USA > South Carolina > A chapter in the early history of South Carolina > Part 7
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26. And his May does further direct and require that this The foregoing article to be en- tred in the Declaration of His Royal Will and Pleasure be communicated to the Assembly at their first meet- Council bk. ing after your arrival in that Province, and entred into y Journals of the Council and Assembly, that all persona whom it may concern may govern themselves accordingly.
23. And, whereas, H. M. is willing, in the best manner, to provide for the support of the Govern' of the said
In a sence cr the torr the Comand-in. Province, by setting apart sufficient allowances to Chief to have a Moiety of the Salary. such as shall be Governors or Commander-in- Chief, residing for the time being, within the same. H. M. Will and Pleasure therefore is, that when it shall happen that you shall be absent from that Province, one Molety of the Salary, and of all perquisites and emoluments whatsoever, which would otherwise become dne unto you, shall, during the time of your absence, be paid and satistiel unto such Gove or Comando-in-Chief who shall be resident within the said Province for the time being, which H. M. does order and allot unto him for his maintenance and for the better support of the dignity of that Government.
28. And, whereas, great prejudice may happen to H. M. service and the security of that Province, by your Not to come to Gt. Britain absence from those parts, you are not, upon any without leave. pretence whatsoever, to come into Great Britain without having first obtained leave for so doing from H. M., under His Royal Signet and Sign Manual, or by H. M. Order, in His Privy Council: But in case of your being seized by any dangerous sickness, which may make it necessary But may go
to New York. for you to change the air, by removing to som# other climate, in order to the recovery of your health, H. M. does permit you to repair to New York or such other Northern Plantats on the continent of America, as you judge most coute-
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EARLY HISTORY OF SOUTH CAROLINA.
nient: Provided you do not remain absent from your Govern any longer than shall be absolutely necessary for your recovery from such dangerous sickness.
20. And, whereas, I. M. bas thought tit by his Comise to di- rect that in case of your death or absence from the President not s Province, and in case there be at that time no what are inime- diately neces- person upon the place commissionated or appointed sary. by H. M. to be Lieut. Gov or Comandi-in-Chief, the eldest Councillor, who shall be at the time of your death or absence residing within the Province of Carolina, shall take upon him the administre of the Govern' and execute H. M. said Commission and Instructions and the several Powers and Au- thorities therein contained in the manner therein directed. It ' is nevertheless H. M. express Will and Pleasure that in such case the said President shall forbear to pass any Acts but what are immediately necessary for the peace and welfare of the s: Province, without His Mays particular Order for that purpose. 30. You are not to permit any clause whatsoever to be in- serted in any Law for levying mony or the value of lesy'lto be ac- Mony mony, whereby the sumne shall not be made liable
counted for her- in Gt . to be accounted for unto H. M. in this Kingdom, Britain.
and to the Comist of H. M. Treasury or to His High Treasurer of G' Britain for the time being.
31. And H. M. does particularly require and enjoyn you, upon Fair Booksof pain of His highest displeasure to take care that Accoun's to be Fair Books of Accounts of all Receipts and Paym" of all such mony be duly kept, and ye truth thereof attested upon oath, and that the said Books be transmitted every balf year or oftener to the Comis" of H. M. Treasury, or to His High Treasurer for the time being, and to His Comis" for Trade and Plants and Duplicates thereof by the next convey- ance, in which Books shall be specify'd every particular sum raised or disposed of, together with the names of the persons to whom any payment shall be made, to the end II. M. may be satisfy'd of the right and due application of the Revenue of y" said Province.
32. Yon are not to suffer any publick mony whatsoever to
Public Mony be issued or disposed of otherwise than by Warrant to be issued hy under your hand, by and with the consent of the Council. But the Assembly may nevertheless be cil,
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EARLY HISTORY OF SOUTH CAROLINA.
permitted from time to time to view and examine the account- Aszemtir mar of mony or value of mony disposed of by virtu .
counts. of laws made by them, which you are to signify to them as there shall be occasion.
33. It is His Mat'' express Will and Pleasure that no Law for
Imposition for raising any Imposition on Wines or other strong un Wfdes, &c. Liquors, be made to continue for less than one whole year, and that all other laws made for the supply and support of the Governm' shall be indefinite and without limitation. except the same be for a temporary service and which shall expire and have their full effect within the time prefixt.
