USA > South Carolina > A sketch of the history of South Carolina to the close of the proprietary government by the revolution of 1719. With an appendix containing many valuable records hitherto unpublished > Part 11
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It has been asserted, with somewhat of reproach, that the unruly representatives of the people had been purposely chosen to oppose the plans of the proprietors on account of the ejection from parliament of those who refused to sign the third set of the con- stitutions in December, 1685.+ The people had surely a right so to do; nor could they, on the other hand, justly blame the governor for his stanch ad- herence to duty in obeying his instructions. But he requested from the proprietors as colleagues deputies who would faithfully aid him in carrying out their plans; and at the same time excluded from the grand council, on frivolous charges, some of the commoners,
* Proprietors to Sothell, May 12, 1691
f Oldmixon ; Pol. Ann .; Archdale.
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which threw all the powers of this important branch of the government into the hands of the proprietary party. While he forbade all inland trade with the Indians, he endeavored in his avarice to monopolize its profits for himself. He imprisoned a clergyman and fined him £100 for preaching what he considered a seditious sermon. He attempted, moreover, rigor- ously to exact payment of quit-rents in money, which the people felt it oppressive to pay even in produce, since they paid for every acre of their lands, while but a small portion was under cultivation. The penalty of re-entry to those who held lands by in- denture added to their dissatisfaction the fear of losing their grants.
The governor perplexed by the difficulties surround- ing him, and left, in a measure, alone by the proprie- tors, was willing to adopt any means to preserve his power in the colony. A number of persons under various pretenses were induced to sign a petition for the establishment of martial law, although no enemy from any quarter threatened an attack, nor were the colonists in any degree rebellious or tumultuous. Accordingly, without consulting the commoners of the grand council, by authority of the palatine's court, in other words by the will of the governor and deputies, a proclamation of martial law was made by Colleton (18th March, 1690) at the head of the militia com- panies, who were not aware of his designs. The commoners immediately prepared a protest against this unnecessary usurpation of dictatorial power; but their protest was not permitted to be received either by the deputies in council or by the secretary of the
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province. Even signers of the petition, declaring that they had been deceived, now joined in the general outcry against such an "illegal, tyrannical, and op- pressive way of government." Colleton evidently shrank from the full exercise of the power he had assumed ; the court of common law was allowed to hold its sessions, and martial discipline was not rigor- ously enforced. He exonerated himself on the ground that the delegates had refused to pass the militia act- that he feared an invasion of the Spaniards. The latter excuse was known to be unfounded; to the former, thirteen of the delegates replied under oath that they had proposed to pass such an act. Indeed, as the people themselves constituted the only military force in the colony, the governor discovered that in proclaiming martial law he had "reckoned without his host," whose discontent and desperation were verging upon tumult and violence, when fortunately Seth Sothell arrived in Charles Town; who being a proprietor by the purchase of Clarendon's share, had the right to supersede Colleton, according to the Fun- damental Constitutions. He was received with marked insult by the governor's party, but welcomed by the people as the advocate and protector of their interests. Berrisford, Harris, Muschamp, Percival, and Izard addressed him in their behalf; and about five hun- dred " of the best people" petitioned him to issue writs for a parliament. He appointed deputies to suit himself in violation of the commissions of the other proprietors, and apparently yielding to the popular impulse (which he had himself encouraged), he summoned a new parliament, who banished Colle-
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ton from the province, and disqualified Lieut .- col. Bull, Major Colleton, and Paul Grimball for holding any civil or military office, because they had acted with the governor; and Thomas Smith, because he had written the petition for the establishment of martial law .* Although the proprietors had re- cently been busy in excluding James II. from the throne, they could not brook the imitation of their example, and annulled all the proceedings of Sothell's parliament, which they considered to have been illegally convened. They, however, ordered inquiries to be made concerning their late governor's imprudent conduct. They had reason indeed to apply them- selves now more attentively to the affairs of their province-for the opposition party liad already taken another step forward, declaring : " As to instructions, we own the lords proprietors have the power of send- ing such as they please; but cannot believe that their lordships did ever intend, prima facie, and with- out the assent and approbation of the people, they are to be received and put in practice as statute laws, except in such matters as wholly belong to their lordships' order and direction according to the royal charter."
