USA > South Carolina > Orangeburg County > The history of Orangeburg County, South Carolina : from its first settlement to the close of the Revolutionary War > Part 18
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Col. Tacitus Gaillard,
Col. William Thomson,
Rev. Paul Turquand,}
Mr. John Caldwell,
Mr. George King,
Mr. Simon Berwick.
The Township of Saxe-Gotha, Orangeburgh District, was represented by:
Hon. William Henry Drayton,
Hon. Barnard Elliott,
William Arthur, Jonas Beard, Benjamin Farrar, William Tucker.
This Congress, without one dissenting voice, gave public thanks to their late deputies to the Continental Congress, approved their proceedings, and resolved to
*See also S. C. Gazette and Country Journal, Tuesday, January 17, 1775. See also Moultrie's Memoirs, Vol. I, page 17. + "Ordered, That the Rev. Mr. Turquand, a member, be desired to celebrate divine ser- vice in Provincial Congress." "Resolved, That the President do re- turn the thanks of the Congress, to the Rev. Mr. Turquand, rector of St. Mathew's Parish, for his devout and pious performance of divine service before the Congress. And the same was done accordingly." -Moultrie's Memoirs, Vol. I, page 39. ¿ Any voter who owned land in an election district was eligible to represent that district in an Assembly, whether he lived in that district or not.
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carry their suggestions into execution; and to this end adopted the following resolution :* "Resolved that the following Gentlemen be the Committee for effect- ually carrying into execution the Continental Asso- ciation, and for receiving and determining upon ap- plications relative to law processes". On this Commit- tee the following gentlemen. were appointed to repre- sent St. Matthew's Parish, which included Orange- burgh Township:
Col. Tacitus Gaillard, Col. William Thomson, Col. John Savage, Rev. Paul Turquand.
Mr. George King,
Mr. John Caldwell,
Mr. Simon Berwick,
Mr. Henry Felder,
Col. Michael Christopher Rowe,
Mr. Lewis Golson,
Mr. Adam Snell, Mr. Christopher Zahn.
And the following gentlemen were appointed for Saxe-Gotha Township, Orangeburgh District:
Benjamin Farrar, Jonas Beard, William Tucker, Samuel Boykin, Godfrey Drier, Ralph Humphries.
On the 19th of April, 1775, the Battle of Lexington was fought, and the very same day a packet from
*See S. C. Gazette, Feb. 13, 1775, and Moultrie's Memoirs, Vol. I, page 43.
+The first of February, 1775, was the day fixed by the Continental Congress after which no British goods should be imported.
259
ORANGEBURG COUNTY.
London reached Charlestown with intelligence sub- versive of the pleasing hopes of a speedy accommoda- tion. These matters so excited the people, and affairs began to take such a serious shape that the Provincial Congress was immediately summoned by the General Committee, to meet in twenty-three days at Charles- town. "So great was the zeal of the inhabitants", says Dr. Ramsay in his History of the Revolution of South Carolina, p. 33, "and so general the alarm throughout the province, that one hundred and sev- enty-two members of the provincial Congress met on the day appointed, the first of June 1775, and proceed- . ed with such assiduity, that they finished a great deal of important business in a short session of twenty- two days. Great were the objects which came before this assembly. Hitherto the only sacrifices demanded at the shrine of liberty, were a suspension of trade and business; but now the important question was agitated, whether it was better to 'live slaves or die freemen'."
On the second day of their meeting it was unani- mously resolved that an association was necessary, and, accordingly, one was drawn up and signed by all of the members present, and afterwards by a large majority of the people of South Carolina .* By the terms of this association the people of South Carolina united themselves "under every tie of religion and honour", and associated "as a band in her defence against every foe". All persons who should refuse to subscribe to the association were to be considered as "inimical to the liberty of the colonies". Within three days it was resolved to raise two regiments of infantry and a regiment of rangers,* and to put the
*See letter of Henry Laurens to Col. Fletchall .- Collections of the South Carolina Historical Society, Vol. II, page 42.
+On June 21, 1775, the Council of Safety: "Resolved, That it is not
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THE HISTORY OF
town and province in a respectable position for de- fence. On June 22nd this Congress adjourned.
From the South Carolina Gazette of September 7th, 1775, we learn that on the 7th, Sth, 28th, and 29th of August, 1775, elections were held throughout South Carolina for delegates to a "Colony Congress" to be held in Charlestown the first day of December follow- ing. St, Matthew's Parish, including the Township of Orangeburgh, elected the following delegates:
Col. Tacitus Gaillard, Mr. Simon Berwick, Rev. Mr. Paul Turquand, Mr. Henry Felder, Mr. John Caldwell, Captain William Fludd.
