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 With an appendix containing many valuable records hitherto unpublished 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 20
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Lord Carteret, the palatine, being about to proceed on an embassy to the court of Sweden, referred Mr. Yonge to the rest of the proprietors ; to whom, after some delay occasioned by themselves, he presented a memorial [June 5, 1719] excusing the governor and council for not instantly dissolving the Assembly, as many persons had furnished voluntarily, or by im-
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pressment, the means for the two expeditions against the pirates, which amounted to more than £10,000, and which must be paid by this Assembly, or lost perhaps in the disaffection of another elected amidst the tumult that would follow a strict obedience to their lordships' commands. Besides, the annulment of the duty acts, by which the clergy, the garrisons, and several public debts were paid, and on which orders had been already drawn for £30,000; and the annulment of the trading law, and the provi- sions for sinking a portion of the bills of credit, and at the same time a dissolution of the Assembly with- out a substitute for the laws annulled, threatened serious embarrassment to the government. They had preserved to their lordships without diminution all their rights and powers; and in relation to the principles of repeal, presented them a copy of Mr. Trott's speech, made at a conference of the two houses, in support of the prerogative of the proprietors. The memorial next showed the necessity of allowing Mr. Secretary Hart a clerk to assist in transcribing the laws which their lordships required to be sent con- stantly to them ; to allow Mr. Gibbon a remuneration for the council's use of his rooms; and themselves some equivalent for spending one third of their time in the discharge of official duties; to please to let Mr. receiver-general pay for the candles, &c .; to place custom-house officers at Beaufort, whose inhabitants now rapidly increasing were compelled to bring their produce to Charles Town for shipment; to grant 6000 acres to the public for the garrisons; and some part of the land to the northward on the same terms
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as the Yamassee lands had been granted for encourag- ing the settlement of the frontiers in that direction. And lastly, as if in doubt of success, the memorial set forth the complaints against Trott, and pleaded for the people's undoubted right of appealing from his erroneous judgments in law; who, in possessing all judicial authority in the colony, held "a trust never reposed in any one man before in the world."
Now it happened that some of the proprietors were minors, and that the rest were so occupied with other business, that the affairs of the province were in a great measure managed by their secretary, and that Judge Trott and his brother-in-law, Col. Rhett, com- pletely managed the secretary. "The secretary," says Mr. Yonge, " sent any instrument when drawn, by the post, to such as were out of town, or carried them to sign, to those that were in town ; which was generally done without any previous consideration whether they were fit and convenient to be done or not ; and thus a whole province was to be governed by the caprice of one man."# Trott's private letters were listened to, while the united voices of the go- vernor, council, assembly, and people of South Caro- lina, appeared indicative only of falsehood and treachery. The chief-justice was thanked for his efforts to uphold their lordships' power, and furnished with a copy of the complaints against him that he might prepare his answer thereto. He was main- tained in all his offices, but it was intimated that a sense of propriety should prompt him to withdraw from the council, whenever complaints against him-
* "Proceedings," &c., 162.
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self were presented for their consideration. Mr. Yonge, who held a commission as surveyor-general, was a deputy by recommendation of the palatine, and at an important crisis had come thousands of miles to represent the authorities of the province, and to afford from his knowledge and experience whatever information the proprietors might wish, was disrespectfully kept in attendance for three months, and then sent back with sealed dispatches and ignorant of their lordships' resolves. Their letter to Governor Johnson was this : "Sir : We have received and perused your letters and all your papers delivered us by your agent, Mr. Yonge; and though we are favorably inclined in all our thoughts relating to our governor, yet we must tell you, we think you have not obeyed your orders and directions given to you, to dissolve that Assembly and call another forthwith according to the ancient usage and custom of the province ; and to publish our repeals of those acts of Assembly immediately upon the receipt of our orders aforesaid. But we shall say no more upon the subject now, not doubting but our governor will pay a more punctual obedience to our orders for the future. The lords proprietors' right of conferring and repeal- ing laws, was so particular a privilege granted to them by the crown, that we can never recede from it. And we do assure you we are not a little sur- prised that you would suffer that prerogative of our's to be disputed. We have sent you herewith an in- struction under our hands and seals, nominating such persons as we think fit to be of the council with you, six whereof, and yourself, and no less number, to be
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a quorum. Upon your receipt of this, we hereby require you to summons the said council, that they may qualify themselves according to law, and imme- diately sit upon the dispatch of business. We also send you the repeal of the acts of Assembly, which we order you to publish immediately upon receipt of this. We do assure Mr. Johnson that we will stand by him in all things that relate to the just execution of his office, and we are confident that he will per- form his duty to us, and support our power and pre- rogatives to the best of his abilities. If the Assem- bly chosen according to your pretended late act is not dissolved, as we formerly ordered, and a new Assembly chosen pursuant to the act formerly con- firmed by the proprictors, you are forthwith com- manded hereby to dissolve that Assembly and to call another according to the above-mentioned act."* There were only three proprietors personally present on this occasion, who, in addition to this haughty epistle, sent out a mandate, [July, 1719,] under hand and scal, for creating a council of twelve,; instead of the customary number of deputies; and refusing to grant a small portion of land for the use of the permanent garrisons on the Savannah and Congaree, gave strict orders that no more land should be granted to any person whatsoever, but that fifteen
* Signed, Carteret, palatine ; Bertie, for Duke of Beaufort; M. Ashley ; J. Colleton ; and J. Dawson. Lord Carteret's name was signed by Mr. Ashley, who acted for him.