Sothell had been sent in 1680 to regulate the dis- tracted affairs of North Carolina. He was captured on the voyage by Algerine pirates, and three years elapsed before he reached America. Ilis principal aim being to enrich himself, his administration at Albemarle was so marked by selfishness and rapacity
* 2 Stat. 44 and 49.
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that he was finally deposed and banished for twelve months. He sought refuge in South Carolina, where his actions seemed to the proprietors but an aggrava- tion of the numerous charges made against him by those he formerly governed.# Yet the wisdom and liberality of the laws he enacted, the legislative activity displayed in restoring stability to the colony, and his judicious accordance in promoting the just wishes of the people, throw a shadow of doubt on the malignant character that has been ascribed to him as a public officer.
The adherents of Colleton had demanded that Sothell should sign the Fundamental Constitutions as a newcomer, notwithstanding that as a proprietor he was already bound by them. They demanded also that he should, before assuming office, declare his approval of the instructions as a rule of govern- ment. Placards were posted in public places, charg- ing him with treason, and calling upon the people to withhold their obedience to his authority. The pro- prietors lent a ready ear to the leaders of their party, and recalled him under threat of an order from the king, to answer to the accusations against him. They repudiated his parliament, removed his officers, re- instated those whom he had displaced, and appointed some of his most active enemies, James Colleton, Thomas Smith, and Stephen Ball, with Ralph Izard and John Farr, on a committee to report the facts con- nected with his imprisonment of Mr. Grimball, the secretary, for refusing to deliver up the seals used in
* See Appendix.
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granting lands and records of his office. It was of little avail that Sothell wrote that he was willing to submit to their instructions, because this statement contradicted the representations of the deputies. But as it was designed to send two commissioners from the province to treat with the proprietors on all mat- ters of difference, they instructed their deputies to agree, for this purpose, to what they considered a legal summoning of a parliament. "No proprietor single," they wrote to Sothell, " by virtue of our patents, hath any right to the government or to exercising any jurisdiction there, unless empowered by the rest ; nor hath any seven of the proprietors power to bind any one in his privilege or property unless by agree- ment among ourselves, which agreement is contained in our Fundamental Constitutions." If any proprie- tor takes upon himself the government irrespective of the rest, "it is by the laws of England high treason," and to appoint judges and other magistrates is a " very high misdemeanor," as it is also in the person who accepts and executes an office so con- ferred. To remove and substitute deputies " tends · toward a rebellion to the crown, arbitrary power in himself, and the outing of the rest of the proprietors of their rights."
Yet, should they proceed to extremities against him for his conduct at Albemarle, would it not sanction the insurrection of the people, those who had deposed and banished him-a proprietor ? Should they annul all that he had done in South Carolina, would it not justify an insurrection there ? for a majority of the people supported his policy, and it
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was evident that his administration was better than Colleton's had been. The unworthy means he had taken to enrich himself were not much worse than some which had been practiced with impunity by other governors.
Finally in November the proprietors wrote to Sothell that he should cease to rule, and commanded him to yield obedience to Col. Philip Ludwell, whom they had commissioned to succeed him. It might well be asked, if this was not as contrary to the Fundamental Constitutions as any thing Sothell had done ? But to render their measures effectual, a proclamation of his suspension was sent to the people, and obedience to Ludwell required of them " at their peril." Sothell being stripped of power retired to his estates in North Carolina, where he died in 1694; and it is said that much of the wealth he had accumulated there, was regained by those from whom he had unjustly taken it.
