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 With an appendix containing many valuable records hitherto unpublished 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 19
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The arms and ammunition sent by the king and proprietors did not reach the province until April of the succeeding year, when they were stored away. Efficient measures had just been taken for garrisons on the Santee, Savannah, (Fort Moore), Edisto, Port Royal, and Combahee ; for the enlistment of one hun- dred men, armed at their own expense, to join the Cherokees, who had become friendly, against the Creeks; for rewarding a body of Tuscaroras retained at Port Royal, by exchanging one of their nations enslaved in the war of 1712, for every straggling Yamassee they could capture; and for payment of soldiers for recent services, by raising £35,000 on bills of credit. The regiments from Virginia and North Carolina were discontinued, to relieve the treasury. The ancient animosities of the Indian na- tions had again brought them in conflict with each other ; and the alliance of the Cherokees, as long as it could be trusted, was as a wall of protection to the Carolinians. Still letters were sent to the authorities of Great Britain, computing at large sums the loss by ravages, the public cost of the war, the great an- nual charges rendered necessary-all to be borne by a people exhausted and exposed to dangers.
The proprietors had yielded to the wishes of the people, and revoked the veto power of Trott and his appointment of provost-marshals. They subscribed £500 of their funds toward building a church in
for the use and service of this province; but that John Danson, Esq., one of the said proprietors, had wrote to him to make punctual returns home; and likewise that their secretary in a. letter he received lately from him, had mentioned nothing therein relating to the payment of the said money as aforesaid."
£
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Charles Town for Rev. Gidcon Johnson. They granted the Yamassee lands for emigrants who should settle in the province. These lands were bounded on the northeast by the Combahee, southeast by the Coo- saw and Port Royal, southwest by the Savannah, and northwest by a line from the head of the Com- bahee to Fort Moore on the Savannah. They were now appropriated by the Assembly to all Protestant emigrants, for the purpose of strengthening the fron- tier in that direction. For encouraging settlers, a bounty was offered for the importation of white servants. The agent in England petitioned for some of the prisoners taken in the Scottish rebellion .* Assuredly there was at hand the display of a little wisdom on the part of their lordships. A great necessity existed for conciliation and prudent energy. They never had been weaker. A new king had arisen in England who knew them not. The ser- vices of Monk and Clarendon, Ashley, Berkley and Carteret, could no longer be brought to remembrance in behalf of Danson, Amy, Blake, or even the de- scendants of the original proprietors, against the manifest interests of the whole British nation. The memorial of Boone and Berrisford, and the address of . the Assembly to the king, continued to present the grievances of the province to their view .; The com-
* In June, 1716, Deputy-gov. Daniels informed the Assembly that he had bought thirty of the Highland Scots rebels, at thirty pounds per head ; and wished for power to purchase more. The Assembly sanc- tioned his purchase, but wished no more "till we see how these will behave themselves." MS. Journals.
t On 16th June, 1716, Deputy-gov. Daniel accused the Assembly, who appropriated .£2000 for Boon and Berrisford, of using the public funds to destroy the charter of the proprietors.
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mittee of parliament, however, appointed to consider the misfeasance of all the charter governments in America and to prepare a bill for resuming their grants, found various personal claims and influences conflict- ing with so abrupt a measure. At this time, Stephen Goden, a merchant of London, came forward in de- fence of the commerce and manufactories of England -urging the annulment of the charters, on the ground of unequal taxes imposed on the shipping and im- ports from the mother country, to encourage manu- factures and the building of vessels in the colonies- the Assemblies thus obstructing the action of parlia- ment by burdening in some instances with heavy taxes the articles specially protected at home by a release from export duties .* The proprietors having ratified such acts, repugnant to the laws and advan- tages of England, had ipso facto forfeited their char- ters; or else must truly be considered independent of the crown and the laws, which indeed had been sometimes asserted in the colonies.
