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 With an appendix containing many valuable records hitherto unpublished 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 23
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hear all parties, and therefore refer the thing wholly to you The entrance into Chowan river is difficult, and water but for small vessels. But we understand that there is an entrance, bold and deep water in the latitude of 34, which is near the rivers called the Neus and Pemlico, which we conceive may be best discovered from your parts. In order to which we desire you to procure at freight or otherwise, some small vessel, that draws little water, to make that discovery and some others into the Sound, through which great ships may, peradventure, come to Chowan, and give us admittance into the other brave rivers that lie in the Sound ; and, whilst they are abroad they may look into Charles river, a very little to the southward of Cape Fear, and give us an account of what is there. This work we hold necessary to be done, that the king may see we sleep not with his grant, but are promoting his service, and his subjects, profit. By Captain Whittey's rela- tion, you may easily pass by land and river from your government to Chowan river, and ride but twenty-five miles by land, which makes us presume earnestly to entreat you to make a journey thither, whereby you may, upon your own knowledge, give us your opinion of it, and direct such discoveries to be made by that river as you shall see fit.
We remain, &c."
THE PROPRIETORS TO THE GOVERNOR AND COUNCIL AT ASHLEY RIVER.
" Whitehall, 8 May, 1674.
" Gentlemen :
" We have herewith sent a patent to Mr. West to be landgrave, and a commission to be governor, who has all along, by his care, fidelity, and prudence, in the management of our affairs to our general satisfaction, recommended himself to us as the fittest man there for this trust. This we cannot forbear plainly to say, though we have a great regard to Sir John Yeamans, as a considerable man that hath come and settled amongst ns. When Mr. West had formerly the management of affairs, things were then put into such a posture (as appears by the act of parliament made at the latter end of his government, which we herewith send yon con- firmed). Then we had some encouragement to send supplies to men who took into consideration how we might be reimbursed as well as they could, which was all we expected : But immediately with Sir John Yeamans' assuming the government the face of things altered. The first news was of several proposals for the increasing of our charge ; the same bath ever since continued on, and in our very last dispatches a scheme sent to us of ways of supplying you, which would presently require the disbursement of several thousand pounds ; and all this without the least mention
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of any thought how we might be repaid either our past debts, which already amount to several thousand pounds, or be better answered for the future : But, instead thereof, complaints made and reproaches insinuated, as if we had dealt ill or unjustly by you, because we would not continue to feed and clothe you without expectation or demand of any return. This, we must let - you know, put a stop to your supplies more than the Dutch war : For we thought it time to give over a charge which was like to have no end, and the country was not worth the having at that rate : For it must be a bad soil that will not maintain industrious people, or we must be very silly that would maintain the idle. But we have no suspicion at all of the barrenness or any bad qualities of the country, which some of us are so well assured of, that at their own private charge they are going to settle a planta- tion at Edisto, without expecting a farthing assistance from us. That Sir John Ycamans's management has brought things to this pass, we are well satisfied, which yet we cannot charge upon his mistake ; the character we have received of him, and his long acquaintance with Barbadoes and the world, give us other thoughts of him ; and perhaps it would very well have served his purpose if we had supplied you, and he had reaped the profits of your labour at his own rates, and our own plantation been so ordered, that in reputation, people and improvement, it might arrive at no other pitch than to be subservient, in provisions and timber, to the interest of Barbadoes. Considering at what rates Sir John bought your poor planters provisions in their necessity, and how industrious and useful to you the generality of the people that came from Barbadoes have been, and then tell us whether we have not reason to be of this mind : For we would not have those that went from hence (whom we are still willing to encourage) be any longer misled ; and the people that have come to you from New York and the northward, have, by their planting and way of living amongst you, fully satisfied us that they are friends to, and do in earnest mean and desire the settlement and prosperity of our province. Being therefore willing to