34. And, whereas, several other Laws have formerly been enacted in the Plantation for so short a time that
Laws not to be passed for H. M. assent or refusal thereof could not be had soo short a time thereupon before the time for which such Laws were enacted did expire. You shall not for the future give your assent for any Law that shall be enacted for a less time than two years (except in the cases mentioned in the Nosto re-enact rspeale 1 Acts. foregoing article) and you shall not ro-enact any Law to which HL. M. assent has once been refused, without ex- press leave for that purpose first obtained from H. MI. upon a full Representation by you to be made of the reasons and necessity of passing such Law.
35. And, whereas, the Members of several Assemblies in th 3 Privileges of Plant' have of lato years assumed to themselves Asserubly men. Privileges no ways belonging to them, especially of being protected from suits at Law during the term they remain of the Assemblies, to the great prejudice of their Creditors ani the obstructing of Justice. And some others have presum" > adjourn themselves at pleasure, without leave from HI. M. Gov. ernors first obtained : And others have taken upon them the · sole framing of mony Bills, refusing to let the Council alter i amend the same. All which are very detrimental to H. M. pr .. rogative. If upon your calling an Assembly in Carolina you find them insist upon any of the above privileges, you are to signify to them that it is H. M. express Will and Pleasure that you do not allow any protection to any Member of the Coup A or Assembly further than in their persons, and that only during the sitting of the Assembly, and that you are not to allow then to adjourn themselves, otherwise than de die in diem, except .
EARLY HISTORY OF SOUTH CAROLINA.
Sundays and Holidays, without leave from you or the Comand". in-Chief for the time being first obtained. And that the Council have the like power of framing, mending or altering mony Bills, as the Assembly and you are hereby expressly en- joyu'd not to allow the Members of Assembly in Carolina any power or privilege whatsoever which is not allowed by H. M. to Members of the House of Commons in Great Britain.
36. You shall take care that an Act passed here in the 6th Year of the Reign of hor late May Queen Anne,
Rates of for-
eiga coin set- Entitled " An Act for ascertaining the rates of Foreign tied. Coins in the Plant in America," bo daly observed and put in execution.
37. And you are particularly not to pass any Law or do any
Revenue Do: Act by Grant, Settlement, or otherwise, whereby to be lessened. the publick Revenues may be lessened or impaired ir tout H. M. especial leave or command therein,
38. You shall not remit any Fines or Forfeitares whatsoever, Disposing of above the sum of Ten Pounds, nor dispose of any Fides and For- Escheats, Fines or Forfeitures whatsoever, antil feltures.
upon signifying to the Comis" of H. M. Treasury or His High Treasurer for the time being, and to His Comis" for Trade and Plants y' nature of the offence and the occasion of such Fines, Forfeitures or Escheats, with the particular sums or value thereof, (which you are to do with all speed,) you shall have received H. M. directions therein : Bat you may in the mean time suspend the payment of such Fines and Forfeitures.
39. You are to require the Secretary of the sª Province to
furnish you with transcripts of all such Acts and Copies of Acts and Journals of Council to be publick Orders as shall be made from time to time, sent. together with a Copy of the Journals of the Council. And that all such Transcripts and Copies be fairly abstracted in the margins, .To the end the same may be transmitted unto H. M. and to His Comis" for Trade and Plants as above directed, which he is daly to perform upon pain of incurring the forfeit- ure of his office.
40. You are to require from the Clerk of the Assembly, or other proper officer, transcripts of all Journals and sembly to be other proceedings of the said Assembly, and that Journal of AN- sent. all such Transcripts bo fairly abstracted in the margin, to the end the same may be in like manner transmitted
EARLY HISTORY OF SOUTH CAROLINA.
to His Maj? and to His Comis" for Trade and Plants as afore- said.
41. You sball transmit to H. M. and to His Comis" for Trade
A Map to be and Plants by ye first opportunity, a Map with the
seat. exact description of the whole Province under your Goreruy with the several Plants upon it, and of the Fortifica- tions.
42. You are to transmit unto H. M. and to His Comis" for List of Officers Trade and Plant with all convenient speed, a parti to be sent. cular Account of all Establishments of Jurisdictions. Courts. Offices and Officers, Powers, Authorities, Fees and Privileges, which shall be granted or settled within the said Province, by virtue and in pursuance of H. M. Comist and In- struct to you the s" Captain-General and Gorr-in-Chief of the same, to the end you may receive H. M. further directions therein.
13. You shall send a List of all the Officers, employ" under Charge of your Govern' together with an account of both the Officer- and ordinary and extraordinary or Contingent Charges thereof. an l of such funds as are, or shall be settled and appropriated to discharge the same.
