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 With an appendix containing many valuable records hitherto unpublished 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 13
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+ Archdale's plan for converting the Indians to Christianity, was to send among them missionaries skilled in chemistry and mineralogy "to introduce them into a good opinion with the Indians." " Let them have sent with them (if not far from the English) some English children to introduce familiarity with the Indian children, so that they may be brought to learn letters, &c." (Description, &c., p. 99.) Lawson im- proved this plan by advising amalgamation as the surest means of con- version.
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alties, fire-arms and rum to be given them. Arch- dale's law was more lenient, and entitled all Indians, near the settlement, to a pound of powder and thirty bullets for each destructive beast they killed, beyond the yearly tax of "one woolfe's skinn, or one tiger's skinn, or one beare's skinn, or two catt skinns." A similar tax had been unsuccessfully recommended by Governor Smith. Previously the aborigines were regarded as a distinct people, irreconcilably averse to mingling with the whites, and incapable of the re- straints of their laws and customs. But Archdale undertook to be their friend, and including them under the protection of his government, imposed upon them in return the tax above mentioned. And as the enforcement of a law requires a penalty, all who failed to produce the " skinn" were publicly to receive a severe whipping "on the bare back."* It is not likely that the colonists carried this law fully into effect ; nor perhaps another of his laws against steal- ing boats and canoes, by which a white freeman or servant was punished by a fine, whilst the Indian for the same offense was included with the slave and received thirty-nine lashes, and for a second offense had his car cut off.+
Archdale, yielding to the opinions of the people, left the Indian trade, and the condition of the Hu- guenots as he found them, but advised, with regard to the latter, the plan which was afterward adopted. Ile seemed afraid lest he should do too much ; and leaving many things undone which required atten-
·
* 2 Statutes, 109.
t 2 Statutes, 105.
16:
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tion, he hastened from the colony [1696], after ap- pointing his friend, Joseph Blake, governor. He had been mild and just, and the people respected him; he had conceded a few privileges, and they eulogized him ; he had remitted their debts, and they heaped upon him their heartfelt thanks. In the gentleness of his nature he considered that he understood all . their wants and wishes, and could suggest an accept- able remodeling of the fundamental form of govern- ment. He lived to see that his permanent establish- ment of tranquillity did not last longer than a few years.
The administration of Blake* was peaceful. His most important measure was the enfranchisement of the Huguenots and all other aliens, which met the hearty approval of the proprietors. Whoever applied for citizenship obtained it on swearing allegiance to the crown of England. All Christians, "Papists only excepted," were confirmed in privileges of religious liberty and worship .; [March 10, 1697.]
When the last revised set of the unalterable con- stitutions was submitted to the commons in Assembly [Sept. 1698], they quietly postponed the considera- tion thereof " till another time."_ Reduced to forty- one articles§ by the omission of manors and leetmen, the cumbrous system of courts and their dignataries,
* Son of the first mentioned Jos. Blake ; he became landgrave and proprietor. See Oldmixon, who had lived with the family in England. + 2 Statutes, 133. # MS. Journals.
¿ These constitutions were signed April 11th, 1698, by Bath, palatine ; A. Ashley ; Craven; Bath, for the Lord Carteret; Wm. Thornburgh, for Sir John Colleton; Thos. Amy, and William Thornburgh. A printed copy is in Charleston Library.
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&c., the new constitutions remained the same in matters of religion ; still created landgraves and ca- ciques to form the upper house of parliament, limit- ing them however to half the number of the commons; made the governor and council the palatine's court, and continued to proclaim that property was the foundation of "all power and dominion" in Carolina. With these constitutions six engrossed (blank) pa- tents for landgraves and eight for caciques, were sent as an inducement for their favorable reception.
After several weeks had passed, the Assembly re- quested the governor and council to inform them if they had power to alter and amend the proposed form of government, and were told they had not. But they appointed a committee* who denied to landgraves and caciques, as an order, all legislative power ; re- quired baronies to be reduced to a smaller extent of land; that throughout the colony lands should be secured to the people at the present rate of rent and purchase, and that no freeholder of a certain quantity of land should have his body attached in civil causes. The constitutions consequently were again laid aside by the proprietors.
