USA > South Carolina > A chapter in the early history of South Carolina > Part 6
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XXV. And as other Countys come to be planted and make it appear there are 40 freeholders in the County, you are to issue Writs in such Countys for the choice of + Delegates, also to represent them in the General Assembly of the freemen of the Provinces, and before any County have 10 freeholders, so as to have Writs directed to it for the choice of Representatives for the County they reside in, they are to give their votes for the choice of Delegates in the County next to them that is qualified to choose Delegates.
XXVI. At the same time that you issue Writs for the choice of Delegates for the County, you are to send Writs, in our names, to each of the Landgraves and Cassiques of Carolina, to convene and give their advice and consent in the passing of such laws as shall be thought reasonable, and the Landgraves and Cassiques are to sit together with our Deputies.
XXVII. With the advice and consent of our Deputies and the Landgraves and Cassiques and Delegates of the freemen thus assembled, or the major part of them, you are to make, ordain and enact such laws as shall be thought necessary for the better Government of our Province, but to be ratified by your- self and 3 or more of our Deputies, undor their hands and seals
CARLY HISTORY OF SOUTH CAROLINA.
in presence of the Landgraves and Cassiques and Delegates of the Countys, before such acts be published or allowed to h. laws, which laws so passed are to continue in force for two years and uo longer, unless within that time they are ratified and confirmed under the hands and seals of the Palatine and 3 or more of the Loris Proprietors themselves, and by their order published in the General Assembly. (Here follows the addition to Smith.)
XXVIII. Any low so passed, before it hath been so ratified. under the bands and seals of the Palatine himself and 3 or more of the Lord's Proprietor's themselves, under their hands and seals, and by their order published in the General Assembly of the Landgraves and Cassiques and Delegates for the Countys. shall cease to be a law whenever the Palatine and 3 or more of the Lords Proprietors signify their dissent to it, under their hands and seals.
XXIX. You are constantly to transmit to us all Laws passed as soon as possible.
XXX. You, our Governor, are by and with the consent of 3 or more of our Deputies, to adjourn, prorogue and dissolve the General Assembly as often as you shall think it requisite so to do.
XXXI. We having long since thought fit to take all the Indians residing within 400 miles of Charles Town, into our Protection, as subjects to the Monarchy of England, you are not to suffer any of them to be sent away from Carolina.
XXXII. You, our said Governor, are to be Commander of all the Forces raised, or to be raised, within the limits of your Government, over whom you are to place Officers, and them r .- move at your pleasure, and to cause the said Forces to be du!y exercised in arms, and to do all other things that to a Com- mander-in-Chief doth belong.
XXXIII. You, our said Governor, are, to direct the meetings of our Deputies as often as you shall think fit.
XXXIV. If you, our said Governor, should happen to die or depart the Province, or any other ways be out of the Govern- ment, and no person on the place commissioned by the Palatine or us the La Prop". Our Will and Pleasure is, that the Pre- prictors Deputies, who are made so under the hands and seals of the Proprietors shall choose one of the Landgraves to be
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EARLY HISTORY OF SOUTH CAROLINA.
Governor, if any Landgrave be then in Carolina, and against whom there is no objection; and. if there bo any objection against the said Landgrave being Governor, they are to traus- mit the -aid objection to us; but if there be no Landgrave in Carolina against whom there is no objection, that then those our Deputies are hereby empowered to choose one of those our Deputies, who is so by virtue of a Deputation, under the Land and seal of a Proprietor, to be Governor until another shall be appointed by the Palatine; and if there be no Deputy who bath & Deputation under the hand and seal of a Proprie- tor, that then the Deputies may choose one of those Deputies put in by the Governor, to be Governor as aforesaid.
XXXV. You are to be very careful not to suffer any of the Inhabitants of our Province to commit any Acts of Hostility against the Spaniards.
XXXVI. You are to suffer no fines zo be laid on any one for misdemeanors by them committed, but to our use, the Gnes so laid being our right.
XXXVII. Yon, our said Governor, upon any misdemeanor committed, are, by and with the consent of any 3 or more of our Deputies, to suspend any Officer in Carolina, put in by any . of the Proprietors, except our Deputies and our Receiver-Gen- eral, and place another to exercise the said Office in his room until our pleasure be known, and while the said Office is exe- cuted by another, he that shall so execute the said Office is to keep an account of the profits of the said Office, and be respon- sible to the party who is so suspended, for the profits of the said Office, if we ourselves shall think fit to restore him, and so direct ; And you are to send to us the reasons of such suspen- sion, that we ourselves may be enabled to judge if there be sufficient cause for your so doing, and what the said party doth alledge for himself.
