USA > South Carolina > A chapter in the early history of South Carolina > Part 3
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We have proposed, and we support this Bill from no " sinister motive, no affectation of popularity, no prejudice to any set of men, no interest distinct from the people we represent, nor opposite to the interest of any person of any degree or employ- ment whatever, who regulate their actions by reason and justice. None of these, we say, have been the parents of this Bill, nor would any member of this House be a patron of it, if it dis- covered the remotest token of such a descent."
The paper money issued by the Assembly, in times of exi- gency, had reached an amount not easily cancelled by taxation, while the annual taxes for supporting the government and pro- tecting the Province were as much as the people could well bear. The depreciation of this currency, the clamors of mer- chants at home and in England, and the consequent interference of the Proprietors, and afterwards the King, that they should issue no more, but redeem what was already outstanding,-the small amount of coin at any time in the Province, because their paper money was not wanted abroad while the importation of slaves and manufactures kept the balance of trade against them -the necessity of making rice, pitch and tar a medium of ex- change and a legal tender, if they cancelled their currency- all this occasioned great financiering to preserve the public
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EARLY HISTORY OF SOUTH CAROLINA.
credit, keep a currency afloat and pass on the ancestral burden of' the public debts to the next generation. The Assembly had formed a plan that in their judgment was admirably good, Royal Instructions being no bar to it; and the people warmly supported them because the plan seemed to promise some in- definite way for every man to pay his private debts, while the taxes also were not increased. Since we have digressed from our narrative in making these remarks, we will add that though the Council's opposition thwarted the Assembly's policy at this time, it was so far successful under Governor Johnson in 1736, that the issue of paper bills of credit was largely increased ; but Middletou and others of the Council protested, even then. against the acquiescence of the majority. This protest may be , seen in Ramsay, vol. 2d.
After the unanimous rejection of their Bill, the Assembly called on Council for a proposition, on their part, for the relief of the people in this matter. With great shrewdness they replied, we will pass your Bill with a saving clause to make the enactment dependent on the concurrence of the King. The Assembly now concluded that they could not pass an Act to raise supplies for the support of the government-but proposed to devote to this end the funds already appropriated for the ex- pedition against the Creek Indians; the saving clause in their Currency Bill had been cmitted, they said, because its provisions were of immediate necessity, not because they doubted his Majesty's concurrence. Middleton was glad they had at length acknowledged their duty by some means to furnish supplies, but they had not taken the right course. He declines to divert the appropriated funds from their proper object. Committees of Conference were now appointed ; that from the Council with special instruction to consent to no Currency Bill without the saving clause. Seven Bills were agreed upon, one to make the currency of the Province £140,000 (£20,000 sterling ;)-another, to promote the currency of silver ; another, to raise the neces- sary supplies. But while Middleton and the Council were anxious to despatch the Supply Bill, the Assembly were equally anxious first to despatch the Currency Bill. The Council took it up and rejected it; its saving clause having been altered or omitted by the Assembly. Fourteen weeks of the session had now elapsed. On the 11th May, 1728, when both Houses were
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doubtless weary with unprofitable work, their disputes were terminated for the time by Mr. John Brown, Messenger of the Assembly. He was sent to arrest the Chief Justice for not attending the House to answer for refusing the Habeas Corpus to Landgrave Smith. Mr. Brown with his rod of office, rudely opened the door of the Council Chamber, and without addressing any one, went up to the Chief Justice, who was engaged before the Council, and handed him a paper. The President asked, "what he wanted? and how he durst open the door and come into the Council Chamber without leave ?" He answered, "he had a warrant for taking the Chief Justice. Whereupon the Honorable, the President, bid him get him down stairs, which he not readily complying with, the President took him by the sleeve and turned him out of the room."