But the people found new grievances to keep awake their spirit for political improvement; and the assembly prepared an "humble address" to their lord- ships, setting forth their gratitude, and requesting compliance with certain " little things, compared with those many and grand favors" of Archdale's time.t
* The committee of the Assembly were Captain Job Howes, Ralph Izard, and Dr. Charles Burnham.
t See Appendix.
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Some of these "little things" were, that the governor and council, with consent of the Assembly, might have power to repeal any law confirmed by their lordships, and that the former might be less restricted by instructions; that no law, from any source, should be of force in the colony, if not passed by the colonial legislature; that not more than 1000 acres of land should be granted in one piece; that they might have the right of coining money, &c. The proprietors merely replied to Gov. Blake, that they were aston- ished that he, being a proprietor, had permitted such an address to be issued-a precedent for so much future evil.
The Assembly meant, in a part of this presenta- tion of requests and grievances, to assert that the king had no right by orders of his council to enjoin upon the proprietors (as several times he had done), to publish and enforce acts of the British parliament in Carolina; or if the proprietors thought themselves bound to obey the king, such acts, to be binding upon the colonists, must first be re-enacted by their own parliament. The acts at this time complained of, related to trade and navigation, privateering and pirates. The impunity occasionally extended to pirates, who aimed their blows against the enemies of the colonists, was not confined to Carolina. They met with greater indulgence in Philadelphia, and along the coast of Pennsylvania and Delaware, where roamed the fleet of Capt. Kid." The king's council reiterated complaints to the proprietors, who
* See Mem., Hist. Soc. of Penns., vol. 4, pt. 2d.
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in turn complained to their governors and deputies." [169S.] But if a pirate's ship were captured, to whose use, in the absence of provincial laws, should its valuable cargo-Spanish ingots, and perhaps the jewels of the Great Mogul-be confiscated ? If a trading vessel were seized for violating the British navigation acts, or that "for preventing frauds and regulating abuses in the plantation trade," who should protect the king's interests, and receive his "thirds ?" Before what court should the case be tried ? More- over, in appointing governors, would it violate the privileges of the proprietary charters to require first the approbation and sanction of the king ? Had not the king in council the power of annulling any ob- noxious provincial law, even after it received the ratification of the proprietors ? Hence arose propo- sals in England for sending out attorneys-general to the provinces, for erecting courts of admiralty, and again, for bringing all proprietary governments under a nearer dependence on the crown.
But again the lords proprietors bent before the blast, and by a prudent submission to all the wishes of the higher power, still avoided a surrender of their charter. Some of them had purchased for £300 their eighth of these vast domains, now rapidly in- creasing in value. It had been a joint-stock business from the beginning. It was not the fault of king Charles that his friends had not sooner realized their fortunes from his lavish gift. The fault had been in themselves, in their stubborn system of government,
* " List," Appendix.
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which was framed without regard to circumstances or consequences, and they were now ungraciously yielding both to their king and to their colonists.
The colonists, on the other hand, were growing in numbers and riches." Rice and indigo, furs and skins, turpentine, lumber, salted provisions, and many other articles were exported; while at little trouble or expense, abundant supplies of food were obtained from the water, from the forests and cultivated fields. The fame of their success had reached distant lands. What if the century closed upon them under an anomalous political system ? The changes already wrought only indicated good. In proportion to their increase of strength, they felt the loosening of the bonds which suppressed their growth and impeded their progress.
* But they were not exempt from many calamities .- On March 12, 1697-8, the governor and council wrote to the proprietors, " We have had the small-pox amongst us nine or ten months, which hath been very infectious and mortal ; we have lost by the distemper 200 or 300 persons. And on 24 Feb. last, a fire broke out in the night in Charles Town, which hath burnt the dwellings, stores, and out-houses of at least 50 families, and hath consumed, (it is generally believed,) in houses and goods, the value of £30,000 sterling."