To this argument was added the repeated solicita- tions of the Carolinians directly to the king praying his protection in their impoverishment. "We further take the liberty to inform your majesty that notwith- standing all these our miseries, the lords proprietors of this province instead of using any endeavors for our re- lief and assistance, are pleased to term all our endeavors to procure your majesty's royal protection, the busi- ness of a faction and party. We most humbly assure your majesty, that it is so far from any thing of that
MS. Notes from Papers in England.
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nature, that all the inhabitants of this province in general, are not only convinced that no human power but that of your majesty's can protect them, but earnestly and fervently desire that this once flourish- ing province may be added to those under your happy protection."*
Yet the charter was not revoked. These argu- ments and appeals were thwarted by neither favorit- ism nor chicanery. It behooves us rather to turn our eyes upon the British parliament, then the most august legislature in the world, hesitating, even for great national advantages, to subvert by its vote the equitable claims of so feeble a body as the proprietors of Carolina.
The French, with great activity and enterprise, were extending their power around the English colo- nies. Their determination to master the Cherokees by aiding the Creeks, and bringing other nations into alliance with themselves, and the deserted condition of St. Helena and St. Bartholomew, and the remote plantations generally, compelled the Carolinians to continue their principal garrisons, and to occupy the intervening territory by troops of rangers from the Santee to the Savannah. The attention of the As- sembly was still devoted to Indian troubles and the public debts, the public debts and Indian troubles. If there was some novelty, there was no solace in turning to a new theme-the scarcity of provisions throughout the province. [April, 1717.] While the proprietors refused to advance them aid from their
+ Journals, Appendix.
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private estates in England, or to mortgage their char- ter, they sent out a new governor with especial in- structions to have the bills of credit called in and canceled, which he told them they ought in justice and honor to make good. An act was accordingly passed, taxing their own lands and negroes, and the mercantile stocks in Charles Town, to pay off all the paper bills in three years .*
To pay these bills required a tax of £95,000. Cra- ven had given a bond not to engage in trade, and to enforce the British acts of trade and navigation. When Robert Johnson was commissioned, [April 30, 1717], this policy had been improved; and he en- tered into obligations to observe the orders of the proprietors, they having learned (says an angry me- morial of merchants,) " by woeful experience that no man can withstand the temptations of those people." The merchants indeed had lost heavily in the pro- vince, not through fraud, but the calamities of the people. Some had loaned money before the currency depreciated. The planters, as a class, had lost their crops. Provisions sold at many times their former value. Creditors in London, fearing, amidst the diffi- culties and distractions of the colony, a loss of all their debts, ordered remittances at any rate, and suf- fered accordingly. All who held bills of credit, and waited hopefully for their redemption, hailed with joy the passage of the law of Governor Johnson.
* 3 Stat., 34.
t His Council were appointed to be Nicholas Trott, Alex. Skene, T. Broughton, Chas. Hart, Fr. Yonge, Saml. Wragg, and James Kin- loch.
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Yet before the canceling of the public debt could be effected, the king in council ordered the proprietors to annul such acts of the Assembly as laid a duty of ten per cent. on British manufactures ;" and an ex- pensive expedition of the Carolinians against the pirates became necessary-so that the debts of the province were increased, and at the same time its resources diminished. In the storm of indignation which arose among its creditors, the lords proprietors, safely housed, looked impotently forth upon their ship tossing from their sight. Gov. Johnson, on first meeting the representatives [Oct. 1717], in his ardor for the proprietors, inveighed against the addresses sent from the colony to England, without consulting their lordships. Such proceedings were "disrespect- ful," " unjustifiable and impolitic," and answered no good end. Their lordships, notwithstanding, had kindly donated for the public use, all arrears due to them to Ist May, 1718. But since £3 in Queen Anne's time were now worth £12, the latter must be paid for land instead of the former.+ The com-
* Prosecution against their charter was threatened if these aets were not repealed. The proprietors said they knew not such acts were passed, and promised to repeal them. April, 1718; MS. Notes from London papers.