They appointed William Ball, Ralph Izard, Nicholas Trott, Charles Hart, Samuel Wragg, Benj. de la Consilliere, Peter St. Julien, Wil- liam Gibbon, Hugh Butler, Francis Yonge, Jacob Satur, and Jonathan Skrine.
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baronies, each of 12,000 acres, should be laid out for their private use in the Yamassee territory nearest to Port Royal. Of the members of council who had joined the Assembly in complaining against Trott, they turned out three, Col. Broughton (the governor's brother-in-law), Alexander Skene, and James Kinloch, and the fourth, who was Mr. Yonge, they said was permitted to remain only through respect to the absent palatine, by whom he had been recommended.
The result of Johnson's deliberations with regard to his future course, was to keep his office, to shelter himself beneath the wing of Trott, and come forth only to do his bidding. The new council were sum- moned, some of whom refused their appointment, The governor declared the laws repealed as directed by the proprietors, and by proclamation dissolved the Assembly, and ordered a new election after the old method. The deputies excluded from council were active among the people, whom now no love, fear, or interest restrained in their opposition to the proprie- tors. Had they not, spurning all appeals, protected a tyrannical judge, and continued him in power over their lives and property ? Had they not refused to part with an acre of their immense uncultivated domains for public or private use, against the ex- pressed design of the charter ? Was it not under their grant that they had lately promised 200 acres to all new settlers, by which inducement several hundred immigrants came from Ireland, who now must starve in Carolina, or beg the means of return- ing to their homes. Thousands of pounds had been expended by the colony to fetch these settlers here ;
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and must their lordships now issue a fiat in effect forbidding the number of inhabitants to be increased and the frontiers strengthened? To foster the power of a few favorites, had they not counteracted the equi- table representation of the people ? Had they helped the colony in its distress, beat back the Spaniards, or quelled at any time an Indian horde; or could they now, masters as they claimed to be, protect the Carolinians in any emergency ? And if after all these provocations we choose to rebel, and throw your vaunted absolutism to the winds, where are your forces to suppress our revolt ? Will King George, our sovereign, to whom we will appeal for protection, furnish you with an army to reduce us to submission ? Such were the feelings and opinions of the people who came to the polls at Charles Town to elect their last Assembly under the proprietary government. "Mr. Rhett and Mr. Trott found themselves mistaken, in fancying they could influence the elections when in town, so as to have such members chosen as they liked ; for it proved quite the contrary ; they could not get so much as a man chosen that they desired. The whole people in general were prejudiced against the lords proprietors to such a degree, that it was grown almost dangerous to say anything in their favor."*
. War had again been declared against Spain, and a project was formed at IIavana for attacking South Carolina and the island of Providence. Gov. John- son, receiving advice of this design, called together his council and such members elect as he could
* F. Yonge's Narrative.
