USA > South Carolina > A chapter in the early history of South Carolina > Part 4
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EARLY HISTORY OF SOUTH CAROLINA.
Lords Proprietors, to the Honble Robert Johnson, Esq., their then Governour, and he refusing the same, have prevailed upon the Honi Col. James Moore, Esq., a person zealous for and well affected to his Majesties person, to accept of the Govern- ment of this Settlement on his Majesties behalf, until his Ma- jesties pleasure be further declared therein.
These, with great submission, we esteem to be the onely pro- ceedings we could make towards preserving this, His Majesties Colony, and untill we can send them to your Lordships at large. We hope that no false glosses or misrepresentations that may be put upon and made of our actions will induce your Lordships to believe that we bad any other views in this affair, but the hon' of his most sacred Majesty, King George, as a truely loyal people, and the safety and preservation of this settlement.
We are,
My Lords,
Your Lords" most obedient servants, Sº· Carolina, HOVENDEN WALKER. RICH'D ALLEIN.
Charles Town, December 24℃4, 1710. Council.
SAM EVELEIGH.
GEORGE CHICKEN.
THOS. SMITH. ALEXAND'R PARRIS. RICH'D BERESFORD.
Signed by order of the Commons House of Assembly.
HEPWORTH. Speaker.
APPENDIX .- No. II.
(INDORSED.)
Proprieties. L'. from ye Persons who have taken upon them B. T. Vol. 10. the Government of South Carolina, dated 29 Q. 204.
State Paper Office. Jan, 1719-'20, with answers to Queries sent by the Board to Col. Johnson, relating to ye state of that Province Rec'd 28th March, 1720. Read July 7, 1720.
May it Please Your Lorders.
We did ourselves the bon' to write to you on the twenty- fourth day of December last, to make your Lordships de. quainted with the steps we had taken towards the preservation
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EARLY IHISTORY OF SOUTH CAROLINA.
of these parts of his Ma'tys Dominions, and as we were then very short in laying before your Lordships the many Griev- ances We had so long labour'd under, so We now beg your Lordships favourable acceptance of our general Representation which comes herewith. Our hopes of your approbation of the transactions in this country are greatly increased since We have been informed that six months past your Lordships were pleased to state some Queries to Col. Johnson, the Proprietors late Governour. which nearly concern'd the welfare of North America, wherein your Lordships great and tender regard to his Majesties Subjects of this Settlement are made manifest.
We are deeply concerned that the answering Queries of such and so great importance have been so long neglected, and that no obedience has been paid to your Lordships request, tho' it is no surprise to us when we consider it fell into the hands of the Proprietors Governour, who no doubt thought your Lord- ships had in view to gett this Settlement under his Majesties immediate care and protection, it being of the highest conse- quence to the Crown of Great Britain, that it should be so, con- sidering as well the present Warr with Spain as the powerful settlement of the French on all sides of us. So for fear of dis- obliging his Masters and losing the Government, they have been lock'd up by him ever since. Thus this poor unhappy country may have been accounted neglectful of your Lordships com- mands. which imputations We take all just measures to ac- quit ourselves of, and so soon as We were informed things in the settlement, We left no stone unturn'd in endeavoring to procure a sight of them, and have at last, tho' without the knowledge of Col. Johnson, obtained it. And We beg your Lordships will believe that We have returned you a just a answer to every question, the affairs relating to the Indians, being reported by a Gentleman who has been employed by the Publick and bas lived many years amongst them. The account of the Garrison at St. Augustine being taken from credible per- sons that have been there, and every other matter and thing therein contained, your Lordships may depend upon the truth of.
We hope and doubt not but your Lordships will be pleased to put a right construction upon our actioun, and be assured that We have no other view in all we have done but the general
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EARLY HISTORY OF SOUTH CAROLINA.
good of his Majesty's Subjects and Dominions, which we shall at all times make appear by our frm Loyalty and due obedi- ence to his most Sacred Majesty, and by always observing such commands as your Lordships will be pleased to lay on.
May it please y" Lordsps, Your Lordships Most obedient and Most humble Servants, HOVENDEN WALKER.
ALEXANDER PARRIS.
B. SCHENCKINGH. GEORGE CHICKEN.
SAMUEL PRIOLEAU.
JA. MOORE. RICH'D ALLEN.
RICH'D BERESFORD.
JOS. MORTON.
THO. WARING.
THO. SMITH.