give all reasonable encouragement to honest and industrious men, we have sent another supply for clothes and tools, and have entered into an engagement one to another to send one yearly to you, whereby our stores shall never want necessaries for the use of the indus- trious planter, to be had at moderate rates by those that will pay for them : Yet we do not intend any more carelessly to throw away our stock and charges upon the idle : For, though we, the lords proprietors, have tied one another by covenant, that none shall be behind other in the charge of carrying on this plantation, yet we are all agreed not to make any more desperate debts amongst you, though we intend to be at the charge of procuring vines, olives, or any other useful plants or commodities fit for your climate out of any part of the world, and men skilled in the
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management of them. And therefore, if you intend to have sup- plies for the future, you will do well to consider how you are to pay us, in what commodities you can best do it, and how the trade of those commodities you can produce may be so managed as to turn to account : For, in our trade with you, we aim not at the profit of merchants, but the encouragement of landlords. In your letter you have been frequent in the mention of a stock of cattle ; but, not having paid us for tools and clothes, how do you think that we should be at so far a greater charge in cattle ? You say it will enable you to pay your debts ; but do you not think, if we bring cattle thither, we, who do not want ground, can keep them, and make the profit of our charge, and venture as well as others, especially it being our design to have planters there and not graziers ! For if our inclinations were to stock Carolina at that rate, we could do better by bailiffs and servants of our own, who would be more observant of our orders than you have been ; plant in towns where we directed ; take up no more land than what they had use for; nor by a scattered settlement, and large tracts of land taken up, not like to be planted these many years, exclude others from coming near them ; and yet complain for want of neighbors. We rest your very affectionate friends,
" CRAVEN, SHAFTESBURY, G. CARTERET."
Some interesting manuscripts intended for insertion in this appendix, are omitted on account of their length. Among them is a copy of the Fundamental Constitutions bearing date 21st July, 1669. The original in the Charleston Library is said to be (but, I think, without good reason, ) in the handwriting of Mr. Locke. I consider it, however, a transcript of the Constitutions sent out with Governor Sayle. Among other distinctions it is without the clause relating to the introduction of worship accord- ing to the Church of England. This is the true "First Set." That in the Statutes at Large, in Locke's Works, and in Carroll's Hist. Collections is the Second Set, and bears date March Ist, 1669-70. Judge Trott in the Introduction to his Laws, has made the same mistake ; the first set having been repudiated by the Proprictors, and those of March, 1670, published and pro- mulgated in their stead. To those readers who would refer to the Hist. Collections to examine these constitutions, I would say, that by some accident an important sentence is omitted in § LIII., showing who might dispose of the publie money.
In an old Book of Wills in the Ordinary's Office, Charleston, labelled 1692-1699, there is an odd leaf of some other volume bound with the wills and numbered page 77. This leaf contains the original signatures to the following : " We whose names are hercunto subscribed, doc promise to beare faith and truc allegiance to our soveraigne Lord, King James the Second, his heires and
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successors, and fidelitie and submission to the Lords Proprietors and the forme of government by them established by their Funda- mentall Constitutions. 1685, Oct. 6. Joseph Morton, John Godfrey, Robert Quarry, Paul Grimball, Ste. Bull, John Stan, Will. Dunlop. Nov. 19. Joseph Morton. Oct. 6. Barnard Schenking, Humphrey Primatt, Richard Conant, Richard Baker, Jos. Oldys, William Popell, Dugue, Bacon, [or Bacot, ] Ant. Sompoituint, D. Trezevant, P. Dutartre, Rene Razcau, Jno. Alexander, Jo. Hamilton. Oct. 12. James Gilbertson. Oct. 13. Phin. Roger, J. Fleur. Oct. 31. Adam Caslio, Royer, Gyles Russell, Joseph Blake, William Bower, William Yeler. Nov. 16. Peter M. Moulin. 1686, May 6. Wm. Brocktur.
Although there is sufficient space for other signatures, yet it proves the preference of some of the people for the first set of Constitutions, even at this late date, to find the following : Oct. 15, 1686. " I doc hereby promise to bare faith and true alliegiance to or. soveraighn Lord, King James ye Second, and fidellity to yo Lordes Proprietors of Carolina, according to ye fundamentall Constitutions dated ye XXIst. July, 1669." And. Percivall. Jan. 20, 1688. John Francis De Gignilliat, George Pawley. Feb. 14. Daniel Carly. April, 1689. D. Hooglunt. (See also Letter to Sothell, 1691.)