Col. Philip Ludwell, of Virginia, had married the widow of Sir William Berkley, and had been ap- pointed in 1689 to succeed Sothell at Albemarle. His jurisdiction was now transferred to the colony at Ashley River. Although the titles of North and South Carolina now began to be used, no such di- visions of the province were made; on the con- trary, it was the design of the proprietors at this time to unite, if practicable, the two governments ; and with this object Ludwell was instructed to induce the colonists at Albemarle to send delegates to Charles Town, and only in case of failing in this attempt to appoint a deputy there.
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The removal of Sothell may have healed the afflicted honor of the proprietors, but it left unre- dressed the grievances of the people. Notwithstand- ing the friendship of Ludwell for the proprietors, and his desire to harmonize the distracted state of the colony, he entered upon his administration with no increase of power or promises of reform, but with minute directions merely to inquire into the mis- management of former governors and the grounds of popular complaint. Employ no Jacobites (he was told) -- beware of the Goose-creek men-reconcile yourself to our deputies-don't expect to carry on the government with all parties-convince the people that the grand council has power by the constitutions to pass all bills before they can be submitted to par- liament ; if you find the political offenders of past years so numerous that it will be " dangerous to punish them, grant a general pardon, with a few ex- ceptions of the most notorious, against whom pro- ceed by way of example"-issue writs for a new par- liament, giving seven members to Berkley county, seven to Colleton, and six to Craven .*
The inhabitants of Berkley were of course irri- tated at the lessening of their number of representa- tives, and particularly at allowing the French settlers in Craven a seat in parliament; but the proprietors refused to alter the proportion, asserting that Colle- ton and Craven contained three fourths of the popula- tion. The new parliament, however, although elected in accordance with the writs, were no more subserv- 'ient to the views of the proprietors than the former * Private Instructions, November 8, 1691.
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had been. In their first act [October, 1692] they dis- regarded an essential part of the Fundamental Consti- tutions, by giving the privilege of voting for mem- bers of the Assembly to every man worth ten pounds, without reference to time of residence in the colony ; which act, with another to provide jurymen" by draw- ing twelve at a time as prepared by the sheriff, the proprietors wisely rejected as "dangerous to the country." This parliament also re-enacted the Ha- beas Corpus Act, giving the power of executing it to colonial magistrates. The erroneous doctrine had been advanced, that the laws of England were not of force in the colony. "By those gentlemen's permission," that so say," replied the proprietors, "it is expressed in our grant from the crown, that the inhabitants of Carolina shall be of the king's allegiance, which makes them subject to the laws of England."+
On account of the irregularities of Sothell's admi- nistration, or in the language of the Assembly, the " defect of the said government," as soon as the new Assembly met [September, 1692], an address was sent to Ludwell and the deputies, requesting an " act of free and general indemnity and oblivion, and a confirmation of all judicial proceedings in the late government," as essential for the prosperity of the colony, and the efficiency of any laws that might be made for the good of the people.
* MSS. Appendix. This act (which is lost) is supposed to have originated our method of drawing jurymen ; and the plan has been as- cribed to Thomas Smith. According to the Journal of the Commons, the bill was committed for preparation to James Gilbertson, Joseph Pendarvis, Daniel Courtiss, James Stanyarne, and Joseph Ellicott. t Letter to Ludwell, April, 1693.
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A necessity for some measure of this kind had already occurred to the proprietors ; but their private instructions prevented Ludwell from fully acquies- cing in the wishes of the people. His reply does not indicate the great mildness of disposition gene- rally attributed to him. "The last assembly was factious," said he. " Look to your Journals, and judge what clemency can be demanded. We are unwilling, Mr. Speaker, to believe that address had a due and mature consideration in the house, being unable to comprehend those double locks and bars, viz .: in- demnity from and confirmation of all the judicial pro- ceedings that past in the last government. What the meaning of these two fortifications heaped on each other is, we cannot imagine ; for the latter only being granted, whom you design the other for we can only guess. For, certainly, on the part of any the activest or cruelest persons in the last government, neither lock nor bar will be needful ; they need do no more than stand in the open street with the gracious concession in their hands, which being shown, must, like Medusa's head, kill all the opponents that behold it. And how far then an act of indemnity will shroud those whose properest interest it will be to seek it by this fatal turn of the tables, or how or when they will obtain it, we know not; but do guess you well know (your last demand being granted) it must lie on the part of those who were the eminentest suf- ferers in the last government, to beg it to secure their already half-cut throats from the other slash ; for our part, we cannot possibly see what can be ascribed to us (whose own throats, by the way, must be exposed
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among the rest) but by a mistaken act of mercy, to confirm, nay heighten, all the cruelties of the last government. Is this to be the way to establish peace and safety on either part ? Mr. Speaker, we must own we understand it not."
