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 With an appendix containing many valuable records hitherto unpublished 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 12
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In endeavoring to " gain on both parties," the gov- ernor placed himself in a new dilemma. The style of the enacting clause had hitherto recognized the nobility as possessing the inherent legislative fune- tions ascribed to them in the constitutions. The commons requested Ludwell's advice on this point. Ile told them to strike out " the nobility," and men- tion in their acts only the proprietors and the Gene- ral Assembly, and forgetting the full title of the former, " true and absolute," which they insisted
* MS. Letter, 12 April, 1693.
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upon." He had also assented to several acts which the proprietors immediately annulled, as radical and dangerous to the colony; and thereupon repealed a part of their forty-three articles of instruction, forbid- ding the publication of a certain class of important laws until ratified by themselves in England.+ He had been empowered to grant lands, and furnished with a form of indenture for that purpose. The op- position of the people finally induced him to propose to the Assembly another form of deed for granting lands, on terms that affected the interests of their
lordships. [Nov. 1693.] In avoiding the whirlpool he was thrown against the rocks. Thomas Smith, one of the earliest settlers, had married the widow of John D'Arsens, who held a grant of 12,000 acres from the proprietors. Smith held also grants of his own, and was otherwise possessed of extensive property. He had been a deputy in council, and sheriff or chief- justice of Berkley county, and was chosen to succeed Colleton in 1690 ; but the arrival of Sothell caused his commission to be withheld. He was made landgrave in 1691, with 48,000 acres of land, and was now appointed governor and commander-in-chief in Caro- lina, with similar instructions to those given to Lud- well, including the obtaining of delegates from North Carolina, and the placing of a deputy-governor there.
Originally, all laws passed the council before they could be proposed in the Assembly ; provided no nega- tive was put on the council's decision by what was called the palatine's court. In the constitutions, as
* His reply to the House. MS. Journ., Sept. 1692.
t Appendix, Letter, Nov. 8, 1692.
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altered in 1682, the grand council were at liberty to propose what they pleased to the Commons House of Assembly; or if the proposal of a necessary law was delayed by them, and the majority of the grand juries of the counties presented the matter for legis- lation, it became "lawful for any of the chambers to take cognizance of it, and propose it to the house."* This alteration, we doubt not, was beyond the ap- preciation of those for whom it was meant as a con- cession. But it foreshadowed that reluctant untram- meling of the legislative power of the people, which it was the fortune of Gov. Smith to announce in these words : "The proprietors have consented that the proposing power for the making of laws, which was heretofore lodged in the governor and council only, is now given to you as well as the present council."; Henceforth the Assembly claimed the privileges and usages of the House of Commons in England, and the proprietors allowed the claim.
On the appointment of Smith, much was expected from his character, experience, and intimate know- ledge of colonial affairs. But he lost courage at the popular ferment about the tenure of lands, payment of quit-rents, the naturalization of the Huguenots, and the recent annulment by the proprietors of the laws of Ludwell's parliament relating to juries and the election of representatives .¿ Among his first in- structions, Smith had been enjoined to compel by law the collection of rents, and assume the responsi-
* See Fund. Consts. Letter from Proprs., Appendix.
t MS. Journal of the Commons, May 15, 1694.
# Report of Grievances. Appendix.
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bility of directing the receiver-general ; and there stood the violent James Moore and his coadjutors, determined not to pay. "We part with our lands only on our own terms," reiterated their lordships; "and we consider your deed invalid," rejoined the faction of the people, " because only some of you have set your hands and seals thereto." A number of the malecontents quitted the province ; and it was thought unless others went peace could not be restored. At length Gov. Smith, despairing of allaying the disturb- ances, wrote to the proprietors [Oct. 1694] that he and others intended to abandon Carolina and live in some other part of America; " that it was impossible to settle the country, except a proprietor himself was sent over with full power to heal their grievances."* Without waiting for their reply, he resigned, and Joseph Blake acted in his stead until a new governor should be commissioned .;
The Edict of Nantz, which conferred the blessings of religious toleration on Protestants in France, was revoked by Louis XIV. in 1685. Before its revoca-
* Archd. 101.