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 1.
A Declaration & Proposealls to all y will plant in Carrolina. 25 Aug., 1663.
His Matie. haveing been graciously pleased by his Charter bare- ing date ye 24th of March in ye 15th yeare of his reigne, out of a Pious & good Intention for ye propogacon of ye Christian faith amongst ye Barbarous & Ignorant Indians, ye Inlargem' of his Empire & Dominions, & inriching of his Subjects : To Graunte & confirme unto us, Edward Earl of Clarending, High Chancell". of England, George Duke of Albemarle, Master of his Maties. Horse & Capt. Gen". of all his Forces ; Wm. Lord Craven, John Lord Berkeley, Antho. Lord Ashley, Chanc". of his Maties. Ex- chequr., St. George Carteret, Kt. & Bart., Vice-Chamberline of his Mates. Household, Wm. Berkeley, K. & Sr. Jolin Colleton, K. & Bart. All yt. terrytory or tract of Ground wth. ye Islandes & Isletts sittuate, lyeinge & being in his Dominions in America, extending from ye north end of the Island called Lucke Island, wych. lyeth in ye Southerne Verginia Sea, & wth in 36 degrees of ye Northine Lattitude & to the west as farr as ye South Seas, and soe southerly as farr as ye river St. Mathias wch. bordereth upon ye Coast of Florida & wth. in degrees of ye Northine Lattitude in pursewance of weh. Grannte, & wth. a cleare & good intention to
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make those parts usefull & advantagious to his Matie. & his people. Wee doe hereby declare & propose to all his Maties. loveing Subjects wheresoever abideing or resideing, and doe hereby ingaige inviolably to performe & make good these ensue- ing proposealls in such man. as ye first Und!tak's. of ye first Setlemt. shall resonably desire.
1. If ye first Collony will setle on Charles River neare Cape Feare wch. seemes to be desired it shalbe free for them soe to doe on ye Larboard side entring. If in any other parte of ye Terry- tory, then to choose cithr. side, if by a rivr., we reserveing to o rselves 20,000 acres of Land, to be bounded & leyed out by or. Agents in each Setlemt. in such places as they shall see fitt, & in such mant. as ye Collony shall not be thereby incomoaded or weakned web. we intend by or. Agents or Assignes in dew time to setle & plant, they submitting to ye Goverment of that Collony.
2. That ye first Collony may have powr. when desired at there owne charge to fortifie ye entrance of ye rivr., as alsoe ye sea coast & Islands, they ingageing to be trew & faithfull to his Matie., his heires & Successors by some oath or Ingaigemt. of their owne frameing.
3. That ye Undertakers of yt. Settlem. doe before they or any of them repaire theither to setle present to us 13 persons of those y intend to goe, of weh. numbr. we shall comissionate one to be Govr. for 3 yeares from ye date of his Commission, and 6 more of ye 13 to be of his Councell, ye Maior. parte of weh. numbr. ye Govern'. or his Deputy to be one to governe for ye time aforesd. & will alsoe nominate Successors. to ye govern", whoe shalbe of ye 6 Councellors aforest. to succeed in ye Govermt. in case of deth or removeall, & likewayse Councello" out of ye remayneing 6 of ye 13 to succeed in case of death or removeall of any of ye Councellrs. & aftr. ye expiracon of ye first three yeares & soc successively for every 3 yeares. Upon or before ye 25th day of March, before ye expiracon of ye time of ye Governor in being a new presentmt. by ye freehold's of ye Collony, or by such persons as they shall consti- tute to be made of ye 13 persons, 4 of wch. shall consist of those yt. shalbe in ye Govermt. at ye time of ye Election of ye 13 out of web. we will upon or before ye 10th day of Aprill following, declare & Comissionate a Governr. & 6 Councelles., wtb. there respective .Success's., in case & manor as aforest.
