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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/8179.txt b/8179.txt new file mode 100644 index 0000000..f6327da --- /dev/null +++ b/8179.txt @@ -0,0 +1,9801 @@ +The Project Gutenberg EBook of An Historical Account Of The Rise And Progress Of The Colonies Of South Carolina And Georgia, Volume 1 +by Alexander Hewatt + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: An Historical Account Of The Rise And Progress Of The Colonies Of South Carolina And Georgia, Volume 1 + +Author: Alexander Hewatt + +Release Date: May, 2005 [EBook #8179] +[This file was first posted on June 26, 2003] + +Edition: 10 + +Language: English + +Character set encoding: US-ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK, AN HISTORICAL ACCOUNT OF THE RISE AND PROGRESS OF THE COLONIES OF SOUTH CAROLINA AND GEORGIA, VOLUME 1 *** + + + + +E-text prepared by Stan Goodman, Thomas Berger, and the Online Distributed +Proofreading Team + + + +AN HISTORICAL ACCOUNT OF THE RISE AND PROGRESS OF THE COLONIES OF +SOUTH CAROLINA AND GEORGIA. + +In Two Volumes. + +VOL. I. + +By ALEXANDER HEWATT + + + + + + + +PREFACE. + +The author of the following performance presents it to the public, not +from any great value he puts upon it, but from an anxious desire of +contributing towards a more complete and general acquaintance with the +real state of our colonies in America. Provincial affairs have only of +late years been made the objects of public notice and attention. There +are yet many, both in Great Britain and America, who are unacquainted +with the state of some of these settlements, and with their usefulness +and importance to a commercial nation. The southern provinces in +particular have been hitherto neglected, insomuch that no writer has +savoured the world with any tolerable account of them. Therefore it is +hoped, that a performance which brings those important, though obscure, +colonies into public view, and tends to throw some light upon their +situation, will meet with a favourable reception. + +As many of the inhabitants of the eastern world will find themselves +little interested in the trifling transactions and events here related, +such readers will easily discover in what latitude the author wrote, and +for whose use his work was principally intended. They will also soon +perceive, that this history, like that of Dr. DOUGLAS respecting a +northern settlement in America, is only a rough draught, and far from +being a finished piece; and the author will frankly and candidly +acknowledge it. The case with respect to him is this, to which he must +beg the reader's attention. Having been several years a resident at +Charlestown in South Carolina, he was at some pains to pick up such +original papers and detached manuscripts as he could find, containing +accounts of the past transactions of that colony. This he did at first +for the sake of private amusement; but after having collected a +considerable number of those papers, he resolved to devote such hours as +could be spared from more serious and important business, to arrange +them, and form a kind of historical account of the rise and progress of +that settlement. For the illustration of particular periods, he confesses +that he was sometimes obliged to have recourse to very confused +materials, and to make use of such glimmering lights as occurred; indeed +his means of information, in the peculiar circumstances in which he +stood, were often not so good as he could have desired, and even from +these he was excluded before he had finished the collection necessary to +complete his plan. Besides, while he was employed in arranging these +materials, being in a town agitated with popular tumults, military +parade, and frequent alarms, his situation was very unfavourable for calm +study and recollection. + +While the reader attends to these things, and at the same time considers +that the author has entered on a new field, where, like the wilderness he +describes, there were few beaten tracks, and no certain guides, he will +form several excuses for the errors and imperfections of this history. +Many long speeches, petitions, addresses, _&c._ he might no doubt have +abridged; but as there were his principal vouchers, for his own sake, he +chose to give them entire. Being obliged to travel over the same ground, +in order to mark its progress in improvement at different periods, it was +no easy matter to avoid repetitions. With respect to language, style and +manner of arrangement, the author not being accustomed to write or +correct for the press, must crave the indulgence of critics for the many +imperfections of this kind which may have escaped his notice. Having +endeavoured to render his performance as complete as his circumstances +would admit, he hopes the public will treat him with lenity, although it +may be far from answering their expectations. In short, if this part of +the work shall be deemed useful, and meet with any share of public +approbation, the author will be satisfied; and may be induced afterwards +to review it, and take some pains to render it not only more accurate and +correct, but also more complete, by adding some late events more +interesting and important than any here related: but if it shall turn out +otherwise, all must acknowledge that he has already bestowed sufficient +pains upon a production deemed useless and unprofitable. Sensible +therefore of its imperfections, and trusting to the public favour and +indulgence, he sends it into the world with that modesty and diffidence +becoming every young author on his first public appearance. + + + + + +CONTENTS OF THE FIRST VOLUME + +CHAP. I. + + _Most men pleased with the history of their ancestors._ + _A notion early entertained of territories in the west._ + _A project of Columbus for attempting a discovery._ + _The discovery of Columbus._ + _The discovery of John Cabot._ + _The discovery of Sebastian Cabot._ + _The discovery of Americus Vespuccius._ + _The discovery of Cabral._ + _America inhabited._ + _Various conjectures about the first population of America._ + _The natural proprietors of the country._ + _Religious divisions the primary cause of emigrations to the west._ + _Coligni's settlement in Florida._ + _Extirpated by Spaniards._ + _A traffic in negroes._ + _Reflections on it._ + _Virginia settled._ + _Its progress._ + _Disturbances in England promote foreign settlements._ + _New-England peopled by Puritans._ + _Who turn persecutors._ + _Divide into different governments._ + _A colony planted in Maryland._ + _General remarks on colonization._ + +CHAP II. + + _The first proprietors, and their charter._ + _Of the fundamental constitutions._ + _William Sayle visits Carolina._ + _And is appointed the first governor of it._ + _Settles his colony on Ashley river._ + _Hardship of the first settlers from the climate._ + _And from the Indians._ + _Sir John Yeamans arrives at Carolina._ + _And is appointed governor._ + _Various causes contribute to the settlement of the country._ + _America peopled in an improved age._ + _The first treaty with Spain respecting it._ + _A council of commerce is instituted._ + _A legislature is formed in the colony._ + _Its troubles from the Spaniards._ + _Its domestic troubles and hardships._ + _A war among the Indians seasonable for the settlement._ + _Of Indians in general._ + _The occasion of Europeans being peaceably admitted among them._ + _General remarks on the manners, government, religion, &c. of the + Indians._ + _A Dutch colony brought to Carolina._ + _Joseph West made governor._ + _Variances break out in the colony._ + _A trade in Indians encouraged._ + _A general description of the climate._ + _Of the country._ + _Of its soil and lands._ + _Of its storms and natural phenomena._ + _Of its animals._ + _Of its fishes._ + _Of its birds._ + _Of its snakes and vipers._ + _Of its insects._ + _Joseph Morton made governor._ + _Pennsylvania settled._ + _The proprietors forbid the trade in Indians._ + _The toleration of pirates in Carolina._ + _Cause of migration from England._ + _Cause of migration from France._ + _The European animals increase._ + _The manner of obtaining turpentine in Carolina._ + _And of making tar and pitch._ + _A difference with the civil officers._ + _James Colleton made governor._ + _His difference with the house of assembly._ + _Seth Sothell chosen governor._ + _His oppression, and expulsion._ + +CHAP. III. + + _A revolution in England._ + _The French refugees meet with encouragement._ + _Philip Ludwell appointed governor._ + _Harsh treatment of the colonists to the refugees._ + _The manner of obtaining lands._ + _Juries chosen by ballot._ + _Pirates favoured by the colonists._ + _Thomas Smith appointed governor._ + _The planting of rice introduced._ + _Occasions a necessity for employing negroes._ + _Perpetual slavery repugnant to the principles of humanity and + Christianity._ + _Foreign colonies encouraged from views of commercial advantage._ + _Indians complain of injustice._ + _The troubles among the settlers continue._ + _John Archdale appointed governor._ + _Archdale's arrival and new regulations._ + _Treats Indians with humanity._ + _The proprietors shamefully neglect agriculture._ + _Archdale returns to England, and leaves Joseph Blake governor._ + _A colony of French in Florida._ + _The French refugees incorporated by law._ + _Depredations of pirates._ + _A hurricane, and other public calamities visit the province._ + _James Moore chosen governor._ + _Lord Granville palatine._ + _King William's charter to the society for propagating the gospel._ + _An established church projected by the Palatine._ + _But disliked by the majority of the people._ + _Governor Moore resolves to get riches._ + _Encourages irregularities at elections._ + _Proposes an expedition against Augustine._ + _Which proven abortive._ + _The first paper currency made._ + _The expedition against the Apalachian Indians._ + _The culture of silk._ + _And of cotton._ + _Rice fixed on by the planters as a staple commodity._ + +CHAP. IV. + + _War declared against France._ + _Sir Nathaniel Johnson appointed governor._ + _His instructions._ + _He endeavours to establish the church of England._ + _Pursues violent measures for that purpose._ + _The church of England established by law._ + _The inhabitants of Colleton county remonstrate against it._ + _Lay commissioners appointed._ + _The acts ratified by the Proprietor._ + _The petition of Dissenters to the House of Lords._ + _Resolutions of the House of Lords._ + _Their address to the Queen._ + _The Queen's answer._ + _A project formed for invading Carolina._ + _A Spanish and French invasion._ + _The invader repulsed and defeated by the militia._ + _The union of England and Scotland._ + _Missionaries sent out by the society in England._ + _Lord Craven palatine._ + _Edward Tynte governor._ + _The revenues of the colony._ + _The invasion of Canada._ + _A French colony planted in Louisiana._ + _A colony of Palatines settled._ + _Robert Gibbes governor._ + _Charles Craven governor._ + _An Indian war in North Carolina._ + _The Tuskorora Indians conquered._ + _Bank-bills established._ + _Remarks on paper currency._ + _Trade infested by pirates._ + _Several English statutes adopted._ + +CHAP. V. + + _A design formed for purchasing all charters and proprietary + governments._ + _The Yamassees conspire the destruction of the colony._ + _The Yamassee war._ + _The Yamassees defeated and expelled._ + _They take refuge in Florida._ + _Retain a vindictive spirit against the Carolinians._ + _The colonists turn their eyes for protection to the crown._ + _The project revived for purchasing the proprietary colonies._ + _Distresses occasioned by the war._ + _Aggravated by the Proprietors._ + _Robert Daniel is made deputy-governor._ + _Lord Cartaret palatine._ + _The disaffection of the people increases._ + _Robert Johnson appointed governor._ + _Of the depredations of pirates._ + _And their utter extirpation._ + _Troubles from paper currency._ + _Several laws repealed._ + _Which occasions great disaffections._ + _Further troubles from Indians._ + _Complaints against Chief Justice Trott._ + _Laid before the Proprietors._ + _Their answer._ + _And letter to the governor._ + _Who obeys their commands._ + _An invasion threatened from Spain._ + _An association formed against the Proprietors._ + +CHAP. VI. + + _The people's encouragement to revolt._ + _Their letter to the governor signifying their design._ + _Which the governor endeavours to defeat._ + _Proceedings of the convention._ + _The perplexity of the Governor and council._ + _The Governor's speech for recalling the people._ + _Their message in answer to it._ + _The Governor's answer._ + _The assembly dissolved, and the proceedings of the people._ + _James Moore proclaimed Governor._ + _The declaration of the Convention._ + _The Governor transmits an account of the whole proceedings to the + Proprietors._ + _The Revolutioners appoint new officers, and establish their + authority._ + _In vain the Governor attempts to disconcert them._ + _Rhett refuses obedience to his orders._ + _And preserves the confidence of the Proprietors._ + _Further attempts of the Governor to recal the people._ + _The invasion from Spain defeated._ + _The Governor's last attempt to recover his authority._ + _Injurious suspicions with regard to the conduct of the Governor._ + _Francis Nicolson appointed Governor by the regency._ + _General reflections on the whole transactions._ + _Nicolson's arrival occasions uncommon joy._ + _The people recognize King George as their lawful sovereign._ + _The Governor regulates Indian affairs._ + _And promotes religious institutions._ + _The enthusiasm of the family of Dutartre._ + _Their trial and condemnation._ + _Progress of the colony._ + _The adventure of Captain Beale._ + _Arthur Middleton president._ + _A dispute about the boundaries between Carolina and Florida._ + _Colonel Palmer makes reprisals on the Spaniards._ + _Encroachment of the French in Louisiana._ + _A terrible hurricane._ + _And Yellow Fever._ + _The Province purchased for the crown._ + _The Fundamental Constitutions of South Carolina._ + + + + + +THE HISTORY OF THE RISE AND PROGRESS OF THE COLONY OF SOUTH CAROLINA. + + + + +CHAP. I. + + +Among the various events recorded in the history of past ages, there are +few more interesting and important than the discovery of the western +world. By it a large field for adventures, and a new source of power, +opulence and grandeur, opened to European nations. To obtain a share of +the vast territories in the west became an object of ambition to many of +them; but for this purpose, the maritime and commercial states possessed +the greatest advantages. Having first discovered the country, with +facility they transported people to it, settled colonies there, and in +process of time shared among them the extensive wilderness. + + [Sidenote] Most men pleased with the history of their ancestors. + +All accounts relating to these settlements afford pleasure to curious and +ingenious minds, in what quarter of the globe soever they live; but to +the posterity of the first adventurers they must be peculiarly +acceptable. In the lives of our ancestors we become parties concerned; +and when we behold them braving the horrors of the desert, and +surmounting every difficulty from a burning climate, a thick forest, and +savage neighbours, we admire their courage, and are astonished at their +perseverance. We are pleased with every danger they escaped, and wish to +see even the most minute events, relating to the rise and progress of +their little communities, placed before us in the most full and +conspicuous light. The world has not yet been favoured with a particular +history of all these colonies: many events respecting some of them lie +buried in darkness and oblivion. As we have had an opportunity of +acquiring some knowledge of one of the most valuable and flourishing of +the British settlements in that quarter, we propose to present the world +with a particular, but imperfect, detail of its most memorable and +important transactions. + + [Sidenote] A notion early entertained of territories in the west. + +To pave the way for the execution of this design, it may not be improper +to cast our eyes backward on the earliest ages of European discoveries, +and take a slight view of the first and most distinguished adventurers to +the western world. This will serve to introduce future occurrences, and +contribute towards the easier illustration of them. Beyond doubt, a +notion was early entertained of territories lying to the westward of +Europe and Africa. Some of the Greek historians make mention of an +Atlantic island, large in extent, fertile in its soil, and full of +rivers. These historians assert, that the Tyrians and Carthaginians +discovered it, and sent a colony thither, but afterwards, from maxims of +policy, compelled their people to abandon the settlement. Whether this +was the largest of the Canary islands, as we may probably suppose, or +not, is a matter of little importance with respect to our present +purpose: it is enough that such a notion prevailed, and gained so much +credit as to be made the grounds of future inquiry and adventure. + +With the use of the compass, about the close of the fifteenth century, +the great era of naval adventures commenced. Indeed the Tyrian fleet in +the service of Solomon had made what was then esteemed long voyages, and +a famous Carthaginian captain had sailed round Africa: the Portuguese +also were great adventurers by sea, and their discoveries in Africa +served to animate men of courage and enterprise to bolder undertakings: +but the invention of the compass proved the mariner's best guide, and +facilitated the improvements in navigation. Furnished with this new and +excellent instructor, the seaman forsook the dangerous shore and launched +out into the immense ocean in search of new regions, which, without it, +must long have remained unknown. Even such expeditions as proved +abortive, furnished observations and journals to succeeding navigators, +and every discovery made, gave life and encouragement to brave +adventurers. + + [Sidenote] A project of Columbus for attempting a discovery. + +About this period Christopher Columbus, a native of Genoa, appeared, who +was a man of great ingenuity, courage, and abilities, and had acquired +better notions of the globe, and greater skill in navigation, than any of +his cotemporaries. Imagining there might be territories in the west to +balance those in the east he directed all his views to that quarter, and +was eagerly bent on a voyage of discovery. He drew a plan for the +execution of his project, which, together with a map of the world, he +laid before his countrymen, shewing them what grandeur and advantage +would accrue to their state, should he prove successful. But the leading +men of the republic considered his project as wild and chimerical, and +shamefully treated him with neglect. Though mortified at this ill usage, +he nevertheless remained inflexible as to his purpose, and therefore +determined to visit the different courts of Europe, and offer his service +to that sovereign who should give him the greatest encouragement and +assistance. + +While he resolved to go in person to France, Spain and Portugal, he sent +his brother Bartholomew to England; which nation had now seen an end of +her bloody civil wars, and begun to encourage trade and navigation. But +Bartholomew, in his passage, was unfortunately taken by pirates, and +robbed of all he had; and, to augment his distress, was seized with a +fever after his arrival, and reduced to great hardships. After his +recovery, he spent some time in drawing charts and maps, and selling +them, before he was in a condition to appear at court. At length, being +introduced to the king, he laid before him his brother's proposals for +sailing to the west on a voyage of discovery. King Henry, who was rather +a prudent manager of the public treasure, than an encourager of great +undertakings, as some historians say, rejected his proposals: but others +of equal credit affirm, that the king entered into an agreement with +Bartholomew, and sent him to invite his brother to England; and that the +nation in general were fond of the project, either from motives of mere +curiosity or prospects of commercial advantage. + + [Sidenote] A. D. 1492. + [Sidenote] The discovery of Columbus. + +In the mean time Columbus, after surmounting several discouragements and +difficulties, found employment in the service of Spain. Queen Isabella +agreed with him on his own terms, and went so far as to sell her jewels +in order to furnish him with every thing requisite for his intended +expedition. Accordingly he embarked in August 1492, and sailed from Palos +on one of the greatest enterprises ever undertaken by man. Steering +towards the west, through what was then deemed a boundless ocean, he +found abundance of scope for all the arts of navigation of which he was +possessed; and, after surmounting numberless difficulties, from a +mutinous crew and the length of the voyage, he discovered one of the +Bahama islands. Here he landed, and, after falling on his knees and +thanking God for his success, he erected the royal standard of Spain in +the western world, and returned to Europe. + + [Sidenote] 1494. + [Sidenote] The discovery of John Cabot. + +Upon his arrival in Spain, the fame of this bold adventurer and the +success of his voyage, quickly spread through Europe, and excited general +inquiry and admiration. John Cabot, a native of Venice, (at that time one +of the most flourishing commercial states of the world), resided at +Bristol in England, and, having heard of the territories in the west, +fitted out a ship at his own expence and steered to that quarter on a +voyage of discovery. Directing his course more to the northward, he was +equally successful, and, in the year 1494, discovered the island of +Newfoundland. He went ashore on another island, which he called St. +John's, because discovered on the festival of St. John the Baptist. Here +he found inhabitants clothed with skins, who made use of darts, bows and +arrows, and had the address to persuade some of them to sail with him to +England. On his return to Bristol he was knighted by the king, and +reported that the land appeared rocky and barren, but that the sea +abounded with fish of various kinds. + +King Henry was no sooner made acquainted with the success of John Cabot, +than he gave an invitation to mariners of character and ability to enter +his service, for the purpose of attempting further discoveries. Cabot +declared, he doubted not to make discoveries for him equally honourable +and advantageous as those Columbus had made for Ferdinand and Isabella. +Accordingly, terms were proposed and agreed on between them. "Henry, in +the eleventh year of his reign, gave a commission to John Cabot and his +three sons, Sebastian, Lewis, and Sancius, and their heirs, allowing them +full power to sail to all countries and seas of the east, west, and +north, under English colours, with five ships of such burden and force as +they should think proper, and with as many mariners as they should chuse +to take on their own cost and charges, to seek out and discover all the +isles, countries, regions and provinces of heathens and infidels they +could find, which to all Christians before that time had remained +unknown." In these letters-patent though it appears that Henry granted +them a right to occupy and possess such lands and countries as they +should find and conquer, yet he laid them under an obligation to erect +the English standard in every place, and reserved to himself and his +heirs the dominion, title and jurisdiction of all the towns, castles, +isles and lands they should discover; so that whatever acquisitions they +should make, they would only occupy them as vassals of the crown of +England. And lest they should be inclined to go to some foreign port, he +expressly bound them to return to Bristol, and to pay him and his heirs +one fifth part of all the capital gains, after the expences of the voyage +were deducted: and, for their encouragement, he invested them with full +powers to exclude all English subjects, without their particular licence, +from visiting and frequenting the places they should discover. + + [Sidenote] A. D. 1497. + [Sidenote] The discovery of Sebastian Cabot. + +Soon after receiving this commission from the king, John Cabot died; and +his son Sebastian, who was also a skilful navigator, set sail in 1497, +with the express view of discovering a north-west passage to the eastern +spice islands. Directing his course by his father's journals to the same +point, he proceeded beyond the 67th degree of north latitude; and it is +affirmed, that he would have advanced farther, had not his crew turned +mutinous and ungovernable, and obliged him to return to the degree of +latitude 56. From thence, in a south-west course, he sailed along the +coast of the continent, as far as that part which was afterwards called +Florida, where he took his departure, and returned to England. Thus +England claims the honour of discovering the continent of North America, +and by those voyages of John and Sebastian Cabot, all that right and +title to this extensive region, founded on prior discovery, must be +vested in the crown of England. + + [Sidenote] 1498. The discovery of Americus Vespuccius. + +In the year following, Americus Vespuccius, a native of Florence, having +procured a commission, together with the charts of the celebrated +Columbus, sailed to the southern division of the western continent. In +this voyage he discovered a large country, and drew a kind of map of +those parts of it he visited. He also kept a journal, making several +useful remarks on the coast and inhabitants; which, on his return to +Europe, were published for general instruction. By this means he had the +good fortune to perpetuate his name, by giving it to the whole western +world. Posterior writers naturally following the same tract, and using +the same names found in the first performance, America by accident became +the denomination by which the western continent was distinguished, and +probably will be so through all succeeding ages. + + [Sidenote] A.D. 1500. The discovery of Cabral. + +Not long after this, Don Pedro Alvarez Cabral, admiral of the Portuguese +fleet, bound for the East Indies, was driven by a storm on the coast of +that country now called Brazil. There he found fine land, inhabited by +savages, of which he took possession in name of his king. This discovery +he deemed of great consequence, and therefore having put a native or two +of the new-found land on board, he sent Gasper Lamidas back to Portugal +with the news. He reported, at the same time, the gentle treatment he +received from the natives of the country, the excellent soil and +beautiful prospects it exhibited; and, upon his report, a settlement was +soon after made, which advanced by rapid degrees in riches and +population, and soon became the most valuable of the Portuguese +possessions. + + [Sidenote] America inhabited. + +This vast territory of America being now discovered by different nations, +in every place they found it inhabited by human creatures; but from what +country they derived their origin, or by what means they were conveyed to +this distant region, has been the subject of much speculation and +inquiry, not only in that, but also in every future period. History +claims not the province of peremptorily determining inquires, which can +have no better foundation than the probable opinions and uncertain +conjectures of ingenious men, and therefore must leave every man to adopt +such accounts as appear to him least absurd or liable to exception. Yet, +as the subject is curious, it may be amusing to some readers to present +them with the different conjectures respecting it, especially such as are +supported by late observations and discoveries. + + [Sidenote] Various conjectures about the first population of America. + +One person fancies that this country was peopled from Britain, and has +recourse to a romantic story of a Welsh historian in support of his wild +conjecture. This author gives an account of a discovery made in the year +1170, by Maddock, a younger son of Owen Guineth, prince of Wales. That +prince, observing his brethren engaged in civil war about the succession +to his father's throne, formed a resolution to abandon his country. +Having procured a ship, with plenty of necessaries for a long voyage, he +embarked, and sailed far to the westward of Ireland, where he discovered +a rich and fertile country, in which he resolved to establish a +settlement. With this view he returned to Wales, prepared ten sail of +ships, and transported a number of both sexes to this western territory. +Some men, who have been rather too zealous for proofs in confirmation of +this conjecture, have industriously traced, and flattered themselves with +having found a striking resemblance between several words in the native +language of some Indian nations and the old Welsh tongue. + +Other authors are of opinion, that the American tribes are the +descendants of the ancient Phenicians and Carthaginians, who early formed +settlements on the coast of Barbary and the Canary islands. The Tyrians +and Carthaginians, beyond doubt, were a commercial people, and the first +who distinguished themselves by their knowledge in navigation. They built +ships which carried vast numbers of people. To plant a colony on the west +of Africa, Hanno, a Carthaginian captain, embarked in a fleet of sixty +ships, containing no fewer than thirty thousand persons, with implements +necessary for building and cultivation. While he sailed along the stormy +coast of Africa, it is not improbable that some of his ships might be +driven out of sight of the land. In this case, the mariners finding the +trade winds blowing constantly against them, might necessarily be obliged +to bear away before them, and so be wafted over to America. The +complexion of the inhabitants of the African islands resembled those +Columbus found in the West Indies: The bows, arrows, spears, and lances +of both were also nearly similar, only those of the latter were pointed +with flints and the bones of fishes: There were also some resemblance in +their religious rites and superstitions to those of the ancient +Carthaginians, which afford some presumptive evidences that they might +have derived their origin from nations where such arms were used, and +such superstition prevailed. That America might receive some of its first +inhabitants from the best and boldest navigators of the east, is a thing +neither impossible nor incredible; and, if this be acknowledged, they had +many hundred years to multiply and increase, before the period in which +Columbus visited them. + +Other authors of considerable merit and ingenuity have contended, that +America was first peopled by Norwegians, and the northern countries of +Europe, formerly so populous and enterprising. They considered the route +by Iceland and Greenland, where the sea is covered with ice and snow, as +the most easy and practicable. They affirm, that colonies were planted in +Greenland, by adventurers from the north of Europe; that the north-west +coast of Greenland is removed at no great distance from America, and that +it is not improbable these two territories may, in places yet +undiscovered, be contiguous. In support of which conjecture, an affinity +between the language of the Esquimaux Indians and that of the +Greenlanders has been discovered by modern Danish travellers. It is +asserted, that they understand each other in their commercial +intercourses. Besides, so great is their likeness in features and +manners, in their boats and darts, that late geographers have not +scrupled to believe that the lands are united, as the inhabitants of both +sides so manifestly appear to be descended from the same nation. + +Other writers, with greater probability and reason, suppose, that the +western continent must have received its first inhabitants from the +north-east parts of Asia and Europe. Some ancient Greek historians say, +that the Scythians, from whom the Tartars derived their origin, were all +painted from their infancy, and that they flayed the heads of their +enemies, and wore their scalps, by way of triumph, at the bridles of +their horses. Sophocles speaks of having the head shorn, and of wearing a +skull-cap, like the Scythians. These indeed bear a faint resemblance to +some customs of the Indian tribes in America; but late discoveries +furnish us with the best proofs in favour of this conjecture. Some +Russian adventurers, on the sea of Kamschatka, have discovered the coast +of America, and reported, that the distance between the two continents is +so small and inconsiderable, that a passage between them, at certain +seasons, is easy and practicable, and that, though it be yet uncertain, +it is by no means improbable that these two great territories are united. +It is remarkable, that the aspect, language, and manners of the people, +on each side of the narrow channel, are nearly similar; that the arms +they use for procuring subsistence are the same; that their boats and +method of fishing are exactly alike; that both make use of a wooden +instrument for procuring fire by friction; that neither attack their +enemies in the open field, but take all advantages of ensnaring them by +wiles and stratagem; and that the vanquished, when taken prisoners, are +tortured without mercy. These observations indicate a striking +resemblance between the Tartars and the savages of America. One thing is +certain, that emigrations to the western world by this narrow channel are +easier accounted for than by any other route, and it is to be hoped a few +years more will remove every difficulty attending this curious and +important inquiry. + +Notwithstanding all these conjectures, various may have been the ways and +means of peopling this large continent. It is not improbable that several +nations may have contributed towards supplying it at different times with +inhabitants. The Scripture affirms, that all mankind originally sprung +from the same root, however now diversified in characters and +complexions. In the early ages of the world, as mankind multiplied they +dispersed, and occupied a greater extent of country. When thus divided, +for the sake of self-preservation and mutual defence, they would +naturally unite and form separate states. The eager desire of power and +dominion would prove the occasion of differences and quarrels, and the +weaker party or state would always be obliged to flee before the +stronger. Such differences would necessarily promote distant settlements, +and when navigation was introduced and improved, unforeseen accidents, +sea-storms, and unfortunate shipwrecks, would contribute to the general +dispersion. These, we may naturally suppose, would be the effects of +division and war in the earlier ages. Nor would time and higher degrees +of civilization prevent such consequences, or prove a sufficient remedy +against domestic discord and trouble. Ambition, tyranny, factions and +commotions of various kinds, in larger societies, would occasion +emigrations, and all the arts of navigation would be employed for the +relief and assistance of the distressed. So that if America was found +peopled in some measure nigh 5,500 years after the creation, it cannot be +deemed a thing more wonderful and unaccountable, than the population of +many eastern islands, especially those lying at a considerable distance +from the continents. The great Author of nature, who first framed the +world, still superintends and governs it; and as all things visible and +invisible are instruments in his hand, he can make them all conspire +towards promoting the designs of his providence, and has innumerable +methods, incomprehensible by us, of diffusing the knowledge of his name, +and the glory of his kingdom, throughout the spacious universe. + + [Sidenote] The natural proprietors of the country. + +Those scattered tribes of savages dispersed by Providence through the +American continent, occupied its extensive forests; and it must be +confessed, that no inhabitants of Europe, Africa or Asia could produce a +better title to their possessions. Their right was founded in nature and +Providence: it was the free and liberal gift of heaven to them, which no +foreigner could claim any pretension to invade. Their lands they held by +the first of all tenures, that of defending them with their lives. +However, charters were granted to European intruders, from kings who +claimed them on the foot of prior discovery; but neither the sovereigns +who granted away those lands, nor the patentees who accepted their +grants, and by fraud or force acquired possession, could plead any title +to them founded on natural right. Prior discovery might give foreigners a +kind of right to lands unoccupied, or possessions relinquished, but +neither of these was the case of the American territories. Nations who +lived by hunting like the savages in America, required a large extent of +territory; and though some had more, others less extensive districts to +which they laid claim, yet each tribe knew its particular division, and +the whole coast was occupied by them. Indeed, in a general view, the +whole earth may be called an inheritance common to mankind; but, +according to the laws and customs of particular nations, strangers who +encroach on their neighbours property, or attempt to take forcible +possession, have no reason to wonder if they obtain such property at the +risque of life. In justice and equity, Indian titles were the best ones; +and such European emigrants as obtained lands by the permission and +consent of the natives, or by fair and honourable purchase, could only be +said to have a just right to them. + +In the centre of the continent the people, comparatively speaking, were +numerous and civilized; the tribes farther removed from it on each side +lived more dispersed, and consequently were more rude. Some historians +have represented them as naturally ferocious, cruel, treacherous and +revengeful; but no man ought to draw conclusions, with respect to their +original characters, from their conduct in later times, especially after +they have been hostilely invaded, injuriously driven from their natural +possessions, cruelly treated, and barbarously butchered by European +aggressors, who had no other method of colouring and vindicating their +own conduct, but that of blackening the characters of those poor natives. +To friends they are benevolent, peaceable, generous and hospitable: to +enemies they are the reverse. But we forbear entering minutely into this +subject at present, as we shall have occasion afterwards to make several +remarks on the character, manners and customs of these tribes. Just views +of them may indeed excite compassion; yet, for our instruction, they will +exhibit to us a genuine picture of human nature in its rudest and most +uncultivated state. + + [Sidenote] Religious divisions the primary cause of emigrations to + the west. + +With the revival of learning in Europe, towards the close of the +fifteenth century, a more free and liberal way of thinking, with respect +to religion, was introduced and encouraged, than had taken place during +many preceding ages. At this period several men of genius and courage +appeared, who discovered to the world the gross absurdity of many of the +tenets and practices of the Romish church; but were unwilling totally to +overturn her established jurisdiction and authority. At length Luther +boldly exposed her errors to public view, and the spirit of the age, +groaning under the papal yoke, applauded the undertaking. Multitudes, who +had long been oppressed, were ripe for a change, and well disposed for +favouring the progress of that reformation which he attempted and +introduced. By this means great commotions were excited throughout +Christendom, and thousands united and entered warmly into designs of +asserting their religious liberty. Hence a spirit of emigration arose and +men seemed bent on visiting the remotest regions of the earth, rather +than submit to spiritual oppression at home. + +Instead of improving the discoveries made in America during the reign of +his father, Henry the eighth was busily engaged in gratifying the +cravings of licentious appetites, or in opposing by writings the progress +of the reformation. In his reign Sebastian Cabot, that eminent mariner, +finding himself shamefully neglected by the capricious and voluptuous +monarch, went over to Spain. There he got employment for several years, +and made some new and useful discoveries in America for the Spanish +nation. After the young Prince Edward ascended the English throne, the +enterprising merchants of Bristol invited Cabot to return to Britain; and +he, having a natural fondness for that city in which he was born, the +more readily accepted their invitation. King Edward, having heard of the +fame of this bold navigator, expressed a desire of seeing him; and +accordingly Cabot was sent for and introduced to the king by the Duke of +Somerset, at that time Lord protector of England. The king being highly +pleased with his conversation, kept him about court, and from him +received much instruction, both with respect to foreign parts, and the +ports and havens within his own dominions. In all affairs relating to +trade and navigation Cabot was consulted, and his judgment and skill +procured him general respect. A trade with Russia was projected, and a +company of merchants being incorporated for carrying it on, Sebastian +Cabot was made the first governor of the company. In 1549, being advanced +in years, the king, as a reward for his services, made him Grand Pilot of +England, to which office he annexed a pension of _L_. 166: 13: 4 _per +annum_, which Cabot held during his life, together with the favour of his +prince, and the friendship of the trading part of the nation. + +When Mary, that cruel and inflexible bigot, succeeded to the throne, +domestic troubles and ecclesiastical persecution were so prevalent in +England, that commerce sunk into decay, and navigation was despised and +neglected. The spirit of murmur and discontent pervaded the country, and +multitudes wished for some foreign settlement, as an asylum against +domestic trouble and persecution; and, had they been sufficiently +acquainted with the western territories, would certainly have emigrated +to that quarter. After Elizabeth ascended the throne, the bloody scene of +violence closed, and national affairs took a more successful turn. During +her reign the reformation advanced to a peaceable establishment in +England, and commerce was encouraged and protected. + + [Sidenote] Coligni's settlement in Florida. + +In France the reformation met with greater obstacles, and was productive +of more serious and fatal consequences. It occasioned a civil war between +the Protestant and Catholic parties of that kingdom, which raged for +several years with great violence. During these domestic troubles, Jasper +de Coligni, one of the chief leaders of the Protestant army, formed a +project for carrying a colony to America. Forseeing the dangers to which +he and his followers would be exposed, should the cause in which they +were engaged prove unsuccessful, it is probable he intended this foreign +settlement as a retreat. Accordingly, having fitted out two ships, he +gave the command of them to Jean Ribaud, and sent him with a colony of +Protestants to America. Ribaud landed at the mouth of the river now +called Albemarle, which was then considered as part of Florida, where he +built a fort, for the security of himself and followers, and called the +country Carolina. By this time the Spaniards had incurred the +irreconcilable hatred and resentment of the Indian nations by their +cruelty and treachery in the heart of the continent. Ribaud found means +of acquainting the Indians that he was an enemy to the Spaniards, and of +consequence he was the more kindly received by them. He had the address +to engage their affections, insomuch that in a little time they became +fond of his alliance. But while the flames of war continued in France, +Coligni could find no leisure to send supplies to his infant colony, and +Ribaud was obliged to abandon the settlement. Great were the extremities +to which he was reduced in returning to Europe: one of his crew was +killed for subsistence to the rest, who had scarcely done eating him, +when an English vessel providentially appeared, took the emaciated crew +on board, and carried them to England. + + [Sidenote] Extirpated by Spaniard. + +Mean while, a peace being patched up between the Papists and Protestants +in France, Admiral Coligni, who was seemingly received into favour by +that political court, fitted out three ships, loaded them with provisions +and arms, and sent them to Carolina. Rene Laudoner to whom he had given +the command, embarked with a number of adventurers. On his arrival he +found the spot Ribaud had relinquished; but despaired of being able to +keep possession of it without regular supplies. When he found his +provisions beginning to fail, he had formed resolutions of returning to +Europe. While he was making preparations to embark, Ribaud fortunately +arrived with seven ships, a large supply of necessaries, and a +considerable body of settlers. This animated them to enter with greater +vigour on clearing and cultivating lands, and making provision for their +future subsistence. The Indians rejoiced at Ribaud's return, and waited +on him with their assurances of friendship. But while this French colony +were beginning to flatter themselves with some faint hopes of success, +Peter Melandez, who pretended a right to the whole territory, came +against them with an armed force, killed Ribaud and seven hundred of his +men, and compelled the remainder to return to France. M. de Gorgues, a +Gascoon, afterwards, to avenge the disaster of his countrymen, dislodged +Melandez, but made no attempt toward planting a colony in that quarter. +This extensive country remained a wilderness until the reign of Charles +the second of England. To keep possession, the Spaniards supported a +small garrison at Augustine, on the most barren spot of the whole +territory, upon which, together with the discovery of Ponce de Leon, they +ever after founded their claim to all the southern parts of North +America. + + [Sidenote] A traffic in negroes. + +About the same time a traffic in the human species, called Negroes, was +introduced into England; which is one of the most odious and unnatural +branches of trade the sordid and avaricious mind of mortals ever +invented. It had indeed been carried on before this period by Genoese +traders, who bought a patent from Charles the fifth, containing an +exclusive right of carrying Negroes from the Portuguese settlements in +Africa, to America and the West Indies; but the English nation had not +yet engaged in the iniquitous traffic. As it has since been deeply +concerned in it, and as the province, the transactions of which I +narrate, owes its improvements almost entirely to this hardy race of +labourers, it may not be improper here to give some account of the origin +and first inventor of this trade. + +William Hawkins, an expert English seaman, having made several voyages to +the coast of Guinea, and from thence to Brazil and the West Indies, had +acquired considerable knowledge of the countries. At his death he left +his journals with his son John Hawkins, in which he described the lands +of America and the West Indies to be exceedingly rich and fertile, but +utterly neglected for want of hands to improve them. He represented the +natives of Europe as unequal to the task in such a scorching climate; but +those of Africa as well adapted to undergo the labours requisite. Upon +which John Hawkins immediately formed a design of transporting Africans +into the western world; and having drawn a plan for the execution of it, +he laid it before some of his opulent neighbours for encouragement and +approbation. To them it appeared promising and advantageous. A +subscription was opened, and speedily filled up, by Sir Lionel Ducket, +Sir Thomas Lodge, Sir William Winter and others, who plainly perceived +the vast profits that would result from such a trade. Accordingly three +ships were fitted out, and manned by an hundred select sailors, whom +Hawkins encouraged to go with him by promises of good treatment and great +pay. In the year 1562 he set sail for Africa, and in a few weeks arrived +at the country now called Sierra Leona, where be began his commerce with +the negroes. While he trafficked with them, he found some means of giving +them a charming description of the country to which he was bound; the +unsuspicious Africans listened to him with apparent joy and satisfaction, +and seemed remarkably fond of his European trinkets, food and clothes. He +pointed out to them the barrenness of the country, and their naked and +wretched condition, and promised, if any of them were weary of their +miserable circumstances, and would go along with him, he would carry them +to a plentiful land, where they should live happy, and receive an +abundant recompense for their labours. He told them, that the country was +inhabited by such men as himself and his jovial companions, and assured +them of kind usage and great friendship. In short, the negroes were +overcome by his flattering promises, and three hundred stout fellows +accepted his offer, and consented to embark along with him. Every thing +being settled on the most amicable terms between them, Hawkins made +preparations for his voyage. But in the night before his departure, his +negroes were attacked by a large body from a different quarter; Hawkins, +being alarmed with the shrieks and cries of dying persons, ordered his +men to the assistance of his slaves, and having surrounded the +assailants, carried a number of them on board as prisoners of war. The +next day he set sail for Hispaniola with his cargo of human creatures; +but, during the passage, treated the prisoners of war in a different +manner from his volunteers. Upon his arrival he disposed of his cargo to +great advantage; and endeavoured to inculcate on the Spaniards who bought +the negroes the same distinction he observed: but they, having purchased +all at the same rate, considered them as slaves of the same condition, +and consequently treated all alike. + +When Hawkins returned to England with pearls, hides, sugar and ginger, +which he had received in exchange for his slaves, multitudes flocked +after him, to inquire into the nature, and learn the success of the new +and extraordinary branch of trade. At first the nation was shocked at the +unnatural trade of dealing in human flesh, and bartering the commodities +and trinkets of Europe for the rational race of Africa. The queen, though +a patroness of commerce, was doubtful of the justice and humanity of this +new branch, it appearing to her equally barbarous as uncommon, and +therefore sent for Hawkins to inquire into his method of conducting it. +Hawkins told her, that he considered it as an act of humanity to carry +men from a worse condition to a better, from a state of wild barbarism to +another where they might share the blessings of civil society and +Christianity; from poverty, nakedness and want to plenty and felicity. He +assured her, that in no expedition where he had the command should any +Africans be carried away without their own free will and consent except +such captives as were taken in war and doomed to death; that he had no +scruple about the justice of bringing human creatures from that barren +wilderness, to a condition where they might be both happy themselves and +beneficial to the world. Indeed it would appear that Hawkins had no idea +of perpetual slavery, but expected they would be treated as free +servants, after they had by their labours brought their masters an +equivalent for the expence of their purchase. Queen Elizabeth seemed +satisfied with his account, and dismissed him, by declaring, that while +he and his owners acted with humanity and justice, they should have her +countenance and protection. + +Soon after Hawkins made preparations for a second voyage, in which the +Queen offered him a ship of war for his assistance and protection. But he +declined accepting her offer, by telling her Majesty, that the profits of +the trade would answer for all the risque and expences attending it. In +his passage, however, he fell in with the Minion man of war, which +accompanied him to the coast of Africa. After his arrival he began as +formerly to traffic with the negroes, endeavouring by persuasion and the +prospects of reward to induce them to go along with him. But now they +were more reserved and jealous of his designs, and as none of their +neighbours had returned, they were apprehensive he had killed and eat +them. The crew of the man of war observing the Africans backward and +suspicious, began to laugh at his gentle and dilatory methods of +proceeding, and proposed having immediate recourse to force and +compulsion. The sailors belonging to his own fleet joined those of the +man of war, and applauded the proposal. But Hawkins considered it as +cruel and unjust, and tried by persuasion, promises and threats to +prevail on them to desist from a purpose so unwarrantable and barbarous. +In vain did he urge his authority and instructions from the Queen: the +bold and headstrong sailors would hear of no restraints. Drunkenness and +avarice are deaf to the voice of humanity. They pursue their violent +design, and, after several unsuccessful attacks, in which many of them +lost their lives, the cargo was at length compleated by barbarity and +force. + + [Sidenote] Reflections on it. + +Hence arose that horrid and inhuman practice of dragging Africans into +slavery; which has since been so pursued, in defiance of every principle +of justice and religion: Though Hawkins was the first Englishman who +engaged in this traffic, so repugnant to the spirit of the English +constitution; though he made use of such fraudulent arts even in his +first method of conducting it, as few men can have the assurance to +vindicate; yet, as he was a man of prudence and humanity, he is no ways +chargeable with those diabolical abuses which have since crept into this +trade. Had men continued to conduct it according to his plan and +proposal, and hands been transported by their voluntary consent to labour +in burning climates, where Europeans are disqualified by nature for the +task; had the Spaniards allowed them the common privileges of servants, +after they had cleared the charges they cost them; had negroes been +bought from the flames, to which in some countries they were devoted on +their falling prisoners of war, and in others sacrificed at the funeral +obsequies of the great and powerful among themselves; in short, had they +been by this traffic delivered from torture or death, European merchants +might have some excuse to plead in its vindication. But, according to the +common mode in which it has been conducted, we must confess it a +difficult matter to conceive a single argument in its defence. It is +contrary to all laws of nature and nations to entice, inveigle and compel +such multitudes of human creatures, who never injured us, from their +native land, and dispose of them like flocks of sheep and cattle to the +highest bidder; and, what compleats the cruelty and injustice of the +traffic, to consign them over to ignorance, barbarism, and perpetual +slavery. After this, where will insatiable avarice stop? As a free and +independent people, they had unquestionably an equal right to make slaves +of the inhabitants of Europe. Nature has given the people of the one +continent no superiority over those of the other; the advantages of +Europeans were the effects only of art and improvement. And though policy +has given countenance and sanction to the trade, yet every candid and +impartial man must confess, that it is atrocious and unjustifiable in +every light in which it can be viewed, and turns merchants into a band of +robbers, and trade into atrocious acts of fraud and violence. + + [Sidenote] A.D. 1584. Virginia settled. + +We shall now return to those naval adventurers, whose object was the +establishment of colonies in America. About the year 1584, Sir Walter +Raleigh, an able statesman and gallant officer, formed a project for +planting an English colony in America. His penetrating genius easily +discerned the great advantages which would accrue from a successful +foreign settlement. He applied to the Queen, and having obtained from her +letters-patent, immediately began to carry into execution what his +ingenuity had projected. He fitted out two vessels, and gave the command +of them to Philip Amidas and Arthur Barlow, and sent them to America. +They landed at the island Roanock, and took possession of the country in +the name of the Queen of England, and Sir Walter called it Virginia, in +honour of his virgin Queen. The favourable report made by these two +mariners, encouraged Sir Walter to pursue his design with resolution. +Great minds are fond of new schemes and grand enterprizes, but it +commonly falls to posterity to reap the advantages resulting from them. +Sir Richard Grenville, one of Sir Walter's intimate companions, +afterwards visited this country, and left one hundred and eight men in it +to keep possession of the territory. But they running short of +provisions, and having no source of supply, were reduced to great +straits. Happily for them, admiral Drake, who had been sent with a fleet +to Spanish America in search of treasure, had instructions to touch at +Virginia in his return to England. On his arrival he found the infant +colony in great distress, and at their request carried them back to +England. + +Some years afterwards another attempt was made, and fifty men were left +to begin a settlement. Whether these suffered death by hunger, or the +hands of savages, is uncertain; but, on the arrival of another +embarkation, none of the fifty could be found. They observed the word +Croatan marked on some trees, from which the conjectured that the colony +had moved to a place called by that name, and left this as a mark to +conduct their friends to it. But a storm afterwords arising, these +adventurers were driven out to sea, and, without finding their +unfortunate countrymen, returned to England. + +From this period till the year 1606 Virginia was left without an +inhabitant, except its original savages. In the mean time, Sir Walter +Raleigh, having incurred the displeasure of the king and the jealousy of +the court, fell a sacrifice to the malice and power of his enemies. +However, some merchants of London and Bristol kept trading to the western +world, and bartered beads, knives, hatchets and coarse cloths for the +skins and furs which the Indians brought them. The immense profits +arising from this commerce encouraged them to enlarge it. For this +purpose two companies were incorporated for trading to America and +establishing settlements in it, the one was called the Virginia Company, +the other the Plymouth Adventurers. King James granted them all the +territory which lies between the 34th and 45th degrees of north +latitude. The former of these corporations laid the foundation of +James-Town in Virginia, which was the first British settlement in America +which proved permanent and successful. So after Sir Walter Raleigh had +projected and spent forty thousand pounds, in vain attempts to establish +a colony in this quarter, this company reaped the first advantages of his +enterprising spirit and great design. + + [Sidenote] Its progress. + +However, for many years, finall and inconsiderable was the progress of +this distant settlement. Their object was rather Indian trade than +cultivation, till Lord Delawar was appointed governor of the colony. +After his arrival in Virginia, he turned the attention of the settlers to +industry and application. From the rivers which abounded with fish, and +the woods with game, he taught them the arts of procuring a plentiful +supply of provision. He showed them the profitability of chastising those +Indian tribes who presumed to harass the colony, pointed out the methods +of defence in the woods, and by his example inspired them with revolution +and perseverance. At length, having by his zeal and indefatigable labours +brought the colony to a growing and hopeful condition, at the risque of +his own health, he appointed his son deputy-governor, and returned to +England. + +By this time several men of opulence and distinction in England had begun +to form the most sanguine hopes with respect to this settlement, and +united in a plan for carrying inhabitants to it. Sir Thomas Yates and Sir +George Somers embarked with 500 men for Virginia: the latter being driven +by a storm within sight of the island called Bermuda, formed a design of +settling it. This embarkation proved a great acquisition to the colony in +Virginia. On their arrival the colonists began to think themselves +strong, and therefore, not content with the lands about James-Town, they +forced their way up the large rivers, and made bold excursions into the +country, in search of the most convenient and fertile spots of ground. +The wisdom of their governor was no less conspicuous in the division of +property, than in the distribution of justice. His tenderness and +indulgences set the springs of industry in motion, which spread through +the settlement, and excited a spirit of emulation with respect to the +culture of lands. By degrees little spots were cleared and planted, which +rewarded the diligent, and the country began to make some feeble advances +towards improvement. In proportion as the colony multiplied, the +inhabitants spread themselves through the country, yet abundance of land +still remained for additional numbers, with which it might in time be +augmented. + + [Sidenote] Disturbances in England promote foreign settlements. + +During the reign of the family of Stuart, a series of weak and oppressive +measures, pursued in England, occasioned domestic troubles and discontent +to the nation, and contributed greatly to promote American settlements. +James the first, surrounded by a crowd of flatterers, began to entertain +high ideas of his power and prerogative, to inculcate the extravagant +doctrines of divine indefeasible right, passive obedience, and +non-resistance, on a people whom he was ill qualified to govern, and who +had conceived an irreconcilable aversion from such political principles. +The consequence was, he lost by his weakness and pedantry the affections +of the nation, yet his reign is memorable for giving rise to many foreign +settlements. From him the East-India Company received a new patent, which +encouraged the corporation to enlarge their stock, and to fit out a +greater number of ships for that trade. In his reign Barbadoes was +settled by an association of noblemen, of whom the Earl of Pembroke was +the chief. And though it afterwards changed its master, and fell into the +hands of the Earl of Carlisle, yet it prospered from its first +population, and soon became a rich and flourishing island. St. +Christophers may also date its origin from the close of this king's +reign. The Plymouth Adventurers, who had carried a colony to New-England, +at different times added numbers to it, and, notwithstanding every +difficulty, it grew and prospered. Sir William Alexander received a grant +of that territory now called Nova Scotia from the same king, but never +made and serious attempts towards settling it. + +During the succeeding reign several thousands emigrated to the western +continent. Both the King and Queen were attached to the Popish religion, +which vast multitudes of the nation abhorred. This served to alienate the +people's affections not a little from the royal family; but the +tyrannical and oppressive regulations established by the rulers of the +church, doubled the distress of the people, and served to complete their +disaffection to their native country. The Puritans, so called for their +taking, or affecting to take, the pure and simple word of God for the +rule of their faith and practice, regardless of ecclesiastical authority +and institutions, were a numerous party in the nation. These people had +begun their struggles for religious liberty, and as they afterwords +occasioned such commotions in England, a general sketch of their +character, and the rise and progress of their party, may not perhaps be +unacceptable. + + [Sidenote] New England peopled by Puritans. + +From the great aera of the Reformation the English nation had been +distracted with religious disputes, and divided into contending parties. +One part of the people adhered to the old superstitious system of the +Romish church, and strictly observed all the absurd tenets and practices +of