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 With an appendix containing many valuable records hitherto unpublished 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 33
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That we cannot, but wth. abhorrence & detestacion thinke of the base & vile usage yor. Hon'. received after yor. arrivall here from ye Lords Deputies and the late Governor, and as a marke of our duty be pleased to admitt of our sence of the matter as followeth :
Wec thincke them to have been extreme rude and unmannerly in not wayteinge upon yor. Honor at any time after yor. comeinge ashore, while all the Gentlemen and considerable persons in the Countrey did, as soone as they heard of yor. arrivall, imediately attend yor. Honor, & paid their respects to yor. person, and made their due acknowledgments of those illustrious qualityes yt. attend it. Wee thinke alsoe yt. their actions and words towards yor. Hon'. in the first meetinge you had win. them, wch. was att a Pallatine's Court, was very rude and unjust, in endeavoringe first to enter a false record conserninge you, and therein threatninge to doc that which afterwards they endeavored, but failed, to doc, because yo". ]Ion'. [would] not at their request subscribe the Coppy of fundamentall Constitutions, the Orrigginall whereof you had before signed and sealed in England, and yet at the same time suffer a Record to be made that you did approve of certaine Instructions as a rule of Govermt. in this Colony, wch. were in some articles contrary, and in some preferred even before these fundamentall Constituts. Yor. Honr. best knowes how they dealt with you that day while we ware absent, but we earnestly begg that yor. Honor will yourselfe write to the Lords Proprs. an exact accompt of y. dayes transaction in the Pallatine's Court, for we yt. are well experienct in the untoward shifts thay have now a long while used to governe by here, are afraid yt. thay will not write to yt. L4. Propr. weh. thay correspond with what is, and was really done and said, but shall be most necessary to justefy their after seditious and wicked practises against your person, and this we rather believe, because thay have reported strange various tales conserninge yor. Honor, weh. sometimes contradicts them- selves, & are allwayes very undecente and unlikely, but we cannot wth. patience endure the thoughts of, nor find fitt words to
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express their undutifull and rebellious actions few dayes after, when they caused the drums to beate at Charles Towne, and Soldiers to take armes wthout your knowledge and order, (though you were then in Towne allsoe, ) and did cause to be fixed up in a publick place in the said Towne, as allsoe to be filed in the Secretarye's Office a most pernitious & seditious libell- against you, chargeinge you with Treason and other Crimes to be comitted by yo", and declaringe that the people need not obay yor. Honr. as Govern'. till thay under their hands and seales did please to admitt of it, weh. had certainely put the whole Countrey into blood and distraction, had not the justice of yor. cause been soe plaine and obvious to every man, & their malice been soe extravagant and ill guided by the meanness & weakness that attended them, but we doubt not but in due course of Law, yor. Honr. will lett them know that ye Laws will be exerted against those that dare so publickely offer such abominable insolencyes against ye person and rights of one of the Lords and absolute Proprs. of this Province, and wee give our most hearty acknow- ledgements for that. Yor. Hon". hath been pleased to lay aside soc many of the Deputies as by law & the Lds. Proprs. Instruc- tions you might, the whole Countrey being apparently thereby preserved from confusion and dissolution, and we allsoe render our particular thanckes that you have already issued out writts to call a parliment, as by a Petition voluntarily signed by four or five hundred of the best people in this Country, you were hambly requested to doc, and we doubt not but in the next parliment Lawes will be made to preserve the whole Colloney in peace and prosperity, and from all enemies abroad, and Martiall Law wthout legall occasion at home. As to the signeinge agen of the funda- mentall Constitutions we will not trouble yor. Honr. with any discorse or arguments this Paper beinge intended generally as a bare narrative of former transactions here, woont the adition of our one particular opinions in a matter of that moment. As to the Instructions, we owne that the LAs. Prop's. have the power of sending, and such as they please, but cannot believe that their L'sps. did ever intend it prima facia, and wthout the assent and approbation of the people, they are to be received and put in practice as Statute Lawes, except in such matters as wholely belong to their L'sps. order and direction, accordinge to the Royall Charter, & we humbly observe that the late Instructions to which the Deps. would have had yor. Honr. made a Record of, yor. approbation of them, as an absolute rule of Goverment, are in some Articles contrary to the L's. Prop's fundamentall Consti- tntions in matters practicable at this time, and in two articles are positively prefered before all fundamentall Constitutions. Wee have noe more to trouble yor. Hon. with at the present, and the rest of the Lords Proprs., but hinmbly to informe that we are resolved in the next Parliment to promote the sending home to
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England of two persons sufficiently commissionated to treate wth. the Lords Proprs. about all the affaires of this part of their Pro- vince, and that we hope such agreemt. will thereby be made as yt. wee shall hereafter florish and prosper ; in meane time we shall endeavor as much as in us lyes to assist yor. Hon'. according to our dutys, to keep peace and tranquility here, & to cause justice to be distributed accordinge to Law.
