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 With an appendix containing many valuable records hitherto unpublished 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 15
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existed between them and dissenters from episco- pacy.
Where church and state. are connected, and the people possessing democratic powers consist of large classes differing in religious doctrines, the strong and triumphant not seeking reconciliation with the weaker, but demanding conformity, imposing penal- ties and creating civil disabilities-it inevitably re- sults that the sects become transformed into political parties, for or against parliamentary enactments, or in support of such changes in government as might pro- mote their own views and interests. But while the mother country suffered from year to year from these distracting causes, the colony of South Carolina had been happily exempt from them; because the settlers had generally left their native lands to be free from these identical evils of intolerance.
The charter evidently contemplated the establish- ment of the Church of England in Carolina, but did not specifically provide for it. Had the second or subsequent Fundamental Constitutions been adopted by the people; the church, ipso facto, would have re- ceived its establishment. We have already seen why the party strongly in favor of such a measure, " had lain dormant from the beginning. They were not bold enough to attempt it by direct legislation till Lord Granville was palatine of the province, who was well known as a zealous advocate of high- church episcopacy, and an inflexible opponent of dissenters of all denominations. It became his favo- rite project to establish his church in Carolina,
* Archdale.
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and to exclude dissenters from any participation in the government .*
The colonies, in America, constituted a part of the diocese of the Bishop of London, who recommended ministers to the colonial churches. In South Caro- lina, after a church had existed eighteen years, pro- vision was made for the maintenance of its minister, [1698] who needed assistance, appropriating to his use £150 per annum, a negro man and woman, and four cows and calves. In the same year, Mrs. Affra Coming gave, as an additional support, a farm of se- venteen acres, which now form three valuable squares in the heart of the city, and afford a large income to the church.t
Governor Blake, and a great portion of the council and Assembly that passed this act,¿ were dissenters. It was through the governor that the act was pro- posed. So peaceable were the relations of the people with respect to religion, that it was said "even the ministry of the Church of England had support from Protestant dissenters."§ In 1700, the white popu- lation in the colonies was computed to be between five and six thousand,|| yet there was but one episco-
* Oldmixon, 418. t Dalcho, 34.
# The preamble of the act is erroneous in stating that the charter denied "any public maintenance," except to Episcopalians. These were the terms of the repudiated Fund. Consts.
¿ Oldmixon ; Carr. Coll., 2, 417. Archdale, 113. Boon's Petition. I find no evidence that religious differences had yet entered into the politics of the colony. Bancroft, 3, p. 16, and others who give the same account, were perhaps misled by Archdale's rambling and confused his- tory of his times-Sayle, Morton, Smith, Archdale, Blake, and (I think) West, were dissenters.
| Hewit p. 130. In Humphrey's "Hist. Account," &c., p. 25, it is
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pal clergyman beyond the limits of Charles Town, who had just arrived, and officiated at Goose Creek. His successor, two years afterward, found there only five communicants. At the same time there was an In- dependent church at Dorchester; and in Charles Town a church of French Protestants, another of Baptists, another of Congregationalists, and a Quaker meeting- house. The French church, with three others of the same denomination beyond the town, contained 438 members. As late as 1706, it was said, "'tis noto- rious that above two thirds of the people of Carolina are dissenters;" and the minister of the Church of England, in Charles Town, wrote of them to Dr. Stan- hope, as "the soberest, most numerous, and richest people of the province."*
The faction in the colony, whose rise we have wit- nessed, was developed into an episcopal party before their opponents were aware that religion entered into their plans. No allusion was made to this subject by the large number of their opponents who sent a state- ment of grievances to the proprietors, in June, 1703. The governor, who was a zealous churchman, entering into the scheme of his party, called together the Assem- bly in May, 1704, before the time had expired for which it stood prorogued; and as soon as it met, no doubt with all whom he could depend on designedly present, the well-planned measure was brought for- ward.
said, " in the year 1701, above 7000 persons, besides negroes and In- dians," inhabited So. Ca. This is certainly incorrect. Vide Report of Council, in 1708.
* Case of Dissenters : Appendix.
