USA > South Carolina > The history of South Carolina under the proprietary government, 1670-1719, V.2 > Part 20
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Mr. Yonge arrived in London in the month of May, 1719. His mission was not, however, to the Board of Trade and Plantation or to assist Mr. Boone in his ap- peals to that body. It was rather to save the Proprietors from their interference that he had crossed the ocean. Immediately, therefore, upon his arrival he sought to obtain an audience of their Lordships.
The Board of Proprietors at this time consisted of but four members in their own right : Lord Carteret, the Pal- atine, the Hon. Maurice Ashley, Sir John Colleton, and John Danson. The minor Duke of Beaufort, as we have seen, was represented by the Hon. James Bertie ; the minor Earl of Craven, by Fulwar Skipwith; the minor Joseph Blake in Carolina had no representative : and the original share of the Earl of Clarendon, which stood in the name of Nicholas Trott, of London, was still unrepre- sented, as the other Proprietors refused to recognize his title. It so happened that just at this time Lord Car- teret, the Palatine, was about to begin his brilliant career as a diplomatist, and was preparing for his first embassy, - that to Sweden. In the careless arrogance of his character, it was scarcely to be expected that at such a time he would waste his thoughts upon the disagreeable affairs of Carolina. And so it happened that there was a repetition of the circumstances that, twenty-four years be- fore. attended the efforts to obtain a meeting of the Lords Proprietors to send out one of their number to Carolina to settle the disturbed condition of affairs that then ex-
1 Public Records of So. Ca., vol. VII, 125 et seq.
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isted in the colony. Then it will be remembered that weeks were spent before a quorum could be got together, and that in the end a quorum was only made by admit- ting to seats both Archdale and Amy, with their doubtful and conflicting titles. The business of the Proprietors had since been still more loosely conducted. Meetings of their Lordships-the Palatine Court, as it was at first grandiloquently styled-had been entirely neglected and dispensed with. Everything was left to the Secretary, Mr. Shelton, and Mr. Shelton was the friend of Trott and Rhett. He received and read the dispatches, and. it was charged, misrepresented their contents in the interests of his friends in Carolina. He drew the papers and instruc- tions in reply, and carried them round to such of the Pro- prietors as were in London, or sent them by post to those who were not in town. It was not to be supposed that under these circumstances Mr. Yonge would easily obtain the audience he desired. Lord Carteret, to whom he ap- plied as Palatine, referred him to the other Proprietors. Having waited on them two or three times, he seems at last to have obtained a meeting of some of them, to whom he submitted a memorial.
This memorial, set out his commission from the Gov- ernor and Council of South Carolina to lay before their Lordships not only the several acts of Assembly passed at its last sessions for their approbation, but also to inform their Lordships of the reasons which induced the Gov- ernor and Council to defer dissolving the Assembly pur- suant to their commands, and to lay before them the communication which had passed between the Governor and his Council on the one hand. and the Commons House of Assembly on the other, touching their Lordships' right of repealing laws ratified and confirmed by their Lord- ships' deputies. He presented, therefore, the speech made
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by Mr. Chief Justice Trott, at the general conference of both Houses. and the Commons' answer thereto, with the several messages which passed between them, which he hoped would show that no arguments or endeavors were wanting on their part to assert their Lordships' right of repealing laws not ratified by themselves.
He represented to them that the Governor and Council would not have allowed this opportunity of disputing their Lordships' powers. but would have dissolved the Commons according to their commands, had it been pos- sible to have done so, without the greatest injury to the country and to the merchants and other persons who had voluntarily furnished, or from whom necessary things had been pressed, for fitting out the two expeditions against the pirates, which amounted to £10.000, and for which the Commons had provided the payment, which it could not be expected another House would again agree to, considering the ill-humor their dissolution was likely to create. He represented that the repeal of the Imposition act. the duties of which were applied to the payment of the clergy, the maintenance of the garrison. and the pay- ment of several public debts, left them no means of meet- ing orders which had been drawn, on the faith of that act. to the amount of £30,000. The enforcement of the re- peal of the Indian Trading act might have brought those people down on the settlements and have occasioned an- other Indian war. It was absolutely necessary to provide some other means of sinking the €35.000 in bills of credit, since the act to do so had been repealed.
