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 With an appendix containing many valuable records hitherto unpublished 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 32
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EARLY HISTORY OF SOUTH CAROLINA.
That afterwards ye Lds. Proprs. did send to their Governor & Counsell here new Instructions, under their hands and Temporary Lawes, undr. their hands & seales, both dated the 10th of May, 1671, and those Instructions did seeme in one article to direct to some fundamentall Constitutions which had not before been scene, & about Feby., 1672-3, the Governor Co"., Joseph West, did pro- pose to the Councell, in the name of the Lords Proprietrs., a booke of new fundamentall Constitutions, under the hands and seales of their Lodsps., and dated the first of March, 1669, to be subscribed unto by all men, as the sacred and unalterable forme & rule of Goverment for ever for this Province of Carolina, and afterwards, in the yeare 1677, the same fundamentall Constitutions were again by the sd. Coll. West, in the Lds. Proprs. names, proposed in Par- liament as before in Councell, but thay were received in neither, because the people had all sworne to the Constitutions before- mentioned, and here we humbly desire ye Honor. to observe yt. in a letter dated the 16th of 7ber. 1671, y'. their Lotsps. are pleased to write, that the fundamentall Constitutions were the termes upon web. people had settled in their Countrey, and that therefore the people had reason to expect they (ye L+s. Prop's. ) should (as they did resolve to do) make them good to them, & at y'. time ye full- damentall Constitutions, dated the first of March, 1669, were not sent hither or knowne to be made, wch. further appeares by another Lettr. from their Lo'sps. to the Governor & Counsill here, dated the 26th of June, 1672, in which their Lordships write yt. therewth. their printed fundamentall Constitutions, which are those dated ye 1st of March, are sent, and that Lettr. with ye said fundamentall Constitutions were received here the Sth day of Feby. followinge, & then ye said fundamentall Constitutions are first declared by their Lops. an authentique Coppey, & in the said Lettr., allsoe subscribed by fower of their Lordships, (wch. had allsoe signed and scaled the fundamentall Constitutions, dated the 21st of July, 1669,) their Lasps. are pleased to condesend to give such reasons for the alterations & additions in ye printed Coppey & difference from the former, yt. it plainely appeares their Lordships disownes ye former fundamentall Constitutions, (to wch. ye people generally had then three yeares been sworne, ) & are pleased to add that their Lotsps. are now resolved ultimately to stick to the printed fundamentalls without any further mutation, but we humbly refer yor. IIont. to ye said letter it selfe, weh. seems to know nothinge of the reasons given in the other Lettr before mentioned, & dated ye 3ª of March, 1686-7. We shall not adde upon this matter further then yt. we are well informed yt. these printed fundamentall Constitutions have beene & are ye establisht rules of Goverment in Albemarle County in this same Province, and there confirmed in Parlmt., & that allsoe in this Goverment the Lords Propriet". did, by severall Temperary Lawes & Instructions & Lettrs., under their hands & seales, (before ye yeare '82,) about twenty-five times,
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direct yt. the Government should be carried on and maintained accordinge to them.
That afterwards, in ye yeare 82, the Lords Prop's. were pleased to send one other new fundamentall Constitutions, under ye hands & seales of six of their Lordships, & dated the 12th day of May, 1681, to be and remaine the sacred and unalterable forme and rule of Goverment of Carrolina for ever, and wth. the same did alsoe send a letter, dated ye 10th day of May, 1682, in which they were pleased to give certaine reasons for not first proposeing ye said fundamentall Constitutions to the people, and farther declar- ing that they did not pretend at any time hereafter to have power to alter any thing in the fundamentall Constitutions, and without the peoples' consent, but at the sametime did more authentiquely by certaine Instructions, under their handes & seales of the same date with said Lettr., (weh. was under their hands onely, ) direct & order yt. noe person should be chosen a Member of the Councill or Parliment, or have the liberty to chuse the Land due unto him before he subscribed submission to ye new forme of Goverment established in this last fundamentall Constitutions, and the people rememberinge their Oathes to the first, and deeminge these not to be agreable to the Royall Charters, which direct the assent and approbation of the people to all Laws and Constitutions, did deney to receive the said fundamentall Constitutions.