Hewit's and Ramsay's account (sec also Glen's " Description, &c.," 2 Carroll's Coll., p. 270,) of the introduction of rice by Gov. Smith in 1694, may be true, except the date. But I could not repeat it while unable to explain the act of Assembly, Sept. 26, 1691, conferring a re- . ward on Peter Jacob Guerard, inventor of a " Pendulum Engine" for " husking" rice, which was superior to any machine previously used in the colony. (See 2 Statutes at Large, 63.) In Appendix, in the bill of lading from London, 1671, one barrel of rice is mentioned, but it is not said that it was seed rice. It may be here noticed that cotton was cx- ported from Carolina to the northern colonies before 1693. It was, with indigo, one of the products to be tried on the Experimental Farm by Col. West, under instructions of July, 1669.
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tion the Calvinists, or Huguenots, had not been alto- gether free from abuses and restrictions ; but when the protection of the law, though imperfect, was with- drawn, all the rigors of a bigoted tyranny were exer- cised against those who would not turn to the Catho- lice faith. Soldiers were stationed in their houses, children torn from their parents, tortures inflicted, and thousands of Protestants brought to death by the most inhuman persecutions ; and yet, as if to pen up the victims, emigration was forbidden, and the sea- ports guarded to prevent their escape.
Nevertheless about half a million are said to have effected their escape through the inland borders of France, chiefly to Holland and thence to England. Of those who came from those countries to New York, a part preferred the warm climate of South Carolina, whither some of their countrymen had already emigrated.
The history of this first emigration is not with- out interest. In 1680, Charles had given a free pas- sage in the ship Richmond to some families, forty-five persons in all, being half of those who then designed to remove from England to Carolina. It was hoped that they would introduce the successful cultivation of vines, and the production of olive oil and silk .* The favor of the government was obtained for them through the petition of Rene Petit, granted in the king's council, in October, 1679; and land was be- stowed upon them by the proprietors .;- Unfortu- nately the eggs of the silkworm were hatched at
* A Complete Discovery of Carrol., 1682, Carr. Coll. 2, p. 65.
t MSS Appendix.
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sea, and for want of sustenance the worms died, and thus was frustrated the intention of erecting a "manu- factory of silk" in the colony. The transplantation of native grapevines had already been begun by the settlers, whose vineyards contained also, through the gift of some of the proprietors, "the noblest and ex- cellentest vines of Europe." Olive trees from the West Indies grew luxuriantly in the soil of the pro- vince. But the improved cultivation of those pro- ducts, expected from the experience of the French, was not realized. The good-will, however, of the king and lords proprietors toward the distressed and ex- iled Protestants is an instance of noble humanity, while their solicitude for the enrichment of Carolina in the best agricultural staples, presents a contrast to their want of wisdom in regard to her political welfare.
Private contributions and the munificence of par- liament gave aid and encouragement to the multi- tude that sought refuge in England after the revoca- tion. Liberal grants of land were made by the pro- prietors to many who desired to emigrate to South Carolina. Including a small portion to some Swiss settlers, these grants, within two years, amounted to more than fifty thousand acres .; Both what was given and sold were on equal terms of possession and descent with the lands given and sold to English set- tlers, notwithstanding the opinion of the latter that the new-comers were aliens in all respects in the colony, as they were in the mother country.
The nobility and wealthier portion of the refugees
* Sce " List," Appendix.
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remained nearer their old homes, in England and on the continent. Those who ventured to America were generally tradesmen, agriculturists, and me- chanics.# Merchants, goldsmiths, watchmakers, ship- wrights, block-makers and sail-makers, coopers, wea- vers, leather-dressers, gardeners, apothecaries, gun- smiths, wheelwrights, and other artisans, found a home and employment in Charles Town; while about seventy families settled in Craven county, on the Santee (and some on Copper River, and at Goose Creek), and industriously set to work in clearing and cultivating the ground. Their coming was a happy event. The colony needed such men. Sobriety and earnest labor brought to the destitute exile compe- tence and accumulating comforts. Such as had been able to fetch money with them, and had purchased lands and slaves, soon saw themselves surrounded by the teeming plenty of fertile plantations. The stran- ger who entered their hospitable dwellings could not fail to be impressed by the kindly feeling and mutual assistance that prevailed among those sufferers in a common cause, and now so far separated from their native land.+
Gov. Sothell had the wisdom to see the usefulness and noble character of these immigrants ; and as soon as he had power, all French and Swiss Protestants were by law constituted as free born in the colony, and of equal rights with the other settlers.i But the proprietors, as before mentioned, dissented to all " the pretended acts" of Sothell's parliament; and the
* 2 Stat. 132.
