USA > South Carolina > A chapter in the early history of South Carolina > Part 5
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Upon my sending bere & month agoe, I immediately waited upon Capt" Hildesley, who received me with a great deal of friendship and civilty, and we both appointed to meet over a bottle at night, when our conversation turn'd upon ye affairs of this colony, certain advices being then come of M" Nicholson's being appointed Goverur for ye King, and of a scire facias being ordered against ye charter, where he, telling me what he could have done, or might still doe to restore 3I Johnson ; I repiyed that Mr Johnson, till some time after his arrivall, had acted very wisely in not attempting to make any division, or disturb- ange among ye people, but patiently awaiting ye answer that should be made from England to what had happened, and that I believed ye King would not approve of any body that should disturb ye peace of his subjects, much less any of his owne officers, and that it was not in Capt" Hildesley's power to devide y. people, now more especially that we expected dayly y. King's
53
EARLY HISTORY OF SOUTH CAROLINA.
Governor, tho' after this conference we parted very friendly, yet we never convers'l together ; but Govern' Johnson and he din- ing together. last Saturday was fortnight, the Flamborough tired fifteen guns, and it was giren out it was for news beirg come that a stop was put to Gorern' Nicholson ; this, with some other declarations made by that Company that very das, to amnse and devide people, made it necessary for ye Goveunm' to issue out a proclamation, and to annex to it ye decretall order of y" Regency and y. London Gazet, wherein M. Nicholson's being appointed Govern', and sworn before ye Regency, was publish'd to undeceive ignorant people that might be imposed upon.
On. Fryday last he order'd his Lieut. Mr. Haycock, on - board ya Samuel, John Jones, Ma, bound and clear'd for London, and to take his cheife mate on board ye Flamborough, where he received 24 severe lashes on his bare back, and was afterwards put on shoar, where showing how he had been used, there gathered together'd a great number of sailors belonging to y" ships in Harbor, who in their rage wanted to be reveng'd ot Captain Hildesley, and I hapening to goe by at that instant, got them dispersed immediately.
The same day the mate, on information upon onth, how he had been serv'd by y' lieut" order, and demanded a warrant against bim which was granted, but y Justices first writ to him to acquaint him of ye information that was made, and that y? war- rant would be serv'd upon him if he did not go before a Magi -- trate and enter his recognizance, which he answering with an unmannerly letter, the warrant was serv'd upon him on shoar. and he is now in the Martial's custody, having refused to enter into a recognizance.
The same day Captain Hildesley made a signall for ye May ot ships to come on board, where a very few went, to whom he rayI'd against ye country. saying there was neither Governi nor Justice in it, and abundance of stuff to this purpose.
On Sunday last he made a speech on ye Bay here to ye Ma"" of shipps, saying that he was Govern" and that he won !!! whip every ma' of a shipp that used his men ill, by which he oxposed himself so much that one of them asked him why he did not discharge his Lieu" out of custody, if he was Govern' and then the rest laughed much. Just after this I met him upon
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EARLY HISTORY OF SOUTH CAROLINA,
ye Bay where, among other things, he told me he would take it as a piece of friendship if I need my interest to get bis Lieut. discharg'd. I answer'd that could not be done without his making it up with the mate or entring into a Recognizance, however I told him I would speak to y" owner to make it up with ya Mate, which he offered to doe upon a small concession from y' Lieutenant, which, however, y+ Captain did not think fit be should make.
On Monday morning last I was with Captaine Hildesley two hours by myself, where we conversed vory freely and friendly, and told him that be was anhappy to be very ill beloved by the inhabitants as well as the Map of ships and sailors in this coun- try, where there is not now less than 45 sail of one kind or another, yet if he would determine to mind only his own duty and not trouble himself with y Governm' he might very soon get y* good will ot ya people, but if he continued to make parties and divisions at this crisis, we should take such measures as should put it out of his power to doe mischeife, this be took very well from me, for I believe he has a vallue for me, and I am sure I have ye same for him, be having used mo very civill in my voyage to Providence on board his ship, but ye peace and tranquility of a countrey will always make it necessary for me to doe what lies in my power to preserve those two things.
You, sir, will easily guess that these proceedings of a Cap- tain of a King's Shipp in a Governm' so unestablished as this is at present, might have had a miscbeirious consequence were not re people almost unanimous; they have, however, occa- sioned more disturbances and commotions than any thing that has happened from y" beggining of ye revolution in this province.
I have writ to my good friend, Sir John Jennings, to this purpose, and desired him not to make use of it unless Captain Hildesley misrepresented y affairs of this country, for God knows I would sooner serve him than do him any barm if I had any room for that purpose.