SAM. EVELEIGH,
Signed by order of the Commons House of Assembly.
HEPWORTH, Speaker.
South Carolina, January the 29%, 1719.
-
APPENDIX .- No. III.
Rece'd from Mr. Boon, June 16, 1720.
Proprieties. B. T. Vol. 10. A true State of the Case between the Inhabi- Q. 203. tants of South Carolina and the Lords Proprie- State Paper Office. tors of that Province, containing an account of the Grievances under which they labour.
That his late Majesty, King Charles the Second, by his Char. ter, dated the 24th of March, in the 15th year of his reign, granted unto the Lords Proprietors, and to their Heirs and Assigns, the Province of Carolina, vith privileges and jurisdic- tions requisite for the Government and safety thereof, and made them absolute Lords and Proprietors of the same; who, having besought leave of his Majesty by their Industry and charge, to
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EARLY HISTORY OF SOUTH CAROLINA.
transport and make a colony of his Majesty's Subjects into the said County, (at that time inhabited only by people who had no knowledge of God,) being thereonto excited with a zeal for the propagation of the Christian Faith, and enlargement of his Majesty's Dominions, as is amply set forth in the said Charter.
Notwithstanding which, the Lords Proprietors have not, to this day, been at any charge, or used any Endeavours to propa- gate the Gospel amongst the said barbarous people ; neither have been industrious at their charge, to transport and make a Coiony of his Majesty's Subjects in the said Province, but have hindered the peopling the same by violating their Covenants made with them, who, by their promises, were invited to be ut the charge of transporting themselves thither.
And tho' one principal design of his said Majesty, in granting the said Charter, was for the good Government and safety of Lis subjects in the said Province, yet the Lords Proprietors have so abused the trust and confidence thereby reposed in them, by their confused administration over his present Ma- jesty's subjects there, that they are neither safe in their Liber- ties or Properties, the Government being abandoned to evil Ministers, and the Inhabitants exposed to the ravages of most barbarous enemies.
That the Lords Proprietors were, by their Charter, impow- er'd to build and found Churches, Chappels and Oratories, within the Bounds of the said Province, and to cause them to be consecrated according to the Ecclesiastical Laws of England, with full Privileges, Prerogatives and Franchises necessary for the same; yet they have not, to this day, erected any Church, Chappel, or Oratory, for divine worship, nor any school for the education of youth in the Principles of the Christian Religion ; nor ever reserved any places for the same in any parts where they have sold Lands; nor procured the consecration, according to the Ecclesiastical Laws of England, of any of those built by the Inhabitants.
That the Lorits Proprietors are, by the said Charter, impow- er'd to confer Titles of Honour upon such of the Inhabitants there as were capable of the same, and who for their deserts might expect the same; but. instead thereof, they sont over blank Patents to their Governour und Receiver-General, for creating Landgraves and Classiques, in order to havo them sold
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EARLY HISTORY OF SOUTH CAROLINA.
at a certain price. So that the persons intitled by their deserts to any marks of Honour, thought this procedure so mean that it was beneath them to accept thereof.
That the Lords Proprietors are, by the said Charter, impow- er'd to erect within the said Province such Forts, Castles, Cities, Towns, Boroughs, Villages, and other Fortifications, and the same to furnish with Ordnance and other Habiliments of War, for the safety and welfare of the said Province; but the Lords Proprietors have never set apart any of their Lands for erect- ing Towns, Villages or Fortifications, nor contributed one penny towards the raising any Forts or other Fortifications, which the Inhabitants, almost to their ruin, have been obliged to build ; otherwise, by the incapacity of the Lords Proprietors to assist them, that part of his Majesty's Dominions had been lost to his · Empire.
That the Lords Proprietors, contrary to express powers in their charter, not to make any Laws in the said Province, but what were consonant to reason, and as near as might be agree- able to the Laws of England, and so not to extend to the bind- ing, charging or taking away the right of any person or persons in their goods or chattels; yet they did in the year 1704, under their Hands and Seals, ratify two Acts of Assembly of that Province, one entituled An Act for establishing religious Wor- ship in that Province, according to the Church of England, and for erecting of churches for the publick worship of God, and also for the maintenance of Ministers, and building Houses for them, wherein they established a Commission for displacing of Rectors or Ministers there : and the other entituled, An Act for the more effectual preservation of the Government of that Province, by requiring all that should be chosen Mem- bers of the Commons-House of Assembly, and sit there, to take the Oaths, and subscribe the Declaration appointed by the Act, and to conform to the religious worship of that Province, by which Act a great part of the Inhabitants were excluded from being Members of the Assembly. And tho' it was represented to the Proprietors, that corrupt practices were used by their Government to have those Acts passed, that it was contrary to the rights and liberties of his Majesty's Subjects, yet they re- fused any redress, until Application was made to the House of. Lords of England, who, after weighing the nature of the said
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EARLY HISTORY OF SOUTH CAROLINA.