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The Hon. Mr. Izard immediately drew up this paper : " It is with the utmost concern to us of his Majesty's Council, to find that after a long and tedious attendance at the Board for the space of fourteen weeks, the Lower House of Assembly have taken no steps, either for guarding the Southern frontiers or for the support of his Majesty's Government, the chief end for which they were called together, and which your Honor chiefly recommended to them in your speech at the first opening of the sessions. That, notwithstanding your Honor has so often repeated to them the ill consequences of their neglect in not providing for the security and support of this Province and his Majesty's Government here, yet still there is not the least pros- pect of their inclination to pay any regard or obedience to what is so recommended to them, unless we do agree with them to pass unwarrantable laws, whereby the trade of this Province, and the property of his Majesty's subjects are greatly affected, and expressly contrary to his Majesty's instructions.
" That ever since the meeting of this Assembly, H. M. Council have been ignominiously treated by the Lower House, in their insulting messages, for refusing our concurrence to such laws whereby they took upon themselves to settle the price of foreign coin in America, with a non obstante of any law to the con- trary, when, at the same time, we gave them notice of the Statute of the sixth of her late Majesty, Queen Anne, extending to all his Majesty's Plantations; at other times, to settle the course of Exchange by Act of Assembly ; and, at other times,
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to set a value upon private debts, and giving the debtors liberty to pay their creditors in what specie they please," &e. The Assembly was then unanimously dissolved, and proclamation thereof made at the usual places in Charles Town, with the beating of the drum.
On the 19th July, a new Assembly convened, consisting chiefly of the old Representatives whom the people thought fit to re- elect. Col. Dry was again chosen Speaker; and made the same opening speech, only " demanding " this time a conservation of their privileges. The President rejoined he would not invade their's, and " desired them not to invade his." But do pass the Tax Bill for supplies; the garrisons need their pay; the men at Fort Moore have already given notice of quitting, and, if not paid. the other garrisons will follow their example. The Lords of the Admiralty in England contemplate making Port Royal a place of rendezvous for H. M. ships-of-war. Do what- ever is necessary to assist in the survey of that harbor, and never mind the currency ; I have news that a Governor will soon be appointed, who will doubtless have instructions to settle that matter. The ob lurate Assembly were of the opinion that it was "absolutely necessary " to settle it now ; and sent up a " Bill to establish a sufficient fund of gold and silver, and also to call in and sink the paper currency of this Province," which the Council immediately rejected. Several members of As- sembly, from the excessive heat of the season, were sick, and the rost requested un adjournment till September. This was refused ; they must first pass a Tax Bill. But more members were taken sick. One of these was prevailed on to stay, to make their number nineteen-a business quorum. They then adjourned themselves to 22d. On that day, only the Speaker and two members met. By the 25th, they all dispersed. As this seemed to be "on set purpose," the President dissolved the Assembly, and new writs were issued, returnable 17th September.
At that dato, the people sont back chiefly their old Repre- sentatives. But day after day passed, and a sufficient number not assembling to make a House, the President. prorogued them to the 6th November. When that time came, the members were reluctant to leave their harvesting, and were prorogued to the 20th, on which day "several " met, and requested an adjournment. Tho President " was sorry he was obliged to
3
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spend so much of his own and the Council's time to so little pur- pose. He had waited all this week, and would still wait till to- morrow noon-tido, to see if the gentlemen would come to town to attend their duty." November 23d, " there being no appear- ance of the meeting of the Lower House this morning, but in- stead thereof, several members, who were in town, took horse and went away," the dissolution of this Assembly was conse- quently ordered. New writs issued, returnable January 15th, 1729.
