USA > South Carolina > The history of South Carolina in the Revolution, 1775-1780 > Part 11
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Having charged Mr. Drayton - Captain Drayton, as he was now styled - with the duty of cutting off com- munication with the fleet, the Committee of Safety now turned their attention to making the positions of the British men-of-war so uncomfortable as to compel them to move, if not leave the harbor. Two members were appointed to reconsider the subject of erecting a battery on Haddrell's Point, and, of course, we may be sure that William Henry Drayton was one; Dr. David Oliphant was the other. They made a favorable report, as was to 1 Moultrie's Memoirs, vol. I, 111.
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have been expected, whereupon the Council of Safety is- sued orders to Colonel Moultrie to confer with Mr. Dray- ton and Dr. Oliphant upon the subject.1 However restive Colonel Moultrie may have been at this supervision and control of civil officers over military matters of which he might naturally consider himself the better judge, he made no question, but entered heartily into the preparations for the movement. Major Charles Cotesworth Pinckney was detailed for the purpose with a detachment of four cap- tains, eight subalterns, and two hundred rank and file, with a number of mechanics and laborers. Colonel Moultrie and many gentlemen volunteers passed over with the party on the night of the 19th of December, and on land- ing at Haddrell's Point they fell to work with such spirit that by daylight the battery was so far progressed that the party were covered from the shot of the ships, and in a few hours more their guns were mounted and fire opened at about a mile's distance, with a few shots from the eigh- teen-pounders. The men-of-war immediately moved their stations and fell back opposite Sullivan's Island. Having successfully forced the British ships from their position, and obtained command of the cove so as to secure posses- sion of Sullivan's Island, the next move was to erect a fort there which would compel another move on the part of the fleet. A force of fifty men from each of the two regiments was, on the 10th of January, 1776, thrown upon the island for this purpose, the appearance of which accom- plished the purpose. As soon as the captains of the sloop of war discovered that the Carolinians had got possession of the island and were building a battery, they raised anchors and left the port, taking with them the last Royal Governor of South Carolina.
The day after, i.e. the 11th, two other British men-of-
1 Memoirs of the Revolution (Drayton), vol. II, 163-184.
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war, the Syren of twenty-eight and the Raven of eighteen guns, appeared off the bar and sent a barge in to procure intelligence.1 The boat was fired upon from Fort John- son. Finding that the fort was in the possession of the provincials, and that the sloops of war had departed, the boat returned to the British ship over the bar, threatening, however, to come back with the first fair wind and tide.
1 Memoirs of the Revolution (Drayton), vol. II, 164, 165.
CHAPTER VI
1776
THE Provincial Congress which had adjourned on the 29th of November, 1775, now met on the 1st of February, 1776, and soon after Henry Middleton, John Rutledge, and Christopher Gadsden returned from Philadelphia and presented a manuscript copy of the journal of the Conti- nental Congress up to that time.
The colonies had defied and overthrown the Royal and Proprietary governments, but as yet they had set up no formal government in their stead. The Continental Con- gress had assumed and exercised several powers which were incidental only to sovereignty. It had issued money, issued letters of marque and reprisal, and organ- ized armies, but as yet there was no executive or organized government. Nor was there any more formal govern- ment in the several colonies themselves; there was no governor, nor courts, nor judges. Provincial congresses or assemblies governed the various colonies by commit- tees and councils.
The first Congress, or Convention, in South Carolina which had assembled on the 6th of July, 1774, under the Exchange, had been summoned by a number of " principal gentlemen " of Charlestown to whom the Boston circular had been sent, and they in their turn had summoned the " principal gentlemen " in other parts of the province, who were in accord with the movement, and they or their friends had come. The body thus assembled had no constitutional authority whatever, nor was it a truly rep-
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resentative one. It was not the result of any general election or choice of the people. There had been no pre- liminary discussion or consideration whether or not they would have such a convention. It was indeed but a voluntary meeting of private citizens. This body had usurped the government and had by its general com- mittee actually governed the colony for six months, not- withstanding that Lieutenant Governor Bull was present nominally doing so. Then the General Committee had ordered an election which had been held under its aus- pices, and the Congress so chosen had ordered a second election, in August, 1775, which took place so far indeed as it was held at all, amidst the confusion and disturbances of the time; and at that election the members of the present Congress had been chosen. Of the merits of these elections we have spoken in a former volume.1 The body last elected and now sitting had, by its Council of Safety, general committees, and other committees and commis- sions, continued the exercise of the functions of govern- ment, and had administered the affairs of the province in defiance of the Royal authority. This condition of things Lord William Campbell had himself, to some extent, coun- tenanced ; for though after some vacillation he had refused to receive officially the address of the Congress as a body, upon his arrival he had, nevertheless, complied with its recommendations and commissioned officers of the volun- teer companies raised by it. On the other hand, the Council of Safety while carrying matters with a very high hand in most things were still chary in the exercise of prerogatives of sovereignty in matters which would
1 Hist. of So. Ca. under Roy. Gov. (McCrady), 755-762, 793. No Ms. journals of either of these bodies can be found. Our information in regard to them is derived from the Gazette, occasional printed extracts of journals, and Drayton's Memoirs.