XXXVIII. Any Officer put in by any of the Proprietors, if he execute the said Office by a Deputy, is to take such Deputy as yon our Governor and our Deputies shall approve of, and no other.
XXXIX. You are to take all imaginable care to see the Acts of Trade and Navigation duly to be observed.
XL. You are to use your utmost endeavors to seize any Pirates that shall come to Carolina, and you are to prosecute
EARLY HISTORY OF SOUTH CAROLINA.
all such as shall presume to trade with them, or have any com merce with thera contrary to law, with all the utmost rigor the law allows.
XLI. In all other matters not limited or provided for by these our instructions, you, our said Governor, are, by and with the consent of any 3 or more of our Deputies, to make such Orders from time to time. for the peace and safety of the Gov- ernment there, as to you shall seem necessary, and we ourselve- have power to do, by virtue of our Charter from the Crown which Orders you are forthwith to transmit to us, with your reasons for the making of them. which Orders are to be in force until we shall, under the band and seal of the Palatine, and 3 or more of the Lords Proprietors otherwise direct, and no longer.
XLII. These Instructions shall be rules for proceedings for any succeeding Governor as well as yourself, and be put in execution by him until we shall otherwise direct.
XLIII. We do hereby repeal and make void all former In- structions for the Government of that part of our Province that lyes S. and W. of Cape Fear, and all temporary laws what- soever, these our instructions being to be your only rule for the Government for the future until we shall otherwise direct, but our powers and rules for granting land are not hereby revoked. but to remain as they are.
Given under our hands and seals, this Su day of November, 1691.
CRAVEN, Palatine. (X) ASHLEY.
P. COLLETON.
JOHN ARCHDALE, FOR THOS. ARCHDALE. THOS. AMY.
APPENDIX .- No. X.
S. P. O.
Instructions for Thomas Smith, Governor of Carolina. 20 Nov., 1693.
No. Carolina.
B. T. Vol. +. The same as those to Governor Ludwell, 8 November. p. 3. 1691, with the following addition only to Article 27 :
" Always provided that such laws be not for the alteration of Courts of Judicature in Carolina, or alteration of the forms ti proceeding therein from what was practised during the Grov
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EARLY HISTORY OF SOUTH CAROLINA.
ernmt of Landgrave Joseph Moreton and Landgrave James Col- leton, or any other matters relating to Juries or election of Representatives for the General Assembly. or the fees taken or belonging to any Officer or Officers constituted and appointed by us, all which being matter that will admit of delay, without exposing the safety of the Inhabitants to any Foreign Enemy or attempt of the Indians, We Will and Ordaine that bills rels- ting to the above mentioned matter that have passed the Gone- ral Assembly, and consented to by you our Governor, or the Governor for the time being, and our Deputies and the Land- graves and Cassiques, shall be transmitted to us to be consider- ed and ratitied and confirmed under the hands and seals of the Palatine, and three or more of the Lords Proprietors, before · they are published and put in execution as law in Carolina."
APPENDIX .- No. XI.
Instructions for Francis Nicholson, Esq., His Maj".
S. P. O. Capt. General and Commander in Chief in and over
No. Carol.
B. T. Vol. 35. His Maj'ye Province and Territory of Carolina, in America. Given at Whitehall the 30 Aug. 1720.
1st. With these Instructions you will receive His Maj. & Com- mission, under the Great Seal of Great Britain, constituting you Captain-General and Governor-in-Chief in and over His Majya Province and Territory of Carolina, in America.
2nd. And for the better administration of justice and manage- ment of the public affairs of H. M. said Province, you are re. required to choose and appoint such fitting and dis-
To appoint a Councilnot creet persons, either Planters or Inhabitants there. execed'g 12. not exceeding the number of twelve, as you shall judge most proper to be of H. M. Council in Ilis said Province. until H. M. further pleasure be known. And you are forthwith to transmit to H. M. and to His Commises for Trade and Planta- tions, a list of the Names and Qualifications of all the said persons so by you appointed to be His Majy , Council there.