On account of the "extreme coldness of the weather " the new Assembly did not meet till the 1Stb. The same members were sent and the same Speaker chosen who made the same opening speech. The President took exception to the word " demands;" thinks "requests" would be better. He cannot allow "demanded" to be again used without expressing his dislike of it. His last dissolution of them was with the hope " the people would make such choice of gentlemen to be their Representatives, as would duly meet to raise necessary supplies for the support of his Majesty's government, which had been too long neglected, and for no other reason but out of humor and caprice of those that have been chosen from time to time." He requests them to raise supplies, for some of the officers of government have been two years without pay. The Assembly reply, what preceding Assemblies did, is not before us for com- ment. We suppose they had good reasons for their conduct. We are ready to join you in any measures necessary for the welfare of the Province. They soon sent up a Bill to "en- courage the importation of silver and gold, by making both current in all payments." This was unanimously rejected by Council, with the following message, signed by Mr. Izard : " Mr. Speaker and Gentlemen: We cannot but take notice that not- withstanding you are sufficiently apprised by his Honor, the President's speech, that there has been no provision made, or supplies granted to his Majesty for the support of his govern- ment, for near these two years, you are pleased to answer that that part of his Honor's speech related to former Assemblies, and no ways laid before you. And as to the latter part of bis Honor's speech which more closely presses you to enter on the consideration of it, you answer in general that you shall spare neither pains nor application in considering of what is just and
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equitable to be offered for the general good. The first instance you give of it is to send us a Bill, entitled, a Bill to encourage the importation of silver, &c .; whereas the statute of the sixtu of Queen Anne, (as appears by the preamble of it) was made of set purpose to prevent drawing off silver from one Colony to another. The first Bill, indeed, of your House, but the seventh of its kind, including those sent up by former Assemblies. So we send it you down rejected. And though you seem to have nothing to do or say about former Assemblies, yet as we are satisfied that the major part of the members which did compose the former, do compose the present, we must refer you to your former journals for our reasons ; adding further that as the Act of Parliament declares that the foreign coins shall not be forced on the King's subjects even at the prices mentioned in the said Act of Parliament, so much less will we consent to force them at the prices you would set upon them by a Carolina Act of Assembly. We would be very glad you would be very plain with us, and let us know whether you intend to grant any sup- plies for the support of his Majesty's government or not, as we are with you that we will enter on no business till that is done."
The Assembly reply " with the same frankness," that "unless some way can be found to put our currency on some just and equitable footing, it will be impracticable to raise a tax ; " and propose a conference. The Council will confer only about raising supplies.
The monotony of this narrative may here be relieved by a few items of statistics. A committee had been appointed in the Lower House to report on the general state of the Province. They found their distressed and calamitous condition " occa- sioned by the great losses which the inhabitants in general havo sustained by the late dreadful hurricane and storms, by the great mortality amongst them and their slaves, by the large and growing debts of the Province, the scarcity of money, and the decay of public credit ; " and proposed certain remedies, of which the Currency Bill was the first. The Council objected in the first place to their facts. We really had to enquire what the calamities of the Province are, and " we find the calamitous circumstances of the country from 1726 to 1727 was to export 25.167 barrels of rice, 12,799 barrels of pitch, 11,031 barrels of' tar, 67,247 heavy der skins, 13,218 light deer skins, besides all
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EARLY HISTORY OF SOUTH CAROLINA.
the lumber, pork, corn and provisions for the West Indies; and the calamities of the year 1:27 to 172S was to ship 29,929 barrels of rice, 3,188 barrels of pitch, 2,006 barrels of tar, 59.260 heavy deer skins, and 12,103 light deer skins, besides pro- visions for the West Indies as before, which amounts to bear seven hundred thousand pounds of your Province; and yet the Assemblies, for near two years past, have not been able, or rather were not willing, to allow one-fifteenth part towards supporting the government, but are letting all the garrisons go to wreck and ruin." Your Bill for silver, &c., is now the eighth of the kind proposed in eighteen months, and we will not even read it.
It was now the 20th February, 1729. Another little diversion occurred. somewhat similar to that occasioned by Mr. John Brown. Mr. Hargrave, Messenger and Clerk of Council, on bis way to his duties was met in the street by the Messenger of the Commons and summoned to attend at their bar. As the Council were waiting for him, he thought it best to go first to them and get their permission. This they refused because they needed his services. (When the Assembly sent a message to the Council on ordinary occasions, it was carried generally by two members. The messages from the Council were borne by their Secretary.) The Secretary, Mr. Hart, happened to have his leg or foot ailing that day, and it fell to the lot of Mr. Har- grave to carry a message to the Assembly. The Speaker asked what had kept him so long in obeying their summons. Ho told them, and was soon after taken into custody by order of the House. The Council resolved not to transact any business, or receive any communication from the Assembly till their Clerk should be released, and having called to their Chamber the whole body of the Commons, informed them of their determination. After they had retired, the Council waited, doing nothing for two hours. Their Clerk not being released, and the Assembly having adjourned, the President forthwith dissolved them.