We expect Generall Nicholson here dayly, where he is very much long'd for, and it is impossible to express the due sence the Inhabitants of this Colony have of yo Kings goodness in taking them. under his protection ; for my own part, I have y" satisfaction of being very well esteemed and beloved by every
EARLY HISTORY OF SOUTH CAROLINA.
body, which gives me a good deal of pleasure. I am with y utmost respect, sir,
Your most obedient and most obliged humble servant.
JOHN LLOYD.
P. S.
Govern' Roger, of Providence, was here for about six weekes, and fought a duel w" Cap' HTildesley, upon some dis- putes they had at Providence; they were both slightly wounded, the former is return'd to bis Government.
Right Hon's Mr. Secretary Praggs.
APPENDIX .- No. VI.
CHARLES TOWN, March 21, 1720-1.
S. P. O.
ST :
America and West Indies.
No. 19.
The dayly expectation we are in of the arrivall
P. 39. of Govenour Nicholson, prevents all publick business. Capt" Hildesley, of the Flamborough, has given us a great deal of uneasiness, and has been very neare occasioning & great deale of bloodshed, he has taken a Commission from Coll. Johnson, to be Colonell of the Regiment in Berkley County. They are continually contriving and plotting of mischeif. Hildesley especially, but thank God it never comes to any thing. I am quite tired of publick business ; the Gov" speedy arrivail is prayed for by the whole province. I conclude.
Y' very humble Serv", JA. MOORE.
An exact account of the number of Inhabitants who pay Tax in the settlement of South Carolina for the yeare 1720, with the number of acres and number of slaves in each parish. as the same was delivered by the Inquisitors upon their cath . to the Com" for receiving the said tax in Charles Town, the 14th day of March, Ano Domini 1720.
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EARLY HISTORY OF SOUTH CAROLINA.
No. of Acres.
Inhubitants.
Slaves. .
St. Philip's, Charles Town ...
64,265
283
1,830
Christ Church
57,530
107
637
St. Thomas and St. Dennis
74,580
113
942
St. John's ( <>)
191,375
97
1,439
St. James Goose Creek (<>)
153,267₺
107
2,027
St. Andrew's
197.1082
210
2 493
St. George's
47,457
68
536
St. Paul's.
187.076
201
1,634
St. Bartholemew
80.559
47
144
St. James' Santee (
117,274
12
584
St. Helena (<>)
51,817
30
42
1,163 2391
1.305
11,828
<> N. B. Those parishes with this Marke, the cures thereof are vacant. And that those persons who have lands in severall parishes, they are generally charged for all in that parish they live in.
Exported from Charles Town, Sº Carolina, between the 1 ** of January, and the 24 of May, 1721, in 4 months :
To Great Britaine-13, 479 bls. of Rice. 6, 747 bls. of Pitch, 4, 269 ble, of Tarr To the plantations- 2,733 1.450 1,292
16,212 bls. of Rice. 8, 197 bls. of Pitch. 5,561 bls. of Tarr
APPENDIX .- No. VII.
MAY Y= 9th, 1721.
S. P. O.
S. C. B. T.
Vol. I. Two of his Majesties ships-of-war being.now in A. 31. the harbour, and the Command' sensible of the difficulties I have labour'd under, as well as the whole country, by yo' unjust usurpacon of the government, have therefore resolved to assist me with all their forces to re-assume the same.
I have, therefore, with the advice of my councill, sent to you this letter to desire you would peaceably admit me into the Government, my just right, that thereby any misfortunes that may happen on your refusall may intirely lye at yor door, and
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EARLY HISTORY OF SOUTH CAROLINA.
you thereby become Ivable to answer for the same. I hope this, my way of proceedings, will not be thought pusillanimoas, since the intent of it alsoe is to assure you, as well as the people of this province, that for any thing that has been hitherto transacted, of what kind soever, it shall lye dormant till the arrivall of Gent Nicholson, or a Governor appointed by his Majesty, if any such there be, when I will as chearefully as any one, deliver the Governm' to bim. The same assureances I take upon me to make you on ya part of both the Command" of his Majesties ships ; that every body shall be entirely easy in their p'sons and estates, and all misunderstandings referred to his Majesties s' Govern". I expect this meets with its due credit, it being design'd by me to p'serve the peace and trau- quility of the province as well as to assert my own right.
The within letter is a true copy. W. BLAKEWEY, Secr.
ROBT. JOHNSON.