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On 4th May, Col. Risbee asked leave to introduce a bill .* It was read. "For the more effectual pre- servation of the government of this province, by requiring all persons that shall hereafter be chosen members of the commons House of Assembly, and sit in the same, to take the oaths and subscribe the decla- ration appointed by this bill, and to conform to the religious worship of this province, according to the Church of England, and to receive the sacrament of the Lord's Supper according to the rites of the said church. Some members immediately called for the reading of the grand charter. But the opposition was soon overcome; the bill was passed through its first reading with amendments; and Col. Risbee was ordered to present it to the governor and council.+ They passed it and returned it to the house. The next day it received its second and third reading, and was sent as a law for ratification by the governor and council. It bears date the 6th May. It was passed by a majority of one, twelve voting for it and eleven against it, among whom were some Episcopa- lians. Seven members were absent. The day to which the Assembly had stood prorogued was the 10th of May.1
In the house, Thos. Jones, John Beamer, Laur. Denner, Wm. Edwards, and Jno. Stanyarne, entered,
* Dalcho, p. 52, must be mistaken in the date assigned to the Letter to the Society for Propagating the Gospel. If it should be dated 1706, his inferences are erroneous. Yet the designs indicated in the letter are such as probably prevailed in the party prior to the enactment of 1704.
t MS. Journals.
See 2 Stat. 232; Case of Dissenters : Appendix.
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under leave, their dissent in these words: "that King Charles II. having granted a liberty in his char- ter to the people for the settling of this colony, we think the above bill too great an infringement on the liege subjects of his majesty." Charles Colleton, " that the said bill is not proper for the inhabitants of this colony at this time." Jas. Cochran, because " contrary to the liberties of the inhabitants of this province, granted by the charter from his majesty to the proprietors of this province, which liberty hath encouraged many persons to transport themselves into this province."# There being no further use for the Assembly, it was prorogued till October. In the coun- cil, Landgrave Joseph Morton was denied leave to enter his protest against the act. It was signed by the governor, and Broughton, Moore, Gibbes, Noble, and Trott. The most tyrannical clause in this law required, that in the case of the representative elected refusing to qualify as directed, the next on the sheriff's return should be entitled to the seat, or the next, and so on till the list were exhausted; and then only should a new writ be issued. An oligarchy supplanted the representative assembly. Ten men might elect a member against the votes of a thou- sand.
A motive assigned for this sudden exclusion of dissenters was the fear of inquiry into the illegal practices of the ruling party, since the dissenters happened principally to be those who urged such a measure. It was certainly not for religion's sake. If we give credence to their own minister, Mr. Marston,
* Journals.
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rector of St. Philip's, we must believe "that many of the members of the commons house that passed this disqualifying law, are constant absentees from the church, and eleven of them were never known to receive the sacrament of the Lord's Supper," though for five years past he had administered it in his church, at least six times a year." The same As- sembly had passed an act against blasphemy and profaneness, "which they always made a great noise about," wrote Landgrave Smith, " although they are some of the most profanest in the country them- selves."+
When the Assembly met in October, none of those who had protested against the disqualifying act ap- peared at first in their seats. Much time was con- sumed in settling the case of Mr. Marston, who had in several sermons spoken against the oppressive usurpations of the house, among other things com- paring the members to Korah and his rebellious brethren. They finally deprived him of his support from the treasury; and in their law for the estab- lishment of religious worship in the province, intro- duced by Ralph Izard, they allowed themselves to make an ex post facto enactment, directed, as Governor Johnson subsequently confessed, against Mr. Marston,
* Case of Dissenters, Appendix ; Archdale, 110. Having referred so often to the " Case of the Dissenters," I must remark that the an- thor of it is in error in discussing the Fund. Consts., and also in repre- senting the dissenters as the body of the people favoring their adop- tion. They were no doubt preferred by some to the disqualifying law. The proprietors' party now in power rejected the Fund. Consts. Oct. 18, 1704. (Journals of the Coms.) Gov. Johnson was in favor of their adoption.
t See his letters, Dalcho, 56 ; from the Journals.