The Township of Saxe-Gotha, Orangeburgh District, elected the following:
Hon. Wm. Henry Drayton, Benjamin Farrar, William Arthur, Henry Patrick, Ralph Humphries, Dr. Jacob Richmond.
The section between the North fork of the Edisto river and the Savannah river, also a part of Orange- burgh District, elected delegates to this Congress also, but their names have not been obtained. The new Provincial Congress met, agreeably to their original appointment, on the 1st of November, 1775 .*
necessary for the present, to raise more than fifty men per company in the Foot, and thirty men per troop of Horse, in the Regiments or- dered to be raised for the service of this colony."
*A short while previous to the assembling of the Provincial Con- gress, Lord William Campbell, the Royal Governor, assembled the Constitutional Assembly and tried to transact business, but as most of the members of this Assembly sided with the Colonists, he could do nothing with them, and accordingly, on the 15th of September, he
261
ORANGEBURG COUNTY.
"Till the year 1776, the opposition to Great-Britain was conducted on such temporary principles, that the repeal of a few acts of parliament would have imme- diately produced a reinstatement of British govern- ment -- a dissolution of the American army-and a re- commencement of the mercantile intercourse between the two countries. The refusal of Great-Britain to redress the grievances of the colonies, suggested to some bold spirits early in 1776, the necessity of going much greater lengths than was originally intended."*
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"Public affairs were in confusion for want of a regu- lar constitution. The impropriety of holding courts of justice under the authority of a sovereign against whom all the colony was in arms, struck every think- ing person. The impossibility of governing a large community by the ties of honour, without the authori- ty of law, was equally apparent. But notwithstand- ing the pressing weight of all these considerations, the formation of an independent constitution had so much the appearance of an eternal separation from a coun- try, by a reconciliation with which many yet hoped for a return of ancient happiness, that a great part of the provincial Congress opposed the necessary meas- ure. At the very time when they were suspended on this important debate, an express arrived from Savan- nah, with an act of parliament, passed December 21, 1775. confiscating American property, and throwing all the colonists out of his Majesty's protection. This turned the scale-silenced all the moderate men who were advocates for a reconciliation-and produced a majority for an independent constitution" .;
dissolved the Assembly, and never afterwards issued writs for a new election.
*Ramsay .- Hist. Rev. S. C., page 81. ¡ Ibid, page 81.
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"So strong was the attachment of many to Great- Britain, which they fondly called the mother-country, that though they assented to the establishment of an independent constitution, yet it was carried. after a long debate, that it was only to exist 'till a reconcilia- tion between Great-Britain and the colonies should take place'."*
This constitution, temporarily declaring South Car- olina a free and independent republic, was adopted March 26th, 1776. "The most essential parts of this temporary constitution are contained in the following resolutions:"+
"I. That this Congress, being a full and free repre- sentation of the people of this colony, shall henceforth be deemed and called the General Assembly of South Carolina, and as such shall continue until the 21st of October next, and no longer.
"II. That the General Assembly shall, out of their own body, elect, by ballot, a legislative-council, to consist of thirteen members, (seven of whom shall be a quorum) and to continue for the same time as the general assembly.
"III. That the general assembly, and legislative- council, shall jointly, choose, by ballot, from among themselves, or from the people at large, a president and commander-in-chief, and a vice-president of the colony.
"V. That there be a privy-council, whereof the vice- president of the colony shall of course be a member and president of the privy-council, and that six other members be chosen by ballot, three by the general assembly, and three by the legislative-council; pro- vided always, that no officer of the army or navy, in the service of the continent, or of this colony, shall be eligible.
*Ramsay .- Hist. Rev. S. C., page 83. tIbid, page 89, et seq.
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ORANGEBURG COUNTY.
"VII. That the legislative authority be vested in the president and commander-in-chief, the general as- sembly and legislative-council.
"XI. That on the last Monday in October next, and the day following, and on the same days of every sec- ond year thereafter, members of the general assembly shall be chosen, to meet on the first Monday in Decem- ber then next, and continue for two years from said last Monday in October. The general assembly to consist of the same numbers of members as this con- gress does, each parish and district having the same representation as at present.
"XVI. That the vice-president of the colony, and the privy-council, for the time being, shall exercise the powers of a court of chancery. And there shall be an ordinary, who shall exercise the powers hereto- fore exercised by that officer in this colony.
"XIX. That justices of the peace shall be nomina- ted by the general assembly, and commissioned by the president during pleasure.
