USA > South Carolina > The history of South Carolina under the proprietary government, 1670-1719, V.2 > Part 21
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"I am order'd by the Representatives of the People here present to tell you, that according to your Honour's order we are come to wait upon you : I am further Order'd to acquaint you. that we own your Honour as our Governour, you being approv'd by the King ; and as there was once in this Province a legal Council Represent- ing the Proprietors as their Deputies, which Constitution being now alter'd, we do not look upon the Gentlemen present to be a legal Council ; so I am order'd to tell you, That the Representatives do disown them as such and will not act with them on any Account."
This speech was delivered in writing at the Governor's desire and signed by Mr. Middleton, as President, and twenty-two more of the Assembly.
Anticipating a dissolution. this body had resolved, prob- ably before presenting the address. that the three laws which the Proprietors had repealed when they had ap- pointed the new Council -to wit, (1) the act declaring the right of the House of Commons to nominate a Public Receiver; (2) the act laying an imposition on importa- tions; and (3) the act for electing the representatives by parishes - were still in force an I could not be repealed but by the General Assembly. They also resolved: -
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"That the Writs whereby we the Representatives here met were elected are illegal: First Because they are sigu'd by such a Council as we conceive, the Proprietors have not a power to appoint.
"Secondly for that their Council does consist of a greater Number of Members than the Proprietors them- selves are which we believe is contrary to the Design and original Intent of their Charter, and approaching too near the Method taken by his Majesty and his Predecessors in his Plantations whom they might not pretend to imitate or follow. His Majesty not being confin'd to any Number in his Council in his Plantations but as he thinks fit him- self; but the Proprietors as subjects, we believe are bound by a Charter.
" Thirdly were there no Doubt of the Legality of the Council yet according to the Proprietors Instructions. there was not a sufficient Number to dissolve the last Assembly, one of the Council Signing being a Foreigner, not Naturalized. and consequently not capable of doing any Act of Government in any of the British Dominions and expressly contrary to the Lords Proprietors Charter ; and a high Act of Presumption in them thus to impose upon His Majesty's Free People of the Province for the aforesaid Reasons."
They further resolved : "That we cannot Act as an Assembly but as a Convention delegated by the People to prevent the utter Ruin of this Government if not the Loss of the Province, until His Majesty's Pleasure be known.
" That the Lordx Proprietors have by such their Pro- ceedings unhing'd the Frame of Government and for- feited their Right to the same : and that an Address be prepared to desire the Honourable Robert Johnson Erg. our present Governor to take the Government upon him
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in the King's name. and to Continue the Administration thereof until His Majesty's Pleasure be known."
These bold proceedings were well calculated to alarm the Governor. and there was consternation in his Council. and doubt as to their course ; were rough or gentle means to be used ? Trott quailed before the people, and, with a majority of the Council, advised that the defection was too general to admit the use of any other means than mild expostulations. If these failed, then the Assembly might be dissolved, which would make them disperse, and so put an end to the dispute for the present. But, in that case, how could money be raised to prepare for the Spaniards. who were daily expected? The Lords Proprietors had repealed the duty law, which repeal they were bound to respect. The result of these deliberations was a message to the Commons that the Governor and Council desired a conference with them. The Commons answered that they would not receive any message or paper from the Governor in conjunction with the gentlemen he called his Council. Thus constrained, the Governor sent for them in his own name, and delivered them a long and earnest speech, pleading and arguing with them, and threatening them ; but all in vain. The Assembly was neither to be shaken by persuasion. nor intimidated by threats. In the course of this speech, the Governor said : -
"I do require and Demand of you therefore and expect you to Answer me in plain and positive Terms Whether you own the Authority of the Lords Proprietors as Lords of this Province, and having Authority to Administer or Authorise others to Administer the Government thereof : saving the Allegiance of Them and the People to His Most Sacred Majesty King George? Or Whether you abso- Intely renounce all Obedience to Them and Those Com- mission'd and Authoris'd by Them? Or Whether you
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admit their General Power and only dispute that particu- lar Branch of their Authority in Constituting a Council after the Manner they have now done? "
The Commons did not long consider this lengthy speech. which was delivered to them in writing, but soon returned with the following message : -
" We have already acquainted you. That we would not receive any Message or Paper from your Honour in Con- junction with the Gentlemen you are pleas'd to call your Council ; therefore we must now again repeat the same. and beg Leave to tell you, That the Paper your Honour read and deliver'd to us we take no Notice of. nor shall we give any farther Answer to it, but in Great Britain."