4. Wee shall as farr as or. Charter permitts us, impower ye Maior. parte of ye freehold's., or there Deputyes or Assemblymen, to be by them choasen out of themselves, viz. : Two out of every tribe, devision or parish, in such manor as shall be agreed on to make there owne lawes by & wth ye advice & consent of y" Govern' & Councell, soe as they be not repugnant to ye lawes of . England, but as neare as may be agreing with them in all Civill affaires wth submission to a Superintendancy of a Gen". Conneill, to be choasen out of every Govert. of ye Province, in man' as shal-
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be agreed on for ye Comon defence of ye whole, weh. lawes shall, wthin one yeare aft. publication be presented to us to receave or. Rattification, & to be in force untill sª. Rattification be denyed, & by us certyfied, but if once rattifyed, to continew until repealed by ye same power or by time expired.
5. We will Grante, in as ample man. as ye Und takers shall desire, freedomes & libertye of contienee in all religious or spirituall things, & to be kept inviolably wth. them, we haveing power in or. Charter soe to doc.
6. Wee will Grante ye full benefitt of these Imunityes to ye Und'takers & Setlers weh. by ye Charter is grauted to us (for or. services to his Matie.,) in relation to freedome, of customes, of tooles, of all sorts usefull there to be exported from England for ye planters use, & of certine Groathes of ye Plantacons, as Wine, Oyle, reasons of all sorts, Ollives, Capers, Wax, Currants, Almondes & Silkes to be imported into any of his Maties. Do- minions for 7 years for each commodity, aftr 4 touns of every respec- tive spetie is imported as aforest. in one Bottome.
7. Wee will Grante to every present Undrtaker for his owne head, 100 acres of land, to him and his heires forever, to be held in free and comon Soccage, & for every man Sarvt. yt. he shall bringe or send thithr. yt. is fitt to bare Armes, armed wth. a good fierlocke Musket, performed boare, 12 bullets to ye pound, & wth. 20 lb. of powder & 20 lb. of Bullets, 50 acres of land, & for every woman Sarvt. 30 Acres, & to every man Sarvt. yt. shall come wohin yt. time, 10 Acres aftr. ye expiracon of his time, & to every woman Sarv. 6 Acres aftr. ye expiracon of her time. Note yt. we intend not heareby to be obliged to give ye proportions of lands above mentioned to Mast"s. & Saryts. longr. then in ye first five yeares to comience at ye begining of ye first Setlemt.
8. We will injoyne ye Governor & Councill to take care yt. there be alwayse one man armed & provided as aforest. in ye Col- lony for every 50 Acres weh. we shall Grante, & yt. there be & Supply to make up ye numbr. in case of deth or quitting ye Collony by ye owners of s". lands wthin 12 moneths aftr. notice given of ye defect.
In consideration of ye premises we doe expect by way of acknowledgemt. & towardes ye charge we have beene & shal be at one } penny for every acre yt. shal be graunted as aforesd. wohin yo time before limitted & exprest, & yt. ye Court houses & howses for publicke meetings be erected by ye publicke monyes of y" Collony on ye landes taken up by us, but to be & continew to yo Countryes use forever, they paying some small acknowledgemt.
Given undr. or. handes this twenty-fifth day of August, Anno Du., 1663.
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S. P. O. NORTH CAROLINA, B. T., VOL. 2, p. 19.
Instructions to Sir John Yeamans, Governor of Clarendon County.
Edward, Earle of Clarendon, Lord High Chancellr. of England, George, Duke of Albemarle, &c. The trew and absolute Lordes Propryato's. of all ye Province of Carolina.