3. And you are, with all due and usnal solemnity, to canse To publish H. M. said Commis', under the Great Seal of Great his Commission. Britain constituting rou H. M. Capt. General and Governor in-Chief as aforesaid, to be read and published at the said meeting.
EARLY HISTORY OF SOUTH CAROLINA.
4. Which being done, you shall administer to each of the Members of H. M. said Council, as well the Oaths appointed to be taken by an Act passed in the first year of II. M. Reign, en- titled An Act for the further security of H. M. person. Administer the
Oaths. and government and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extin. quishing the hopes of the pretended Prince of Wales and his open and: secret Abettors, as also cause the Members of H. M. said Council to make and subscribe the Declaration mentioned in an Act of. Parliament made in the 25th year of the Reign of King Charles the 2d, entitled An Act for preventing dangers which may happen from Popish Recusants, and every of them are likewise to take an oath for the due execution of their Offices and their equal- and impartial administration of justice.
5. You are forthwith to communicate unto H. M. said Council. such and so many of these Instructs wherein their ..
Comunicate his instructions to advice and consent are mentioned to be requisite, the Council. as likewise all such others from time to time as you. shall find convenient for H. M. service to be imparted unto them.
Council to have freedom of de- bate and vote.
6. You are to permit the Members of H. M. said Council to hare and enjoy freedom of dobate and rote in all' affairs of public concern that may be debated in Council.
7. And that His Majy may be always informed of the Names and Characters of persons fit to supply the Vacancies Persons to supply vacan- which shall happen in His said Council, You are to cies in Council. transmit unto H. M. by one of His Principal See" of State, and to his Comiss" for Trade and Plantations, with all convenient speed, the names and characters of twelve persons, Inhabitants of the said Province, whom you shall esteem the best quality'd for that Trust, and so from time to time when any of them shall dye, depart out of the said Province, or become otherwise unfit, you are to nominate so many other persons to H. M. in their stead, that the list of twelve persons fit to supply the s' vacancies may be always compleat.
8. You are from time to time to send to H. M. as aforesabl. and to His Comis's for Trade and Plantations, the names and qualities of any Members by you put into the said Council by the first conveniency after your so doing.
Names and Qualities of Personerat into Council.
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EARLY HISTORY OF SOUTH CAROLINA.
9. And in the choice and nomination of the Members of Qualifications H. M. said Conneil, as also of the Chief Officers.
of Coupeii- Judges, Assistants, Justices and Sheriffs, you are 1 .Is. always to take care that they be men of good life, and well affected to H. M. Governm", and of good estates and abilities, and not necessitous persons or much in debt.
10. You are neither to augment nor diminish the number of Not to aug- H. M. said Council, nor to suspend any of the Mem- ment or di- minish their number. bers thereof without good and sufficient cause, nor without the consent of the majority of the said Con- About sus- pendling Councillors. cil. And in case of suspension of any of them, you are to cause your reasons for so doing, together with the charges and proof's against the said persons, and their answers thereunto, to be duly entred upon the Council Books, - and forthwith to transmit copies thereof to His May as afore- said, and to his Comist for Trade and Plantations. Neverthe- less, if it should happen that you should have reasons for suspending of any Councillor, not fit to be communicated to the Council, you may in that case suspend such person without their consent ; But you are, thereupon, immediately to send to H. M. by one of His Principal Secr of State, and to bis Comis" for Trade and Plantations an account thoreof, with your rea- sons for such suspension, as also for not communicating the same to the Council, and Duplicates thereof by the next occa- sion.
11. And you are likewise to signify H. M. Pleasure unto the Members of his said Council, that if any of them shall hereaf-
Councillors ter absent themselves from the said Province, and absenting. continue absent above the space of twelve months together; without leave from you or from the Comander-in- Chief of the said Province, for ye time being first had and obtained under your or his hand and seal, or shall remain absent for the space of two years successively, without II. M. leave given him or them under His Royal Signature, their place or places in the said Council shall immediately thereupon become void, and that H. M. will forthwith appoint others in their stead.
12. And altho' by your Commission aforesaid, H. M. bas
Quorum of thought fit to direct that any three of the Council- the Council.
lors make a Quorum, it is, nevertheless, H. M. will
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EARLY HISTORY OF SOUTH CAROLINA.
and pleasure, that you do not act with a Quorum of less than live Members, unless upon extraordinary emergencies, when a greater number than three cannot be conveniently be had.