Immediately after, the Commons, however, returned with another address to the Governor, assuring him of the universal affection. deference, and respect the inhabitants throughout the whole country bore to his Honor's person. and their desire for a continuance of his gentle and good administration ; "and since we," they said, "who are entrusted with and are the Assertors of their Rights and Liberties are unanimously of Opinion, that no Person is fitter to Govern so Loyal and obedient a People to his Sacred Majesty King GEORGE so we more earnestly desire and entreat your Honour to take upon you the Govern- ment of this Province in his Majesty's name 'till his Pleas- ure shall be known, by which Means we are convinced that this (at present) unfortunate Colony may flourish as well as those who feel the happy Influence of his Majesty's immediate Care.
" As the Well being and Preservation of the Province." they continued. " depends greatly on your Honour's com- plying with our Requests so we flatter ourselves that von who have express'd so tender a Regard for it on all Oeva- sions and particularly in Hazarding your own Person in
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an Expedition against the Pirates for its Defence. an Example seldom found in Governors; so we hope. sir, that you will exert yourself at this Juncture for its Sup- port ; and we promise your Honour on our Parts the most faithful Assistance of Persons duly sensible of your Hon- our's great Goodness, and big with the Hopes and Expec- tations of his Majesty's Protection and Countenance.
"And we farther beg Leave to assure your Honour that we will in the most Dutiful Manner Address His Most Sacred Majesty King GEORGE for the Continuance of your Government over us under whom we doubt not to be a Happy People."
To this appeal. which was doubtless made in all sin- cerity. for both the present Governor and his father. Sir Nathaniel Johnson, were endeared to the people by distin- guished and heroic services, the Governor returned the following answer : -
"Gentlemen - I am Oblidg'd to you for your good Opinion of me ; but I hold my Commission from the true and absolute Lords and Proprietors of this Province who recommended me to His Majesty, and I have His Appro- bation: it is by that Commission and Power I Act, and I know of no Power or Authority can dispossess me of the same. but only those who gave me those Authorities. In Subordination to them I shall always Act, and to my itmost maintain their Lordships just Power and Preroga- tives without encroaching on the People's Rights and Privileges. I do not expect or desire any Favour from yon only that of seriously taking into your Consideration the approaching Danger of a Foreign Enemy and the Steps you are taking to involve yourselves and this Prov- ince in Anarchy and Confusion."
That afternoon the Governor issued a proclamation dissolving the Assembly; but the Convention, as the
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Assembly now called themselves. following the precedent established in England by Parliament upon the abdication of James, ordered the proclamation torn from the Mar- shal's hands, and issued a proclamation in their own names. which directed all officers, civil and military, to hold their offices and employments until further orders from them. Finding that Governor Johnson would not come into their movement, they resolved to have a Governor of their own choosing. and Colonel James Moore, who was commander-in-chief of the militia in the late Indian War. but had lately been removed for his active opposition to the authority of the Proprietors, was chosen.
On Monday, the 21st of December, 1719, Governor Johnson, having been informed that the Convention in- tended to proclaim their Governor in the King's name, came to town and wrote circular letters to his Council to meet him ; but they did not respond. The Governor had previously had a conference with Colonel Parris, the commanding officer of the militia of the town, upon whose support he relied. and because of the advice he had re- ceived from Havana, had ordered the town companies to be reviewed on this day, the 21st. Finding, however, that the members of the Convention had availed them- selves of this opportunity, and had determined upon that day to proclaim their Governor, when the people should come together with arms in their hands, he had. on the Saturday before, countermanded the order for the review. and had given particular orders to Colonel Parris that he should not suffer a drum to be beat in the town. The Governor understood that he had assurances from Colonel Parris that his orders should be obeyed. He was greatly surprised, therefore. when. upon coming into town early on Monday morning, he found the militia drawn up in the market-place, with colors flying at the forts and on
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all the ships in the harbor, and the people, with great solemnity, preparing for proclaiming their Governor.