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remain of record. Especially were they apprehensive that the giving of commissions, stamping and issuing money, and the giving orders to the military might thereafter be regarded as acts of treason, and as some of them often said they felt as if they were transacting busi- ness with halters about their necks -straining at this gnat they would not give commissions to the military officers, but certificates only. But now that Lord Will- iam Campbell, having first dissolved the General Assem- bly, had gone, taking with him the great seal of the province, and all the members of the Council having also departed, it became necessary to establish some more for- mal government.
As early as June 2, 1775, the Provincial Convention of Massachusetts had addressed a letter to the Continental Congress, setting forth the difficulties they had labored under for want of a regular form of government, and ask- ing its advice respecting the taking up and exercising the powers of civil government, and declaring the readiness of their people to submit to such a general plan as the Congress might direct for the colonies or themselves, to establish one for Massachusetts. The subject was one upon which there was great division of opinion, and was approached with dread and apprehension. John Adams declares that it was his opinion that Congress ought at once to recommend to the people of every colony to call such conventions immediately and set up governments of their own, under their own authority, for the people were the source of all authority and original of all power. He says that these were new and terrible doctrines to the most of the members, but that a few heard them with appar- ent pleasure, and none more than Mr. John Rutledge of South Carolina and Mr. John Sullivan of New Hampshire.
The letter of the Massachusetts Convention was referred
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in the Continental Congress to a committee of which John Rutledge was chairman, who, on June 9, reported a resolu- tion which was adopted, declaring that as the Governor and Lieutenant Governor of Massachusetts would not observe the directions of the ancient charter of that col- ony, they were to be considered as absent and their offices vacant ; and as there was no council there and the incon- veniences arising from the suspension of the powers of government were intolerable, especially at a time when General Gage had actually levied war and was carrying on hostilities against his Majesty's peaceable and loyal subjects of that colony : -
" That in order to conform as near as may be to the spirit and sub- stance of the charter it be recommended to the Provincial Convention to write letters to the inhabitants of the several places which are enti- tled to representation in Assembly, requesting them to choose such representatives and that the Assembly when chosen do elect coun- sellors, and that such Assembly or Council exercise the power of gov- ernment until a Governor of his Majesty's appointment will consent to govern the colony according to its charter." 1
Mr. Adams represents John Rutledge as agreeing with him in his desire to have separate and independent gov- ernments set up. This proposed scheme of government it will be observed, however, was but a temporary one. It looked to a future reconciliation, and was to last only until a governor of his Majesty's appointment would con- sent to govern the colony according to the charter of the colony.
The subject was again renewed in the Continental Con- gress in October upon the presentation by the delegates from New Hampshire of their instructions to obtain the
1 Printed Extracts from Journal of Provincial Congress of So. Ca .; The Life and Works of John Adams, vol. III, 13, 17 ; Marshall's Life of Washington, vol. II, 220, 221.
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advice and direction of the Congress with respect to a method of administering justice and regulating civil affairs, when John Rutledge, who, Mr. Adams says, was then completely with him in his desire to revolutionize all the governments, brought forward immediately some rep- resentations from his own State, and submitted several papers relating to the subject. These were referred to a committee of which Mr. Harrison of Virginia was chair- man, and upon their report on the 4th of November it was -
" Resolved, that if the convention of South Carolina shall find it necessary to establish a form of government in that colony, it be recommended to that convention to call a full and free representation of the people, and that this said representation, if they think it neces- sary, shall establish such a form of government as in their judgment will produce the happiness of the people and most effectually secure peace and good order in the colony during the continuance of the present dispute between Great Britain and the colonies." 1
Mr. Adams represents that this resolution was carried through by Mr. John Rutledge and himself, that while it was under consideration he labored to expunge the words " colony " and "colonies," and insert the words "State " and "States," and to have the word " dispute" to make way for that of "war "; "but," he adds, "the child was not yet weaned." 2 We may be quite sure that John Rut- ledge did not go with him in his efforts to have these changes made, nor can we believe that he was for "revo- lutionizing all the governments." We shall soon see him expressing himself most strongly upon this subject, and insisting that the government set up under this resolu- tion of the Continental Congress was but a temporary
1 Memoirs of the Revolution (Drayton), 171. Printed Extracts from Journal of Provincial Congress of So. Car., 21.
2 Life and Works of John Adams, vol. III, 20, 21.
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one, "until an accommodation of the unhappy differ- ences between Great Britain and America can be ob- tained."