S. P. O. Nº. CAROLINA, B. T., VOL. 3, p. 177.
Lords Prop". of Carolina to Seth Sothell. 12 May, 1691.
London, May ye 12th, 1691.
S". Your Letters directed to each of us, and all of ye same tenour, of the 21 of Octber., Wee have recd., and are well please. to finde you write that you will submitt to our Instructions for the Govermt., and that you never denyed so to doc. Wee hope you are to knoweing and to wise a man to claime any power in Carolina but by virtue of them, for no prop". single, by virtue of our patents, hath any right to the Govermt., or to exercise any Juris- diction there, unless impowered by the rest, nor hath any seaven of ye Proptors. power to bind any one in his priviledge or property, unless by agreemt. among ourselves, weh. agreemt. is contained in onr fundamentall Constitutions, bearing date the 12th of January, 1681, [1681-2,] those being the onely constitutions agreed or signed to by all the eight proprietors ; and if any proprietor shall come into Carolina and take upon him goverm'., grant, comissions, and traine and exercize men, any other wise then pursuant to the rules and Instructions for Govermt. apointed by the rest of ye Proprietors, it is by the Laws of England high treason, as wee are well Informed, and if any Governor of Carolina shall without consent of our Deputys, Impowered by us or rules from us, take upon him to impower judges and other Magistrates, It is a very high misdemeanour in the person granting, and also in the person who accepts and executes such office, and all any such Officer shall doe, is voyd, erroneous and at his perill ; and any man in Carolina that shall take upon him to act as Deputy, that is not duely im- powered by us or by rules from us, is answerable for all he shall doe by vertue of any such pretended power of Deputy. Wee are informed that Mr. Joseph Blake haveing a deputation under ye hand and seale of Mr. Archdale, you have notwithstanding put him out from being Deputy, and put in Mr. Berrisford in his roome of yor. owne choice, and that Mr. Berrisford acts as Deputy. Wee hope this information is not true, for wee can never aprove yor. soe doing, and shall be obliged to vindicate our owne rights therein, for wee will never allow that any Gov., upon any p'tenee
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whatsoever, shall turne out a Deputy that is so apointed to bee under hand and seale of any Propter., that tending towards a re- bellion to ye crowne, arbitrary power in himself, and the outeing of the rest of the Proptors. of their rights.
Wee know not what to say to ye protestation of our Deputys, untill wee are truly informed of ye matter of fact, they sayeing you positively refused to governe by our Instructions or rules of Gover- ment, and you affirm the contrary, for If you did refuse to governe by our Instructions, Wee think they did like wise and honest men to refuse to act with you, and wee have a very good character of the honesty, prudence and truth of severall of them, but wee shall sus- pend our Judgemt. of that matter untill yor. arrivall in England, and that Wee have proof of the allegations on both sides, Wee do not aprove of any reflections upon you for actions in Albemarle, and shall be very ready to shew our resentmt. thereof as soone as you have clear. yo"self from the misdemeanors and opressions layd to yor. charge by the Inhabitants of that County, weh. misdemeanours are, vizt. :
1. That you seiz4. upon two persons that came into Albemarle from Barbados, pretending they were pyratts, although they pro- duced cockets & clearmts. of their goods from the Gov". of Bar- bados & Bermudas.
2. That you kept these persons in hard durance, without bringing or pretending to bring them to tryall, in wch. hard dur- ance Richard Humphrey, one of them, dyed of grief and ill usage.
3. That the sd. Richard Humphreys made a will before his death, and left one Thomas Pollock his Executor, whom you would never admitt to prove the s1. Will, though often required by the s1. Pollock to permitt him to prove it before you, nor would not so much as suffer the Court to attest that ye said Pollock had offred the will to prove, but took all ye goods into yor. owne hands and converted them to yor. owne use.
4. That the st. Pollock haveing sett up his name to come for England to complaine of yo". Injustice, you imprisoned him without shewing any reason, or permitting him to see a copy of his mittimus.
5. That you have for bribes withdrawne accusations that were for felony and treason.
6. That you did unlawfully imprison one Rob. Canon.
7. That you did arbitrarily and unlawfully detaine from John Stewart, one Negro and 7 pewter dishes.
8. That you did imprison George Durant upon pretence of his having said some reflecting words of yo self, and did compell him to give you a bond for a sume of money while he was in durance, and did afterwards, on pretence of sa bond, seize upon all the estate of the st. George Durant, without any process or collor of law, and converted the same to yor. owne use.