that establishment. Another party, of which the church of England was +composed, seceded several steps from popery, but maintained the hierarchy +in its full power and authority. The third sect were Puritans, who had +imbibed such high notions of civil and religious liberty, as struck at +the foundation of both hierarchy and monarchy. On all occasions they +discovered a strong tendency towards a republican form of government and +an irreconcileable aversion towards the whole fabric of the Episcopalian +church. This party, during the two preceding reigns being chiefly +composed of the dregs of the people, were regarded as of little +consequence, and treated with supercilious contempt by the +administration. But in the reign of King Charles the first they had +amazingly increased, and many men of opulence and distinction had joined +them, from motives of discontent or ambition, or from a passion for +singularity and popular applause. When the religious disputes became warm +in the nation, the zeal of this party broke out, and burned with such +amazing ardour that it levelled all distinctions. To increase the +confusion, Archbishop Laud insisted on conformity, and persecuted all who +refused obedience to his mandates with the utmost rigour. But +persecution, for the most part, proves destructive to the cause it is +intended to promote. The miseries the Puritans endured, and their +firmness and perseverance in the midst of sufferings, contributed to give +them that merit and importance in the eyes of the nation, which otherwise +perhaps they had never attained. Their sober and rigid manner of life, +the plainness of dress which they affected, and the strong tendency they +shewed towards religion in all their words and actions, had great weight +with the vulgar and credulous part, and induced them to entertain high +notions of their sanctity, and to venerate them as the peculiar people of +God. Their number increased and became formidable. Many men of rank, +disgusted at the measures of court, and apprehensive that the liberties +of the nation were in danger, turned zealous republicans, and seemed to +aim at a total subversion of the constitution, both in church and state. +The King, though a well-wisher to religion, hated the principles of the +Puritans, and considered them as dangerous and deceitful. Those +enthusiasts, on the other hand, were determined to endure the severest +persecutions, rather than admit the common prayer, organs, and surplices +into their worship, and conform to the popish ceremony of kneeling at the +sacrament. In short, the dispute about trifling ceremonies became serious +on both sides, and augured no good to the nation. Dr. Laud, observing not +only the laity but the clergy also infected with puritanical principles, +deprived many of their livings, merely for not conforming to all the +ceremonies of the church. During these troubles many fled to New England; +and others caused houses to be built and lands cleared for them, with a +view of retiring there, should their contention for religious freedom in +England prove unsuccessful. In vain did Dr. Laud obtain an order of court +to put a stop to emigration. There was not a corner of the globe to which +these people would not flee, rather than conform to ceremonies which they +thought savoured of popery and idolatry, and endangered their salvation. + +To these disturbances New-England owed its population. Enthusiasm has +often stimulated men to bold and arduous undertakings, and animated them +to perseverance amidst great difficulties. Of this truth the first +emigrants to New-England afford us a striking example. They seemed to bid +defiance to the hardships to which they were exposed, having what they +valued most of any thing in the world, I mean, liberty of conscience. +Amidst cold, hunger, toil, disease, and distress of every kind, they +comforted themselves with the thoughts of being removed far out of the +reach of tyrants, and triumphed in their deliverance from an idolatrous +and wicked nation. Neither the hideous gloom of the thick forest, nor the +ravages and depredations of savage neighbours, appeared to them so +grievous and intolerable as conformity to the that of England, and an +implicit obedience to civil authority. + + [Sidenote] Who turn persecutors. + +It might reasonably have been expected, that those emigrants who made +New-England their asylum from what they deemed civil tyranny and +ecclesiastical persecution, would have guarded against every degree of +oppression and persecution in that form of government they were about to +establish among themselves. This, however, was far from being the case. +Some of their first laws favour of a degree of persecution and +intolerance unknown in the most despotic governments of Europe; and those +who fled from persecution became the most bitter persecutors. Those who +were found dancing or drunk were ordered to be publicly whipped, in order +to deter others from such practices. The custom of wearing long hair was +deemed immodest, impious and abominable. All who were guilty of swearing +rashly, might purchase an exemption from punishment for a schilling; but +those who should transgress the fourth commandment were to be condemned +to banishment, and such as should worship images, to death. Children were +to be punished with death, for cursing or striking their father or +mother. Marriages were to be solemnized by magistrates; and all who +denied the coercive authority of the magistrate in religious matters, or +the validity of infant baptism, were to be banished. Blasphemy, perjury, +adultery, and witchcraft, were all made capital offences. In short, we +may challenge the annals of any nation to produce a code of laws more +intolerant than that of the first settlers in New-England. Unlimited +obedience was enjoined to the authority of the magistrate, by the same +men who had refused such submission in England, and fled from their +native country because it was demanded. Thus, however incredible it may +appear, blind fanatics became public legislators, and those who were +unable to endure tyranny in England, became the most insupportable +tyrants in America. + +This oppressive rigour of their first laws was soon heavily felt by many, +but especially by that peaceable society of people called Quakers. Some +of this sect, who had been banished on account of their religion, out of +mere zeal for making proselytes, returned to the country. They were +instantly seized by those oppressors, condemned and hanged, to prevent +the clandestine incursions of others. Those who had the misfortune to be +taken with convulsions, or any disorder to which vulgar ignorance was a +stranger, were accused of witchcraft, and condemned to death. No age nor +sex were secure from such suspicions, when ignorance, malice and phrenzy +joined in framing accusations, and selecting victims at pleasure. Dreams, +apparitions and tortures were all employed as evidences against persons +accused, and served to increase the number of horrid executions. The +clergy were often accused, and sometimes the judges themselves. The jails +were filled with infants, old men and women, the people were distracted +with gloomy apprehensions, and the country was stained with innocent +blood. At last the popular phrenzy began to subside, and gave way to +painful remorse. The eyes of the blinded fanatics were opened, so as to +discern their guilt; and a general fast was appointed to implore the +pardon and mercy of God for their enormous crimes and horrible delusions. + + [Sidenote] Divide into different governments. + +This colony, which was planted by oppression, in process of time owed its +extension to the same cause, Dissenters, who all claim an equal right to +liberty in religion, with respect to private judgment and opinion, were +not likely to remain long in harmony and peace among themselves. Though +they reprobated the doctrine of uniformity in England, yet they became +the most bigoted sticklers for it in their new settlement. The tenets of +others, who differed from their mode of worship, were condemned without +scruple or hesitation, insomuch that the oppression from which they fled +in Britain was like gentle toleration, when compared with that to which +they subjected their fellow-refugees. Hence various sectaries arose in +their settlement, who claimed the same right to dissent from them, which +they formerly did from the church of England. But their claim was +rejected, and of consequence a persecution for conscience sake commenced +among that people, who had become separatists in defence of universal +toleration. However, these sprigs, torn by violence from the old root, +had the same resource left; they separated, and planted themselves in a +new soil, and spread their branches over the country. Hence different +governments took their origin, and different colonies were settled, by +persons who were denied religious freedom, and the right of private +judgment, in Massachuset's bay. + + [Sidenote] A colony planted in Maryland. + +From the same source, I mean, a division in England, another colony of +catholics took its rise. The king not only lost the affections of his +Protestant subjects, but was also obliged to give the Roman catholics up +to the rigour of those laws enacted against them in the preceding reigns. +Lord Baltimore therefore resolved to leave England, and settle a colony +on lands which had been granted to his father a few years before his +death. This territory he called Maryland, in honour of the queen, who +gave him all the assistance in her power towards forwarding the +settlement. + + [Sidenote] General remarks on colonization. + +From the establishment and progress of these foreign settlements, and the +spirit of emigration which prevailed in England, discerning men early +foreboded ill consequences to the mother country. They were no strangers +to the troubles which the colonies of Greece and Rome occasioned those +ancient republics. Such vast territories as America contained, opened a +boundless field for the encouragement of emigration, and every addition +which these colonies received from Britain was prejudicial to her +interest, as it served to weaken her, in proportion as it strengthened +them. The riches of every country unquestionably depend on the number of +its industrious inhabitants. America could furnish employment for +innumerable hands, and emigrations from the mother country would in +process of time dry up the sources of her wealth and power. England, +though populous, could spare none, without prejudice to herself, but such +as had either no employment at home, or no inclination to labour: for all +industrious men serve to enrich their country, and whatever they earn by +their labour, be it more or less, so much doth the nation profit by them. +It is true, a number of idle and indolent people, like voracious drones +in the hive, are a burden to every community. Such indeed might be spared +for the purpose of colonization, without any detriment to the parent +state; but every diligent and honest labourer that emigrates from his +native country, helps to depopulate, and of course to impoverish it. + +Had England at that time been too populous for its extent, or incapable +of employing and maintaining its inhabitants, in that case, her planting +foreign colonies might have served the purpose of public utility, and +given relief from domestic hardship, just as bees send off their young +swarms without injuring the industrious hive. Britain, no doubt, might +reap some advantages from her foreign plantations, especially such of +them as are situated in a different climate, and produce such commodities +as luxury obliged her to purchase from strangers; and while she +maintained her supreme jurisdiction over them, she could bind them by +laws to continue her customers for taking off her manufactures, and so +extend her commerce and navigation. By such policy she might make the +wealth of her laborious colonies center in herself, and add greatly to +her opulence and power. In every other case, numerous and extensive +foreign settlements must prove hurtful, if not troublesome and dangerous: +for while they are draining her of her useful inhabitants, they are +growing on her ruins; and if they turn not headstrong and ungovernable, +they will at least oblige her to keep a much larger army and fleet than +otherways she would have any occasion for, and double her expence for +their protection. + +From Charles the first Sir Robert Heath obtained a grant for an immense +territory lying to the southward of Virginia, which is now divided into +several distinct provinces, but made no settlement on it. Excepting a +small garison the Spaniards supported at Augustine, this country remained +a rude wilderness, the habitation of savages and wild beasts, till the +restoration. Soon after that important event several leading men of the +nation, actuated by a pious and laudable zeal for the propagation of the +Gospel, associated, and formed a design of settling it at their own +expence. To give an account of the rise and progress of this settlement, +especially of that division now called SOUTH CAROLINA, shall be our +business in the following pages of this history. + + + + +CHAP. II. + + +During the period of the usurpation in England, popular anarchy +prevailed, and levelled all ranks and distinctions throughout the nation. +The lineal heir of the crown being expelled, Oliver Cromwell, that +ambitious and crafty leader of the people, seized the reins of +government, and ruled England with a rod of iron for several years. The +nobles bowed to a fanatic, and the republican part of the constitution +preponderated to such a degree, that the other two became as nothing in +the balance. + +When the restoration took place, to the great joy and happiness of the +nation, the nobles and royalists again stood forth, and assumed their +former dignity and weight in the government of their country. Domestic +peace being re-established on the solid foundation of regal and +constitutional authority, England, amidst other national objects, turned +her views toward the improvement of commerce, navigation, and her +colonies. + +Hitherto the extensive territory of North America had been divided into +two districts, which were called South and North Virginia. All lands +lying towards the river St. Lawrence, from the northern boundaries of the +province now called Virginia, belonged to the northern, and all those to +the southward, as far as the Gulf of Florida, to the southern district. +And though the first European settlement in America was attempted in +Florida by the French, yet they were compelled to relinquish that place; +and the English, preferring what they esteemed a more favourable climate, +had hitherto neglected it. + + [Sidenote] The first proprietors and their charter. + +After the restoration, England began to recognize her claim to a large +territory in the southern district. In the year 1662, Edward Earl of +Clarendon, George Duke of Albemarle, William Lord Craven, John Lord +Berkeley, Antony Lord Ashley, Sir George Carteret, Sir William Berkeley, +and Sir John Colleton, being apprized of the excellent soil of this +country, united and formed a project for planting a colony in it. Upon +application to the crown for a charter, Charles granted them all the +lands lying between the thirty-first and thirty-sixth degrees of north +latitude. Two years afterwards he confirmed this grant, and by a second +charter enlarged the boundaries of it, from the 29th degree of north +latitude to 36 degrees 30 minutes, and from these points on the sea-coast +westward in parallel lines to the Pacific ocean. Of this immense region +the king constituted them absolute lords and proprietors, saving to +himself, his heirs and successors the sovereign dominion of the country. +At the same time he invested them with all the rights, jurisdiction, +royalties, privileges and liberties within the bounds of their province, +to hold, use and enjoy the same, in as ample a manner as the bishop of +Durham did in that county palatine in England. This province they were to +hold and possess of the king, his heirs and successors, as of his manor +of East Greenwich in Kent, not _in capite_, or by knight's service, but +in free and common soccage. + +These absolute lords and proprietors were by their charter empowered to +enact, and, under their seal, to publish any laws or constitutions they +judged proper and necessary to the public state of the province, with the +assent, advice and approbation of the freemen of the colony; to +constitute counties, baronies and colonies within the province; to erect +courts of judicature, and appoint civil judges, magistrates and officers; +to erect forts, castles, cities and towns; to make war; to levy, muster +and train men to the use of arms, and, in cases of necessity, to exercise +the martial law; to confer titles of honour, only they must be different +from those conferred on the people of England; to build harbours, make +ports, and enjoy customs and subsidies, which they, with the consent of +the freemen, should impose on goods loaded and unloaded; reserving the +fourth part of the gold and silver ore found within the province to the +crown. By the said charter the king granted them the patronage and +avowson of all churches and chapels, to hold and exercise the same +rights, powers and privileges as the bishop of Durham did in England: but +as it might happen that several of the inhabitants could not in their +private opinions conform to the exercise of religion, according to the +liturgy and ceremonies of the church of England; the proprietors had +power and authority granted them, to allow the inhabitants of the +province both indulgences and dispensations, as they in their discretion +should think proper and reasonable; and no person, to whom such liberty +should be granted, was to be molested, punished, or called in question +for any differences in speculative opinions with respect to religion; so +that all persons, of what denomination soever, had liberty to enjoy their +own judgments and consciences in religious concerns, provided they +disturbed not the civil order and peace of the province. And as the +assembly of freeholders could not be immediately called, the proprietors +had power granted them to make such orders and ordinances as might be +necessary to the government of the people and the preservation of peace, +and as were not repugnant to the laws and statutes of England. Liberty +was given to the king's liege subjects to transport themselves and +families to settle the province, only they were to remain immediately +subject to the crown of England, and to depend thereon for ever; and were +not compellable to answer to any cause or suit in any other part of his +majesty's dominions but in England and Wales. + + [Sidenote] Of the foundamental constitutions. + +Agreeable to the powers with which the proprietors were invested by their +charter, they began to frame a system of laws for the government of their +colony; in which arduous task they called in the great philosopher John +Locke to their assistance. A model of government, consisting of no less +than one hundred and twenty different articles, was framed by this +learned man, which they agreed to establish, and to the careful +observance of which, to bind themselves and their heirs for ever. But +there is danger of error, where speculative men of one country attempt to +sketch out a plan of government for another, in a different climate and +situation. This legislator must be acknowledged to have possessed great +abilities and merit; yet his fine-spun system proved in effect useless +and impracticable. Several attempts were afterwards made to amend these +fundamental constitutions, but all to little purpose; the inhabitants, +sensible of their impropriety, and how little they were applicable to +their circumstances, neither by themselves, nor by their representatives +in assembly, ever gave their assent to them as a body of laws, and +therefore they obtained not the force of fundamental and unalterable laws +in the colony. What regulations the people found applicable and useful, +they adopted at the request of their governors; but observed them on +account of their own propriety and necessity, rather than as a system of +laws imposed on them by British legislators. + +As the proprietors were so fond of these constitutions, and expressed so +much zeal for their establishment, it may not be improper to give a short +and imperfect view of them, especially such as were allowed to take place +in the government of the colony. The eldest of the eight proprietors was +always to be Palatine, and at his decease was to be succeeded by the +eldest of the seven survivors. This palatine was to sit as president of +the palatine's court, of which he and three more of the proprietors made +a quorum, and had the management and execution of all the powers of their +charter. This palatine's court was to stand in room of the king, and give +their assent or dissent to all laws made by the legislature of the +colony. The palatine was to have power to nominate and appoint the +governor, who, after obtaining the royal approbation, became his +representative in Carolina. Each of the seven proprietors was to have the +privilege of appointing a deputy to sit as his representative in +parliament, and to act agreeable to his instructions. Besides a governor, +two other branches, somewhat similar to the old Saxon constitution, were +to be established, an upper and lower house of assembly; which three +branches were to be called a Parliament, and to constitute the +legislature of the country. The parliament was to be chosen every two +years. No act of the legislature was to have any force unless ratified in +open parliament during the same session, and even then to continue no +longer in force than the next biennial parliament, unless in the mean +time it be ratified by the hands and seals of the palatine and three +proprietors. The upper house was to consist of the seven deputies, seven +of the oldest landgraves and cassiques, and seven chosen by the assembly. +As in the other provinces the lower house was to be composed of the +representatives from the different counties and towns. Several officers +were also to be appointed, such as an admiral, a secretary, a chief +justice, a surveyor, a treasurer, a marshal, and register; and besides +these, each county was to have a sheriff and four justices of the peace. +Three classes of nobility were to be established, called Barons, +Cassiques, and Landgraves; the first to possess twelve, the second +twenty-four, and the third forty-eight thousand acres of land, and their +possessions were to be unalienable. Military officers were also to be +nominated, and all inhabitants from sixteen to sixty years of age, as in +the times of feudal government, when summoned by the governor and grand +council, were to appear under arms, and, in time of war, to take the +field. + +With respect to religion, three terms of communion were fixed: First, To +believe that there is a God; Secondly, That he is to be worshipped; And, +thirdly, That it is lawful and the duty of every man when called upon by +those in authority, to bear witness to the truth. Without acknowledging +which, no man was to be permitted to be a freeman, or to have any estate +or habitation in Carolina. But persecution for observing different modes +and ways of worship, was expressly forbid, and every man was to be left +full liberty of conscience, and might worship God in that manner which he +in his private judgment thought most conformable to the divine will and +revealed word. This was the opinion of Mr. Locke with respect to +religious matters. He chose the word of God for his rule of life, and was +used to say, "That, at the day of judgment, it would not be asked whether +he was a follower of Luther or Calvin; but whether he embraced the truth +in the love of it." + + [Sidenote] William Sayle visits Carolina. + +Notwithstanding these preparations, several years elapsed before the +proprietors of Carolina made any serious efforts towards its settlement. +In 1667, they fitted out a ship, gave the command of it to Captain +William Sayle, and sent him out to bring them some account of the coast. +In his passage Captain Sayle was driven by a storm among the Bahama +islands, which accident he improved to the purpose of acquiring some +knowledge of them; particularly the island of Providence, which he judged +might be of service to the intended settlement of Carolina; for, in case +of an invasion from the Spaniards, this island, fortified, might be made +to serve either as a check to the progress of their arms, or a useful +retreat to unfortunate colonists. Leaving Providence, he sailed along the +coast of Carolina, where he observed several large navigable rivers +emptying themselves into the ocean, and a flat country covered with +woods. He attempted to go ashore in his boat, but observing some savages +on the banks of the rivers, he was obliged to drop his design; and, after +having explored the coast and the mouth of the rivers, he took his +departure and resumed to England. + + [Sidenote] And is appointed the first governor of it. + +His report to his employers, as might naturally be expected, was +favourable. He praised their possessions, and encouraged them to engage +with vigour in the execution of their project. His observations +respecting the Bahama islands induced them to apply to the king for a +grant of them. Charles bestowed on them by patent all those islands lying +between the 22d and 27th degrees of north latitude. Nothing then remained +but to make preparations for sending a colony to Carolina. Two ships were +procured, on board of which a number of adventurers embarked, with +provisions, arms, and utensils requisite for building and cultivation. +William Sayle, who had visited the country, was appointed the first +governor of it, and received a commission, bearing date July 26, 1669. +The expences of this first embarkation amounted to twelve thousand +pounds, which vigorous effort was a proof that the proprietor entertained +no small hopes with respect to their palatinate. The number of men, +however, must have been inconsiderable, and no ways adequate to the +undertaking, especially when we consider the multitude of savages that +ranged through that extensive wilderness. + + [Sidenote] Settles his colony on Ashley river. + +In what place Governor Sayle first landed is uncertain; but he was +dissatisfied with his first situation, and, moving to the southward, took +possession of a neck of land between Ashley and Cooper rivers. The +earliest instructions we have seen upon record were directed to the +governor and council of Ashley river, in which spot the first settlement +was made that proved permanent and successful. This place, however, was +more eligible for the convenience of navigation than for the richness of +its soil. But to struggle amidst a complication of difficulties and +dangers was the lot of such adventurers; to surmount which, at this early +period, no small degree of fortitude, patience and perseverance must have +been requisite. + + [Sidenote] Hardship of the first settlers, from the climate. + +New settlers in all countries and climates are subject to many hardships, +especially such as are in low and indigent circumstances; but those of +the first settlers of Carolina must have equalled, if not surpassed, +every thing of the kind to which men in any age have been exposed. To +fell the trees of the thick forest, and build habitations for themselves, +would probably be their first employment, before they began to clear +their spots of ground for raising the necessaries of life. In such a low +country, and warm climate, even this task must have been a considerable +burden. But Carolina, like other level countries overflowed with water, +is productive of many disorders, such as putrid fevers, agues, +dysenteries, and the like; and to fix habitations on such places where +the exhalations from stagnated waters and marshy swamps poisoned the air, +must have rendered them extremely unwholesome. During the summer months +the climate is so sultry, that no European, without hazard, can endure +the fatigues of labouring in the open air: for the most part, the weather +during this season is very clear and serene, excepting when a +thunder-storm happens, which cools the air, suddenly stops perspiration, +and becomes exceedingly dangerous to labourers of little precaution. +Besides, the violent heat continues through the night, and denies the +weary workman the natural refreshment of sleep. The autumn introduces +cool evenings and mornings, while the noon-day is intolerably warm; which +change, together with the thick fogs that commonly fall at this season, +rendered it the most unhealthy division of the year. In winter, though +the degree of cold is not so great as in the more northern climates of +America, yet it is severely felt by the human body, exhausted and relaxed +with the summer heat; and when the wind shifts suddenly from any quarter +to the north-west or north, it blows extremely sharp and piercing, brings +along with it sometimes frost and snow, and renders the warmest clothing +requisite. The spring is the most temperate and delightful season of the +year: it begins early, and diffuses its enlivening influence over the +fields and forests. Experience had not yet taught the young colonists the +methods either of improving the advantages, or guarding against the +disadvantages of the climate, and therefore it is no wonder that they +found themselves involved at this period in a complication of hardships. + + [Sidenote] And from the Indians. + +To enhance their distress, they were surrounded with tribes of warlike +savages, who viewed them with a jealous eye, and were by no means pleased +at the encroachments made on their natural possessions. The tribes called +Stonoes and Westoes were particularly troublesome. The colonists, indeed, +were furnished with arms and ammunition from the storehouse of the +proprietors, yet as they lived in the midst of perpetual alarms, their +condition must have been deplorable. Nor did the musket give those +strangers to the woods such an advantage over the bow and arrow in the +hands of the Indians, as some people may be apt to imagine. The savage, +quick-sighted, and accustomed to perpetual watchfulness, springs from his +den behind a bush, and surprizes his enemy with the pointed arrow before +he is aware of danger. He ranges through the trackless forest like the +beasts of prey, and safely sleeps under the same canopy with the wolf and +bear. His vengeance is concealed, and sends the tidings in the fatal +blow. The first settlers were obliged to stand in a continual posture of +defence; and as they could not be supposed to understand the political +methods of managing their barbarous neighbors, they must have been +subjected to all the hardships arising from their ignorance and dangerous +condition. + +While one party was employed in raising their little habitations, another +was always kept under arms, to watch the motions of these Indians. The +governor shared those hardships along with his fellow adventurers, and by +his example animated and encouraged them to perseverance. The only fresh +provisions they could procure were fish from the river, and what game +they could kill with their gun. While the settlers were struggling under +the difficulties inseparable from the first state of colonization, the +ship Blessing, belonging to the proprietors, commanded by Captain +Matthias Halstead, happily arrived, and brought them a seasonable supply +of necessaries. At the same time deputies from the other proprietors came +over, to assist the governor in the discharge of the duties of his +office. They brought with them twenty-three articles of instruction, +called Temporary Agrarian Laws, intended for the equitable division of +lands among the people; but whatever difficulties or inconveniencies +might occur in the execution of them, the governor had directions to +represent them to the proprietors, who had reserved to themselves the +sole power of making alterations in them. At the same time, the governor +received a plan of a magnificent town, to be laid out on the neck of land +between the two rivers, to be called Charlestown, in honour of the king. +Captain Halstead was employed, during his stay, in sounding the rivers, +for the benefit of navigation, which were found sufficiently deep, and +excellently calculated for the purposes of trade. + + [Sidenote] Sir John Yeamans arrives at Carolina. + +About this time the Duke of Albemarle, who was the first palatine, died, +and was succeeded by the Earl of Craven, as eldest proprietor. John +Locke, Sir John Yeamans, and James Carteret, were created landgraves, to +make part of the nobility required by the fundamental constitutions. Sir +John was the eldest son and heir of Robert Yeamans alderman of Bristol, +who was imprisoned and executed in 1643, by order of Nathaniel Fienes, +son to Lord Say, who had been appointed governor of Bristol by the +parliament. His son, Sir John, was afterwards advanced to the dignity of +baronet by King Charles the second in 1664, as a reward for the steady +loyalty and heavy sufferings of his father. But as the violence of the +preceding times, which had deprived Sir John of his father, had also +injured him in his private fortune, he embarked for the island of +Barbadoes, at that time in a flourishing condition, to hide his poverty +from his acquaintance in England, and endeavour to acquire a fortune +suitable to his dignity. When Carolina was settled, having received a +grant of a large tract of land from the proprietors, he, with several +respectable followers, retired to that infant colony, to forward by his +presence and example, the interest of his generous and beloved friends, +from whom he had received great encouragement and assistance. + + [Sidenote] A.D. 1671. + [Sidenote] And is appointed governor. + +Soon after his arrival in Carolina, Governor Sayle fell a sacrifice to +the hardships of the climate. Upon his death the council met, and Sir +John claimed the office of vice-palatine in consequence of his rank, +being the only landgrave resident in the colony. But the council, who +were empowered to elect a governor in such a case, chose to prefer Joseph +West, until a special appointment arrived from England. West was a +popular man, much esteemed among the colonists for his activity, courage, +and prudence. However, he did not long remain in office, for the first +vessel that arrived from England brought a commission to Sir John +Yeamans, constituting him governor of the colony. + + [Sidenote] Various causes contribute to the settlement + of the country. + +Here it may be remarked, that various causes contributed towards the +population of this settlement, as well as those in the more northern +climates. After the Restoration, a total change in the manners of the +English nation took place, and many of the people from the strictest +rigour and severity in point of morals, became profane, dissolute and +abandoned. The Cavaliers, who had suffered during the usurpation, began +to retaliate on the Puritans, and having obtained the ascendency over +them in public affairs, on all occasions treated them with severe +ridicule and supercilious contempt. On the other hand, the morose +republican party, highly offended at the licentious manners and growing +wickedness of the times, ardently wished for some distant retreat to +shelter themselves from the storm of divine judgments which they believed +hung over the corrupted and profligate nation. To prevent disturbances +from these different parties, Lord Clarendon, and many more of the king's +council, from maxims of policy, encouraged emigration, which they +considered as a sovereign remedy for political disorders. A new field was +opened in Carolina for discontented and turbulent spirits, to whom the +proprietors promised grants of land, upon condition they would transport +themselves and families to that quarter. They knew that industry was a +good cure for enthusiasm, and that enthusiasm was an excellent spur to +new and hazardous undertakings. The privilege of liberty of conscience +allowed to every one by the charter equally suited all parties, and +proved a great encouragement to emigration. New-England indeed had drawn +over many of the warmest and most turbulent republicans, and proved a +happy shelter to some against the terrors of future reckonings. Still, +however, multitudes remained in the nation, who, being discontented with +their present circumstances, were willing to seek for liberty of +conscience in the deserts of America. Accordingly, many dissenters +embraced the offers of the proprietors, and the infant colony received +its earliest acquisitions from this restless and troublesome party. + +Other reasons of state contributed to render those new settlements +seasonably useful and important to the king. Several of his zealous +friends had been ruined by their steady adherence to his family during +the civil war, which had subverted the English monarchy; many brave +officers and soldiers of the royal army had been reduced to indigent +circumstances, for whom the king could make little provision in England; +these useful subjects and faithful friends merited the compassion of +their country, and being inured to face dangers, for landed estates were +willing to accept of grants in the neighbourhood of Indian savages. By +this time several of the settlers in Virginia and Barbadoes had been +successful, and having surmounted the difficulties attending the first +state of colonization, were living in easy and plentiful circumstances. +The lands of Carolina were esteemed equal, if not superior in value, to +those of the northern colonies. Here the servants of the king could +provide for his friends without any expence to the nation, and by this +means not only secured their attachment, but also extended his power. +Grants of land were allowed them in Carolina by the proprietors, where it +was thought they might in time enrich themselves, and become beneficial +to the commerce and navigation of the mother country. + +From this period every year brought new adventurers to Carolina. The +friends of the proprietors were invited to it, by the flattering +prospects of obtaining landed estates at an easy rate. Others took refuge +there from the frowns of fortune and the rigour of unmerciful creditors. +Youth reduced to misery by giddy passion and excess embarked for the new +settlement, where they found leisure to reform, and where necessity +taught them the unknown virtues of prudence and temperance. Restless +spirits, fond of roving abroad, found also the means of gratifying their +humours, and abundance of scope for enterprise and adventure. It cannot +be deemed wonderful if many of them were disappointed, especially such as +emigrated with sanguine expectations. The gaiety, luxury and vices of the +city were bad qualifications for rural industry, and rendered some +utterly unfit for the frugal simplicity and laborious task of the first +state of cultivation. An hardy race, inured to labour, hunger, and +fatigue, were best adapted for making impressions on the thick forest, +and not such emigrants as left the city, tinctured with its vices and +fond of luxury and ease. Nor could the Puritans, who settled before +them, promise themselves much greater success than their neighbours; +though more rigid and austere in their manners, and more religiously +disposed, their scrupulosity about trifles and ceremonies, and their +violent and litigious dispositions, created trouble to all around them, +and disturbed that general harmony so necessary to the welfare and +prosperity of the young settlement. From the various principles which +actuated the populace of England, and the different sects who composed +the first settlers of Carolina, nothing less could be expected, but that +the seeds of division should be imported into that country with its +earliest inhabitants. + +We are apt to attend chiefly to the desolating wars, or the great and +surprising revolutions which happen to kingdoms in their populous and +advanced state, and to pass over the events of their rise and progress as +trifling and inconsiderable; but as the greatest nations upon earth have +gradually sprung from such beginnings, it is no less curious and +instructive to view the smaller transactions of their infant state, than +the grander events of their mature age. Kingdoms in the political world, +like plants in the vegetable, have their stages of rise, progress, +perfection, and decline; and, in the fields of nature, it is equally +pleasant to mark the buds of the spring, as the bloom of summer, or the +decay of autumn. + + [Sidenote] America peopled in an improved age. + +One advantage certainly attended the various settlements in America, of +which no European state can boast. Being peopled from civilized nations +in an enlightened age, when records are carefully kept and faithfully +preserved, the events of their rise and progress, though not so +important, were equally clear as those of their more perfect state: +whereas the history of the origin of eastern nations could only be +transmitted to future generations by the songs of bards or oral +tradition. Ignorance of geography, and the art of printing not being then +invented, must have rendered the transactions of rude and barbarous ages +so precarious and obscure, that if the dead of past ages were to revive, +they could scarcely be able to recognize the complexion of their own +time. Even in the ages preceding the invention of printing, and the happy +Reformation, many events lie buried in darkness and oblivion. The small +knowledge which then existed being confined to the clergy, their accounts +do not merit entire credit; for the various orders of ecclesiastics at +that time were too much under the influence of monkish pride and +superstition, to transmit faithful memorials to posterity. + + [Sidenote] The first treaty with Spain respecting it. + +Before the year 1667, there is no mention made of America in any treaty +between England and Spain, the latter being contented to keep up her +ancient claims to that country, and the former careful to keep and +improve the footing she had already gained in it. However, a few years +after Carolina was settled, Sir William Godolphin concluded a treaty with +Spain, in which, among other articles, it was agreed, "That the King of +Great-Britain should always possess, in full right of sovereignty and +property, all the countries, islands, and colonies, lying and situated in +the West Indies, or any part of America, which he and his subjects then +held and possessed, insomuch that they neither can nor ought thereafter +to be contested on any account whatsoever." The Bucaniers, who had for +many years infested Spanish America, were now cut off from all future +protection from the English government in their hostile invasions of +these dominions, and all commissions formerly granted to such pirates, +were recalled and annulled. By this treaty, the freedom of navigation in +these American seas was opened to both nations; and all ships in +distress, whether from storms, or the pursuit of enemies and pirates, +taking refuge in places belonging either to Britain or Spain, were to be +treated with humanity, to meet with protection and assistance, and to be +permitted to depart without molestation. These things merit particular +notice, as by this treaty Spain evidently gave up all future pretensions +to the country of Carolina granted to the proprietors by the king; and +this freedom of navigation, provided for in such express terms, was +violated, as we shall afterwards see, by the Spaniards, and proved the +occasion of a bloody war between the two nations. Not long after this, a +treaty of neutrality between Britain and France was also concluded; by +which negotiations the possessions of Great Britain, France, and Spain, +in the western world, were better ascertained; and the freedom of +commerce and navigation was more firmly established by those three great +potentates, than had taken place in any former period. + + [Sidenote] A council of commerce is instituted. + +It is not improbable that King Charles the second, during his exile, had +acquired in Holland some knowledge in trade, and seen the vast advantage +resulting from it to that republic; for after his return to his native +dominions, he made the naval strength of England, and her commercial +affairs, the principal objects of attention. He instituted a select +council of commerce, consisting of a president, vice-president, and nine +counsellors, for the encouragement of trade, navigation and the colonies. +Instead of the former method, of referring all commercial concerns to a +fluctuating committee of the privy-council, this institution was intended +to chalk out a particular line of duty, which was to engage the whole +attention of that board. But the king was so immersed in private luxuries +and pleasures, that it was difficult to keep him steady and firm to any +laudable public regulation. The annual expence attending this excellent +institution he soon found was too heavy, and therefore it was dropt, and +the affairs of commerce returned to their former tedious and fluctuating +channel. + + [Sidenote] A legislature is formed in the colony. + +In Carolina Sir John Yeamans had entered on the government with an +uncommon zeal for the success of the settlement, and a grateful anxiety +to discharge the duties of his trust with fidelity and honour. The +proprietors, fond of their new form of government, had instructed him to +use his endeavours to introduce it, as the most excellent of its kind, +and wisely adapted to promote the prosperity and happiness of the people. +Accordingly, Sir John summoned the people together, ordered the +fundamental constitutions to be read, and representatives to be elected. +The province was divided into four counties, called Berkeley, Colleton, +Craven, and Carteret counties. The people, who had hitherto lived under a +kind of military government, now began to form a legislature for +establishing civil regulations. Ten members were elected as +representatives for Colleton, and ten for Berkeley counties. A committee, +consisting of Stephen Bull, Ralph Marshal, and William Owen, were +nominated for framing some public regulations. Three acts were proposed +by them as beneficial; the first, to prevent persons leaving the colony; +the second, to prohibit all men from disposing of arms and ammunition to +Indians; and the third, for the regular building of Charlestown. + + [Sidenote] Its troubles from the Spaniards. + +Notwithstanding the public treaty already mentioned, a religious society +of the Spanish nation laid claim to the large territory of Florida, not +only on the foot of prior discovery, but also by virtue of a grant from +the pope; and the garrison kept at Augustine regarding the British +settlement as an encroachment on their possessions, were disposed to +throw every difficulty in the way of the Carolineans, in order to compel +them to relinquish the country. They encouraged indented servants to +leave their masters, and fly to them for liberty and protection. They +instilled into the savage tribes the most unfavourable notions of British +heretics, and urged them on to the destruction of the colony. Good policy +required that the governor should keep a watchful eye on the motions of +such neighbours, and guard his weak and defenceless colony against the +pernicious designs of their Spanish rivals. Some men he discovered who +were attempting to entice servants to revolt; these were ordered to +receive so many stripes. Others, in defiance of the feeble power of the +magistrate, took to such courses as were subversive of public peace and +justice. Except a few negroes whom Sir John Yeamans and his followers +brought along with them from Barbadoes, there were no labourers but +Europeans for the purposes of culture. Until the fields were cleared the +brute creation could afford the planters no assistance; the weak arm of +man alone had to encounter all the hardships of clearing and cultivation, +and the thick forest seemed to bid defiance to his strength. Hard indeed +was the task of these labourers while employed in felling the large and +lofty trees, and all the while exposed to the heat of an inclement sky, +and the terrors of barbarous enemies; with great truth it may be said of +them, that they purchased their scanty morsel with the sweat of their +brows. After all, the provisions they raised were exposed to the +plundering parties of savage neighbours, and one day often robbed them of +the dear-bought fruits of their whole year's toil. + + [Sidenote] Its domestic troubles and hardships. + +It is no easy matter to describe the dreadful extremities to which these +poor settlers were sometimes reduced. During the government of Sir John +Yeamans a civil disturbance broke out among the colonists, which +threatened the ruin of the settlement. At such a distance it was very +difficult for the proprietors to furnish their colony with regular +supplies; and the spots of sandy and barren land they had cleared poorly +rewarded their toil. Small was the skill of the planter, and European +grain, which they had been accustomed to sow, proved suitable to neither +soil nor climate. The emigrants being now, from sad experience, sensible +of difficulties inseparable from their circumstances, began to murmur +against the proprietors, and to curse the day they left their native +land, to starve in a wilderness. While they gathered oysters for +subsistence with one hand, they were obliged to carry their muskets for +self-defence in the other. A great gun had been given to Florence +O'Sullivan, which he placed on an island situate at the mouth of the +harbour, to alarm the town in cases of invasion from the Spaniards. +O'Sullivan deserted his island, being ready to perish with hunger, and +joined the discontented party in the town. The people became seditious +and ungovernable, and threatened to compel the governor to relinquish the +settlement: even Mr. Culpepper the surveyor-general, joined them in their +complaints and murmurs. The greatest prudence and courage were requisite +to prevent tumults, and animate the colonists to perseverance. Florence +O'Sullivan was taken up by the marshal on a charge of sedition, and +compelled to find security for his future good behaviour. One sloop, +commanded by Joseph Harris, was despatched to Virginia, another to +Barbadoes, to bring provisions. Happily before their return a seasonable +supply arrived from England, together with a number of new settlers, +which revived the drooping spirits of the people, and encouraged them to +engage in more vigorous efforts. The governor, sensible of the hardships +the people had suffered, the more readily forgave them for their past +misconduct; but as Mr. Culpepper held an office from the proprietors, he +sent him to England to be tried by them for joining the people in +treasonable conspiracies against the settlement. + +The garrison at Augustine having intelligence from servants who fled to +them of the discontented and miserable situation of the colony in +Carolina, advanced with a party under arms as far as the island of St. +Helena, to dislodge or destroy the settlers. Brian Fitzpatrick, a noted +villain, treacherously deserted his distressed friends on purpose to join +their enemies. However, Sir John Yeamans having received a reinforcement, +set his enemies at defiance. Fifty volunteers, under the command of +Colonel Godfrey, marched against the Spaniards, who, on his approach, +evacuated the island of St. Helena, and retreated to Augustine. + + [Sidenote] A war among the Indians seasonable for the settlement. + +At this period, to form alliances with Indian tribes was an object of +great importance with the governor and council. One circumstance proved +favourable to the colony at the time of its settlement. The Westoes, a +powerful and numerous tribe, who harboured an irreconcileable aversion to +the white faces of strangers, would have proved a dangerous enemy to +them, had not their attention been occupied by the Serannas, another +Indian nation. A bloody war between these two tribes providentially +raged, and was carried on with such fury, that in the end it proved fatal +to both. This served to pave the way for the introduction and +establishment of this British settlement, which otherwise might have +shared the same unhappy fate with the first adventurers to Virginia. Many +tribes besides that might no doubt have extirpated the colony, but it is +probable the governor studied by every means to avoid giving them any +provocation, and to conciliate their affection and esteem. + + [Sidenote] Of Indians in general. + +While we now and then turn our eyes to those wild hunters who ranged +through the American woods, we must guard against such false and horrid +descriptions of them, as some who have suffered from their warlike temper +have exhibited to the world. Many authors have discovered unreasonable +prejudices against them, and shewn that they either wanted judgment to +distinguish, or candour to make due allowances for, the failings peculiar +to all nations in the same rude and uncultivated state. When Julius Cesar +carried the Roman arms into Britain, and Germanicus over-run the forests +of Germany, did they not find the silvestres of those countries little, +if at all, more civilized than the brown natives of America? If the +Indians were offended at the encroachments made by strangers on lands +which they had possessed unmolested for time immemorial, that is nothing +wonderful or uncommon. Lands may be called the first property of all +nations on the face of the earth. While unacquainted with the advantages +of pasturage and agriculture, a greater extent of hunting lands are +requisite for their subsistence. Through this territory, now possessed by +Europeans, they had been accustomed to range, independent, fearless and +free. If they were ready to defend their property at the risque of life, +this practice is nothing more than what all nations in the same barbarous +state have followed. Until laws were made to prevent and redress wrongs, +and men delivered up their arms to the civil magistrate, have they not, +in every age, had recourse to forcible means for the defence of their +property? The natives of Carolina were doubtless displeased at the +encroachments of strangers on their inheritance, and if they had not +advanced a single step towards civilization, no man can reasonably expect +from them a conduct incompatible with their natural circumstances. The +woods abounded with deer and buffaloes, which, when young, might have +been domesticated; but on such employment no Indian had entered; it +probably appeared to him equally despicable as that of agriculture. + + [Sidenote] The occasion of Europeans being peaceably admitted among + them. + +The first bond of union and affection between Europeans and Americans was +conveniency. At this early period, to the Indian a knife, a hatchet, or a +hoe, was a useful and invaluable acquisition. He observed with what +facility the strangers supplied their wants, which were many in +comparison with his, by means of the various implements they used. The +woods fell before the axe, the earth opened before the hoe or the spade; +and the knife was useful on numberless occasions. He admired the skill of +white men in making those implements of ease and profit, and voluntarily +offered them his deer skins, the only riches he had which could procure +them. The love of ease was as natural to the one as the other, and he +would rather give them the profits of a year's hunting than want such +instruments. Having obtained these in process of time, he found the +tomahawk and musket equally useful; these he also coveted, and could not +rest till he obtained them. What was at first only convenient, as his +wants increased, became absolutely necessary, by which means the original +bond was strengthened and confirmed. As the channel of commerce opened, +the Indian found that he was not only treated with friendship and +civility, but that the white people were equally fond of his skins, furs +and lands, as he was of their gaudy trinkets, and various implements of +convenience and advantage. It was this connection that induced the native +inhabitants of the forest, peaceably to admit stranger differing so much +in complexion, language and manners, among them and allow them to clear +and cultivate their lands. + +From the ignorance of Englishmen with respect to the policy and customs +of these wild tribes, they must have been exposed to numberless dangers +in the earlier periods of their commercial intercourse. At first, the +rude manners of the western savages must have been equally strange to the +European, as the civilized manners of eastern nations to the Indian. The +commerce itself served to enhance the danger; for although Indians lived +much dispersed, yet they united under one chief, and formed different +towns, all the lands around which they claimed as their property. The +boundaries of their hunting grounds being carefully fixed, each tribe was +tenacious of its possessions, and fired with resentment at the least +encroachment on them. Every individual looked on himself as a proprietor +of all the lands claimed by the whole tribe, and bound in honour to +defend them. This may serve to account for many umbrages (which we shall +afterwards have occasion to mention) taken by Indians in general at +purchases made and titles obtained by private persons, and even by +particular provinces: for no Indian, however great his influence and +authority, could give away more than his own right to any tract of land, +which, in proportion, is no more than as one man to the whole tribe. To +all such gifts the concurrence and consent of the whole nation must be +obtained. Here a large source of difference and quarrels opened, and a +foolish bargain of an individual often exposed the European settlers to +the fury and vengeance of the whole clan. + + [Sidenote] General remarks on the manners, government and religion, + _&c._ of the Indians. + +Those inhabitants, like beasts of prey, traverse the forest, and while +they neither encroach on their neighbours territories, nor are at war +with another tribe, enjoy freedom in the most extensive sense of the +word. In stature they are of a middle size, neither so tall nor yet so +low as some Europeans. To appearance they are strong and well made; yet +they are totally unqualified for that heavy burden or tedious labour +which the vigorous and firm nerves of Europeans enable them to undergo. +None of them are deformed, deformities of nature being confined to the +ages of art and refinement. Their colour is brown, and their skin shines, +being varnished with bears fat and paint. To appearance the men have no +beards, nor hair on their head, except a round tuft on its crown; but +this defect is not natural, as many people are given to believe, but the +effect of art, it being customary among them to tear out such hair by the +root. They go naked, except those parts which natural decency teaches the +most barbarous nations to cover. The huts in which they live are foul, +mean and offensive; and their manner of life is poor, nasty and +disgustful. In the hunting season they are eager and indefatigable in +pursuit of their prey; when that is over, they indulge themselves in a +kind of brutal slumber, indolence and ease. In their distant excursions +they can endure hunger long, and carry little with them for their +subsistence; but in days of plenty they are voracious as vultures. While +dining in company with their chieftains, we were astonished at the vast +quantity of meat they devoured. Agriculture they leave to women, and +consider it as an employment unworthy of a man: indeed they seem +amazingly dead to the tender passions, and treat their women like slaves, +or beings of an inferior rank. Scolding, insults, quarrels, and +complaints, are seldom heard among them: on solemn occasions they are +thoughtful, serious, and grave; yet I have seen them free, open and merry +at feasts and entertainments. In their common deportment towards each +other they are respectful, peaceable, and inoffensive. Sudden anger is +looked upon as ignominious and unbecoming, and, except in liquor, they +seldom differ with their neighbour, or ever do him any harm or injury. As +for riches they have none; nor covet any; and while they have plenty of +provisions, they allow none to suffer through want: if they are +successful at hunting, all their unfortunate or distressed friends share +with them the common blessings of life. + +Although in some particular customs the separate tribes of Indians differ +from each other, yet in their general principles and mode of government +they are very similar. All have general rules, with respect to other +independent tribes around them, which they carefully observe. The great +concerns relating to war or peace, are canvassed in assemblies of +deputies from all the different towns. When injuries are committed, and +Indians of one tribe happen to be killed by those of another, then such a +meeting is commonly called. If no person appears on the side of the +aggressors, the injured nation deputes one of their warriors to go to +them, and, in name of the whole tribe, to demand satisfaction: if this is +refused, and they think themselves able to undertake a war against the +aggressors, then a number of warriors, commonly the relations of the +deceased, take the field for revenge, and look upon it as a point of +honour never to leave it till they have killed the same number of the +enemy that had been slain of their kinsmen. Having accomplished this, +they return home with their scalps, and by some token let their enemy +know that they are satisfied. But when the nation to whom the aggressors +belong, happen to be disposed to peace, they search for the murderers, +and they are, by the general judgment of the nation, capitally punished, +to prevent involving others in their quarrel; which act of justice is +performed often by the aggressor's nearest relations. The criminal never +knows of his condemnation until the moment the sentence is to be put in +execution, which often happens while he is dancing the war dance in the +midst of his neighbours, and bragging of the same exploit for which he is +condemned to die. + +In different ages mankind in similar circumstances, with respect to their +progress in improvements, bear a striking resemblance one to another. The +accounts of rude and barbarous Indians may be so far curious and +instructive, as they serve to throw light on several earlier periods of +history, both sacred and profane. The American savages almost universally +claim the right of private revenge. It is considered by them as a point +of honour to avenge the injuries done to friends, particularly the death +of a relation. Scalp for scalp, blood for blood, and death for death, can +only satisfy the surviving friends of the injured party. The same law of +retaliation was established among the ancient Jews and Romans. But should +the wise and aged men of weight and influence among Indians interpose, on +account of some favourable circumstances on the side of the aggressor, +perhaps satisfaction may be made by way of compensation. In this case, +some present made to the party aggrieved serves to gratify their passion +of revenge, by the loss the aggressor sustains, and the acquisition of +property the injured receives. Should the injured friends refuse this +kind of satisfaction, which they are entirely at liberty to do, then the +murderer, however high his rank may be, must be delivered up to torture +and death, to prevent the quarrel spreading wider through the nation. +This custom of making compensation also prevailed among European nations +in their earlier and more uncultivated ages. In the time of Tacitus, the +relations of the maimed or murdered person, among the Germans, were +obliged to accept of a compensation, and restrain the spirit of revenge. +During the Anglosaxon period in England, laws were made to determine the +various fines for murder, man-slaughter, wounds and other injuries, and +prices were fixed on the heads of men according to their rank. In case of +adultery among Indians, the injured husband considers himself as under an +obligation to revenge the crime, and he attempts to cut off the ears of +the adulterer, provided he be able to effect it; if not, he may embrace +the first opportunity that offers of killing him, without any danger from +his tribe. Then the debt is paid, and the courage of the husband proved. +This is more severe than the law of Ethelbert, which admitted of a fine +from the adulterer, and obliged him to purchase another wife for the +injured husband. + +With respect to internal government, these savages have also several +customs and regulations to which the individuals of the same tribe +conform. Personal wisdom and courage are the chief sources of distinction +among them, and individuals obtain rank and influence in proportion as +they excel in these qualifications. Natural reason suggests, that the man +of the greatest abilities ought to be the leader of all possessed of +inferior endowments; in him they place the greatest confidence, and +follow him to war without envy or murmur. As this warrior arrives at +honour and distinction by the general consent; so, when chosen, he must +be very circumspect in his conduct, and gentle in the exercise of his +power. By the first unlucky or unpopular step he forfeits the goodwill +and confidence of his countrymen, upon which all his power is founded. +Besides the head warrior, they have judges and conjurers, whom they call +Beloved Men, who have great weight among them; none of whom have indeed +any coercive authority, yet all are tolerably well obeyed. In this +commonwealth every man's voice is heard, and at their public +deliberations the best speakers generally prevail. When they consult +together about important affairs, such as war or peace, they are serious +and grave, and examine all the advantages and disadvantages of their +situation with great coolness and deliberation, and nothing is determined +but by the general consent. When war is the result of their councils, and +the great leader takes the field, any one may refuse to follow him, or +may desert him, without incurring any punishment, but by such ignominious +conduct he loses his reputation, and forfeits the hopes of distinction +and preferment. To honour and glory from warlike exploits the views of +every man are directed, and therefore they are extremely cautious and +watchful against doing any action for which they may incur public censure +and disgrace. + +The Indians, like all ignorant and rude nations, are very superstitious. +They believe that superior beings interfere in, and direct, human +affairs, and invoke all spirits, both good and evil, in hazardous +undertakings. Each tribe have their conjurers and magicians, on whose +prophetic declarations they place much confidence, in all matters +relating to health, hunting, and war. They are fond of prying into future +events, and therefore pay particular regard to signs, omens, and dreams. +They look upon fire as sacred, and pay the author of it a kind of +worship. At the time of harvest and at full moon they observe several +feasts and ceremonies, which it would seem were derived from some +religious origin. As their success, both in warlike enterprises and in +procuring subsistence depends greatly on fortune, they have a number of +ceremonious observances before they enter on them. They offer in +sacrifice a part of the first deer or bear they kill, and from this they +flatter themselves with the hopes of future success. When taken sick they +are particularly prone to superstition, and their physicians administer +their simple and secret cures with a variety of strange ceremonies and +magic arts, which fill the patients with courage and confidence, and are +sometimes attended with happy effects. + + [Sidenote] A Dutch colony brought to Carolina. + +During the time Sir John Yeamans was governor of Carolina, the colony +received a great addition to its strength from the Dutch settlement of +Nova Belgia, which, without any resistance, surrendered to the armament +commanded by Sir Robert Carr, and became subject to England. Charles the +second gave it to his brother the Duke of York, who called the province +New-York, and governed it on the same arbitrary principles which +afterwards rendered him so obnoxious to the English nation. After the +conquest many of the Dutch colonists, who were discontented with their +situation, had formed resolutions of moving to other provinces. The +proprietors of Carolina offered them lands and encouragement in their +palatinate, and sent their ships Blessing and Phoenix and brought a +number of Dutch families to Charlestown. Stephen Bull, surveyor-general +of the colony, had instructions to mark out lands on the southwest side +of Ashley river for their accommodation. There each of the Dutch +emigrants drew lots for their property, and formed a town, which was +called James-town. This was the first colony of Dutch who settled in +Carolina, whose industry surmounted incredible hardships, and whose +success induced many from ancient Belgia afterwards to follow them to the +western world. The inhabitants of James-town, afterwards finding their +situation too narrow and circumscribed, in process of time spread +themselves through the country, and the town was totally deserted. + + [Sidenote] A.D. 1674. Joseph West made governor. + +About the year 1674, Sir John Yeamans being reduced to a feeble and +sickly condition by the warm climate, and his indefatigable labours for +the success of the settlement, returned to Barbadoes, where he died. +After his departure the grand council again chose Joseph West governor; +and the palatine confirmed the election. A meeting of all the freemen was +called at Charlestown, where they elected representatives, for the +purpose of making laws for the government of the colony. Thomas Gray, +Henry Hughs, Maurice Mathews, and Christopher Portman, were chosen +deputies from the people, and took their seat at the upper house of +assembly. These new members were obliged to take an oath, that they +should shew equity and justice to both rich and poor, without favour or +affection; that they should observe the laws of England, and those that +should hereafter be established in the colony; that they should obey the +rules and directions of the proprietors; that they should not divulge the +secrets of the grand council, without sufficient authority from that +board. A question being put, whether the deputies of the proprietors +should take the same oath? it was judged unnecessary, as they held their +appointments during pleasure, and were immediately answerable to the +proprietors for their conduct. Now the colony had its governor, its upper +and lower house of assembly, which three branches took the name of +Parliament, agreeable to the constitutions. This was the first parliament +that passed acts which are ratified by the proprietors, and found on +record in the colony. + + [Sidenote] Variances break out in the colony. + +It might have been expected, that these adventurers, who were all +embarked on the same design, would be animated by one spirit, and zealous +above all things to maintain harmony and peace among themselves; they had +all the same hardships to encounter, the same enemies to fear, and the +same cause, the prosperity of the settlement, to promote. In such +circumstances, the governor had good reason to hope, that one common +desire of safety, and principle of love and friendship, would pervade the +whole colony; yet nothing is more certain than that the contrary effect +took place. The most numerous party in the country were dissenters, of +various denominations, from the established church of England; which body +of men, whatever high pretensions they may affect to superior sanctity of +manners, have not always been found the most peaceable members of +society. A number of cavaliers having received grants from the +proprietors, had now brought over their families and effects, and joined +the Puritans in Carolina. The latter were looked upon by the proprietors +with a partial eye, as men of honour, loyalty and fidelity, and met with +great indulgence and encouragement; by which means they thrust themselves +into offices of trust and authority. The Puritans, on the other hand, +viewed them with the eye of envy and jealousy, and having suffered from +them in England, could not bear to see the smallest share of power +committed to them in Carolina. Hence the seeds of strife and division, +which had been imported into the colony, began to spring forth, and, as +if brought to a warmer and more fertile soil, to grow so rank as to +promise little peace and happiness to the young settlement. No common +dangers or difficulties could blot out of their memories the prejudices +and animosities contracted in England: the odious terms of distinction +were revived and propagated among the people, and while one party were +attached to the church of England, the other, who had fled from the +rigour of ecclesiastical power, were jealous above all things of +religious liberties, and could bear no encroachment on them. The governor +found that matters of religion were tender points, and therefore wisely +avoided all deliberations about them, chusing rather to leave every man +to his free choice, than propose an establishment of any kind, which he +saw would occasion trouble and division among the people. + +Another source of difficulty arose to government from the different +manners of these colonists. These emigrants were not a people accustomed +to rural labours and frugal simplicity, but many of them pampered +citizens, whose wants luxury had increased, and rendered them impatient +of fatigue and the restraints of legal authority. The sober and morose +life, the stiff and rigid morals of the Puritans, were made the objects +of ridicule by their neighbours, and all the powers of wit and humour +were employed in exposing them to public derision and contempt. Their +levelling spirit, republican principles, and contentious disposition, +they declared merited the hatred and abhorrence of every man of honour +and honesty, as they had served to produce in England that race of sly, +deceitful and hypocritical wretches, who had been the curse and scourge +of the nation. The Puritans, on the other hand, possessed of no small +share of rancour and malevolence, and exasperated by their licentious +manner and grievous abuse, violently opposed their influence among the +people. Hence arose a number of difficulties in framing laws, in +distributing justice, and in maintaining public order and tranquillity. +Governor West, observing those dissentions breaking out in the +settlement, was at no small pains to keep them within the bounds of +moderation, but having a council composed of ambitious cavaliers, was +unable entirely to check the disorder. In spite of his authority, the +Puritans were treated with insolence and neglect, and the colony, +distracted with domestic differences, were ill prepared for defence +against external enemies: not only so, but such divisions occasioned a +neglect of industry and application, which prevented the country from +making that progress in improvement which might have been expected from +its natural advantages. + + [Sidenote] A trade in Indians encouraged. + +At this unfavourable juncture the Indians, from Stono, came down in +straggling parties, and plundered the plantations of the scanty and +dearly earned fruits of labour and industry. Being accustomed to the +practice of killing whatever came in their way, they ranked the planter's +hogs, turkeys and geese among their game, and freely preyed upon them. +The planters as freely made use of their arms in defence of their +property, and several Indians were killed during their depredations. This +occasioned a war, and the Indians poured their vengeance +indiscriminately, as usual, on the innocent and guilty, for the loss of +their friends. Governor West found it necessary to encourage and reward +such of the colonists as would take the field against them for the public +defence. Accordingly, a price was fixed on every Indian the settlers +should take prisoner, and bring to Charlestown. These captive savages +were disposed of to the traders, who sent them to the West-Indies, and +there sold them for slaves. This traffic was deemed by some an inhuman +method of getting rid of troublesome neighbours; yet, at this period, the +planters had some reasons to plead in its vindication. Lands indeed were +given as the reward of valour; but lands, without hands to cultivate +them, were rather a burden, than any way beneficial, to men who were +allowed more by the proprietors than they could turn to any profit. But +the planters had an immediate reward for Indian prisoners, and while it +encouraged bold adventurers, it was made a profitable branch of trade. +Whether the rum which was imported into the colony, in return for these +Indians, proved of beneficial consequence or not, we shall not pretend to +determine, as this depended on the use or abuse that was made of it. +Where the water is bad, a little rum mixed with it is accounted wholesome +and nourishing; but excess in drinking, every where, destroys the +constitution, and proves a fruitful spring of pains, diseases, and death. + + [Sidenote] A general description of the climate. + +Though Carolina lies in the same latitude with some of the most fertile +countries on the globe, yet he is in danger of error who forms his +judgment of its climate from the latitude in which it lies. Many local +circumstances concur to occasion a difference between it and Palestine, +the north of Egypt, or the dominions in the same latitude in China. +Besides the bleak mountains, frozen lakes, and the large uncultivated +territory over which the north and northwest winds blow in winter, by +which they are rendered dangerous; when the extreme heat of summer is +united with a low marshy soil, where the water stagnates, and the +effluvia arising from it thicken and poison the air, it must prove the +occasion of a numberless list of fatal distempers. This last circumstance +serves to decide the healthiness of climates in every latitude. Sudden +changes from heat to cold are every where dangerous; but, in countries +where little caution is used in dress, they must often prove fatal. The +winds in Carolina are changeable and erratic, and, about the vernal and +autumnal equinoxes, commonly boisterous. In summer, they are sultry and +suffocating; in winter, cold and dry. Beyond doubt, the flat maritime +part is a most unhealthy situation, and the first settlers could scarcely +have been cast ashore in any quarter of the globe where they could be +exposed to greater hazards from the climate. + + [Sidenote] Of the the country. + +Yet the country, low and unhealthy as it is, affords many advantages for +commerce and navigation. As you approach towards the shore, the sea +gradually ebbs, which furnishes good soundings for the help of +navigators. For eighty, and in some places an hundred, miles from the +Atlantic, the country is an even plain, no rocks, no stones, scarce a +hill of any height is to be seen. Backwards from this the lands begin to +rise gradually into little hills and beautiful inequalities, which +continue increasing in height and variation until you advance to the +Apalachian mountains, three hundred miles and more from the sea. Here a +vast ridge of mountains begins, and runs through North America, in the +bowels of which no man can say what riches lie in store. These mountains +give rise to four large rivers, called by their Indian names, Alatahama, +Savanna, Santee and Pedee. Among the hills these rivers are composed of +different branches, and run in a rapid course; but lose their velocity +when they reach the plains, through which they glide smoothly along, in a +serpentine course, to the ocean. Up these large rivers the tide flows a +considerable way, and renders them navigable for ships, brigs, sloops and +schooners, and smaller craft force their way still higher than the tide +flows. Besides these large rivers, the hills in the heart of the country +give rise to others of a secondary size, such as Ogetchee, Cusaw, +Cambahee, Edisto, Ashley, Cooper, and Black rivers; all which are also +navigable many miles from the ocean. The coast is also chequered with a +variety of fine islands, around which the sea flows, and opens excellent +channels, for the easy conveyance of produce to the market. + + [Sidenote] Of its soil and lands. + +By the different trees which cover the lands the soil is distinguished, +which in some places is very rich, and in others very poor. Where the +pine-trees grow the ground is sandy and barren, and produces little +except in rainy seasons. The oaks and hickories delight to grow in a +lower and richer soil, running in narrow streaks through the different +eminences, which grounds, when cleared and cultivated, amply reward the +industrious planter. The cypresses and canes chuse a still deeper and +more miry soil, which is exceedingly fruitful, having had the fruits and +foliage of trees from the higher grounds flowing into it from the +creation. The river swamp lands, by proper culture and judicious +management, are of inexhaustible fertility. The savannas and open plains +are of a deep fat and greasy mould, which when drained and freshened, +become also fruitful and excellent parts of a plantation. The marshy +grounds, some of which are fresh and others salt, are much neglected, yet +they yield a kind of grass grateful to some animals, and are used as yet +only for pasturage. Many years elapsed before the planters found out the +different grains suited to those different soils, and we shall take +occasion to mention them as time and experience taught them the useful +discoveries. The soil of the hilly country differs from all these; for +there, in the vallies between the hills, a black and deep loam is found, +probably formed of rotten trees and vegetables, which the showers and +floods have carried into them from the adjacent heights. Marble, clay, +chalk and gravel grounds are also observed among these hills in the +middle of the country, and a variety of soil nearly similar to that found +in Europe. + + [Sidenote] Of its storms and natural phenomena. + +At this period Carolina, in her natural and rural robes, to an ingenious +stranger must have exhibited a noble and striking appearance, as all +objects of nature do in their primeval state. Still we may fancy what new +scenes would command his attention, and excite his admiration. A +thunder-storm here is a grand phenomenon, especially in the night; it is +said to be the voice of the supreme Author of nature, whose command all +the various elements obey, and it speaks his majesty and glory in the +loudest and most exalted strain. The frequent balls of fire bursting from +cloud to cloud; the forked flashes darting from the clouds to the earth, +and from the earth to the clouds alternately, illuminating the whole +surrounding atmosphere, and men, like so many worms, crawling in the dust +in the midst of flaming fire, form a magnificent and striking scene. The +continual muttering noise of thunder at a distance the dreadful explosion +on the right hand, the repercussive roar on the left, while the solid +foundations of the earth shake, and the goodly frame of nature seems +ready to dissolve, to the eyes of an intelligent stranger must have +appeared awful and great. The beasts of the field retire from the +thicket, and shew evident symptoms of silent awe and astonishment during +the storm, and man's ultimate source of confidence is in the divine +protection. In every quarter you meet with the blasted trees of the +forest, which wither and decay at the lightning's stroke. No earthquakes, +such as are commonly known in the West-India islands, have ever been felt +here; but whirlwinds sometimes have made avenues through the thick +forest, by levelling the loftiest trees, or sweeping them away before +them like chaff. These terrible blasts are generally confined to a +narrow tract, and run in an oblique and crooked direction. Hurricanes +have also often visited the country and through such low and flat lands +have spread their defolation far and wide. + +In travelling along the coast of Carolina, partly by water and partly by +land, the stranger has an excellent view of the natural beauties, and +rural inhabitants of the forest. At a distance the marshes and savannas +appear like level meadows, with branches or creeks of the sea running +through them. On one hand the evergreen pines appear, and engross almost +the whole higher lands of the country; on the other the branching oaks +and stately hickories stand covered with mossy robes: now he passes a +grove covered with cypress; then the laurels, the bays, the palmetoes, +the beech or mulberry-trees surround him, all growing as the hand of +nature hath wildly scattered them. In the spring the dogwood, +cherry-trees, and many others blossom, and, together with the jessamines, +perfume the air; while the luxuriant vines climb over the loftiest trees, +and bushes or shrubs of humbler growth fill up the thicket. + +At this early period the rude hunters, though masters of the woods, +while they attracted the attention of the stranger, must also have +convinced him how little human nature uncultivated is exalted above the +brute creation. Numbers of deer, timorous and wild, ranged through the +trees, and herds of buffaloes were found grazing in the savanna. Above +his head the feathered tribes, more remarkable for the splendour of their +plumage than the harmony of their notes, would fly; whilst under his feet +would crawl innumerable reptiles and insects. Here it may not be improper +to enumerate some of the different kinds of living creatures found in the +country, and leave the particular description of them to the natural +historian. + + [Sidenote] Of its animals. + +Beyond doubt Carolina teems with animals both of the useful and hurtful +kind. The alligator, probably a species of the crocodile, is found here +nigh the rivers and ponds, and is very destructive to young creatures +about a plantation. He is perhaps the largest animal, except the +crocodile in Africa, of the ovarious kind. The bear is a fierce animal, +but in many respects a rich prize to the Indian hunter. The beaver is +also a native of Carolina, and his fur is a precious article of American +commerce. The racoon and oppossum are also natives of the country, and +scarcely found in any other continent. The latter demands the particular +notice of naturalists; its young are said to breed at the female's teats, +which is furnished with a double belly, into one of which, on the +appearance of danger, the young ones retreat, and are saved by being +carried up a tree. The leopard, the panther, the wolf, the fox, the +rabbit, wild and pole cats, are all found in the country, on which the +American hunter pours his vengeance. Squirrels of various kinds and +different hues are numerous here; one of which is called the flying +squirrel, not from its having wings like a bird, but from its being +furnished with a fine loose skin between its fore and hind legs, which it +contracts or expands at pleasure, and which buoys it up, and enables it +to spring from branch to branch at considerable distances, with amazing +nimbleness. + + [Sidenote] Of its fishes. + +In the mouth of the rivers, and on the coast, the shark, the porpoise, +the sword, the guarr, and devil fishes, are all found, but in no respects +rendered useful. However, the sea coast and rivers furnish a variety of +fine fish for human use, both of the salt and fresh-water kinds. The +angel fish, so called for their uncommon splendour; the sheephead, so +named from its having teeth like those of sheep; the cavalli, the mullet, +the whiting, the plaice, and young bass, are all esteemed delicate food. +Besides these, porgy, shads, trout, stingre, drum, cat, and black fish, +are all used, and taken in great abundance. The fresh-water rivers and +ponds furnish stores of fish, all of which are excellent in their season. +The sturgeon and rock fish, the fresh-water trout, the pike, the bream, +the carp and roach, are all fine fish, and found in plenty. Nigh the +sea-shore vast quantities of oysters, crabs, shrimps, _&c._ may be taken, +and sometimes a kind of turtle. + + [Sidenote] Of its birds. + +There were also vast numbers of winged fowls found in the country, many +of which for human use and subsistence. Besides eagles, falcons, +cormorants, gulls, buzzards, hawks, herons, cranes, marsh-hens, jays, +woodpeckers; there are wild turkeys, pigeons, black-birds, woodcocks, +little partridges, plovers, curlieus and turtle-doves, in great numbers; +and also incredible flocks of wild geese, ducks, teal, snipes, and +rice-birds. There has been found here, nigh rivers, a bird of an amazing +size, some think it a species of the pelican. Under its beak, which is +very long, it is furnished with a large bag, which it contracts or lets +loose at pleasure, to answer the necessities or conveniences of life. The +summer duck is a well known and beautiful creature, and has got this name +to distinguish it from others of the same species, which continue not in +the country during the summer months, but search for a cooler retreat. +The mockbird of Carolina is a fine bold creature, which mimics the +various voices of the forest, both in captivity and in the enjoyment of +natural freedom. The red bird is exceedingly beautiful, and has a soft +melodious note, but with few variations. The humming bird is remarkable +for its small size, flies from flower to flower like a bee, and is +sometimes caught by children while lying buried in a large flower it is +sucking out the juice. Its nest is very curious, and discovers amazing +art and contrivance. These are some of the feathered inhabitants of this +forest, among which there is little melody, and, were it otherways, the +music would all be lost, by the continual croaking of frogs, which swarm +in millions over the flat country. + + [Sidenote] Of its snakes and vipers. + +While ranging over the natural field, there is no reptile merits more +particular notice than the rattle-snake, which is one of the most +formidable living creatures in the whole universe. Providence hath kindly +furnished him with a tail which makes a rattling noise, and no doubt was +intended to warn every other creature of the danger of approaching nigh +him. He indeed possesses that noble fortitude, which is harmless unless +when provoked and molested. He is never the aggressor, and seems averse +from making use of his weapons of destruction. He flies from man; but +when pursued, and he finds he cannot escape, he instantly gathers himself +into a coil, and prepares for self-defence. He has a sharp and sparkling +eye, and quickly spies any person approaching towards him, and winds his +course out of the way into some thicket or concealed place. The greatest +danger is, when we inadvertently trample upon him as he lies coiled among +the long grass or thick bushes. On each side of his upper jaw he has two +long fangs, which are hollow, and through which he injects the poison +into the wound they make. When he penetrates a vein or nerve sudden death +ensues, unless some effectual remedy be instantly applied. The usual +symptoms of being bit by him are, acute pains from the wound, +inflammatory swellings round it, sickness at the stomach, and convulsive +vomitings. In all countries, however, where venomous creatures exist, the +hand of nature hath kindly planted some antidote against their poison, +which it is the business of rational creatures to investigate and apply. +Even the rude and ignorant Indians were not strangers to the method of +curing the wounds of this dreadful reptile; as quickly as possible, after +being bit, they swallowed a strong doze of the decoction of snake-root, +which they found every where growing in the woods, which caused them to +vomit plentifully; at the same time, having sucked the poison out of the +wound, they chewed a little snake-root, and applied it externally to it. +This remedy, when timely applied, sometimes proved efficacious, which +induced the early settlers of Carolina to follow their example. Besides +the rattle-snake, the black and brown vipers have fangs, and are also +venomous. The horn-snake is also found here, which takes his name from a +horn in his tail, with which he defends himself, and strikes it with +great force into every aggressor. This reptile is also deemed very +venomous, and the Indians, when wounded by him, usually cut out the part +wounded as quickly as possible, to prevent the infection spreading +through the body. There are, besides these, a variety of other snakes +found here, such as the green, the chicken, the copperbelly, the wampum, +the coach-whip and corn snakes; all of which are esteemed harmless +creatures. + + [Sidenote] Of its insects. + +Innumerable are the insects in Carolina, as might naturally be expected +from the heat of the climate. The bees are found in several places, and +they chuse the hollow trees for their habitation, but whether imported or +not is uncertain. The fire-fly, so called from its emitting sparks of +fire in the night, resembling flashes from the strokes of steel upon +flint, is a curious creature. About the beginning of summer, when these +insects are very numerous, they illuminate the woods, and strike a +stranger with astonishment. Millions of pestiferous gnats, called +Musketoes, are hatched during the summer, and swarm over the country in +such numbers, that, during the day, it requires no small trouble for the +inhabitants to defend themselves in every quarter against them; and, +during the night, gause pavilions are necessarily used, to exclude them +from their beds, without which it is impossible to enjoy undisturbed +repose. The sand-flies are also vexatious insects, and so minute, that +one would imagine it needless to provide any defence against them; yet, +wherever they bite, their poison occasions itching and painful +inflammations. Besides these, there are ticks, flies, wasps, and many +more insects which are very troublesome. To these plagues, with which +this country is cursed, we may also add the water wood-worms, which +infest the rivers as far as the salt-water flows, eat the bottoms of +vessels into the form of honey-combs, and prove extremely destructive to +shipping. + + [Sidenote] A.D. 1682. Joseph Morton made governor. + +About the year 1682, Governor West having incurred the displeasure of the +proprietors, Joseph Morton, who had lately been created a landgrave, +received a commission from Lord Craven, investing him with the government +of the colony. About the same time, Joseph Blake sold his estate in +England, and with his family and several substantial followers retired to +Carolina. Lord Cardross also, a nobleman of Scotland, having formed a +project for carrying over some of his countrymen to Carolina, embarked +with a few families, and made an attempt to establish a colony on +Port-Royal Island: but observing the government in a confused and +fluctuating state, he soon after returned to Britain. The island on which +he left his few followers having excellent conveniencies for navigation, +was a place of all others in the country the most advantageous for a +settlement; but, to effect it, a greater number of emigrants was +absolutely requisite. The Spaniards sent an armed force, and dislodged +the Scotch settlers, after which no attempts were made for many years +towards establishing a colony in that quarter. + + [Sidenote] Pennsylvania settled. + +About the same time, William Penn, an eminent quaker, obtained a grant +from the king of a large territory in the middle of North America, which +he called Pennsylvania, and which he resolved to settle on the enlarged +bottom of universal benevolence, friendship and humanity. Not satisfied +with the title he held from the crown to this extensive territory, he +thought himself bound in conscience to purchase one also from its natural +possessors, and therefore gave the Indians some consideration for their +property; by which means he obtained not only an equitable right, but +peaceable possession. At first, it is probable, he intended his province +as an asylum for the hamlets and peaceable people of his own persuasion, +who were oppressed in Britain, and persecuted in a degree equal to the +Spanish inquisition in New England; yet, so liberal were his principles, +that he opened a door to mankind in general who were unhappy in their +external circumstances, and persecuted for their conscientious opinions. +His plan of settlement was so large, and the regulations he established +for preventing idleness, luxury and vice, were so wise and judicious, as +soon to attract the eyes and admiration of vast numbers of men in the +different quarters of Europe. Multitudes flocked to Pennsylvania, and sat +down happy under Penn's gentle laws and government. His own example of +benevolence, frugality and temperance, endeared him to every inhabitant; +and a general simplicity of manners for several years prevailed in the +settlement. It remained for the future ages of pride, luxury and +ambition, to defeat the wise maxims of this legislator. A plan of a city +was framed, which, for order, beauty and magnificence, was excelled by +none upon earth. Indeed, every thing relating to the first settlement of +that province was conducted with such wisdom and equity, that it could +not fail of speedy population and improvement. The industrious planters +and merchants of Pennsylvania, soon advanced to an easy and independent +state; an advantage far from being common to the other British +settlements in America, and therefore to be ascribed chiefly to their +general harmony, temperance and application. + +The colony of Carolina, though planted at an earlier period, from various +causes and impediments, advanced by slower steps in population and +improvement. Pennsylvania, being farther removed from the equator, was +considered as a better climate. The lands were found better adapted to +British grain, and more favourably situated for cultivation. Like a +younger beauty, she attracted the eyes of many admirers, and promised to +be a powerful rival to Carolina. She flattered her labourers with the +prospects of longer life, and with the hopes of greater increase in those +kinds of grain they had been accustomed to cultivate in Europe. Her +institutions, with respect to government, were more applicable and +prudent; her planters, blessed with health and good-humour, laboured with +greater pleasure and success: the tribes of savages around her, being +more gently used, were more peaceable. Hence it happened, that the +Pennsylvanians, having fewer obstacles to surmount than their southern +neighbours, prospered in a more rapid manner. + + [Sidenote] The proprietors forbid the trade in Indians. + +The proprietors of Carolina had indeed instructed Governor Morton to take +all Indians within four hundred miles of Charlestown under his +protection, and to treat them with humanity and tenderness; but such +instructions were very disagreeable to many of the people, especially to +those members of the council who were concerned in the Indian trade, and +therefore great opposition was raised to the execution of them. Maurice +Mathews, James Moore, and Arthur Middleton, members of the council, +warmly opposed the governor, while he proposed regulations for the +peaceable management of Indians, and considered the proprietors as +strangers to the interest of their colony by such impolitic restrictions. +The people, who had lost some friends and relations by the savages were +also greatly irritated against them, and breathed nothing but vengeance +and implacable resentment. These members of the council were removed from +it for their disobedience; nevertheless they had such influence among the +people, as to occasion great trouble to the governor, and totally to +subvert his authority; in consequence of which, Joseph West appeared +again at the head of the colony, and gave his assent to several laws made +in it. During which time the people followed their former practice, of +inveigling and kidnapping Indians where-ever they found them, and shipped +them off to the West Indies, without any restraint from government. + + [Sidenote] The toleration of pirates in Carolina. + +Soon after Governor West was superseded by Sir Richard Kirle, an Irish +gentleman, who died six months after his arrival in the country. After +his decease, Colonel Robert Quarry was chosen his successor. During the +time of his government, a number of pirates put into Charlestown, and +purchased provisions with their Spanish gold and silver. Those public +robbers, instead of being taken and tried by the laws of England, were +treated with great civility and friendship, in violation of the laws of +nations. Whether the governor was ignorant of the treaty made with Spain, +by which England had withdrawn her former toleration from these +plunderers of the Spanish dominions; or whether he was afraid to bring +them to trial from the notorious courage of their companions in the West +Indies, we have not sufficient authority to affirm; but one thing is +certain, that King Charles II. for several years after the restoration, +winked at their depredations, and many or them performed such valiant +actions as, in a good cause, had justly merited honours and rewards. Even +as the case was, Charles, out of mere whim, knighted Henry Morgan, a +Welshman, who had plundered Porto Bello and Panama, and carried off large +treasures from them. For several years so formidable was this body of +plunderers in the West Indies, that they struck a terror into every +quarter of the Spanish dominions. Their gold and silver, which they +lavishly spent in the colony, ensured to them a kind reception among the +Carolineans, who opened their ports to them freely, and furnished them +with necessaries. They could purchase the favour of the governor, and the +friendship of the people, for what they deemed a trifling consideration. +Leaving their gold and silver behind them, for clothes, arms, ammunition +and provisions, they embarked in quest of more. However, the proprietors, +having intelligence of the encouragement given to pirates by Governor +Quarry, dismissed him from the office he held; and, in 1685, Landgrave +Joseph Morton was reinstated in the government of the colony. + + [Sidenote] Cause of migration from England. + +During the reign of King James II. the hardships under which the people +of Britain laboured, and the troubles they apprehended, brought much +strength to the colonies. The unsuccessful or unfortunate part of mankind +are easily induced to emigrate; but the oppressed and persecuted are +driven from their country, however closely their affections may cleave to +it. Such imprudent attempts were made by this prince against what the +nation highly revered, that many Protestants deserted it, preferring the +hardships of the first state of colonization abroad, to oppression at +home. So far was he from concealing his attachment to the Popish +religion, that he gloried in the open profession of it, and took every +opportunity of transferring both the legal authority and military command +into the hands of such men as were best affected to that religion, and +would most readily contribute their assistance towards the accomplishment +of his favourite design. The Protestants in general were alarmed, and +filled with the most gloomy apprehensions from the bloody and persecuting +spirit of the Popish faction. They foresaw the subversion of their +religion and liberties, and fled over the Atlantic from the approaching +rigours of persecution, being determined to submit to any hardships +abroad, rather than to the establishment of Popery in England. + + [Sidenote] Cause of migration from France. + +The next acquisition America gained, was from the revocation of the edict +of Nantz; in consequence of which the flames of persecution broke out in +France, and drove many of its best subjects out of that kingdom. These +Protestant refugees were beneficial in many respects to England and +Holland, and served greatly to promote the trade and manufactures of +these nations. Among the other colonies in America which reaped advantage +from this impolitic measure of France, Carolina had a large share. Many +of the Protestant refugees, having purchased lands from the proprietors, +embarked with their families for that colony, and proved some of its best +and most industrious inhabitants. + + [Sidenote] The European animals increase. + +Small was the progress in cultivation which the colonists of Carolina had +yet made, and fatal had the heat of the climate and the labours of the +field proved to many of them. Yet their cattle increased in an amazing +manner, and thrived exceedingly well in their forest. Having little +winter, the woods furnished them with both shelter and provisions all the +year; neither houses nor attendants were provided for them, but each +planter's cattle, distinguished only by his mark, every where grazed with +freedom. Hogs still fared better, and increased faster. The woods +abounded with acorns, and roots of different kinds, on which they fed and +fattened, and were reckoned most excellent food. Stocks of cattle, at +this period, were a great object with the planters, for several reasons. +Little labour was requisite to raise and render them profitable. The +planters were at no trouble in building houses for them, nor at any +expence in feeding them. If either cattle or hogs were fed, it must only +have been intended to accustom them to keep nigh their owner's abode, or +to return under his eye every evening. Besides, a planter fond of hunting +might supply his family with game through the year, with which the woods +abounded, and save his stock. Horses were also bred in the same manner, +and though they degenerated greatly, they multiplied fast. No part of the +world could prove more favourable to poultry of all kinds. By the trade +of the colony to the West Indies, they had rum and sugar in return for +their lumber and provisions; and England supplied them with clothes, +arms, ammunition, and utensils for building and cultivation, in exchange +for their deer-skins, furs, and naval stores. + + [Sidenote] The manner of obtaining turpentine in Carolina. + +Turpentine is the gum in a liquid state of that species of the pine tree +called Pitch-pine, extracted by incision and the heat of the sun, while +the tree is growing. The common manner of obtaining it is as follows: +about the first of January the persons employed in making turpentine +begin to cut boxes in the trees, a little above the ground, and make them +large or small in proportion to the size of the tree; the box of a large +tree will hold two English quarts, of a middling tree one, and of a small +one a pint. About the middle of March, when the weather becomes warm, +they begin to bleed, which is done by cutting about an inch into the sap +of the tree with a joiner's hatchet; these channels made in the green +standing tree, are framed so as to meet in a point where the boxes are +made to receive the gum; then the bark is peeled off that side of the +tree which is exposed to the sun, that the heat may extract the +turpentine. After bleeding, if rain should happen to fall, it not only +condenses the sap, but also contracts the orifices of the vessels that +discharge the gum, and therefore the trees must be bled afresh. About +fourteen days after bleeding the boxes will be full of turpentine, and +must be emptied into a barrel. When the boxes are full, an able hand will +fill two barrels in a day. A thousand trees will yield at every gathering +about two barrels and a half of turpentine, and it may be gathered once +every fourteen days, till the frost comes, which chills the sap, and +obliges the labourer to apply to some other employment, until the next +season for boxing shall approach. The oil of turpentine is obtained by +distillation; and rosin is the remainder of the turpentine, after the oil +is distilled from it. + + [Sidenote] And of making tar and pitch. + +From the same pine trees tar and pitch are also made, but by a different +mode of operation. "For extracting tar they prepare a circular floor of +clay, declining a little towards the centre, from which there is laid a +pipe of wood, extending almost horizontally two feet without the +circumference, and so let into the ground, that its upper side may be +level with the floor: at the outer end of this pipe they dig a hole large +enough to hold the barrels of tar, which, when forced out of the wood, +naturally runs to the centre of the floor as the lowest part, and from +thence along the pipe into the barrels. Matters being thus prepared, they +raise upon the clay floor a large pile of dry pine-wood split in pieces, +and inclose the whole pile with a wall of earth, leaving only a little +hole in the top, where the fire is to be kindled; when that is done, and +the inclosed wood begins to burn, the whole is stopped up with earth, +that there may be no flame, but only heat sufficient to force the tar out +of the wood, and make it run down to the floor. They temper the heat as +they think proper, by thrusting a stick through the wall of earth, and +letting the air in at as many places as they judge necessary. As to +Pitch, it is nothing more than the solid part of the tar separated from +the liquid by boiling." + +As Carolina abounds with this kind of pine trees, vast quantities of +pitch, tar, and turpentine might have been made in it. At this early +period the settlers, having little strength to fell the thick forest and +clear the lands for cultivating grain, naturally applied themselves to +such articles as were in demand in England, and for procuring which +moderate labour was requisite. Lumber was a bulky article, and required a +number of ships to export it. Naval stores were more valuable and less +bulky, at the same time that the labour necessary to obtain them was +easier, and more adapted to European constitutions. The province as yet +could supply Britain with a very inconsiderable quantity of naval stores; +but by encouraging the planters in preparing them, the expence of its +vast importations from the Baltic might have been in some measure saved +to the nation. + + [Sidenote] A difference with the civil officers. + +Though Governor Morton was possessed of a considerable share of wisdom, +and was connected with several respectable families in the colony, yet so +inconsistent were his instructions from England, with the prevailing +views and interests of the people, that he was unable, without great +trouble, to execute the duties of his trust. He was a man of a sober and +religious temper of mind, and had married Mr. Blake's sister, lately +arrived from England, by which alliance it was hoped the hands of +government would be strengthened, and a check given to the more +licentious and irregular party of the people. His council was composed of +John Boone, Maurice Mathews, John Godfrey, Andrew Percival, Arthur +Middleton, and James Moore, _&c._; some of whom differed widely from him +in opinion with respect to public measures, and claimed greater +indulgences for the people than he had authority to grant. Hence two +parties arose in the colony: one in support of the prerogative and +authority of the proprietors, the other in defence of the liberties of +the people. The former contended, that the laws and regulations received +from England respecting government ought to be strictly and implicitly +observed: the latter kept in view their local circumstances, and +maintained, that the freemen of the colony were under obligations to +observe them only so far as they were consistent with the interest of +individuals and the prosperity of the settlement. In this situation of +affairs, no governor could long support his power among a number of bold +adventurers, who improved every hour for advancing their interest, and +could bear no restraints which had the least tendency to defeat their +favourite views and designs: for whenever he attempted to interpose his +feeble authority, they insulted his person and complained of his +administration, till he was removed from his office. + + [Sidenote] James Colleton made governor. + +The proprietors also finding it prudent to change their governor so soon +as he became obnoxious to the people, James Colleton at this time was +appointed to supersede Joseph Morton. He was a brother to Sir Peter +Colleton, one of the proprietors, but was possessed neither of his +address nor abilities for the management of public affairs. He left +Barbadoes and retired to Carolina, where he built an excellent house on +Cooper River, in hopes of settling in that country, and long enjoying, by +the influence of his brother, the emoluments of his office in +tranquillity and happiness. To give him the greater weight, he was +created a landgrave of the colony, to which dignity forty-eight thousand +acres of land were unalienably annexed: but to his mortification he soon +found, that the proprietary government had acquired but little firmness +and stability, and, by his imprudence and rigour, fell into still greater +disrespect and contempt. + + [Sidenote] A.D. 1687. + +About the year 1687, having called an assembly of the representatives, he +proposed to make some new regulations respecting the government of the +colony. Having examined the fundamental constitutions, and finding the +people disposed to make many objections to them, he thought proper to +nominate a committee, to consider wherein they were improper or +defective, and to make such alterations and amendments in them as they +judged might be conducive to the welfare of the country. This committee +consisted of the Governor, Paul Grimball, the secretary, William Dunlop, +Bernard Schinking, Thomas Smith, John Far, and Joseph Blake. Accordingly, +by these men a new code of laws was framed, consisting of many articles +different from the former, which they called _Standing Laws_, and +transmitted to England for the approbation of the proprietors. These +standing laws, however, the proprietors rejected, and insisted on the +observance of the fundamental constitutions; and all the while the people +treated both with equal indifference and neglect. + + [Sidenote] His difference with the house of assembly. + +At this early period a dissatisfaction with the proprietary government +appeared, and began to gain ground among the people. A dispute having +arisen between the governor and the house of assembly about the tenures +of lands and the payment of quitrents, Landgrave Colleton determined to +exert his authority, in compelling the people to pay up their arrears of +quitrents, which, though very trifling and inconsiderable, were +burdensome, as not one acre out of a thousand of these lands for which +quitrents were demanded yielded them any profit. For this purpose, he +wrote to the proprietors, requesting them to appoint such deputies as he +knew to be most favourably disposed towards their government, and would +most readily assist him in the execution of his office. Hence the +interest of the proprietors and that of the people were placed in +opposite scales, and the more rigorously the governor exerted his +authority, the more turbulent and seditious the people became. At last +they proceeded to avowed usurpation: they issued writs in their own name, +and held assemblies in opposition to the governor and the authority of +the proprietors. Letters from England, containing deputations to persons +obnoxious to the people, they seized and suppressed, and appointed other +men better affected to the popular cause. Paul Grimball, the secretary of +the province, they imprisoned, and forcibly took possession of the public +records. The militia act they refused to settle, because recommended by +the governor, even though their own security depended on it. In short, +the little community was turned into a scene of confusion, and every man +acted as he thought proper, without any regard to legal authority, and in +contempt of the governor and other officers of the proprietors. + +Landgrave Colleton, mortified at the loss of power, and alarmed at the +bold and seditious spirit of the people, was not a little perplexed what +step to take in order to recal them to the obedience of legal authority. +Gentle means he perceived would be vain and ineffectual. One expedient +was suggested, which he and his council flattered themselves might be +productive of the desired effect, and induce the people through fear to +return to his standard, and stand by the person who alone had authority +to punish mutiny and sedition, which was to proclaim the martial law, and +try to maintain by force of arms the proprietary jurisdiction. +Accordingly, without letting the people into his secret design, he caused +the militia to be drawn up, as if some danger had threatened the country, +and publicly proclaimed the martial law at their head. His design, +however, did not long remain a secret, and, when discovered, served only +to exasperate the more. The members of the assembly met, and taking this +measure under their deliberation, resolved, that it was an encroachment +upon their liberties, and an unwarrantable exertion of power, at a time +when the colony was in no danger from any foreign enemy. The governor, +however, insisted on the articles of war, and tried to carry the martial +law into execution; but the disaffection was too general to admit of such +a remedy. In the year 1690, at a meeting of the representatives, a bill +was brought in and passed, for disabling Landgrave James Colleton from +holding any office, or exercising any authority, civil or military, +within the province: nay, so outrageous were they against him, that +nothing less than banishment could appease them, and therefore gave +notice to him, that, in a limited time, he must depart from the country. + + [Sidenote] Seth Sothell chosen governor. + [Sidenote] His oppression and expulsion. + +During these public commotions Seth Sothell, pretending to be a +proprietor by virtue of some regulations lately made in England, usurped +the government of the colony. At first the people seemed disposed to +acknowledge his authority, while the current of their enmity ran against +Landgrave Colleton; and as he had stood forth as an active and leading +man in opposition to that governor, and ratified the law for his +exclusion and banishment: but afterwards, finding him to be void of every +principle of honour and honesty, they persecuted him also with deserved +and implacable enmity. Such was the insatiable avarice of this usurper +that his popularity was of short duration. Every restraint of common +justice and equity was trampled upon by him; and oppression, such as +usually attends the exaltation of vulgar and ambitious scramblers for +power, extended her rod of iron over the distracted colony. The fair +traders from Barbadoes and Bermuda were seized as pirates by order of +this popular governor, and confined until such fees as he was pleased to +exact were paid him: bribes from felons and traitors were accepted to +savour their escape from the hands of justice: plantations were forcibly +taken possession of, upon pretences the most frivolous and unjust, and +planters were compelled to give bonds for large sums of money, to procure +from him liberty to remain in posession of their property. These, and +many more acts of the like atrocious nature, did this rapacious governor +commit, during the short time of his administration, to increase his fees +as governor and proprietor. At length the people, weary of his grievous +impositions and extortions, agreed to take him by force, and ship him off +for England. Then, to his other ill qualities he added meanness of +spirit, and humbly begged of them liberty to remain in the country, +promising to submit his conduct to the trial of the assembly at their +first meeting. When the assembly met, thirteen different charges were +brought against him, and all supported by the strongest evidence: upon +which, being found guilty, they compelled him to abjure the government +and country for ever. An account of his infamous and wicked conduct was +drawn up and sent to the proprietors, which filled them with astonishment +and indignation. He was ordered to England, to answer the accusations +brought against him before the palatine's court, and, in case of refusal, +was given to understand it would be taken as a further evidence and +confirmation of his guilt. The law for disabling Landgrave James Colleton +from holding any authority civil or military in Carolina, was repealed, +and strict orders were sent out to the grand council, to support the +power and prerogative of the proprietors. To compose the minds of the +people, they declared their detestation of such unwarrantable and wanton +oppression, and protested that no governor should ever be permitted to +grow rich on their ruins; enjoining them, at the same time, to return to +the obedience of their magistrates, and subjection to legal authority. + +Hitherto this little community has been a scene of continual contention +and misery. The fundamental constitutions, which the proprietors thought +the most excellent form of government upon earth, have been little +regarded. The governors have been either ill qualified for their office, +or the instructions given them have been unacceptable to the people. The +inhabitants, far from living in friendship and harmony among themselves, +have also been seditious and ungovernable. Indeed, while the proprietary +government shall continue to be thus weak and unstable, its authority +will be little respected; while the encouragement given to civil officers +and magistrates is trifling and inconsiderable; men of judgment and +ability will not throw away their time and pains for supporting the +honour and authority of others, which might be otherwise employed to +purposes more advantageous to themselves. The titles of Landgraves and +Cassiques will not compensate for the loss of such time and labour, +especially when they come only joined with large tracts of land which, +for want of hands, must lie uncultivated. The money arising from +quitrents and the sale of lands was inconsiderable, hard to be collected, +and by no means adequate to the support of government. The proprietors +were unwilling to involve their English estates for the improvement of +American property; hence their government was feeble and ill supported in +Carolina, and there is reason to fear it will become more so, in +proportion as the colonists shall become richer and more independent, and +the country shall advance to a more populous and better cultivated state. + + + + +CHAP. III. + + + [Sidenote] A revolution in England. + +During the reign of the infatuated King James II. the English nation, +oppressed by a Popish faction, and apprehensive about their civil and +religious liberties, were ripe for a revolt; and, upon his abdication, +William Prince of Orange accepted of the English crown, on such terms as +the Parliament thought proper to offer it. Though history can furnish few +examples of a daughter conspiring with subjects to exclude her father +from the throne, and then accepting of a crown from his head; yet, by +this Revolution the long-contested boundaries between the prerogative of +the king and the rights and liberties of the people, were more clearly +marked and determined than they had been in any former period, to the +great relief and happiness of the nation. This event is distinguished in +the annals of England as the era of freedom; and it must be confessed, +that the change has been productive of many important and happy +consequences. + +As nothing tends more to the increase of industry and commerce than +religious toleration, and great freedom to scrupulous consciences, soon +after the Revolution an act passed in parliament, for exempting his +majesty's Protestant subjects from the penalties of certain laws, under +which they had formerly suffered great severities. King William and his +council, at that juncture, wisely judged, that such a law might be of +excellent use in removing the complaints of many of his good subjects, +and uniting their minds in interest and affection. Though the variances +of Whigs and Tories may have sometimes obstructed the salutary effects of +this law, yet it must be acknowledged to have answered many wise and +valuable purposes to the nation. + + [Sidenote] The French refugees meet with encouragement. + +In the history of England, nothing is found to redound more to the honour +of the people than their signal and uncommon acts of generosity and +humanity. Even in the reign of King James large collections had been made +for the distressed French refugees. After King William's accession to the +throne, the parliament voted fifteen thousand pounds sterling to be +distributed among persons of quality, and all such as through age or +infirmities were unable to support themselves or families. To artificers +and manufacturers encouragement was offered in England and Ireland, who +have contributed not a little to the improvement of the silk and linen +manufactures of these kingdoms. To husbandmen and merchants agreeable +prospects were opened in the British colonies. In 1690, King William sent +a large body of these people to Virginia. Lands were allotted them on the +banks of St. James's river, which by their diligence and industry they +soon improved into excellent estates. Others purchased lands from the +proprietors of Carolina, transported themselves and families to that +quarter, and settled a colony on Santee river. Others, who were merchants +and mechanics, took up their residence in Charlestown, and followed their +different occupations. At this period these new settlers were a great +acquisition to Carolina. They had taken the oath of allegiance to the +king, and promised fidelity to the proprietors. They were disposed to +look on the colonists, whom they had joined, in the favourable light of +brethren and fellow-adventurers, and though they understood not the +English language, yet they were desirous of living in peace and harmony +with their neighbours, and willing to stand forth on all occasions of +danger with them for the common safety and defence. + + [Sidenote] Philip Ludwell appointed governor. + +About the same time Philip Ludwell, a gentleman from Virginia, being +appointed governor of Carolina, arrived in the province. Sir Nathaniel +Johnson, who had been general of the Leeward Islands in the reign of King +James, being created a Cassique of Carolina, after the Revolution retired +to that country, and took his seat as a member of the council. The +proprietors having found the fundamental constitutions disagreeable to +the people, and ineffectual for the purposes of government, repealed all +their former laws and regulations, excepting those called Agrarian Laws, +and sent out a new plan of government to Mr. Ludwell, consisting of +forty-three articles of instruction, for the better management of their +colony. The inhabitants, who had been long in a confused and turbulent +stare, were enjoined to obedience and submission. Liberty was granted to +the representatives of the people to frame such laws as they judged +necessary to the public welfare and tranquillity, which were to continue +in force for two years, but no longer, unless they were in the mean time +ratified and confirmed by the palatine and three more proprietors. Lands +for the cassiques and landgraves were ordered to be marked out in square +plats, and freedom was granted them to chuse their situation. Hitherto +the planters remained utter strangers to the value and fertility of the +low lands, the swamps were therefore carefully avoided, and large tracts +of the higher lands, which were esteemed more precious, were surveyed, +and marked out for estates by the provincial nobility. + + [Sidenote] Harsh treatment of the colonists to the refugees. + +Governor Ludwell, who was a man of great humanity, and considerable +knowledge and experience in provincial affairs, by those large estates +which were allowed the leading men, and the many indulgences he was +authorized to grant to others, had the good fortune to allay the ferment +among the people, and reconcile them to the proprietors. But this +domestic tranquility was of short duration. New sources of discontent +broke out from a different quarter. He had instructions to allow the +French colony settled in Craven county, the same privileges and liberties +with the English colonists. Several of the refugees being possessed of +considerable property in France, had sold it, and brought the money with +them to England. Having purchased large tracts of land with this money, +they sat down in more advantageous circumstances than the poorer part of +English emigrants. Some of them, who had gone to the northern provinces, +hearing of the kind treatment and great encouragement their brethren had +received in Carolina, came to southward and joined their countrymen. +Having clergymen of their own persuasion, for whom they entertained the +highest respect and veneration, they were disposed to encourage them as +much as their narrow circumstances would admit. Governor Ludwell received +the wandering foreigners with great civility, and was not a little +solicitous to provide them with settlements equal to their expectations. +While these refugees were