t At a council held 6th Sept. 1717 .- As the act, 6 Queen Anne, ch. 6, for ascertaining the rates of foreign coin, is in force in the colony, by instructions of the proprietors, it is ordered that Col. Wm. Rhett, their receiver-general, "shall receive all such sums of money as shall become due to the lords proprietors after the date hereof, in lawful money, according to said act of parliament, according to the species therein mentioned ; or else in such a number of bills of credit as shall bear proportion to the same, which proportion at present we adjudge to be four for one-that is to say, twenty shillings for five. But this order not to extend to the purchase money of lands, or any grauts or
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mittee appointed to answer this address, were in- structed by the house to "touch slightly (but not by way of argument or submission,) on what the last two Assemblies have done heretofore in addressing his majesty to take this province under his protection. And as to the donatives of the lords proprietors to the said province, that they take notice of the design of the house, to consider thereof at a proper time."* They thought taking £12 for £3, was not like a "donative." The munificence of surrendering their arrears was also made less by the governor's notice that, from the date of their lordships' letter, the gift must be understood as only extending to 3d May, 1716. The Assembly declined the donative. John- son was anxious that they should accept it, and wished them to order a rent-roll made for the benefit of the proprietors, " as the Assembly is to pass whole- some laws even to private persons, much more to the lords proprietors, who are our masters !" If you will not do them this justice, they will " pursue other me- thods to recover their just dues." The Assembly re- plied, " we cannot but approve of your honor's care of their lordships' interest, who are, as you say, your masters." "If you look over their charters," was the answer, "you will find them to be your masters likewise." [Dec. 1717].
The governor appeared determined to gather in, as far as possible, all the powers yielded to the As- sembly in former administrations. The first oppor-
plots that are already returned into the secretary's office before the date of this order, or the quit-rent thereof."
* MS. Journals.
24*
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tunity for this experiment occurred on the election by the house of Col. Michael Brewton to be powder- receiver. "The keys of the magazine," said Johnson, " shall be kept only by the officer appointed by the governor, who is military chief, and grants commis- sions ; the house shall forthwith order the keys to be delivered to Major Wm. Blakeway, whom he has commissioned commander of the fortifications, and to take charge of the magazines; which office cannot be separated from that of powder-receiver." The house refused to proceed in business if this claim was insisted upon, and prepared an advertisement, to be made public in such a case. The governor partly yielded, and wished, for the sake of peace, that both officers might be appointed. " My officer shall keep the magazines, and give receipts to your officer for all pow- der delivered into his keeping." "What is the use," replied the house, " of a powder-receiver who don't keep the powder ?" "But I insist on keeping it," said Johnson, "for I am his majesty the king's lieuten- ant." He immediately saw the following advertise- ment fixed up at the watch-house by order of the Assembly : " Whereas, in and by an act entitled an act declaring the right of the House of Commons, for the time being, to nominate the public receiver, and duly ratified in open Assembly, the 5th day of July, 1707, among other things therein contained, it is en- acted that the power, right, and authority of nomi- nating and appointing the public receiver and comp- troller, powder-receiver, and all such officers who re- ceive a settled salary out of the public treasury of this province, shall always remain and be solely in
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the disposal of the House of Commons for the time being, who shall put out, call to an account, and put in place, from time to time, all such officers according to their discretion; and whereas this present House of Commons did, on Saturday, the 7th of December instant, nominate and appoint Col. Michael Brewton to be powder-receiver in this province, and in that station to act and do in all things as the laws thereof, now or hereafter to be in force in the same, which any ways relate to such his office, shall direct and order him :- These are therefore to give notice to and require all masters and commanders of ships and vessels, liable by law to pay any powder to the pow- der-receiver, who shall, after the date hereof, clear out and depart this province, that they pay the pow- der due, and payable according to law, for the several respective ships they shall happen to be masters or commanders of, unto Col. Michael Brewton, appointed powder-receiver as aforesaid, and to no person else inhabiting in the same, whatsoever, as they will an- swer the contrary by being prosecuted as the law di- rects. Signed by order of the house, George Logan Speaker."*