April, 1698 .- The small-pox still continued, and many Indians died from it. (See Dalcho, 32, note.) In the year following, an afflicting disease broke out, which is supposed to have been the first appearance of yellow fever.
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CHAPTER VIII.
Nicholas Trott-His Influence in the Colony-Death of Blake-A Faction places Moore in his place-Abuses at Election-Secret Ex- pedition against St. Augustine-Queen Anne's War-Failure of the Expedition-Its Results-Defection of the Assembly-Riot in Charles Town-Sir Nathaniel Johnson, Governor-Granville, Palatine-The Faction predominate-The Establishment of the Church of England becomes their chief object-Increased Abuses at Election-Com- plaints of the People-Military Condition of the Province-Moore's Expedition against the Apalatchee Indians-French and Spanish In- vasion of Carolina-Repulsed-Designs of the New Party-Dis- senters and Episcopalians-Trickery in summoning the Assembly- Act passed excluding Dissenters-Protests of the Minority-Estab- lishment of Church of England-Boon sent to England by the Peo- ple-Rejected by the Proprietors-Petitions the House of Lords- Their Address to the Queen-Proceedings against the Charter-Colo- nial Acts declared null and void-Events in the Colony under the Disqualifying Act-A New Assembly in favor of the Dominant Party-The Governor's Violence.
IN 1698, Nicholas Trott, Esq., of London, once go- vernor of the Bahama Islands, received a commission from the proprietors to be Attorney-general of South Carolina. His duties embraced, besides the prosecu- tion of criminal matters, the examination of proposed laws with respect to their concordance with those of England, and the preparation of laws affecting land and the Indian trade ; all public commissions and grants were to pass through his office, and the records of all offices were to be opened to his scrutiny. He was also made naval officer to advise with and assist the king's officers in collecting the customs, &c. Pos- sessed of great abilities and clothed with extensive powers, Mr. Trott came recommended especially to
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the attention of Gov. Blake, and immediately at- tained an influential position in the colony. Being elected to the next Assembly, he exhibited at once that proclivity to antagonism which marked his sub- sequent career. In a conference of committees from the council and Assembly [February 19, 1700] on a bill for regulating the court of admiralty, Gov. Blake, who presided, was insisting upon a certain point, when Mr. Trott interrupted him with the re- mark: " With submission to your honor, you are too fast ; we are not come to that point yet ;"* and with- out disclaiming an intention to offend, declared in reply to such a charge, his right to freedom of speech, since he recognized Mr. Blake as one of a committee, and not in his character of a proprietor and governor of the province. The conference was dissolved, and Blake refused to meet them again if Trott should be present. The matter was referred to the Assembly, whose interests Trott affected for the sake of popu- larity ; and they resolved "that any manager ap- pointed by this house have freedom of speech, as it is their undoubted right." But Trott had rendered himself censurable for partiality as the prosecuting officer of the port, and the governor suspended him on this account from exercising the functions both of attorney-general and naval officer. At this junc- ture, Gov. Blake died; and Trott had no difficulty in persuading the next Assembly to resolve that there were not sufficient reasons for his suspension, and to request his reinstatement, which was granted, after a strange show of reluctance, by his friend the suc-
* MSS. Journals.
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cessor of Blake, occasioned no doubt by Trott's oppo- sition to too flagrant a scheme of the new governor to turn to his private advantage the emoluments of the Indian trade.
During the session of the same house, the Funda- mental Constitutions brought over by Major Daniel were subjected to the criticism and ridicule of the attorney-general. And yet from his report it is not easy to say whether he was in their favor or against them. After stating the immunities granted by the charter to the proprietors, and the necessity for a con- currence of the freemen of the province in the esta- blishment of any law or constitution, it is reported " that the said original charter is the only true basis from, by, and according to which, other laws, methods and rules of government, which any ways concern the people's lives and their liberties, freeholds, goods, or chattels of the inhabitants of this province, ought or legally can be taken, derived, or enacted. That the said charter particularly and expressly provided for our civil liberties ; and freedom in matters of religion and conscience is thereby given us by and under the lords proprietors consent. That the constitutions of which we are to consider, make and set up an estate different and distinguished from the lords proprietors and the commons house, without whose consent no law shall or may be enacted, which is called in said constitutions the upper house, consisting of the land- graves and caciques, who being created by their lord- ships' letters patent are also a middle state between the lords and commons ; which constitution we can- not find that it any ways contradicts the said charter.