The Continental Congress apparently understood the condition of things in South Carolina, and was appre- hensive of the danger and insecurity of a government organized by but a few individuals, "principal gentlemen " though they might be, without the popular assent ascer- tained in some more direct and authoritative manner and in which so large a part of the province was practically without representation ; it had therefore recommended, as we have seen, that if the Convention of South Carolina should find it necessary to establish a form of government, that it " call a full and free representation of the people " to "establish such a one as in their judgment would best produce the happiness of the people and most effectually secure peace and good order in the colony during the continuance of the present dispute between Great Britain and the colonies." On the 3d of February, 1776, this resolution of the Continental Congress was referred to a committee consisting of the members of the Council of Safety, to whom were added William Henry Drayton, of course, and Colonel George Gabriel Powell and Major Charles Cotesworth Pinckney.
On the 10th of February Colonel Laurens from this committee brought in a report, and an attempt was made to secure its immediate consideration ; but many members opposed such hasty action ; some because they were not prepared for so decisive a measure, and others on the broader ground which had been suggested by the resolu- tion of the Continental Congress that the present members were not vested with that power by the people. In this debate Colonel Gadsden, having brought the first copy of Paine's pamphlet entitled Common Sense, boldly declared
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himself not only in favor of setting up a government, but for the absolute independence of America.
This declaration, says Drayton in his Memoirs, came like an explosion of thunder upon the members. There had been no intimation of such a purpose, there was nothing in the resolution of the Continental Congress upon which the report for a form of government was grounded to suggest such a purpose. That the contro- versy with the mother country might lead to such a revolutionary attempt had been anticipated and dreaded by many from its very inception, but few at the time were prepared to meet the issue. John Rutledge warmly reproved Colonel Gadsden, pronounced the opinion trea- sonable, and declared he abhorred the idea ; he was willing, he said, to ride post by day and night to Philadelphia to assist in reuniting Great Britain and America.1 Paine, the author of the pamphlet, was denounced and cursed. Even the few who were ready for independence regretted Gadsden's sudden and inopportune declaration. The Congress, however, in committee of the whole, agreed to report "that in their opinion the present mode of con- ducting affairs is inadequate to the well governing the good people of the colony ; and many regulations are wanting for securing peace and good order during the unhappy disputes between Great Britain and the colonies ; and that the Congress should immediately take under consideration what regulations are necessary for these good purposes." 2
On the next day the report was unanimously confirmed. It expressly negatived, it will be observed, the idea of inde- pendence, declaring that the regulations to be adopted were only intended to secure peace and good order dur-
1 Drayton's Memoirs, vol. II, 172; Johnson's Traditions, 41.
2 Printed Extracts from Journal, 25.
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ing the unhappy dispute between Great Britain and the colonies. A committee of eleven was chosen by ballot to prepare and report such a plan or form of government. The committee as composed, represented all shades of opinion, but the Conservative party had a decided majority upon it. Charles Cotesworth Pinckney, who had as yet taken no decided position with either party, but was already in the military service, ready for war if necessary, was made chairman. The moderate men were represented by John Rutledge, Charles Pinckney, Henry Laurens, Rawlins Lowndes, Henry Middleton, Thomas Bee, and Thomas Heyward, Jr. The extremists by Christopher Gadsden and Arthur Middleton, with Thomas Lynch, Jr., disposed to act with them.1
The committee having reported, the Congress on the 5th of March took up the matter for consideration. Mr. Lowndes and those who were with him in opinion ear- nestly strove for putting off what they thought the evil day. They urged that the recommendation of the Con- tinental resolution should be observed, and that "a full and free representation of the province " should be sum- moned to consider so important a measure as the adoption of a new form of government, even though it should be but a temporary one. To this sound objection was answered the usual argument of those in power. They said that the Congress only aimed at the happiness and good order of the colony, of which they were as com- petent to judge as others ; that they constituted as full and free a representation as if a new Congress was called, and that time pressed, and they had none to lose.
The extreme conservatives fought the plan of govern- ment proposed step by step, and made every effort for
1 Printed Extracts from Journal, 26, 27; Memoirs of the Revolution (Drayton), vol. II, 174.
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postponing its consideration, but without avail. The 8th of March was finally determined upon when the Congress would take the matter into consideration in committee of the whole. From that day until the 21st of March it was discussed day by day. To avoid using the same titles as those under the Royal governments, the style of a President was substituted for Governor, and that of Vice President in the place of Lieutenant Gov- ernor. It was decided that this Congress was "a full and free representation of the people," and was thence- forth to be deemed and called the General Assembly of South Carolina. A Legislative Council of thirteen mem- bers was substituted for the former King's Privy Council, and the Vice President was to be a member and President of it. The legislative authority was vested in the General Assembly and the Legislative Council ; an assembly was to be elected every two years.