That a short time after this (before any newes of denying ye third could be heard of in England,) an other fundamentall Con- stitution under ye hands & seales of fower of the Lords Proprs., & under the grate seale of the Province, and bearinge date the 17th day of August, 1682, were sent to and proposed at the Councill board to be received and subscribed to, weh. fourth for the same reasons ware refused, as formerly the second and third, the Lett's. from the Lords Proprs. dated the 20th of 9her, 1682, & the 13th of 7ber, 1683, did declare noe other reason for the suddaine alteration, but yt. it was done at the request of the Scotts & other Considerable person.
That afterwards ye LA. Proprs. did, in a letter dated the 13th of 7ber, 1683, revoke till further order the power given before to the Governor to confirme and rattifye in Parliment ye said fundamen- tall Constitutions, dated the 17th of May, 1682, & were pleased to give as a reason for their soe doinge, that the Scotts had desired some aditions might be made for the Benefitt of the people, but one of their Lamp". in June following, writt to Sr. Richard Kyrle, Governor, yt. the reason was because the people were perswaded to reject them by sedicious persons, & therefore for stoneinge ye Lords Honr. the people should petition for yt. they were per- swaded to reject, which notwithstandinge wee further in all humility informe yor. Hour.
That the Lords Propre. did soone after send certaine Instruc- tions under their Lordships hands & seales, dated the twelfth day
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of March, 1684, containinge thirty-eight articles, and in the thirty- eight articles thereof did repeale and make voyd all former Instructions and Temporary Lawes whatsoever, and ordered that ye third fundamentall Constitutions should be subscribed, sub- mitted to & putt in practice as unalterable, &c. Whereupon the Comon's., Representatives of the people in the Grand Councill, - did enter one protestation in the Secretaryes office, dated the
of December, 1685, against all the Articles of the said Instructions that did direct ye Government to be according to the said third fundamentall Constitutions, dated the 12th day of January, 1681, (againe imposed) & against all other fundamentall Constitutions whatsoever, except the first to weh. the people had sworne as afores1. That upon the nineteenth of 9ber, 1685, ye Parliment wch. consisted of eight Deputyes to the Lords Prop"., & twenty Comoners (one whereof was absent, ) did meete at Charles Towne, and Landgrave Joseph Morton did, accordinge to the Lords Prop". Instructions, call all the Members to subscribe in a book to maintaine their fundamentall Constitutions (web. by the Instruc- tions beinge declared) to be those of the 12th of January, 1681, twelve of the nineteen did refuse to doe because they had sworne to those dated the 21st July, 1669, and therefore were ordered by the said Governor to avoyde the howse, and the seven Comoners remaininge wth. ye eight Prop's. Deputyes, did (without them) proceed and enact severall Lawes for the Goverment of the Inhabi- tants in this Collony, & the 12 excluded Members did protest against the illegality of their exclusion, & as appeares by their protestation under their hands & seales, dated the 20th day of Ober, 1685, & given into the Governrs. hands in the Parliment howse, the 24th of the same month.
That while Landgrave Colleton was Governor, a Comittee in a Parliment was appoynted to inspect the fundamentall Constitu- tions & propose such alterations as they should thinek fitt; the worke grew volumious suddenly, but in another Parlimt. all yt. was layd aside for some heates ariseinge in the howse, Landgrave Col- leton did, upon the 14th of Feby., 1687, in some passion, produce the above mentioned Letter from the Lords Proprs., & directed to the Governor Deputys Councill and Parliment, and dated the third of March, 1686-7, and commanded the Clarke to read itt, & there- upon it was afterwards recorded in the Archives of the Grand Councill & an anthentique Coppy taken of it, and in two Parli- ments, since the Commoners of the Parliment, as well as ye.Governor and Lords Deputies, have deneyed to act accordinge to the first fundamentall Constitutions disowned by the Lords Proprs. in the said Lettor, and the people haveinge not accordinge to the Royall Charters assented or approved of any fundamentall Constitutions in Parliment, have unanimously declared yt. the Goverment now is to be directed and managed wholy and solely accordinge to the said Charters, and in particular the last Parliment did deny
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that any Bill must necessarily pass the Grand Councill before it be read in Parliment, and did profer for the maintenance of peace and justice, to assent to & approve of any Law for yt. end, to be made according to ye directions and commands in the said Royall Charters [1689?], but the Governor and the Lords Deputies pressinge to proceed as formerly, viz., by havinge all Bills first past the Grand Councill, nothinge was don, and at this time not one statute Law is in force in this Colony.