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"the pest of the country."* Among many extraor- dinary and arbitrary regulations of this law, the clause we are alluding to was particularly obnoxious to churchmen as well as dissenters. It established a lay commission for the trial of ecclesiastical causes. They "were authorized to sit in the judgment-seat of spiritual officers, and thus to wrest the ecclesias- tical authority out of the hands of the Bishop of London." Their purpose, however, was effected in ar- raigning before them the Rev. Mr. Marston, and re- moving him from his benefice.+
On the passage of this law for the establishment of episcopacy, motion being made by some members for recording their protest, the Assembly followed the example of the council, and resolved " that no mem- ber shall have leave to enter his dissent." [November, 1704.] Liberty of speech, not only in the pulpit and Assembly, but throughout the community, was practically denied; for every one was liable to be dragged to court, or summoned before the bar of the house, for a curse or naughty expression derogatory to his honor the governor, or disrespectful to the legis- lative oligarchy.
The scene is now changed to London. When Mr. Ash had been prevailed upon by Morton, Bellinger,
* 2 Stat. 240, 2 25.
t Dalcho 62. The commissioners under this act were Sir Nathaniel Johnson, Thomas Broughton, Jas. Moore, Nich. Trott, Robt. Gibbes, Job Howes, Ralph Izard, Jas. Risbee, Geo. Logan, Wm. Rhett, Wm, Smith, John Stroud, Thos. Hubbard, Richard Beresford, Robert Sea- brook, Hugh Hicks, John Ashly, John Godfrey, James Serurier, alias Smith, and Thos. Barton-a majority of whom, or cleven, were a quo- rum, and had power to fill vacancies occasioned by death or absence.
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all the Colleton members, and several of the highest standing in Berkley county, to proceed to England and present an account of their miserable condition to the proprietors, the opposite party were so appre- hensive of danger from the measure, that their efforts to defeat it obliged Mr. Ash to hasten to Virginia, and there await his necessary instructions. In Eng- land he found Lord Granville so entirely in the inte- rests of the dominant party in Carolina, that he determined to prepare a statement for publication, but died when but a few sheets were printed. His papers and correspondence came by improper means into the hands of the governor and council, who did not hesitate to ill-use those who appeared from these papers to be exerting themselves against them .*
Mr. Boon was now sent, and many London mer- chants trading to Carolina, united with him in peti- tioning the proprietors to repeal the recent acts of Assembly. Granville being vainly solicited for seven weeks at length called together the proprietors. At their meeting, Mr. Archdale's opposition to the rati- fication of the objectionable acts, met with the haughty response from Granville: "Sir, you are of one opinion and I am of another, and our lives may not be long enough to end the controversy. I am for this bill, and this is the party that I will head and countenance." And when Boon requested that he might be heard by counsel, he met with the reply, " What business have counsel here ? It is a prudential act in me, and I will do as I see fit. I sce no harm at all in this bill, and I am resolved to pass it."
* Oldmixon, 431.
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But others saw much harm in it. The Society for the Propagation of the Gospel, by whose christian liberality the colony had been greatly benefited, met in St. Paul's church, and taking into consideration the act for establishing religious worship, resolved not to send or support any missionaries in Carolina, until the act, or at least the clause relating to lay commissioners, should be repealed .* And Boon, turn- ing from the proprietors, looked for justice and re- dress to the House of Lords. After briefly and lu- cidly reciting the history of events, he besought them to consider the deplorable state of the colony and provide for its relief.+ Granville and Craven ex- erted themselves to justify their ratification of the laws, and to avoid impending danger from such a tribunal,¿ but to no purpose; for the lords, in their address to the queen [March 12, 1706], characterized the creation of lay commissioners as "not warranted by the charter granted to the proprietors of that col- ony ; as being not consonant to reason, repugnant to the laws of this realm, and destructive to the consti- tution of the Church of England ;" and the disqualify- ing act as "founded upon falsity in matter of fact," (inasmuch as its preamble stated, that receiving the sacrament according to the rites of the Church of England was required of every member of the Brit- ish parliament,) and "repugnant to the laws of Eng- land, contrary to the charter," "an encouragement to atheism and irreligion, destructive to trade, and tends to the depopulating and ruining of the pro-
* Archd. and Oldmix.
t See this Petition, Appendix.