Aets, addressed her late Majesty Queen Anne, setting forth that the first Act was not warranted by the Lords Proprietors Char- ter, being not consonant to reason, but repugnant to the Laws of England, and destructive to the constitution of the Church of England, and that the latter was founded upon falsity in fact, repugnant to the Laws of England, contrary to their Charter, an incouragement to Atheism and Irreligion, destructive to Trade, and tending to depopulate and ruin the Province; and besought her Majesty to deliver the said Province from the arbi- trary Oppression under which it lay, and to order the Authors thereof to be prosecuted. Which matter being referred to the Lords Commissioners of Trade, they, May 24, 1706, repre- sented to Her Majesty that the making such Laws was an abuse of the powers granted to the Lords Proprietors by their Charter, and a forfeiture of such power, and humbly offer'd to her Majesty that she would be pleased to give directions for re- assuming the same into her Majesty's hands. Which Represen- tation her Majesty approved the 10th of June, and declared the Laws mentioned therein, should be made void by the powers that made them, and order'd that for the more effectual pro- ceeding against the said Charter, Mr. Attorney and Mr. Sollici- tor-General should inform themselves concerning what might be most necessary to effect the samo.
That by the said Charter, his then Majesty saved the Faith, Allegiance and sovereign Dominion dne to him, his Heirs and Successors for the said Province, and the right and interest of the English Subjects in the same, and declares them Liege peo- ple of the Crown of England, and to have right to all the libertys of Englishmen born in England, yet the Lords Proprietors have assumed a despotie authority exceeding the Royal Power in Great Britain, in repealing and abrogating, by themselves alone, several beneficial Laws, after a most solemn ratification of the same by their Deputies, with the consent of the Representa- tives of the Freemen met in Assembly, and thereby trampling upon the rights and liberties of his Majesty's Subjects. And this sometimes is done by two or three of the Proprietors, who have proxies trom the absent ones, or from the Guardians of those under age, tho' the same Proprietors or Guardians give proxies to their representatives in this Province, who on their behalf's ratify the said Lars contrary to any power in their
.
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EARLY HISTORY OF SOUTH CAROLINA.
Charter, endangering the safety of his Majesty's Subjects there, and the derogation of the usual method theretofore practised in the like cases, tho' their Deputies and Freemen there never de- nied to repeal any Laws when recommended by the Proprietors This, with the uncertainty of the Administration of the Gov- ernment, by reason of several alterations from time to time in the same, hath put us under unspeakable hardships, destroying all publick Credit, so necessary here to defend us against our Enemies, and defeating measures taken for the preservation and good Government of the Province.
That the exercise of their Government is injurious to his Majesty's Subjects; for that they whose powers and preroga- tives are united in them all, not to be disjointed, take upon them to send a Governour. as the Palatine's Deputy, and each other Proprietor a Deputy, which vote as a Council of the Pro- vince ; a Body which, in all other bis Majesty's Colonies, is found to be a Barrier between the Governour and People. But here they are wholly dependent upon their Constituents, and think themselves obliged to carry everything in favor of the Proprie. tors, and obliged, by an oath, to do nothing repugnant to their Interests, without any regard to the public good of the Colony. And when any of their Deputies voto against them, or their Governour's private interest, they are turned out. These Depn- ties have power to reject any law; but if it passos them, the Governour pretends another negative upon them, and some- times a negative bath been appointed upon the Goverpour ; and the Lords Proprietors assume a power of repealing those acts, ratified by their Governour and Deputies. So that the Lords Proprietors, who, by their Charter, ought to have but one. assume three and four negatives upon the Laws agreed to by the Assembly ; and, having no Council between them and the Peo- ple, they suffer no law to pass, or any longer to be in force, than suits with their private views, to the loss of publick credit, and . destruction of the liberties. and properties of his Majesty'+ Subjects.