The Assembly replied, explaining their address, a misunderstanding of which (they thought) had caused his honor's "strange style." They repeated their request. Ludwell prepared an act in accordance with his instructions. The Assembly would receive it only with alterations. He could not alter it; but to extricate himself from his dilemma, proposed that they should accept the indemnity as from him and the deputies for what it was worth, and prepare, on their part, a representation of grievances to the pro- prietors. His indemnity was unanimously declined.
The proprietors, however, unwilling to be balked in their conciliatory humor, while they now dis- allowed such an act except from themselves, sent out, under their "great seal," a general pardon to the people of Carolina (James Moore and Robert Daniel being excepted) for all crimes and offenses " com- mitted prior to the publication of Ludwell's com- mission, in hopes that in time to come it may beget a firm resolution to become strict observers of the laws." Unhappily there was an unaccountable de- lay in announcing this pardon to the people .*
It was a slight concession to the demands of the colonists that the quit-rents might be paid to the receiver-general in indigo as well as money, because they "would not put hardships on the people." [Octo-
* MSS. Appendix.
6
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ber, 1690.] Although when payment was still with- held they thought it no hardship to apply the force of English law, ordering Mr. Grimball to " distrain for quit-rents under act of parliament which is in force." [April, 1693]. It was a greater concession, though secretly admitted, that since Sothell and the Caro- linians had acted contrary to all the Fundamental . Constitutions ; and " Matthews, who pretends to be empowered by the people, assuring us that the people own none, we have made your instructions," the pro. prietors wrote to Ludwell, " suitable to our charter."* [November, 1691.] Yet a still greater concession was rendered necessary by the action of Ludwell's parliament, in which a committee was appointed to frame a " system of government, which shows their weakness," said their lordships, "since they have re- jected the excellent system of Locke. We therefore have thought it best both for them and us to govern by all the powers of the charter, and shall part with no power till the people are disposed to be more orderly." This reluctance and reservation, however, were expressed to Ludwell alone, while publicly it was announced, " That as the people have declared they would rather be governed by the powers granted by the charter without regard to the Fundamental Con- stitutions, it will be for their quiet, and the protec- tion of the well-disposed, to grant their request."
But the end was not yet. The constitutions con- tinued as the contract or agreement between the proprietors ; and frequently during the next thirteen years, we shall find their adoption pressed upon the * Private Instructions.
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people of Carolina. The garment that did not fit the infant was still so beautiful to the parent's eye, that it was altered, and pieced, and patched, and again and again lovingly tried upon his limbs; even in the years of his robust manhood.
In the mean time, before this decision of the pro- prietors was known, the Assembly had prepared their representation of grievances on the conveyancing of lands, the mal-administration of justice, the construc- tion of the charter, the deficient number of delegates in the council and Assembly, and the obstacles to prompt legislative action in the ratification of laws ;* and the committee, from the Assembly, " to consider of the method and drawing up of the system of gov- ernment and form of granting of land," had been appointed to meet a similar committee from the upper house ; and in the interval, all persons were invited to send to them " their views and suggestions about the government." The latter committee failed to meet at the appointed conference, and the Assem- bly imputed to Ludwell and the upper house, a desire to defeat their proceedings. [January 1693.] While denying such motives, they were yet anxious not to compromit themselves, and finally left the whole matter with the Assembly. No Solon or Ly- curgus arose, nor were tables of stone or brass set up among the people. When the decision of the pro-
* See Appendix.
t House of Commons committee at this time were Col. Robt. Gibbes, Capt. Jas. Moore, Ralph Izard, Jos. Pendarvis, and Daniel Courtiss. The committee of upper house-Thos. Smith, Paul Grimball, and Jos. Blake.