entering on the hard task of clearing and +cultivating spots of land, encouraging and relieving each other as much +as was in their power, the English Settlers began to revive the odious +distinctions and rooted antipathies of the two nations, and to consider +them as aliens and foreigners, entitled by law to none of the privileges +and advantages of natural-born subjects. The governor had instructions to +allow them six representatives in assembly; this the Englishmen +considered as contrary to the laws of the land, and beyond the power of +the proprietors, who were subject to the laws, to grant. Instead of +considering these persecuted strangers in the enlarged light of brethren +descended from the same common parent, and entitled to the free blessings +of Providence; instead of taking compassion on men who had sought an +asylum from oppression in their country, whom they were bound to welcome +to it by every tie of humanity and interest; they began to execute the +laws of England respecting aliens in their utmost rigour against them. +Their haughty spirit could not brook the thoughts of sitting in assembly +with the rivals of the English nation for power and dominion, and of +receiving laws from Frenchmen, the favourers of a system of slavery and +absolute government. In this unfavourable light they were held forth to +the people, to the great prejudice of the refugees; which sentiments, +however narrow and improper, served to excite no small jealousies and +apprehensions in their minds, with respect to these unhappy foreigners. + +Hard as this treatment was, this violent party did not stop here. They +insisted, that the laws of England allowed no foreigners to purchase +lands in any part of the empire under her supreme jurisdiction, and that +no authority but the house of commons in Britain could incorporate aliens +into their community, and make them partakers of the rights and +privileges of natural-born Englishmen; that they ought to have been +naturalized by parliament before they obtained grants of lands from the +proprietors; that the marriages performed by their clergymen, not being +ordained by a bishop, were unlawful; and that the children begotten in +those marriage could be considered in law in no other light as bastards. +In short, they averred, that aliens were not only denied a seat in +parliament, but also a voice in all elections of members to serve in it; +and that they could neither be returned on any jury, nor sworn for the +trial of issues between subject and subject. + +The refugees, alarmed at these proceedings, and discouraged at the +prospects of being deprived of all the rights and liberties of British +subjects, began to suspect that the opposition of England would fall +heavier upon them than that of France from which they had fled. Dejected +at the thoughts of labouring they knew not for whom, if their children +could not reap the fruits of their labours, or if their estates should +escheat to the proprietors at their decease, they could consider +themselves only as deceived and imposed upon by false promises and +prospects. After holding several consultations among themselves about +their deplorable circumstances, they agreed to state their case before +the proprietors, and beg their advice. In answer to which the Proprietors +instructed Governor Ludwell to inform them, that they would enquire what +does in law qualify an alien born for the enjoyment of the rights and +privileges of English subjects, and in due time let them know; that, for +their part, they would take no advantages of the present grievous +circumstances of the refugees; that their lands should descend to such +persons as they thought proper to bequeath them; that the children of +such as had been married in the same way were not deemed bastards in +England, nor could they be considered as such in Carolina, where such +unlimited toleration was allowed to all men by their charter. Though this +served in some measure to compose the minds of the refugees, yet while +the people harboured prejudices against them the relief was only partial; +and, at the next election of members to serve in assembly, Craven county, +in which they lived, was not allowed a single representative. + + [Sidenote] The manner of obtaining lands. + +From the first settlement of the colony, the common method of obtaining +lands in it was by purchase, either from the Proprietors themselves, or +from officers commissioned by them, who disposed of them agreeable to +their directions. Twenty pounds sterling for a thousand acres of land, +and more or less, in proportion to the quantity, was commonly demanded, +although the proprietors might accept of any acknowledgment they thought +proper. The emigrants having obtained warrants, had liberty to go in +search of vacant ground, and to pitch upon such spots as they judged most +valuable and convenient. This was surveyed, and marked out to them, +according to the extent of their purchase, and plats and grants were +signed, registered and delivered to them, reserving one shilling quitrent +for every hundred acres, to be paid annually to the Proprietors. Such +persons as could not advance the sum demanded by way of purchase, +obtained lands on condition of paying one penny annual-rent for every +acre to the landlords. The former, however, was the common method of +obtaining landed estates in Carolina, and the tenure was a freehold. The +refugees having purchased their estates, and meeting with such harsh +treatment from the colonists, were greatly discouraged, and apprehensive, +notwithstanding the fair promises of the Proprietors, they had escaped +one abyss of misery only to plunge themselves deeper into another. + + [Sidenote] Juries chosen by ballot. + +The manner of impannelling juries in Carolina being remarkably fair and +equitable, justly claims our particular notice. Juries here are not +returned by sheriffs, whose ingenuity and integrity are well known, +particularly in England; but according to an article in the fundamental +constitutions. The names of all the freemen in the colony being taken +down on small pieces of parchment of equal size, they are put into a +ballot-box, which is shaken on purpose to mix them, and out of which +twenty-four names are drawn, at every precinct court before it rises, by +the first boy under ten year of age that appears; which names are put +into another box, and twelve out of the twenty-four are drawn by another +boy under the same age, and summoned to appear at the next meeting of +court; which persons are the jury, provided no exceptions are taken +against any of them. If any of them are challenged by the prisoner, the +boy continues drawing other names till the jury be full. In this mild and +fair manner prisoners are tried, which allows them every chance for life +humanity can suggest or require: for after the most careful examination +of witnesses, and the fullest debate on both sides from the bar, the jury +have instructions about the evidences given, and the point of law which +is to guide them in their decision, from the bench; and are shut up in a +room, where they must remain until they agree, and return their unanimous +verdict, guilty or not guilty. + + [Sidenote] Pirates favored by the colonists. + +Notwithstanding the excellence of this form of trial, it must be +confessed that justice has not always had its free course, nor been +administered with impartiality by the officers and judges appointed by +the proprietors for this purpose. Pirates, for instance, are a body of +men whom all civilized nations are bound in honour and justice to crush; +yet, instead of this, by bribery and corruption they often found favour +with the provincial juries, and by this means escaped the hands of +justice. About this time forty men arrived in a privateer called the +Royal Jamaica, who had been engaged in a course of piracy, and brought +into the country treasures of Spanish gold and silver. These men were +allowed to enter into recognizance for their peaceable and good behaviour +for one year, with securities, till the governor should hear whether the +proprietors would grant them a general indemnity. At another time a +vessel was shipwrecked on the coast, the crew of which openly and boldly +confessed, they had been in the Red sea plundering the dominions of the +Great Mogul. The gentleness of government towards those public robbers, +and the civility and friendship with which they were treated by the +people, were evidences of the licentious spirit which prevailed in the +colony. For although all men ought to be tender of the lives of their +fellow-creatures, and permit ten guilty persons to escape rather than one +innocent man should suffer; yet, to bring pirates to justice is a duty +which both national honour and the common welfare of society necessarily +require. For if we allow such public robbers to escape with impunity, it +may be attended with serious and fatal consequences; it may prove the +occasion of war and bloodshed to nations in general, to the prejudice of +navigation, and the destruction of many innocent lives, which might have +been prevented by proper and legal punishments. The Proprietors were +disposed to consider piracy in this dangerous light, and therefore +instructed Governor Ludwell to change the form of electing juries, and +required that all pirates should be tried and punished by the laws of +England made for the suppression of piracy. Before such instructions +reached Carolina, the pirates, by their money and freedom of intercourse +with the people, had so ingratiated themselves into the public favour, +that it was become no easy matter to bring them to trial, and dangerous +to punish them as they deserved. The courts of law became scenes of +altercation, discord, and confusion. Bold and seditious speeches were +made from the bar, in contempt of the Proprietors and their government. +Since no pardons could be obtained but such as they had authorised the +governor to grant, the assembly took the matter under deliberation, and +fell into hot debates among themselves about a bill of indemnity. When +they found the governor disposed to refute his assent to such a bill, +they made a law impowering magistrates and judges to put in force the +_habeas corpus_ act made in England. Hence it happened, that several of +those pirates escaped, purchased lands from the colonists, and took up +their residence in the country. While money flowed into the colony in +this channel, the authority of government was a barrier too feeble to +stem the fide, and prevent such illegal practices. At length the +proprietors, to gratify the people, granted an indemnity to all the +pirates, excepting those who had been plundering the Great Mogul, most of +whom also found means of making their escape out of the country. + +In this community there subsisted a constant struggle between the people +and the officers of the Proprietors: the former claimed great exemptions +and indulgences, on account of their indigent and dangerous +circumstances; the latter were anxious to discharge the duties of their +trust, and to comply with the instructions of their superiors. When +quitrents were demanded some refused payment, others had nothing to +offer. When actions were brought against all those who were in arrears, +the poor planters murmured and complained among themselves, and were +discontented at the terms of holding their lands, though, comparatively +speaking, easy and advantageous. It was impossible for any governor to +please both parties. The fees also of their courts and sheriffs were +such, that, in all actions of small value, they exceeded the debt to be +recovered by them. To remedy this inconvenience, the assembly made a law +for empowering justices of the peace to hear, and finally to determine, +all causes of forty shillings sterling value and under. This was equally +agreeable to the people, as it was otherwise to the officers of justice. +At length, to humour the planters, the governor proposed to the assembly, +to consider of a new form of a deed for holding lands, by which he +encroached on the prerogative of the proprietors, who had referred to +themselves the sole power of judging in such a case, incurred their +displeasure, and was soon after removed from the government. + + [Sidenote] Thomas Smith appointed governor. + +To find another man equally well qualified for the trust, was a matter at +this time of no small difficulty to the Proprietors. Thomas Smith was a +man possessed of considerable property, much esteemed by the people for +his wisdom and sobriety; such a person they deemed would be the most +proper to succeed Ludwell, as he would naturally be both zealous and +active in promoting the prosperity and peace of the settlement. +Accordingly a patent was sent out to him creating him a landgrave, and, +together with it, a commission investing him with the government of the +colony. Mr. Ludwell returned to Virginia, happily relieved from a +troublesome office, and Landgrave Smith, under all possible advantages, +entered on it. He was previously acquainted with the state of the colony, +and with the tempers and complexions of the leading men in it. He knew +that the interest of the Proprietors, and the prosperity of the +settlement were inseparably connected. He was disposed to allow the +people, struggling under many hardships, every indulgence consistent with +the duties of his trust. No stranger could have been appointed to the +government that could boast of being in circumstances equally favourable +and advantageous. + + [Sidenote] The planting of rice introduced. + +About this time a fortunate accident happened, which occasioned the +introduction of rice into Carolina, a commodity which was afterwards +found very suitable to the climate and soil of the country. A brigantine +from the island of Madagascar touching at that place in her way to +Britain, came to anchor off Sullivan's island. There Landgrave Smith, +upon an invitation from the captain, paid him a visit, and received from +him a present of a bag of seed rice, which he said he had seen growing in +eastern countries, where it was deemed excellent food, and produced an +incredible increase. The governor divided his bag of rice between Stephen +Bull, Joseph Woodward, and some other friends, who agreed to make the +experiment, and planted their small parcels in different soils. Upon +trial they found it answered their highest expectations. Some years +afterwards, Mr. Du Bois, treasurer to the East-India Company, sent a bag +of seed rice to Carolina, which, it is supposed, gave rise to the +distinction of red and white rice, which are both cultivated in that +country. Several years, however, elapsed, before the planters found out +the art of beating and cleaning it to perfection, and that the lowest and +richest lands were best adapted to the nature of the grain; yet, from +this period, the colonists persevered in planting it, and every year +brought them greater encouragement. From this small beginning did the +staple commodity of Carolina take its rife, which soon became the chief +support of the colony, and its great source of opulence. Besides +provisions for man and beast, as rice employs a number of hands in trade, +it became also a source of naval strength to the nation, and of course +more beneficial to it, than foreign mines of silver and gold. From the +success attending this inconsiderable beginning, projectors of new +schemes for improvement may draw some useful lessons, especially where +lands are good, and the climate favourable to vegetation. + + [Sidenote] Occasions a necessity for employing negroes. + +With the introduction of rice planting into this country, and the fixing +upon it as its staple commodity, the necessity of employing Africans for +the purpose of cultivation was doubled. So laborious is the task of +raising, beating, and cleaning this article, that though it had been +possible to obtain European servants in numbers sufficient for attacking +the thick forest and clearing grounds for the purpose, thousands and ten +thousands must have perished in the arduous attempt. The utter inaptitude +of Europeans for the labour requisite in such a climate and soil, is +obvious to every one possessed of the smallest degree of knowledge +respecting the country; white servants would have exhausted their +strength in clearing a spot of land for digging their own graves, and +every rice plantation would have served no other purpose than a burying +ground to its European cultivators. The low lands of Carolina, which are +unquestionably the richest grounds in the country, must long have +remained a wilderness, had not Africans, whose natural constitutions were +suited to the clime and work, been employed in cultivating this useful +article of food and commerce. + + [Sidenote] Perpetual slavery repugnant to the principles of humanity + and Christianity. + +So much may be said for the necessity of employing Africans in the +cultivation of rice; but great is the difference between employing +negroes in clearing and improving those rich plains, and that miserable +state of hardship and slavery to which they are there devoted, and which +has been tolerated and established by the law of the land. If we view +this race, first ranging over the hills of Africa, equally free and +independent as other rude nations on earth, and from thence inveigled by +frauds or compelled by force, and then consigned over to a state of +endless slavery, we must confess the change is great and deplorable, +especially to an impartial and disinterested eye. Without them, it is +acknowledged, slow must have been the progress of cultivation in +Carolina; but, from such a confederation, what man will presume to +vindicate the policy of keeping those rational creatures in perpetual +exile and slavery. Nature had given them an equal right to liberty as to +life, and the general law of self-preservation was equally concerned for +the preservation of both. We would be glad then to know, upon what +principle of equity and justice the English traders found their right to +deprive the freeborn inhabitants of Africa of their natural liberty and +native country; or on what grounds the planter afterwards founds his +right to their service during life, and that of all their posterity, to +the latest generation. Can the particular laws of any country supersede +the general laws of nature? Can the local circumstances of any province +upon earth be pled in excuse for such a violent trade, and for such +endless slavery in consequence of it? Besides, has not this trade a +tendency to encourage war and plunder among the natives of Africa? to set +one tribe against another, to catch and trepan their neighbours, on +purpose to barter them for European trinkets to the factories? Nor is the +traffic confined to the captives of war alone, who have been subjected to +slavery by many nations; for so ardently do they covet the pernicious +liquors and trifling commodities carried to them from Europe, that, +without scruple, they will part with their nearest relations, their wives +and children not excepted, to procure them. Thus civilized nations, by +such a traffic, have made barbarians more barbarous, and tempted them to +commit the most cruel and unnatural actions. + +Nothing can be more evident, than that such a trade is tolerated and +carried on in violation of the grand rule of equity prescribed to +Christians. For example, let us suppose the people of Africa had +discovered an island, such as Newfoundland, in a climate too cool for the +natives of that continent to cultivate, and that the inhabitants of the +north of Europe were alone adapted to the work. In consequence of this +discovery, were they to sail to Britain with a cargo of their gold dust, +and stir up one county to wage war with another for the sake of captives +were they to tempt the father to dispose of his son, the mother of her +daughter, the husband of his wife, and the nearest friends, first to +steal and kidnap, and then barter each other, for Africa's golden idol: +we may with justice put the question, Ye inhabitants of England, what +would ye think of such a traffic? We will readily own, there are few +nations upon earth more fond of gold dust than you, or have gone farther +lengths in the commercial way to procure it; yet, fond as ye are of this +favourite metal, we must do so much justice to your humanity as to +believe, that your nation would resound with complaints against a traffic +so unjust and cruel. Yet certainly the African's natural right to pursue +it is equally well grounded as that of the European. What principle of +Christianity can you then plead in its vindication? Your superior power, +avarice, and craft, the African acknowledges to his sad experience; but +he complains of being made absolute property, such as cattle, goods and +chattels, and subject to be seized, levied upon, and tossed from hand to +hand for the payment of commercial debts, by the laws of your realm, to +which he never owed any subjection or obedience. He complains of the +means used to bring him into such grievous and deplorable circumstances, +as unfair and iniquitous. He complains, that his utmost labour and +industry for any limited time will not be accepted by the master he +serves, as a compensation for the expence of his purchase, and that he +and all his generation must remain slaves for ever, without hope of +redemption or deliverance. And, without doubt, hard is his case, and well +grounded are his complaints. Indeed the planter's concern only commences +with the arrival of these slaves, and his contract made with the +merchant, who, under the colour and authority of the laws, brought them +into the country where he lives. For the purchase he makes he has also +the sanction and countenance of law, which is in some measure a +justification of his conduct. On provincial regulations, with respect to +the subsequent management and treatment of negroes, we shall afterwards +take occasion to make some remarks. At present we shall only add, that in +no instance can it be said to be a more plain and lamentable truth, that +the love of money is the root of all evil, than when it urges men to +trade in the bodies and souls of their fellow-creatures. + + [Sidenote] Foreign colonies encouraged from views of commercial + advantage. + +During the period of the usurpation in England, when the great councils +of the nation were under the direction of men of mean birth and little +education, the considerations of mercantile profit became connected with +those of dominion and the higher springs of government. After the +conquest of Jamaica, it was resolved, that the nation should make a +commercial profit of every colony that had been, or should be, planted in +the western world. At the Restoration the same turn in politics was also +adopted, and the parliament which brought about that great event made a +law, by which it was enacted, that no sugar, cotton, wool, indigo, +ginger, fustic, or other dying wood, of the growth of any English +plantation in Asia, Africa, or America, should be transported to any +other place than to some English plantation, or to England, Ireland, +Wales, and Berwick upon Tweed, upon pain of forfeiture of ship and goods; +that, for every vessel sailing from England, Ireland, Wales, and Berwick +upon Tweed, bond shall be given, with security of one or two thousand +pounds sterling, money of Great Britain, that if she load any of the said +commodities at such plantations, she shall bring them to some port of +these English dominions. And for every vessel coming to the said +plantations the governor shall, before she be permitted to load, take +such bond as aforesaid, that she shall carry such commodities to England, +Ireland, Wales, or Berwick upon Tweed. This laid the foundation of what +was afterwards called _enumerated commodities_; and to these already +mentioned, rice, hemp, copper ore, beaver skins, and naval stores, were +afterwards added, and, with some exceptions, subjected to the same +restraint. + +This navigation law, though it cramped the trade of the colonies, yet it +has been attended with many beneficial consequences to Britain: and while +she maintained the supreme power of legislation throughout the empire, +and wisely regulated the trade and commerce of her foreign settlements, +she might reap many and substantial advantages from them. She might +render them a market for her manufactures, and at the same time supply +herself with such commodities as her northern climate refused, and +obliged her to purchase from other nations. By such means she might +enlarge her commerce and trade, at the same time she increased her naval +strength. It was her interest in a particular manner to encourage +settlements in a different climate, the productions of which luxury had +made necessary to the support of her domestic dominions. Their articles +of product interfered not with those of Britain, and were in no danger of +rivalling her at any market. But should the planters in these colonies +begin to think themselves entitled to the privileges of raising what +productions they please, and of sending them to any market they judged +most advantageous to themselves, they would then become colonies equally +useful to all the world; and the mother country, who discovered, peopled +and protected them, would share no more advantage from them than rival +states around her. On this principle Great Britain grounds her right to +expect a market for her manufactures in the colonies she planted and +nursed, and to regulate their produce and trade in such a channel as to +render them only subservient to her own interest. Without this right they +would not only be useless to her, but very prejudicial. Colonies planted +in the same latitude with the parent state, raising the same productions, +and enjoying the same privileges, must in time be both detrimental and +dangerous; for while they drain her of inhabitants, they are growing +strong upon her ruins. They meet her at the same market with the same +commodities, a competition arises between them, and occasions jealousies, +quarrels, and animosities. Then she will become sensible of the bad +policy of having promoted such colonies, when they prove dangerous rivals +in trade and commerce, and when perhaps it is become too late to remedy +the evil: for a rival daughter often becomes the more abusive and +troublesome, in proportion as she is better acquainted than strangers +with the natural fondness and indulgent temper of a tender mother. + +From Carolina indeed Britain had less to fear than from the more northern +colonies, as the latitude was more remote, and the climate and soil +better suited to different productions. Here the people naturally engaged +in pursuits different from those of the mother country, and a mutual +exchange of commodities and good offices would of consequence the more +necessarily take place. They might barter their skins, furs, and naval +stores, for clothes, arms, ammunition, and utensils necessary for +cultivation, imported from England. They might send their provisions, +lumber, and Indian captives to the West Indies, and receive the luxuries +of these islands, and the refuse of their cargoes of slaves, in return, +without any prejudice to Britain: for as the two climates differed +greatly, they were of consequence adapted to different articles of +produce. To such staples the first views of the planters ought to have +been chiefly directed, and, for their encouragement in raising them, +premiums from the Proprietors might have been attended with the most +beneficial effects. + + [Sidenote] A.D. 1693. Indians complain of injustice. + +Before this time the Carolineans had found out the policy of setting one +tribe of Indians against another, on purpose to save themselves. By +trifling presents they purchased the friendship of some tribes, whom they +employed to carry on war with others, which not only diverted their +attention from them, but encouraged them to bring captives to +Charlestown, for the purpose of transportation to the West Indies, and +the advantage of trade. In the year 1693, twenty Cherokee chiefs waited +on Governor Smith, with presents and proposals of friendship, craving the +protection of government against the Esaw and Congaree Indians, who had +destroyed several of their towns, and taken a number of their people +prisoners. They complained also of the outrages of the Savanna Indians +for selling their countrymen, contrary to former regulations established +among the different tribes; and begged the governor to restore their +relations, and protect them against such insidious enemies. Governor +Smith declared to them, that there was nothing he wished for more than +friendship and peace with the Cherokee warriors, and would do every thing +in his power for their defence: that the prisoners were already gone, and +could not be recalled; but that he would for the future take care that a +stop should be put to the custom of sending them off the country. At the +same time the Chihaw king complained of the cruel treatment he had +received from John Palmer who had barbarously beat and cut him with his +broad-sword. In answer to which charge Palmer was insolent and +contumacious, and protested, in defiance and contempt of both governor +and council, he would again treat him in like manner upon the same +provocation; for which he was ordered into custody, until he asked pardon +of the house, and found security for his future peaceable behaviour to +Indians. Such instances of harsh treatment serve to account for many +outrages of Indian nations, who were neither insensible to the common +feelings of human nature, nor ignorant of the grievous frauds and +impositions they suffered in the course of traffic. By some planters +indeed they were used with greater humanity, and employed as servants to +cultivate their lands, or hunt for fresh provisions to their families; +and as the woods abounded with deer, rabbits, turkeys, geese, ducks, +snipes, etc. which were all accounted game, an expert hunter was of great +service in a plantation, and could furnish a family with more provisions +than they could consume. + + [Sidenote] The troubles among the settlers continue. + +With respect to government Carolina still remained in a confused and +turbulent state. Complaint from every quarter was made to the governor, +who was neither able to quiet the minds of the people, nor afford them +the relief they wanted. The French refugees were uneasy that there was no +provincial law to secure their estates to the heirs of their body, or the +next in kin, and afraid that their lands at their death would escheat to +the Proprietors, and their children become beggars, notwithstanding their +utmost industry and application; and, in such a case, the sooner they +removed from the colony the better it would be for themselves and their +posterity. The English colonists, not only kept up variances among +themselves, bur also perplexed the governor with their complaints of +hardships and grievances. At last Landgrave Smith wrote the Proprietors, +and frankly told them, that he despaired of ever uniting the people in +interest and affection; that he and many more, weary of the fluctuating +state of public affairs, had resolved to leave the province; and that he +was convinced nothing would bring the settlers to a state of tranquillity +and harmony, unless they sent out one of the Proprietors, with full +powers to redress grievances, and settle differences prevailing and +likely to prevail more in their colony. + + [Sidenote] John Archdale appointed governor. + +The Proprietors, astonished at the discontented and turbulent spirit of +the people, yet anxious to prevent the settlement from being deserted and +ruined, resolved to try the remedy Landgrave Smith had suggested; and +accordingly pitched on Lord Ashley, an ingenious and bright young +nobleman, to go to Carolina, and invested him with full powers, after +viewing the posture of affairs on the spot, to establish such regulations +as he judged most conducive to the peace and welfare of the colony. Lord +Ashley, however, having either little inclination to the voyage, or being +detained in England by business of greater consequence, John Archdale +agreed to embark in his place. Archdale was a man of considerable +knowledge and discretion, a Quaker, and a Proprietor; great trust was +reposed in him, and much was expected from his negociations. + +In the mean time Landgrave Smith having resigned his charge, Daniel Blake +was chosen governor, until the pleasure of the Proprietors was known. So +great was the antipathy of the English settlers to the French refugees +now grown, that they insisted on their total exclusion from a voice in +the legislature. For this purpose an address was prepared and signed by a +great number of them, and presented to Governor Blake, praying, that the +refugees might not only be denied the privilege of sitting as members of +the legislative body, but also of a vote at their election, and that the +assembly might be composed only of English members, chosen by Englishmen. +Their request, however, being contrary to the instructions of the +Proprietors, Blake, it is probable, judged beyond his power to grant, and +therefore matters relating to them continued in the same unsettled state, +until the arrival of Governor Archdale, which happened about the middle +of the year 1695. + + [Sidenote] Archdales's arrival, and new regulations. + +The arrival of this pious man occasioned no small joy among all the +settlers, who crowded about him, each expecting some favour or +indulgence. Amidst the general joy, private animosities and civil discord +seemed for a while to be buried in oblivion. The governor soon found, +that three interesting matters demanded his particular attention. The +first was, to restore harmony and peace among the colonists themselves; +the second, to reconcile them to the jurisdiction and authority of the +Proprietors; and the third, to regulate their policy and traffic with the +Indian tribes. For these purposes he summoned his council for advice, and +the commissions to the different deputies were read. The members +appointed were Joseph Blake, Stephen Bull, James Moore, Paul Grimball, +Thomas Carey, John Beresford, and William Hawett. All former judges of +the courts, officers of the militia, and justices of the peace, were +continued in their respective offices. But such was the national +antipathy of the English settlers to the poor French refugees, that +Archdale found their total exclusion from all concern in legislature was +absolutely necessary to the peaceable convocation of the delegates, and +therefore issued writs directing them only to Berkley and Colleton +counties. Ten members for the one, and ten for the other, all Englishmen, +were accordingly chosen by the freemen of the same nation. At their +meeting the governor made a seasonable speech to both houses, acquainting +them with the design of his appointment, his regard for the colony, and +great desire of contributing towards its peace and prosperity. They, in +return, presented affectionate addresses to him, and entered on public +business with great temper and unanimity. Matters of general moment and +concern Governor Archdale, by his extensive powers and great discretion +settled to the satisfaction of all, excepting the French refugees. The +price of lands and the form of conveyances were fixed by law. Three years +rent was remitted to those who held land by grant, and four years to such +as held them by survey, without grant. Such lands as had escheated to the +Proprietors, were ordered to be let out or sold for their Lordships +benefit. It was agreed to take the arrears of quitrents either in money +or commodities, as should be most easy and convenient for the planters. +Magistrates were appointed, for hearing all causes between the settlers +and Indians, and finally determining all differences between them. Public +roads were ordered to be made, and water passages cut, for the more easy +conveyance of produce to the market. Some former laws were altered, and +such new statutes made as were judged requisite for the good government +and peace of the colony. In short, public affairs began to put on an +agreeable aspect, and to promise fair towards the future progress and +welfare of the settlement. But as for the French refugees, all the +governor could do for them was, to recommend it to the English +freeholders to consider them in the most friendly and compassionate point +of light, and to treat them with lenity and moderation. + + [Sidenote] Treats Indians with humanity. + +No man could entertain more benevolent sentiments, with respect to the +ignorant heathen savages, than Governor Archdale; his compassion for them +was probably one of the weighty motives which induced him to undertake +the voyage to this country. To protect them against insults, and +establish a fair trade and friendly intercourse with them, were +regulations which both humanity required and sound policy dictated. But +such was the rapacious spirit of individuals, that it could be curbed by +no authority. Many advantages were taken of the ignorance of Indians in +the way of traffic. The liberty of seizing their persons, and selling +them for slaves to the West-India planters, the colonists could not be +prevailed on entirely to resign, without much reluctance. At this time a +war raged between two Indian nations, the one living in the British, the +other in the Spanish territories. The Yamassees, a powerful tribe in +Carolina, having made an incursion into Florida, took a number of Indians +prisoners, whom they brought to Charlestown for sale to the provincial +traders to Jamaica and Barbadoes. Governor Archdale no sooner heard of +their arrival, than he ordered the Spanish Indians to be brought to him, +and finding that they had been instructed in the rites and principles of +the Catholic religion, he could not help considering it as an atrocious +crime to sell Christians of any denomination. To maintain a good +understanding between the two provinces, he sent the prisoners to +Augustine, and along with them the Yamassee warriors, to treat of peace +with the Indians of Florida. The Spanish governor wrote a letter to Mr. +Archdale, thanking him for his humanity, and expressing a desire to live +on terms of friendship and peace with the Carolineans. In consequence of +which, Governor Archdale issued orders to all Indians in the British +interest, to forbear molesting those under the jurisdiction of Spain. The +two kings being at that time confederates, the like orders were issued at +St. Augustine, and in a short time they were attended with beneficial +effects. Such wise steps served not only to prevent slaughter and misery +among these savages themselves, but an English vessel being accidentally +shipwrecked on the coast of Florida, the Indians did the crew no harm, +but, on the contrary, conducted them safe to Augustine, where the +commandant furnished them with provisions, and sent them to the English +settlements. + +Nor did Governor Archdale confine his views to the establishment of a +good correspondence with the Indian nations on the south of this +settlement, but extended them also to those on the north side of it. +Stephen Bull, a member of the council and an Indian trader, at his +request entered into a treaty of friendship with the Indians living on +the coast of North Carolina. This proved also favourable for some +adventurers from New England, who were soon after the conclusion of the +treaty shipwrecked on that coast. These emigrants got all safe to land, +but finding themselves surrounded by barbarians, expected nothing but +instant death. However, to defend themselves in the best manner they +could, they encamped in a body on the shore, and threw up an entrenchment +around them. There they remained until their small stock of provisions +was almost exhausted. The Indians, by making signs of friendship, +frequently invited them to quit their camp; but they were afraid to trust +them, until hunger urged them to run the hazard at all events. After they +came out, the Indians received them with great civility, and not only +furnished them with provisions, but also permitted some of them peaceably +to travel over land to Charlestown, to acquaint the governor with their +misfortune. Upon which a vessel was sent to North Carolina, which brought +them to Cooper river, on the north side of which lands were allotted them +for their accommodation and they formed that settlement afterwards known +by the name of Christ's-church parish. + +About the same time, two Indians of different tribes being intoxicated +with liquor, a vice which they learned from the English settlers, +quarrelled at Charlestown, and the one murdered the other. Among these +barbarians, not to avenge the death of a friend is considered as +pusillanimous, and whenever death ensues, drunkenness, accident, or even +self-defence, are in their eyes no extenuation of the crime. The +relations of the deceased, hearing of his death, immediately came to +Charlestown, and demanded satisfaction. Governor Archdale, who had +confined the murderer, being desirous to save his life, offered them a +compensation; but they refused it, and insisted on blood for blood and +death for death, according to the law of retaliation. To prevent the +quarrel spreading wider among them, he was obliged to deliver the +prisoner up to punishment and death. While they were conducting him to +the place of execution, his king, coming up to him, enjoined him, since +he must die, to stand and die like a man; adding, at the same time, that +he had often warned him of the danger of rum, and now he must lose his +life for neglecting his counsel. When he had advanced to the stake to +which he was to be fastened, he desired that they would not bind him, +promising not to stir a foot from the spot; and accordingly he did not, +but with astounding resolution braved the terrors of death, and fell a +sacrifice to justice, the frequent wages of blind drunkenness and mad +excess. + + [Sidenote] The Proprietors shamefully neglected agriculture. + +It may now be thought a matter of surprise by some men, especially by +such as know the advantages of agriculture, that the Proprietors of +Carolina, who were men of knowledge, and zealous for the interest and +improvement of the colony, paid so little regard to the only thing upon +which the subsistence of the inhabitants and the success of the +settlement depended. Instead of framing codes of laws, and modelling the +government of the country on principles of speculation, in which men are +always in danger of error, especially when living in a different climate, +far remote from the country they mean to govern; had they established a +plantation in it for the particular purpose of making experiments, to +find out what productions were most suitable to the soil and climate; +this would have been of more real use than all the visionary laws they +ever framed. The first planters were men of little knowledge or +substance, many of them utter strangers to the arts of agriculture; and +those who had been accustomed to husbandry in Europe, followed the same +rules, and planted the same grain in Carolina, as they had formerly done +in England; which were by no means adapted to the climate. They moved on +in the old line, exhausted their strength in fruitless efforts, without +presuming to imagine, that different articles of produce, and a deviation +from the eastern modes of cultivation, could be beneficial. Hence the +planters, though they had lands on the easiest terms, remained poor; and +the fault was occasioned more by their ignorance and inexperience than by +the climate or soil. It was the business of the Proprietors to have +directed their views to such productions as were best suited to the +nature of their lands, and most likely to reward their toil; and not to +have left a matter of such importance to chance, or the ingenuity of poor +labourers. Agriculture was certainly an object of the highest consequence +to the settlers, and of course also to the Proprietors of the country. + + [Sidenote] Archdale returns to England, and leaves Joseph Blake + governor. + +Governor Archdale having finished his negociations in Carolina, made +preparations for returning to Britain. During his time though the +government had acquired considerable respect and stability, yet the +differences among the people still remained. Former flames were rather +smothered for a while than extinguished, and were ready on the first +occasion to break out again and burn with greater violence. Before he +embarked, the council presented to him an address, to be transmitted to +the Proprietors, expressing the deep sense they had of their Lordships +paternal care for their colony, in the appointment of a man of such +abilities and integrity to the government who had been so happily +instrumental in establishing its peace and security. They told them, they +had now no contending factions in government, or clashing interests among +the people, excepting what respected the French refugees, who were +unhappy at their not being allowed all the privileges and liberties of +English subjects, particularly those of sitting in assembly, and voting +at the election of its members, which could not be granted them without +losing the affections of the English settlers, and involving the colony +in civil broils; that Governor Archdale, by the advice of his council, +had chose rather to refuse them those privileges than disoblige the bulk +of the British settlers; that, by his wise conduct, they hoped all +misunderstandings between their Lordships and the colonists were now +happily removed; that they would for the future cheerfully concur with +them in every measure for the speedy population and improvement of the +country; that they were now levying money for building fortifications, to +defend the province against foreign attacks, and that they would strive +to maintain harmony and peace among themselves. Governor Archdale +received this address with peculiar satisfaction, and promised to present +it to the Proprietors on his arrival in England. Being impowered to +nominate a lieutenant-governor, he made choice of Joseph Blake for his +successor, and embarked for Britain about the close of the year 1696. + +After Mr. Archdale's arrival in England, he laid this address, together +with a state of the country, and the regulations he had established in +it, before the Proprietors, and showed them the necessity of abolishing +many articles in the constitutions, and framing a new plan of government. +Accordingly, they began to compile new constitutions; from his +information and intelligence forty-one different articles were drawn up +and sent out by Robert Daniel, for the better government of the colony. +But when the governor laid these new laws before the assembly for their +assent and approbation, recommending the careful perusal and +consideration of them, they treated them as they had done the former +constitutions, and, instead of taking them under deliberation, modestly +laid them aside. + + [Sidenote] A colony of French in Florida. + +Mean while France, having thought proper to recognize King William in the +quality of king of Great Britain and Ireland, a treaty of peace was +concluded between the two nations. After which, a project was formed by +Lewis XIV. for establishing a colony of his people at the mouth of the +great river Mississipi. To that immense territory lying to the eastward +of that river, and extending along the back of the Appalachian mountains, +from the Mexican seas to his dominions in Canada, he laid claim, which, +in honour of him, was afterwards called Louisiana. Some discerning men in +England early warned the nation of danger to the British settlements from +a French colony established on this quarter; yet many years elapsed +before they began to feel the inconveniences and troubles arising from +it. It was foreseen, that, besides the Spaniards, another competitor for +power and dominion would spring up, in a situation where they had a fair +opportunity of engrossing the trade and affections of Indian tribes, and +harassing the weakest frontiers of the British colonies: and doubtless, +from the influence and address of the Frenchmen among Indians, the +English settlers had more to fear, than from the religious zeal and +bigotry of indolent Spanish friars. + +John Earl of Bath having succeeded Lord Craven as Palatine, several +persons of character and influence in Carolina were by him created +landgraves; among whom were Edmund Ballenger, John Bayley, and Robert +Daniel; Edmund Bohun was appointed Chief Justice of the colony. About the +same time Nicholas Trott, a learned and ambitious man, left the Bahama +islands, and took up his residence in Carolina. Numbers from different +quarters continued to resort to this country, and, notwithstanding its +warm and unhealthy climate, the flattering prospects of landed estates +induced men to run every risque; and the Proprietors neglected no means +which they judged conducive towards its speedy population. + + [Sidenote] The French refugees incorporated by law. + +With respect to the French refugees, the national antipathies among the +colonists now began to abate, who, from their quiet and inoffensive +behaviour, entertained daily more favourable sentiments of them. Along +with their neighbours they had defied the dangers of the desert, and +given ample proofs of their fidelity to the Proprietors, their love to +the people, and their zeal for the success of the colony. They had +cleared little spots of land for raising the necessaries of life, and in +some measure surmounted the difficulties of the first state of +colonization. Yet none of them could boast of great success, excepting +one man who had taught the Indians dancing and music, for which arts they +discovered an amazing fondness, and liberally rewarded him for his +instructions. At this favourable juncture the refugees, by the advice of +the governor and other friends, petitioned the legislature to be +incorporated with the freemen of the colony, and allowed the same +privileges and liberties with those born of English parents. Accordingly +an act passed for making all aliens free, for enabling them to hold +lands, and to claim the same as heirs to their ancestors, who should take +the oath of allegiance to King William. With this condition the refugees +joyfully complied, and the Proprietors, without scruple, ratified the +law; in consequence of which, the French and English settlers, united in +interest and affection, have ever since lived together in harmony and +peace. + +Though every person enjoyed liberty of conscience with respect to +religion, yet as the Proprietors were Episcopalians, the tendency of +their government leaned towards that mode of religious worship. Governor +Blake, though a dissenter himself, possessed the most liberal sentiments +towards men of a different persuasion. During his time a bill was brought +into the assembly, for allowing the Episcopal minister of Charlestown, +and his successors for ever, a salary of one hundred and fifty pounds +sterling, together with a house, glebe, and two servants. Samuel Marshal, +a pious and learned man, being the Episcopal minister at that time, whose +prudence and ability had gained him great esteem from Christians of all +denominations, the bill passed with the less opposition. Dissenters in +general, a large body of the people, conscious of the amiable character +and great merit of the man, acquiesced in the measure; and as no motion +had been made respecting any established church, they seemed apprehensive +of no ill consequences from it. However, soon after this, when the design +of the Proprietors became more plain, this party, jealous above all +things of their religious liberties, took the alarm, and opposed the +establishment of the church of England in the colony with such violence, +as occasioned no small ferment for many years in the settlement. + + [Sidenote] Depredations of pirates. + +About this time the coast of Carolina was infested with pirates, who +hovered about the mouth of Ashley river, and obstructed the freedom of +trade. In the last year of the seventeenth century, the planters had +raised more rice than they could find vessels to export. Forty-five +persons from different nations, Englishmen, Frenchmen, Portuguese, and +Indians, had manned a ship at the Havanna, and entered on a cruise of +piracy. While they were on the coast of Carolina, the people felt +severely the pernicious effects of that lawless trade, which in former +times they were too apt to encourage. Several ships belonging to +Charlestown were taken by those public robbers, who sent the crews +ashore, but kept the vessels as their prizes. At last having quarrelled +among themselves about the division of the spoil, as frequently happens +among such free-booters, the Englishmen proving the weaker party, were +turned adrift in a long-boat. They landed at Sewee bay, and from thence +travelled over land to Charlestown, giving out that they had been +shipwrecked, and fortunately escaped to shore in their boat. But, to +their sad disappointment and surprise, no less than three masters of +ships happened to be at Charlestown at the time, who had been taken by +them, and knew them; upon whose testimony the pirates were instantly +taken up, tried and condemned, and seven out of nine suffered death. + + [Sidenote] A hurricane, + +During the autumn of the same year, a dreadful hurricane happened at +Charlestown, which did great damage, and threatened the total destruction +of the town. The lands on which it is built being low and level, and not +many feet above high-water mark, the swelling sea rushed in with amazing +impetuosity, and obliged the inhabitants to fly for shelter to the second +stories of their houses. Happily few lives were lost in town; but a large +vessel, called the Rising Sun, belonging to Glasgow, and commanded by +James Gibson, which had come from Darien with part of the unfortunate +Scotch settlers, at the time of the storm rode at anchor off the bar. +This ship the hurricane drove from her anchor, and dashed to pieces +against the sand-banks, and every person on board perished. Archibald +Stobo, a Presbyterian clergyman, Lieutenant Graham, and several more +belonging to the ship, being accidentally on shore during the tempest, +escaped the disaster. These men going next day in search of their +unfortunate countrymen, found the corpses of the greatest part of them +driven ashore on James's island, where they spent a whole day in burying +them, the last act of humanity they could then perform to their beloved +companions. + + [Sidenote] and other public calamities, visit the province. + +Nor was this the only disaster which distinguished this year in the +annals of Carolina. A fire broke also out in Charlestown, and laid the +most of it in ashes. The small-pox raged through the town, and proved +fatal to multitudes of the rising generation. To complete their distress, +an infectious distemper broke out, and carried off an incredible number +of people, among whom were Chief Justice Bohun, Samuel Marshal the +Episcopal clergyman, John Ely the receiver-general, Edward Rawlins the +provost-martial, and almost one half of the members of assembly. Never +had the colony been visited with such general distress and mortality. Few +families escaped a share of the public calamities. Almost all were +lamenting the loss, either of their habitations by the devouring flames, +or of friends or relations by the infectious and loathsome maladies. +Discouragement and despair sat on every countenance. Many of the +survivors could think of nothing but abandoning a country on which the +judgments of heaven seemed to fall so heavy, and in which there was so +little prospect of success, health, or happiness. They had heard of +Pennsylvania, and how pleasant and flourishing a province it was +described to be, and therefore were determined to embrace the first +opportunity that offered of retiring to it with the remainder of their +families and effects. + +Governor Blake, deeply sensible of the public distress, tried every art +for alleviating the misery of the people, and encouraging them to +perseverance; but the members of assembly who survived, became so +negligent about public affairs, that he found himself under a necessity +of dissolving the house, and calling another, hoping that they might be +more zealous and active in concerting measures for the public relief. Of +this new assembly Nicholas Trott, whose talents had raised him above the +level of his fellow-representatives, was made speaker, and who warmly +espoused the cause of the people, in opposition to the interest of the +proprietors. The governor and council claimed the privilege of nominating +public officers, particularly a receiver-general, until the pleasure of +the proprietors was known. The assembly, on the other hand, insisted that +it belonged to them. This occasioned several messages between the two +houses, and much altercation. However, the upper house appointed their +man. The lower house resolved, that the person appointed by them was no +public receiver, and that whoever should presume to pay money to him as +such, should be deemed an infringer of the privileges of assembly, and an +enemy to the country. Trott flatly denied they could be called an upper +house, though they thus styled themselves, as they differed in the most +essential circumstances from the house of lords in England; and therefore +led the assembly to call them the Proprietors deputies, and to treat them +with indignity and contempt, by limiting them to a day to pass their +bills, and to an hour to answer their messages. At this time Trott was +eager in the pursuit of popularity, and by his uncommon abilities and +address succeeded in a wonderful manner. Never had any man there, in so +short a time, so thoroughly engrossed the public favour and esteem, or +carried matters with so high a hand, in opposition to the proprietary +counsellors. + + [Sidenote] James Moore chosen governor. + +About the close of the year 1700, Governor Blake died, and a dispute +arose in the upper house about the succession to the government. Joseph +Morton, as eldest landgrave, claimed the preference, until the pleasure +of the Palatine was known. But James Moore, a needy, forward and +ambitious man, stood forth in competition, and, by activity and art, +gained a number over in support of his pretensions. He objected to +Landgrave Morton, because he had accepted a commission from King William +to be judge of the court of vice-admiralty, while, at the same time, he +held one of the Proprietors to the same office: this Moore and his +friends declared to be a breach of the trust reposed in him; and that he +might with equal propriety have accepted of a commission from King +William to be governor; while he held that office of the Proprietors. +Landgrave Morton replied, that there was a necessity for holding a +commission from the king to be judge of the court of vice-admiralty, +because it did not appear from the charter that the Proprietors could +impower their judge to try persons for acts committed without the bounds +of their colony, and that with such jurisdiction the judge of the +admiralty ought for many reasons always to be vested. However, the upper +house deemed the objection of force sufficient to set Morton aside, and +James Moore was chosen successor to Governor Blake. From which period the +colony may date the beginning of further jealousies and troubles, which +continued for several years, and obstructed its progress in improvement. +Various intrigues crept into the seat of government, and several +encroachments were made on the liberties and privileges of the people, +both civil and religious. + + [Sidenote] Lord Granville Palatine. + +King William, though he maintained the power of the established church, +yet he often discovered a secret attachment to Presbyterians, and on all +occasions treated them with lenity and moderation. Hence many of the more +zealous friends to the church of England, alarmed at the prospects of its +dangerous situation, became eagerly bent not only in support of its +constitution, but even of its minutest forms, usages, and vestments. Lord +Granville among the rest, after he was called up to the house of peers, +had there distinguished himself as an inflexible bigot for the +High-church, having been early taught to entertain the most supercillous +contempt for Dissenters of all denominations. Being now also Palatine of +Carolina, he soon discovered that the establishment of Episcopacy, and +the suppression of all other modes of religious worship, in that country, +was the chief object of his zeal and attention. James Moore being +considered as a man more fit than Landgrave Morton for assisting him in +the accomplishment of his favourite design, the more easily obtained a +confirmation of his election to the government. + + [Sidenote] King William's charter to the society for propagating the + gospel. + +Here it may not be improper to observe, that several eminent men had +appeared in England, who, pitying the miserable state of the western +world with respect to religion, had proposed some public-spirited design +for the propagation of the gospel among the heathens on that vast +continent. Robert Boyle, no less distinguished for his eminent piety than +universal learning, had been appointed by Charles II. governor of a +corporation established for the propagation of the Christian religion +among Indians, the natives of New England and parts adjacent, in America. +Queen Mary afterwards discovered a great desire for enlarging their plan, +and for this purpose gave a bounty of two hundred pounds sterling +annually to support missionaries in that quarter. Dr. Compton, bishop of +London, was at pains to procure a state of religion among the English +colonies, from a persuasion of the necessity and propriety of beginning +this charitable work among them; and Dr. Thomas Bray, his commissary in +Maryland, furnished him with one suited to excite sympathy and compassion +in every pious and generous breast. At length Dr. Tennison, archbishop of +Canterbury, undertook the laudable design, applied to the crown, and +obtained a charter incorporating a society for the propagation of the +gospel in foreign parts. The nation in general entered into the design +with their usual ardour for all benevolent and charitable institutions. +From different parts large benefactions were received by this society, +and it was soon enabled to support a number of missionaries in the +plantations. Religious books were purchased and sent out to different +provinces, and Carolina among the rest received a number of them. A law +passed for instituting a public library in the province, to remain under +the care and custody of the Episcopal minister of Charlestown. Edward +Marston at this time took the charge of it, and was disposed to +contribute every thing in his power towards rendering it generally +useful. But the Dissenters, from the choice of the books, most of which +were wrote by Episcopal divines, and in defence of the doctrine, +discipline and worship of the church of England, soon perceived the +intention of the society, and a library framed on such a narrow +foundation was treated with neglect, and proved utterly ineffectual for +promoting the desired end, I mean, the religious instruction of the +people. + +About this time the number of inhabitants in the colony amounted to +between five and six thousand, besides Indians and negroes. In +Charlestown they had one minister of the church of England, and another +of the church of Scotland; but in the country there was no such thing as +public worship, nor schools for the education of children; and people +living thus scattered through a forest, were likely in time to sink by +degrees into the same state of ignorance and barbarism with the natural +inhabitants of the wilderness. To supply these destitute colonists with +proper means of instruction, called for the first attention of the +society; for as Indians and negroes would naturally take their first +religious impressions from their neighbours, to begin at this place was +like paving the way for extending wider the benefits of instruction. In +what manner the colony was supplied with ministers from this society, and +how far the interest of religion in that country was promoted by it, we +shall afterwards have occasion more particularly to narrate. + + [Sidenote] An established church projected by the Palatine. + +To prepare the province for the charitable assistance of this society, it +was judged necessary to have the church of England established in it by a +provincial law, and the country divided into different parishes, The +Palatine imagined that these internal troubles and differences, by which +the colony had hitherto been agitated, and