That as soon as ye st. Parliment was dissolved, some few people, mostly the most ignorant, were wth greate industrey put upon, and perswaded to subscribe a petition to the Governor, for settinge up Martiall Law ; soon as the French in towne ware tould it was onely to cause a guard to be kept in Towne, others ware perswaded by the Governor himselfe to petition him, and ye names of sum people put to the petition wthout. their knowledge or consent, and then, on the 18th day of March last, the Pallatines Court, withoute adviseinge wth. the Commoners of the Grand Councill, published certain Articles of War, still permittinge preposterously the Courts of Common Law to be kept open, against this ye Comoners of the Grand Councill earnestly, with all due reverence, desired to be heard speake, and shew how little necessitye or law there was for such unusuall methods of Goverment in a Country where all people were soe obedient & peaceable, but were denyed absolutely by the Pallatines Court, which caused the Comon's. to draw one protest against the said martiall Law, but least they should put in the sa. protest at the Councill board, the Councill was shifted, and orders given that noe notice should be given them, whereupon they offered to file the said protest in the Secretaryes Office, but the Secretary would not receive it. Hereupon the whole Cuntrey immediately was exceedingly disturbed ; those few that had signed the Petition cryed out they were betrayed, many prepared to leave the Cunitrey, but most people were soe weary of the discontents that attended their thoughts upon this illegal, tirannical and oppressive way of Goverment, that they were more concerned to be provided against their friends & fellow Subjects here then the publick Enemy abroad, and the ferment grew soe high that nothinge but despera- tion was generally observed among the people, the miserable con- sequence of which was blessedly evaded by yor. Hon's. arrivall ; but to abate these discontents an imprudent and dishonorable dis- corse was spread abroad, that the Martiall Law was put up the better to come up with. som persons that had disoblidged the Pallatines Court, and as such Illegall and arbitrary proceedings are eomonly maintained by falshoods, & the meanest and basest meanes, the late Governor & Deputies did, in all their private dis- courses, affirme that there was noe other way left but to governe by Martiall Law, because the Commons of the late Parliment had absolutely denyed to make Laws for the Goverment of the Millitia, and to provide for the defence of the Countrey, whereas the said
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Comons did then and 13 of them have since sworne, that they, the whole Commons, did propose to pass an Act for the Establishment of the Militia, and further as in the Coppey of the said Oath herewta. sent is fully declared ; but these low falsities beinge soon discovered, the Articles of War ware for somethinge not severely put in practice, but in this case, as in all other publick actions, an . endeavour was made, upon pretence of this Law, to stopp all persons from going abroad to trade with the Indians, while the late Governor was providinge to send himselfe, and did, allsoc, after a little time, goe in his owne person out of the Settlement, and comanded agen, as formerly, noc Yamassee Indian to goe and assist any man in trading but himselfe, and then seut people to trade, &c. But we shall not further observe upon this tirannicall Martiall Law, but leave it in the grave yor. Honr. hath throwne it into, rendringe our most humble thanckes to you for yor. Justice thercin.
That ye methods which those principally entrusted by the Lords Proprs. have, for many yeares, used for the imposition of the scaver- all fundamentall Constitutions afore mentioned, have caused much uneasiness and trouble to the good Inhabitants of this Countrey in generall and many persons in particular, have felt upon the least surmised occasion the indignation, rather then ye justice, of those that governe here, and many thousands of people have been detered from cominge hither to the disconsolation of those that are here, & ye disprofitt of the Lords Proprs. and many alsoe left the Cun- trey, being not willinge to live constantly after soe uncertaine and unquictt a rate.
That there is frequent mention of Indian Deallers in the Lords Proprs. letters to the Govermt. here, wth. severe reflections upon them ; but both before and since those Lettrs. great endeavors have bin used to monopolize the whole Indian Trade, but wee forbare to mention here the whole matter because we cannot doc it wtout reflection upon som of the Lords Proprs., and soe wee onely in- stance that the late Governor Landgrave Colleton (who is believed, upon rationall grounds, to have a partner in England) did wth. . ye Ga. Councell make an order that, to prevent quarrels and blud- shed, noe persons should goe in to ye inlands to trade with the Indians, and some persons were troubled for their disobedience, but the said late Governor sent out Englishmen and Indians, con- trary to the said Order, and, under a frivolus pretence, did co- mand and enjoyne the Yamassess Indians, The onely people fitt to assist the English, in a way of trade to the Inlands, not to goe wth. any person wtsoever wwhout his order, and, though wee have never wanted courage to regulate, by Lawes, the Indian Trade, so as that the Colony should not be in any danger from thence ; yett wee have been alwayes interrupted and obstructed by such private doings as these. That we have often received Lettrs. from the Spanish Governor at St. Augusteene web. wee use to answer wth.