MAY 9th, 1721. Messt3. Isard and Younge :
You may acquaint Coll. Johnson, in answer to his message. that I, with the advice of my Councell, am determin'd to keep the governm' of this province for his Majesty, King George, untill his pleasure is signitied relating thereunto, and it is a pleasure to us to find ourselves in a good posture for that pur- pose. I am,
Yor bumble serv",
JA. MOORE.
A true copy : W. BLAKEWEY, Secry.
APPENDIX .- No. VIII.
S. P. O. SB: S. C. B. T. I am oblidged to inform you of an extraordi- Vol. 1. A. 30.
nary event that happ'ned amongst us the 9et this instant, as well to make you acquainted with the Resolu- tion and unanimity of our inhabitants at the success we have had against our enemies. Coll. Johnson, in the morning, call I
5S
EARLY HISTORY OF SOUTH CAROLINA.
together all bis Councill and proposed to them means for his restoration to the government, being prompted thereto, as we are informed by Capta Hildesley, who last October received a Comm from Johnson to be Coll. of the Troop. They had been concerting propper measures long before to bring this about, and Mr Johnson gare out some Com" to some insignificant persons, who had not interest at last to procure any men, but, however, they resolved to make a push for it, and. accordingly, made up about 120 men in all, fourscore, whereof were sailors belonging to the Flamborough, headed by Coll. Johnson and Capt" Hildesley; when they had gott ander arms, and upon their march they detach'd two gentle of their Councill, with the enclosed letter from Coll. Johnson, which made us putt our selves in the best posture of defence wee could to receive them, and then returned them the enclosed answer. They soon after appeared before the Town, which oblidged the Forts to dire three guns at thom, which proved so prevailing an argument that they procured Capt" Pearce, of His Majesties ship Phoenix, to be a mediator between us, who came with one of their Council to propose measures of accomodacion, they were made to understand that no terms could induce us to part with the Governm' till his Majesties pleasure was known. They return'd. and soon after Cupt" Pearce came back again and in- formed us that Coll. Johnson was desirous to see the order of the Regency, and some letters from you and M" Barnewell, and that they might be sent by some gent" from us ; accordingly three gentla were sent with those papers, and it produced this effect, that Coll. Johnson promised, and gave his honour that he never would trouble his head with the present Governm' any more, and imeliately ordered all his men to be disbanded and sent about their business, so that now I believe we are free from all disturbances of that kind. The consequences that would have issued had they obtained their ends would have been very mischeivous, as we are certainly informed, the sailors having had promises of plundering the Town. Wee impatiently expect the arrival of Gen' Nicholson to make us all happy.
Capt" Hildesley and others, notwithstanding the concessions they made, dil the next morning so insult the Capt" of the main guard, that it enraged the inhabitants to such a degree that wee were oblidg'd to put him under arrest, at his lodging,
59
EARLY HISTORY OF SOUTH CAROLINA.
to prevent the rage and resentment of the people falling upon him. And. upon application made afterwards by Capt" Pearce for his enlargement, and upon his promise for the good beha- viour of Capt" Hildesley, his officers and ship's Company, wee ordered a good number of armed men to guard him to Capt" Pearce's boat, in order to bis going on board the Phoenix man- of-war. If you think it necessary, you may comunicato this with the enclosed to the Board of Admiralty, Lords of Trade, &c. Continue to give me constant accounts of the proceedings of our affairs at home, and believe me,
S",
May 11- 1721.
Your humble serrant, JA. MOORE.
To Joseph Boone, Esq".
(Endorsed,)
CAROLINA.
Lr from Col. Moore, pretended Gorr of Carolina. to M". Boone, dated the 11ª of May, 1721, relating to Col. Johnson hav- ing attempted to resume the Gors of that Province. Rec. July 18. )
Read de 25, 5 1721.
APPENDIX .- No. IX.
Instructions for Colonel Philipp Ludwell. Governor of Carolina, 8 November, 1691.
P. O. I. Wee, the Lords Proprietors, have agreed No. Carolina. B. T Vol. 3. that the eldest of the Lords Proprietors and that P. 187. was Proprietor the Ist of March, 1669, shall be Palatine.
II. But after the decease of them, he that hath been longest a Proprietor, and hath paid the full proportion with the rest for settling the Province, shall be Palatine, but after the year 1700, and decease of those that were Proprietors 1 March, 1669, the eldest of the then Lords Proprietors, and who hath paid as afore- said, sball be always Palatine.
III. It is also agreed that there shall be seven other great offices erected, viz : Admiral, Chamberlain, Constable, Chief
60
EARLY HISTORY OF SOUTH CAROLINA.