44. You shall send an account to H. M. and to His Comis" for To send num- Trade and Plants, of the present number of Pianters ber of planters, and Inhabitants, Men, Women and Children, as well Masters as Servants, free and unfree, and of the slaves in the said Province, as also a yearly account of the increase or de- crease of them, and how many of them are At to bear arms in the Militia of the said Province.
45. You shall also cause an exact Aco' to be kept of all per- and Bills of sons born, christn'd and buried, and send yearly
Mortality. fair Abstracts thereof to H. M. and his Comis™, for Trade and Plantations as aforesaid.
46. You shall not displace any of the Judges, Justices, Sher- Not to dis- iffs, or other Officers or Ministers within the said place Judges. Province, without good and sufficient cause to be signify'd unto H. M. and to His Comis" for Trade and Planta!' and to prevent arbitrary removals of Judges and Justices ot the Peace, you shall not express any limitation of time in the Comi,n. which you are to grant with the advice and consent of the Council of the s' Province to persons fit for those em.
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EARLY HISTORY OF SOUTH CAROLINA.
ploym' nor shall you execute yourself, or by Deputy, any of the s' Offices, nor surfer auy person to execute more Offices than ovo by Deputy.
47. You shall not erect any Court or Office of Judicature. not Not to ereut before erected or established, nor dissolve any Court
new Courts. or Office already erected or established, without H. M. especial order.
48. And you are, with the advice and consent of II. 3[. sª
To regulate Council, to take care to regulate all Salaries and Salaries. Fees belonging to places or paid upon emergencies. that they be within the bounds of moderation, and that no exaction be made on any occasion whatsoever; as also, that Tables of all Fees be publickly hung up in all places where such Fees are to be paid : And you are to transmit copies of all such Tables of Fees to H. M. and to His Comist for Trade and Plante as aforesaid.
49. Whereas, it is necessary that H. M. rights and dies be preserved and recovered, and that speedy and effec-
Court of Ex-
chequer to be tual justice be administered, in all cases relating to c.uled.
the Revenue you are to take care that a Court of Exchequer be called, and do meet at all such times as shall be needful, and you are. upon your arrival, to inform H. M. and his Comisna for Trade and Plante, whether H. M. service may require that a constant Court of Exchequer be settled and established there.
50. You are to take care that no Man's Life, Member, Free- Life, &c., not hold or Goods, be taken away or harmed in the to be taken but Province. otherwise than by establish and by known laws. known Laws, not repugnant to, but as near as may be agreeable to the Laws of this Kingdom.
51. You are to take care that all Writs within the said Pro- Writs in the
King's Name. . vince be issued in H. M. Name. .
52. And, whereas, frequent complaints have been made to H. M. of great delays and undue proceedings in the Courts of Justice, in several of the Plante, whereby many of Justice not to
be delayed. HI. M. subjects have very much suffered and it be- ing of the greatest importance to H. M. service and to the wel- fare of the Plantat' that Justice be everywhere speedily and duly administret, and that all disorders, delays and other undue practices in the administration thereof be effectually prevented.
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EARLY HISTORY OF SOUTH CAROLINA:
H. M does particularly require you to take especial care that, in all Conrts where you are authorized to preside, Justice be im- partially administred, and that in all other Courts established within the said Province, all Judges and other persons therein concerned, do likewise perform their several duties without any delay or partiality.
53. His Majesty does farther, by these presents, will and require Appeals to the Governor you to permit appeals to be made, in cases of errors, from the Courts in Carolina unto you, the Govrand Council in civil causes, provided the value appealed for do ex- ceed the sum of one hundred pounds sterling, and security b: first duly given by the Appellant to answer such charges as shall be awarded, in case the first sentence shall be affirmed ; provided, also, that if any of the said Council shall at that time he Judges of the Court from whence such appeal shall be made to yon, H. MI. Govern' and Council, or to the Comand-in- Chief for the time being, and Council, such Councillor or Coun- eillors shall not be admitted to vote upon the said appeal. But he or they may nevertheless be present at the hearing thereof, to give the reasons of the judgment given by him or them in the cause wherein such appeal shall be made.