t Lawson, p. 12.
# 2 Stat. 58, 59, May, 1691.
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king himself rejected this innovation in naturalizing aliens within the limits of his dominion .**
It is surprising that, immediately after this, the lords proprietors issued orders to Gov. Ludwell to allow six members of parliament from Craven county, which was peopled almost exclusively by these Huguenots.+ Was it to lessen the power of the people's party in Berkley ? It only created a new ferment. "Shall the Frenchmen," said the English colonists, " who cannot speak our language, make our laws ?" And the flame of national animosity was re-enkindled against those whom they had lately welcomed with kindness, and whom the officers of the proprietors had been instructed to befriend.
Memorials were addressed the governor to dis- suade him from permitting the French to have a seat in the Assembly. The severities of the alien law of England were threatened against them and their chil- dren. Their marriages and their property were held equally unentitled to the respect and protection of the laws.
On these points, after consultation among them- selves, they addressed complaints and inquiries to the lords proprietors, who sent the following instruc- tions to the governor and deputies, April 10, 1693. " The French have complained to us that they are threatened to have their estates taken from their
* I take this to be the act "repealed by the king in council." See Note of Editor, 2 Statutes, 118.
t Hewit says they were not allowed a single representative. But the Journals of the Assembly show that the parliament, in September, 1692, contained the six members from Craven, who swore allegiance to Wil- liam and Mary. The preceding Journals are lost.
EARLY HISTORY OF SOUTH CAROLINA. 177
children after their death, because they are aliens. Now many of them may have bought the lands they enjoy of us, and if their estates are forfeited, they escheat to us, and God forbid that we should take the advantage of the forfeiture, nor de we so intend; and therefore have sent our declaration under our hands and seals to that purpose, which we will shall be registered in the secretary's and register's office, that it may remain upon record in Carolina, and be oblig- ing to our heirs, successors, and assigns. They also complain that they are required to begin their divine worship at the same time the English do, which is inconvenient to them 'in regard to several of their congregation living out of the town are forced to come and go by water, and for the conveniency of such, they begin their divine worship earlier or later, as the tide serves, in which we would not have them molested. They complain also that they are told the marriages made by their ministers are not lawful, because they are not ordained by some bishop; and that their children begotten in such marriages are bastards. We have power by our patent to grant liberty of conscience in Carolina; and it is granted by an act of parliament here; and persons are mar- ried here in the Dutch and French churches by minis- ters that were never ordained, and yet we have not heard that the children begotten in such marriages are reputed unlawful or bastards. And this seems to us opposite to that liberty of conscience their ma- jesties have consented to here ; and we, pursuant to the power granted to us, have granted in Carolina. We desire these things may be removed, and that
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their complaints of all kinds be heard with favor, and that they have equal justice with Englishmen, and enjoy the same privileges ; it being for their ma- jesties' service to have as many of them as we can in Carolina. We would have them receive all manner of just encouragement whatsoever. And we would have you send for the chief of them, and give them assurance of it."*
In a letter to Mr. Trouillard, (their minister), and six others, they said : " Perhaps you too opposed the fourth set of the Fundamental Constitutions, the last we sent to the colony ; these would have been your protection. But in future look to us as your protectors, and do not be led by those men who oppose our plans."+
But the naturalization of aliens in America was a matter about which the proprietors hesitated to express an opinion. Could they then expect them, under such circumstances, to " have equal justice with Englishmen and enjoy the same privileges ?" If the fears of the Huguenots on the one hand were quieted, on the other they could not have complained of the popular efforts to exclude them from a participation in the political powers of the government.]