That they are impower'd by their Charter to erect Cities, Boroughs, Towns or Villages, by granting Charters of Incorpo- ration to any body of people, yet they have neglected so to do : neither have they settled any County Jurisdiction, Court Bacon or Court Leet, for the conservation of the peace of this Colony,
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EARLY HISTORY OF SOUTH CAROLINA.
but have abandoned all to disorder and confusion, under the management of one person, who solely holds all Courts of King's Bench, Common Pleas and Exchequer, Assize, County Courts, and Sessions in Charles Town, the only place of Indi- cature in the whole Province ; who makes what Lawyers and takes what fees he pleases, summoning all parties to attend bis Courts. No appeals but from himself to himself, nor any method of appeals settled to his Majesty and Council, as in other Colo- nies : no process issues in his Majesty's name, all the officers taking what fees they please: he adjourning Courts and put- ting off Tryals, to multiply his perquisites, which are arbitrary ; daily exacting new Fees, undertaking himself to draw writings, and after judging of the validity of them, sending for the Law- yers, and giving secret advice to them and their clients; and insists that no authority there can call him to account, or re- move him, nor the Proprietors themselves, unless proved guilty of misdemeanours before them in London, he having words in his Commission to that purpose. But the Lords Proprietors have had no regard to the publick or private persons injured by him, and would not be induced to remove him.
That when, in 1715, the Yamasce Indians had, at the instiga- tion of the Spaniards at St. Augustine, cruelly massacred his Majesty's Subjects in those Frontiers, and committed most barbarous Depredations in the very Heart of the Settlement; upon being repulsed, the Spanish Garrison protected them, and bought their plunder, and furnished them with Arms (though then at peace with Spain,) to renew their depredations ; which, being represented to the Proprietors, they never regarded the lives and estates of his Majesty's Subjects. And it was also represented to them, that the said Garrison protected Rebels, Felons, Debtors and Negroes that fled thither, which forced us to guard that Frontier in time of peace, but to no purpose, the Lords Proprietors never giving any answer to the same.
That notwithstanding the great expence of the War with the Yamasee Indians, which not only preserved the Proprietors Lands not yet settled, but also such Lands as they have appro- priated to their own use, they have contributed to no part of the charge thereof, (except about 150 small Arms,) and upon application made to them, declared their incapacity to assist us.
That when a bloody Indian war broke out at North Carolina,
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EARLY HISTORY OF SOUTH CAROLINA.
it was insinuated to the Assembly by the Lords Proprietors Deputies, that if they would raise money and send assistance thither, they should be reimbursed out of the Quit-Rents ; yet notwithstanding thereby that Province was saved to the Lords Proprietors, they never, to this day, refunded one penny of all that expence.
That in 1718, one Thatch, a notorious Pirate, took several ships trading to this Province, and several of our Inhabitants Prisoners, and went directly to North Carolina, where, under pretence of accepting his Majesty's pardon, by the connivance of the Proprietors Governors, in the face of that Government, he committed several acts of Piracy, and several parcels of piratical goods were found in their Governour's and Secretary's custody , so that North Carolina became a nest of Pirates. Of this his Majesty's Governour, of Virginia, complain'd to the Lords Pro- prietors, but they took no notice of the same.
That as soon as we had driven the Yamasees from our Lands, near Port Royal, to strengthen that Frontier and to encourage new comers, viz : in February, 1716, two acts were passed for dividing those Lands amongst such of his Majesty's Protestant Subjects as should come and settle the same (exclusive of such as bad Lands already in that Province,) abstracts of which being sent to Great Britain and Ireland, about 500 of his Ma- jesty's Subjects transported themselves to take the benefit of the same. But all this was interrupted by the Proprietors repealing these Acts in July, 1718, under pretence that the Lands being their own, they would dispose of them as they thought fit, and made a distribution of the said Lands, far short of that made by the said Acts, which the new comers were forced to comply with, and began their Surveys. And then to the utter ruin of the new comers, and in breach of their publick Faith, the Proprietors, in April, 1719, ordered all those Lands to be surveyed for their own use. And tho' they had paid their money to the Proprietors Receiver for those Lands, yet are not only refused the having their Titles confirmed, but the said Receiver refuses to return their Money. Hereby the old Setlers in that Frontier, missing the re-inforcement of the new comers, again deserted their Settlements and left them open to the Enemy, and the new comers are reduced to that want and poverty that most of them are daily perishing, having spent all
1
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EARLY HISTORY OF SOUTH CAROLINA.
their substance, and those that have any thing left, removing off the Province.