To our trusty and wel beloved Sr. Jno. Yeamans, Bart., Governor of our County of Clarendon, neare Cape Faire, and of all yt. tract of ground wch. lyeth Southerly as farr as ye river St. Mathias wch. bordereth upon ye Cost of Florida, wth. 31 degrees Northerne Lattitude, and soe west as farr as ye South Seas, as alsoe of all Islandes and Islets, Rivers and Seas wthin ye sd Boundes, & or. sd. Province of Carolina. And to or. trusty & welbeloved, our Councell's., and Assistance to our sd. Governr., Greeting : Be it knowne unto all men, yt. we ye sd. Lordes and absolute Proprya- tors of ye sd. County & tract of ground wthin ye province afores1. for divers good causes & consideracons, but more espetially out of ye trust & confidence reposed by us in y". our sª. Governr. & Councillrs. for ye faithfull managemt. of ye powers & authorityes by us to you given to ye best avayle & improvemt. of our Interest & Dominion in ye sª. County of Clarendon, & all ye tract of ground aforest. wthin our sd. Province, & for ye best avayle and improvemt. of ye interest, Liberty, Propryetey & Defence of all such as shall plant & inhabit there, Have given, graunted, & by these presentes doe give & grannte (during our pleasure,) Unto yo" or. s". Govern'., by & wth. the advice & consent of our Coun- cell or any 3 or more of the 6 or 4, or more of a greater number, full and absolute power and authority for us & in our name to lett, sett, convey & assure, such landes in or. sª. County & tract of ground aforest., to such person & persons, & for such estate & estates, & wth. such provisoes, Condiccons & Limitacons, as we by or. Concessions & agreemt. undr. our grate seale, bearing date wth. thes presentes, to & wth. ye adventurers of ye Island of Bar- bados, & there Assotiates of England, New England, ye Caribbia Islandes & Barmothos, are obliged to graunt, & as you. shalbe directed by such othr. Instruccons & Rules as from time to time you shall receave from us, & not otherwayse. Hereby rattifying & confirmeing w'soever yo" shall lawfully doe pursuant to ye Con- cessions & Agreemt., & to such Instruccons, Rules & Direccons as aforest., as also to make, doe, performe & execute all & sin- guler act & actes, thing & things, powers & authorityes wtsoever wch. we o'selves may, cann, might or could doe, in, for, concerneing or relateing unto ye Goverm'., both Civill & Millitary, of ye s4. County & tract of ground aforesd. by virtue of y Letters Pattentes of his most excellent Majesty, Charles ye Second, by y" Grace of
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God, Kinge of England, Scotland, France & Ireland, Defendor of ye faith, beareing date at Westminster ye twenty-fourth of March, in ye 15th yeare of his Reigne, to be exercised neavertheless, according to such Instruccons & w'h. such Limitacons, restriccons, Condicons & provisoes as in these presentes are hereaftr. conteyned, hereby rattifying, confirmeing & allowing all & every such act & acts, thing & things wch. or. s'. Govern". & or. s'. Councell"s. in or. names shall doc in ye premises pursuant to ye authority hereby comited, Provided, & it is hereby declared yt. this present deede or anything therein contayned, doth not extend, nor shall it be deemed or taken to extend, to give up to or. s1. Gorr. or or. sd. Councells., or cithr. or any of them any power or authority to make any maner of graunt, Conveyance, Demurs. or othr. like dis- position of any landes lyeing wthin, or being parte of ye sd. County & tract of ground aforest., but according to our Concessions & Instruccons, & reserveing for every acre English measure, wch. by virtue of this authority yo" shall grant to any person or persons one-halfe penny of lawfull mony of England, yearely rent to be paid to us, or. heires or assignes, on every twenty-fifth day of March, ac- cording to ye English accompt, ye first paymt. whereof to begin on ye 25th of March, weh. shalbe (according to ye English acct., ) in ye yeare of or. Lord God, 1670. Provided alsoe, yt. noe ord .. or Lawes made or to be made by virtue of this or. authority, shalbe in force as Lawes for any longer. tearme, then one yeare and a-halfe wthin one yeare of weh. time they shalbe transmitted & presented to us for or. assent, weh. being given, they shalbe in continewall force till expired by there owne Lymitacon or by act repealed to be confirmed as aforesd. Provided alsoe, yt. ye executive parte of all ye sd. powers hereby given shalbe made & exercised by yo" or. s1. Govr. by & wth. the advice and consent of ye Maior parte of our Councell. And if it shall happen yt, or. s". Govr., or any of or. s4. Councell shall departe or be absent at any time from our s1. County & tract of ground aforesd., unless othr. provision be by us made, yt. then it shall & may be lawfull to & for or. sd. Governt. & Councell, or ye maior parte of them resident in or. st. County & tract of ground aforest. to nominate, elect & appoint any such able person & persons as in there discretion to them shall seeme most fitt to serve in and supply ye places of such of ye sd. persons respectively during there absence from our sd. County & tract of ground aforesd. Giveing and Granting unto him or them soc chosen during ye absence of or. sd. Govr. or Councell's. as full, large, & ample powers as we by these presentes to or. sª. Governor or Councell's. have given anything in this present Comission in any wise to ye contrary notwithstanding. And alsoc in case of death of any Governor, or death or removeall of any of or. sd. Councell, from time to time to nominate & elect fitt & able persons in there steads or places respectively, weh. persons soe nominated & choasen, shall exercise all powers to there sª. offices respectively belonging, till or. pleasure be signified to ye Contrary.