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courage and wee hope wth. prudence ; but the Spaniards did in- vade us in the yeare 1686, destroying severall Plantations and mutch stock, and most barberously burned alive one of our people, and caryed others away into captivity, and ye whole Country did resolve, by fresh pursuite, to be revenged upon them ; but the late Governor arriveinge here forbid it at that time, and afterwards, when a new Governor, at St. Augustine, did send a Fryar and a Lieut. to treate wth. the Govermt. here about all differences, &c., the Governor here (Landgrave Colleton) did not advise wth. the Commonrs. of the Councill about the matter, (unless once when he desired the Spanish Messenger should, by their consent, be maintained out of the publick Treasury,) but did, contrary to the Honnor of the English Nation, pass by all the bloody insolencys the Spaniards had committed against this Colloney, and did, with others, enter into a Contract of Trade wth. the Freyar and sent goods with him ; wee are of oppinion wee ought not to be angry at a trade with the Spaniards, but as Englishmen, who wanted not corage to doe themselves Honorable satisfaction, we could not but admire yt. soe execrable a barbarity committed upon the person of an Englishman ; & the great desolation yt. was made in the South part of this Settlemt. should be buryed in silence for the hopes of a little filthy luere, weh., however, was missed of, because ye Fryar never sent the retournes promised, but the Spanish Governor, in money, sent what he thought was the prime cost, but would never send back the Negroes yt have run away from hence theither send- inge onely complementinge and faire promiseing Letters, while the Negroes are actually imployed in buildinge a Fort on this side St. Angustine, and demandinge the Christian Spanish Indians, the Scotts, formerly settled at Port Royall, did cause to be brought to them, & which (most of them) were sent off to other Countreys and sould as Slaves, and about which action the Governor & Councill here writt, at large, to all the Lords Proprs. in a letter sent in the yerre 1686 to one of their Lordships by Capt. Ralph Crow, but of weh. wee have never heard since nor can understand that all the Lords have seene it.
That the Deputies and other Magistrates and Officers, Civill and Military, have been every day put out and others put in, without any respect to their qualityes, parts, honesty or other abilityes, and the Comoners of the Grand Councill turned out, under pretence of misdemeanour, for any unwary action or word committed or said out of Couneill or over a bottle of wine in a taverne; and this hath been and may still be done with case, for there is but eight Comoners when all the places are full (which seldome happens of late yeares) and if one of the Deputies charge one of them wth. any action or word, misdone or said, the person accused must stand by, and then there is eight Deputies to vote against seaven Com- oners, wrh , not onely in this case but in all others, make the Grand Councill weh. is alsoe all Courts of Justice, except the County 36*
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Conrt, and receive, allsoe, appealls from yt, be wholy in all its Judgments, Acts, Orders and Ordinances as the Governor and Deputyes please, and they not onely have a negative but an affir- mative upon all occasions, and to justifye all this doe record ye matters as they please and have entred men present when absent, &c., as we are ready to prove.
That severall Gentlemen, wholely unknowne to the Lords in generall, have been turned out of all places of Honr. or profitt and forbid to be admitted to any by Lett's. from the Lords Propriet's., and the said Gentlemen never soe mutch as spake to or called to answer for any misdemeanor they had committed contrary to all justice and equity, and when some fault hath accidentally, and not to themselves been imputed, as perhaps sending off of Indians, Slaves, &c., the persons accused have been ready to clear themselves, and to deelare and prove other reasons for such their usage, and in particular yt. ye crimes they were charged with were in the badest sense imputable to those that informed against then.