Justice, Chancellor, High Steward and Treasurer, to be enjoyed by none but the Proprietors, and that upon the vacancy of any of these Offices, the eldest of these Proprietors that was Pro- prietor 1% of March, 1669, shall have his choice, and after the decease of those, he that hath been longest a Proprietor, and hath paid his full proportion of money that bath been expended in the settlement of the Province, but after the year 1700, the eldest man of the then Lords Proprietors, and that hath paid his money as above, shall then have his choice.
IV. The eldest of those Proprietors that were so the 1" of March, 1669, that shall be in Carolina, and hath paid his full proportion of the money expended by the Lords Proprietors, shall of course be the Palatines Deputy, unless the Palatine and three more of the Lords Proprietors shall otherwise direct under their hands and seales.
V. The Palatine is to name the Governor, the Admiral, the Marshal of the Admiralty, the Chamberlain, the Registrar of Births and Marriages, the Constable, the Marshal of the Regi- ments, the Chief Justice, the Registrar of Writings and Con- tracts, the High Steward, the Surveyor of Land, the Chancellor, the Sergeant-at-arms attending the Chancery, and upon any man's producing a Commission from any of the Lords Proprie- tors. under his hand and seal for any Office in that Proprietors disposal, you are to admit the person so commissioned to the ex- cution of the said office.
VI. For as much as it is of great security to the Inhabitants of Carolina, that no ill or unjust man be in so great a trust in the Government as a Propr" Deputy, any Deputy of a Lord's Proprietor, howsoever constituted, shall cease to be a Deputy when the Palatine and three more of the Lords Proprietors shall, under their hands and seals, so order and direct,
VII. Forasmuch as it may be very mischievous to the In- habitants of our Province to have a Governor, Deputy, or any Officer in the choice of the respective Proprietors, not in the power of the Palatine and Proprietors to be removed when he shall act unjustly or contrary to law, and to the oppression of the people, or contrary to the peace or quiet or security of the settlement, any Governor, whether one of the Lords Proprie- tors or other, is to cease to be Governor whenever the Palatine and three or more of the L'a Proprietors shall, under their
61
EARLY HISTORY OF SOUTH CAROLINA.
bands and seals, signify it to be their pleasure, and so direct, or when any sis of the Proprietors or their Guardians, if under age, shall, nader their hands and seals, so direct, altho' the Pala- tine be not one of them.
VIII. Upon the death of any of the Lords Proprietors you are not to admit any person to any office that was in that Pro- prietor's disposal, who is dead. by virtue of a Commission from another Prop" until the Palatine and three or more of the Lords Prop'" have certified, under their hands and seals, that such Proprietor hath right to and is admissable unto the placo of that Proprietor, who is deceased, and had, during his life time. power of disposing of the said place.
IX. We have also agreed that each of the L'" Prop' shall nominate or appoint a Deputy, under his hand and seal, to be recorded in the Secretary's office in Carolina.
X. The Lords Proprietors Deputy's are to be your Council. If it shall happen that any of the Lords Proprietor's Deputys shall, by death or departure out of Carolina, cease to be a Deputy, that there may not be a failure in the Government for want of a due number of Proprietors Deputies, you, our Governor, and the rest of our Deputies who are so by deputation under the band and seal of the Proprietors, are by majority of votes giren by ballot to choose a person to be a Deputy for that Proprietor whose Deputy is dead or departed the Province, who shall con- tinue to be a Deputy, and have the same power as our other Deputies, unless in electing Deputies, until that Proprietor shall, under his band and seal, have appointed another Deputy.
XI. You, our said Governor, are, by and with the consent of any three or more of our Deputies, testified by their signing the commission, and where we ourselves have not appointed, or shall not appoint a person or persons for the said office, to con- stitute a Chief Judge by the name of a Sheriff, with 4 Justices, for the trial of causes in any of the Counties that have fifty freeholders qualified to serve on Juries, which Sheriff and Jus- tices are to take an oath, if free to swear, for the due adminis. tration of justice.
XII. Until any County have a Court erected in it, the causes of the Inhabitants of that County shall be tryed in that County that lyes next to them, and where a County Court is already appointed, and the Inhabitants of such County may serve as
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EARLY HISTORY OF SOUTH CAROLINA.
Jurymen, until a Court be erected in the next County, where they reside.
XIII. All Processes and actions to be tryed in the County Courts and Pleas, &c., shall be entred and records kopt of them by the Clerk of that County Court where the action is to be tryed, the Clerks of the respective County Courts shall be ap- pointed by the Chief Judge or Sheriff, which Clerks are to be sworn for the due execution of his office, and give security by his own bond.