"XX. That all other judicial officers shall be chosen, by ballot, jointly by the general assembly and legis- lative-council.
"XXI. That the sheriff's, qualified as by law directed, shall be chosen in like manner by the general assem- bly and legislative-council, and commissioned by the president for two years only.
"XXII. The commissioners of the treasury, the sec- retary of the colony, the register of mesne convey- ances, attorney-general, and powder-receiver, shall be chosen by the general assembly and legislative-coun- cil jointly, by ballot, and commissioned by the presi- dent during good behaviour; but shall be removed on the address of the general assembly and legislative- council.
"XXIII. That all field-officers in the army, and all
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THE HISTORY OF
captains in the navy, shall be, by the general assem- bly and legislative-council, chosen jointly, by ballot, and commissioned by the president: and that all other officers in the army and navy shall be commis- sioned by the president and commander-in-chief."
In consequence of this temporary constitution the following officers were elected immediately on the adoption of the constitution:
President, John Rutledge,
Vice-President, Henry Laurens,
Chief Justice, William Henry Drayton.
Assistant Judges, Thomas Bee, John Mathews and Henry Pendleton. Attorney-General, Alexander Moultrie,
Secretary, John Huger,
Ordinary, William Burrows,
Judge of the Admiralty, Hugh Rutledge,
Register of Mesne Conveyances, George Sheed.
Members of the Legislative-Council:
Charles Pinckney,
Henry Middleton,
Richard Richardson,
Rawlins Lowndes,
LeRoy Hammond,
David Oliphant,
Thomas Ferguson,
Stephen Bull, George Gabriel Powell,
Thomas Bee,
Joseph Kershaw,
Thomas Shubrick, William Moultrie.
Members of the Privy-Council: James Parsons, William Henry Drayton, John Edwards,
265
ORANGEBURG COUNTY.
Charles Pinckney, Thomas Ferguson, Rawlins Lowndes.
Pursuant to the provisions of Article XIX above quoted, justices of the peace for the several parishes and precincts of the colony were, in April, 1776, nomi- nated by the General Assembly and commissioned by President Rutledge. The following were the justices selected for Orangeburgh District: George Ancrum, William Arthur, Jonas Beard, Samuel Boykin, Rich- ard Brown, Donald Bruce, Peter Corbin, James Cor- nelley, Malcolm Clark, Isham Clayton, John Chesnut, Michael Dickert, Benjamin Farrar, John Fairchild, Lewis Golson, Tacitus Gaillard, Ralph Humphries, Houschild. David Holmes, William Housell, John Kensalow, Michael Leitner, Ephriam Mikell, David Pou, Henry Patrick, James Pritchard, Samuel Rowe, M. C. Rowe, Jacob Richman, George Robinson, John Savage, Arthur Simkins, George Strawther, Wil- liam Thomson, William Tucker, and Thomas Young .*
The South Carolina and American General Gazette for Wednesday, April 17th, 1776, states that on April 11th, the following commissioners' of election were appointed by the General Assembly: For Saxe-Gotha Township, election to be held at Granby, William Ar- thur, Benjamin Farrar, Ralph Humphries, Jacob Rich- man, and Jacob Finlay. The commissioners of elec- tion for St. Matthew's were, as was the custom in all the parishes, the wardens of the parish church, and the election was held at the church.
After passing a few necessary laws, the represen- tatives of the people closed their session on the 11th, of April, 1776. This first General Assembly, agreeably
*See South Carolina and American General Gazette for Wednes- day, April 17th, 1776.
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to the constitution they had framed, was dissolved ou the 21st of October of the same year, and a general election for members of the Legislature was immedi- ately held throughout the State the last Monday in October. Such was the union of the people, and so general their acquiescence in the measures adopted by their representatives, that the former members were almost universally returned. The following members were elected for Orangeburgh District:
For St. Matthew's Parish, including Orangeburgh Township: Richard Richardson,* Donald Bruce. and four others.
For Saxe-Gotha Township: Six members.
For the territory between the North Edisto and Sa- vannah rivers: Six members.
For the lower district between Broad and Saluda rivers: Two members.
The South Carolina and American General Gazette for October 17th, 1776, contains the following:
"At a Court of General Sessions of the Peace, Oyer and Terminer, Assize and General Gaol Delivery. be- gun and holden at Orangeburgh for the District of Orangeburgh, on Monday the 20th, Day of May. 1776. before the Honorable William Henry Drayton. Esq. Chief Justice of the Colony of South Carolina.
"The ADDRESS and DECLARATION of the Grand Jury of the said District, to his Honour the Chief Jus- tice.