Upon this, Governor Johnson. amiable as he was, lost his temper and with it his dignity. Advancing to Colonel Parris, he asked how he durst appear in arms contrary to his orders ? and commanded him in the King's name to disperse his men. Colonel Parris answered he was obey- ing the orders of the Convention, and the Governor ap- proaching, he ordered his men to present their muskets and bade him stand off at his peril. Governor Johnson hoped that some of the gentlemen would have joined him, but the defection was so general that there was hardly a man not in arms, and only one of his Council came near him. This was Mr. Lloyd, and he, it afterward appeared, was sent by the Convention party, under the guise of friendship, to be on hand to prevent any hot action to which the Governor might be provoked. Two days after- wards Mr. Lloyd was sworn into the new Council. Even Trott and Rhett, in this extremity, forsook the Governor and kept at a distance, the silent and inactive spectators of the ruin of the cause of the Proprietors they had done so much to promote.
The members of the Convention now appeared and marched to the Fort, and there proclaimed James Moore Governor of the province, in the name of the King. amidst the acclamations of the populace.
Upon their return, they proceeded to the election of twelve councillors, after the manner of the Royal Govern- ment. Of these Sir Hovenden Walker was made Presi- dent.1 The government thus established consisted of a
1 Sir Hovenden Walker had been an admiral in the British service and had commanded the naval part of the unsuccessful expedition sent out by St. John ( Bolingbroke) in 1711 for the conquest of Canada. England in the Eighteenth Century ( Lerky), vol. I. 115. He had been Deputy Governor of North Carolina. Colonial Records of No. Ca., vol. I, 529. This is his only public appearance in South Carolina.
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Governor, Council, and Convention ; but the Convention soon voted themselves an Assembly, and, as such, made laws and assumed the power of appointing all officers. Nicholas Trott was immediately removed. and Richard Allein was made Chief Justice. A Secretary and Provost Marshal were appointed, and it was declared that no one should be capable of bearing an office in the province who owned the authority of the Lords Proprietors except as to such offices as related to their own particular revenues and property. The persons holding such offices were Mr. Rhett and Mr. Yonge, the Receiver of the Proprietors revenues and the Surveyor General of the Proprietors' lands. Rhett thus escaped personally the effects of the revolution, which his conduct had done so much to bring about. Colonel John Barnwell was chosen agent for the province, and sent to England with instructions and or- ders to apply to the King and lay a statement of the pro- ceedings of the people before his Majesty, beseeching him to take the province under his immediate care.
In the meanwhile the Convention published the fol- lowing declaration of the causes which had led to the revolution : 1 __
" Whereas the Proprietors of this province have of late assumed to themselves an arbitrary and illegal power of repealing such laws as the General Assembly of the settlement have thought fit to make for the preservation and defence thereof and acted in many other things contrary to the laws of England and the charter to them and us free- men granted: whereby we are deprived for those measures we have taken for the defence of the settlement, being the south west frontier of his Majesty's territories in America, and thereby left naked to the attacks of our inveterate enemies and next door neighbors the Spaniards from whom through the divine Providence we have had a miraculous deliverance, and daily expect to be invaded by them according to the repeated advices we have from time to time received