the government rendered feeble +and fluctuating, were occasioned by the clashing sentiments of the people +with respect to religion. To remedy this evil, he perceived that some +bond of union was necessary, to carry on public measures with ease and +success; and religion had been deemed the firmest cement of every state. +He knew that the Episcopal form of church government was more favourable +to monarchy and the civil constitution than the Presbyterian, as in it a +chain of dependence subsists, from the highest to the lowest in the +church. While therefore he instructed Governor Moore to study all +possible means of persuading the assembly to acquiesce in that form +contained in the fundamental constitutions, he was equally zealous for an +established church, that the wheels of their government might be no more +clogged by religious dissentions. + + [Sidenote] But disliked by the majority of the people. + +But as a great majority of the colonists were Dissenters, who fled from +England on account of rigorous acts of uniformity, their minds were ill +disposed to admit of any establishment. Their former prejudices they had +not yet thrown aside; their hardships in England they had not yet forgot. +Their private opinions respecting religion were various as their +different complexions, and unlimited toleration was granted to all by the +charter. They could hear of no proposals about an established church, and +the Palatine at such an unreasonable time, shewed more zeal than prudence +or good policy in attempting to introduce it among them. The governor +found them inflexible and obstinate in opposing such a measure; and the +people even began to repent of having passed a law for fixing a salary +for ever on the rector of the Episcopal church, and considered it as a +step preparatory to further encroachments. + + [Sidenote] Governor Moore resolves to get riches. + +The great object with Governor Moore was to improve his time, not knowing +how long his precarious power might last, for bettering his low and +indigent circumstances. It appeared to him, that the traffic in Indians +was the shortest way to riches. He therefore granted commissions to +several persons, to assault, trepan and captivate as many Indians as they +could, and resolved to turn the profits of such trade to his own private +emolument. Not contented with this cruel method of acquiring wealth, he +formed a design for engrossing the whole advantages arising to the colony +from their commerce with Indian nations. For this purpose a bill was +brought into the assembly for regulating the Indian trade, and drawn up +in such a manner as would cause all the profits of it to center in his +hands. But Nicholas Trott, Robert Stephen, and others, proved to the +assembly the pernicious tendency of such a bill, and therefore it was +thrown out. At which Governor Moore being highly offended, dissolved the +house, in hopes of procuring another more favourable to his private views +and interests. + + [Sidenote] Encourages irregularities at elections. + +At the election of the next assembly the governor and his friends exerted +all their power and influence to bring in men of their own complexion, I +mean such as would be most compliant with Moor's instructions from +England, and most ready to assist him in advancing his interest. Nicholas +Trott, who had hitherto shone like a star of the first magnitude on the +opposite side, being now appointed Attorney-general, threw all his +influence and weight into the scale of government, turned his back on his +former friends, and strongly supported that tottering fabric which he had +formerly endeavoured to pull down. Charlestown, where all freeholders met +to give their suffrages, at the time of this election was a scene of +riot, intemperance, and confusion. The sheriff, having instructions so to +do, admitted every person to vote; the members of Colleton county say, +even common sailors, servants, foreigners, and mallattoes. Such +freeholders as stood forth in opposition to the governor's party, were +abused and insulted. At length, when the poll was closed, one half of the +persons elected were found to be men of neither sense nor credit; but +being the chosen creatures of the governor, it was his business to +prevent all inquiry into the conduct of the sheriff, and the +qualifications of such members. + +Ar this time Carteret county was inhabited only by Indians; but in +Colleton county there were no less than two hundred freeholders, who had +a right to vote for delegates to assembly. The principal plantations in +it were those of the late Sir John Yeamans, Landgraves Morton, Ballenger +and Axtell, and those of Blake, Boone, Gibbes, Schinking, and others. The +people of this county being highly offended at the manner of election, +particularly the arts and intrigues practised, and the riot and +intemperance permitted at it, drew up a representation of the whole +transaction, and transmitted it to the Proprietors in England: but the +Palatine was too deeply concerned in promoting those measures of which +they complained, to grant them any favourable answer. In Berkley county +the principal settlements were those of Sir Nathanial Johnson, Governor +Moore, Landgraves West, Smith, Bayley, and Daniel; together with those +belonging to Godfrey, Mathews, Izard, Colleton, Grimball, _&c._; several +of whom were also dissatisfied with the public proceedings. But Craven +county being composed of French refugees, who having little knowledge of +the English language, were easily managed; many of whom supported the +governor purely out of affection to the Proprietors. In short, the house +consisted of thirty members, one half of whom were elected from the dregs +of the people, utter strangers to public affairs, and in every respect +unqualified for fitting as provincial legislators. + + [Sidenote] Proposes an expedition against Augustine. + +In the mean time, a rupture rook place in Europe between England and +Spain, which turned the attention of the colony to a different object, +and afforded Governor Moore an opportunity of exercising his military +talents, and a new prospect of enriching himself by Spanish plunder or +Indian captives. Accordingly, instead of private disputes among +themselves, he proposed to the assembly an expedition against the Spanish +settlement at Augustine. Many of the people, from mercenary motives, +applauded the proposal; however, men of cool reflection, having yet had +no intelligence of the declaration of war were averse from rushing into +any hazardous enterprize, until they had certain advice of it from +England. As the expedition was projected, contrary to the opinion and +inclination of many Carolineans, without any recent provocation from the +Spanish garrison; it is probable that the governor engaged in it chiefly +from views of private emolument. Florida, he assured the people would be +an easy conquest; and treasures of gold and silver were held out to them +as the rewards of valour. In vain did some members of the assembly oppose +it, by representing the province as weak, and ill provided for warlike +enterprises, and by hinting at the many hazards and difficulties always +attending them; in vain did they urge the strength of the Spanish fort, +and the expenses incurred by a fruitless and perhaps bloody expedition: +such men were called enemies and traitors to their country, and +represented as timid and pusillanimous wretches, who were utter strangers +to great and glorious undertakings. Accordingly, a great majority of the +assembly declared for the expedition, and a sum of two thousand pounds +sterling was voted for the service of the war. Six hundred Indians were +engaged, who, being fond of warlike exploits, gladly accepted of arms and +ammunition offered them for their aid and assistance. Six hundred +provincial militia were raised, and schooners and merchant ships were +impressed, for transports to carry the forces. Port-Royal was fixed upon +as the place of general rendezvous, and there, in September 1702, the +governor at the head of his warriors, embarked in an expedition equally +rash and fool-hardy on one side, as it was well known and unprovoked on +the other. + + [Sidenote] Which proves abortive. + +While these preparations were going on in Carolina, the Spaniards, +apprised of the governor's design, were making ready for their defence. +In the plan of operations it had been agreed, that Colonel Daniel, who +was an officer of spirit, should go by the inland passage with a party of +militia and Indians, and make a descent on the town from the land, while +the governor with the main body should proceed by sea, and block up the +harbour. Colonel Daniel lost no time, but advanced against the town, +entered and plundered it before the governor got forward to his +assistance. But the Spaniards having laid up provisions for four months +in the castle, on his approach retired to it with all their money and +most valuable effects. Upon the arrival of Governor Moore, the place was +invested with a force against which the Spaniards could not appear, and +therefore kept themselves shut up in their strong hold. The governor +finding it impossible to dislodge them without such artillery as are +necessary to a siege, dispatched a sloop to Jamaica, on purpose to bring +cannon, bombs, and mortars, for attacking the castle; and Colonel Daniel +embarked and sailed with the greatest expedition to bring them. During +his absence two Spanish ships, the one of 22 guns and the other of 16, +appearing off the mouth of the harbour, struck such a panic into the +governor, that he instantly raised the siege, abandoned his ships, and +made a precipitate retreat to Carolina by land. In consequence of which +the Spaniards in the garrison were not only relieved, but the ships, +provisions, and ammunition, belonging to the Carolineans, fell also into +their hands. Colonel Daniel, on his return, standing in for the harbour +of Augustine, found to his surprise the siege raised, and made a narrow +escape from the enemy. + +Military expeditions rashly undertaken, conducted by a headstrong and +unexperienced officer, and executed by raw and ill-disciplined troops, +seldom succeed. We are not able to account for the governor's conduct. In +raising this siege, after he had been a month in possession of the town, +unless he was in immediate want of provisions or ammunition, or his men, +having little confidence in his abilities, threatened to desert him: for +if the Spanish ships drew more than ten feet water, which it is probable +they must have done, they could not come over the bar to injure him: if +they landed their men, yet still his force was superior to that of the +enemy, and he might at least have risked a battle on such grounds, before +he made an inglorious retreat. The Indians were averse from leaving the +field, without scalps, plunder, or glory. It is true, the Spanish ships +of war might have prevented Colonel Daniel from getting into the harbour +with the supply of military stores, yet the coast was large, and afforded +many more places for landing them. The governor had Indians to hunt for +provisions to his men, and it was by no means impossible to have starved +the garrison, and compelled them to surrender. What then shall we think +of a commander, who, on the first appearance of a little danger, abandons +his station, however advantageous, and tamely yields up, not only the +town, but also his own ships and provisions to the enemy? + + [Sidenote] The first paper currency made. + +Upon his return to Carolina many severe reflections were thrown out +against him, as might naturally have been expected; but especially by +that party who opposed the enterprise. It is true, it proved not a bloody +expedition, the governor having lost no more than two men in it; yet it +entailed a debt of six thousand pounds sterling on a poor colony, which, +at that period, was a grievous burden. The provincial assembly, who, +during the absence of the governor had been under prorogation, now met, +to concert ways and means for discharging this public debt. Great +dissensions and confusion prevailed among them; but the governor, having +a number of men under arms to whom the country stood indebted, despised +all opposition, and silenced the malecontents by threats and compulsion. +A bill was brought into the assembly for stamping bills of credit, to +answer the public expence, which were to be sunk in three years by a duty +laid upon liquors, skins, and furs. In this measure all parties +acquiesced, as it fell easy on private persons, at the same time that it +satisfied the public creditors. This was the first paper money issued in +Carolina, and, for five or six years after the emission, it passed in the +country at the same value and rate with the sterling money of England. +How, in process of time, it increased in quantity and sunk in value; how +it was deemed useful by debtors and prejudicial by creditors, we shall +afterwards have occasion more particularly to demonstrate. At present it +may suffice to observe, that it was absolutely necessary to support the +public credit, and the most practicable method the colony had of +defraying the expences incurred by the unsuccessful expedition. + + [Sidenote] The expedition against the Appalachian Indians. + +Notwithstanding his past misfortunes, Governor Moore, fond of warlike +exploits, had still in view the striking some blow that might distinguish +his administration. The Appalachian Indians, by their connection with the +Spaniards, had become insolent and troublesome. Mr. Moore determined to +chastise them, and for this purpose marched at the head of a body of +white men and Indian allies, into the heart of their settlements. +Where-ever he went he carried fire and sword along with him, and struck a +terror into his enemies. The towns of those tribes who lived between the +rivers Alatamaha and Savanna he laid in ashes, captivated many savages, +and obliged others to submit to the English government. This exertion of +power in that quarter was attended with good effects, as it filled the +savages with terror of the British arms, and helped to pave the way for +the English colony afterwards planted between these rivers. The governor +received the thanks of the Proprietors for his patriotism and courage, +who acknowledged that the success of his arms had gained their province a +reputation; but, what was of greater consequence to him, he wiped off the +ignominy of the Augustine expedition, and procured a number of Indian +slaves, whom he employed to cultivate his fields, or sold for his own +profit and advantage. + + [Sidenote] The culture of silk. + +About this time Sir Nathaniel Johnson introduced the raising of silk into +the country, which is an article of commerce exceedingly profitable, and, +by proper encouragement, might have been made very beneficial both to the +colony and the mother country. Mulberry trees grew spontaneously in the +woods, and thrived as well as other natural productions. The great demand +for silk in Britain made it an object of the highest consequence. About +the beginning of March the worms are hatched from the eggs; nature having +wisely so ordered it, that the silk-worms should come into life at the +time mulberry leaves, on which they feed, begin to open. The feeding and +cleaning them required rather skill than strength. Young persons might +have been employed in furnishing leaves; one man of judgment and skill +might have attended a large house full of worms; and in six weeks their +whole operations are over. An article so profitable, and so easily +raised, ought to have engaged the attention of the Proprietors, and +induced them to give premiums to such men as should bring to market the +greatest quantities of it. Men of knowledge and skill from Europe ought +to have been hired and sent out by them, for instructing the colonists in +the management of the worms and winding of the silk. Where the climate +was so well adapted to the purpose, could any article of improvement be +conceived more likely to reward them for their expence? However, Sir +Nathaniel Johnson, after all his pains, rather shewed what might have +been done towards the culture of silk in that province, than made such +progress in it as to render the commodity of national advantage. + + [Sidenote] And of cotton. + +To the culture of cotton the climate and soil were equally favourable. It +might have been planted on lands newly cleared, or on light and sandy +grounds, such as the maritime parts of Carolina, which are by no means +unsuitable to the production. The seeds are commonly sown about two feet +and a half asunder, and grow up like other plants. Indeed the fields +require to be kept clean, and the fresh earth carefully thrown around the +plant, to defend it against the winds; but this is no difficult task, and +might be performed by hands incapable of more severe labour. When the +pods burst, cotton is gathered, and separated from the seeds; which is +the most tedious and troublesome part of the business requisite. This +article also, though not of importance enough to have engrossed the whole +attention of the colonists, might nevertheless, in conjunction with other +staples, have been rendered profitable and useful. + + [Sidenote] Rice fixed on by the planters as a staple commodity. + +Instead of these and several other articles, to which the views of the +planters in the weaker and earlier state of the colony ought to have been +turned in some degree, we find from this period the culture of rice +engrossing their whole strength and attention, This commodity being an +article of provision, was indeed likely always to find a good market; yet +it was scarcely possible to have fixed on a staple which required more +severe labour during the whole process of its preparation. The warm +climate and low lands were doubtless well adapted to the nature of the +grain, after experience had taught the husbandman to clear and cultivate +the swampy grounds for that purpose: yet it is certain that the planters +long went on with this article, and exhausted their strength in raising +it on higher lands, which poorly rewarded them for their toil. After +clearing the lands they commonly plant it in furrows made with a hoe, +about eighteen inches asunder. When the seed is sown the fields must be +carefully kept clear of noxious weeds, which retard its growth, and the +earth must also be laid up to the root of the rice, to facilitate its +progress. No work can be imagined more pernicious to health, than for men +to stand in water mid leg high, and often above it, planting and weeding +rice; while the scorching heat of the sun renders the air they breathe +ten or twenty degrees hotter than the human blood, and the putrid and +unwholesome effluvia from an oozy bottom and stagnated water poison the +atmosphere. They sow it in April, or early in May, and reap in the latter +end of August, or in the month of September. After which it is dried and +carried to the barn-yard, and built in stacks, in like manner as the corn +in Europe. After this it is threshed, winnowed, and ground in mills made +of wood, to free the rice from the husk. Then it is winnowed again, and +put into a wooden mortar, and beat with large wooden pestles, which +labour is so oppressive and hard, that the firmest nerves and most +vigorous constitutions sink under it. To free it from the dust and flour +occasioned by pounding, it is sifted first through one sieve, and then, +to separate the small and broken rice from the large, through another. +Last of all, it is put into large barrels of enormous weight, and carried +to the market. During the whole tedious process of its preparation, much +care and great strength are requisite, and many thousands of lives from +Africa have been sacrificed, in order to furnish the world with this +commodity. + + + + +CHAP. IV. + + +After the death of King William, which happened on the 8th of March 1702, +agreeable to the act made for settling the succession, the crown devolved +on Anne Stewart, the youngest daughter of King James II. by his first +marriage. At her accession to the throne, though in reality she was no +friend to the Whig party, she declared that she would make the late +king's conduct the model of her own, and maintain the succession to the +crown in the Protestant line. The first object of her reign was to humble +the pride of France, the power of which nation had at that time grown to +such an exorbitant height, as to endanger the liberties of Europe. Lewis +XIV. had such influence with the Spanish nation, as to persuade them to +join him in proclaiming the pretended Prince of Wales king of Great +Britain and Ireland. He had also made many encroachments on the freedom +of English commerce and navigation. The indignity offered to her crown +Queen Anne determined to resent, and therefore, on the 4th of May, +declared war against France and Spain, which, for many years, she carried +on with amazing vigour and success. + +About this juncture Sir Nathaniel Johnson received a commission from John +Lord Granville, investing him with the government of Carolina, to which +office a salary of two hundred pounds was annexed, to be paid annually by +the Receiver-general of the colony. This gentleman had not only been bred +a soldier from his youth, but had been also a member of the house of +commons, and was well qualified for the trust. But it being suspected +that he was no friend to the Revolution, the Proprietors could not obtain +her majesty's approbation of him, but on the following terms: That he +qualify himself for the office in such a manner as the laws of England +required; that he give security for his observing the laws of trade and +navigation, and obey such instructions as should be sent out from time to +time by her majesty; and the Lords Commissioners of trade and plantations +were ordered to take care that good and sufficient security be given by +him. + + [Sidenote] His instructions. + +With respect to his own conduct in the government of the colony, he had +instructions from the Proprietors to follow such rules as had been given +to former governors, in the fundamental constitutions and temporary laws +entered upon record, and to be guided by the same as far as in his +judgment he might think fit and expedient. He was required, with the +advice and assistance of his council, carefully to review the +constitutions, and such of them as he should think necessary to the +better establishment of government, and calculated for the good of the +people, he was ordered to lay before the assembly for their concurrence +and assent. He was to use his endeavors to dispose of their lands; but to +take nothing less than twenty pounds for a thousand acres; and, in all +future grants to make them escheat to the Proprietors, unless a +settlement be made on them within the space of four years. He was to take +special care that the Indians be not abused or insulted, and to study the +properest methods of civilizing them, and creating a firm friendship with +them, in order to protect the colony against the Spaniards in the +neighbourhood. He was to transmit to England exact copies of all laws +passed, accounts of the lands sold, and of all annual-rents paid, _&c._ +These, and such other regulations as he might judge essential to the +welfare of the country, and the interest of the Proprietors, he had +particular injunctions to study and adopt. + + [Sidenote] He endeavors to establish the church of England. + +I have already observed, that the colony was in a deplorable state with +respect to religion. The first emigrants from England, where public +worship was countenanced, and had the sanction of the civil authority, +retained indeed for a little time some sense of religion, and showed some +respect for the ordinances of the gospel: but their children, born in a +wilderness, where there was not so much as even the semblance of public +worship, were likely to grow up in ignorance, and to live entirely void +of all sense of religion. Proprietors were either unable to furnish them +with the proper means of instruction, or they were unwilling to bear the +expence of it, having as yet received little recompence for the past +charges of the settlement. Not only the emigrants from England, but also +those from France and Holland, were much divided in their private +opinions with respect to modes of religious worship; and for this reason +all governors, excepting the last, had prudently deferred meddling in a +matter which would occasion uneasiness and confusion among the settlers. +Still, however, the establishment of the church of England in Carolina +was the chief object in view with the Proprietors. The Palatine was a +bigoted zealot for this mode of ecclesiastical worship and government: +the governor was strongly attached to it. James Moore, who was made +Receiver-general, and Nicholas Trott the Attorney-general, were also men +of the same complexion. These men, assisted by a majority of the council, +now began to concert measures with art and skill, and to pursue them with +firmness and resolution, for accomplishing this end, and gratifying the +earnest desire of the Palatine. + + [Sidenote] Pursues violent measures for that purpose. + +It was not, however, without some difficulty and considerable struggles, +that the keen opposition raised by Dissenters, who now plainly perceived +their design, and who had an irreconcilable aversion from Episcopacy, +could be overcome. This the governor and his party foresaw, and therefore +it became necessary first to exert themselves to secure a majority in the +assembly in favour of the measure they had in view. Hitherto the riotous +proceedings at the former election had been overlooked, and the rioters, +by the countenance and protection of the preceding governor had escaped +prosecution. The grand jury presented this neglect as a grievance to the +court; but the judge told them, "That was a matter which lay before the +governor and council, his superiors." When the complaint was made to the +governor in council, he replied, "That these irregularities happened +before his appointment to the government, but that he would take care to +prevent them for the time to come." Notwithstanding this declaration, if +we may believe the Dissenters, at the following election still greater +irregularities prevailed. By the same undue influence and violence the +governor and his adherents gained their point, and secured a majority in +the house; for that a species of corruption had now infected the great +fountain of liberty, the election of representatives. + +It would appear that some of the colonists at this period had +distinguished themselves by loose principles and licentious language, and +had treated some of the fundamental doctrines of the Christian religion +with the ridicule and contempt of professed infidelity. To bring an odium +upon this class of Dissenters, and to discourage such licentious +practices, a bill was brought into the new assembly for the suppression +of blasphemy and profaneness; by which bill, whoever should be convicted +of having spoken or written any thing against the Trinity, or the divine +authority of the Old or New Testament, by the oath of two or more +credible witnesses, were to be made incapable, and disabled in law to all +intents and purposes, of being members of assembly, or of holding any +office of profit, civil or military, within the province: and whoever +should be convicted of such crimes a second time, were also to be +disabled from suing or bringing any action of information in any court of +law or equity, from being guardian to any child, executor or +administrator to any person; and without fail suffer imprisonment for +three years. Which law, notwithstanding its fine gloss, savoured not a +little of an inquisition, and introduced a species of persecution ill +calculated to answer the end for which it was intended. To punish men +guilty of blasphemy and profaneness in this way, instead of bringing +their atrocious crimes into public disrepute and abhorrence, served +rather to render their persons objects of compassion, and induce men to +pity them on account of their sufferings. Bad as the world is, these +wicked practices seldom miss their deserved rewards, public ignominy and +detestation, which perhaps would fall heavier on such wretches without +penal laws than with them. + + [Sidenote] The church of England established by law. + +However, had Sir Nathaniel Johnson stopt here, many reasons might have +been urged in his vindication; but he had other measures in view, much +more unpopular and oppressive. He looked upon Dissenters of every +denomination as enemies to the constitutions of both church and state, +and therefore, to subvert their power and influence, or compel them to +uniformity of sentiment, another bill was brought into the assembly, +framed in such a manner as to exclude them entirely from the house of +representatives. This bill required every man who should hereafter be +chosen a member of assembly, to take the oaths and subscribe the +declaration appointed by it, to conform to the religion and worship of +the church of England, and to receive the sacrament of our Lord's Supper, +according to the rites and usage of that church; a qualification which +Dissenters considered as having a manifest tendency to rob them of all +their civil rights or religious liberties. To carry this bill through the +house, all the art and influence of the governor and his party were +requisite. In the lower house it passed by a majority of one vote, and in +the upper house Landgrave Joseph Morton was refused liberty to enter his +protest against it. At this juncture no bill could have been framed more +inconsistent with the rights and privileges of the freemen, and more +pernicious to the interest and prosperity of the country. Dissenters, who +were a numerous and powerful body of the people, were highly offended, +and raised a great outcry against it. Seeing themselves reduced to the +necessity of receiving laws from men whose principles of civil and +ecclesiastical government they abhorred, and subjected to greater +hardships than they suffered in England, many had formed resolutions of +abandoning the colony. Loud clamours were not only heard without doors, +but jealousies and discontent filled the hearts of many within them, not +of Dissenters only, but also of those who adhered to the church. + + [Sidenote] The inhabitants of Colleton county remonstrate against it. + +In this distracted state of the colony, the inhabitants of Colleton +county, composed chiefly of Dissenters, met and drew up a state of their +grievous circumstances, which they resolved to transmit to the +Proprietors, praying their Lordships to repeal this oppressive act. John +Ash, one of the most zealous men in the opposition, agreed to embark for +England as agent for the aggrieved party, computed to be at least two +thirds of the whole inhabitants of the colony. The governor and his +friends, apprized of this design, used all possible means to prevent him +from obtaining a passage in any ship belonging to Carolina. Upon which +Ash went to Virginia, to which province his instructions were conveyed to +him, and from thence he set sail for England. + +After his arrival he waited on Lord Granville, the Palatine, acquainting +him with the design of his message; but met with a very cold reception. +That nobleman was too deeply concerned in bringing about that +establishment against which Ash came to complain, favourably to listen to +his representations. Accordingly, after staying some time in London, and +giving the Proprietors all the information in his power relating to +public affairs, the only satisfaction he could obtain from the Palatine +was this, that he should cause his secretary write to the governor an +account of the grievances and hardships of which Mr. Ash complained, and +require an answer from him with respect to them. Mr. Ash, observing how +the Palatine stood affected, and despairing of success, immediately began +to draw up a representation of their case, which he intended for the +press: but before he had finished it he was taken sick, and died; and his +papers fell into his enemies hands. He was a man of a warm and passionate +temper, and possessed of all those violent sentiments which ill usage, +disappointment, and oppression, naturally kindle in the human breast. His +representation, intended as an appeal to the nation in general, for the +sufferings of the people under the tyrannical proprietary government, was +full of heavy charges against the governor and his party in Carolina, and +bitter reflections on their conduct, which he considered as in the +highest degree injurious to the colony. + +Without doubt the Lords Proprietors planned this establishment with a +view to the peaceful influence it would have upon the civil government of +the country, as the preamble to the act expressly indicates. Their feeble +and fluctating state required the assistance and authority of an +established church, and the sanction of religion, to give it more weight +and influence with the people. How far the measures adopted served to +promote the desired end, and were consistent with prudence and good +policy, will afterwards more clearly appear. + + [Sidenote] Lay commissioners appointed. + [Sidenote] The acts ratified by the Proprietors. + +Sir Nathaniel Johnson having advanced so far, was determined to proceed +in spite of every obstacle thrown in his way. He instituted what the +inhabitants of Carolina took to be a high-commission court, like that of +King James the second. It was enacted, that twenty lay-persons be +constituted a corporation for the exercise of ecclesiastical +jurisdiction, with full power to deprive ministers of their livings at +pleasure, not for immorality only, but also for imprudence, or on account +of unreasonable prejudices taken against them. In vain did many persons +complain of this institution, as tearing the ecclesiastical jurisdiction +out of the hands of the bishop of London, in whose diocese the whole +British colonies in America were included. The governor, bent on carrying +into execution the favourite plan of the Palatine, paid little regard to +the uneasy apprehensions of the people. According to the act for erecting +churches, the colony is divided into ten parishes; seven in Berkeley, two +in Colleton, and one in Craven counties. Money is provided for building +churches; lands are granted for glebes and church-yards; and salaries for +the different rectors are fixed and appointed, payable from the +provincial treasury. When these bills were transmitted to England, to be +ratified and confirmed by the Proprietors, John Archdale opposed them, +and insisted, that the Dissenters of Carolina had not yet forgot the +hardships they suffered in England from acts of uniformity; that the +right of private judgment in religious matters was the birth-right of +every man; that undisturbed liberty of conscience was allowed to every +inhabitant of Carolina by the charter; that acts of conformity, with +penalties annexed to them, have in general proved destructive to the +cause they were intended to promote, and were utterly inconsistent with +Protestant principles; and therefore that these bills, so unpopular and +oppressive in Carolina, ought to be repealed, as contrary to sound policy +and religious freedom. The majority of the Proprietors, however, did not +view them in this light, and the debate ran high between them. At length +the Palatine, equally tyrannical as bigotted put an end to the dispute, +by telling Mr. Archdale: "Sir, you are of one opinion, I am of another; +our lives may not be long enough to end the controversy. I am for the +bills, and that is the party that I will head and support." In +consequence of which the acts were ratified by four Proprietors, and the +following letter was sent to Sir Nathaniel Johnson. "Sir, the great and +pious work which you have gone through with such unwearied and steady +zeal, for the honour and worship of Almighty God, we have also finally +perfected on our part; and our ratification of that act for erecting +churches, _&c._ together with duplicates of all other dispatches, we +have forwarded to you by Captain Flavel." + + [Sidenote] The petition of Dissenters to the House of Lords. + +The Episcopal party having now got their favourite form of divine worship +established by law in Carolina, began to erect churches in such +situations as were most centrical and convenient for the settlers; and, +to supply them with clergymen, application was made to the society in +England for the propagation of the Gospel. The Dissenters, despairing of +all hopes of redress from the Proprietors, became greatly discouraged, +and could not brook the thoughts of being again subjected to the same +troubles and miseries which had compelled them to leave their native +country. Some were for transporting their families and effects +immediately to Pennsylvania, in order to sit down under Penn's free and +indulgent government; others proposed an application to the House of +Lords in England, praying that august body to commiserate their distress, +and intercede with her Majesty for their relief. For this purpose a +petition was drawn up, and carried over by Joseph Boone to England. +Several merchants in London, after Boone's arrival, being convinced of +the illegal means by which those grievous acts were brought to pass, and +of their pernicious consequence to trade, joined the petitioners. +Accordingly, about the beginning of the year 1706, the following petition +was presented to the House of Lords: setting forth, "That when the +province of Carolina was granted to the Proprietors, for the better +peopling of it, express provision was made in the charter for a +toleration and indulgence of all Christians in the free exercise of their +religion; that, in the fundamental constitutions, agreed to be the form +of government by the Proprietors, there was also express provision made, +that no person should be disturbed for any speculative opinion in +religion, and that no person should, on account of religion, be excluded +from being a member of the General Assembly, or from any other office in +the civil administration: That the said charter, being given soon after +the happy restoration of King Charles II. and re-establishment of the +church of England by the Act of Uniformity, many of the subjects of the +kingdom who were so unhappy as to have some scruples about conforming to +the rites of the said church, did transplant themselves and families into +Carolina; by means whereof the greatest part of the inhabitants there +were Protestant Dissenters from the church of England, and through the +equality and freedom of the said fundamental constitutions, all the +inhabitants of the colony lived in peace, and even the ministers of the +church of England had support from Protestant Dissenters, and the number +of inhabitants and the trade of the colony daily increased, to the great +improvement of her majesty's customs, and the manifest advantage of the +merchants and manufacturers of the kingdom. + +"But that, in the year 1703, when a new assembly was to be chosen, which, +by the constitution, is chosen once in two years, the election was +managed with very great partiality and injustice, and all sorts of +people, even aliens, Jews, servants, common sailors and negroes, were +admitted to vote at elections: That, in the said assembly, an act was +passed to incapacitate every person from being a member of any General +Assembly that should be chosen for the time to come, unless he had taken +the sacrament of the Lord's Supper according to the rites of the church +of England; whereby all Protestant Dissenters are made incapable of being +in the said assembly; and yet, by the same act, all persons who shall +take an oath that they have not received the sacrament in any dissenting +congregation for one year past, though they have not received it in the +church of England, are made capable of fitting in the said assembly: That +this act was passed in an illegal manner, by the governor calling the +assembly to meet the 26th of April, when it then stood prorogued to the +10th of May following: That it hath been ratified by the Lords +Proprietors in England, who refused to hear what could be offered against +it, and contrary to the petition of one hundred and seventy of the chief +inhabitants of the colony, and of several eminent merchants trading +hither, though the commons of the same assembly quickly after passed +another bill to repeal it, which the upper house rejected, and the +governor dissolved the house. + +"That the ecclesiastical government of the colony is under the bishop of +London; but the governor and his adherents have at last done what the +latter often threatened to do, totally abolished it; for the same +assembly have passed an act, whereby twenty lay-persons, therein named, +are made a corporation for the exercise of several exorbitant powers, to +the great injury and oppression of the people in general, and for the +exercise of all ecclesiastical jurisdiction, with absolute power to +deprive any minister of the church of England of his benefice, not only +for immorality but even for imprudence, or incurable prejudices between +such minister and his parish; and the only minister of the church +established in the colony, Mr. Edward Marston, hath already been cited +before their board, which the inhabitants of the province take to be an +high ecclesiastical commission-court, destructive to the very being and +essence of the church of England, and to be held in the utmost +detestation and abhorrence by every man that is not an enemy to our +constitution in church and state. + +"That the said grievances daily increasing, your petitioner Joseph Boone +is now sent by many principal inhabitants and traders of the colony, to +represent the languishing and dangerous situation of it to the Lords +Proprietors; but his application to them has hitherto had no effect: That +the ruin of the colony would be to the great disadvantage of the trade of +this kingdom, to the apparent prejudice of her Majesty's customs, and the +great benefit of the French, who watch all opportunities to improve their +own settlements in those parts of America." + + [Sidenote] Resolutions of the House of Lords. + +After reading this petition in the house of Lords, the Palatine desired +to be heard by his council, which was granted, and the further +consideration of the matter was postponed for one week. Then having heard +what Lord Granville had to offer in his behalf, the Lords agreed to +address her Majesty in favour of the distressed petitioners of Carolina. +They declared, that, after having fully and maturely weighed the nature +of the two acts passed in Carolina, they found themselves obliged in duty +to her Majesty, and in justice to her subjects, (who, by the express +words of the charter, were declared to be the liege people of the crown +of England, and to have a right to all the liberties, franchises, and +privileges of Englishmen), to come to the following resolutions: "First, +That it is the opinion of this house, that the act of assembly in +Carolina, lately passed there, signed and sealed by John Lord Granville, +for himself, Lord Carteret and Lord Craven, and by Sir John Colleton, +four of the Proprietors of that province, in order to the ratifying of +it, entitled, An Act for the Establishment of Religious Worship in the +Province according to the Church of England, _&c._ so far forth as the +same relates to the establishing a commission for the displacing of +rectors and ministers of the churches there, is not warranted by the +charter granted to the Proprietors, as being not consonant to reason, +repugnant to the laws of the realm, and destructive to the constitution +of the church of England. Secondly, That it is the opinion of this house, +that the act of assembly in Carolina, entitled, An Act for the more +effectual Preservation of the Government of the Province, by requiring +all persons that shall hereafter be chosen members of the Commons House +of Assembly, and sit in the same, to take the oaths and subscribe the +declaration appointed by this act, and to conform to the religious +worship in this province according to the Church of England, and to +receive the Sacrament of the Lord's Supper according to the rites and +usage of the said church, _&c._ is founded on falsity in matter of fact, +is repugnant to the laws of England, contrary to the charter of the +Proprietors, is an encouragement to atheism and irreligion, destructive +to trade, and tends to the depopulation and ruin of the Province". + + [Sidenote] Their address to the Queen. + +After which resolutions the house addressed her Majesty in the following +words: "We your Majesty's dutiful subjects, having thus humbly presented +our opinion of these acts, we beseech your Majesty to use the most +effectual methods to deliver the said province from the arbitrary +oppressions under which it now lies, and to order the authors thereof to +be prosecuted according to law; at the same time we represent to your +Majesty, how much the powers given by the crown have been abused by some +of your subjects, justice requires us to acquaint your Majesty, that some +of the Proprietors absolutely refused to join in the ratification of +these acts. We humbly beg permission to inform your Majesty, that other +great injustices and oppressions are complained of in the petition; but +the nature of the fact requiring a long examination, it was not possible +for the house to find time for, so near the conclusion of the session; +and therefore we presume with all duty to lay the petition itself before +your Majesty, at the same time we present our address. We cannot doubt +but your Majesty, who from the beginning of your reign has shewn to great +a concern and tenderness for all your subjects, will extend your +compassion for those distressed people, who have the misfortune to be at +so great a distance from your royal person, and not so immediately under +your gentle administration. Your Majesty is fully sensible of what great +consequence the plantations are to the crown of England, and to the trade +of your subjects, and therefore we rest assured, that as your Majesty +will have them all under your royal care, so, in particular, you will be +graciously pleased to find out and prosecute the most effectual means for +the relief of the province of Carolina." + + [Sidenote] The Queen's answer. + +To which address Queen Anne returned the following answer: "I thank the +house for laying these matters so plainly before me: I am sensible of +what great consequence the plantations are to England, and will do all in +my power to relieve my subjects in Carolina, and protect them in their +just rights." But as it likewise appeared that some of the Proprietors +themselves had refused to approve of the acts, the matter was farther +referred to the Lords of trade and plantations; who, after examination, +found that all the charges brought against the provincial government and +the Proprietors were well grounded; and represented farther to her +Majesty, that the making of such laws was an abuse of the powers granted +to the Proprietors by the charter, and will be a forfeiture of it, and +humbly begged that she would be pleased to give directions for reassuming +the same into her Majesty's hands, by a _scire facias_ in the court of +Queen's Bench. The Queen approved of their representation, and after +declaring the laws null and void, for the effectual proceeding against +the charter by way of _quo warranto_, ordered her Attorney and +Solicitor-General to inform themselves fully concerning what may be most +effectual for accomplishing the same, that she might take the government +of the colony, so much abused by others, into her own hands, for the +better protection of her distressed subjects. Here, however, the matter +was dropt for the present, and no farther steps were taken against the +charter of the Proprietors, or for the relief of the people. + +In the mean time the distant colonists, though they had heard nothing of +what had passed in England relating to those grievous acts, became daily +more sensible of their oppressive nature and pernicious consequence. +Several settlers had left the country on account of them, and moved to +Pennsylvania. Archibald Stobo, a Presbyterian minister in Charlestown, +who had warmly opposed this establishment from the beginning, had also +convinced many who remained of the severities and hardships the +Dissenters in England had suffered from the rigors of the Episcopal +government. Several circumstances proved favourable to Stobo's +opposition; he possessed those talents which render a minister +conspicuous and respected, and the people that party-zeal which becomes +violent from ill usage and persecution. To his treasures of knowledge and +excellent capacity for instruction, he added uncommon activity and +diligence in the discharge of the various duties of his sacred function. +He had a natural aversion from the Episcopal jurisdiction, and no +minister of the colony had engrossed so universally the public favour and +esteem. The Governor and his adherents found it necessary to sow the +seeds of division among his followers, and, from maxims of policy, to +magnify his failings, in order to ruin his great power and influence. + +But the Presbyterian party were not the only malcontents during these +strange and unwarrantable proceedings of the legislature. Many wise and +religious men of all denominations condemned them, as grievous and +impolitical. They considered differences in religious opinion as improper +objects of temporal punishment, and that magistrates had no business with +them, unless they occasion danger and disturbance to the state. They +looked upon religion as a personal affair, which lies between God and a +man's conscience, and that it was the prerogative of the Supreme Being to +judge of men's hearts, as he alone was capable of forming a right +judgment. In such a case, doubtless every man had a right to judge and +chuse for himself, as he alone, and not the church, must at last be +accountable to God for the choice. In every country this is reasonable; +but in Protestant countries it is the fundamental principle on which they +ground their right of protesting against the rules and errors of any +particular church. For which reason judicious men in Carolina opposed the +acts of assembly, as unreasonable in themselves, repugnant to the +principles of Protestants, and robbing many of the colonists of their +most valuable privileges, for their difference in religious opinion. Even +the society for propagating the gospel disapproved of them, and, at a +meeting in St. Paul's Church, resolved not to send any missionaries to +Carolina, until the clause relating to lay-commissioners was annulled. So +that all impartial men, in some measure, condemned the acts, and seemed +to detest both the factious men who framed them, and the method by which +they had been promoted in the province. + + [Sidenote] A project formed for invading Carolina. + +At length from these domestic troubles the attention of the people was +drawn off, and turned towards a more important object, their common +defence against foreign enemies. The war between Great Britain and France +and Spain still raged in Europe. The Governor received advice of a +project framed for invading Carolina, and had instructions to put the +country in the best posture of defence. The Spaniards pretended a right +to it on the foot of prior discovery, considering it as a part of +Florida, and had now determined by force of arms to assert their right. +Sir Nathaniel Johnson, as a military commander, was well qualified for +his duty, and formed to shine in a more conspicuous manner in that line +than in any other. No sooner had he received intelligence of the designs +of his enemy, than he set all hands to work upon the fortifications, +appointed a number of gunners to each bastion, and held frequent musters +to train the men to the use of arms. A storehouse was prepared, and a +quantity of ammunition laid up in it, to be ready on the first emergency. +A small fort, called Fort Johnson, was erected on James's Island, and +several great guns mounted on it. Trenches were cast up on White Point, +and other places where they were thought necessary. A guard was stationed +on Sullivan's Island, with orders to kindle a number of fires opposite to +the town, equal to the number of ships they might spy on the coast. In +short, such prudent regulations were made, as to prevent any surprise +from an enemy, and at what time soever they might come, to give them as +warm a reception as possible. + +Few months had elapsed before they found the usefulness and necessity of +these wise precautions. Carolina was at this juncture the southern +frontier of the British empire in America. The colony, though it had +acquired some degree of strength, was yet in a feeble state to resist an +enemy of force and enterprize. From its situation there was reason to +apprehend that the French and Spaniards would attack it, as it would fall +an easier conquest than the more populous northern settlements. Before +this time a plan had been concerted at the Havanna for invading it. Mons. +le Feboure, captain of a French frigate, together with four more armed +sloops, encouraged and assisted by the Spanish governor of that island, +had already set sail for Charlestown. To facilitate the conquest of the +province, he had directions to touch at Augustine, and carry from thence +such a force as he judged adequate to the enterprize. Upon his arrival at +Augustine, he had intelligence of an epidemical distemper which raged at +Charlestown, and had swept off a vast number of inhabitants. This +animated him to proceed with greater expedition. Imagining the town to be +in a weak and defenceless state, and that the militia in the country +would be averse from coming nigh it through fear of the fatal infection, +he took on board a considerable number of forces at Augustine, and made +all the sail he could for Carolina. + + [Sidenote] A Spanish and French invasion. + +Before this time a Dutch privateer, formerly belonging to New-York, by +order of the governor of Carolina, had been refitted at Charlestown for +cruising on the coast. The command had been given to Captain Stool, who +was sent out on purpose to intercept the supplies regularly sent to +Augustine from the Havanna. After being out a few days he returned, and +brought advice of having engaged a French sloop off the bar of Augustine; +but upon seeing four ships more advancing to her assistance, he thought +proper to make all the sail he could for Charlestown, and that he +narrowly escaped falling into the enemy's hands. Scarcely had he +delivered the news, when five separate smokes appeared on Sullivan's +island, as a signal to the town that the same number of ships were +observed on the coast. + +Sir Nathaniel Johnson being at than time at his plantation, several miles +from town, Lieutenant Colonel William Rhett commanding officer of the +militia, immediately ordered the drums to beat, and the whole inhabitants +to be put under arms. A messenger was dispatched with the news to the +Governor, and letters to all the captains of the militia in the country, +to fire their alarm guns, raise their companies, and with all possible +expedition march to the assistance of the town. + +In the evening the enemy's fleet came the length of Charlestown bar; but +as the passage was intricate and dangerous to strangers, they did not +think it prudent to venture over it while the darkness of the night +approached, and therefore hovered on the coast all night within sight of +land. Early next morning the watchmen stationed on Sullivan's Island +observed them a little to the southward of the bar, manning their gallies +and boats, as if they intended to land on James's Island; but there +having come to an anchor, they employed their boats all that day in +sounding the south bar; which delay was of great service to the +Carolineans, as it afforded time for the militia in the country to march +to town. + +The same day Sir Nathaniel Johnson the governor came to Charlestown, and +found the inhabitants in great consternation; but he being a man of +courage, and skilled in the arts of war, his presence inspired them with +fresh confidence and resolution. He proclaimed the martial law at the +head of the militia, and gave the necessary orders: he sent to the Indian +tribes in alliance with the colony, and brought a number of them to his +assistance. As the contagious distemper still raged in Charlestown, the +Governor judged it imprudent to expose his men to the dangerous +infection, unless necessity required it, and therefore held his head +quarters about half a mile distant from town. In the evening a troop of +horse, commanded by Captain George Logan, and two companies of foot, +under the command of Major George Broughton, reached the capital, and +kept diligent watch during the night. The next morning a company from +James's Island, under the command of Captain Drake, another from Wando, +under Captain Fenwick, and five more commanded by Captains Cantey, Lynch, +Hearn, Longbois, and Seabrook, joined the militia of the town; so that +the whole force of the province, with the Governor at their head, was now +collected together in one place. + +The day following the enemy's four ships and a galley came over the bar, +with all their boats out for landing their men, and stood directly for +the town, having the advantages of a fair wind and strong tide. When they +had advanced so far up the river as to discover the fortifications, they +cast anchor a little above Sullivan's Island. The Governor, observing the +enemy approaching towards the town, marched his men into it to receive +them; but finding they had stopt by the way, he had time to call a +council of war, in which it was agreed to put some great guns on board of +such ships as were in the harbour, and employ the gallant sailors in +their own way, for the better defence of the town. William Rhett, a man +possessed of considerable conduct and spirit, received a commission to be +vice-admiral of this little fleet, and hoisted his flag on board of the +Crown galley. + +The enemy observing them employed in making all possible preparations for +resistance, sent up a flag of truce to the Governor, to summon him to +surrender. George Evans, who commanded Granville bastion, received their +messenger at his landing from the boat, and conducted him blindfolded +into the fort, until the Governor was in readiness to receive him. In the +mean time the Governor, having drawn up his men in such a manner as to +make them appear to the greatest advantage, received the French officer +at their head; and having first shown him one fort full of men, he then +conducted him by a different route to another, giving the same men time +to go by a shorter way, and be drawn up beforehand: and there, having +given him a view of his strength, he demanded the purport of his message. +The officer told him, that he was sent by Mons. le Feboure, admiral of +the French fleet, to demand a surrender of the town and country, and +their persons prisoners of war; and that his orders allowed him no more +than one hour for an answer. Governor Johnson replied, that there was no +occasion for one minute to answer that message: he told him, he held the +town and country for the Queen of England; that he could depend on his +men, who would sooner die than surrender themselves prisoners of war; +that he was resolved to defend the country to the last drop of his blood +against the boldest invader, and he might go when he pleased and acquaint +Mons. le Feboure with his resolution. + +The day following a party of the enemy went ashore on James's Island, and +burnt the houses on a plantation by the riverside. Another party, +consisting of an hundred and sixty men, landed on the opposite side of +the river, and burnt two vessels in Dearsby's Creek, and set fire to his +storehouse. Sir Nathaniel Johnson, from such beginnings perceiving that +they were determined to carry fire and sword wherever they went, doubled +his diligence for the defence of the town. He ordered Captain Drake and +his company, with a small party of Indians, to James's Island, to defend +their properties on that side. Drake marched against them, bur before he +could bring up his men, the Indians, whom he could keep under no control, +and who ran through the woods with their usual impetuosity, had driven +the invaders to their boats: Then advice was brought to town, that the +party who landed on Wando Neck had killed a number of hogs and cattle, +and were feasting on the plunder. To prevent their farther progress into +the country, and give them a check if possible, Captain Cantey, with an +hundred chosen men, was ordered to pass the river privately in the night, +and watch their motions. Before break of day the captain came up with +them, and finding them in a state of security, with fires lighted around +them, surrounded and surprised them with a sharp fire from every quarter; +in consequence of which, they were put in confusion and fled, and a +considerable part being killed, wounded, and drowned, the remainder +surrendered prisoners of war. + +Having by this blow considerably weakened the force of the enemy, and +being encouraged and animated by their success at land, the Carolineans +determined also to try their fortune by sea. Accordingly William Rhett +set sail with his fleet of six small ships, and proceeded down the river +to the place where the enemy rode at anchor; but the French perceiving +this fleet standing towards them, in great haste weighed anchor and +sailed over the bar. For some days nothing more was heard of them; but, +to make sure, the Governor ordered Captain Watson of the Sea-Flower out +to sea to examine whether or not the coast was clear. The captain +returned without seeing the enemy, but observing some men on shore whom +they had left behind, he took them on board and brought them to town. +These men assured the Governor that the French were gone. In consequence +of which, orders were given for the martial law to cease, and the +inhabitants began to rejoice at their happy deliverance. + + [Sidenote] The invaders repulsed and defeated by the militia. + +However, before night, certain advice was brought that a ship of force +was seen in Sewee Bay, and that a number of armed men had landed from her +at that place. Upon examination of the prisoners the Governor found that +the French expected a ship of war, with Mons. Arbuset their general and +about two hundred men more to their assistance. The Governor ordered +Captain Fenwick to pass the river, and march against them by land; while +Rhett, with the Dutch privateer and a Bermuda sloop armed, sailed round +by sea, with orders to meet him at Sewee Bay. Captain Fenwick came up +with the enemy, and briskly charged them, who, though advantageously +posted, after a few volleys gave way, and retreated to their ship; and +soon after Rhett coming to his assistance, the French ship struck without +firing a shot. Rhett, being obliged by contrary winds to remain all that +day in Sewee Bay, dispatched John Barnwell, a volunteer, to the Governor, +with an account of their success; and next morning, the wind changing, he +returned to Charlestown with his prize, and about ninety prisoners. + +Thus ended Mons. le Feboure's invasion of Carolina, little to his own +honour as a commander, or to the credit and courage of his men. It is +probable he expected to find the province in a weak and defenceless +situation, and that the Governor would instantly surrender on his +appearance before the town. But he was deceived, as many commanders have +been who entertain a despicable opinion of their enemy. The Governor was +a man of approved courage and conduct; the militia undertook the various +little enterprizes with the spirit of men who had not only the honour of +the province, but also their whole properties at stake, and amazing +success crowned their endeavours. Out of eight hundred men who came +against this little colony, near three hundred were killed and taken +prisoners; among the latter were Mons. Arbuset, their commander in chief +by land, with several sea officers, who together offered ten thousand +pieces of eight for their ransom. On the other hand, the loss sustained +by the provincial militia was incredibly small. The Governor publicly +thanked them for the unanimity and courage they had shown in repelling +the invaders: and received from the Proprietors soon after the following +letter. "We heartily congratulate you on your great and happy success +against the French and Spaniards; and for your eminent courage and +conduct in the defence and preservation of our province, we return you +our thanks, and assure you, that we shall always retain a just sense