That notwithstanding many addresses to the Lords Proprie- tors to take some measures to prevent the French incroaching on this part of his Majesty's Dominions, and especially at the beginning of the Treaty of Utrecht, they not only abandoned all by an unaccountable neglect, but May, 1715, the French took possession of Mobile (which belonged to this Government) and built a Fort there. and are since further incroaching by making Forts at the mouths of the Rivers belonging to this Province, and arising near our Settlements. So that having made them- selves Masters of Pansacolo, a Spanish Port, they surround this Settlement from the Mountains to the Sea, whereby all the Nations of Indians towards those Points, lately under our Gov- ernment, are now subjected to the French.
So that by the late Indian War, our subduing the Pirates, a defensive War against the Spaniards, the demolition of our principal Fortifications by Storms, and the expences to repair the same. the vast presents we are obliged to make the Indians to keep up a party amongst them from depending intirely upon the French, and the weak and unsteady Government of the Proprietors, who rather oppose than contribute to the strength- ening of us, whereby we have lost all credit, nobody venturing to trust any publick Funds contrived for our support, we are reduced to the last extremity in debt, without prospect of ex- tricating ourselves, all our Funds anticipated for several years to come, our Expences increasing, without any view of answer- ing them, which makes our Enemies look on us as an abandoned people, void of Royal Protection. So that without the assist- ance and Government of his Majesty, this hopeful Province will be lost to the British Empire, to the endangering Virginia and other of his Majesty's Dominions, and the irreparable loss of the beneficial trade of the same.
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APPENDIX .- No. IV.
SOUTH CAROLINA.
To the Kings most Excellent Majesty :
S. P. O. S. C. B. T. Vol. 1. A. 3. The humble petition of the Inhabitants of the settlement of Sº Carolina, now under arms,
SHEWETH :
That yo' petitioners, for the p'servation of this Colony, and yo Majesty's subjects here setled, found themselves under an absolute necessity to elect the Hon" James Moore, Esq., to be Governour of this settlement on behalf of yo Majesty, since which we have been again alarmed with an intended invasion of the Spaniards from the Havanah, and by a scout-boat lately arriv'd, we are informed that the Spanish fleet is now actually at St. Augustine, from whence we hourly expect to be attack'd both by sea and land.
That yor petitioners have putt themselves into the best posture of defence they could, but they have so long labored und an heavy Indian war, perpetual alarms both from our s1 enemy, and Indians and pyrates, that they are now reduced to the lowest ebb of fortune, and cannot expect to be able to sub- sist or any time longer to defend this settlem', unless we are imediately taken into yor Majesties Royall protection and assistance.
Wherefore yo" petitioners, in the most humble manner, sup- plicate yor Royall Majesty as our Representatives bare already done, to receive this settlem' into yo' most gra- cious favor, and imediate protection, and suffer us no longer to be under the authority of any Lords proprietors, whose indigency or neglect hath hitherto been the chief occasion of all the miserable calamities we now labour under.
And yor petr in duty bound shall ever pray, etc. Signed by two hundred and thirty-eight of the Inhabitants. Rec4 16th Ang., 1720. Read 16th Aug., 1720.
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APPENDIX. - No. V.
CHARLES TOWN, Số CAROLINA, ye Da Febrig
S. P. O.
Sir :
America and W. Indies.
Captain Hilderley. of His Mates ship ye Flam-
No. 15.
P. 36. borough, who is stationed here, has been so indiscreet in his behaviour that I think it necessary to give you a very faithfull ace thereof.
Before he arrived here from Providence, he writ a very civill letter directed to James Moore, Esqr., Govern' elect of this pro- vince, acquainting him with his intention of coming immedi- ately to this colony according to his instructions, and upon his arrivall waited upon both yo Govern", and for some time be- baved himself, as a Captain of a King's ship ought to do, in a Governm' that was expecting ye King's pleasure upon y& appli- cation that was made to His Mate by ye people, but during my absence he entered into such measures as to revile ye Governm', and rail publicly against ya measures that had been taken, and to encourage Govern' Johnson to resume his government, oder- ing him his assistance for that end. This and a quarrell that Lappen'd between him and Coll' Rhett, cheife officer of ye King's Customs here, occasioned some representation to be made from hence to y Lords of ye Admty before my return to this place.
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