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We find that the 22d article in the constitutions manifestly interferes with our jury act now in force. That all other articles in the constitutions are as near and agreeable to the said charter as may be, or at least no ways repugnant to it."# The charter and constitutions were read, the latter voted valid notwith- standing the death of several who had signed it, made the special order for the next day, and then its second reading deliberately carried in the negative. And yet a great deal was accomplished by the report. It announced, with peculiar significance, the fact that the extent of religious toleration in the colony de- pended solely on the will of the proprietors. But the times were now troubled, and the minds of the people were filled with the contemplation of other events.
The tranquil administration of Blake had been succeeded by a period of disturbance and by the domi- nation of a faction, the first that rose to power in the province and truly deserved the name. According to the regulations originally made and always acted upon, the deputies of the grand council, by a majority of those then present, elected Joseph Morton, the eldest landgrave, governor till the pleasure of the lords proprietors could be known. But James Moore, a member of the same body, ambitious, enterprising, and overburdened with debts, rallied a party to his support and left no means untried to secure the office for himself. He objected to Morton's election because he held a commission from King William. It availed nothing that Morton's friends replied that his commission as judge of the admiralty must ne-
* MSS. Journals, August 31, 1702.
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cessarily come from the king for the trial of facts committed out of Carolina and beyond the limits granted to the proprietors by the charter. Had they known of Moore's negotiations, not many months before, for obtaining advantages for himself by double dealing in relation to certain silver mines he professed to have discovered while trading among the Indians, they might easily have presented a countervail for Morton's apparent defection from the interests of the proprietors .* On 22d March of the preceding year, Randolph, the agent for the Board of Trade, had communicated the secret to the Earl of Bridgewater, adding, "My lord, as this is a matter of great import to the crown if it succeed, so if it be [do] not, it will prove an utter ruin to Mr. Moore; if the lords pro- prictors know that he hath neglected their lordships and made his proposals in the first place to your lordships, he will certainly be a double loser, for besides his. great charge and travel to discover the mines, the lords proprietors will upon the first notice turn him out of the council and take from him his office of secretary," &c. But Moore's double dealing was unknown, and the plans of his party could not be annulled or retarded by arguments. The election of Morton was set aside, and his rival substituted as governor of the province.
It now became important to secure both the council and Assembly to his interest; for he might hope for such results with the clever assistance of Daniel, Trott, Rhett, Howes, Dearsby, and other adherents.
* See Letters of Moore, Cutler, and Randolph-Appendix.
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The vacancies in the council he filled by those of whose good-will he was assured. To gain the next Assembly was a work of greater difficulty. But for this end he and his party shrunk not the next year from the most indirect means and the basest prosti- tution of the elective franchise. In that election [Nov. 1701] unqualified aliens, strangers, paupers, servants, and even free negroes were allowed to vote.
As soon as the Assembly met, petitions were pre- sented by the defeated candidates praying to be heard against the correctness and validity of the sheriff's return .; The Assembly, most of whom were incor- ruptible, and, it appears, unconnected with Moore's party, promptly resolved to enter into an immediate investigation, to prevent which they were prorogued from time to time. Few laws were passed, while de- bates and reports continued day after day on fortifica- tions, Indian trade and traders, elections and the privileges of the house. Being summoned in April [1702], the busiest time with the planters, they met and adjourned till 5th May. Gov. Moore angrily imputed their conduct to a greater regard to private than the public welfare, and prorogued them till August.