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S. P. O., Nº. CAROLINA, B. T., VOL. 2, p. 41.
Governor Sayle's Commission.
26 July, 1669.
Geo., Duke of Albemarle, Capt -. Gen". of all his Maties forces, Edward, Earle of Clarendon, Wm., Earle of Craven, John, LA. Berkley, Anthony, Ld. Ashley, Chancellr. of ye Exchequer, Sir Geo. Carteret, Barront., Vice Chamberlaine of his Maties. House- hould, Sr. Peter Colleton, Barronett, & Sr. Wil. Berkeley, Knt.
To our trusty & Welbeloved Will. Sayle, Esq., Govern' of all that Territory, or parte of or. Province of Carolina that lyes to ye Southward & Westward of Cape Carteret, & to our trusty & Wel- beloved or. Councell's. & Assistants to our said Governor, Greeting.
Bee it knowne unto all men that Wee ye Las. & absolute Pro- prieto's of ye Province aforest., for divers good causes & consider- acons, but more especially out of ye trust & confidence reposed in yo", or. sd. Governor & Councellors, for ye faithfull managemt of ye power & authority by us to you given to ye best availe & im- provemt. of or. Interest & Dominion in ye Terretory afores4., have given, granted, & by theise presents doe give & grant dureing or. pleasure unto yo", or. sª. Governor, by & wth. ye consent of or. Councell, or any sixe of ye tenn, Whereof three at least are to be of those appointed by us as or. Deputys, full & absolute power & authority for us, & in or. names, to lett, sell, convey & assure such Lands in or. s4. County, to such person & persons, & for such Estate & Estates, And wth. such Provizos, Condicons & Limita- cons as we by o' Instruccons and Concessions, hercunto annexed, have directed, & as you shall be directed by such other Instruc- cons & rules as from time to time yo" shall receive from us, & not otherwise, hereby rattifying & confirming whatever you shall doe pursuant to y" s4. Instruccons & Concessions, & to such Instruc- cons, Rules & Direccons, as aforesd., as alsoe to make, doe per- forme and execute all & singuler act & acts, thing & things, powers & authoritys whatsoever, wch. Wce o'selves may, cann, might or could doe in, for, conserning or relateing to ye Gover- ment, both Civill and Millitary, of ye sd. Terretory, by vertue of ye Lettre. Pattents of his most Excellent Matie., Charles ye Second, King of England, Scotland & Ireland, Defendr. of ye faith, bearing date at Westminster, ye 20th day of June, in ye 17" yeare of his raigne, to be exercised nevertheless according to such Instruccons, & wth. such Limittations, Restriecons, Condicons & Provisoes as are herennto annexed, & in these presents are hereafter contained. Hereby rattifying & confirming & allowing all & every such act & acts, thing & things, weh. or. s4. Govern'. & or. sª. Councellors in or. names shall doe in ye premises, pursuant to ye authority
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