of +your merit, and will take all opportunities to reward your signal +services." + + [Sidenote] The union of England and Scotland. + +About this time the long-projected union between England and Scotland +took place in Britain, which was attended, as might have been expected, +with the most interesting and happy consequences to both kingdoms. God +and nature had joined the two together, and of course all differences and +divisions subsisting between them, while they acknowledged the same +sovereign, were impolitical and absurd. Unity of affection and interest +unquestionably constituted the strength of the island, and could alone +enable it to oppose foreign enemies with vigour and success. Among the +number of articles which composed this important and beneficial treaty, +it was agreed, "That all the subjects of the united kingdom of Great +Britain, should, from and after this union, have full freedom and +intercourse of trade and navigation to and from any port or place in the +said united kingdom, and the dominions and plantations thereunto +belonging; and that there should be a communication of all rights, +privileges and advantages which do or may belong to the subjects of +either kingdom, except where it is otherwise expressly agreed in these +articles." Unfortunately, however, two modes of religious worship were +established in the nation, which served to perpetuate differences among +the more stiff and rigid partizans of both the Episcopalian and +Presbyterian churches. A division in the ecclesiastical establishment was +as improper and unreasonable as a disunion in the nation. With respect to +the essential principles and doctrines of religion, they are the same in +both churches, and the difference between them lies in the modes of +worship and government, in usages, vestments, forms and ceremonies, +matters of little consequence with regard to religion. Both modes of +worship and government have their advantages and disadvantages, and had +delegates from both churches met at this juncture, and yielded a little +on both sides, for the sake of mutual harmony, and uniformity, such +compliance might have been attended with happy effects. But the +infelicity of the times, and narrow sentiments of the people, not +admitting of this expedient, it was agreed that the Episcopalian +government was only to extend to the colonies, and be considered as the +establishment in them. As the greatest part of emigrants to America +carried along with them prejudices against this establishment, and +discovered a tendency towards a republican form of church-government, it +is remarkable that this disaffection has continued, and in process of +time been acquiring strength, insomuch that the hands of government, +engaged in support of the established church, have often been weakened by +it, and rendered unable to answer the ends of their appointment. + + [Sidenote] Missionaries sent out by the society in England. + +About this time the society incorporated by King William, having received +large benefactions for the purpose of propagating the gospel, began to +exert themselves for sending over, and maintaining missionaries in the +plantations. As some colonies were totally destitute of the means of +instruction, and others ill provided with ministers, and unable to +support them, the society considered the British subjects as the primary +objects of their charity. To prevent the influence of Roman Catholic +missionaries among the heathens was a secondary end in view with this +charitable corporation, who were also to improve every favourable +opportunity for the instruction and conversion of negroes and Indians. +While a number of missionaries were ordained for the northern colonies, +Samuel Thomas was sent out to Carolina for the instruction of the +Yamassee Indians; and to supply the different parishes, several more +missionaries were on the passage to the province. The society had wrote +to Sir Nathaniel Johnson, expressing their zeal for the interest of +religion, and earnest desire for spreading the knowledge of the gospel +among the inhabitants of the British colonies, and their hopes of his +concurrence towards the accomplishment of their excellent design. Upon +the receipt of which the governor summoned a meeting of his council, and +sent an answer to the corporation in the following words: "We could not +omit this opportunity of testifying the grateful sense we have of your +most noble Christian charity to our poor infant church in this province, +expressed by the generous encouragement you have been pleased to give to +those who are coming missionaries, the account of which we have just now +received by our worthy friend and minister Mr. Thomas, who, to our great +satisfaction, is now arrived. The extraordinary hurry we are in, +occasioned by the late invasion attempted by the French and Spaniards, +from whom God hath miraculously delivered us, hath prevented our +receiving a particular account from Mr. Thomas of your bounty, and also +hath not given us leisure to view your missionaries instructions, either +in regard to what relates to them or to ourselves: but we shall take +speedy care to give them all due encouragement, and the venerable society +the utmost satisfaction. There is nothing so dear to us as our holy +religion, and the interest of the established church, in which we have +been happily educated; we therefore devoutly adore God's Providence in +bringing, and heartily thank your society in encouraging, so many +missionaries to come among us. We promise your honourable society, it +shall be our daily study to encourage their pious labours, to protect +their persons, to revere their authority, to improve by their ministerial +instructions, and, as soon as possible, to enlarge their annual salaries. +When we have placed your missionaries in their several parishes according +to your directions, and received from them an account of your noble +benefaction of books for each parish, we shall then write more particular +and full. In the mean time, we beg your honourable society to accept of +our hearty gratitude, and be assured of our sincere endeavour to concur +with you in the noble design of propagating Christ's holy religion." + +Soon after the missionaries arrived, and were settled in their respective +parishes, Edward Marston minister at Charlestown died, and Mr. Thomas, +whom the governor intended for his successor, did not long survive him: +in consequence of whose death, the governor and Council applied by +letters to the society, requesting farther supplies, particularly a +learned and prudent man to take the charge of the capital. The Archbishop +of Dublin recommended Gideon Johnston to them as a person for whose +sobriety, diligence, and ability, he dared to be answerable, and doubted +not but he would execute the duty required in such a manner as to merit +the approbation of every one with whom he should be concerned. +Accordingly, Mr. Johnston, being made commissary to the Bishop of London +for the province of Carolina, and having fifty pounds a-year settled on +him from the society, embarked for Charlestown. On his arrival he had +almost lost his life in going ashore: the ship in which he sailed being +obliged to come to an anchor off the bar to wait the return of the tide, +and Mr. Johnston, with several more passengers, being impatient to get to +land, went on board of the small boat to go up to the town; but a sudden +gust of wind arising, drove the boat upon a sand bank, where they lay two +days, almost perishing with hunger and thirst, when some persons +accidentally discovered and relieved them. + +Mr. Johnston was not the only person that shared of the charitable fund; +for five more ministers were settled in the country, to each of whom an +allowance of fifty pounds a-year, besides their provincial salary, was +given by this incorporated society. Two thousand volumes of books were +also sent to be distributed among the people, by these missionaries, for +their private use and instruction. Justice requires a relation of these +facts for the honour of that society, who supplied the province with +instructors at this early period, when it was poor in itself, and stood +so much in need of their generous assistance. As the church of England, +however, continued to be considered as the established religion of the +province; and as all the ministers sent out by this society were of that +persuasion, Dissenters, who in general are not the most charitable in +their judgments with regard to the conduct of their neighbours, and who +perhaps contributed, like many others, towards raising this fund, +concluded that the society had the propagation of Episcopacy more in +their eye than that of Christianity. But certainly it cannot be denied, +that the members of this corporation, who not only contributed largely, +but were also at such pains in collecting a fund for this laudable end, +were the proper judges in what manner it should be applied. Charity +obliges us to believe, that this society, whose design was so benevolent, +employed their money in such a way as they judged would be most agreeable +to the intentions of those who gave it, and most useful for the +instruction and happiness of their fellow creatures: yet mankind, in such +cases, are apt to be forward in advancing their opinions with regard to +the conduct of such public managers, and, as they stand affected +themselves, to praise or condemn them. + + [Sidenote] Lord Craven Palatine. + +About the close of the year 1707, Lord Granville the Palatine died; and +was succeeded in that high dignity by William Lord Craven. The death of +that nobleman, by whose instruction and encouragement the several violent +steps for the establishment and support of the church of England in +Carolina had been taken, was now likely to produce some change in the +future state of public affairs. Though the Governor and his friends still +maintained a majority in the house of assembly, yet, from the number and +temper of Dissenters, they were not without some suspicions of seeing the +fabric, which they had with such uncommon industry been erecting, totally +overturned. While many Episcopalians in England were terrified with the +prospects of danger to their church, the Carolineans took the alarm, and +passed an act for its security in that province. The preamble of this act +runs thus: "Whereas the church of England has of late been so happily +established among us, fearing that by the succession of a new Governor +this church may be either undermined or wholly subverted, to prevent +which calamity falling upon us, be it enacted, That this present assembly +shall continue to sit for two years, and for the time and term of +eighteen months after the change of government, whether by the death of +the present Governor, or the succession of another in his time." Whether +the church must not have been in great danger when men were obliged to +take such an extraordinary measure for its security, we leave it to the +world to judge. + + [Sidenote] Edward Tynte governor. + +About the end of the year 1708, Colonel Edward Tynte received a +commission from Lord Craven, investing him with the government of the +colony. About the same time Charles Craven, brother to the Palatine, was +made secretary to the province. During the time Sir Nathaniel Johnson had +governed the country, it had not only been threatened with a formidable +invasion, but also torn to pieces with factions and divisions, which had +much retarded its progress and improvement. Great confusion among the +people had been occasioned by the violent stretch of power in favour of +an ecclesiastical establishment. The new Palatine, sensible of those +things, instructed Governor Tynte to adopt such healing measures as would +be most conducive to the welfare of the settlement. Soon after his +arrival he received a letter from the Proprietors to the following +effect: "We hope by this time you have entered upon your government of +our province of Carolina, and therefore we earnestly require your +endeavours to reconcile the minds of the inhabitants to each other, that +the name of parties, if any yet remains among them, may be utterly +extinguished: for we can by no means doubt, but their unanimous +concurrence with our endeavours for their prosperity, will most +effectually render Carolina as flourishing a colony as any in America." +The late Palatine, from a mixture of spiritual and political pride, +despised all Dissenters, as the enemies of both the hierarchy and +monarchy, and believed the state could only be secure, while the civil +authority was lodged in the hands of high-church men. Lord Craven +possessed not the same proud and intolerant spirit, and thought those +Carolineans, who maintained liberty of conscience, merited greater +indulgences from them; and, though a friend to the church of England, he +always was doubtful whether the minds of the people were ripe for the +introduction of that establishment. He therefore urged lenity and +toleration, which in general have been productive of peace and union, +while rigour and persecution have seldom failed to excite discord and +promote superstition in every community. + + [Sidenote] The revenues of the colony. + +The expences incurred by the French invasion, though it terminated much +to the honour of the Carolineans, fell heavy on the colony, still in a +poor and languishing condition. No taxes as yet had been laid on real or +personal estates: the revenues of the colony were all raised by duties +laid on spirituous liquors, sugar, molasses, and a few other articles +imported; and on deer-skins and furs exported. The amount of these +several duties was applied towards defraying the charges of government, +such as raising and repairing fortifications, paying the Governor's +salary, maintaining garrisons, providing military stores, and salaries to +ten ministers of the church of England, and sinking bills of credit +stamped for answering the extraordinary expences of the province. Eight +thousand pounds had been issued for defraying the public expences +occasioned by the French invasion; and the act laying an imposition on +furs, skins, and liquors, was continued, for the purpose of cancelling +these bills of credit. From this time forward there was a gradual rise in +exchange and produce, owing, as many thought, to the emission and +establishment of paper currency in the province. Before this period, +French and Spanish gold and silver, brought into the country by pirates, +privateers, and the over-balance of trade with the West Indies, answered +all the purposes of internal commerce, and very little English coin was +circulating in the country. However, soon after this emission, fifty _per +cent_. advance was given by the merchants for what English money there +was; that is to say, for one hundred pounds English coin, they gave one +hundred and fifty pounds paper currency of Carolina. + + [Sidenote] The invasion of Canada. + +A bloody war still continued between England and France in Europe, and +the success which had attended an expedition against Acadia, had +encouraged the British administration to enter on bolder undertakings in +America. The French in Canada were numerous and strong, and Lord +Godolphin, convinced of the necessity of maintaining a superiority over +them, formed a design of attacking Quebec, and striking such a blow in +that quarter as might render his administration distinguished. He sent +for Sir Hovenden Walker, rear-admiral of the white, and after holding a +private consultation with him respecting the enterprize, immediately +began to make preparations for it. Six thousand men were drawn from the +army in Flanders, and the command of them was given to General Hill. +Eleven ships of the line, one frigate, and two bomb-ships, were fitted +out: transports were provided, on board of which the army embarked and +sailed for Boston in New England. They arrived there on the 24th of June +1711, but by no means met with that zeal and ardour for the expedition +among the people of New England that might have been expected, +considering its interesting consequence with respect to them. Colonel +Francis Nicolson, who had been successful in Acadia the year before, +hastened to Boston, and first used his utmost endeavours to forward the +expedition, and then marched by land, with a body of white men and +Indians, against Montreal. Before Sir Hovenden Walker had procured every +thing requisite to his expedition, the season of the year was too far +advanced. The navigation up the river St. Laurence was hazardous, and +none but unskilful pilots could be found. A sudden blow must necessarily +be struck, or otherwise, as the frosty season begins there so early, the +fleet might find it difficult to return down the river. When they set +sail, they had every thing to dread from their own ignorance and a +dangerous navigation. In proceeding up the river they found uncertain and +rapid currents, and met with dark and foggy weather: in consequence of +which eight transports ran upon a rock, and almost nine hundred men +perished. This unhappy accident cast a damp upon the spirits of the army, +and their plan was frustrated. In a council of war it was judged +imprudent and impracticable to carry large ships up such a river without +the most skilful pilots, and therefore they returned to New England. +General Francis Nicolson having heard of the miscarriage of the +expedition upon the river, retreated also from Lake George, and no more +attempts were made for many years against the French settlements in +Canada. + + [Sidenote] A French colony planted in Louisiana. + +In the year following the French planted a colony at the mouth of the +great river Mississippi. Lewis the XIVth thought proper to grant a +territory of vast extent in that quarter to Secretary Crozat, by which he +evidently encroached on lands belonging to the Proprietors of South +Carolina. Though the Carolineans had not a little to fear from a +settlement in such a situation, yet Crozat was allowed to take peaceable +possession, without any complaints from the Proprietors, or opposition +from the British government. From this period a new competitor for the +affection and interest of Indian nations arose, more active and +enterprising than the Spaniards, whose motions the Carolineans had good +reason to watch with a jealous and vigilant eye. + + [Sidenote] A colony of Palatines settled. + +About the same time application was made to the Proprietors for lands in +Carolina, by a number of Palatines harassed in Germany by the calamities +of a tedious war, and reduced to circumstances of great indigence and +misery. The Proprietors wisely judging, that by such acquisitions the +value of their lands would increase, and the strength of their settlement +would be promoted, determined to give every possible encouragement to +such emigrants. Ships were provided for their transportation. +Instructions were sent to Governor Tynte to allow an hundred acres of +land for every man, woman, and child, free of quit-rents for the first +ten years; but, at the expiration of that term, to pay one penny _per_ +acre annual-rent for ever, according to the usages and customs of the +province. Upon their arrival Governor Tynte granted them lands in North +Carolina, where they settled, and flattered themselves with having found +in the hideous wilderness an happy retreat from the storms and +desolations of war raging in Europe. + + [Sidenote] Robert Gibbes governor. + +However, like many others, Governor Tynte had scarcely time to learn the +real state of the country, in order to establish proper regulations in +it, before he died. After his death, a competition arose in the council +about the succession. One party declared for Robert Gibbes, and another +for Thomas Broughton. Gibbes, however, carried his election, and for a +little while stood at the head of the colony. During his time, we know +nothing remarkable that happened. An act of assembly passed for +appointing commissioners, impowering them to take subscriptions and +collect public contributions for building a church at Charlestown. Water +passages were carried southward to Port-Royal, for the ease and +convenience of passengers by sea, and money was provided for building +public bridges; and establishing ferries, for the accommodation of +travellers by land. + + [Sidenote] Charles Craven governor. + +But as it appeared to the Proprietors, that bribery and corruption had +been used by Robert Gibbes to gain his election to the government, he was +not permitted to continue long in that office; they forbade their +Receiver-General to pay him any salary, and ordered the money due to be +transmitted to Richard Shelton their secretary in England. A commission +was sent our to Charles Craven, a man of great knowledge, courage and +integrity, by his brother, investing him with the government of the +colony. His council was composed of Thomas Broughton, Ralph Izard, +Charles Hart, Samuel Eveleigh, and Arthur Middleton, _&c._; all men of +considerable property, and experience in provincial affairs. The assembly +in his time was not elected, as formerly, in a riotous and tumultuary +manner, but with the utmost harmony and regularity, and proceeded to +their deliberations with great temper and mutual friendship. The Governor +had instructions to defend the province against the French and Spaniards, +and for that purpose to form and cultivate the firmest friendship and +alliance with the Indians; to promote fisheries and manufactures, which +was certainly an absurd and ridiculous instruction; for while they had so +much land, agriculture was evidently more profitable and beneficial to +both the possessors and Proprietors of the province. He was required to +overlook the courts, and take special care that justice be equitably +administered, and that no interruptions or delays attend the execution of +the laws: he was ordered to employ eight men to sound Port-Royal river +for the benefit of navigation, and to fix on the most convenient spot for +building a town, with a harbour nigh it; and to transmit all acts of +assembly made from time to time to England, for the Proprietors +approbation or disapprobation; and such other public matters as appeared +to him of general concern and utility, he was required carefully to study +and promote. + + [Sidenote] An Indian war in North Carolina. + +In the year 1712, after Governor Craven had assumed the management of the +colony, a dangerous conspiracy was formed by the Indians of North +Carolina against the poor settlers in that quarter. The cause of the +quarrel we have not been able clearly to find out; probably they were +offended at the encroachments made on their hunting lands. The powerful +tribes of Indians called Corees, Tuscororas, and several more, united, +and determined to murder or expel the European invaders. As usual, they +carried on their bloody design with amazing cunning and profound secrecy. +Their chief town they had in the first place surrounded with a wooden +breast-work, for the security of their own families. Here the different +tribes met together to the number of twelve hundred bowmen, and formed +their horrid plot. From this place of rendezvous they sent out small +parties, who entered the settlements, under the mask of friendship, by +different roads. At the change of the full moon all of them had agreed to +begin their murderous operations, on the same night. When that night +came, they entered the planters houses, demanded provisions, out of +pretence were displeased with them, and then murdered men, women, and +children, without mercy or distinction. To prevent the alarm spreading +through the settlement, they ran like fierce and bloody tygers from house +to house, spreading slaughter among the scattered families wherever they +went. None of the colonists, during the fatal night, knew what had +befallen their neighbours, until the barbarians had reached their own +doors. About Roanock one hundred and thirty-seven settlers fell a +sacrifice to their savage fury the first night; among whom were a Swiss +baron, and almost all the poor Palatines who had lately come into the +country. Some, however, who had hid themselves in the woods, having +escaped, next morning gave the alarm to their neighbours, and prevented +the total distruction of that colony. Every family had orders speedily to +assemble at one place, and the militia, under arms, kept watch day and +night around them, until the news of the sad disaster reached the +province of South Carolina. + + [Sidenote] The Tuscorora Indians conquered. + +Happy was it for the distressed North Carolineans Governor Craven lost no +time in collecting and dispatching a force to their assistance and +relief. The assembly voted four thousand pounds for the service of the +war. A body of militia, consisting of six hundred men, under the command +of Colonel Barnwell, marched against the savages. Two hundred and +eighteen Cherokees, under the command of Captains Hartford and Turstons; +seventy-nine Creeks, under Captain Hastings; forty-one Catabaws, under +Captain Cantey, and twenty-eight Yamasses, under Captain Pierce, being +furnished with arms, joined the Carolineans in this expedition. Hideous +and dreadful, at this time, was that wilderness through which Colonel +Barnwell had to march; and to get to North Carolina in time, for the +relief of the people, the utmost expedition was requisite. In such a case +it was not possible for his men to carry a sufficient quantity of +provisions, together with arms and ammunition, along with them, or to +have these things provided at different stages by the way. There was no +road through the woods upon which either horses or carriages could +conveniently pass; and his army had all manner of hardships and dangers +from the climate, the wilderness, and the enemy, to encounter. In spite +of every difficulty, Barnwell advanced against them, employing his Indian +allies to hunt for provisions to his men by the way. At length, having +come up with the savages, he attacked them, and being much better +supplied with arms and ammunition than his enemy, he did great execution +among them. In the first battle he killed three hundred Indians, and took +about one hundred prisoners. After which the Tuscororas retreated to +their town, within a wooden breastwork; there Barnwell surrounded them, +and having killed a considerable number, forced the remainder to sue for +peace: some of his men being wounded, and others having suffered much by +constant watching, and much hunger and fatigue, the savages more easily +obtained their request. In this expedition it was computed that Barnwell +killed, wounded, and captivated near a thousand Tuscororas. The +remainder, who escaped on the terms of peace, soon after this heavy +chastisement, abandoned their country, and joined a northern tribe of +Indians on the Ohio river. King Blunt, who afterwards came to South +Carolina, confirmed the account of the number the enemy had lost. Of +Barnwell's party five Carolineans were killed, and several wounded: of +his Indians, thirty-six were killed, and between sixty and seventy +wounded. In justice to this officer it must be owned, never had any +expedition against the savages in Carolina been attended with such +hazards and difficulties, nor had the conquest of any tribe of them ever +been more general and complete. + + [Sidenote] Bank bills established. + +Although the expedition to North Carolina was well conducted, and proved +as successful as the most sanguine of the Carolineans could have +expected, yet the expense the public had incurred by it fell heavy on the +province, the revenues of which were inconsiderable, and not at all +adapted for such important and extensive enterprizes. But as great +harmony at this time subsisted between the Governor and assembly, they +were well disposed for concurring with him in every measure for the +public safety and relief. The stamping of bills of credit had been used +as the easiest method of defraying these expenses incurred for the public +defence: however, at this time the legislature thought proper to +establish a public bank, and issued forty-eight thousand pounds in bills +of credit, called Bank-bills, for answering the exigencies of government, +and for the convenience of domestic commerce. This money was to be lent +out at interest, on landed or personal security; and, according to the +tenour of the act for issuing the same, it was to be sunk gradually, by +four thousand pounds a-year; which sum was ordered to be paid annually by +the borrowers, into the hands of commissioners appointed for that +purpose. After the emission of these bank-bills, the rate of exchange and +the price of produce quickly arose, and in the first year advanced to one +hundred and fifty, in the second to two hundred _per cent_. + + [Sidenote] Remarks on paper currency. + +With respect to the utility of this paper money, the planters and +merchants, according to their different views and interests, were divided +in opinion. The former, who, for the most part, stood indebted to the +latter, found that this provincial currency was not only necessary to +answer the exigencies of government, but also very useful and convenient +in the payment of private debts. This money being local, in proportion as +it increased in quantity, it raised the nominal price of provincial +commodities: and became of course prejudicial to creditors, in proportion +as it was profitable to debtors; for though it depreciated fifty _per +cent_. in a year, during which time the planters stood indebted to the +merchants, the next year such creditors were obliged to take it in +payment, or produce, which had advanced in price, according to the +quantity of money in circulation. By the acts of assembly which +established these bills of credit, the currency was secured, and made a +tender in law in all payments; so that if the creditor refused this money +before witnesses offered to him, the debt was discharged from the minute +of his refusal. Besides, the planters knew, that in a trading country +gold and silver, by various channels, would make their way out of it when +they answer the purposes of remittance better than produce, to their +great prejudice: paper-money served to remedy this inconvenience, and to +keep up the price of provincial commodities, as it could not leave the +colony, and answered the purpose for paying private debts as well, or +rather better, than gold and silver. As the trade of the country +increased, no doubt a certain quantity of money was necessary to carry it +on with ease and freedom; but when paper bills are permitted to increase +beyond what are necessary for commercial ease and utility, they sink in +value; and in such a case creditors lose in proportion to their +depreciation. + +In Carolina, as well as in the other British colonies in America, the +greatest part of gold and silver current was foreign coin, and the +different assemblies settled their value from time to time, by laws +peculiar to each province. To remedy the inconveniences arising from the +different rates at which the same species of foreign coin did pass in the +several colonies and plantations, Queen Anne, in the sixth year of her +reign, had thought fit, by her royal proclamation, to settle and +ascertain the current rate of foreign coin in all her colonies. The +standard at which currency was fixed by this proclamation, was at an +hundred and thirty-three pounds, six shillings and eight-pence _per +cent_.; but this regulation, however convenient and advantageous to +trade, was afterwards little regarded in these provinces, and the +confusion of current money continued and prevailed. + +After the emission of this great quantity of bank-bills in Carolina, and +speedy rise of the price of produce in consequence of it, the merchants +of London, to whom the colony stood indebted, judging it prejudicial to +trade, complained of it to the Proprietors. They perceived that the trade +of the country, by this means, would be carried on entirely without +silver or gold; and although their factors in Carolina might raise the +price of British commodities and manufactures, equal to the advanced +price of the produce, yet it might be for their interest sometimes to +take gold and silver rather than produce in return for their British +goods. They considered the issuing of such bank-notes as a violation of +the laws of England, and prevailed on the Proprietors to write Governor +Craven a letter to the following effect: "We have heard complaints from +several hands of an act you have passed, called the Bank Act. We do +recommend to you to consider of some expedient for preventing the +mischievous consequences of that act, lest, upon further complaints, we +be forced to repeal it. The act is exclaimed against by our London +merchants as injurious to trade, as an infringement and violation of the +laws of Great Britain, and made almost in opposition to the act of the +sixth of Queen Anne. Therefore we expect, for preventing such complaints +for the future, that you will endeavour, as much as in you lies, to +reduce that paper credit, pretended to be established in your bank act, +and that you will strictly put in execution the aforesaid act of Queen +Anne." + + [Sidenote] Trade infested by pirates. + +As the trade of the colony had of late years considerably increased, and +was almost entirely carried on in British ships, its protection was an +object which demanded the attention either of the Proprietors or the +British administration. The war in Europe had engrossed the care of the +latter, and the former were either unable or unwilling to bear the +expence of its protection. They had leased their property in the Bahama +islands to a company of merchants, which turning out to little account; +the Island of Providence became a receptacle for vagabonds and villains +of all nations. From this place of rendezvous a crew of desperate pirates +had been accustomed to push out to sea, and, in defiance of the laws of +nations, to obstruct navigation. The trade of Carolina and that of the +West Indies suffered greatly from their depredations. For five years +after this period those lawless robbers reigned as the masters of the +Gulph of Florida, plundering and taking ships of every nation. North +Carolina, by the conquest of its maritime tribes of Indians, had also +become a refuge for those rogues, who carried their prizes into Cape Fear +river, or Providence, as best suited their convenience or interest. Their +success induced bold and rapacious spirits to join them, and in time they +became so formidable, that no inconsiderable force was requisite to +suppress them. + + [Sidenote] Several English statutes adopted. + +After a long and expensive war, a treaty of peace and commerce was +concluded between Britain, France and Spain in Europe; and orders were +sent to all the colonies to desist from acts of hostility. Governor +Craven, deeply interested in the prosperity of Carolina, now turned his +attention to improve the precious blessings of peace, and to diffuse a +spirit of industry and agriculture throughout the settlement. The lands +in Granville county were found upon trial rich and fertile, and the +planters were encouraged to improve them. Accordingly a number of +plantations were settled in the neighbourhood of Indian nations, with +whom the Governor studied to cultivate a friendly correspondence. For the +purposes of trade some men took up their residence in their towns, and +furnished them with clothes, arms, and ammunition, in exchange for their +furs and deer-skins. An agent was appointed to superintend the affairs of +Indian tribes, and to conciliate by all possible means their friendship +and esteem. Several interior regulations, conducive to the peace and +prosperity of the colony, were also established. The colonists, as an +eminent writer observes, in general carry with them so much of the +English law as is applicable to their local circumstances and situation; +such as, the general rules of inheritance, and of protection from +personal injuries. What may be proper to be admitted, and what are +necessary to be rejected, is judged and determined, in the first +instance, by the provincial judicature, then subject to the approbation +or disapprobation of the Proprietors; and so far of the British +parliament, that nothing may be attempted by them derogatory to the +sovereignty and supreme jurisdiction of the mother country. At this time +Governor Craven obtained the assent of the General Assembly, to make +several English statutes of the same force in Carolina as if they had +been enacted in it. The people regarded him as a wise and indulgent +parent, and wished to copy the spirit of their laws from the English +original, although they received their obligation and authoritative force +from their being the laws of the colony. + +About this time Nicholas Trott, the Chief Justice of the colony, returned +from England, where he had been for some time engaged in the settlement +of private affairs. During his stay in Britain he had engrossed the +favour of the Proprietors, who finding him to be a man of great +abilities, professed a high respect for him, and afterwards desired his +assistance and advice in every case respecting the future management of +their colony. They advanced his salary to one hundred pounds a-year, and +he agreed to carry on a regular correspondence with their secretary, and +to give them the best intelligence with respect to their provincial +affairs. Trott having thus secured the confidence of the Proprietors in +England, soon after he came to Carolina, began to plume himself on his +advantageous circumstances, and to treat his former friends in the colony +with that pride and insolence too common to most men in office and power. +On the other hand, those men, offended at his arrogance, watched his +conduct with an envious and malignant eye, and seemed to desire nothing +more than to humble his pride and destroy his influence. To this fatal +difference may be ascribed several future jealousies and disturbances +with which the colonists were harassed, and which terminated in the total +subversion of the proprietary government. + + + + +CHAP. V. + + +After the death of Queen Anne, George, Elector of Hanover, ascended the +British throne, and was crowned on the 12th of October, 1714. This event +was far from giving general satisfaction to the British nation. A +considerable party of the principal landholders favoured the pretensions +of the house of Stewart, but were so divided in their councils and +schemes, that they lost all influence and weight. Having no head, they +were unable to turn the balance against the party in the other scale, +who, by degrees, engrossed the royal favour, and all offices of power and +trust in the kingdom. By this difference, however, a spirit of civil +discord and sedition was excited in the nation, and the Chevalier, +encouraged by it, and flattered with the hopes of assistance from France, +formed a project of snatching the scepter by force of arms from the +family of Hanover. For this purpose, a party in Scotland had recourse to +arms, but meeting with little assistance from the pretended friends of +the cause in England, the insurrection was soon quelled, and their rash +design totally defeated. + + [Sidenote] A design formed for purchasing all charters and + proprietary governments. + +During the former reign the Lord Commissioners of trade and plantations, +from the contentions that prevailed in some of the colonies, had taken +occasion to look more narrowly than formerly they used to do, into the +state of proprietary governments in America, in order to form a plan for +purchasing and uniting them more closely to the crown. They easily +perceived the advantage of beginning this negotiation as soon as +possible, for the sooner the purchase was made, the earlier it would be +obtained. Accordingly, they wrote to the Proprietors of each colony, +acquainting them, it was her Majesty's pleasure and command, that all +governors of her foreign plantations do transmit to them frequent and +full information of the state of their respective colonies, as well in +respect to the administration of government and justice, as to their +progress in trade and improvements. The Queen, though no friend to +non-conformists, had also stretched out a hand of relief to the +distressed Dissenters of Carolina, and publicly disapproved of some +oppressive acts to which they had been subjected. This served to +encourage a spirit of murmur and discontent among the Carolineans at the +proprietary government, and to give their eyes a direction to the crown +at every future period, when they thought themselves aggrieved under it. + + [Sidenote] The Yamassees conspire the destruction of the colony. + +During the same year in which the attention of Britain was occupied by a +civil broil, the colony of Carolina was visited with a terrible Indian +war, which threatened its total extirpation. The numerous and powerful +tribe of Indians called Yamassees, probably at the instigation of the +Spaniards at Augustine, were the most active in promoting this conspiracy +against the settlement, though every tribe around was more or less +concerned in it. The Yamassees possessed a large territory lying +backwards from Port-royal Island, on the north-east side of Savanna +river, which to this day is called Indian Land. By the Carolineans this +tribe had long been esteemed as friends and allies, who had admitted a +number of traders into their towns, and several times assisted the +settlers in their war-like enterprizes. Of all other Indians they were +believed to habour in their minds the most inveterate and irreconcilable +enmity to Spaniards. For many years they had been accustomed to make +incursions into the Spanish territories, and to wage war with the Indians +within their bounds. In their return from those southern expeditions, it +had been a common practice with them to lurk in the woods round +Augustine, until they surprized some Spaniard, and brought him prisoner +home to their towns. On the bodies of these unfortunate prisoners they +were accustomed to exercise the most wanton barbarities; sometimes +cutting them to pieces slowly, joint by joint, with knives and tomahawks; +at other times burying them up to the neck under ground, then standing at +a distance and marking at their heads with their pointed arrows; and, at +other times, binding them to a tree, and piercing the tenderest parts of +their naked bodies with sharp-pointed sticks of burning wood, which last, +because the most painful and excruciating method of torture, was the most +common among them. + +To prevent such horrid cruelties from being committed on the bodies of +human creatures, the legislature of Carolina passed a law, offering a +reward of five pounds for every Spanish prisoner these Indians should +bring alive to Charlestown; which law, though it evidently proceeded from +motives of humanity, yet, in the event, it proved very inconsistent with +good policy: for, in consequence of this act, the Yamassees brought +several Spaniards, at different times, to Charlestown, where they claimed +the reward for their prisoners, and delivered them up to the governor. +Charles Craven, who was no less distinguished for humanity than valour, +used to send back such prisoners to Augustine, charging the Spanish +government with the expences of their passage and the reward to the +Yamassees. But this humane practice, while it displayed English greatness +of mind, served also to begin an intercourse, which will exhibit to us a +sad specimen of Spanish honour and gratitude. + +For twelve months before the war broke out, the traders among the +Yamassees observed that their chief warriors went frequently to +Augustine, and returned loaded with presents; but were not apprehensive +of any ill consequence from such generosity. John Fraser, an honest +Scotch Highlander, who lived among the Yamassees, and traded with them, +had often heard these warriors tell with what kindness they had been +treated at Augustine. One had received a hat, another a jacket, and a +third a coat, all trimmed with silver lace. Some got hatchets, others +great knives, and almost all of them guns and ammunition, to prepare them +for striking some great and important blow. These warriors told Mr. +Fraser, that they had dined with the governor at Augustine, and washed +his face, (a ceremony used by Indians as a token of friendship), and that +now the Spanish governor was their king, and not the Governor of +Carolina. Still, however, the Carolineans remained secure, and, having +such confidence in the Indians, dreaded no ill consequences from this new +intercourse and uncommon kindness. They knew the Yamassees antipathy to +the Spaniards, their fondness for presents, but could suspect no +mischievous plot meditated against the settlement by friends and allies. +They were not ignorant that the subjects of both England and Spain always +endeavoured for the sake of peace, to court the friendship of Indian +nations, who were such powerful and dangerous enemies. Each competitor +knew their passion for war, and how heavy their vengeance, wherever it +pointed, generally fell, and therefore good policy dictated the necessity +of turning the edge of their fierce and bloody temper against their +neighbours, in order to save themselves. + +It was a common thing for the traders who resided among these savages to +single out a particular warrior of influence and authority among them, +and to court his favour with trifling presents and constant civility. +Among the Yamassees one named Sanute was Fraser's friend, who, with his +fellow-warriors, had also been at Florida, and shared of the Spaniards +insidious liberality. During his absence Mr. Fraser had married a fine +woman; and Sanute, who had a great regard for him, after his return home +came to his house, and brought along with him some sweet herbs, to show +the lady a mark of respect, agreeable to customs of Indian nations. So +soon as he entered the habitation of his friend, he called for a bason of +water, in which he bruised the herbs, and first washed Mrs. Fraser's face +and hands, and then, clapping his own hands upon his breast, told her, +that, for the future, he would communicate to her all he knew in his +heart. She, in return, thanked him, and made him some present. +Accordingly, about nine days before hostilities commenced, Sanute came to +Mrs. Fraser's house, and told her, that the English were all wicked +heretics, and would go to hell, and that the Yamassees would also follow +them, if they suffered them to live in their country; that now the +governor Augustine was their king; that there would be a terrible war +with the English, and they only waited for the bloody stick to be +returned from the Creeks before they began it. He told them, that the +Yamassees, the Creeks, the Cherokees, and many other nations, together +with the Spaniards, were all to engage in it; and advised them to fly to +Charlestown with all they had in the greatest haste, and if their own +pettiauger was not large enough to carry them, he would lend them his +canoe. Fraser, not a little astonished at the news, asked him, how the +Spaniards could go to war with the Carolineans, while at peace with Great +Britain? To which Sanute replied, the Spanish governor told him that +there would soon be a war again with the English, and that while they +attacked the Carolineans by land, he would send to Spain for a fleet of +ships to block up the harbour, so that not a man or woman of them should +escape. Fraser asked him, how long it might be since they had formed this +horrid design? Sanute answered, Do not you remember about twelve months +ago that Ishiagaska, one of our chief warriors, with four more Indians, +went to the Creeks. Fraser said, he remembered it well. Then it was, said +Sanute, he carried with him a Spanish talk for destroying all the English +inhabitants of the province; and, laying his hand upon his heart, +declared he had told them all he knew, and repeated his advice to them to +fly with all expedition: but, if they were determined to stay and run all +hazards, he concluded by assuring them, that, to prevent torture, he +would claim the privilege of performing the last friendly office to them, +which was to kill them with his own hands. Fraser still entertained some +doubts, but his wife being terrified, he resolved at all events to get +out of the way, and accordingly, without delay, put his wife, his child, +and most valuable effects, into his boat, and made his escape to +Charlestown. + + [Sidenote] The Yamassee war. + +As the time drew nigh in which this dark plot was to be put in execution, +Captain Nairn, agent for Indian affairs, and many traders, resided at +Pocotaligo, the largest town belonging to the Yamassees. Mr. Fraser, +probably either discrediting what he had heard, or from the hurry and +confusion which the alarm occasioned, unfortunately had not taken time to +communicate the intelligence he had received to his friends, who remained +in a state of false security in the midst of their enemies. The case of +the scattered settlers on the frontiers was equally lamentable, who were +living under no suspicions of danger. However, on the day before the +Yamassees began their bloody operations, Captain Nairn and some of the +traders observing an uncommon gloom on their savage countenances, and +apparently great agitations of spirit, which to them prognosticated +approaching mischief, went to their chief men, begging to know the cause +of their uneasiness, and promising, if any injury had been done them, to +give them satisfaction. The chiefs replied, they had no complaints to +make against any one, but intended to go a-hunting early the next +morning. Captain Nairn accordingly went to sleep, and the traders retired +to their huts, and passed the night in seeming friendship and +tranquillity. But next morning, about the break of day, being the 15th +day of April, 1715, all were alarmed with the cries of war. The leaders +were all out under arms, calling upon their followers, and proclaiming +aloud designs of vengeance. The young men, burning with fury and passion, +flew to their arms, and, in a few hours, massacred above ninety persons +in Pocotaligo town and the neighbouring plantations; and many more must +have fallen a sacrifice on Port-royal Island, had they not providentially +been warned of their danger. Mr. Burrows, a captain of the militia, after +receiving two wounds, by swimming one mile and running ten, escaped to +Port-royal and alarmed the town. A vessel happening fortunately to be in +the harbour, the inhabitants in great hurry repaired on board, and sailed +for Charlestown; only a few families of planters on that island, not +having timely notice, fell into their barbarous hands, some of whom they +murdered, and others they made prisoners of war. + +While the Yamassees, with whom the Creeks and Apallachians had joined, +were advancing against the southern frontiers, and spreading desolation +and slaughter through the province; the colonists on the northern borders +also found the Indians down among the settlements in formidable parties. +The Carolineans had foolishly entertained hopes of the friendship of the +Congarees, the Catawbas and Cherokees; but they soon found that they had +also joined in the conspiracy, and declared for war. It was computed that +the southern division of the enemy consisted of above six thousand +bowmen, and the northern of between six hundred and a thousand. Indeed +every Indian tribe, from Florida to Cape Fear river, had joined in this +confederacy for the destruction of the settlement. The planters scattered +here and there had no time to gather together in a body, sufficiently +strong to withstand such numbers; but each consulting his own safety, and +that of his helpless family, in great hurry and consternation fled to the +capital. Every one who came in brought the Governor different accounts of +the number and strength of the savages, insomuch that even the +inhabitants of Charlestown were doubtful of their safety and entertained +the most discouraging apprehensions of their inability to repel a force +so great and formidable. In the muster-roll there were no more than one +thousand two hundred men fit to bear arms, but as the town had several +forts into which the inhabitants might retreat, the Governor, with this +small force, resolved to march into the woods against the enemy. He +proclaimed the martial law, and laid an embargo on all ships, to prevent +either men or provisions from leaving the country. He obtained an act of +assembly, impowering him to impress men, and seize arms, ammunition, and +stores, wherever they were to be found, to arm such trusty negroes as +might be serviceable at a juncture so critical, and to prosecute the war +with the utmost vigour. Agents were sent to Virginia and England, to +solicit assistance; bills were stamped for the payment of the army, and +other necessary expences; Robert Daniel was appointed deputy-governor in +town, and Charles Craven, at the head of the militia, marched to the +country against the largest body of savages. + +In the mean time, the Indians on the northern quarter had made an inroad +as far as a plantation belonging to John Hearne, about fifty miles from +town, and entered his house in a seemingly peaceable and friendly manner; +but afterwards pretending to be displeased with the provisions given +them, murdered him and every person in it. Thomas Barker, a captain of +militia, having intelligence of the approach of these Indians, collected +a party, consisting of ninety horsemen, and advanced against them: but by +the treachery of an Indian, whom he unluckily trusted, he was led into a +dangerous ambuscade in a thicket, where a large party of Indians lay +concealed on the ground. Barker having advanced into the middle of them +before he was aware of his danger, the Indians sprung from their +concealments, and fired upon his men on every side. The Captain and +several more fell at the first onset, and the remainder in confusion were +obliged to retreat. After this advantage, a party of four hundred Indians +came down as far as Goose Creek. Every family there had fled to town, +except in one place, where seventy white men and forty negroes had +surrounded themselves with a breast-work, and resolved to remain and +defend themselves in the best manner they could. When the Indians +attacked them they were discouraged, and rashly agreed to terms of peace; +and, having admitted the enemy within their works, this poor garrison +were barbarously butchered: after which the Indians advanced still nigher +to town; but at length meeting with Captain Chicken and the whole Goose +Creek militia, they were repulsed, and obliged to retreat into the +wilderness. + +By this time the Yamassees, with their confederates, had spread +destruction though the parish of St. Bartholomew, and advancing downwards +as far as Stono, they burned the church at that place, together with +every house on the plantations by the way. John Cochran, his wife, and +four children; Mr. Bray, his wife, and two children; and six more men and +women, having found some friends among them, were spared for some days; +but while attempting to make their escape from them, they were retaken +and put to death. Such as had no friends among them were tortured in the +most shocking manner, the Indians seeming to neglect their progress +towards conquest on purpose to assist in tormenting their enemies. We +forbear to mention the various tortures inflicted on such as fell into +their merciless fangs: none can be pleased with the relation of such +horrid cruelties, but the man who, with a smile of satisfaction, can be +the spectator of a Spanish _auto de fe_, or such savage hearts as are +steeled against every emotion of humanity and compassion. + + [Sidenote] The Yamassees defeated and expelled. + +By this time Governor Craven, being no stranger to the ferocious tempers +of his enemies, and their horrid cruelty to prisoners, was advancing +against them by slow and cautious steps, always keeping the strictest +guard round his army. He knew well under what advantages they sought +among their native thickets, and the various wiles and stratagems they +made use of in conducting their wars; and therefore was watchful above +all things against sudden surprises, which might throw his followers into +disorder, and defeat the end of his enterprize. The fate of the whole +province depended on the success of his arms, and his men had no other +alternative left but to conquer or die a painful death. As he advanced +the straggling parties fled before him, until he reached Saltcatchers, +where they had pitched their great camp. Here a sharp and bloody battle +ensued from behind trees and bushes, the Indians hooping, hollowing and +giving way one while, and then again and again returning with double fury +to the charge. But the Governor, notwithstanding their superior number +and all their terrible shrieks, kept the provincials close at their +heels, and drove them before him like a flock of ravenous wolves. He +expelled them from their settlement at Indian land, pursued them over +Savanna river, and rid the province entirely of this formidable tribe of +savages. What number of his army he lost, or of the enemy he killed, we +have not been able particularly to learn; but in this Indian war near +four hundred innocent inhabitants of Carolina were murdered by these wild +barbarians. + + [Sidenote] They take refuge in Florida. + +The Yamassees, after their defeat and expulsion, went directly to the +Spanish territories in Florida, where they were received with bells +ringing and guns firing, as if they had come victoriously from the field; +from which circumstance, together with the encouragement afterwards given +them to settle in Florida, there is too good reason to believe, that this +horrid conspiracy was contrived by Spaniards, and carried on by their +encouragement and assistance. Two prisoners, whom they had saved and +carried to Augustine along with them, Mrs. Sisson and Mrs. Macartey, +afterwards reported to the Carolineans the news of this kind reception +the Indians met with from the Spaniards. On the other hand, though the +province of Carolina suffered much at this rime, yet the Governor had the +good fortune to prevent its total destruction. From the lowest state of +despondency, Charlestown, on the Governor's return to it, was raised to +the highest pitch of joy. He entered it with some degree of triumph, +receiving from all such applauses as his wise conduct and unexpected +success justly merited. Indeed his prosperous expedition had not only +disconcerted the most formidable conspiracy ever formed against the +colony, but also placed the inhabitants in general, however much exposed +individuals might be to small scalping parties, in a state of greater +security and tranquillity than they had hitherto enjoyed. + + [Sidenote] Retain a vindictive spirit against the Carolineans. + +However, from that period in which the Yamassee Indians were compelled to +take up their residence in Florida, they harboured in their breasts the +most inveterate ill-will and rancour to all Carolineans, and watched +every opportunity of pouring their vengeance on them. Being furnished +with arms and ammunition from the Spaniards, they often broke out on +small scalping parties, and infested the frontiers of the British +settlement. One party of them catched William Hooper, and killed him by +degrees, by cutting off one joint of his body after another, until he +expired. Another parry surprised Henry Quinton, Thomas Simmons, and +Thomas Parmenter, and, to gratify their revenge, tortured them to death. +Dr. Rose afterwards fell also into their hands, whom they cut across his +nose with their tomahawk, and having scalped him left him on the spot for +dead; but he happily recovered of his wounds. In short, the emissaries of +St. Augustine, disappointed in their sanguinary design of destroying root +and branch in Carolina, had now no other resource left but to employ the +vindictive spirit of the Yamassees against the defenceless frontiers of +the province. In these excursions, it must be confessed, they were too +successful, for many poor settlers at different times fell a sacrifice to +their insatiable revenge. + + [Sidenote] The colonists turn their eyes for protection to the crown. + +During the time of this hard struggle with Indians, the legislature of +Carolina had made application to the Proprietors, representing to them +the weak state of the province, the deplorable dangers which hung over +it, and begging their paternal help and protection; but being doubtful +whether the Proprietor would be inclined to involve their English estates +in debt for supporting their property in Carolina, in so precarious a +situation, they instructed their agent, in case he failed of success from +them, to apply to the king for relief. The merchants entered cordially +into the measure for making application to the crown, and considered it +as the most effectual expedient for retrieving their credit in England, +lost by the dangers which threatened the country, and the pirates that +infested the coast. They perceived at once the many advantages which +would accrue to them from being taken under the immediate care and +protection of the crown. Ships of war would soon clear the coast of +pestilent sea-robbers, and give free scope to trade and navigation. +Forces by land world overawe the war-like Indians, prevent such dreadful +attempts for the future, and they would reap the happy fruits of public +peace and security. The inhabitants in general were much dissatisfied +with living under a government unable to protect them, and what rendered +their case still more lamentable, prevented the interposition of the +crown for their defence, and therefore were very unanimous in the +proposed application to the crown. + +About the middle of the year 1715 the agent for Carolina waited on the +Proprietors, with a representation of the heavy calamities under which +their colony laboured from the ravages of barbarous enemies, and the +depredations of lawless pirates. He acquainted them, that the Yamassees, +by the influence of Spanish emissaries, had claimed the whole lands of +the country as their ancient possessions, and conspired with many other +tribes to assert their right by force of arms, and therefore urged the +necessity of sending immediate relief to the colony. But not being +satisfied with the answer he received, he petitioned the House of Commons +in behalf of the distressed Carolineans. The Commons addressed the King, +praying for his kind interposition and immediate assistance to the +colony. The King referred the matter to the Lords Commissioners of trade +and plantations. The Lords of trade made an objection, that the province +of Carolina was one of the proprietary governments, and were of opinion, +that, if the nation should be at the expence of its protection, the +government ought to be vested in the Crown. Upon which Lord Carteret +wrote them a letter to the following effect: "We the Proprietors of +Carolina having met on this melancholy occasion, to our great grief find, +that we are utterly unable of ourselves to afford our colony suitable +assistance in this conjuncture, and unless his majesty will graciously +please to interpose, we can foresee nothing but the utter destruction of +his majesty's faithful subjects in those parts." The Lords of trade asked +Lord Carteret what sum might be necessary for that service, and whether +the government of the colony should not devolve on the Crown, if Great +Britain should agree to bear the expence of its defence. To which Lord +Carteret replied, "The Proprietors humbly submitted to his majesty's +great wisdom, what sum of money he should be pleased to grant for their +assistance; and in case the money advanced for this purpose should not be +in a reasonable time repaid, they humbly conceived that then his majesty +would have an equitable right to take the government under his immediate +care and protection." + + [Sidenote] The project revived for purchasing the proprietary + colonies. + +The same year a bill was brought into the House of Commons in England for +the better regulation of the charter and proprietary governments in +America, and of his majesty's plantations there; the chief design of +which was, to reduce all charter and proprietary governments into regal +ones. Men conversant in the history of past ages, particularly in that of +the rise and progress of different states, had long foreseen the rapid +increase of American colonies, and wisely judged, that it would be for +the interest of the kingdom to purchase them for the Crown as soon as +possible. At different times administration, in the reigns of King +William and Queen Anne, held treaties with the Proprietors for this +purpose: but some obstacles always came in