+ MS. Notes.
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vince." " And they proceed :- "We, your majesty's dutiful subjects, having thus humbly presented our opinion of these acts, we beseech your majesty to use the most effectual methods to deliver the said pro- vince from the arbitrary oppressions under which it now lies, and to order the authors thereof to be prose- cuted according to law; at the same time we repre- sent to your majesty how much the powers given by the crown have been abused by some of your subjects, justice requires us to acquaint your majesty that some of the proprietors absolutely refused to join in the ratification of these acts. We humbly beg per- mission to inform your majesty that other great in- justices and oppressions are complained of in the petition ; but the nature of the fact requiring a long examination, it was not possible for the house to find time for, so near the conclusion of the session; and therefore we presume, with all duty, to lay the peti- tion itself before your majesty at the same time we present our address. We cannot doubt but your majesty, who, from the beginning of your reign, has shown so great a concern and tenderness for all your subjects, will extend your compassion for those dis- tressed people, who have the misfortune to be at so great a distance from your royal person, and not so immediately under your gentle administration. Your majesty is fully sensible of what great consequence the plantations are to the crown of England, and to the trade of your subjects ; and therefore we rest as- sured that, as your majesty will have them all under your royal care, so, in particular, you will be gra- ciously pleased to find out and prosecute the most ef-
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fectual means for the relief of the province of Caro- lina."
The queen answered this able address : "I thank the house for laying these matters so plainly before me. I am very sensible of what great consequence the plantations are to England, and will do all in my power to relieve my subjects in Carolina, and protect them in their just rights."*
The subject being referred to the Board of Trade [April, 1706], they consulted the crown lawyers, whose opinions were carefully prepared, pronouncing that the laws ought to be made void; and on this authentic basis the lords commissioners reported an abuse of power on the part of the proprietors, and consequently a forfeiture of their charter, and recom- mended its annulment by legal process .; This opin- ion was signed by Lord Dartmouth, Hon. Robert Cecil, Sir Philip Meadows, Wm. Blathwayte, Mat- thew Prior, and John Pollexfen. There was also an order of council for the queen's attorney and solicitor to report what measures were requisite for recalling the charter. The proper method was indicated, but doubts expressed whether it might not involve an infringement on the privileges of the proprietors, who were peers of the realm; and consequently ultimate action against the charter was withheld. But these decisions were cherished in the memory of the Caro- linians. The queen, on 10th June, according to the advice of her officers, declared the two enactments of the colonial Assembly to be null and roid.
* Dalcho, 08. t MS. Notes.
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Returning to the House, in Charles Town, that so hurriedly passed, by a majority of one, the act ex- cluding dissenters, we are told that quickly after- ward a majority, no doubt much larger, voted its repeal, which was rejected by the governor and coun- cil .* The fact that it could not have been adopted, if all the members had been present, renders more striking the iniquitous trickery of its enactment. It remained as the law under which the next Assembly were elected, the former having been dissolved by the governor. In Colleton, out of 200 electors, ten went to the polls, by whose votes the ten members of the county were chosen. In the election at Charles Town for Berkley and Craven, it is said, a complement of " high church" episcopal candidates could not readily be found.+ The politic management of those opposed to the "occasional bill," as it was called, secured the votes of the French by including one of their country- men among their candidates. The governor's party, alarmed for their laws, " gave out, an Assembly was chosen who would repeal the church act and not pay the Augustine debt; threatening if they did, the house and town should quickly be too hot to hold them." When the Assembly met [January 2, 1705], the governor took occasion of some irregularities com- mitted in its organization to dissolve them, and order the issuing of new writs of election.
The dominant party by exertion and violence were more successful. A majority of the new Assembly qualified as prescribed by law ; others refused to do so, and the next on the sheriff's list were summoned
Boon's Petit. ; Case, &c. ad finem. f Oldm. 441.