IS And whereas His May is sensible that effectual care ought to be taken to oblige the Members of His Council to a due attendance therein, in order to pre-
Council yrs
willfally no-
seating forte
suspended. vent the many inconveniences that may happen for want of a Quorum of the Council to transact business as occa- sion may require. It is H. M. Will and Pleasure that if any of the said Council then residing in the Province, shall here- after, willfully absent themselves when duly summoned, without a just and lawful cause, and shall persist therein after admoni- ton, you stispend the sail Councillors so absenting themselves. till H. M. further pleasure be known. giving H. M. timely notice thereof. And you are to signify this H. M. pleasure to the several Members of the said Council aforesaid, and it be entered in the Council Books of the said Province as a stand. ing rule.
14. You shall take care that the Members of the Assembly be elected only by Freeholders, as being more Electiono or As-
sembly Men. agreable to the custom of this Kingdom, to which you are as near as may be to conform yourself in this particular. 15. Your are to observe in the passing of Laws, that the stile of enacting the same, be by the Gov Council Stile of Laws.
and Assembly and no other. You are also, as much as possible to observe in the passing of all Laws, that whatsoever may be requisite upon each different matter, be accordingly provided for by a different Law, without intermixing in one and the same Act, such things as have no proper relation to each other. And you are more especially to take care that no Cianse or Clauses be inserted in, or annexed to any Act which shall be foreign to what the Title of such respective Act im- ports; and that no perpetual Clause be part of any Temporary Law, and that no Act whatever. be suspended, altered, revised, confirmed or repeated by general words, but that the Title and Date of such Aut so suspended, revised, confirmed or repeated, be particularly mentioned and expressed.
16. You are also, to take care that no Private Act be passei, Reservaronin in which there is not a saving of the right of Ili- Private A. . Ma His Heirs and Successors, all Bodies, politiek
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EARLY HISTORY OF SOUTH CAROLINA.
or corporate, and of all other persons, except such as are men- tioned in the - : Act.
17. And whereas great mischief's may arise, by passing Bills Bills ofunusa-of an unusual and extraordinary nature and impor- a! ani extra r- dimary nature. tance in the Plantations. all Bills remaining in three there from the time of enacting, until H. M. pleasure be sig- nited to the contrary; you are hereby required not to pass, or give your consent hereafter, to any Bill or Bills in in the As. sembly of the said Province, of unusual or extraordinary nature and importance, wherein Ilis Mass prerogative or the property of his Suljeets, may be prejudiced or the Trade or Shipping of this Kingdom, any ways effected until you shall first have transmitted unto H. M. the draaght of such : Bill . . or Bills, and shall have recivd. H. M. pleasure thereupon : an- less you take care in the passing of any Bill of such nature as before mentioned, that there be a clause inserted therein, suspending and defering the execution thereof, until H. M. pleasure sball be known, concerning the same, web you are like- wise to observe in the passing of all Acts, that shall repeal any Act or Acts that have had the Royal Assent.
18. And that it may be the better understood what Acts and Laws are in force in the said Province of Carolina, You are, with the assistance of the Council to take care that
I.awe to be r --
Vised. all Laws now in force be revised and considered, and if there be anything either in the matter or stile of them, which may be fit to be retrenched or altered, You are to repre- sent the same unto H. M. with your opinion touching the said Laws now in force ( whereof you are to send a compleat Body unto H. M. and to His Comiss" for Trade and Plantations.) with such alterations as you shall think requisite to the end H. M. approbation or disallowance may be signify'd thereupon.
19. You are to transmit Authentic Copies of all Laws, Stat- utes and Ordinances, that are now made and in force, which have not yet been sent, or which at any time bere-
To send cop-
ies of all laws. after shall be made or enacted within the said Pro- rince, each of them separately under the publick Seal unto II. M. and to his said Comis" for Trade and Plant within three months or sooner after their being enacted, together with Du- plicates thereof by the next conveyance, both which Copies and Duplicates are to be fairly abstracted in the margin, upon pain
EARLY HISTORY OF SOUTH CAROLINA.
of LI. M. high displeasure, and of the forfeiture of that year'- salary, wherein you shall at any time or upon any preteuce whatsoever omit to send over the sª Laws, Statutes and Ordi- Dances aforesaid within the time above limited, as also of such other penalty as H. M. shall please to inflict. But if it shall happen that during the time of War no shipping shall come from the s' Province within three months after the making such Laws, Statutes and Ordinances, whereby the same may be transmitted as atoresaid. then the said Laws, Statutes and Or- dluances are to be transmitted by the next conveyance after the making thereof, whenever it may happen for H. M. approbation or disallowance of the same.