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gather; for the time of meeting of the new Assembly had not arrived. He desired them to consider the necessity for immediately repairing the fortifications. As the recent dissolution and repeals had left the province unprovided with funds, he proposed a volun- tary subscription, subscribing himself £500. The members of Assembly replied, "they thought the income of their duties was sufficient for that service." " But the act raising those duties is repealed by the proprietors." They answered that they "did not and would not look on their repeal as anything ;" and that the receiver had orders to sue any man who refused to pay as that law directed. Whereupon Mr. Trott told them, "if any action was brought into his courts (for so he always called them) on that act, he would give judgment for the defendant." After violent altercations they dispersed, the members preferring to hazard the loss of the country to the Spaniards rather than acknowledge the right of the proprietors to repeal their laws. Johnson did what he could in this defection, and summoning the field-officers of the militia, gave orders to review their regiments and settle a plan of general rendezvous, in case of any sudden attack upon the province. This muster pro- mised to the leaders of the opposition an admirable opportunity to form a complete combination of the people. An association was secretly prepared. Alex- ander Skene, who had been many years secretary for the island of Barbadoes, and was skillful in the ma- nagement of public affairs, was filled with resentment against the proprietors for turning him out of the council, because he had joined in the complaint against
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Mr. Trott. His experience and resolute character fitted him both for planning and consummating a revolution ; and he exerted especial influence in the private meetings of members of the Assembly, held for considering the best method of delivering the pro- vince from the authority of the proprietors. But among many able and resolute patriots no particular leadership was assigned-wisdom, not war, was needed -the commonwealth, the good of every man around them, was the object of their solicitude. Their de- claration and resolutions were framed and mutual pledges given. The muster of the regiments took place according to order; and the people, "almost to a man," signed the resolutions submitted to them : "and so the whole province was at once brought into a confederacy against the lords proprietors, unknown to the governor." The first notice he had of these proceedings was from a joint letter signed by Mr. Skene, Col. Logan, and Major Blakeway, on 28th November :- " Sir : We doubt not but you have heard of the whole province entering into an association to stand by their rights and privileges, and to get rid of the oppression and arbitrary dealings of the lords proprietors. And as we always bore you the greatest deference and respect imaginable, we take this opportunity to let you know that a committee of the people's representatives were last night ap- pointed to wait on you this morning to acquaint you that they are come to a resolution to have no regard to the lords' officers nor their administration; and withal, to beg that your honor would hold the reigns of government for the king, till his majesty's pleasure
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be known. The great value the whole country ex- presses for your honor's person, makes them desirous of having nobody but yourself to govern them ; and as you must be convinced that no person can be more passionately desirous of your government than our- selves, we hope you will not take amiss any advice given by faithful and affectionate friends. And there- fore we take the liberty to tell you freely, that we are of opinion that your honor may take the government upon you, upon the offer of the people for the king; and represent to the proprietors, that rather than the whole country should be in confusion and want a governing power, you held it for their lordships, though you were obliged to comply with the pro- vince, who were unanimously of opinion that they would have no proprietors government. We could wish for a longer and better opportunity to explain this affair to you ; but it is impossible, for the gentle- men will be with you in two hours at the farthest. We heartily wish your honor the utmost success, let it go which way it will; but beg leave to observe, that your compliance will not only be the greatest satisfaction imaginable to the province in general, but in particular to your obedient," &c.
Johnson received this letter at his plantation, and not being deceived by its flattery, hastened to town and summoned such of the council as he could instantly convene, who were Judge Trott, Izard, Hart, De la Consilliere, Bull, Butler, and Satur, and desired their opinion on what was proper to be done. Ile had met on his arrival, Skene and Berrisford, who in- formed him that the committee appointed to wait on
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him had changed their minds, and dispersed to their respective homes ; the council therefore advised him to wait until the Assembly met, and revive the sub- ject by their action.
In the mean time, the members elect held many private meetings in the country." The people hav- ing joined the association, had thereby "promised and agreed to stand by and support whatsoever should be done by their representatives then newly chosen, in disengaging the country from the yoke and burden they labored under from the proprietors, and putting the province under the government of his majesty." Fortified by this consent of their consti- tuents, the Assembly met [Dec. 17th,] according to the tenor of their writs, and the governor sending the usual message that he was ready with his council to receive them, they came in a body, and Mr. Mid- dleton delivered on their part the following address : " May it please your honor : I am ordered by the re- presentatives of the people, here present, to tell you that according to your honor's order we are come to wait upon you. I am further ordered to acquaint
* A private letter of November 14th, 1719, describes the disquiet of the people on the grounds mentioned in the text, and ends, " on Mon- day next there is to be a private meeting of the country gentlemen, for which great speculations are made. And I tell you, sir, if the much greater part of the most substantial people had their choice, thay would not choose King George's government." In December, Col. Rhett, "the intelligent receiver of the revenues, wrote in prophetic language, that upon twenty-five years' experience he had remarked, that the plant- ers of Carolina, who are greatly in debt to the proprietors, had been raising conspiracies ; and if their recent revolt is not cropt in the bud, they will set up for themselves against his majesty."-Chalmers' History of the Revolt, &e., vol. ii. p. 93.