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prictors was promulgated, the same laws existed as before ; the powers under the charter were the same that had always been in action; the instructions to Ludwell of November S, 1691, already in application, were of themselves considered a sufficient basis of government.
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CHAPTER VII.
The Rules of Government according to the Charter-Ludwell courts popularity-Landgrave Smith appointed in his place-Power of originating laws yielded to the Commons House of Assembly-Dif- ficulties which discouraged the new Governor-He resigns, and proposes that a Proprietor should be sent over-Introduction of Rice-The Huguenots of Carolina-John Archdale arrives-His Instructions and Administration-Settlement of Popular Grievances -His Indian policy-Leaves Joseph Blake governor-The last Fundamental Constitutions-The Assembly desire greater Privileges -The Proprietors and People at the close of the Century.
THE condition of the province on the recall of Sothell had roused the proprietors to unusual activity. Yet the papers issued by them on that occasion were not calculated to produce a reorganization in the management of the government. In some particu- lars a new order of things was engrafted upon the old; but bitter and sweet fruit grew upon the same branches, and the dissatisfaction of the people was only momentarily allayed.
The forty-three articles of instructions,* directed to Ludwell, were repeated on the appointment of his successor in 1693. In 1707, the Assembly, in a dis- pute with the proprietary governor, referred to these instructions, " which we take," said they, "to be the present standing rules of government ;" and the gov- ernor replied, "we also take them to be the present rule of government."}
In this revision and embodiment of their former
* Appendix.
1 MS. Journals of the Commons.
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instructions the proprietors strictly retained their agrarian regulations, and surrendered no power claimed for themselves directly or by implication from the charter. The name and some peculiarities of the Fundamental Constitutions were withdrawn, that the colonists perhaps might perceive how little difference such a change would effect in their behalf. They were charged to be submissive to a system that
To was not beyond or contrary to the charter. gratify the leaders of the people, ampler provisions were made for granting them lands by the governor, and the legislative privileges of the Assembly were defined and extended in cases in which the public peace and welfare required enactments, provided they did not " diminish or alter any powers granted to the proprietors."
But these powers were general. They admitted other forms of application besides those so pertina- ciously adopted. Instead of authorizing a convention of the people at this crisis to frame a constitution or rules of government under the charter, their lord- ships insisted upon their own interpretation of their powers, and kept the tenure and acquisition of land alterable at their pleasure. To revolt would have been an act of extreme temerity under the existing circumstances of the colony and the mother country ; and the history of events consequently continues one of impotency and misrule, and of disaffection and opposition.
We have noticed the dilemma into which Ludwell was led by the proprietors with respect to the act of indemnity. They subsequently wrote to him, " We
EARLY HISTORY OF SOUTH CAROLINA. 169
are glad to hear that you gain on both parties, and approve of your design to open their eyes. Avoid the snare Colleton fell into, who was popular at first; but the Goose-creek men, fearing .the loss of their power, offered him an excise for his support, and in return made him turn out seal deputies, and disoblige others to please them; yet afterward called out against his avarice, whereby he lost the opinion of the people. We hear they are playing the same game with you, by offering a gift of a thousand pounds. James Moore is at the head of this faction. And in return you had an act of indemnity which you had not the power to grant."-" We observe you say the Goose-creek men are resolved to oppose all we shall offer; therefore they ought not to be em- ployed. You say Sir Nathaniel .- - has hopes for himself, were the government changed to the king. This cannot be from William, because he quitted the Leeward Islands on account of refusing to take the new oaths. Watch his actions."*
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