The letters received from Gov. Smith and Sir Nathaniel Johnson in 1694, induced the proprietors to call a full meeting to consider the state of the
* See Appendix. + 12 April, 1693, MSS.
# I have seen (in the possession of Ogden Hammond, Esq.,) a list of the French Protestants who at different times arrived at New York, and many of whom came on to Carolina. The list contained 372 names. The original is in the handwriting of Guillme. Le Conte.
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colony, and to elect one of their number to go to Carolina with extraordinary powers to appease the discontent of the people. The young Lord Ashley, grandson of the Earl of Shaftesbury, was unani- mously chosen for this important duty ; but declining it because the affairs of his father required his atten- tion in England, the proprietors elected John Arch- dale, [July 18, 1694], a pious and intelligent Quaker, who had obtained a proprietorship through Thomas Archdale, the purchaser of Lady Berkley's share. [May, 1681.]
A year elapsed before he reached Virginia; from which place, although clothed with discretionary authority, he scrupulously requested specific power to appoint new deputies, to abate the quit-rents in arrear and to sell land. His request was granted, and where he needed guidance, he was referred to the instructions sent to Ludwell. At length on 17th August, 1695, he entered upon his government at Charles Town, with conciliatory expressions to all parties, and a patient inactivity in public affairs. He came with authority to settle all disputes concerning lands ; to sell, at &20 per thousand acres, the land near the settlement, and £10 for the same quantity in the interior; to take care of the Indians as he
Ramsay (So. Ca. 1, p. 5,) gives only 63 family names. On the Hugue- nots, see also Weiss, and the interesting papers of Daniel Rav- enel, Esq., in the Southern Intelligencer, Charleston, June, 1822. or City Gazette, May, 1826, containing a list of 117 French and Swiss refugees who wished to be naturalized, probably about 1696, with their place of birth and family relationship. The list begins with Rev. Elias Prioleau and Rev. L. P. Tronillart. See MSS. Appendix ; in 1699, the number in the four different churches amounted to 438.
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thought best ; to build new towns ; to fortify Charles Town, and grant it a particular charter; and to permanently settle the government by examining the Fundamental Constitutions, finding what would be acceptable to the people, and proposing a new set to the proprietors for their confirmation .*
Archdale spent several months in privately " allay- ing the heats" of the people, and when he judged them fit for "a solid settlement of this hopeful colo- ny," his first parliament was convened.+ They ex- pressed their thanks for his "good favor and great kindness" to the people, and their readiness to unite their efforts for the "perfect settlement" of the province.
Then business ensued. He told them the proprie- tors required the jury act to be changed so that the names of jurymen should each be on single pieces of parchment and not by twelves. He next informed them that the price of selling land was altered to only half the former price, and bade them remember the proprietors had borne the expense "of several thou- sand pounds" out of their own pockets in settling the province. As he had spoken to them of his " many dangers and hardships" by land and by water incurred only for their benefit, the Assembly immediately gave him the opportunity he seemed to desire, to benefit them, and earnestly solicited him to remit the arrears of rent, which were now a grievous burden upon all the people. To their surprise he
* Articles of Instruction for Archdale, MS. Journals of Assembly.
t His address to the Commons. Nov. 1695.
EARLY HISTORY OF SOUTH CAROLINA. 1$1
refused to do so except on hard conditions .* They had no doubt looked for his arrival as for the coming of a bright messenger from afar with healing in his wings.
Archdale himself says, " But, courteous readers, after this fair blossoming season to produce peace and tranquillity to the country, some endeavored to sow seed of contention, thereby to nip the same ; insomuch that they sat six weeks under civil broils and heats; but at length recollecting their minds into a cooler frame of spirit, my patience was a great means to overcome them."+ These remarks are applicable to both his parliaments ; but he did not expend much of his patience upon the first, which was dissolved after a session of a few weeks. [Nov. 29.] Thereupon the speaker, Jonathan Amory, presented the governor a petition in behalf of him. self and the people at large for thirty representatives. Archdale immediately issued a proclamation for the freemen of the colony to meet on 19th December, at Charles Town, " then and there by a majority of their voices to agree to and ascertain the number of their representatives." He professed to do this in com- pliance with the request of the "modest and reasona- ble members of the House of Commons and other well- meaning inhabitants," and not at all to please "the obstinate majority," who had just defeated his designs for the peace of the province.t
Of the thirty representatives on which the people decided, the twenty for both Berkley and Craven
* MS. Journals of the House.