The above reasons. Mr. Yonge said, they presumed would convince their Lordships that the Governor and Council could not then immediately dissolve the Assem- bly, which had but six weeks to continue by their biennial act. " And it is with some pleasure," continued Mr.
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Yonge, " that the Governor and Council can inform your Lordships that they think they have preserved any rights you were before possessed of, and at the same time have got such laws as with your Lordships' approbation will contribute much to settle the country, and give no offence to Great Britain."
Mr. Yonge then went on to explain several minor mat- ters. The Governor and Council had frequently urged the Secretary, Mr. Hart. to transmit to their Lordships copies of the laws passed as required by their instructions. so that they might approve or signify their disapprobation of them ; but Mr. Hart's difficulty was to get them tran- scribed, as the cost of doing so was £100 a year, besides books, pens. ink, and paper, while their Lordships' allow- ance to him for the whole was but £40. The Council. therefore, took the liberty of requesting their Lordships to augment the salary of the Secretary, or to allow a clerk. with competent salary, to attend the Council and transcribe such laws and other things necessary to be sent to them. Mr. Yonge stated further that the room the Council had sat in for the last four years belonged to Mr. William Gibbon, and they had promised Mr. Gibbon to ask for some compensation for its use ; and that the Council thought it not unreasonable to ask some allow- ance for themselves to defray the expenses they were at in attending the Council, Court of Chancery, and Assem- bly, which took up one-third part of their time.
He was also directed to move their Lordships to pro- cure custom house officers at the port of Beaufort, that town increasing very much in inhabitants, and it being a very great discouragement to them that they were obliged to bring all their produce to Charles Town.
It was the humble request and advice of the Governor and Council, as a thing that would lay a very great obli-
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gation on the country in general. that their Lordships would grant 6000 acres of land gratis to the public for the use of three garrisons-at Savannah Town, the Congarees, and the Apalachocoles ; and that some part of the land to the northward might be granted and disposed of on the same terms as the Yamassee lands in order to the settling and peopling the frontiers north and south.
As these, his memorial said, would be very great concessions which they hoped would dispose the people to make their Lordships such returns of duty and respect as they wished had always been done, and contribute to the peopling of the country, so they also hoped their Lordships would secure and preserve them in their properties (a much greater encouragement than all the rest) by putting it in their power to assert their undoubted right of appealing from any erroneous judg- ments in law, which right they are now debarred by the sole judicial power being lodged in the hands of Mr. Chief Justice Trott in the King's Bench, Court of Pleas, Court of Admiralty, and Court of Chancerv; a trust never reposed in any one man before in the world, and which the General Assembly had desired them to join in asking their Lordships to remedy.
With the memorial Mr. Yonge delivered a letter from Governor Johnson, the articles of complaint against Chief Justice Trott. and an address from the Governor, Council. and Assembly that he might be removed or at least restricted to one single jurisdiction ; also several acts of Assembly, one of which was for the better recovery of their quit-rents, with clause making it of no force unless approved by their Lordships.
Mr. Yonge was kept three months dangling in attend- ance upon their Lordships in the hope of satisfying them in anything they might have occasion to have
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inquired into concerning the condition of the country, or the best means to allay the discontent and reconcile the people to their authority, which he complains was no more than he might have expected since they had done him the honor to appoint him their Surveyor General and one of their Council, since also "he had sailed five or six thousand miles for their service" as the Governor and Council had desired him. The Proprietors, or rather such of them as were managing affairs, took, however, a very different view of his embassy. He was given to understand that the business on which he was sent was extremely disagreeable to them ; that both the trouble he had taken and the office he had accepted, as agent for the people, were inconsistent with his duty as one of their deputies, bound to act agreeable to their instructions.1 They declared their displeasure with the members of the Council who had joined the Lower House against Trott and, to manifest how much they resented their conduct, they broke up the present Council and appointed another. consisting of twelve instead of the former number of seven. who, with the Governor as the deputy of the Pala- tine. represented the other seven proprietorships. In the new Council those who had joined in the complaint against Trott. viz. Colonel Thomas Broughton, the Gov- ernor's brother-in-law, Mr. Alexander Skene, and Mr. James Kinloch, were left out, and one of the Proprietors told Mr. Yonge that he had also been left out but was retained in respect to Lord Carteret, who was his patron.2 This much Mr. Yonge appears to have learned. For the rest he was dispatched back to Carolina with sealed packets, amongst which, upon his arrival, was found the following letter to the Governor :