the way, or some accidents +occurred, which prevented a final agreement. At this time while Penn was +about selling the government of Pennsylvania, for twelve thousand pounds, +to the Crown, he was seized with an apoplexy, and died before the deeds +were executed. Lord Baltimore, the Duke of Beaufort, and Lord Craven, all +minors, petitioned to be heard by counsel against passing the bill. The +province of Massachuset's Bay petitioned against it, alledging that the +charter they had received from King William placed them on the same +footing with the different corporations in England, and that it would be +equally hard and unjust to deprive them of their charter privileges, as +to disfranchise the English corporations. The colony of Connecticut, +whose charter was intended to be taken away by this bill, in like manner +petitioned to be excepted out of it. These petitions, together with the +reasons assigned in support of them, the committee of the House found +some difficulty in answering, and therefore, instead of proceeding +farther in an affair of such national concern, the design was entirely +dropt. + +It is remarkable, that the Proprietors of Carolina, at the time they +obtained their charter, as is expressly mentioned in it were excited to +form that settlement by their zeal for the propagation of the Christian +faith among the Indians of America: yet, to their shame it must be +confessed, that they have either never used any endeavours for this +laudable purpose, or they have been utterly fruitless and ineffectual. At +this time, indeed, the society incorporated for propagating the Gospel +maintained several missionaries in Carolina, as well as in the northern +provinces. The parishes of St. Helen's, St. Paul's, Christ-Church, St. +Andrew's, St. James's, and St. John's were all supplied with ministers +from this charitable corporation, who were instructed to use their best +endeavours for spreading the Gospel among the heathens in their +neighbourhood and received an annual allowance from the society for that +purpose; yet we have not been able to learn that these heathens ever +reaped the smallest advantage from them. The Spaniards, though they have +often made use of the more severe and rough means of conversion, and +erected the standard of the cross in a field of blood, yet they have also +been exceedingly diligent and assiduous in teaching heathens the +principles of the Catholic religion. In point of policy, this zeal was +more praise-worthy than English negligence: for such barbarians would +certainly have been much easier tamed and civilized by mild instruction +than by force of arms. The Tumican and Apalachian Indians, before +Governor Moore's inroads among them, had made some advances towards +civilization, and paid, by means of instruction from Roman Catholic +missionaries, strict obedience to the Spanish government at Augustine. +Had the Proprietors of Carolina erected schools, for the instruction of +young Indians in the language, manners and religion of the English +nation, such an institution might have been attended with the most +beneficial effects. For while the children of such savages were living +among the colonists, they would have been like so many hostages to secure +the goodwill and peaceable behaviour of their parents, and when they +returned to the nation to which they belonged, their knowledge of the +English language and customs would, for the future, have rendered all +commercial treaties and transactions between them easy and practicable. +Besides, they would have all the prejudices of education in favour of the +English manners and government, which would have helped both to fortify +them against the fatal influence of Spanish rivals, and to render them +more firm and steady to the British interest. + + [Sidenote] Differences occasioned by the war. + +Although the Yamassee war had terminated much to the honour of the +Carolinians, yet the fatal effects of it were long and heavily felt by +the colony. Many of the planters had no negroes to assist them in raising +provisions for their families, and these persons who had negroes, could +not be spared to overlook them, so that the plantations were left +uncultivated, and the produce of the year was trifling and +inconsiderable. The men being more solicitous about the safety of their +families than the increase of their fortunes, purchased bills of exchange +at any price, to send with them to the northern provinces, in order to +procure for them there the necessaries of life. The provincial merchants +being much indebted to those in London, the latter were alarmed at the +dangers which hung over the colony, and pressed them much for +remittances. The Indians, who stood indebted to the merchants of Carolina +for ten thousand pounds, instead of paying their debts, had cancelled +them, by murdering the traders, and abandoning the province. No +remittances could be made, but in such commodities as the country +produced, and all hands being engaged in war, rendered them both very +scarce and extremely dear. To answer the public exigences of the +province, large emissions of paper currency were also requisite. Hence +the rate of exchange arose to an extravagant height. The province was +indebted no less than eighty thousand pounds, and at the same time +obliged to maintain garrisons on the frontiers for the public defence, +which served to increase the debt. While struggling amidst those +hardships, the merchants of London complained to the Proprietors of the +increase of paper money, as injurious to trade; in consequence of which +they strictly ordered their Governor to reduce it. All those things +served to aggravate the distress of the poor colonists, and caused them +to murmur against their landlords for want of compassion, and to turn not +a little disaffected to their government. + + [Sidenote] Aggravated by the Proprietors. + +The next step taken by the legislature of Carolina, served to widen the +difference. The Yamassees being expelled from Indian land, the assembly +passed two acts to appropriate those lands gained by conquest for the use +and encouragement of such of his majesty's subjects as should come over +and settle upon them. Extracts of these acts being sent to England and +Ireland, and published among the people, five hundred men from Ireland +transported themselves to Carolina, to take the benefit of them; which +influx was a great acquisition at this juncture, and served to strengthen +these frontiers against future incursions from barbarians. But the +beneficial consequences of these acts were all frustrated by the +Proprietors, who repealed them, claiming such lands as their property, +and insisting on the right of disposing of them as they thought fit. Not +long afterwards, to the utter ruin of the Irish emigrants, and in breach +of the provincial faith to them, the Proprietors ordered the Indian lands +to be surveyed for their own use, and run out in large baronies; by which +harsh usage the old settlers, having lost the protection of the new +comers, deserted their plantations, and again left the frontiers open to +the enemy; as for the unfortunate Irish emigrants, having spent the +little money they had, many of them, reduced to misery, perished, and the +remainder moved to the northern colonies. + + [Sidenote] Robert Daniel is made deputy-governor. + +About this time Governor Craven, having received advice from England of +Sir Antony Craven's death, intimated to the Proprietors, that the affairs +of his family required his presence, and obtained their leave to return +to Britain. No Governor had ever gained more general love and deserved +respect from the Carolineans, nor had any man ever left the province +whose departure was more universally regretted. Having appointed Robert +Daniel deputy-governor, he embarked for England about the end of April, +1716. While the man of war rode at anchor near the bar, Mr. Gideon +Johnston, with about thirty more gentlemen, went into a sloop to take +leave of their beloved Governor, and sailed with him over the bar. On +their return a storm arose, the sloop was overset, and Mr. Johnston, +being lame of the gout and in the hold, was drowned. The other gentlemen, +who were upon deck, saved themselves by swimming to the land. Afterwards +the sloop drove, and what has been thought somewhat remarkable, Mr. +Johnston's body was taken out of it while beating against the same bank +of land upon which he had almost perished at his first arrival in +Carolina. + + [Sidenote] Lord Carteret Palatine + +Before Governor Craven arrived in England, John Lord Carteret, a nobleman +no less distinguished by his illustrious descent than personal merit, had +succeeded to the dignity of Palatine. Nicholas Trott, who was +Chief-Justice of Carolina, received a warrant from this nobleman, +impowering him to sit also as judge of the provincial court of +vice-admiralty. William Rhett, who was Trott's brother-in-law, and +Receiver-general, was likewise made Comptroller of his majesty's customs +in Carolina and Bahama Islands. The many offices of trust and emolument +which these two men held, together with their natural abilities, gave +them great weight and influence in the province, especially at the +election of members to serve in assembly. When the provincial assembly +met, a bill was brought into the house for the better regulation of the +Indian trade, nominating commissioners, and impowering them to apply the +profits arising from it to the public benefit and defence, and passed +with little opposition. As the colonists had been accustomed to chuse all +their members of assembly at Charlestown, at which election great riots +and tumults had often happened; to remedy this disorder, another bill was +brought into assembly for regulating elections; in which, among other +things, it was enacted, "That every parish should send a certain number +of representatives, in all not exceeding thirty-six; that they should be +ballotted for at the different parish churches, or some other convenient +place, on a day to be mentioned in the writs, which were to be directed +to the church-wardens, who were required to make returns of the members +elected." This was a popular act, as the inhabitants found it not only +allowed them greater freedom, but was more conformable to the practice in +England, and more convenient for the settlers than their former custom of +electing all members in town. + + [Sidenote] The disaffection of the people increases. + +By this time the struggle between the Proprietors and possessors of the +soil, which had long subsisted, and in which the officers intrusted with +supporting their Lordships power and prerogative always found themselves +deeply interested, was become more serious. Those popular acts, but +particularly the latter, gave great offence to some members of the +council, who plainly perceived its tendency to ruin their influence at +elections, and of course the power of the Proprietors. Among others, +Trott and Rhett strenuously opposed the bills. Though they were not able +to prevent their passing in Carolina, yet they took care to send to +England such representations of them as could not fail to render them the +objects of the Proprietors disapprobation. Indeed the act respecting +elections had broke in upon a former law, which had been ratified in +England, and never repealed by the same authority. The consequence was, +both those bills in a little time were sent back repealed, by an +instrument under the Proprietors hands and seals. The colonists, far from +being pleased with the former conduct of their landlords, now became +outrageous, and spoke boldly of their tyranny, bad policy, and want of +compassion for distressed freemen. Being still exposed to incursions from +the sanguinary and vindictive Yamassees, furnished with arms and +ammunition from the Spaniards, they were obliged to maintain a company of +rangers, to protect the frontiers against them. Three small forts were +erected at Congarees, Savanna, and Apalachicola, for the public defence, +and money must be raised for the payment of garrisons. Presents of +considerable value were also necessary, to preserve the friendship of +other Indian tribes. These public expences eat up all the fruits of the +poor planter's industry. The law appropriating the profits of the Indian +trade for the public protection had been repealed; the public credit was +at so low an ebb, that no man would trust his money in the provincial +treasury. None would risk their lives in defence of the colony without +pay, and the province, oppressed with a load of debt, was utterly unable +to furnish the necessary supplies. The people complained of the +insufficiency of that government which could not protect them, and at the +same time prevented the interposition of the Crown for this purpose. +Governor Daniel himself joined them in their complaints, and everyone +seemed ardently to wish for those advantages which other colonies +enjoyed, under the immediate care and protection of a powerful sovereign. + + [Sidenote] Robert Johnson appointed governor. + +In this discontented and unhappy state Robert Johnson found the +Carolineans, when he arrived with a commission from Lord Carteret, +bearing date April 30, 1717, investing him with the government of the +province: to which office a salary of four hundred pounds sterling was +now annexed. He was son to Sir Nathaniel Johnson, who formerly held the +same office, and had left him an estate in Carolina. This new governor +was a man of wisdom, integrity, and moderation; but came out with such +instructions as were ill adapted to the circumstances and situation of +the colony. Soon after his arrival he perceived the disaffection of the +people to the proprietary government, and the many difficulties with +which he would have to struggle in the faithful discharge of his duty. +His council consisted of Thomas Broughton, Alexander Skene, Nicholas +Trott, Charles Hart, James Kinloch, Francis Yonge, _&c._ some of whom +were highly dissatisfied with the harsh treatment of the Proprietors. +After calling an assembly, the Governor, as usual, signified to them his +esteem for the people, his love to the province, and his resolutions of +pursuing such measures as might be judged most conducive to its peace and +prosperity. The assembly, in answer, expressed great satisfaction with +appointing a man of so good a character to that high office; but, at the +same time, were not insensible of the oppression of their landlords, nor +of the many hardships they had to expect under their weak and +contemptible government. + + [Sidenote] Of the depredations of pirates. + +About this time some merchants and masters of ships, trading to America +and the West Indies, having suffered much from the barbarity and +depredations of pirates, complained to the King in council of the heavy +losses the trade of the nation had sustained from those public robbers, +who had grown so numerous and insolent, that unless a speedy check should +be given to them, the navigation in those seas would be totally ruined. +In consequence of which the King issued a proclamation, promising a +pardon to all pirates who should surrender themselves in the space of +twelve months, and at the same time ordered to sea a force for +suppressing them. As they had made the island of Providence their common +place of residence, Captain Woodes Rogers sailed against this island, +with a few ships of war, and took possession of it for the Crown. Except +one Vane, who with about ninety more made their escape in a sloop, all +the pirates took the benefit of the King's proclamation, and surrendered. +Captain Rogers having made himself master of the island, formed a council +in it, and appointed officers civil and military for the better +government of its inhabitants. He built some forts for its security and +defence, and so ordered matters, that, for the future, the trade of the +West Indies was well protected against this lawless crew. + + [Sidenote] And their utter extirpation. + +Though the pirates on the island of Providence were crushed, those of +North Carolina still remained, and were equally insolent and troublesome. +Vane, who escaped from Captain Rogers, had taken two ships bound from +Charlestown to London. A pirate sloop of ten guns, commanded by Steed +Bonnet, and another commanded by Richard Worley, had taken possession of +the mouth of Cape Fear river, which place was now the principal refuge +left for those rogues. Their station there was so convenient for blocking +up the harbour of Charlestown, that the trade of the colony was greatly +obstructed by them. No sooner had one crew left the coast than another +appeared, so that scarcely one ship coming in or going out escaped them. +Governor Johnson, resolving to check their insolence, fitted out a ship +of force, gave the command of it to William Rhett and sent him out to sea +for the protection of trade. Rhett had scarcely got over the bar when +Steed Bonnet spied him, but finding he was more than match for him, made +all the sail he could for his refuge in Cape Fear river. Thither Rhett +followed him, took the sloop, and brought the commander and about thirty +men with him to Charlestown. Soon after this Governor Johnson himself +embarked, and sailed in pursuit of the other sloop of six guns, commanded +by Richard Worley, which, after a desperate engagement off the bar of +Charlestown, was also taken. The pirates fought like furies, until they +were all killed or wounded, excepting Worley and another man, who even +then refused to surrender, until they were likewise dangerously wounded. +These two men, together with their sloop, the Governor brought into +Charlestown, where they were instantly tried, condemned, and executed, to +prevent their dying of their wounds. Steed Bonnet and his crew were also +tried, and all, except one man, hanged, and buried on White Point, below +high-water mark. + +Governor Johnson, formerly a popular man, was now become much more so, by +his courage in exposing his person, and the success attending his +expedition against the pirates. The coast being happily cleared, and free +scope given to trade, afterwards no pirates durst venture to sea in that +quarter. This check, together with that they received among the islands, +served to extirpate these pestilent robbers, who had declared war against +all mankind; and, by reducing themselves to the savage state of nature, +had led such lives as rendered them the common enemy of every civilised +nation. But these two expeditions from Carolina, though crowned with +success, cost the poor province upwards of ten thousand pounds, an +additional burden which, at this juncture, it was ill qualified to +support. + + [Sidenote] Troubles from paper currency. + +At the same time, Governor Johnson had instructions to reduce the paper +currency circulating in the Province, of which the mercantile interest +loudly complained, as injurious to trade. He recommended to the assembly +to consider of ways and means for sinking it, and told them they were +bound in honour and justice to make it good. The Indian war had +occasioned a scarcity of provisions; by the large emissions of paper +money it sunk in value, and the price of produce arose to an exorbitant +height. As the value of every commodity is what it will bring at market, +so the value of paper money is according to the quantity of commodities +it will purchase. Even gold and silver, though the universal medium of +commerce, grow less precious in proportion as their quantity is increased +in any country. Both rice and naval stores, however high, by doubling the +quantity of paper money, though the commodities remain the same as +formerly, become still much higher. The merchants and money-lenders were +losers by those large emissions; and the planters indebted to them, on +the other hand, were gainers by them. Hence great debates arose in the +assembly about paper-money, between the planting and mercantile +interests. At this time the Governor, however, had so much influence as +to prevail with the assembly to pass a law for sinking and paying off +their paper credit in three years, by a tax on lands and negroes. This +act, on its arrival in England, gave great satisfaction both to the +Proprietors and people concerned in trade, and the Governor received +their thanks for his attention to the commercial interests of the +country. + + [Sidenote] Several laws repealed. + +This compliance of the assembly with the Governor's instructions from +England, and the good humour in which they at present appeared to be with +government, gave him some faint hopes of reconciling them by degrees to +the supreme jurisdiction of the Proprietors. But their good temper was of +short duration, and the next advices from England blasted all his hopes +of future agreement. The planters finding that the tax-act fell heavy on +them, began to grumble and complain of its injustice, and to contrive +ways and means for eluding it, by stamping more bills of credit. The +Proprietors having information of this, and also of a design formed by +the assembly to set a price on country commodities, and make them at such +a price a good tender in law for the payment of all debts, they strictly +enjoined their Governor not to give his assent to any bill framed by the +assembly, nor to render it of any force in the colony, before a copy of +the same should be laid before them. About the same time the King, by his +order in council, signified to the Proprietors, that they should repeal +an act passed in Carolina, of pernicious consequence to the trade of the +mother country, by which a duty of ten _per cent_. was laid on all goods +of British manufacture imported into that province. Accordingly this act, +together with that for regulating elections, and another for declaring +the right of assembly for the time being to nominate a public receiver, +were all repealed, and sent to Governor Johnson in a letter, which +enjoined him instantly to dissolve the present assembly and call another, +to be chosen in Charlestown, according to the ancient usage and customs +of the province. The Proprietors considered themselves as the head of the +legislative body, who had not only power to put a negative on all laws +made in the colony of which they disapproved, but also to repeal such as +they deemed of pernicious consequence. + + [Sidenote] Which occasions great disaffection. + +Governor Johnson, sensible of the ill-humour which prevailed among the +people at the proprietary government, and the ill consequences that would +attend the immediate execution of his orders, summoned his council +together, to take their advice about what was most proper to be done. +When he communicated his orders and instructions from England, the +majority of the council were astonished at them. Trott, indeed, who was +one of them, probably knew from what spring they derived their origin, +and to whose advice and influence the repeal of those laws ought to be +ascribed. But as the assembly were at that time deliberating about the +means of paying the provincial debt contracted by the expedition against +the pirates, and other contingent charges of government, it was agreed to +postpone the dissolution of the house until the business then before them +should be finished. However, the repeal of the duty-law being occasioned +by an order from the King in council, they resolved to acquaint the +assembly immediately with the royal displeasure at that clause of the law +laying a duty on all goods manufactured in Great Britain, and recommend +it to them to make a new act, leaving out that clause which had given +offence. Mean while, though great pains were taken to conceal the +Governor's instructions from the people, yet by some means they were +divulged, and kindled violent flames among them. The assembly entered +into a warm debate about the Proprietors right of repealing laws passed +with the assent of their deputies. Many alledged, that the deputation +given to them was like a power of attorney sent to persons at a distance, +authorizing them to act in their stead; and insisted, that, according to +the charter, they were bound by their assent to acts, as much as if the +Proprietors themselves had been present, and ratified and confirmed them. + + [Sidenote] Further troubles from Indians. + +While the colony was thus harassed with fears and troubles from rigorous +landlords, to enhance their misery, their savage neighbours were also now +and then making incursions into their settlements, and spreading havock +among the scattered families. At this time a scalping party penetrated as +far as the Euhah lands, where having surprised John Levit and two of his +neighbours, they knocked out their brains with their tomahawks. They then +seized Mrs. Borrows and one of her children, and carried them off with +them. The child by the way, finding himself in barbarous hands, began to +cry, upon which they put him to death. The distressed mother, being +unable to refrain from tears while her child was murdered before her +eyes, was given to understand, that she must not weep, if she desired not +to share the same fate. Upon her arrival at Augustine she would have been +immediately sent to prison, but one of the Yamassee kings declared he +knew her from her infancy to be a good woman, interceded for her liberty, +and begged she might be sent home to her husband. This favour, however, +the Spanish governor refused to grant, and the garrison seemed to triumph +with the Indians in the number of their scalps. When Mr. Borrows went to +Augustine to procure the release of his wife, he also was shut up in +prison along with her, where he soon after died: but she survived all the +hardships of hunger, sickness, and confinement, to give a relation of her +barbarous treatment. After her return to Carolina, she reported to +Governor Johnson, that the Huspah king, who had taken her prisoner and +carried her off, informed her, he had orders from the Spanish governor to +spare no white man, but to bring every negroe alive to Augustine; and +that rewards were given to Indians for their prisoners, to encourage them +to engage in such rapacious and murderous enterprizes. + + [Sidenote] Complaints against Chief Justice Trott. + +By this time Chief Justice Trott being suspected of holding a private +correspondence with the Proprietors, to the prejudice of the Carolineans, +had incurred their hatred and resentment. Richard Allein, Whitaker, and +other practitioners of the law, over whom he tyrannized, charged him with +many base and iniquitous practices. No less than thirty-one articles of +complaint against him were presented to the assembly, setting forth, +among other things, "That he had been guilty of many partial judgments; +that he had contrived many ways to multiply and increase his fees, to the +great grievance of the subject, and contrary to acts of assembly; that he +had contrived a fee for continuing causes from one term to another, and +put off the hearing of them for years; that he took upon him to give +advice in causes depending in his courts, and did not only act as +counsellor in that particular, but also had drawn deeds between party and +party, some of which had been contested before him as Chief Justice, and +in determining of which he had shewn great partialities; with many more +particulars; and, lastly, complaining, that the whole judicial power of +the province was lodged in his hands alone, of which it was evident he had +made a very ill use, he being at the same time sole judge of the courts +of Common Pleas, King's Bench, and Vice-Admiralty; so that no prohibition +could be lodged against the proceedings of the court, he being obliged, +in such a case, to grant a prohibition against himself; he was also, at +the same time, a member of the council, and of consequence a judge of the +Court of Chancery." + +Those articles of complaint, though they took their rise from the bar, +and might have proceeded in some measure from envy, ill-will, or +resentment, were nevertheless too well grounded, and the facts contained +in the charge were supported by strong evidence before the assembly. But +as the Judge held his commission from the Proprietors, he denied that he +was accountable to the assembly for any part of his conduct in his +judicial capacity; and declared that he would be answerable no where but +in England. The assembly, however, sensible that he held his commission +only during good behavior, sent a message to the Governor and Council, +requesting they would join them in representing his partial and unjust +conduct in his office to the Proprietors, praying them either to remove +him from his seat in the courts of justice, or at the least to grant him +only one jurisdiction, and the people liberty of appeal from his +judgements. The Governor and major part of the council, convinced of the +male-administration of the Judge, agreed to join the Commons in their +representation. But being sensible of the great interest the Chief +Justice had with their Lordships, they judged it most prudent to send one +of their counsellors to England with their memorial, that it might find +greater credit and weight, and the more certainly procure redress; and +Francis Yonge, a man of considerable abilities, who had been present at +all their debates, was pitched upon as one well qualified for giving +their Lordships a faithful account of the whole matter. Accordingly +Yonge, being furnished with all the instructions, powers, and +credentials, necessary to a commissioner for the aggrieved party of the +colonists, set sail for England, and arrived in London early in the year +1719. + + [Sidenote] Laid before the Proprietors. + +Soon after his arrival, he waited on Lord Carteret, the Palatine; but as +his Lordship was preparing to set out on an embassy to the court of +Sweden, he referred him to the other Proprietors for an answer to his +representation. When the Proprietors met, Yonge presented to them a +memorial, setting forth, "That he had been appointed by the Governor and +Council of South Carolina, to lay before them, not only several acts of +assembly passed there during their last sessions for their approbation, +but also to inform them of the reasons that induced the Governor and +Council to defer the dissolution of the assembly, in consequence of their +Lordships commands; that he was instructed to shew their Lordships the +arguments between the upper and lower houses of assembly, touching their +Lordships right off repealing laws ratified and confirmed by their +deputies; and presented to them a speech made by Chief Justice Trott at a +general conference of both houses, together with the answer of the +commons to it, and the several messages that passed between them, which +he hoped would shew their Lordships, that no arguments or endeavours were +wanting on their part, to assert the right the Proprietors had of +repealing laws not ratified by them." + +"At the same time, he was desired to request their Lordships to augment +their Secretary's salary, to allow the members of the council so much +money for the time and expence of attending the council on their service; +to establish custom-house officers at Beaufort; to grant six thousand +acres of land to the three garrisons at Congarees, Savanna Town, and +Apalachicola; and liberty of appealing from erroneous judgements in law, +which at that time the people had not, the whole judicial power in all +the provincial courts being lodged in the hands of one man." Then he +delivered to them a letter from Governor Johnson, the articles of +complaint against Chief Justice Trott, and the joint address of the +Governor, Council, and Assembly, praying to have him removed entirely +from the bench, or confined to a single jurisdiction. + + [Sidenote] Their answer. + +This memorial, however, was far from satisfying the Proprietors, some of +whom inferred from it, that the people seemed to be industrious in +searching for causes of dissatisfaction, and grounds of quarrel with +them, with a view to shake off the proprietary authority, and renounce +their allegiance. Their letters from Trott served to confirm the truth, +which intimated that Yonge, though an officer of the Proprietors, by mean +subtilty and chicane had assisted the people in forming plausible +pretences for that purpose. For three months Yonge attended the +Palatine's court, to give the board all possible information about the +state of affairs in their colony, and to accomplish the ends of his +appointment. After all, 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. They declared their displeasure +with the members of the council who had joined the lower house in their +complaints against Trott and removed them from the board, appointing +others in their place, and increasing the number of members; and told +Yonge, that he also would have been deprived of his seat but for the high +respect they had for Lord Cartaret the absent Palatine, whose deputy he +was. With respect to Chief Justice Trott, they had too much confidence in +his fidelity and capacity to remove him from his office. On the contrary, +they sent him a letter, thanking him for his excellent speech in defence +of their right of repealing all laws made in the colony; together with a +copy of the articles of complaint brought against him, on purpose to give +him an opportunity of vindicating himself; at the same time acquainting +him, that it was their opinion and order, that he withdraw from the +council-board whenever appeals from his judgments in the inferior courts +shall be brought before the Governor and council as a court of chancery. + + [Sidenote] And letter to the governor. + +How far Governor Johnson, in their opinion, had deviated from his duty, +in joining the other branches of the legislature in their representation, +may be learned from the Proprietors letter, brought over to him by Yonge, +which runs in the following words: "Sir, we have received and perused +your letters and all your papers, delivered us by your agent Mr. Yonge; +and though we are favourably inclined in all our thoughts relating to our +Governor, yet we must tell you, we think you have not obeyed the orders +and directions given you to dissolve that assembly and call another +forthwith, according to the ancient usage and custom of the province, and +to publish our repeals of the acts of assembly immediately upon the +receipt of our orders aforesaid; but we shall say no more on that subject +now, not doubting but our Governor will pay more punctual obedience to +our orders for the future. + +"The Lords Proprietors right of confirming and repealing laws was so +particular a privilege granted them by the charter, that we can never +recede from it; and we do allure you, we are not a little surprised that +you have suffered that prerogative of ours to be disputed. + +"We have sent you herewith an instruction under our hands and seals, +nominating such persons as we think fit to be of the council with you, +six of whom 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 despatch 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 +prerogatives to the best of his abilities. If the assembly chosen +according to your pretended late act is not dissolved, as we formerly +ordered, and a new assembly elected, pursuant to the act formerly +confirmed by the Proprietors, you are forthwith commanded to dissolve +that assembly, and to call another, according to the above-mentioned act; +and so we bid you heartily farewel." + + [Sidenote] Who obeys their commands. + +Such was the result of Yonge's negociation in England. Governor Johnson, +who was well acquainted with the prevailing temper and discontented +spirit of the people, plainly perceived, upon receiving these new orders +and instructions, what difficulties would attend the execution of them. +The flame was already kindled, and nothing could be imagined more likely +to add fewel to it than such rigour and oppression. It is true, the +Governor had received authority, but he wanted power to act agreeable to +their instructions. Determined, however, to comply with their commands, +he summoned his council of twelve men whom the Proprietors had nominated, +who were, William Bull, Ralph Izard, Nicholas Trott, Charles Hart, Samuel +Wragg, Benjamin de la Consiliere, Peter St. Julien, William Gibbons, Hugh +Butler, Francis Yonge, Jacob Satur and Jonathan Skrine, some of whom +refused, and others qualified themselves, to serve. Alexander Skene, +Thomas Broughton, and James Kinloch, members of the former council, being +now left out of the new appointment, were disgusted, and joined the +people. The present assembly was dissolved, and writs were issued for +electing another in Charlestown, according to the custom and usage of the +province. The duty-act, from which the clergy were paid, the garrisons +maintained, and the public debts in general were defrayed, was repealed; +the law respecting the freedom of election was also repealed, by which +the colonists were obliged to have recourse to the old, inconvenient and +tumultuous manner of elections in Charlestown: the act declaring the +right of the commons to nominate a public receiver was also annulled, and +declared to be contrary to the usage and custom of Great Britain. All +laws respecting the trade and shipping of Great Britain, which any future +assembly might pass, the Governor had instructions to refuse his assent +to, till approved by the Proprietors. The provincial debts incurred by +the Indian war, and the expedition against pirates, not only remained +unpaid, but no more bills of credit were allowed to be stamped, for +answering those public demands. This council of twelve, instead of seven +men, which was appointed, the colonists considered as an innovation in +the proprietary government exceeding the power granted their Lordships by +their charter, and therefore subjecting them to a jurisdiction foreign to +the constitution of the province. The complaints of the whole legislature +against Chief Justice Trott were not only disregarded, but that man, whom +they considered as an enemy to the country, was privately caressed and +publicly applauded. All these things the colonists considered as +aggravated grievances, and what rendered them the more intolerable was +the circumstance of being deprived of all hopes of redress. + +It may be thought somewhat unaccountable and astonishing, that the +Proprietors should have persisted in measures so disagreeable and +oppressive of themselves, and so manifestly subversive of their authority +and power. Many were the hardships from the climate, and the danger from +savages, with which the poor colonists had to struggle; yet their +landlords, instead of rendering their circumstances as easy and +comfortable as possible, seemed rather bent on crossing their humours and +doubling their distress. The people could now no longer regard them as +indulgent fathers, concerned for the welfare of their colony, but as +tyrannical legislators, that imposed more on them than they were able to +bear. Was it not the duty of the Proprietors to listen to their just +complaints, and redress their heavy grievances? Was it not their interest +to consult the internal security, and by every means promote the speedy +improvement and population of their colony? What could more effectually +answer these ends, than to cultivate the esteem and preserve the +affections of the people? Nothing else could render their government +stable and respectable. But, after all, perhaps the troubles and miseries +the colonists suffered ought to be ascribed to their Lordships shameful +inattention to provincial affairs, rather than to their tyrannical +disposition. Lord Carteret, the Palatine, held high offices of trust +under the Crown, which occupied his chief study and attention. Some of +the Proprietors were minors, others possessed estates in England, the +improvement of which engrossed their whole care and delight. Having +reaped little or nothing from their American possessions, and finding +them every year becoming more troublesome and expensive, it is probable +they trusted the affairs of their colony to a clerk, or secretary, who +was no ways interested in their prosperity and success. With this +secretary Chief Justice Trott had established a correspondence, of whose +wisdom and abilities the Proprietors entertained the highest opinion, and +in whose integrity and fidelity they placed unlimited confidence. He held +of them many offices of trust and emolument, which, together with his +haughty and overbearing conduct, rendered him the object of popular envy +and clamour. The colonists needed indulgence from their circumstances and +situation; Trott, being made totally dependent on the Proprietors will +for the tenure of his office and the amount and payment of his salary, +strongly supported their power and prerogative. Hence those various +struggles between the Proprietors and people, which were daily growing +more serious and violent, and threatened totally to subvert the +proprietary government. + + [Sidenote] An invasion threatened from Spain. + +About this time a rupture having taken place between the courts of Great +Britain and Spain, a project for attacking South Carolina and the island +of Providence was formed at the Havanna, and preparations were making +there for the expedition. Governor Johnson, having received advice from +England of this design, resolved immediately to put the province in a +posture of defence. For this purpose he summoned a meeting of council, +and such members of assembly as were in town, to inform them of the +intelligence he had received, and to desire their advice and assistance +in case of any sudden emergency. He told them of the shattered condition +of the fortifications, and urged the necessity of speedy reparations; and +for this end proposed a voluntary subscription, beginning with a generous +offer himself, as an example to others. He declared that one day's delay +might prove fatal to the province, as they were uncertain how soon the +enemy might be at their door; and recommended unanimity and despatch. The +assembly replied, that a subscription was needless, as the income of the +duties would be sufficient to answer the purpose intended. The Governor +objected, that the duty-law had been repealed, and none other yet framed +in its place. To which the assembly answered, they had resolved to pay no +regard to those repeals, and that the public receiver had orders from +them to sue every man that should refuse to pay as that law directed. +Chief Justice Trott told them, if any action or suit should be brought +into his courts on that law, he would give judgment for the defendant. In +short, the contest between the two houses at this meeting became warm, +insomuch that the conference broke up before any thing was concluded with +regard to the public safety. The assembly were obstinate, and seemed +determined to hazard the lots of the province to the Spaniards, rather +than yield to the council, and acknowledge the Proprietors right of +repealing their laws. + + [Sidenote] An association formed against the Proprietors. + +Governor Johnson, however, at such a juncture, judging it prudent to be +always in the best posture of defence; for uniting the strength of the +province called a meeting of the field-officers of the militia, ordered +them to review their regiments, and fixed a place of general rendezvous. +Indeed such was the uneasy and distracted state of the colony, that the +Spaniards could scarcely have attacked it at a time more seasonable for +obtaining an easy conquest. At this meeting the field-officers of the +militia received their orders with their usual submission, and called +together the different regiments, on pretence of training the men to +expert use of arms. But before this time the members chosen to serve in +assembly, though they had not met in their usual and regular way at +Charlestown, had nevertheless held several private meetings in the +country, to concert measures for revolting from their allegiance. They +had drawn up a form of an association for uniting the whole province in +opposition to the proprietary government, which was proposed to the +people at this public meeting of the militia, as an opportunity the most +favourable for procuring a general subscription. The people, oppressed +and discontented, with eagerness embraced the proposal, and, almost to a +man, subscribed the association, promising to stand by each other in +defence of their rights and privileges, against the tyranny of the +Proprietors and their officers. This confederacy was formed with such +secresy and dispatch, that, before it reached the Governor's ears, almost +the whole inhabitants were concerned in it. The assembly, after having +thus brought the people in general to back them, had then nothing to do +but to go on, in taking such bold and vigorous steps as seemed best +calculated for accomplishing their end. + + + + +CHAP. VI. + + +The members of assembly, as I already observed, having formed their +resolution to revolt, and gone so far as to bring the people to stand by +and support them, in spite of every obstacle determined to proceed, until +they should bring themselves under the protection of the King. As they +had the whole civil power to encounter, and many difficulties to surmount +it may not be improper the more particularly to mark the various steps +they took to accomplish this end. United in their view by the greatness +of the danger, we shall see they regularly made their attacks.. They +formed their outworks first at a distance, and then brought them +gradually nearer; and, in short, raised none but such as afterwards +served to support others in the difficult progress of their future +operations. + + [Sidenote] The people's encouragement to revolt. + +At the election of assembly in Charlestown, Trott and Rhett, who formerly +had such influence and sway, were now become so obnoxious that they could +not bring one man into the house. Alexander Skene, formerly excluded from +the council, was elected a member of this new assembly, which was chosen +on purpose to oppose the civil officers, considering themselves as ill +used by the Proprietors, turned a zealous and active person for pulling +down the tottering fabric of their government. This man, together with +several other members of assembly, held frequent meetings, to consider of +all their grievances, and the encouragements they had received from time +to time from Britain, respecting the great end they now had in view. They +recalled to mind what had passed in the House of Peers during the reign +of Queen Anne, how her majesty had then ordered her Attorney and +Solicitor-general to consider of the most effectual methods of proceeding +against the charter. They knew also, that a bill had been brought into +the House of Commons, for reducing all charter and proprietary +governments into regal ones. They had been informed that Lord Carteret, +conscious of the inability of the Proprietors to defend their province in +the Yamassee war, had publicly applied for assistance from the British +government, and that the Lords of trade were of opinion, that the +government of the province should belong to that power which bore the +expence of its protection. They had considered all these things, and +flattered themselves with the hopes, that the King would take the colony +under his care as soon as they renounced allegiance to the Proprietors. +And as the time drew nigh in which they expected an attack from a +powerful nation, they concluded that the province needed assistance of +the Crown at the present, more than at any time past. They had convinced +the people of the manifold advantages of the British constitution, and +the great happiness of those colonies which were under the immediate care +and protection of the Crown, insomuch that they now desired nothing more +upon earth, than to enjoy the same invaluable privileges. + + [Sidenote] Their letter to the Governor signifying their design. + +To these secret meetings and transactions Governor Johnson, who lived at +his plantation several miles from Charlestown, was an entire stranger, +until he received the following letter, bearing date November 28, 1719, +and signed by Alexander Skene, George Logan, and William Blakeway. "Sir, +we doubt not but you have heard of the whole province entering into an +association to stand by their rights and privileges, and to get rid of +the oppression and arbitrary dealings of the Lords Proprietors. As we +always bore you the greatest deference and respect imaginable, we take +this opportunity to let you know, that the committee of the people's +representatives were last night appointed to wait on you this morning, to +acquaint you, that they have come to a resolution to have no regard to +the Proprietors officers, nor their administration: and withal to beg, +that your honour will hold the reigns of government for the King, till +his Majesty's pleasure be known. The great value the whole country +express for your honour's person, makes them desirous to have nobody but +yourself to govern them; and as you must be convinced, that no person can +be more passionately fond of your government than ourselves, we hope you +will not take amiss any advice given by faithful and affectionate +friends; and therefore we take the liberty to tell you freely, we are of +opinion that your honour may take the government upon you, upon the +office of the people, for the King, and represent to the Proprietors, +that rather than the whole country should be in confusion, and want a +governing power, you held it for their Lordships, though you were obliged +to comply with the colonists, who were unanimously of opinion they would +have no Proprietors government. We could wish for a longer and better +opportunity to explain this matter to you; but it is impossible, for the +gentlemen will be with you in two hours at farthest. We heartily wish +your honour the utmost success, let it go which way it will; but beg +leave to observe, that your compliance will not only be the greatest +satisfaction to the province in general, but also to your humble +servants." + + [Sidenote] Which the Governor endeavours to defeat. + +This letter, though fraught with the highest professions of respect to +the Governor, he nevertheless considered as an insult; but especially the +advice, which he deemed both highly derogatory to his integrity as a man, +and his fidelity as a governor. The bait thrown out to appearance was +specious and flattering, yet the Governor had too much penetration, not +to see under its false colours the naked hook. The letter, however, +served to give him notice of the association, and the resolution of the +people, which it was his duty by all means possible to defeat. For this +purpose he hastened to town, and summoned his council, to take their +advice in a case so unexpected and alarming. Meeting accidentally with +Alexander Skene, he informed him that the committee who were appointed to +wait on him had changed their minds, and were gone to their respective +places of abode. Governor Johnson, nevertheless, informed his council of +the association, and required their advice and assistance about the most +effectual methods of breaking it up, and supporting the proprietary +government. He perceived that, although he was called Governor, yet Trott +ruled the province, and therefore resolved to do nothing without his +advice, that he might be equally responsible with the rest for the ill +consequences which he was apprehensive would attend their future +proceedings. The council were not a little perplexed what step to take; +but as the committee had altered their intention of waiting on the +Governor, they were of opinion that no notice should be taken of their +proceedings, until the assembly should meet in a legal manner, revive the +matter, and bring it regularly before them; hoping that the people, upon +more cool reflection, might drop their dangerous resolution. + + [Sidenote] Proceedings of the convention. + +In the mean time the members of assembly were using their utmost +diligence among the people of the province to keep them firm to their +purpose, having got almost every person, except the officers of the +Proprietors and a few of their friends, to sign the association. All +agreed to support whatever their representatives should do for +disengaging the colony from the yoke of the Proprietors, and putting it +under the government of the King. Having thus fortified themselves by the +union of the inhabitants, the assembly met on purpose to take bolder and +more decisive steps: and being apprehensive that the Governor would +dissolve them, so soon as their proceedings reached his ears, they +instantly came to the following resolutions: "First, That the several +laws pretended to be repealed are still in force within the province, and +could nor be repealed and made void and null but by the General Assembly +of this province, and that all public officers and others do pay due +regard to the same accordingly. Secondly, That the writs, whereby the +representatives here met were elected, are illegal, because they are +signed by such a council as we conceive the Proprietors have not a power +to appoint; for that this council does consist of a greater number of +members than that of the Proprietors themselves, 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 ought not to pretend to imitate or follow, +his majesty not being confined to any number of counsellors, but as he +thinks fit; but the Proprietors, as subjects, we believe, are bound by +their charter. Thirdly, That we the representatives 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, till his +majesty's pleasure be known: and, lastly, That the Lords Proprietors have +by such proceedings unhinged the frame of their government, and forfeited +their right to the same; and that an address be prepared, to desire the +honourable Robert Johnson, our present Governor, to take the government +upon him in the King's name, and to continue the administration thereof +until his Majesty's pleasure be known." + +Agreeable to the last resolution, an address was drawn up, signed by +Arthur Middleton as president and twenty-two members of the convention. +The Governor having sent them a message, acquainting them that he was +ready with his council to receive and order them to chuse a speaker; they +came to the upper house in a body, and Arthur Middleton addressed the +Governor in the following words: "I am ordered by the representatives of +the people here present to tell you, that, according to your honour's +order, we are come to wait on you: I am further ordered to acquaint you, +that we own your honour as our Governor, you being approved by the King; +and as there was once in this province a legal council, representing the +Proprietors as their deputies, which being now altered, we do not look on +the gentlemen present to be a legal council; so I am ordered to tell you, +that the representatives of the people do disown them as such, and will +not act with them on any account." + + [Sidenote] The perplexity of the Governor and council. + +The Governor and Council, struck with silence and astonishment at the +audacious spirit of the convention, and suspecting that they were backed +and supported by the voice of the people, were greatly puzzled what +measures they should take to recal them to the obedience of legal +authority. Some were for opposing violence to violence, and thought the +best way of bringing them back to their allegiance would be to terrify +them with threats and confiscations. Others were of opinion, that the +defection was too general to admit of such a remedy, and that mild +expostulations were more proper both for softening their minds, and +convincing them of their error; and should such gentle means fail, the +Governor might then dissolve them, and for the present time put an end to +the dispute. But, on the other hand, dangers hung over the country, and +the only fund for repairing the fortifications being lost by the repeal +of the general duty-law, money must be provided for the public +protection. If the Governor should dissolve the house, how could the +province be put in a posture of defence against a Spanish invasion, with +which it was threatened. If he should suffer them to sit while they had +resolved that the Proprietors had forfeited their right to the +government, and refused on any account to act with his council, he might +be chargeable with a breach of his trust. The result of their +deliberations was, a message from the Governor and council, desiring a +conference with the house of assembly. To which they returned for answer, +that they would not receive any message or paper from the Governor in +conjunction with these gentlemen he was pleased to call his council. +Finding them thus inflexible and resolute, the Governor was obliged to +give way to the current, and therefore, in two days afterwards, sent for +them in his own name, and spoke to them to the following effect: + + [Sidenote] The Governor's speech for recalling the people. + + +"When I sent for you the other day, I intended to have desired you to +have chosen your speaker, to be presented to me as usual, and then I did +propose to have spoke to you in the following manner: + +"Your being met together at a time when there was never more occasion for +a ready dispatch of public business, and a good harmony betwixt the upper +and lower house; I must recommend that to you; and nothing will be +wanting on my part to promote a good understanding betwixt the Lords +Proprietors and the people, at present (to my great affliction) I fear +too much interrupted: I must, therefore, in the first place, recommend to +you, that you will without delay, or other matter intervening, fall upon +proper methods for raising money for finishing the repairs of the +fortifications, and providing stores of war, which are much wanted. The +intelligence which I have of the designs of our enemies, which makes this +work so necessary, shall be laid before you. + +"I am sorry the Lords Proprietors have been induced (by a necessity, to +defend and support their just prerogatives) at this juncture to disannul +some of your laws; if they had not thought the letting those acts subsist +might have rendered their right of repeal precarious, they would have +suffered them still to continue. I hope from you, therefore, a +respectable behaviour towards them, that we may not feel any more their +displeasure in so sensible a manner, as the loss (in this time of need) +of our duty-law, and which has also occasioned an injunction to me and +the council, from acting with an assembly who shall dispute their +Lordships undoubted right of repealing laws, and appointing officers +civil and military. + +"I find some are jealous and uneasy on account of rumours spread, that +you design to alter the tax-act, for sinking your paper currency. Public +credit ought to be sacred, and it is a standing maxim, That no state can +subsist longer than their credit is maintained: I hope therefore you have +no such intentions, which would put me under a necessity of doing what I +have never yet done; I mean, disagreeing with you. I expect therefore you +will make good what the public is answerable for, and proceed to such +farther methods for paying our debts, as shall be both honourable and +proper, and best adapted to our circumstances. + +"The alarm from the southward, about five months since, obliged me to be +in a posture of defence, and occasioned some charges, the accounts of +which shall be laid before you; and I desire you will provide for the +discharge of them: I think also the militia-acts want some amendments; +and that you should contrive to keep a good watch in Charlestown. + +"This is what I intended to have recommended to you: but Mr. Middleton's +telling me, in the name of the rest, that you would not act _with_, and +your surprising message since, that you will not receive any thing _from_ +me, in conjunction with my council, has made it necessary for me to take +this occasion of talking with that plainness and freedom so extraordinary +a proceeding of yours requires. And, first, I must take notice of your +message, wherein you say, you own me as Governor, because I am approved +of by the King; but that you disown the council to be a legal one, nor +will act with them on any account whatsoever; and this is subscribed by +all your members: but, upon examining, I find it to be pretty dark and +evasive, and seems as if you would avoid expressing in plain terms, what +I have too much cause to fear is your design, I mean, to renounce all +obedience to the Lords Proprietors: and this I cannot but think you +propose from all your words and actions. You say, you acknowledge me, +because I am approved of by the King; but you take no notice of my +commission from the Proprietors, which is what makes me Governor. The +confirmation of the King, only signifies his majesty's approbation of the +person the Lords Proprietors have constituted; but it is my commission +and instruction from them, that not only grants, but limits my power, and +contains the rules by which I must act, and are to warrant and vouch my +actions; therefore, to avoid declaring in express terms your renouncing +the Lords power, and at the same time doing it in effect, is to create +perpetual doubts and disputes, and is not acting with that sincerity and +plainness which ought to be used in all public debates, and especially in +matters of so great concern as this is, and upon which so great +consequences depend. + +"I do require and demand of you, therefore, and expect you will 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 absolutely renounce all obedience to them, and those +commissioned and authorised by them? Or, whether you admit their general +power, and only dispute that particular branch of their authority, in +constituting a council after the manner they have now done? If you deny +their general power and authority in this province, and say, that their +Lordships have forfeited their charter, as Mr. Berrisford asserted, and +you all acquiesced in; then I demand of you, that you signify wherein the +Lords have forfeited their charter, and what particular branch thereof +they have broken: and I demand of you, that supposing (not granting) they +have made a forfeiture of their charter, by what power do you presume to +renounce their authority, and to model a government out of your own +heads, before such time as that, by a court having lawful jurisdiction of +the same, it shall be adjudged that the Lords have made a forfeiture of +their charter, and that the powers granted them are null and void? If the +King is of opinion, that any corporation or society have made a +forfeiture of the rights and powers granted by their charter, although +his majesty may have the advice of his Attorney and Solicitor-general, +and his Judges and Council learned in the law, that such a forfeiture has +been made, (and this he may more reasonably depend on than any advice or +assurance you can have); yet, notwithstanding this, and his supreme +authority as King, he never dispossessed the persons of the powers +granted them, before a _quo warranto_ or some other process had been +brought, and judgment obtained against the same. And if the King doth not +assume such a power, by what authority do you assume it? + +"I desire you further to consider the consequence that attends that +assertion, Of the charter being forfeited, before judgment is given upon +the same. For if it be so, then the forfeiture must be from the time that +the fact was committed that caused the forfeiture; and then you must +remember, that, by the charter, the Lords have granted to them, not only +the power of ordering the government, but also the lands are granted to +them by the said charter; so that if there is a forfeiture of the rights +and prerogatives of the government, there is also a forfeiture of their +rights to the lands; and so all grants made by their authority of any +lands, since the fact committed that caused the forfeiture, according to +your own doctrine and assertion, must be null and void; and therefore, +how many persons titles to their lands will become void, I leave you to +consider. And though, it may be, you will assign some new late fact, that +you say will cause such a forfeiture, by which you may think to avoid the +ill consequence that attends the titles to the lands; yet know, that the +facts that you assign may not be the only ones that may be thought to +have made the forfeiture of their charter. And if your present assertion +is true, that they may be dispossessed before a judgment; it may be, +other persons may assign other causes of the forfeiture, besides those +which you assign, which may have been committed many years ago: for you +cannot but know there have been persons in the province, that, for +several years past, have publicly asserted, that the Lords have done +facts, for which their charter was become forfeited. Which if so, I leave +you to consider what a gate you will leave open to call in question, nay, +utterly destroy, several hundreds of peoples titles to their lands. And +though you have most unjustly and untruly suggested to the people, to +create a prejudice in them to the Lords Proprietors, that their Lordships +designed to dispute their titles to their lands; yet, by this assertion +and practice, you are the persons that will not only call in question, +but effectually destroy their titles. + +"And if you persist in disowning the council as now authorised, then I +desire you further to consider, in what capacity I can act with you, and +to what purpose you pretend to sit and transact the public business of +the province. You know very well I am not able to join with you in +passing any law without the consent of my council; and surely you cannot +pretend to pass laws without me: and what an absolute occasion there is +now to pass some laws, that the province may be put in a posture of +defence, and the contingent charges thereof defrayed, I leave you +seriously to consider, and hope you will not lose the whole province to +the enemy, for your own humours. + +"But I am further to tell you, that, in case you continue to deny the +authority of the council, you cannot properly style yourselves the +representatives of the people; for you know very well you were chosen +members of assembly, pursuant to and by virtue of the writs signed by +myself and council; for it is not the peoples voting for you that makes +you become their representatives; the liege people of this, or any other +province, have no power to convene and chuse their representatives, +without being authorised so to do by some writ or order coming from +authority lawfully empowered. And if you pretend that the writs signed by +me, as Governor, were sufficient: to that I answer, that I do not pretend +to any such authority, but jointly, and with the consent of my council, +it being the express words of my commission; nor did I sign the writs in +any other capacity than in conjunction with my council, who also signed +the same. But if my signing the writs were sufficient authority for the +people to chuse you, then you must allow, that as the power lies solely +in me to call you, it lies also solely in me to dissolve you; and +therefore, if by your actions you will force me to make use of that +power, I do hereby publicly protest and declare, you only must be +answerable for the ill consequences that may attend such a dissolution, +and for the loss of the lives and estates of the King's subjects in this +province, by any attack that may be made upon them by our public enemies +the Spaniards, or from the Indians, by reason of the province's not being +put into such a posture of defence as it ought, and would, if you +proceeded to transact the public business under a lawful authority; and +this I would have you seriously to consider of. + +"Notwithstanding stories that have been industriously spread to +prepossess the people, that you are the only persons who stand up for +their rights and privileges; by which, it may be, you have so far engaged +them in your favour, that you may have their assistance to enable you to +commit any act of force or violence upon the government, and the +authority of the Lords Proprietors; yet know, and be assured, that the +matters in dispute are of that consequence, that they must and will be +decided by an authority in England, having lawful jurisdiction of the +same; and that there it must be law and right that must justify your +claims, and not the consent and approbation of the people of Carolina, +who will have no weight there, but the right and merit of the cause. + +"I must farther mention to you, that it is notoriously known, you have +promoted two forms of associations, and have persuaded the people to sign +them. How far you can be justified at home, behoves you to consider: but +as I am satisfied no matter of such public concern ought to be carried on +without my knowledge, so I do hereby require and demand of you, an +attested copy of both associations; and though it may not concern me to +have the names of every individual person that has signed them, yet I do +insist upon it that you do acquaint me which of your own members have +signed both, or either of them, as also the names of such persons who +have commissions, or hold any places civil or military under their +Lordships, or of such persons who practise the law in their Lordships +courts, and have signed them. + +"To what is here demanded of you I do require your plain and positive +answer in express terms, and that you do in writing give me the same in a +body, and under your hands." + + [Sidenote] Their message in answer to it. + +This long and elaborate speech, which was also given them in writing, +they were not long considering of, but soon returned with the following +message; and shewed him that they were neither to be shaken by +persuasion, nor intimidated by threats, from their firm purpose. "We have +already acquainted you, that we would not receive any message or paper +from your honour, in conjunction with the gentlemen you are pleased 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 delivered to us, +we take no notice of, nor shall we give any farther answer to it but in +Great Britain." + +Immediately after this they came with the following address to the +Governor, publicly avowing their resolution to cast off all obedience to +the proprietary government, and urging and intreating him to comply with +their desire, and take upon him the government of the province in the +name of the King. "It is with no small concern that we find ourselves +obliged to address your honour, in a matter which nothing but the +absolute necessity of self-preservation could at this juncture have +prevailed on us to do. The reasons are already by us made known to your +honour and the world, therefore we forbear to rehearse them; bur proceed +to take leave to assure you, that it is the greatest satisfaction +imaginable to us, to find throughout the whole country, that universal +affection, deference and respect the inhabitants bear to your honour's +person, and with what passionate desire they wish for a continuance of +your gentle and good administration; and since we, who are instructed +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 most earnestly +desire and intreat your honour, to take upon you the government of this +province, in his majesty's name, till his pleasure 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 this province depends greatly on +your honour's complying with our requests, so we flatter ourselves, that +you, who have expressed so tender a regard for it on all occasions, and +particularly in hazarding your own person in 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 support; +and we promise your honour, on our parts, the most faithful assistance of +persons duly sensible of your honour's great goodness, and big with the +hopes and expectation of his majesty's countenance and protection. 