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9. That you did unjustly take from one John Tomlin his plantation.
10. That you did unlawfully detaine the cattle of George Mathews, and refused to deliver them, although there was an order of court for it.
11. That you took the plantation of John Harris upon pretence - of a sale of the same to you by the sª. Harris, although you knew the s'. Harris was under age.
12. That you unlawfully seizd. upon ye estate of one Mowberry.
13. That you did, by yor. power as Gorr & Propriet"., seize upon severall mens estates without process of law, and did severall other unjust & arbitrary actions, for weh. misdemeanors and other opressions the Inhabitants of Albemarle imprisoned you, with intent to send you Prisoner to England, and there to accuse you, but you intreated them not to send you to England, but that you wd. submitt all to be determined by the next generall assembly, who accordingly gave Judgemt. agt. you In all the fore-mentioned particulars, and compelled you to abjure the Country for 12 months and the Goverm'. for ever, which proceedings of yorself and the people, is, in our opinion, prejudicial to the prerogative of the crowne, and the honor and dignity of us the Proptors. Wherefore, as in duty bound, and for our owne vindication, Wee are resolved to have this matter thoroughly inquired into, that wec may take such course for the preventeing such disorders for the future, as shall apcare most fitting for the asserting of their Matys, prerogative, the peace of the Province, the just libertys of ye people, and vindication of ourselves. But are unwilling to pro- ceed therein untill Wee have first spoken with you, wherefore desire and require that you come speedily for England, that Wee may have a full and clear information of all matters, and bee thereby inabled to know how to proceed, and if you shall refuse or delay to come, Wee cannot avoid thinking you guilty of all the misdemeanours layd to yor. charge, and shall be constrained for our own vindications, and to shew our abhorrence of the injustice and opression practiced by any of our number, to lay the whole matter before the King, and pray his mandamus for yor. apcarance here to answer what shall be objected agst. you, wch, wee hope you will not compell us to, Wee being unwilling to make you a publick shame or to bring you under a prosecution wee ourselves cannot stop when once begun.
Our Deputys had orders from us not to call any Parliamt. in Caro- lina without directions from us, unless some very extraordinary occa- sion should require it, wherefore we cannot blame them for following our Instructions, nor can wee aprove of yo' incourageing the people to petition for a Parliam'. or calling one, because they did petition, tumultuous petitions being prohibited by Act of Parliam. here with a severe penalty upon such as shall break that law, and wee know not how farr such ill example in Carolina may influence his
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Majties Subjects in his other American plantations, but since you write that the Inhabitans have intentions to depute 2 persons for our better Information of all matters, We have directed our Deputys to consent to the calling of a Parliamt. for that purpose, for any parliamt. called by you with consent of such Deputys as are not duly impowered by us, Wee cannot allow to be a Par- liamt., nor can wee tell how to justify our own consenting to any Acts made by such Assembly.
Wee here inclosed send you copie of some articles under the hands and seales of the Proptors. in 1672, to weh. my Lord Claren- don sett his hand and seale, and to wch. any that claime under him are bound. Wee have no thought nor intentions to doe you wrong or injury, but on the other side Wee shall not permit our- selves to be imposed on nor his Majesty's Subjects that live under our governmt. to be oppressd. or unjustly dealt with by any per- sons whatsoever, and shall much rather surrender our Governmt. to the King then suffer it, If it bee not to be remedyed otherways, for we have no other interest to keep the Governmt. in our owne hands but that we may be able to assure the people they shall not be oprest by the Governs. and thereby incourage them to goe to Carolina to take our land and pay us the rent for it is not our intentions to make profit by the Governmt. our selves or to suffer · any Officers under us to oppress ye people by extravagant fees and grow rich by the ruin of ye people. Wee rest,
Yor affectionate friends, CRAVEN, Palatine, ASHLEY, CARTERET.
P. COLLETON,
JOHN ARCHDALE, for THOS. ARCHIDALE, THos. AMY.
To SETHI SOTHELL, Esq.
Upon disagreement between Gov. Ludwell & the Assembly, about Act of indemnity & pardon in Sept. 1692, the following representation of grievances was prepared by the Assembly. Afterwards the 14th section, was added in Sept., 1693, & the whole sent to the Gov. & Deputies.
May it Please your Honors,
Wee againe presume to beg your Hon's. to represent our grievances to their Lordshipps, the want of which we conceive hath been the occasion of their continuance and increase.