54. And, whereas, H. M. judges it necessary, that all his sub- Appeals to the jects may have liberty to appeal unto himself in King. cases that may require the same, H. M. will and Pleasure, therefore, is that if either party shall not rest satisfy'' with the judyne or sentence of His Gorr and Council, they may then appeal auto H. M. in His Privy Council, provided the matter in difference exceed the real value and sum of three hun- dred pounds sterls, and that such appeal be made within four- teen days atter sentence, and that security be likewise duly given by the appellant to answer such charges as shall be awarded in case the sentence of the Gov and Council be af- firmed ; and provided, also, that execution be not suspended by reason of any such appeal unto H. M.
55. In case any Goods, Mony or other Estate of Pirates, or piratically taken, shall be brought in or found within H. M. > Pirates effects Province of Carolina, or taken on board any ships to be secured. or vessels, you are to cause the same to be reized and secured until you shall have given H. M. an account thereot,
EARLY HISTORY OF SOUTH CAROLINA.
and received His pleasure concerns the disposal of the same- But in case sach goods, or any part of them, are perishable the same shuil be publickly sold and disposed of, and the produce thereof in like manner secured until H. M. further order.
56. Whereas Commissions have been granted unto seroral persons in the respective Plantations in America for the trying Trying of Pi- of Pirates in those Parts, pursuant to the Act for Tates. the more effectual suppression of Piracy, you will! likewise herewith receive a Comis" to the same purpose. And H. M. Will and Pleasure is that in all matters relating to Pirates you govern yourself according to the intent of the suit Act and Comisa. But, whereas, Accessaries in cases of Piracy beyond the Seas, are by the said Act left to be try'd in England, accord- . ing to the Statute of the 28" of King Heury 8h, you are hereby further directed and required to send all such Accessories in ca .es of Piracy in the aforesaid Province of Carolina, with the proper evidences that you may bave against them, into Gt. Britain, in order to there being try'd here. It is Prisoners sen: to England. H. M. further Will and Pleasure that no persons for the future be sent as Prisoners to this Kingdom from the aid Province of Carolina without suficient proof of their crimes, and that proof transmitted along with the said Prisoners.
57. You are to permit a Liberty of Conscience to all persons, Liberty of Cou- (except Papists,) so they be contented with a quiet science. and peaceable enjoyment of the same, not giving offence or scandal to the Governt.
58. You shall take care that all Planters, Inhabit' and Chris- tian Servants be well and fitly provided with Arms, and that they be listed under good officers, and when and as
Inhabitants to be armed. often as shall be thought fit, mustred and trained, whereby they may be in a better readiness for the defence of the s' Province, and for the greater security thereof. You are to appoint fit Officers and Comanders in the several parts of
that Country bordering upon the Indians, who
and Indian bor-
ders secured. upon any Invasion may raise Men and Arms to oppose them, until they shall receive your directions therein.
50. You are to take especial care that neither the frequency nor unreasonableness of remote Marches, Musters, or Tramings,
Militia March- be an unnecessary impediment to the affairs of the Inhabitants.
EARLY HISTORY OF SOUTH CAROLINA.
60. You shall not, upon any occasion whatsoever, establish of Articles of put in execution any Articles of War or other Law War. Martial upon any of H. M. subjects, Inhabitants mi the said Province, without the advice and consent of II. M. Council there.
61. And, whereas, you will receive from H. M. Comists for exo- Vice-Admiral- cuting the Office of High Admiral of Gt. Britain.
and of ye Plantations a Comisª of Vice-Adm' of the said Province of Carolina, you are hereby required and directed carefully to pat in execution the several powers thereby granted you.
62. You shall take an Inventory of all such Arms, Amma- Inventory of nition and Stores, as are remaining in any Maga-
sent home.
Arms to be zines or Garrisons in the said Province, and trans- mit the said Account and Inventory, to H. M. and to Miss Comist for Trade and Plantations with all speed and the like Inventory, afterwards half yearly, as also. Duplicate there». to the Master General or Principal Officers of the Orduancy which accounts are to express the particulars of Ordnance. Carriages, Ball, Powder and all other sorts of Arms and An- unition, in the publick Stores, and so from time to time of' what shall be sent to you, or bought with the publick mony. and to specify the time of the disposal and the occasion theroot, it being H. M; pleasure, that such accounts be transmitted a- aforesa every six months, or oftn'r as opportunity shall offer. for H. M. better informt" and Duplicates thereof by the next conveyance.