20. And His Majy's farther Will and Pleasure is that upon To date Àvis every Art which shall be transmitted there be ve
and see (t- several Dates or respective times when the same
servation: 00 passed the Assembly, y' Council, and received your Assent. and you are to be as particular as may be in your ob- servation (to be sent to H. M. Comiss for Trade and Plant'. upon every Act, that is to say whether the same is introductory of a new Law, declaratory of a former Law, or for the repeal of any Law in being; and you are likewise to send to the s4 Comisar the reasons for the passing of such law, unless the same do fully appear in the preamble of the said Act.
21. You are for the better administration of justice, to endeavor Qualification to get a Law passed, wherein shall be set the value of Men's Estates, either in Goods or Lands, under which they shall not be capable of serving as Jurors.
22. You shall administer or cause to be administ' the oaths To administer appointed to be taken by the aforest Act, for the the Oath .. further security of H. M. person and Govern', and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants; and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors, unto all Members and officers of the Conseil and Assembly, all Judges and Justices, and all other persons that hold any office or place of Trust or profit in the said Province ; and yon shall also cause them to make and subscribe the fores Declaration, withont the doing of all which, you are not to admit any person whatsoever into any publick office, nor sutter those that have been admitted formerly to continue therei ...
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EARLY HISTORY OF SOUTH CAROLINA.
23. You are to take care that in all Acts or Orders to be Acts for levy- passed within that Province, in any case for levring ing Money. Money or imposing Fines and Penalties, express mention be made that the same is granted or reserved to H. M., his Heirs and Successma, for the public uses of that Province and Reserves to the King. the support of the Governm' thereof, as by the sait Act or Order shall be directed
24. And His May does particularly require and command. that no mony or value of mony whatever, be given or granted by any Act or Order of Assembly to you the Goya
Granting Money to the L'Gov' or Comander-in-Chief of the said Province, Gov'r. which shall not according to the stile of Avis of Parliam' of Great Britain, be mentioned to be given and.granted · unto His Mar, with the humble desire of such Assembly, that the same be applyª to the use and behoof of such Govt, Lieut. Gove or Command -in-Chief, if H. M. shall think it; or if he shall not approve of such Gift or Application, that the said Mony or value of mony. be then disposed of and appropriated to such other uses as in the said Act or Order shall be mention al ; and that from the time the same shall be raised, it remain in the hand of the Receiver General of the said Province, until H. M. pleasure shall be known therein.
25. And, whereas, several inconveniences have arisen to HI MI. Govern' in the Plants by Gifts and Presents made to
Gifts and
Presente to the Govern'r the Gorn by the General Assemblies: You are, prohibited. therefore, to propose unto the said General Assembly, and use your utmost endeavors with them, that an Act be passed for raising and settling a publick Revenue for defraying the necessary charge of the Govern' of the said Province; and that therein Provision be particularly made for a A Salary for him to be settled. competent salary to yourself as Cap' General and Govi-in-Chief of the said Province, and to any other succeeding Cap Gen. for supporting the dignity of the said office, as likewise due provision for the contingent charges of Ditto forother Our Council and Assembly, and for the Salaries of Officers. the respective Clerks and other Officers thereunto belonging; as likewise of all other Officers necessary for the administration of that Govern', and when such Revenue shall so have been settled, and provision made as aforesaid, then H. M. express. Will and Pleasure is, that neither you, the Gov"
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EARLY HISTORY OF SOUTH CAROLINA.
nor any Gove, Lieu Gov Command-in-Chief or Preside of the Council of the said Province of Carolina for the time being, d .. give your or their consent to the passing any Law or Act for any Gift or Present to be made to you or them by the As- sembly, and that neither you nor they do receive any Gift or Present from the Assembly, or others, on any account, or in any manner whatsoever, upon pain of H. M. highest displeasure and of being recalled from that Govern'.
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