الصين
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you that we own your honor as our governor, you being approved by the king; and as there was once in this province a legal council, representing the pro- prietors as their deputies, which constitution- being now altered, we do not look upon the gentlemen pre- sent to be a legal council. So I am ordered to tell you that the representatives of the people do disown them as such, and will not act with them on any account." This address was delivered in writing at the request of the governor, and signed by Middleton as President, and by twenty-two of the Assembly. Anticipating a dissolution they resolved, probably before presenting this address, that the three laws for electing the public receiver, &c., by the Assembly, for raising duties, and for electing representatives by parishes, " pretended to be repealed, are still in force within this province, and could not be repealed or made void and null, but by the General Assembly of this province, and that all public officers and others are to have due regard to the same accordingly." They also resolved, " That the writs whereby we the representatives here met were elected are ille- gal : first, because they are signed by such a council, as we conceive the proprietors have not a power to appoint. Secondly, for that their council does con- sist of a greater number of members than the pro- prietors themselves are, which we believe is contrary to the design and original intent of their charter, and approaching too near the method taken by his ma- jesty and his predecessors, in his plantations, whom . they ought not to pretend to imitate or follow, his majesty not being confined to any number in his
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council in his plantations, but as he thinks fit him- self; but the proprietors, as subjects, we believe, are bound by a charter. Thirdly, were there no doubt of the legality of the council, yet, according to the proprietors instructions there was not a sufficient number to dissolve the last Assembly, one of the council signing being a foreigner, not naturalized, and consequently not capable of doing any act of gov- ernment in any of the British dominions, and ex- pressly contrary to the lord proprietors' charter, and a high act of presumption in them thus to impose upon his majesty's free people of this province. For the aforesaid reasons-Resolved, That we cannot act as an Assembly, but as a Convention, delegated by the people, to prevent the utter ruin of this govern- ment, if not the loss of the province, until his ma- jesty's pleasure be known-that the lords proprietors have, by such their proceedings, unhinged the frame of government, and forfeited their right to the same -and that an address be prepared, to desire the ho- norable Robert Johnson, Esq., our present governor, to take the government upon him in the king's name, and to continue the administration thereof until his majesty's pleasure be known."
The governor and council were alarmed at these bold and uncompromising resolutions. The treasury was empty; an invasion by the Spaniards expected at any hour; the whole mass of the people associated in revolt. Trott and a majority of council-for Johnson ventured nothing on his own responsibility -advised the gentle means of a temporizing policy. A message was consequently sent to the Assembly,
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desiring their conference with the governor and coun- cil. They replied they would receive no message or paper from the governor in conjunction with those gentlemen he called his "council." Being again sent for in the name of the governor alone, he read to them a carefully written speech, whose mingled persuasion and argument, and latent threatenings, could not have been excelled even by the remarkable abilities of the chief-justice. After recapitulating the subjects he had intended to recommend at this juncture for legislation, he proceeds : " But Mr. Mid- dleton's telling me, in the name of the rest, that you would not act with, and your surprising message since, that you will not receive any thing from me in conjunction with my council, has made it neces- sary for me to take this occasion of talking with that plainness and freedom so extraordinary a proceeding of yours requires. And first I must take notice of your message, wherein you say you own me as gov- ernor, because I am approved of by the king; but that you disown the council to be a legal one, nor will act with them on any account whatsoever, and this is subscribed by all your members. But upon examining I find it to be pretty dark and evasive, and seems as you would avoid expressing in plain terms what I have too much cause to fear is your design, I mean, to renounce all obedience to the lords proprietors; and this I cannot but think you propose from all your words and actions. You say you ac- knowledge me, because I am approved of by the king ; but you take no notice of my commission from the proprietors, which is what makes me governor.
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The confirmation of the king only signifies his ma- jesty's approbation of the person the lords proprie- tors have constituted. But it is my commission and instruction from them that not only grants but limits my power, and contains the rules by which I must act, and are to warrant and vouch my actions. Therefore to avoid declaring in express terms, your renouncing the lords' power, and at the same time doing it in effect, is to create perpetual doubts and disputes, and is not acting with that sincerity and plainness which ought to be used in all public de- bates, and especially in matters of so great concern as this is, and upon which so great consequences de- pend. I do require and demand of you therefore, and expect you will answer me in plain and positive terms, whether you own the authority of the lords proprietors as lords of this province, and having au- thority to administer or authorize others to admin- ister the government thereof; saving the allegiance of them and the people to his most sacred majesty King George ? or, whether you absolutely renounce all obedience to them, and those commissioned and authorized by them ? or, whether you admit their general power, and only dispute that particular branch of their authority in constituting a council after the manner they have now done ? If you deny their general power and authority in this province, and say that their lordships have forfeited their char- ter as Mr. Berrisford asserted, and you all acquiesced in-then I demand of you that you signify wherein the lords have forfeited their charter, and what par- ticular branch thereof they have broken. And I
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demand of you, that supposing (not granting) they have made a forfeiture of their charter, by what power do you presume to renounce their authority, and to model a government out of your own heads, before such time as that, by a court having lawful · jurisdiction of the same, it shall be adjudged that the lords have made a forfeiture of their charter, and that the powers granted them are null and void? If the king is of opinion, that any corporation or society has made a forfeiture of the rights and powers granted by their charter, although his majesty may have the advice of his attorney and solicitor-general, and his judges and counsel learned in the law, that such a forfeiture has been made, and this he may more reasonably depend upon than any advice or assurance you can have; yet notwithstanding this, and his supreme authority as king, he never dispos- sessed the persons of the powers granted them, before a quo warranto or some other process had been brought, and judgment obtained against the same. And if the king doth not assume such a power, by what authority do you assume it?
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