* The next entry in the Journals is dated Feb. 3d, 1720 .- An act was passed, Feb. 1719-20, "for preventing the embezzlement of the Public Records of this settlement, and for obtaining the same out of the hands of such persons as now have the custody thereof :" 3 Stat., 98. On account of this loss of the original materials, much of the subse- quent portion of this chapter will depend, principally, upon the " Narra- tive of the Proceedings of the People of So. Ca., in the year 1719," (2 Carr. Coll.) by Francis Yonge, " being furnished with proper materials, the original papers, and an eye-witness to most that then passed in that province;" and also on a MS. summary of the papers in England relat- ing to the same events. One of the original pamphlets of Mr. Yonge
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Although Johnson had entered upon a sea of trou- bles, in the conflicting interests of the people and the proprietors, yet his integrity and ability, and the associations of his family and home, and his father's services, secured for him a degree of popularity among the leading men of the province. At this time the pirates had by long impunity become formi- dable to the trade of the West Indies and Carolina. Their chief places of rendezvous were the Island of Providence and Cape Fear River. Against the former Capt. Rogers was sent by the king with a few ships of war, and captured the island. Except Vane and about ninety others who escaped, all the pirates there took the benefit of the royal proclamation, which promised pardon to such as should surrender them- selves within twelve months." Capt. Rogers retained possession of the island, and instituted a civil gov- ernment upon it. The pirates whom, upon the whole, the proclamation seems to have encouraged, more than once blockaded the harbor of Charles Town for several weeks at a time, and took all the ships entering in or going to sea.+ Steed Bonnet com- manding a sloop of ten guns, and Richard Worley another of six guns, issued at will from their place of refuge at the mouth of Cape Fear River, and ho- vered audaciously off the coast. Johnson resolved to check their insolence, and fitting out two sloops,
(1726) is in the Charleston Library, presented by Gov. Drayton. For a notice of all the chasms in our Public Records, see Mr. Green's Re- port to Legislature, Nov. 1853.
* Hewit, 209.
t " Proceedings," &c. : 2 Carr. Coll., 148.
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placed them under command of Col. Rhett." No man in Carolina possessed more dauntless courage. Exulting as an eagle for its prey, he pursued Bonnet, whom he met near the bar, into Cape Fear River, took the sloop after an engagement, and brought its commander and about thirty men to Charles Town. A disagreement having arisen between Rhett and the governor, the latter set out without him in pur- suit of Worley, who came to engagement off the bar, offering the Carolinians combat in a spirit of despe- ration. The pirates, fighting like furies, refused to surrender, and were all killed, except Worley and one of his crew, who still fought on, and were taken only when stricken down with dangerous wounds. They were brought into town, and to prevent their dying of their wounds were instantly tried, con- demned, and executed. Steed Bonnet and his crew, except one man, suffered in like manner, and their bodies were buried at White Point, below high-water mark .; The governor and Col. Rhett received the thanks of the proprietors for their conduct and suc- cess ; and though the public debt was increased by these expeditions, the people were gratified at having
* Bonnet's letter to Col. Rhett.
Bonnet escaped from prison and was recaptured. Vide Ramsey, 1, 204, for a letter addressed by Bonnet to Col. Rhett, to intercede in his behalf. There is a tradition that in his fight with the pirates Rhett was shot through the body. The cause assigned in the text for his not joining in the second expedition, is based on a letter of the pro- prietors on the subject. This letter of censure was not sent. Had the proprietors heard in the mean time the true cause of Col. Rhett's con- duct ?
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their commerce freed from hazard and destruction at so precarious a period of their prosperity.
While Col. Daniel acted as governor a change was made in clecting the members of Assembly. It had become customary (perhaps through the dangers of the province,) to choose all the members at Charles Town. By establishing parishes, and appropriating duties to the wardens of each, the evident conve- nience and utility of subdividing the operations of a system cumbrous and burdensome if concentrated, led to the expedient of creating county courts, and electing representatives by parishes. The latter, through appeals of the grand juries, was now begun, by allotting for Berkley county-four representa- tives to St. Philip's, (Charles Town), two to Christ Church, three to St. John's, four to St. Andrew's, three to St. James, Goose Creek, three to St. Thomas and St. Dennis, (whose boundaries were indefinite ;) four to St. Paul's and three to St. Bartholomew's, in Colleton county ; three to St. Helena, in Granville ; and one to St. James, Santec, in Craven." The first election under this law occurred in April, 1717. The people were pleased with the greater freedom of pro- cedure in balloting in their respective parishes, with- out the violence and tumults they had often wit- nessed at Charles Town. On the other hand, Trott and Rhett had forescen their loss of power by this method, and had exerted themselves to defeat it. Having failed to do so, they sent such representations of the change to the lords proprietors, "with whom
* 2 Stat., 683.