There was a struggle over the clause that this Congress being "a full and free representation of the people shall henceforth be called the General Assembly of South Caro- lina," but after some debate the opposition to it was defeated. No division appears to have been had on this question, so that we have no record of the numbers vot- ing, but upon one just after, in relation to the Legislative Council, the Congress divided, by which it appeared that but seventy members out of a body consisting of one hundred and ninety voted. What had become of all the other members ? Had they been warned that so impor- tant a measure would be introduced ?
With less than two-fifths of the House apparently pres- ent, less than a fourth of its members declare that being " a full and free representation of the people," they shall henceforth constitute a regular government. Well might Mr. Lowndes strive to postpone action, and induce those
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gentlemen of the Low Country to allow a representative body to be called before this attempt was made to set up a government over the whole province. Colonel Richard- son had just returned from his triumphal progress through the upper section : was not this the very time to have called upon the people of the whole province to take part in inaugurating a regular, if but a temporary, government ? Had Gadsden and Drayton and Middleton listened to the advice of the Continental Congress and to the pro- test of Mr. Lowndes, the fratricidal strife which followed might possibly have been averted. Of their motives we have now no sufficient data to form a correct opinion. That Christopher Gadsden was a true patriot and a sincere man there can be no doubt, but his wisdom as a leader must be seriously questioned, even if our con- sideration is restricted to this question alone. It was alike an opportunity and a necessity that in setting up this new government all parts of the province should be fully and freely consulted, and represented. But these gentlemen, the leaders of the Revolutionary party, could not realize that in the twenty years since Braddock's defeat another people had come into the province, who now far outnumbered those on the coast.
The moderate men had fought this proposed constitu- tion step by step and might have defeated it, for they were continuing their opposition to it, when, on the 21st of March, an express brought from Savannah a copy of an act of Parliament passed on the 21st of December, 1775, which had just arrived there, declaring the colonies in actual rebellion, authorizing the capture of American vessels, and legalizing all seizures of the persons and property and of damages done to the colonies before the passing of the act. The receipt of this act silenced, in a great measure, the opposition, and greatly advanced the
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measures of the Revolutionary party. On the 24th John Rutledge, from the committee to prepare a plan or form of government, made another report, greatly enlarging the preamble to the proposed constitution as to American grievances and British oppressions. The original pre- amble which had been reported by the committee was a short one, it being deemed unadvisable to go too much into the details of grievances about which there was so much difference of opinion. But the arrival of this act of Parliament warranted, even in the eyes of moderate men like John Rutledge, more decisive action. The preamble reported, which is in his handwriting, reiterates at length the causes of difference between the mother country and the colonies ; and declares that since Lord William Camp- bell, the late Governor, had dissolved the General Assem- bly on the 15th of September, and no other had been called, although by law the setting and holding of general assem- blies could not be intermitted above six months, and had withdrawn himself from the colony; and since the judges of the courts of law had refused to exercise their respec- tive functions, it had become indispensably necessary that during the present situation of American affairs, and until an accommodation of the unhappy differences be- tween Great Britain and America could be obtained, " an event which though traduced and treated as rebels we still earnestly desire," some mode should be established by common consent and for the good of the people - the origin and end of all government for regulating the internal polity of the colony. Thereupon, it was first resolved " 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 twenty-first day of Octo- ber next and no longer." Provision was made for the elec-
VOL. III. - I
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tion of a Legislative Council by the General Assembly out of their own body, and of a President and Vice President, and the legislative authority was vested in the Presi- dent, General Assembly, and Legislative Council. A new election was to be held on the last Monday in October following, and on the same day in every second year thereafter for members of the General Assembly to meet . on the first Monday in December, and to continue for two years. The number of the General Assembly as fixed by this constitution was two hundred and two. Of this number the parishes of St. Philip's and St. Michael, which composed Charlestown, were allotted thirty mem- bers, and the other eighteen parishes, excluding St. Mark's, six each. The Low Country, then, was to have one hun- dred and thirty-eight members, more than two-thirds of the whole number of representatives. To the rest of the prov- ince sixty-four members were allowed. The district east- ward of the Wateree, that is, what had been known as St. Mark's Parish, now the counties of Clarendon, Sumter, Ker- shaw, and Lancaster, was allowed ten members; Ninety- Six, ten; Saxe-Gotha, six. The district between the Broad and Saluda, that is, the present counties of Newberry, Laurens, Union, and Spartanburg, was allowed twelve. That between the Broad and Catawba, that is, the present counties of Richland, Fairfield, and Chester, was allowed ten. The New Acquisition, that is, the present county of York, was allowed ten. The district between the Savan- nah and North Edisto, the upper part of what had been included in Prince William's Parish, now the counties of Barnwell, Aiken, and Edgefield, was allowed six members.
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