XIV. You are by, and with consent of our Deputies, to appoint a Marshal to each County, who is to execute all writs and execu- tions issuing from the said Court.
XV. All Processes, Writs and Exeentions issuing in Actions or Causes to be tryed before yourself and our Deputies, shall be served and executed by the Provost Marshal.
XVI. All Actions, Pleas, &", to be tryed before yourself and our Deputies, are to be entred by the Secretary, by us appointed, and records thereof kept by him. Yourself and our Deputies are to hear and determine of Writs of Error from the Superior County Courts, and to be the Court of Chancery until we shall otherwise direct.
XVII. Yourself and our Deputies are to hear and determine all causes criminal and judgements thereon, to give and execution to award according to law, and as often as yourself and any three or more of our Deputies shall think it fit. You are also hereby empowered to grant Commissions to such other persons as yourself or any 3 or more of our Deputies shall think fit, to hear and determine all causes criminal and judgements thereon, to give, and execution to award according to law.
XVIII. And if it shall appeare to you that any person found guilty is a fit object of mercy, you are, by and with the consent of any three or more of our Deputies, to stop execution and re- prieve the said person, and then you are forthwith to send us a copy of the Indictment, and an account of the proofs against the said person, and the reasons why you think him worthy of mercy.
XIX. What other officers you, our said Governor, and our Deputies, shall find necessary for the better administration of justice, and carrying on the Government, and for which otice no person is before commissioned by us, or provision made,
EARLY HISTORY OF SOUTH CAROLINA.
you are, with consent of our Deputies, to grant Commiss". for. in our name, under the little seal appointed for the use of the Government in Carolina, to be in force until it shall be other wise directed by the Palatine and three and more of the Lords Proprietors. under their hands and seals, or a Comission by them granted to some other for the said place under the great seal of the Province. You are to grant no Commission but during pleasure only.
XX. And whereas power is given unto us, the Lords Pro- prietors, by virtue of our letters Patents from the Crown, to make, ordain and enact, and under our seals to publish laws for the better Government of the said Province, by and with the advice and consent and approbation of the freemen of the said Province, or their Delegates, or the major part of them, and in order thereunto to assemble them in such manner and form as to us, the Lords Proprietors, shall seem best. You are, with consent of any three or more of our Deputies, whenever you sball think there is need of laws for the better and more peace- able Governo of the Inhabitants of our Province, in our name, to issue writs to the Sheriff's of the respective Countys to choose 20 Delegates for the freemen of Carolina, viz : 5 for Albemarle County, 5 for Colleton County, 5 for Berkeley County, and 5 for Craveu County, to meet, and in such place, and at such time, as you and any 3 or more of our Deputies shall think fit to give their advice assent and approbation to such laws as shall be thought reasonable to be enacted for the better Government, peace and welfare of the said Province, always provided that the said laws be not repugnant to the laws of England.
XXI. And that there may be no dispute about the bounds of Countys, We have thought fit to appoint that the bounds of Albemarle County be from the great River called Albemarle River, on Roanoke River, to Virginia; that the bounds vi Craven County be from Sewee, 23 miles to the North East along the shore, and from thence 35 miles in a North West line into the land ; that the bounds of Berkeley County bo Sewce on the North East and so along the sea to Stonoh River to the South West, and 35 miles back into the Land from the Sea.
XXII. And that the bounds of Colleton County be Stouoh River on the North East, and Combehe on the South West, and 35 miles into the land in a streight line from the Sea, and where
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EARLY HISTORY OF SOUTH CAROLINA.
the Rivers nominated for the N. E. and S. W. bounds of any Countys do not extend full 35 miles from the sea in a streight line, the bounds of the said Countys are to be streight lines ran from the beads of the said rivers until it meet with the N. W. bounds of the said County, which is to be 35 miles from the Sea and no more.
XXIII. The Countys farther up than 35 miles from the Sea, shall have the same rivers for their bounds if they run so far up, but if the rivers run not so far, then a line running N. W. shall be extended 35 miles farther into the land, theo the N. W. bounds of the County next the Sea, which lines running N. W. shall be the N. E. and S. W. bounds of the said County.
XXIV, And when any County shall make it appear by the grants registered in the Register Offico, that there is in that County 40 freeholders, you are then to issue Writs to the Sheriff's of the said County for the choosing of 4 Delegates to represent in the _Assembly the freemen of that County, and then you are to issue Writs to the foronamed Countys for the choice of 4 Delegates for each County only.
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