Gov- ernor, so they could be suspended by him, and even without consultation with the rest of the council, if he thought his reasons for the suspension ought not to be communicated to theni.
In case of the death or absence of the Governor, if no commissioned Lieutenant-Governor were in the Province, the eldest councillor, as president, acted in his stead; but could pass no act not immediately necessary, without His Majesty's order for that pur- pose. Copies of all Acts, of the Treasury Accounts, of the Journals of the Council and of the Assembly were regularly transmitted to England. No public money could be issued or disposed of but by the Governor's warrant, with consent of the council; but the Assembly were permitted "from time to time to view and examine the accounts of money, or value of money, disposed of by virtue of laws made by them."
The members of Assembly were elected only by freeholders. Laws of unusual or extraordinary na- ture and importance,, or those repealing previous Jaws approved in England, could not be enforced till the King's approbation was given. The enacting clause was " by the Governor, Council and Assembly." The members, (as likewise judges, justices and every person holding any office or place of trust or profit in the Province,) were required to take the same oaths
16
EARLY HISTORY OF SOUTH CAROLINA.
as the councillors. The Assembly could bestow no gift or present upon the Governor. He was entitled only to a stated salary, as were also the other officers of government. In regard to the claim of certain privileges by other Assemblies in the Colonies, the Governor was instructed, "if, upon your calling an Assembly in Carolina, you find them insist upon any of the above privileges, you are to signify to them that it is His Majesty's express will and pleasure that you do not allow any protection to any member of the Council or Assembly further than in their persons, and that only during the sitting of the Assembly, and that you are not to allow them to ad- journ themselves otherwise than de die in diem, except Sundays and holidays, without leave from you or the commander-in-chief for the time being first obtained. And that the Council have the like power of framing, mending or altering money bills as the Assembly. And you are hereby expressly enjoined not to allow the members of Assembly in Carolina any power or privilege whatsoever, which is not allowed by His Majesty to members of the House of Commons in Great Britain.
No new courts could be formed without the King's especial order. Judges and other officers of justice were not to be displaced except for good and sufficient reasons, and their commissions were not to be limited in time. No man's life, member or property could be taken but by known laws, and such as were not repugnant to the laws of England. Justice was not to be delayed or partially administered. Appeals in certain civil cases could be made to the Governor and Council, and from them to the King.
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EARLY HISTORY OF SOUTH CAROLINA.
Liberty of conscience was granted, except to Panists. The Episcopal was the established Church under jurisdiction of the Bishop of London, by whom or by the Governor, schoolmasters also were licensed to teach.
The inhabitants were to be armed and trained. and an account of the defensive state of the Province and the strength of the neighboring Indians and Euro- pean settlements was required to be sent to England. But care should be taken to have justice done to the Indians and to secure their friendship. It was also enjoined upon the Governor to send maps of the Province and its fortifications; a list of all officers and offices, and the expenditure of each, and statistics of the inhabitants, men, women and children, free and slave, their vearly increase or decrease, and the number able to bear arms ; also of all persons born, christened and buried.
Trade was to be encouraged, particularly that of the Royal African Company. " And as His Majesty is willing to recommend unto the said company that the said Province may have a constant and sufficient supply of merchantable negroes, at moderate rates, in money or commodities, so you are to take especial care that payment be duly made, and within a com- petent time, according to their agreement;" and to this end courts of justice were to be frequently held, that all His Majesty's subjects, and " particularly the Royal African Company, and others trading to Africa," might have the benefit thereof and meet no undue hindrance in the recovery of their just debts.
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