Ist. That the R. Hon". the Lords prop". have not all agreed to the same forme for conveyancing of Land, and the latest forme agreed to by some of them not satisfactory to the people.
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2nd. That the Lords Receiver of Rents hath not been Com- missioned by them all, nor any agreement of their whole number, Come yett to our knowledge to authorize any less number to Commission a receiver.
3d. That the office of Sheriffe & Judge of the Court of Pleas are lodged in one & the same person.
4th. That although the power of erecting Courts be in their Lordshipps, yett courts ought to be bounded and regulated by laws made by the assent of the people.
5th. That Publie Officers taking much greater fees than are allowed by aet of Parliament in England for the same & like things, and before the same be settled by aet of Assembly here.
6th. That the Representatives or delegates of the People are too few in Assembly, & that the People doe not appoint the number of their delegates according to the King's most gracious Charter.
7th. That their Lordshipps hold two Pallatine Courts, and that the one makes void what the other enaets, as of late severall acts of the Assembly have been repealed by one, which have been rati- fied by the other, & that before they became voyd by limitation in themselves, & that their Lordshipps Deputies are not fully enough empowered to give their assent with the people. to enact such laws & for such time as the want of which may hazard the loss of their county.
8th. That the Pallatine Courts here doe assume to put in foree such English Laws as they Judge are adapted to this Provinee, which we conceive are all soe by their own force, or not to be made soe but by act of Assembly.
9th. That Inferior Courts taking upon themselves to try, adjude & determine the power of Assemblys, or the validity of aets made by them, or of such matters and things as are aeted by, or relating to the House of Commons, all which (we humbly con- ceive,) is only inquireable into and determinable by the next Succeeding General Assembly.
10th. The Setting up of martial law (except in cases of Rebel- lion, Tumult, Sedition or Invasion, ) we Conceive is not warranted by the King's Charter.
11th. The taking of bonds or writings obligatory, without or not according to Law.
12th. The want of a competent number of Commoners to represent them in Councill.
13th. The refusial of an Aet of Indemnity and confirmation of Judicial proceedings in the late Government, and denyall to stopp proceedings eoneerning the same, till their Lordshipps pleasure, be known about the same, notwithstanding their Lordshipps Deputies have thought fitt to represent the same.
14th. That their Lordshipps have forbidden their Deputies to putt in execution any laws relating to Courts of Judicature, or
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altering of the formes of proceedings therein, or any other matter relating to Judicature, magistrates, Judges, Sheriffs, or any other officers, or relating to Juries or Elections of Representatives for the General Assembly ; or relating to the fees taken or belonging to any officer or officers constituted or appointed by them before such time as their Lordshipps Consente thereunto signified from England, which, at soonest, we cannot expect in less time than one year, sometimes two, and before that time, the occasion and reason of their being made may cease, & the exactions & oppres- sions of Public officers may have left us nothing worth making law for ; and where Laws relating to such matters are not made, Justice between man & man cannot be expected, And we humbly conceive that the Patent of Carolina doth not give any such powers to their Lordshipps, nor intend that people soe long time lived under the Grievances and mischief of the want of such necessary laws, which by all wise people first and before all others are pro- vided for.
JONATHAN AMORY, Speaker.
Nov. 8, 1692.
Whereas by the twenty-seventh & twenty-eight articles of our Instructions to you, Co". Phillipp Ludwell, our Governor of our Province of Carolina, bearing date the Eighth day of November, one thousand six hundred and ninety-one, we have given power and authority to the said Co". Phillipp Ludwell, by and with the advice and consent of our Deputies, Landgraves and Casiques, and delegates of the freeman or major part of them, to make, ordaine, and enact such Laws as should be thought necessary for the better government of our Province, but to be ratified by the s. Phillipp Ludwell, and three or more of our Deputies, under their hands and seals, before such acts be published or allowed to be laws, which Laws should continue in force for two years, and no longer, unless within that time they were ratified and confirmed under the hands and seals of the Pallatines, and three or more of the Lords Proprs. themselves, and by their order published in the General Assembly, and should cease to be laws whenever (before they were ratified and confirmed by the Pallatine, and three or more of the Lords Proprietors should under their hands and seals signify their dissent to them-which power and authority for passing of Laws, as aforesaid, we doe hereby repeale, and make void as to all matters relating to the Courts of Judicature in Carolina, or alteration of the forms of proceedings from what was practiced during the Governments of Landgrave James Colleton and Landgrave Joseph Morton, or any other matters relating to Judicature, Magistrates, Judges, Sheriff's, or other officers, or relating to Jurys or Election of Representatives for the General Assembly, or relating to the fees taken or belonging to any officer or officers constituted or appointed by us, all which being matters
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which will admit of delay without exposing the safty of the inhabitants of our Province to any foreign enemy, or attempt of the Indians. We will and ordaine that bills relating to the above mentioned matters and consented to by you, our Governor, or the Governor for the time being, & three or more of our Depu- tics shall be transmitted to us to be considered of, and not pub- lished or put in execution as Laws, until they be consented to & Ratified and confirmed under the hands and seals of the Palatine and three or more of the Lords Prop's., and by their order Published as a law in Carolina, but in all other matters the said power for passing and enacting Laws is to continue as is appointed by our said Instructions to Co". Phillipp Ludwell, our Governor of the Province of Carolina, bearing date the Eighth day of November, one thousand six hundred & ninety and one. Given under our hands & seals the Seaventh of April, 1693.