In the interval, reports were circulated that Col. Daniel had instigated Moore to govern by martial law, if the Assembly should continue to exhibit a refractory spirit .; When they met they began with recriminations ; for if the public welfare had required their counsels, why had the governor through pique
* See Repr. of Coll. Co .- Appendix.
t MSS. Journals of the House.
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prorogued them until August ? And was it true that he designed to menace them with coercion ? "Oh ! how is that sacred word Law profaned," they said, " when joined with martial ! Have you forgotten your honor's own noble endeavor to vindicate our liberties when Colleton set up this arbitrary rule ?"
But the gathering storm is averted. The doors are closed. Speeches are pronounced in subdued tones. A secret and sudden expedition against St. Augustine is the subject of debate. Men and even women who had been there, are sent for and interro- gated with regard to its fortifications and general con- dition for defense .*
The expedition was agreed upon ; but when Col. Daniel was nominated as chief commander, it was carried in the negative. The Assembly requested the governor himself to take the command. ££2000 were voted, and it was thought that ten vessels and three hundred and fifty men with Indian allies would be a sufficient force ; " the encouragement to be free plunder and a share of all slaves."
By this time the secret had escaped, and the mer- chant vessels in the harbor anticipating impressment were busy in putting to sea. An embargo was im- mediately proclaimed, and all suspicious persons se- cured from giving notice of the expedition. Gov. Moore accepted the command on condition that the Assembly would concur with him in a plan for the government during his absence, namely, by a ma- jority of the council.+ On assuming command, he appointed Col. Daniel to head the attack by land,
t See 2 Statutes, 195.
* MSS. Journals. 17%
A
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with one hundred Carolinians and about five hundred Yemassee Indians, while he with about four hundred men sailed from Port Royal, their rendezvous, to St. Augustine. In September, when they had left, the Assembly set apart a day of humiliation and prayer for their success.
William of Orange had died this year, on Sth March, and Anne, daughter of James II., imme- diately became Queen of England, by virtue of the act of settlement in favor of the Protestant heirs to the throne. Her Catholic relatives had found refuge and protection in France; and on the death of James the claim of the Pretender to the English sovereignty was declared and supported by Louis XIV. This able monarch, with the aid of distinguished ministers and generals, had rendered the power of France for- midable to England. But in the war now proclaimed against him and his grandson, Philip V. of Spain, the military genius of Marlborough and Prince Eugene won many brilliant victories for England and her allies, and a peace humiliating to France was con- cluded at Utrecht, in 1713.
During this war, the American colonies of the bel- ligerents could not remain neutral. The disputes and hostilities of Europe necessarily affected them; and in the vast extent of territory intervening be- tween the rival settlements, the different hordes of savages were courted to alliance by the respective parties. The wars beyond the Atlantic were felt, not as a tempest at sea that moves the distant waters by a swell or subsiding billow, but as a virulent con-
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tagion that rages with as deadly a power afar as in the spot of its birth.
When Gov. Moore planned his secret attack on St. Augustine, it was not known in Carolina that-war had been declared; yet his opponents, who refused to sanction his movement, were called traitors and enemies to their country. They believed the design of the expedition to be the enriching of himself by plunder and captives, as they particularly accused him afterward of granting commissions to Dodsworth, Makoone, and others, to destroy or "take as many Indians as they possibly could; the profit and pro- duce of which Indian slaves were turned to his pri- vate use."* But the Spaniards also, before the dec- laration of war [1702], had put themselves at the head of 900 Apalatchee Indians, and set out to surprise the Carolinians. The English traders among the Creeks roused them to battle, and with 500 men met the invading force on the banks of Flint River. It was evening. The bloody war-god calmly awaited the beams of day. But at dawn, the Creeks stirred their fires, arranged their blankets where each man had slept, and, creeping away, hid in the adjacent forest. The Apalatcheans soon stole noiselessly to the de- serted camp, and rushed in with a yell upon what they took to be their sleeping foes. But instantly the war-whoop of the Creeks rose around them on every side. Many of the invaders were slain, and the plans of the Spaniards were entirely disconcerted. It is reasonable to suppose some connection between this affair and the charge against the governor of
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