# See Appendix.
t Descript. of Carolina, p. 103.
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were elected at Charles Town, and the ten for Colle- ton at Capt. Bristow's plantation in that county. The Huguenots were not among the " liege subjects" who assembled in parliament, January 1696: An humble petition was again made for an abatement of the debts due to the proprietors." Archdale and his council proposed to remit all arrears to Michaelmas, 1695, provided the remaining debts were secured, the town fortified by means of taxes, and measures taken for the ready payment of quit-rents for the future. The Assembly first demanded an accurate statement of accounts between the people and proprietors. Whilst the governor thus bargained where he ought generously to have given, he requested on his part a clause to be inserted in the militia act in behalf of "tender consciences," which was negatived, nemine contradicente.+
At length business proceeded more in the spirit of compromise, and some important laws were passed. The Assembly agreed to the stipulations of Archdale, and on the other hand, quit-rents were remitted for three years to all who held by grant, and four years to all who held otherwise, except for baronies or cre- ditors to the proprietors.į
The repeal of laws not infringing on the rights of the crown, or of the proprietors, or relating to lands, could not be made without the consent of the General Assembly.§ This restricted the veto power of the proprietors, and was doubtless more than the Assem- bly had hoped to gain.
* See Appendix.
t Journals, Feb. 19, 1696.
2 Statutes, 102.
¿ 2 Statutes, 101, 2 16.
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Lands rented were to be held at a penny an acre, or the value thereof in indigo, cotton, silk, rice, beef or pork (barreled), or peas; to be appraised by an equal number of men appointed by the governor and the commons in Assembly. In case of non-payment of the quit-rent, the receiver of the lords proprietors could distrain, or bring an action in court for recovery. The land should not revert to the proprietors unless payment were delayed for seven years. All former grants or purchases, from authorized agents, notwith- standing any legal deficiencies in the conveyance, were confirmed to their possessors.
Delays in obtaining lands were obviated. New settlers were exempt from rent for five years. To all who wished to purchase, the price of land was fixed at £20 per 1000 acres, with a rent of 12d. per 100 acres, and not revertible till non-payment for 21 years. These reversions of land were intended to prevent unoccupied tracts hindering the contiguity of settlements.
These measures removed the "doubts, jealousies, and discouragements" of the people. The judicial and military officers were retained in their positions ; but the deputies of the grand council were made "two moderate churchmen to one high churchman, whereby the balance of the government was preserved peaceably in my time," he writes in 1707, "and so left and continued whilst Blake, whom I left governor, lived."" By these party names, -subsequently used, it is meant that he appointed two of the party (who
* Archdale, 113.
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were generally dissenters or moderate men of the Episcopal church) who, formed under West, favored the progress of the people, and had recently suc- ceeded in counteracting those who espoused the con- stitutions and the illiberal powers of the lords pro- prietors.
Archdale's humanity led him to take a lively interest in the welfare of the Indians. But his laws affecting them were not so wise as his interference in settling their disputes when he had an opportunity. He released from captivity four Indians and sent them back to their tribe near St. Augustine, with a friendly letter to the Spanish governor ; who was in- duced thereby to act kindly in return to some English- men shipwrecked on the Florida coast. His benevolent advice to the Indians near Cape Fear caused them to befriend a number of passengers soon afterward cast away at that spot. But his views for maintaining peaceable relations between the colonists and savages were inconsistent with the nature of the latter and the advancement of the former." His plan to secure justice by making the white man judge in all cases, as well between Indian and Indian as between white men and Indians, had already failed under previous governors. Sothell had forbidden, under severe pen-
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