CRAVEN, Pall., [L S.]
P. COLLETON, [L.S. }
JNO. ARCHIDALE, L.S.7
for THos. ARCHDALE, L.S. ] THOMAS AMY, L.S. ]
A. ASHLEY, [L.S.
Recorded in the Secretary's office this 14 day of September, 1693.
Pr. JNº. HAMILTON, Dep. Scc'y.
London, this 10th April, 1693.
We have seen an act past in Carolina, entitled an act to pro- vide Indifferent Jurymen in all causes, Civill and Criminal, which act requiring the Sheriff of each County to divide all the persons of cach County into twelve, and them write in paper, and two papers of twelve names each to be drawn, and the persons whose names are therein contained to be summoned to serve as Jurymen the next Court after such draught, and then one of the s. papers . drawne againe, and the persons whose names are written in the paper thus last drawne, to be the Jury for tryall of causes, we judge to be very unreasonable, and many ways dangerous and tending to the lending [leaving] the most enormous crimes unpunisht, especially Pyracy, for it will thereby be in the power of the Sheriff so to divide the twelve for each paper, that there shall be in every paper some notorious favorers of Pyrates, who coming prepared for it may be able to constraine the rest of the Jury to consent to what verdict they please; which being contrary to their majesties service, and dangerous to the peace, perhaps of England itself, and the said aet being in other things very dan- gerous to the Inhabitants of our Province, and contrary to the Laws of England, as it is declared in the bill of rights passed in
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their present Majesties reigne, we have thought fit to dissent to, & thereby made the same null and void, and do require you not to put the same into execution as a Law in Carolina, and that you doe forthwith, upon receipt hereof, give notice of our dissent to the said act to the respective Sheriffs of the Counties there, and that the said Law is hereby vacated and cease to be a law, and that they are not to put the said act in execution as a Law any longer. We have also seen another act, Entitled an act to regulate Elections of Members of the General Assembly ; which act enabling all persons that [take] oath that they are worth teun pounds, to give their vote for members of General Assembly, and all the members of the Assembly for the present being chosen for the Counties, we are of opinion they ought all to be freeholders that elect, and those act, not mentioning how long any person worth tenn pounds must have been an Inhabitant of the County before he be admitted to vote for members of the Assembly, it is so loose that by this Act all the Pyrates that were in the Shipp that had been plundering in the Red Sea had been qualified to vote for Representatives in Carolina, "which being of dangerous consequence to the Inhabitants, we have thought fitt to dissent to that act alsoc, but have cheer- fully passed, and under hands and seals ratified and confirmed the act Intitled an act for the better observation of the Lord's day, commonly called Sunday, and are well pleased with all those that voted for itt, and we hope that you will take great care the said act be strictly putt in execution. We have also Ratified and confirmed the act entitled an act to prevent swine gooing at large in or about Charlestowne, and to prevent nuisances, and shall be always ready to consent to any other act that we are convinced is for the good or convenience of the Inhabitants of our province. We have thought fit to send you additional Instructions about passing Laws in Carolina, which you are to observe, and wee doc require that you ratify no Law that diminisheth or altereth any of the Powers granted to us in our Charter from the Crowne; but when any such bill is past in the General Assembly and Consented to by yourselves, you are to send the same to us for our approba- tion and consent before you ratify the same, our intent & meaning that nothing of that nature should be putt in execution, as a law in Carolina, untill we ourselves have consented to it. The French have Complained to us, that they are threatened to have their Estates taken from their children after their death, because they are aliens. Now many of them may have bought the lands they enjoy of us, and if their Estates are forfeited they escheat to us, and God forbid that we should [take] the advantage of the forfeiture, nor doe so we intend, and therefore have sent our de- claration, under our hands and seals, to that purpose, which we will shall be registered in the Secretary's and Registers Office, that it may remaine upon record in Carolina, and be obligeing to 37=
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