63. You are to take especial care that it storehouses bo Storehouses for settled in the said Province, for receiving and keep Arms. ing of arms, amunition and other publick Stor .. 64. And. whereas, it is absolutely necessary that H. M. M. exactly informed of the state of defence of all Li- State of de Plantations in America, in every respect, and more fence to be sent home.
especially with relation to the Forts and Fortitica(" that are in each Plantation, and what more may be necessary to be built for the defence, and security of the same. You Are. as soon as possible after your arrival at Carolina, to prepare an acc" thereof. with relation to the said Province in the most pir- ticular manner, aud to transmit the same to H. M. and to Ili- Comis" for Trade and Plant aud the like accounts afterwar .... yearly.
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EARLY HISTORY OF SOUTH CAROLINA.
65. You shall cause a survey to be made, of all the consider- Survey of able landing places and barbours, in the said Harbours, &c. Province and with the advice of H. M. Council there erect in any of them, such Fortifications as shall be necessary for the security and advantage of the said Province, which shall be done at the Publick charges, and you are accordingly to move the General Assembly to the passing of such Acts, as may be requisite for the carrying on of that Work, in which II. M. does not doubt of their chearful concurrence, from the common security and benefit they will roceivo thereby.
66. And that H. M. may be the better informed of the Trade
Entries of of the s' Province, you are to take especial care that
Goods, dne entries be made in all ports thereof, of all goods and commodities, their species and quantities, with the names, burthen and guns of all ships importing and exporting the same, as also the names of their Commanders, and further expressing, from and to what places, the said Ships do come and go, (a Copy whereof, the Naval Officer is to asl Naval furnish you with.) and you are to transmit the compra berenc. same unto H. M. and to his Comis" of the Treasury or the High Treasurer of Gt. Britain for the time being, and to His Comist for Trade and Plant® quarterly, and Duplicates thereor by ye next conveyance.
67. Whereas, H. M. has been informed that during the late War, intelligence bas frequently been had in France of the state of the Plantations, by letters from private persons to their Correspondents in Gt. Britain, taken on board sbips coming
Intelligence from the Plantations and carried into France, which with the
Frenchto ue prevented. may be of dangerous consequence. H. M. Will and Pleasure, therefore is, that you signify to all Mer- chants and others, that they be very cautious in time of War, in giving any acct by letters, of the publick state and condition of the said Province of Carolina, And you are farther to give directions to all Masters of Ships or other persons to whom you may entrust your letters, that they put such letters into a Bagy, with a sufficient weight to sink the same immediately
and letters to in case of imminent danger from the Enemy. And besnik in you are also to let the Merchants and Planters caseof langer. know how greatly it is for their interest that their letters should not full into the hands of the Enemy ; and,
EARLY HISTORY OF SOUTH CAROLINA.
therefore, that they should give the like orders to the Master- of Ships in relation to their letters. And you are further to udvise all Masters of Ships, that they do sink all letters in care of danger in the manner beforemention1.
63. And, Whereas, in the late Wars, the Merchants and Planters in the West Indies did correspond and
To hini=r Trade and trade with the French, and carry intelligence to Correspondee withthe them, to the great prejudice and hazard of the Frenco. British Plantations: You are, therefore, by all pos- sible methods to endeavor to hinder all such Trade and Corpos. pondence with the French, whose strength in the West Indies gives very great apprehensions, of the mischiefs that may ensue, if the utmost care be not taken to prevent them.
60. Whereas, by the 5" and 6 Articles of the Treaty of Peace and Neutrality in America, concluded between England and France the A day of Nov. 1686, the Subjects. Treaty of Ne1- trality with France :0 Inhabitants, &" of each Kingdom are prohibited to America to he trade and fish in all places possessed, or which shall observ i. be possessed by the other in America ; and, that if any ship shall be found trading contrary to the said Treaty, upon due proof the said ships shall be confiscated. But, in case the subjects of either King shall be forced by stress of weather, Enemies or other necessity, into the Ports of the other it America, they shall be treated with humanity and kindness and may provide themselves with victuals and other things- necessary for their sustenance, and reparation of their Ships at reasonable rates ; Provided, they do not break bulk nor carry any goods out of their ships exposing them to sale ; Dor receive any merebandize on board, under penalty of confiscation of Ship and Goods. Notwithstands which Treaty, H. M. is given to understand that an illegal Trade has been carried on between the British Plantat and the French Settlements in America on pretence that there is no Law in force against the Trade, It is, therefore, H. M. Will and Pleasure, that your signify to all his Subjects under your Govern', the parport and intent of the abovesi two Articles, and that you take particular care that the same be punctually observed and put in exer :- tion. and that no Iilegal Trade be carried on between II. M. Subjects io Carolina and the French Settlements by any of H. M. Suip, of War attending that Province, or by any other
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