That a Commission was sent to examine some Witnesses about some Gentlemen dealeing with, and this Commission was directed to those yt. were generally most guilty, & the Comiss"s. being lost the Comissionars signed and sealed an other new Comission for themselves to examine the matter, & then did proceede to examine Witnesses after such a partiall manner as never was heard of, in particular askinge the Witnesses whether they did not meane soe & soe, contrary to the words of the Witnesses, and another said to an ignorant man, a Witness, Come friend, tell me in short ye heads, and we will have it put into forme, &c., and at last the Gentlemen were cleared, & considering the dealeing some of these Comissioners had then had (as well as since, ) wth. those Piratts it was easily conjectured that these Gentlemen were intended to be exposed upon the accoumpt of particular dissatisfaction concern- inge other matters taken against them by particular persons, but since we have said the Lords Proprs. did send the said Comission & lett's., we doe here with all sincerity declare that we utterly abhor & detest the thoughts of imputinge the least fault unto their Losp *. in generall, in this or in any other case, beinge well assured yt. their Ldsps. have not leisure to mind the minute transactions and afairs yt. arise from hence, and yt. in particular we are well informed yt. their, Lordships doe not know the names or persons of people here, (generally speaking,) till they heard of them from those of their owne honorhe. number weh. keepe correspondence wth. some here, & wee hope to be the rather believed in this when wee have further informed yor. Honr. and their Lordsps.
That most of the Gentlemen of this Countrey are soe unhappy as not to know the Lords Propre., or to have Correspondence wth. any except one or two of them, and thay are discouraged from writeinge to those too, because thay have not agreed in opinion
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tth. them concerninge fundamentall Constitueions, Indentures for land and in matters of orderinge the Indian Trade, but when thay have writt freely their minds they have been chekt, & some dealt hardly with therefore. And the Lettrs. sent to the Lords Propys. from the Councill, sealed and signed by the Common's., have not been beleived, and others not delivered but misreprented by con- strution made according to the Lettor of those four or five persons here who must, & we had almost said, dare not write but as shall plese those who direct them, for though most of y". be Lords Deputyes, yett they are put in by the Governor here and there persons & dangerous insufficiencies wholely unknowne to the Loards who they represent, And this it is that these men which most of them here are knowne to be extremely perverse or ignorant men, are the only informers of matters here, which, how- ever, would not bee of soe bad a consequence, if other persons could have the opportunity to speake for themselves, or when they have found other judges, then those who have informed against them and are thereby become Partyes. That the Les. Proprs. forbiddinge Pattents to be passed as at first for Lands, and en- joyneing all persons yt. will have lands to take them by Indentures in weh. the words or the vallew thereof are left out and a reservation expressed of re-entry, whereas in the Pattents and in all the funda- mentall Constitutions it was expressed a penny an acre or the vallew thereof, wthout any mention of re-entry, hath been the occasion yt. many hundreds of people have deserted this Colony, and that many thousands have forbore comeing hither. The Lords Prop's. have been pleased in their first Concessions, Agrarian Lawes & fundamentall Constitutions to publish to the World that men here should have Lands by Pattents for a penny an acre or the vallew thereof, & people upon that Encoragement came hither not doubtinge but yt. thousands would soon follow them, but they are to theire great misfortune deceived, and unless the Lords Proprs. will be pleased to convey their Land by some casyer way, are like to be left alone here, and in particular many people did not at first take up all their lands due to them because of the poverty & other incumbranees that did attend ye new Settlement and those think themselves extremely hardly dealt withall, that they cannot have Pattents as those had that came here at the same time wth. them. We doe not presume to perscribe methods to the Lords Propre. of disposeing their owne lands, but we humbly pro- pose it as rationall, yt. men yt. cannott gett money in this Coun- trey where there is noe mint may pay their rents in the most valuable and marchantable produce of theire Lands, it was soe in England till tenents by the enerease of a forraigne trade found it best for themselves and Land Lords to pay in money, it is now soc in most of the East Countryes, and particularly in most part of Scotland, where ye great mens Estates in their publick Acts of Parliment are vallewed by the number of Chaldrons of Corne
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thay receive for rent. We shall not adde upon this matter, but yt. we, in behalfe of the whole Countrey, most humbly and heartily begg and besecch the Lords Proprs. out of their favorable benefi- cence to be pleased to grant yt. whatever ye conveyance be yt. ye Lands shall therein be granted for a penny an acre or the vallew thercof, without any expressed reservation of re-entry, & ye people - will allwayes, in parliment or otherwise, be ready to adjust the price of Comodityes, so as yt. ye Lords Prop's. shall be gainers, and then we doubt not but in a very few years to sce such multitudes of tennants here as yt. their Lordships shall quickly be re-imbursed their great charge, and this we are the most confident of because we are encoraged wth. severall new rich Comodityes as Silek, Cotton, Rice & Indigo, weh. are naturally produced herc.
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