The next Assembly were to meet on 6th August. They came to town very slowly. At length it was found that nineteen, a business quernm, had arrived, and they wished to know when they might attend his Honor, the President. When they ap- peared, it was discovered that two had slipped off while they were coming. In consequence, the Assembly were prorogued till September, and then again till 14th October.
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At this time, Judge Trott, who, in his retirement, had been engaged in compiling the Provincial Laws, and on an Expli- cation of the Hebrew text of the Bible, stepped suddenly for- ward as claimant of the office of Chief Justice under his Pro- prietary commission, and by virtue of the last clause of the Act of Parliament lately passed for the surrender of the title of the Proprietors. He was the survivor of General James Moore, Col. William Rhett, and Col. John Barnwell; who, with him, had been for many years the most distinguished men in the Colony for ability and influence. Hewat and Francis Yongo appear wrong in ascribing to Col. Rhett an effort to please both parties since the struggle in 1719. On the contrary, he seems to have been perfectly consistent in his political course. . After that revolution, Moore and Barnwell were the great favoritos of the people, whose cause they bad vindicated. Had either of them lived, the legislative difficulties between the Council and Assembly would, no doubt, soon have ceased, from their in- fluence with both parties. The stepping forth of the learned old Chief Justice, with his commissions and Acts of Parliament, ridiculous as it was, must have caused no little alarm among the people; for the Council only disallowed his claim till his Ma- jesty's pleasure could be known; and, in the meantime, all the old charges and complaints against him were to be sent on to the Council in England.
To return to our refractory Assembly. A sufficient number convened on the 15th October to form a House. They took the requisite oaths before Council, but apparently with no desire to engage in law-making. The Proclamation of President Mid- dleton will tell their story: "Whereas the majority of the members," "after they had taken the oaths by law prescribed, before me in Council, did, nevertheless (in order further to dis- tress and embarrass the government,) peremptorily refuse to take the qualification paths prescribed by law to be taken in their own House, with intent to prevent and hinder such of IL. M. good and loyal subjects, members of the said House, as were ready to express their zeal," &c., and have departed for the purpose of' leaving an insufficient number to proceed on any business, therefore, the prosent Assembly is dissolved.
A new Assembly was called for December 21, but, on account of the Christmas holidays, prorogued to the 13th of January,
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1780. On meeting, Mr. John Lloyd was chosen Speaker. They next chose their Clerk, Mr. John Bailey, and sent him to Council to take the oaths. Middleton refused to permit it, Mr. Bailey being, "by his behavior, no ways to be approved of by the government."
The Assembly said they could not elect another, without surrendering their undoubted rights and privileges. This is by no meaus in consonance with your Honor's "assurances to cul- tivate and continue a perfect harmony with the present As- sembly." But, says Middleton, you must not prepare "an obnoxious channel," to convey your sentiments to me. dly approbation is necessary to your choice of a Clerk. " You cannot but be sensible that the Clerk of the House of Commons in Great Britain is a patent officer, derived immediately from his Majesty's, and no choice of their own; and I am forbid by his Majesty's instructions to allow you any greater privileges than they enjoy." January 22d, theHouse resolved to abide by their choice. They send messages to the Council on affairs of the Province. Middleton replies, "I shall return uo answer to your messages till you rocede from the choice of the person you call your Clerk, and present another to me for my approbation." The Assembly would not part with their privileges, and were prorogued till 17th March. No quorum then assembling, they were prorogued till 1st June; but, on the 29th April, were dis- solved, because, " by their several messages having sufficiently shown they do not intend to proceed ou business for the service of the country."