1 Hewatt's Hist. of So. Ca., vol. 1, 245.
2 Hlist. Sketches of So. Cu., 294.
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"Sir. We have receiv'd and perus'd your Letters and all your Papers deliver'd us by your agent Mr Yonge and though we are favourably inclin'd in all our Thoughts relating to our Governor, yet we must tell you we think you have not obeyed your Orders and Directions given to you to Dissolve that Assembly and call another forthwith according to the ancient Usage and Custom of the Prov- ince : and to publish our Repeals of those Acts of Assembly immedi- ately upon the receipt of our Orders aforesaid: But we shall say no more upon the subject now, not doubting but our governour will pay a more punctual obedience to our Orders for the future.
" The Lords Proprietors Right of Confirming and Repealing Laws was so particular a Privilege granted to them by the Crown that we can never recede from it; and we do assure you that we are not a little surprised that you should suffer that prerogative of ours to be disputed.
" We have sent you herewith an Instruction under our Hands and Scals nominating such persons as we think fit to be of the Council with you six whereof and yourself and no less Number to be a Quorum. Upon your Receipt of this we hereby require you to summon the said Council that they may qualify themselves according to Law and immediately sit upon the Dispatch of business.
" We also send you the Repeal of the Acts of Assembly which we Order you to publish immediately upon the receipt of this.
" We do assure Mr Johnson that we will stand by him in all Things that relate to the just Execution of his Office and we are Confident that he will perform his duty to us and support our Power and Pre- rogatives to the best of his Abilities.
" If the Assembly chosen according to your pretended late Act is not dissolv'd as we formerly Order'd and a New Assembly Chosen pursuant to the Act formerly confirm'd by the Proprietors you are forthwith Commanded hereby to dissolve that Assembly and to call another, according to the above mention'd Assembly so we bid you Farewell."
Lord Carteret's name was put to this document, not by himself. - he was absent on his mission to Sweden, - but by Mr. Ashley, who had a power to act for his Lordship. Mr. Bertie signed for the minor Duke of Beaufort. The other signatures were those of Maurice Ashley, Sir John Colleton, and John Danson; and so this fatal act was,
2 T
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in fact, the act of but three of the actual Proprietors. and those the least influential of any who had been Proprietors of the province.
With this letter they sent the instrument mentioned in it, under their hands and seals. appointing the twelve members of the new Council. These were William Bull, Ralph Izard. Nicholas Trott, Charles Hart. Samuel Wragg, Benjamin De La Consiliere, Peter St. Julien, William Gib- bon, Hugh Butler. Francis Yonge. Jacob Satur, and Jonathan Skrine.1 They now, also, again repealed the Duty act and the other objectionable measures, and, instead of granting land for the use of the garrisons. they gave strict orders that no more land should be granted to any person whatsoever, but ordered fifteen baronies. each consisting of 12,000 acres. to be laid out for their own private use as near as might be to Port Royal. The complaints against Trott they sent to him that he might answer them, and with them a letter of thanks for the speech he had made at the conference of the two Houses. in support of their right to repeal what laws they chose.2
Governor Johnson was in a most humiliating position. The result of Mr. Yonge's embassy was a severe repri- mand and peremptory orders to obey his instructions- instructions which he well knew would endanger the authority of the Proprietors. But. brave as he had shown himself against the pirates, he quailed before the insignificant men who now recklessly controlled the Pro- prietary Government. "Assured," says Yonge, " that Mr. Trott was to rule the Province tho' he had the name of it .. . he resolved for the future to act by his and the new Councils advice that they might be answerable