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to their seats. Of the commons,* convened in March, 1706, nearly all favored the church establishment ; and James Risbee, who had had the honor of intro- ducing the bill against dissenters, now proposed to trample upon the liberties of the people in a way equally illegal and tyrannical, and yet met with sup- port from the house and the sanction of Sir Nathaniel Johnson. They knew that should the dissenters and moderate churchmen combine, or should the former alone unite to overthrow their power, they could not for a moment withstand the onset. They determined, therefore, while they had the opportunity, to pass a law for continuing themselves in authority, for "two years, and for the term and time of cighteen months after the change of government by the death of the present governor, or the successor of another in his life- time."+ Because, " next to the general security of the country, the interest and preservation of the Church of England, so happily begun to be established in this pro- vince by the zealous endeavors of the right honorable the present governor, ought to be principally regarded,
* The members of this Assembly were Wmn. Rhett, speaker [in place Job Howes, deceased], Robert Daniel, Robert Seabrook, Arthur Mid- dleton, Dove Williamson, David Davis, Thomas Barton, Jonathan Fitch, John Ash, John Whitemarsh, John Woodward, William Peters, John Fenwick, James Risbee, Henry Wiggington, John Abraham Motte, Louis l'asquereau, James Moore, Jr., Edward Loughton, William Bull, John Cantey, Thomas Farr, Xph. Wilkinson, Ralph Izard, James Williams, Charles Burnham, and Abraham Eve. Hugh Grange, Thomas Rose, and Hugh Hext refused to qualify. The oaths of allegiance, supremacy, abjuration, and the declaration required of members, will bo found in Appendix, copied from MS. Journals. The Fundamental Con- stitutions were also urged upon this house, who resolved to consider them " when the house was full."
t 2 Statutes, 266.
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which notwithstanding, by a change and alteration of government by the succession of a new governor, may be endangered of being undermined, if not wholly subverted and overthrown by the enemies thereof."
In Johnson's address to this Assembly, he inveighed against the opposers of his church policy as " unsteady and censorious," as " unfit to make laws," being at. their years hesitating in the great law to themselves, viz., " in what manner to serve their great Creator." The church should have a " sure and lasting estab- lishment" in Carolina. Dissenters are "restless spirits" with " plausible pretenses of conscience and liberty." But do you act as what you are, "true sons of your mother, the Church of England." Some men wished the government in their hands only to cast it " into their anti-monarchical models and principles."*
The house responded heartily, and went in a body to present their answer. It was not surmised what course would be adopted against their laws and con- duct by the head of their mother church ; and elated with success they separated, on prorogation, till September.
* MS. Journals.
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CHAPTER IX.
The Disqualifying and Church Acts repealed in the Colony-the Church Act of 1706-Benefits derived from it-Schools and Education-The General Condition of the Province-Population-Militia-Commerce -Shipping-Manufactures-Indians-Religious Sects-Prices of Labor-Public Expenses-Paper Currency-Agriculture-Change in Political Parties-Trott and Rhett-Their unpopularity-Alterca- tions of Governor and Assembly-Death of Granville-Col. Tynte appointed Governor-The Assembly vindicate Johnson against the charges of Boon -- Instructions to Gov. Tynte-He dies -- Gibbes and Broughton contend for the Office-Charles Craven appointed-Ex- ports of the Province-Popularity of Craven-The Tuscarora War --- Policy of keeping in England a permanent Agent for the Colony-The People desirous of a change of Government from the Proprietors to the King-Debts of the Colony-Emission of more Bills of Credit- Merchants of London complain-The Proprietors give Trott a veto power in Carolina-Excitement and Complaints of the People- Agents sent to England-The Yamassee War -- Craven returns to England-Col. Robert Daniel Deputy Governor.
To the calamities of the ensuing summer, including the pestilence and Le Feboure's invasion, the death of Col. Moore, and the Rev. Mr. Thomas, (who would have officiated in the vacant church at Charles Town), of Mr. Howes and many worthy persons of both par- ties, was added the news of the adverse decisions in England consequent upon the petition to the House of Lords. The governor with ill-grace abnegating the necessity of obedience to a higher power, and almost fulminating anathemas against Marston and Boon, condescended to tell his Assembly, " when you have passed an act securing the Church of England, then I will join you in repealing the act against dissenters 20
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