*The Gazette of the State of South Carolina for April 9th, 1777: "Writs have been issued, for electing Members of the General Assen- bly to fill up Vacancies which have happened in the following Par- ishes and Districts." Among the members to be elected to fill these vacancies was one for St. Matthew's Parish, "in the room of Col. Rich- ard Richardson, who made his election for St. James, Goose Creek". The election days were set for Tuesday and Wednesday, April 22nd and 23rd, following.
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ORANGEBURG COUNTY.
"May it please your Honour,
"Whilst engaged in an arduous but glorious Struggle for the preservation of those invaluable Rights and Liberties, which, by the Laws of Reason, and of Nature, all men have a right to possess, and without the Possession of which Life itself would be a Burthen; it was Matter of no small Grief to us that any Men should be found amongst us ready to add to the Distress of an oppressed and injured People, by endeavouring to introduce Anarchy and Confusion and thereby to light up the Flames of Civil Discord in the Bowels of this once happy Country .- We are fully convinced that those must have been the nefarious in- tentions, and base Hopes which induced the King's Judges to refuse the Execution of their Offices, and by so doing to put a Stop to the Administration of Jus- tice in the Courts under their Jurisdiction; to the great Danger of the Lives, Liberties, and Properties of the good People of this Colony. But however great our Grief. we cannot say we are surprised at their Conduct-Strangers in this Land, as they are, and, in- duced by no Ties of Affection to this Country, or its Inhabitants, they acted as may ever be expected from the wretched Hirelings of an arbitrary and despotic Power. We trust they are the last Officers of the Kind this Colony will ever know, and hope it will be an ad- ditional Cause, for us hereafter to rejoice that we re- sisted, that we thereby became sensible of the true In- terest of America in this, as well as many other Re- spects. To the base Conduct of our late Judges, among other Causes, we owe however the excellent Constitution lately established amongst us: A Con- stitution evidently framed for the Good, Welfare and Happiness of those who are to live under it. We de: clare, that as we do most heartily approve of, so we are determined with our Lives and Fortunes to sup-
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THE HISTORY OF
port, maintain and defend it. And to that End. we will, to the utmost of our Power. endeavour to make known its Excellency to all around us, to promote and encourage Peace. Harmony and good Will among the People; and whilst we treat with the tender Hand of Pity and Compassion those few, if any, of our Brethren, who, from the Want of Information, or the artful Designs and Intrigues of wicked Men, may be found at present unfriendly to the sacred Cause in which we are now engaged, we will use our utmost Efforts to teach and instruct them what. and how many Grievances we labour under: the dutiful, hum- ble, and we cannot help now thinking too submissive. Petitions and Remonstrances, we have vainly present- ed for Redress; the appeal made by our oppressors to the Sword, and driven as we are by dire necessity. the becoming and spirited Measures we have pursued and are now pursuing for a vigorous. manly. and virtuous Defence of the Liberties of ourselves and. which are still dearer to us, of our Posterity. Thus acting. we doubt not but that we shall be able to create such an Union among them, as if extended over the whole Colony, will, with the Assistance of that gracious Providence which has hitherto manifested itself in our Favour; the Goodness of our Cause, the Advan- tage of our Situation, our Use to Arms. and our Equality, if not Superiority in other Respects to those who are, or may be sent against us, insure us. if called to Action, both Victory and Peace.
"GREAT BRITAIN has forced us into a new Form of Government: she may continue the Sword so long unsheathed that by observing its Superiority over the old, we may be unwilling to part with it. We now have Rulers of our free Choice aud Judges of our own Election; a full and equal Representation in the Gov- ernment; Blessings we hope we should never lose, and
269
ORANGEBURG COUNTY.
which the Wisdom of the Continental Congress will enable us long to keep Possession of. In our present Situation it would be needless for us to present any Grievances to this Court:' From the Joy we are in, and the Pleasures we feel in observing the Attention paid to the Interests of the Colony, at the first Session of the Assembly under the present Constitution, by the Law for the once more opening the Courts of Justice amongst us, and, the many other excellent Laws passed in that Session, we can think of none we labour under: Should there be any, we have the greatest Confidence that your Honour would pay proper Attention to them, were they pointed out, and that the Legislature will at all Times be ready to pro- vide adequate Remedies, when they are.
"Henry Felder, (L. S.)
"George King, (L. S.)
"Michael Leitner,
(L. S.)
"William Heatly, 1
(L. S.)
"Garrit FitzPatrick,
(L. S.)
"Adam Snell, (L. S.)
"Gaspar Brown, (L. S.)
"John M'Williams, (L. S.)