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they had always too much interest, either for their lordships' or the people's good,"* that at the juncture of a new effort by the Assembly harmonizing with Johnson, (after the suppression of the pirates,) to save the public credit, and who, it is said, "were never observed to be in so good a disposition toward the proprietors"-at this juncture an order arrived to dissolve the Assembly forthwith, and call a new one according to the former custom, and the laws ratified in London. What right had the Assembly to alter any thing ratified by their lordships, without their consent ? Our deputies, it is true, have sanc- tioned your new election act; but we are not bound by what our deputies do, being ourselves the head of the legislative body of the province ; what we refuse you cannot enact; and what we once approve of you cannot alter or repeal.
With this tyrannical injunction came a repeal of the act for electing the receiver, &c., the Yamassee land act that regulated the Indian trade, and other .laws raising duties to liquidate their debts and for the necessary support of the colonial government .;- Governor Johnson and his council (except Mr. Trott), were greatly surprised at these orders, and having carefully considered the consequences which would follow their promulgation, resolved to keep them secret till the Assembly had accomplished the business then before them. But as the repeal of the duty acts was by order of the king in council, this at least must be immediately performed. By some means,
* F. Yonge.
t See these orders : 3 Stat., 30.
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however, the nature of all the instructions was di- vulged, and the Assembly were much excited. They thoroughly discussed the position assumed by the proprietors, of freedom from obligation by acts of their deputies. So widely did they differ from their lordships, that they thought no act of the deputies, who were attorneys by the nature of their deputa- tion, could be annulled by the proprietors ; who were also, in such cases, according to the tenor of their charter, as much bound as if they had been present and affixed their own signatures to the bills sent from the Assembly. Moreover, to deny the Assembly's right to repeal laws, found in the course of time to be deleterious to the public welfare, was equivalent to an abnegation of their essential legis- lative character.
Immediately before these events, Whitaker, Allein and other lawyers, who had long endured Judge Trott's tyranny in court, presented to the Assembly thirty-one articles of complaint against him, setting forth, "That he had been guilty of many partial judgments; that he had contrived many ways to multiply and increase his fees contrary to acts of Assembly, and to the great grievance of the subjects, and that among others, he contrived a fee for contin- uing causes from one court or term unto another, and then he put off the hearing for several years toge- ther; that he took upon him to give advice in causes depending in his courts, and did not only act as a counselor in that particular, but also had and did draw decds and other writings between party and party, some of which had been contested before him as
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chief-justice; in the determining of which he had shown great partialities, with many other particulars ; and lastly, complaining that the whole judicial power of the province had lodged in his hands alone; of which it was evident he had made a very ill use, he being at that time sole judge of the Pleas and King's Bench, and judge of the Court of Vice-Admiralty, so that no prohibition could be lodged against the pro- ceedings of that court, he being in that case to grant a prohibition against himself; he was also at the same time one of the council, and of consequence, of the Court of Chancery." The facts alluded to being substantiated, the Assembly sent a message to the governor and council, requesting their concurrence in complaining to the lords proprietors, and desiring them to remove Mr. Trott entirely from office, or to limit him to a single jurisdiction. Trott needed no greater condemnation than the concurrence of the Assembly, governor, and a majority of council in this measure. Thinking their object would be best effected by sending to the proprietors one of the council who was cognizant of the whole case, and all the affairs of the province, they deputed Mr. Yonge, who, with suitable instructions, arrived in London in May, 1719.
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