1 Hewart's Hist. of So. Ca., vol. 1, 276.
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from several places : And whereas pursuant to the instructions and anthorities to us given, and trust in us reposed by the inhabitants of this settlement, and in execution of the resolutions by us made we did in due form apply ourselves in a whole body by an address to the honourable Robert Johnson appointed Governor of this province by the Lords Proprietors and desired him in the name of the inhabitants of this province to take upon him the government of the same, and in behalf of his Majesty the King of Great Britain France and Ireland until his Majesty's pleasure had been known which the said Governor refusing to do, exclusive of the pretended power of the Lords Pro- prietors over the settlement, has put us under the necessity of applying to some other person to take upon him as Governor the administration of all the affairs civil and military within the settlement in the name and for the service of his most sacred Majesty, as well as making treaties alliances and leagues with any nation of the Indians until his Majesty's pleasure be further known: And whereas James Moore a person well affected to his present Majesty and also zealous for the interest of the settlement now in a sinking condition has been pre- vailed with pursuant to such our application to take upon him in the King's name and for the King's service and safety of the settlement the above mentioned charge and trust: We therefore whose names are hereunto subscribed. the Representatives and delegates of his Majesty's liege people and free born subjects of the said settlement now met in convention at Charles Town. in their names and in behalf of his sacred Majesty George by the grace of God King of Great Britain France and Ireland, in consideration of the former great confidence in his firm loyalty to our most gracions King George, as well as in his conduct, courage, and other great abilities; do hereby declare the said James Moore his Majesty's Governor of this settlement, invested with all the powers and anthorities belonging and appertaining to any of his Majesty's governors in America till his Majesty's pleasure herein shall be further known. And we do hereby for ourselves and in the name and on the behalf of the inhabitants of the said settlement, as their representatives and delegates, promise and oblige ourselves most solemnly to obey maintain assist and support the same James Moore in the administration of all affairs civil and military within the settle- ment as well as in the exception of all his functions aforesaid as Governor for his sacred Majesty King George. And further we do expeet and command that all officers both civil and military within the settlement do pay him all duty and obedience as his Majesty's Governor, as they shall answer to the contrary at their utmost peril.
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Given under our hand at this convention this 21" day of December 1719."
Governor Johnson. after this solemn and public decla- ration. recognized that the government of the Proprietors was totally overthrown, and that the current of popular sentiment was too violent and strong to withstand. His only hope for their Lordships now was that the revolu- tionists would not long remain in a state of union, har- mony, and peace among themselves: but would soon divide again into the old parties. The first unpopular step of their Governor might create disturbance and dis- affection. His policy, therefore, was quietly to wait for such occurrences. ready to take advantage of them when- ever they should appear. In the meantime, he called together the civil officers of the Proprietors, and ordered them to secure the public records, and to close their offices.1
His next step was to report an account of the proceed- ings to the Proprietors. This he did in a carefully pre- pared statement which he transmitted to their Lordships. He told them that the colonists had long labored under difficulties and hardships by debts contracted in the Indian wars, and in protecting their trade against pirates. He spoke of the unhappy differences between their Lordships and the people about the privileges of their charter. He told them that some of the richest of the inhabitants had persuaded the rest that neither they themselves nor their posterity could ever be safe in their persons, or secure in their properties, without the protection of the Crown : that they had, therefore, with one accord. disclaimed and renounced all obedience to their Lonships, and put them- selves under the care and government of the King: that he, though earnestly solicited by them. had refused to 1 Hewatt's Hist. of So. Ca., vol. 1, 278.
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govern them in any other way than as commissioned and appointed by the Lords Proprietors ; that the people had, thereupon, shaken off his authority, and chosen another Governor for themselves in the name and in behalf of the King. He was in no wise responsible for the revolution. It had not been occasioned by his imprudence or malad- ministration. and. therefore, he hoped whatever might be the issue, that their Lordships would use their influence to continue him in the government of the province.
Having thus performed his duty to the Proprietors. he wrote also to the Lords of Trade and Plantations, giving them a similar account of the proceedings of the people and the overthrow of the Proprietary Government, and made an appeal to them that if they accepted the govern- ment for his Majesty that he should be commissioned by them as Governor.