"Henry Rickenbacker, (L. S.)
"Henry Whetstone, (L. S.)
"Henry Crum,
(L. S.)
"Godfred Drelve,
(L. S.)
"Jonas Beard.
(L. S.)"
From the strength of this Grand Jury report, and the ability displayed in its preparation, we are led to believe that the back country people of South Caroli- na were not as ignorant and illiterate as John Bach McMaster, Mason L. Weems, and some other writers would have us believe that they were at the time of the American Revolution.
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The new Assembly met on the 6th of December 1776, and. in a few days thereafter, re-elected the for- mer President and Vice-President. South Carolina was the first of the United Colonies that formed an independent constitution; but as this was done on temporary principles, the declaration of independence by the Continental Congress, which took place on the 4th of July preceding, made it necessary to remodel that temporary form of government, so as to accom- modate it to that great event. The members of the Legislature, chosen in October 1776, were authorized by the people to frame a new constitution suited to the declared independence of the State. Authorized in this manner, the Legislature. in January 1777, be- gan the important business of framing a permanent form of government, Before finally adopting this new constitution the Legislature submitted it to the peo- ple for their approval for the space of one year, so that it was not finally adopted until the spring of 177S.
The temporary constitution, ratified in March 1776. differs from that which was framed in 1777 in the fol- lowing particulars: By the last, the appellation of the country was changed from colony to state, and of the chief magistrate, from president to governor. The Legislative authority was reduced from three to two branches. Instead of the Legislative-Council, to be chosen by the representatives of the people out of their own body, a senate, consisting at twenty-eight members, each upward of thirty years of age. to be elected by the people in their respective parishes and districts, was constituted a branch of the Legislature. And South Carolina was declared absolutely free and independent of Great Britain.
On January 16th, 1777, the Legislature passed an Act for raising taxes; and, in accordance with the 6th
271
ORANGEBURG COUNTY.
paragraph of the Act, appointed Inquirers and Collec- tors for the several parishes and districts of the State. The following were the Inquirers and Collectors ap- pointed for Orangeburgh District: For St. Matthew's Parish, including Orangeburgh Township, Henry Fel- der, William Reed and Joseph Dunklin; for the dis- trict of Saxe-Gotha, George Stroul, Andrew Kaigler, and William Gieger; for the district between the Sa- vannah river and the North fork of the Edisto river, William Robinson, James Moore, Henry Peoples and Henry Young .*
The South Carolina and American General Gazette for February 12th, 1778, contains the following: "SOUTH CAROLINA,
"ORANGEBURGH-DISTRICT.
"The Presentments of the Grand Jurors, at a Court of General Gaol Delivery, for the District of Orange- burgh, on Wednesday the 5th Day of November, 1777, before Hon. William Henry Drayton, Esq; Chief-Jus- tice of the said State.
"I. We present as a grievance the dangerous prac- tice of fire-hunting, and recommend that a law be passed inflicting more severe penalties than the last, upon persons guilty thereof.
"II. We present as a grievance, the want of a law, fixing some punishment on persons harboring or con- cealing horse and other thieves.
"III. We present as a grievance, the want of a pub- lick general test, by which the foes may be dis- tinguished from the friends of the American cause; and we do recommend that the abjuration oath may be made general. Lastly, We return our thanks to his Honour the Chief-Justice for his patriotic charge de-
*Statutes of S. C., Vol. IV, page 369.
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livered to us at this sessions, and, request that these our presentments be made publick.
"Lewis Golson, Foreman, (L. S.)
"William Arthur,
(L. S.)
"George King.
(L. S.)
"Phillip Frierson.
(L. S.)
"Gaspar Brown,
(L. S.)
"Daniel Kelly, (L. S.)
"Henry Felder, (L. S.)
"Guerard FitzPatrick, (L. S.)
"David Friday, (L. S.)
"Henry Whetstone, (L. S.)
"John Harrisperger, (L. S.)
"Henry Rickenbacker, (L. S.)
"Godfrey Drehr,
(L. S.)
"Adam Snell, (L. S.)"
The new constitution having been approved of by both the deliberative branches of the Legislature, and also having gained the implied consent of the people. after one year of trial, the Generol Assembly and Leg- islative-Council proceeded, in March 1778. to give it a final sanction in the form of a law. When it was sub- mitted to President Rutledge he refused to sign it, be- cause he then held office under the constitution of 1776, which made South Carolina independent of Great Britain only until an agreement could be reach- ed with her. He therefore resigned the office of Presi- dent, and Rawlins Lowndes was elected in his stead. and on the 19th of March, 1778, he gave his assent to the new constitution.
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