There are no more records of the Council or Assembly till Governor Johnson arrived, December 16th, 1730. He found a new Assembly, lately elected, who had not yet convened. He wisely called them together as his own, allowed them (waiving his approbation for the time) to elect their Clerk, and begged them to forget "former animosities " and attend to business, as the Provincial debts were four years in arrear. Harmony pre- vailed, and many important laws were passed (1731;) the old fame only breaking out for a while, when the Governor urged them to insert in the Appropriation Bill a proper remuneration to the late President, for his services at the head of the admin- istration.
We have thus cursorily explained why there are no laws for
----
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1728, '20, and '30, and will leave the reader to decide which party, the President and Council. or the Assembly, were more actuated by the spirit of justice, and patriotism ; or whether both were not true to principles, the divergence having already begun between Royalty and Republicanism; the latter yet feeble, and existing in uncollected elements, but prompting to rosist- ance against the stronger power.
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APPENDIX .- No. I.
Proprieties. " L" from the new pretended Council and Assem-
B. T. Vol. 10, bly of Carolina, dated at Charles Town, the Q. 109,
State Paper Office. 24 Decr, 1719, relating to their having deposed their Govt, &c.
Rood. and Read Feby. 13th, 17 13.
May it Please Yr Lorders :
The great Extremitys his Majesties Subjects of South Caro- lina were reduced to by the confused, negligent and helpless Government of the Lords Proprietors over them, endangering the utter loss of this part of his Majesties Dominions in America, forced us, as the only means for our preservation, to renounce all obedience to the Lords, and to throw ourselves at the foot of the throne of his most sacred Majesty, King George ; humbly imploring him that he will be pleased to take us into his imme- diate protection and Government ; and as the pressing necessity's the said Inhabitants lay under admitted of no delays, they made choice of their Representatives to meet in convention, to proceed in this atfair with all possible decorum which so speedy a remedy could admit of.
The Danger which we expect this Settlement may sud lenly fall under, pressing us to be very expeditious in our resolver, and being very desirous that Your Lordships should be made acquainted with the steps we have taken for our preservation, and that our ardent zeal and good inclinations to his Majesty, and that the perilous condition of this settlement may be laid before his Majesty, we would not omit giving Your Lordships some short account of our Grievances and proceedings, by a Ship which is ready to sail for Great Britain; and do intend by the very next opportunity to inform Your Lordships of all
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the Miserys and Misfortunes which have attended us under the Proprietors Government.
The continued incursions and depredations on our Frontiers made by the Spaniards and Indians, (who seldom give any Quarters,) incited and encouraged thereto by the Spanish Garri- son at St. Augustine, and the repeated advices we have received of the warlike preparations making at the Havana, and several other Spanish Ports, in order to subdue and make a compleat conquest of this Province, now in a feeble condition to make resistance, being exhausted by the late terrible Indian War, tho vast expence we have been at in subduing the Pyrates for the defence of trade, and the wretched condition our Fortifications are in being demolished by Hurricanes, and the small means we have left of putting ourselves in a posture of defence, being · defeated and deprived of the means theroof by the confused constitution of the Lords Proprietors Government over us, are but Branches and Parts of our misfortunes.
The powerful settlement the French are now making within the limits of the Lords Proprietors Charters, and their building Forts within the Territories of this Province, notwithstanding many applications made to the Lords Propriet" to prevent it, and to send us succours for our defence, has already had this very ill effect, that almost all the Nations of Indians to the Southwest of this Settlement have withdrawn their obedience from the British Government, and depend wholy on the Crown of France, whereby under God nothing can save this Settle- ment from falling into the hands of France upon the first Warr with that Crown, and even Virginia, and other his Majesties Dominions in North America, will thereby be in very great Danger.
As for the many other insupportable Grievances We lye un- der with respect to the Lords Proprietors Government, care shall be taken to transmit them to Your Lordships by the first opportunity.
The Representatives of his Majesties Subjects in South Caro- lina, meeting in Convention, having taken these things into their serious consideration, have unanimously renounced all obe- dience to the Lords Proprietors and their power and thrown themselves under His Majesties imediato Goverment, and they having first offered the administration thereof, exclusive of the
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