1 Hist. Sketches of So. Ca . 203, note. 2 Coll. Hist. Soc. of So. Ca., vol. 1, 195.
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for any ill effects their future councils and transactions might produce." In pursuance of his orders, he called his new Council and qualified such of them as would serve. Who they were who refused to quality is not certainly known ; but. from subsequent proceedings, Bull. Izard. Hart, De La Consiliere, Butler, and Satur, with Trott. appear to have qualified. The Governor declared the three acts repealed, and by proclamation dissolved the Assembly and called a new one. to be chosen at Charles Town as before the act of 1716.
"Thus," says Yonge, "the People were irritated and heated to a violent Degree, and the Basis of all Govern- ment being either Love Fear or Interest or perhaps any two, or a Mixture of all the three, but in this there was neither one nor the other ; for they thought they had no Reason to love the Proprietors who not only refused them Justice but protected and countenance'd an Evil Minister in an Office which most immediately affected their Lives and Properties. who refused to part with the Unculti- vated Lands either for the Public or any Private use but their own; tho' it is apparent by their Charter it was granted to them to be disposed of in such a Manner as to encourage his Majesty's Subjects to go over and settle there and to extend his Dominions; and they had just before promis'd it in Tracts of 200 Acres to new Comers. on which Promise several Hundreds had come from Ireland. but could not have a Yard of Land to settle on when they came, and this notwithstanding the Country had been put to the Expense of paying some thousands of Pounds for their Passage to Carolina. so that thus the Number of Inhabitants could not be increas'd nor their Frontiers strengthened, neither would they allow them the Freedom they desir'd, and what was the Practice of other Colonies in chusing their Repre-
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sentatives nearest the methods used in England, which . their Laws are to be by the express Words of the Charter. Another reason for their not loving the Pro- prietors is the same that made them not fear them i.e. their Inability to succour and protect them, either from their own Intestine Enemies, the Indians, or from the Spaniards with whom at that time there was a War ; for it is very natural to think that if they could not send Forces to assist them, it would be as difficult to correct them; and lastly they judg'd it plainly their Interest to be under the Crown who could and would protect them, and also (as they hoped) to put them in the same Circumstances with his Majesty's other Colonies in America who they found had proper Assistance from the Crown. As there was therefore neither Fear. nor Love. nor Interest to support the Government how could it long subsist ?"
CHAPTER XXIX
1719
THE Governor had called the new Assembly according to his instructions to be chosen at Charles Town. But now Colonel Rhett and the Chief Justice found them- selves mistaken in supposing they could continue their old influence to have such members chosen as they desired, even though the election was held for their convenience in the town and under their immediate supervision. It proved quite the contrary. They could not get so much as a single member chosen in their interest. The people were so incensed against the Lords Proprietors that it had become dangerous to say anything in their favor.
To complicate matters still further, a rupture having taken place just before this between the courts of Great Britain and Spain, a project for attacking South Carolina and the Island of Providence was formed at Havana. The time for the meeting of the new Assembly had not yet arrived ; but, learning of this threatened invasion, Governor Johnson felt himself obliged to call his Council and such of the newly elected members of the Assembly as he could get together. These he informed of the advices he had received, and appealed to them to con- sider the ill condition of the fortifications and the neces- sity of immediately repairing them. This he proposed to do by voluntary subscription until the Assembly could provide for the work, and to show an example he himself
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subscribed £500. The members of the Assembly replied that there was no occasion for this irregular and ineffi- cient means of providing the funds necessary; that the Duty act would amply supply them. The Governor re- minded them that that law was repealed. To this answer was made that the Public Receiver was ordered to sue any man that refused to pay as that law directed, its repeal not being recognized. Mr. Chief Justice Trott here interposed and announced that if any such action was brought in his courts, - for so he always spoke of the courts of the province, - he would give judgment for the defendant. The conference broke up without doing any- thing. the members of the Assembly determining rather to run the risk of the Spaniards than to acknowledge a right in the Proprietors of repealing their laws. Failing to obtain support from the civil branch of his govern- ment. the Governor turned to the military. He sum- moned the field-officers of the militia, to give them orders for a review of their regiments and to determine upon a rendezvous in case of the approach of the Spaniards. The officers received their orders as usual, and mustered their regiments at the time appointed. This afforded the very opportunity the leaders of the people had desired. Articles of an association had been prepared in advance. and when the militia assembled, it was signed almost without exception. The whole province was brought into a confederacy against the Proprietors without the knowledge of the Governor.