" That he apprehending himself bound in Honour to Govern Those People in no other Way than as he was Commission'd by the Lords Proprietors and instructed by his Majesty to whom he had always been a Faithful and Loyal subject, and the people having for that Cause dis- own'd his Authority, with that of the said Lords he humbly hop'd their Lordships would interest themselves so far that if His Majesty thought fit to take the Govern- ment into His own Hands, he might be honour'd with his Majestys immediate Commission, or otherwise that he might be restor'd to his Government as formerly by his Majestys special Command; the present Disturbances not being in any wise owing to his Male-Administration as might appear by the Address of the People to him, a copy of which he enclos'd them." 1
In the meanwhile the new government proceeded with
1 Proceedings of the People (Yonge); Carroll's Coll., vol. II, 194; Hewatt's List. of So. Cu., vol. I, 281-282.
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the business of the country. A new duty law, and others for raising money to defray the various expenses of the government, were passed. To their new Governor they voted £2500. and to their Chief Justice £800 current money as yearly salaries. To their agent in England £1000 sterling was transmitted. and to defray those and the other expenses of the government an act was passed laying a tax on lands and negroes. In short, says Hewatt. the popular Assembly imposed such burdens on their con- stituents as under the Proprietary Government would have been deemed intolerable grievances.
Governor Johnson and some of his party refused to pay this tax. as they did not recognize the authority of the Assembly which imposed it. On account of his peculiar position Governor Johnson himself was exempted; but it was rigidly enforced against all other persons. Though unable actively to oppose the new government, Governor Johnson omitted no opportunity to throw every obstacle in its way. He would have most seriously embarrassed its operations had Rhett acted with him in the interests of the Proprietors; but Rhett was now making terms with their opponents.
Colonel Rhett was not only the Proprietors' Receiver General. but also the Comptroller of the King's customs. To him, therefore, Governor Johnson wrote. proposing that as all masters of ships were. under the laws of trade. obliged to take out their clearance from him as the Comp- troller of customs, he might refuse to allow any ship to be cleared by the custom-house officers until the masters had paid their duty to him as Public Receiver. By this means the fees due to the Governor and Secretary would have found their way in their regular channel. as the masters of vessels would most readily have gone where they could have obtained the most authentic clearances.
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But Rhett was no friend to Governor Johnson, and was besides, at this time, looking to his interests under the new government ; so he refused to act as Johnson desired in this matter, and for this essential service he was at once made. by the revolutionary government, Overseer of the Repairs and Fortifications in Charles Town, -a most lucrative position, and at the same time accepted the position from Governor Moore of Lieutenant General of the Militia. Yet, strange to say, he still continued to maintain his credit with the Lords Proprietors. to whom he wrote on the occasion to assure them that he accepted the commission from Mr. Moore only because it might give him an opportunity to bring the people over again to their interest. The Proprietors believed him, and sent him a letter of thanks and a confirmation of his former commissions from them.1
And now came further and certain advices that the Spaniards were actually fitting out a fleet at Havana to attack Providence and South Carolina ; but it was uncer- tain which place they would first assail. The new gov- ernment proclaimed martial law, and ordered all men to repair in arms to Charles Town. Governor Johnson seized the opportunity of making one more appeal to the people, and addressed the following letter to the Conven- tion, who now styled themselves an Assembly : 2 --
"Gentlemen : I Flatter myself that the Invasion which at present threatens the Province has awaken'd a Thought in you of the Necessity there is of the Forces acting under a Lawful Authority and Commission. The Inconveniences and Confusion of not admitting it are so obvious I need not mention them. I have hitherto born the Indignities put upon me, and the Loss I sustain by being put out of
1 Proceedings of the People (Yonge) ; Carroll's Coll .. vol. II, 186. " Ibid., 187.
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my Government with as much Temper as the nature of the Thing will allow of 'till such time"as His Majestys Pleasure shall be known; but to have another assume my Authority when Danger threatens the Province and Action is expected, and to be depriv'd of the Opportunity of Serving the Public in my Station as I am indispensably bound to do upon such Occasions I being answerable to the King for any Neglect regarding the Welfare of the Province is what I cannot set down patiently with.
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