Among those elected to the new House of Assembly was Alexander Skene, who had been in the Conneil, and was one of those who had been removed by the Proprie- tors for taking part in the remonstrance against Trott and Rhett. Mr. Skene had come from Barbadoes, where he had held a patent office. - the first of such appoint-
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ments in the government of that island. - that of Secretary of the colony and private Secretary of the Governor. A dispute had arisen between the Governor and himself as to his fees. upon which the Governor had claimed the right to nominate his own private Secretary. The dispute had lasted several years, but had been ultimately decided in Mr. Skene's favor, and Queen Anne's letters manda- tory had given him possession of all his rights and per- quisites as private as well as public Secretary.1 It might have been supposed that the Carolina colonists had enough experience in controversies to have been quite competent to manage such a business, but Mr. Skene. coming from Barbadoes, where he had so successfully withstood the Governor, " was looked upon as a man that understood public affairs very well." Considering himself ill-used by the Proprietors, he readily became a leader in this move- ment, and was zealous and active in pulling down the tottering form of their government. His experience and resolute character fitted him for planning and consum- mating a revolution, and he exerted especial influence in the private meetings of the members of the Assembly.
The first notice the Governor had of the certainty of the movement was by a letter of Mr. Skene, Colonel Logan, and Major Blakeway, dated November 28, 1719, in which they wrote they had no doubt that he had heard that the whole province had entered into an association to stand by their rights and privileges and to get rid of the oppression and arbitrary dealings of the Lords Proprietors. They assured him personally of the greatest deference and respect, and informed him that a committee of the people's representatives were last night appointed to wait upon his Honor that morning, to acquaint him that they were come to the resolution to have no regard to the Lords
I Hist. of Barbudoes (Boyer), 171, 196.
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Proprietors' officers nor other administration ; and withal to beg his Honor would hold the government for the King till his Majesty's pleasure be known. They went on to say that the great value the whole country expresses for his Honor's person makes them desirous of having nobody but himself to govern them.
"That we are of opinion," they said, " that your Honor may take the Government upon you, upon the offer of the People for the KING and represent the Proprietors, That rather than the whole Country should be in Confusion and want a Governing Power you held it for their Lordships; tho' you were oblig'd to comply with the Province who were unanimously of opinion they would have no Proprie- tors government."
They said they could wish for a longer and better oppor- tunity to explain the affair to him, but it was impossible. as the gentlemen would be with him in two hours at the furthest.
The Governor, who was at his plantation about five miles off when he received this letter, came immediately to town and summoned such of his Council as he could get together (these were Mr. Izard, Judge Trott, Mr. Hart, Mr. de La Consiliere, Colonel Bull. Mr. Butler, and Mr. Jacob Satur ), and informed them what he had heard and that he had met Mr. Skene and Mr. Brailsford, who told him that those who were to have waited upon him had changed their minds and gone to their respective homes. He asked the Council's opinion what was proper to be done. They unanimously advised him that, con- sidering the parties had altered their resolution of wait- ing on their Governor and gone home, no further notice should be taken of their proceedings until the Assembly met and the matter should be revived.
The gentlemen who were members of the new House
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continued privately to meet and to strengthen and establish the association, which now comprised almost every one in the province, "except some few who more immediately belonged to the Proprietors." Having thus fortified themselves by the consent of the people, they met according to the tenor of their writs on the 10th of December, 1719. and the Governor sending them a message, as usual, that he was ready with the Council to receive them and to order them to choose a Speaker. they came in a body : whereupon Mr. Middleton delivered himself in the following manner :-
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