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." + + [Sidenote] The Governor's answer. + +To this flattering address the Governor returned the following answer; +such as became his honour and trust. "I am obliged to you for your good +opinion of me; but I hold my commission from the _true and absolute Lords +and Proprietors of this province_[1], who recommended me to his majesty, +and I have his approbation; it is by that commission and power I act, and +I know of no power or authority can dispossess me of the same, but those +only who gave me those authorities. In subordination to them I shall +always act, and to my utmost maintain their Lordships just power and +prerogatives, without encroaching on the people's rights and privileges. +I do not expect or desire any favour from you, 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 province in +anarchy and confusion." + +[1] This is the term the charter gives them. + + [Sidenote] The assembly dissolved, and the proceedings of the people. + +The representatives having now fully declared their intentions, and +finding it impossible by all their art and address to win over the +Governor to a compliance with their measures, and to accept of the +government only from his having the King's approbation, began to treat +him with indifference and neglect. He, on the other hand, perceiving that +neither harsh nor gentle means could recal them to their duty and +allegiance, and that they became the more outrageous and ungovernable by +his endeavours to this purpose, issued a proclamation for dissolving the +house, and retired to the country. The representatives ordered his +proclamation to be torn from the marshal's hands, and proceeded next to +avowed usurpation. They met upon their own authority, and in direct +opposition to that of the Proprietors, and chose Colonel James Moore +their Governor; who was a man of a bold and turbulent disposition, and +excellently qualified for being a popular leader in perilous adventures. +To Governor Johnson he was no friend, having been by him removed from his +command of the militia, for warmly espousing the cause of the people: to +the Proprietors he was an inveterate enemy. In every new enterprize he +had been a volunteer, and in whatever he engaged he continued to his +purpose steady and inflexible. A day was fixed by the Convention for +proclaiming him, in name of the King, Governor of the province, and +orders were issued for directing all officers civil and military to +continue in their different places and employments, till they shall hear +farther from them. + +Governor Johnson, some time before this, had appointed a day for a +general review of the provincial militia; and the Convention, that they +might have the opportunity of the people being under arms, and ready to +forward their scheme, fixed on the same day for publicly proclaiming +Moore. The Governor, however, having intelligence of their design, sent +orders to Colonel Parris, the commander of the militia, to postpone the +review to a future day. Parris, though a zealous friend to the +revolution, in answer assured him his orders should be obeyed. +Notwithstanding this assurance, on the day fixed, when Governor Johnson +came to town, he found to his surprise the militia drawn up in the market +square, colours flying at the forts, and on board all the ships in the +harbour, and great preparations making for the proclamation. Exasperated +at the insults offered to his person and authority, he could scarcely +command his temper and restrain his resentment. Some he threatened to +chastise for flying in the face of government, to which they had sworn +allegiance and fidelity. With others he coolly reasoned, and endeavoured +to recal them by representing the fatal consequences that would certainly +attend such rash proceedings. But advancing to Parris, who had betrayed +him, he asked him, how he durst appear in arms contrary to his orders? +and commanded him, in the King's name, instantly to disperse his men. +Colonel Parris insolently replied, he was obeying the orders of the +Convention. The Governor in great rage walked up towards him; upon which +Parris immediately commanded his men to present, and bid him at the peril +of life advance no nearer. The Governor expected, during this struggle, +that some friends would have stood by him, especially such as held +offices of profit and trust under the Proprietors, or that the militia +would have laid down their arms at his command: but he was disappointed; +for all either stood silent, or kept firm to the standard of the +Convention. However, to amuse him, and prevent his taking any rash step +in the heat of passion, John Lloyd, one of their party, was sent, out of +pretence of friendship, to walk and converse with the Governor. Vain +indeed were the efforts of a single arm, in so general a defection. Even +Trott and Rhett, in this extremity, forsook him, and kept at a distance, +the silent and inactive spectators of their masters ruined authority. + + [Sidenote] James Moore proclaimed Governor. + [Sidenote] The declaration of the Convention. + +After this the members of Convention attended, and, escorted by the +militia, publicly marched to the fort, and there declared James Moore +governor of the province in name of the King, which was followed by the +loudest acclamations of the populace. Upon their return, they next +proceeded to the election of twelve counsellors, of whom Sir Hovenden +Walker was made president. In this, however, it is remarkable, that they +assumed a right and power to themselves which they had refused to the +Proprietors, and made one of the principal articles of complaint against +them. So that the revolutioners had now their Governor, Council and +Convention, and all of their own free election. In consequence of which +the delegates met, and, in the first place, resolved to publish their +declaration, to the following effect: "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 this 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, freemen, granted; whereby we are deprived of +those measures we had 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 from several places: And whereas, pursuant to the instructions +and authorities 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 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 Proprietors 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 Indians, until his majesty's pleasure +herein 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 prevailed 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 published, the +representatives and delegates of his majesty's liege people and free-born +subjects of the said settlement, now met in convention at Charlestown, 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 his +former and many great services, having great confidence in his firm +loyalty to our most gracious 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 authorities 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, 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 said James Moore, in the administration of all +affairs civil and military within this settlement, as well as in the +execution of all his functions aforesaid, as Governor for his sacred +majesty King George. And further, we do expect 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. Given under our hand, at the Convention, +this 21st day of December, 1719." + +Governor Johnson, after this public and solemn declaration, perceiving +his power totally overthrown, and the current too violent and strong for +him to withstand, had little hopes of recalling them to the obedience of +proprietary authority. Still, however, he flattered himself, that such +men as had usurped the government in opposition to lawful authority would +not long remain in a state of union, harmony and peace among themselves. +The first unpopular step of their Governor might create disturbance and +disaffection; the first difference among the leading men might divide +them into parties: he determined to wait for such occurrences, and to +improve them towards recovering his power and command. In the mean time +he called together the civil officers of the Proprietors, and ordered +them to secure the public records, and shut up all offices against the +revolutioners and their adherents. + + [Sidenote] The Governor transmits an account of the whole proceedings + to the Proprietors. + +That the proprietors in England might have notice of what had happened +though a proper channel, Governor Johnson drew up a slate of the whole +proceedings, and transmitted it them. He told them that the colonists had +long laboured under difficulties and hardships, by debts contracted in +the Indian war, and in protecting their trade against pirates; that an +unhappy difference had broke out between their Lordships and the people, +about the privileges of their charter; 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 +Lordships, and put themselves under the care and government of the King; +that he, though earnestly solicited by them, had refused to govern them +in any other way, than as commissioned and appointed by the Lords +proprietors; that the people for that reason had shaken off his authority +and chosen another Governor for themselves in name and behalf of the +Kind: In short, that the revolution was in no way occasioned by his +imprudence or mal-administration, and therefore he hoped, whatever might +be the issue, that their Lordships would use their interest to continue +him in the government of the province. To the same purpose he wrote to +the Lords Commissioners of trade and plantations, who were no friends to +the proprietary governments in America, and waited for such a favourable +season as now offered in Carolina to purchase every one of them for the +crown. + + [Sidenote] The Revolutioners appoint new officers, and establish + their authority. + +In the mean time the members of the popular legislature were going on, +and with all their diligence and skill regulating public affairs. The +representatives of the people took a dislike to the name of a Convention, +as different from that of the other regal governments in America, and +therefore voted themselves an Assembly, and assumed the power of +appointing all public officers. In place of Nicholas Trott, they made +Richard Allein Chief Justice. Another person was appointed Provincial +Secretary, in the room of Charles Hart. But William Rhett and Francis +Yonge, by becoming obsequious to the humours of the revolutioners, +secured to themselves the same offices they held from the Proprietors. +Colonel Barnwell was chosen agent for the province, and embarked for +England, with instructions and orders to apply only to the King, to lay a +slate of their public proceedings before him, praying him to take the +province under his immediate care and protection. A new duty-law and +others for raising money to defray the various expences of government +were passed. The fortifications at Charlestown they ordered to be +immediately repaired, and William Rhett, whom every one esteemed a friend +to the revolution, was nominated Inspector-general of the Repairs. To +their new Governor they voted two thousand five hundred pounds, and to +their Chief Justice eight hundred current money, as yearly salaries. To +their agent in England one thousand pounds sterling was transmitted: and +to defray those and the other expences of government, a law was passed +for laying a tax on lands and negroes, to raise thirty thousand pounds +Carolina-money, for the service of the current year. In short, this +popular assembly imposed such burdens on their constituents, as under the +proprietary government would have been deemed intolerable grievances. + +In consequence of the tax-act, when they began to levy those heavy tales, +Governor Johnson and some of his party refused to pay, giving for reason +that the act was not made by lawful authority. On account of his +particular circumstances, Mr. Johnson was exempted; but they resolved to +compel every other person to submit to their jurisdiction, and yield +implicit obedience to their laws. They forcibly seized the effects or +negroes of such as refused, sold them at public auction, and applyed the +money for the payment of their taxes. Thus, in spite of all opposition, +they established themselves in the full possession of government, both in +their legislative and executive capacities. + + [Sidenote] In vain the Governor attempts to disconcert them. + [Sidenote] Rhett refuses obedience to his orders. + +Governor Johnson, though obliged to stand at a distance, carefully +observed their progress, and was not a little mortified by their great +success. He however still persisted in throwing every obstacle possible +in their way: he wrote to William Rhett, who was not only the Proprietors +Receiver-general, but also Comptroller of the customs, a letter to the +following effect; informing him, That "as the people had found means to +hinder all masters of ships from coming to him as the Governor +clearances, and from clearing in the lawful secretary's offices, +notwithstanding the laws of trade made such neglects the forfeiture of +ship and cargo, and the naval officer, by his orders, did all he could to +induce them to act according to law: and as he was sensible that the +defection was so general, and his authority so depressed, that he had no +power left to punish them for disobedience; he therefore could think of +no other way to oblige them to their duty but by stopping their obtaining +clearances from the custom-house officers, until they paid their duty to +him as the lawful governor of the province. He therefore desired Mr. +Rhett would consult his powers and instructions as Surveyor and +Comptroller of the customs, and act in this affair as he should think +agreeable to them, to the laws of trade, and to the service of his +majesty, and of the Lords Proprietors." Indeed it must be acknowledged, +had Rhett so far consulted the interest of the Proprietors, as to have +commanded the officers of the customs to do their duty, according to the +Governor's project, it would have given the revolutioners no small +trouble. They would have had the mortification to see the masters of +ships disowning their authority, and going only to that office where they +could obtain authentic and legal clearances. The fees due to the Governor +and Secretary would also have gone in their usual channel, which +otherwise were transferred to such persons as had no just right, nor even +the smallest pretensions to them. But Rhett's enmity to the Governor, and +his prospects of profit from the prevailing party, induced him to neglect +the duties of his station. He had already joined, or at least seemed to +join, the revolutioners, being determined to retain at all events his +places of profit and emolument. The countenance and encouragement he had +given the people, they considered as a justification of their measures; +and though they had passed a vote, that no person who held an office +under the Proprietors should be permitted to continue in it, yet, as they +found Rhett so obsequious to their views, they thought proper to dispense +with it for an acquisition of such importance. They not only allowed him +to continue in his former offices, but also made him Lieutenant-General +of the militia, and Overseer to the works in repairing the +fortifications. So that, instead of giving assistance to Governor Johnson +for supporting the interest and power of the proprietary government, he +shamefully deserted him, betrayed his trust, and joined the +revolutioners. + + [Sidenote] And preserves the confidence of the Proprietors. + +Rhett, nevertheless, to the astonishment of every one, still maintained +his credit with the Proprietors, and had the art to persuade them he had +done done all out of zeal for the service of his majesty, and for the +good of the province. He wrote them two letters, giving them an account +of all that had happened, and assuring them he had accepted of a +commission from Mr. Moore, in order the more effectually to promote their +interest, by giving him an opportunity of conversing freely with the +people, and persuading them to return to their duty and allegiance. He +represented the inflexibility of Governor Johnson as one source of the +discontent and defection of the people, and utterly inconsistent with +good policy. He told them, that there are times when the minds of men +will not bend to authority, when the rigid exertion of power defeats its +end, and when lenity becomes a more efficacious remedy against +disaffection to government than severity. The Proprietors believed him, +and such was their confidence in his honour and fidelity, that they sent +him a letter expressing their approbation of his conduct, in the +following words: "We have received your letters, wherein you give us a +melancholy account of the present confused government of our province, +and of the great consternation of the inhabitants, from the dreadful +apprehension they have of a foreign invasion. But since they have been so +unfortunate as to bring themselves into so much confusion, we are not a +little pleased that your zeal for the service of his majesty, and the +safety of the province, has engaged you to take upon you the command of +the forces; for as, by your command of the said forces, you formerly +defended and saved the country from the insults of an invading enemy, so +we doubt not but you will again use your utmost skill to free your same +fellow-subjects from the imminent danger they at present labour under. +And since you have taken upon you the same command, we earnestly intreat +you, that, with the greatest application, you will continue your +endeavours in that command for the safety and preservation of the +province, until you shall hear farther from us: We wish you all +imaginable success, and bid you heartily farewell." + + [Sidenote] Further attempts of the Governor to recal the people. + +In the mean time Governor Johnson received certain advice, that the +Spaniards had sailed from the Havanna with a fleet of fourteen ships, and +a force consisting of twelve hundred men, against South Carolina and +Providence Island, and it was uncertain which of the two they would first +attack. At this time of imminent danger the Governor again attempted to +recal the people to subjection and obedience, and sent the following +letter to the Convention. "I flatter myself that the invasion which at +present threatens the province, has awakened a thought in you of the +necessity there is of the forces acting under lawful authority and +commission. The inconveniences and confusion of not admitting it are so +obvious, I need not mention them. I have hitherto borne the indignities +put upon me, and the loss I sustain by being out of my government, with +as much temper as the nature of the thing will admit of, till such time +as his majesty's pleasure shall be known. But to have another man to +assume my authority when danger threatens the province and action is +expected, and to be deprived of the opportunity of serving the public in +my station, as I am indispensibly 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 patiently endure. I am willing with my council +to consult and advise with you for the good and safety of the country in +this time of imminent danger, as a Convention of the people, as you first +called yourselves; nor do I see, in this present juncture of affairs, any +occasion for formality in our proceedings, or that I explain by whose +authority I act in grants of commissions or other public orders. Mr. +Moore's commission you have given him does not pretend to say that it is +derived from the King. You have already confessed I am invested with some +authority of which you approve, and that is enough. What I insist upon +is, to be allowed to act as Governor, because I have been approved of by +the King. I do not apprehend there is any necessity of doing any thing at +present but what relates to military affairs; and I do believe people +will be better satisfied, more ready to advance necessaries, to trust the +public, and obey my commands, by virtue of the King's authority which I +have, if left to their liberty, than the orders of any other person in +the province; and in a short time we may expect his majesty's pleasure +will be known. If my reasons have not the weight with you I expect they +should, you ought at least to put it to the vote, that, if a majority +should be against it, I may have that to justify myself to the King and +the world, who ought to be satisfied that I have done all I can for +serving the country, and discharging the duty of my station." + +By this letter Governor Johnson thought to alarm and terrify the people, +by representing the dangerous consequences of military operations under +unlawful authority; but they remained firm to their purpose, and the +Convention, without taking any notice of it, continued to do business +with Mr. Moore as they had begun. Sir Hovenden Walker, the President of +their Council, being disgusted at their proceedings, left them and +retired to his plantation; but they chose Richard Allein in his stead, +and proceeded to concert measures for the public defence. They pronounced +the martial law, and ordered all the inhabitants of the province to +Charlestown for its defence. All the officers of the militia accepted +their commissions from Mr. Moore, and engaged to stand by him against all +foreign enemies. For two weeks the Provincial militia were kept under +arms at Charlestown every day expecting the appearance of the Spanish +fleet; which they were informed had sailed from the Havanna. Happily for +them, to acquire possession of both sides of the Gulf of Florida, and +secure the navigation through this stream, the Spaniards had resolved +first to attack Providence, and then to proceed against Carolina: but by +the conduct and courage of Captain Rogers, at that time Governor of the +island, they met with a sharp repulse at Providence, and soon after they +lost the greatest part of their fleet in a storm. + + [Sidenote] The Governor's last attempt to recover his authority. + +The Spanish expedition having thus proved abortive, the Flamborough man +of war, commanded by Captain Hildesley, returned to her station at +Charlestown from Providence island. About the same time his Majesty's +ship Phoenix, commanded by Captain Pierce, arrived from a cruize. The +commanders of these two men of war were carressed by both parties, but +they publicly declared for Governor Johnson as the magistrate invested +with legal authority. Charles Hart, secretary of the province, by orders +from the Governor and Council, had secreted and secured the public +records, so that the revolutioners could not obtain possession of them. +The clergy refused to marry without a licence from Governor Johnson, as +the only legal Ordinary of the province. These inconveniencies having +begun to operate, rendered several of the people more cool in their +affection for the popular government. At this juncture Governor Johnson, +with the assistance of the captain and crews of the ships of war, made +his last and boldest effort for subjecting the colonists to his +authority. He brought up the ships of war in front of Charlestown, and +threatened their capital with immediate destruction, if they any longer +refused obedience to legal authority. But the people having both arms in +their hands for defence, and forts in their possession to which they +could retreat, bid defiance to his power, and shewed him plainly that +they were neither to be won by flattery, nor terrified by threats, to +submit their necks any more to the proprietary yoke; and therefore for +the future Governor Johnson dropt all thoughts of making any more +attempts for that purpose. + + [Sidenote] Injurious suspicions with regard to the conduct of the + Governor. + +Nicholas Trott now observing the frame of the proprietary government +totally unhinged, and a rival Judge planted in his room, resolved to +return to England. But before he embarked he wrote to Governor Johnson, +acquainting him with his resolution, and promising, if he would +contribute towards defraying his expences, he would give the Proprietors +each a favourable account of his conduct and services, as would ensure to +him the continuance of his office. But the Governor being no stranger to +the character of the Judge, and being convinced that both the revolt of +the people, and subversion of government, were in a great measure to be +ascribed his pernicious policy and secret correspondence with his friend +the secretary to the Proprietors, disdainfully rejected his interest and +friendship. To which disrespect for the Judge, however, Mr. Johnson +attributed many of the injurious suspicions the Proprietors entertained +of his honour and fidelity, and that shameful neglect with which he was +afterwards treated by them. They had wrote him no answer to his letters +respecting the violent steps the people had taken, or ever informed him +whether his conduct during those popular commotions had met with their +approbation or disapprobation. Some of them even alledged that he was +privy to the designs of the malecontents; and gave them too much +countenance and indulgence. But every principle of honour, duty and +interest forbade such a connivance, and the upright and respectable +character he maintained, rendered such suspicions groundless and +unmerited. That he should join with a disaffected multitude in schemes of +opposition, to divest himself of his government, was a thing scarcely to +be supposed. That he should first wink at the subversion of the +proprietary government, and afterwards refuse to govern them for the +King, when solicited so to do by the representatives and whole body of +the people, was a thing very improbable. When he arrived in the province, +he found the inhabitants discontented and unhappy; but little suspected +then they had any views of renouncing their allegiance to the +Proprietors; and the various arts the people used to conceal from him +their designs, were proofs they had every thing to fear, and nothing to +hope for from their Governor. The many attempts made to defeat their +measures were also evidences of his fidelity to their Lordships, and +firmness in support of their government. He indeed differed with Trott +and Rhett, the two favourites of the Proprietors, and perhaps to this, +among other causes, the neglect with which he was treated by their +Lordships may be ascribed. For as they discovered on all occasions such a +partial regard to these men, and placed such unlimited confidence in +them, the person who differed from them, however fair and unblemished his +character, however firmly attached to their interest, was not likely, in +such circumstances of trouble and difficulty, to escape all injurious +suspicions. We have blamed the Proprietors in many respects with regard +to the management of their colony, and we cannot think them worthy of +praise in withdrawing their countenance and friendship from a Governor, +who manifested such zeal and resolution in support of their authority. +Being equally subject to the laws of their country with the Carolineans +over whom they ruled, their power was likely to be feeble, even when +exercised in the most prudent and gentle manner; but more especially when +executed with rigour. British subjects in general abhor oppression, even +from a supreme, and it could scarcely be expected they would tamely +submit to it, from a subordinate jurisdiction. + + [Sidenote] Francis Nicolson appointed Governor by the regency. + +In the mean time the agent for Carolina had procured a hearing from the +Lords of the regency and council in England, the King being at that time +in Hanover; who gave it as their opinion, that the Proprietors had +forfeited their charter, and ordered the Attorney-general to take out a +_scire facias_ against it. In consequence of which, in September 1720, +they appointed General Francis Nicolson provisional Governor of the +province, with a commission from the King. Nicolson was a man possessed +of all the honourable principles of a good soldier. He was generous, +bold, and steady. He had been Governor of several different colonies, and +it was thought his knowledge and experience in provincial affairs would +render him well qualified for the important trust. He knew his duty as +commander and chief, and was afraid of neither dangers nor difficulties +in the execution of it; a warm friend to the King, and deeply concerned +for the prosperity of his country: scarcely could they have pitched upon +a man more fit to govern the province in such a confused and miserable +state. + + [Sidenote] General reflections on the whole transactions. + +Upon a review of those past transactions, and the various causes which +concurred for bringing about this event, which I have narrated the more +fully and circumstantially on account of the interesting nature and +important consequences of the change, we may observe, that although the +conduct of the Carolineans during this violent struggle cannot, strictly +speaking, be deemed legal, equitable and just, yet necessity, which has +no law, and self-preservation, the most powerful principle of action, +both strongly plead in their vindication. When the Proprietors first +applied to the King for a grant of this large territory, at that time +occupied by heathens, it is said they were excited thereto by their zeal +for the propagation of the Christian faith; yet it is now plain that they +have either used no endeavours for that purpose, or they have been +utterly ineffectual. The Society for the propagation of the Gospel have +indeed employed and supported missionaries for the conversion of those +heathens; yet it is a lamentable truth, that their best endeavours have +been vastly inadequate to the extent of the work, and therefore their +success has proved small and inconsiderable. The Proprietors by their +charter were empowered to build churches and chapels within the bounds of +their province for divine worship; yet they have left the burden of this +work entirely to the inhabitants, who have received no encouragement nor +assistance, except from the incorporated Society, towards its +accomplishment. They were impowered by their charter to erect castles and +forts for the protection and defence of the colony; but all those the +people have also been obliged to raise at their own expence. By the +charter his Majesty saved to himself, his heirs and successors, the +sovereign dominion of the province, and the faith and allegiance of his +subjects, the inhabitants of it, declaring them to be the liege people of +the crown of England, yet the Proprietors have assumed to themselves a +despotic authority in repealing and abrogating, by themselves alone, laws +made by the Assembly, and ratified by their deputies in Carolina. They +not only tyrannized over the poor colony, but also employed and protected +officers ten times more tyrannical than themselves. When the whole +legislature complained of Chief Justice Trott, they paid no regard to +their complaints, and absolutely refused to circumscribe his +jurisdiction, or remove him from the bench. In times of imminent danger, +when the colony applied to them for assistance, they were either unable +or unwilling to bear the expence of its protection. When the Assembly +allotted the Indian lands obtained by conquest for the encouragement of +settlers, to strengthen the Provincial frontiers, the Proprietors claimed +the sole right of disposing of those lands, and frustrated their plans of +public security. When the trade of the province was infested and ruined +by pirates, they could neither obtain a force sufficient to extirpate +them, nor a confirmation of their laws made for defraying the expense of +such expeditions as the colony fitted out against them. The current money +of the province, stamped for answering its public exigences, was, at the +request of the merchants of London, cried down and cancelled. In short +the people saw no end of troubles and dangers. Sad exigence dictated the +necessity of some remedy against their political evils. No remedy under +heaven appeared to them so proper and effectual as that of throwing +themselves under the immediate care and protection of the crown of Great +Britain. For under the excellent constitution of England, where the +supreme power was both able and willing to protect them against every +enemy, they evidently perceived they could only live happy and secure; +therefore, sick of the feeble proprietary government, the people, after +many violent struggles and convulsions, by one bold and irregular effort +entirely shook off the yoke, and a revolution, fruitful of happy +consequences, took place, to their great relief and unspeakable +satisfaction. + +The Proprietors, after long trial and frequent amendments, now finding +that fine-spun system, by which they flattered themselves with having +avoided the inconveniencies and supplied the defects of the English form +of government, useless and impracticable, were at length convinced, that +it was a much easier thing to find fault with the constitution of Old +England than to mend it. They now perceived that all forms of government +must be made for men as they really are, and not for them as they ought +to be, and that it was impossible for the wisest legislators upon earth +to mould men into any form they pleased by laws and regulations. From the +first settlement of this colony, one perpetual struggle has subsisted +between the Proprietors and possessors of the province. A division +somewhat similar to that of the court and country parties in England, +early sprung up in the settlement, and kept it in continual ferment and +agitation. The exertions of proprietary power and prerogative, the people +considered as inconsistent with their rights and privileges; hence they +became turbulent and seditious, and were seldom satisfied with their +governors in their public capacity, however esteemed and beloved as +private men. The hands of government were always weak, and the +instructions and regulations received from England were, for the most +part, ill adapted to the local circumstances of the people, and the first +state of colonization. The palatines in England and Germany, whose +jurisdiction and authority have been established by time, and whose +governments have acquired firmness and stability, would probably have +deemed this usurpation illegal and rebellious, and punished the authors +and abettors of it. No doubt a firm yet moderate opposition to the +measures of government in defence of the rights and liberties of the +people, differs as much from usurpation, as a wholesome remedy to a +disordered constitution differs from deadly poison. But the great +distance, dangerous circumstances, and complicated hardships of the +Carolineans; the negligence, bad policy and tyranny of the Proprietors; +all concurred to render their usurpation not only excuseable, but +absolutely necessary. The Revolution in England had exemplified and +confirmed the doctrine of resistance, when the executive magistrate +presumes to violate the fundamental laws, and subvert the constitution of +the nation. The Proprietors had done acts, which the Lords in regency had +declared amounted to a forfeiture of their charter, and had ordered a +writ of _scire facias_ to be taken out, for repealing their patent and +rendering the grant void and null. By which means all political +connection between the Proprietors and people of Carolina was now +entirely dissolved, and a new relation formed, the King having taken the +province under his immediate care and protection, and made it a part of +the British empire. + + [Sidenote] Nicolson's arrival occasions uncommon joy. + +About the beginning of the year 1721, Francis Nicolson arrived in +Carolina, and having the sanction of the British government for his +appointment, Mr. Johnson acquiesced in his authority, and made no more +efforts in behalf of the Lords Proprietors. The people in general +congratulated one another on the happy change, and received General +Nicolson with the most uncommon and extravagant demonstrations of joy. +The voice of murmur and discontent, together with the fears of danger and +oppression, were now banished from the province. Happy under the royal +care, they resolved to forget all former animosities and divisions, and +bury all past offences in eternal oblivion. The only contention now +remaining was, who should be the most faithful subjects of his majesty, +and the most zealous in promoting the union, peace and prosperity of the +settlement. From a confused and distracted state they now looked upon +themselves as happily delivered, and anticipated in imagination all the +blessings of freedom and security, followed by industry and plenty, +approaching, and as it were ready to diffuse their happy influence over +the country. + + [Sidenote] The people recognize King George as their lawful + sovereign. + +Soon after his arrival, Governor Nicholson issued writs for the election +of a new assembly, who now entered with great temper and cheerfulness on +the regulation of provincial affairs. They chose James Moore, their late +popular governor, speaker of the house, of whom the Governor declared his +entire approbation. The first business they engaged in, was to make an +act, declaring they recognized and acknowledged his sacred majesty King +George to be the rightful Sovereign of Great Britain, France, and +Ireland, and of all the dominions and provinces belonging to the empire, +and in particular his undoubted right to the province of Carolina. All +actions and suits at law commenced on account of the late administration +of James Moore by particular persons, creating misunderstandings and +animosities among the people, were declared void and null, till his +majesty's pleasure touching such administration shall be known; but all +judicial proceedings under the same administration were confirmed; which +acts were at this time judged proper and necessary for establishing +harmony and tranquillity among the inhabitants. The two parties formerly +subsisting, the one composed of a few adherents to Governor Johnson, and +the other of the followers of James Moore, Nicolson had the good fortune +to unite, and, by the wisdom and equity of his administration, to render +both equally happy and contented under the royal government and +protection. + + [Sidenote] The Governor regulates Indian affairs. + +Before Governor Nicolson left England, a suspension of arms between Great +Britain and Spain had been published, and by the treaty of peace which +afterwards took place, it was stipulated and agreed, that all subjects +and Indians living under their different jurisdictions should cease from +acts of hostility. Orders were sent out to Don Antonio Navidez, governor +of Florida, to forbear molesting the Carolineans; and the British +governor had also instructions to cultivate the friendship and good-will +of the Spanish subjects and Indians of Florida. In consequence of which, +Governor Nicolson, who was no stranger to the manners of savages, +resolved to apply himself with great zeal and spirit to the regulation of +Indian affairs, and to enter into treaties of friendship and alliance +with the different tribes around the settlement. As most of their +troubles from Indians had been occasioned by Europeans taking possession +of lands claimed by them, without their permission or consent; to prevent +quarrels and mischief, the first object that demanded his attention was +to fix the limits and extent of their territories, and then to forbid +encroachments on their hunting grounds. With these views he sent a +message to the Cherokees, (a powerful nation, computed at this time to +consist of no less than six thousand bowmen), acquainting them, that he +had presents to make them, and would meet them at the borders of their +territories, to hold a general congress with them, in order to treat of +mutual friendship and commerce. They rejoiced at a proposal which plainly +implied they were a free and respectable people, and immediately the +chiefs of thirty-seven different towns set out to meet him. + +At this congress the Governor having made them several presents, and +smoked the pipe of peace with them, marked the boundaries of the lands +between them and the English settlers. He regulated all weights and +measures, that justice might be done them in the way of traffic. He +appointed an agent to superintend their affairs, and, to unite them under +a common head, proposed to nominate one warrior as commander and chief of +the whole nation, before whom all complaints were to be laid, and who was +to acquaint the Governor with every injury done them. With the consent of +all present Wrosetasatow was declared chief warrior of the Cherokee +nation, with full power to punish all guilty of depredations and murders, +and to obtain satisfaction for every injury done to Indians from the +British settlers. After which the Indians returned to their towns, highly +pleased with their generous brother and new ally. The Governor then +proceeded to conclude another treaty of commerce and peace with the +Creeks, who were also at that time a numerous and formidable nation. He +likewise appointed an agent to reside among them, whose business was to +regulate Indian affairs in a friendly and equitable manner, and fixed on +Savanna river as the boundary of their hunting lands, beyond which no +settlements were to extend. Such negotiations were in many respects +useful and important; for when Europeans take possession of lands +contrary to the inclination, and without the permission and consent of +these free and independent nations who claimed them as their property, it +would puzzle a wise man to vindicate their tenure on any principles of +equity and justice. + + [Sidenote] And promotes religious institutions. + +Having now secured the province as well as possible against external +foes, Governor Nicolson turned his attention next to internal +regulations, particularly to such as respected the religious instruction +of the people. For though he mas bred a soldier, and was profane, +passionate and headstrong himself, yet he was not insensible of the great +advantage of religion to society, and contributed not a little to its +interest in Carolina, both by his public influence and private +generosity. The number of inhabitants in each parish being considerably +increased, it was found necessary to enlarge several churches for their +accommodation. The inhabitants of Sr. Paul's parish, many of whom having +had their houses burnt, and otherwise suffered heavy losses in the +Yamassee war, were obliged to apply to the public for assistance in this +laudable design. The parish of St. George was separated and taken out of +that of St. Andrews by an act of assembly, and a new church was built at +a small village called Dorchester, by public allowance and private +contributions. The inhabitants in and about Georgetown, who had long +lived without the benefit of public worship, insomuch that the appearance +of religion among them had almost entirely vanished, claimed particular +attention. To erect a church in this quarter the Governor proposed a +private subscription, and set the example by largely contributing towards +the public institution. He made application to the Society in England for +propagating the Gospel, and they supplied the province with clergymen, +giving each of them an yearly allowance over and above the provincial +salary. As no public schools had yet been instituted for the instruction +of youth in the principles of virtue and religion, the Governor urged +also the usefulness and necessity of such provincial establishments. It +was alledged, that the want of early instruction was one of the chief +sources of impiety and immorality, and if they continued any longer to +neglect the rising generation, piety and Christianity would insensibly +decay, and they would soon have a race of white people in the country +equally ignorant as the brown Indians. Animated by the example, and +assisted by the generosity of their Governor, the colonials therefore in +good earnest engaged in providing seminaries for the religious education +of youth. Besides general contributions, several particular legacies were +also left for this purpose. Mr. Whitmarsh left five hundred pounds to St. +Paul's parish, for founding a free school in it. Mr. Ludlam, the +Society's missionary at Goose-creek, bequeathed all his estate, which was +computed to amount to two thousand pounds Carolina currency, for the same +purpose. Richard Beresfords, by his will, bequeathed the annual profits +of his estate to be paid to the vestry of St. Thomas parish in trust, +until his son, then eight years of age, should arrive at the age of +twenty-one years; directing them to apply one third of the yearly profits +of this estate for the support of one or more schoolmasters, who should +teach reading, accounts, mathematics, and other liberal learning; and the +other two thirds for the support maintenance, and education of the poor +of that parish. The vestry accordingly received from this estate six +thousand five hundred pounds Carolina money, for promoting those pious +and charitable purposes. The Society in England sent out teachers, money +and books, and assisted greatly, by their zeal and bounty, towards the +religious instruction of the people. So much must be said for the honour +of Governor Nicolson, whose liberality was conspicuously displayed in +behalf of those religious institutions, and whose example excited that +spirit of emulation among the people for promoting them. In Charlestown, +and in several other parishes in the country, public schools were built +and endowed during his government, and every friend to knowledge and +virtue, every well-wisher to posterity, seemed to promise themselves the +greatest advantages from such wise and public-spirited designs. + +Though religion, rightly understood and generally practiced, is +productive of the most salutary and beneficial consequences to society, +yet nothing has a more pernicious influence than mistaken notions of it. +Of all kinds of delusion, religious enthusiasm is the most deplorable, +and has often been attended with the most melancholy and dismal effects. +By abusing the best things, they may be made the innocent occasion of the +worst. Many calamities have happened in the world, even on account of +religion, yet the fatal consequences ought not to be charged to that +divine institution which naturally breathes benevolence, gentleness and +peace, but to the ignorance and corruption of human nature, which pervert +and abuse it. Enthusiasts generally agree in two articles: they disclaim +the power and authority of the civil magistrate, and mistake their own +wild fancies, the fruits of a distempered brain, for the impulses of the +Divine Spirit, both of which are big with the most fatal consequences to +society. The desperate fanatic Venner, in the reign of Charles the +second, was not more transported with religious phrenzy and madness, than +an unfortunate family in Carolina at this time happened to be. For the +credit of the province, it were to be wished that such an incident lay +buried in eternal oblivion; but history claims the privilege of +exhibiting examples of different kinds for public instruction. If good +examples serve as a spur to stimulate men to virtue and religion, bad +ones, on the contrary, may also serve, like beacons upon a rock, to warn +men of danger and delusion. + + [Sidenote] The enthusiasm of the family of Dutartre. + +"The family of Dutartres consisting of four sons and four daughters, were +descendents of French refugees, who came into Carolina after the +revocation of the edict of Nantz. They lived in Orange-quarter and though +in low circumstances, always maintained an honest character, and were +esteemed by their neighbours persons of blameless and irreproachable +lives. But at this time a strolling Moravian preacher happening to come +to that quarter where they lived, insinuated himself into their family, +and partly by conversation, and partly by the writings of Jacob Behman, +which he put into their hands, filled their heads with wild and fantastic +ideas. Unhappily for the poor family those strange notions gained ground +on them, insomuch that in one year they began to withdraw themselves from +the ordinances of public worship, and all conversation with the world +around them, and strongly to imagine they were the only family upon earth +who had the knowledge of the true God, and whom he vouchsafed to +instruct, either by the immediate impulses of his Spirit, or by signs and +tokens from heaven. At length it came to open visions and revelations. +God raised up a prophet among them, like unto Moses, to whom he taught +them to hearken. This prophet was Peter Rombert, who had married the +eldest daughter of the family when a widow. To this man the Author and +Governor of the world deigned to reveal, in the plainest manner, that the +wickedness of man was again so great in the world, that as in the days of +Noah he was determined to destroy all men from off the face of it, except +one family whom he would save for raising up a godly seed upon earth. +This revelation Peter Rombert was sure of, and felt it as plain as the +wind blowing on his body, and the rest of the family, with equal +confidence and presumption, firmly believed it. + +"A few days after this, God was pleased to reveal himself a second time +to the prophet, saying, Put away the woman whom thou hast for thy wife, +and when I have destroyed this wicked generation, I will raise up her +first husband from the dead, and they shall be man and wife as before, +and go thou and take to wife her youngest sister, who is a virgin, so +shall the chosen family be restored entire, and the holy seed preserved +pure and undefiled in it. At first the father, when he heard of this +revelation, was staggered at so extraordinary a command from heaven; but +the prophet assured him that God would give him a sign, which accordingly +happened; upon which the old man took his youngest daughter by the hand, +and gave her to the wise prophet immediately for his wife, who without +further ceremony took the damsel and deflowered her. Thus for some time +they continued in acts of incest and adultery, until that period which +made the fatal discovery, and introduced the bloody scene of blind +fanaticism and madness. + +"Those deluded wretches were so far possessed with the false conceit of +their own righteousness and holiness, and of the horrid wickedness of all +others, that they refused obedience to the civil magistrate, and all laws +and ordinances of men. Upon pretence that God commanded them to bear no +arms, they not only refused to comply with the militia law, but also the +law for repairing the high-ways. After long forbearance, Mr. Simmons, a +worthy magistrate, and the officer of the militia in that quarter, found +it necessary to issue his warrants for levying the penalty of the laws +upon them. But by this time Judith Dutartre, the wife the prophet +obtained by revelation, proving with child, another warrant was issued +for bringing her before the Justice to be examined, and bound over to the +general sessions, in consequence of a law of the province, framed for +preventing bastardy. The constable having received his warrants, and +being jealous of meeting with no good usage in the execution of his +office, prevailed on two or three of his neighbours to go along with him. +The family observing the constable coming, and being apprized of his +errand, consulted their prophet, who soon told them that God commanded +them to arm and defend themselves against persecution, and their +substance against the robberies of ungodly men; assuring them at the same +time that no weapon formed against them should prosper. Accordingly they +did so, and laying hold of their arms, fired on the constable and his +followers, and drove them out of their plantation. Such behaviour was not +to be tolerated, and therefore Captain Simmons gathered a party of +militia, and went to protect the constable in the execution of his +office. When the deluded family saw the Justice and his party +approaching, they shut themselves up in their house, and firing from it +like furies, shot Captain Simmons dead on the spot, and wounded several +of his party. The militia returned the fire, killed one woman within the +house, and afterwards forcibly entering it, took the rest prisoners, six +in number, and brought them to Charlestown. + + [Sidenote] Their trial and condemnation. + +"At the Court of general sessions, held in September 1724, three of them +were brought to trial, found guilty and condemned. Alas! miserable +creatures, what amazing infatuation possessed them! They pretended they +had the Spirit of God leading them to all truth, they knew it and felt +it: but this spirit, instead of influencing them to obedience, purity and +peace, commanded them to commit rebellion, incest, and murder. What is +still more astonishing, the principal persons among them, I mean the +prophet, the father of the family, and Michel Boneau, never were +convinced of their delusion, but persisted in it until their last breath. +During their trial they appeared altogether unconcerned and secure, +affirming that God was on their side, and therefore they feared not what +man could do unto them. They freely told the incestuous story in open +court in all its circumstances and aggravations, with a good countenance, +and very readily confessed the facts respecting their rebellion and +murder, with which they stood charged, but pled their authority from God +in vindication of themselves, and insisted they had done nothing in +either case but by his express command. + +"As it is commonly the duty of clergymen to visit persons under sentence +of death, both to convince them of their error and danger, and prepare +them for death by bringing them to a penitent disposition; Alexander +Garden, the episcopal minister of Charlestown, to whom we are indebted +for this account, attended those condemned persons with great diligence +and concern. What they had affirmed in the court of justice, they +repeated and confessed to him in like manner in the prison. When he began +to reason with them and to explain the heinous nature of their crimes, +they treated him with disdain. Their motto was, Answer him not a word; +who is he that should presume to teach them, who had the Spirit of God +speaking inwardly to their souls. In all they had done, they said they +had obeyed the voice of God, and were now about to suffer martyrdom for +his religion. But God had assured them, that he would either work a +deliverance for them, or raise them up from the dead on the third day. +These things the three men continued confidently to believe, and +notwithstanding all the means used to convince them of their mistake, +persisted in the same belief until the moment they expired. At their +execution they told the spectators with seeming triumph, they should soon +see them again, for they were certain they should rise from the dead on +the third day. With respect to the other three, the daughter Judith being +with child, was not tried, and the two sons, David and John Dutartre, +about eighteen and twenty years of age, having been also tried and +condemned, continued sullen and reserved, in hopes of seeing those that +were executed rise from the dead, but being disappointed, they became, or +at least seemed to become, sensible of their error, and were both +pardoned. Yet not long afterwards one of them relapsed into the same +snare, and murdered an innocent person, without either provocation or +previous quarrel, and for no other reason, as he confessed, but that God +had commanded him so to do. Being a second time brought to trial, he was +found guilty of murder and condemned. Mr. Garden attended him again under +the second sentence, and acknowledged, with great appearance of success. +No man could appear more deeply sensible of his error and delusion, or +could die a more sincere and hearty penitent on account of his horrid +crimes. With great attention he listened to Mr. Garden, while he +explained to him the terms of pardon and salvation proposed in the +Gospel, and seemed to die in the humble hopes of mercy, through the +all-sufficient merits of a Redeemer." + +Thus ended that tragical scene of fanaticism, in which seven persons lost +their lives, one was killed, two were murdered, and four executed for the +murders. A signal and melancholy instance of the weakness and frailty of +human nature, and to what giddy heights of extravagance and madness, an +inflamed imagination will carry unfortunate mortals. It is hard for the +wisdom of men to conceive a remedy for a distemper such as religious +infatuation. Severity and persecution commonly add strength to the +contagion, and render it more furious. Indulgence and lenity might +perhaps prove more efficacious, as the swellings of phrenzy would in time +subside, in proportion as they exceed the bounds of nature. Had they +given this unhappy family time for cool thought and reflection, it is not +improbable that those clouds of delusion which overspread their minds +might have dispersed, and they might have returned to a sense of their +frailty and error. But it belongs to the civil power to prohibit wild +enthusiasts and mad visionaries from spreading doctrines among vulgar +people, destructive of civil order and public peace. The majority of +mankind every where are ignorant and credulous, and therefore are objects +of compassion, and ought to be protected against the baleful influence of +such men as seduce them from their duty and subjection to legal +authority, by poisoning their minds with notions hurtful to themselves +and others. + + [Sidenote] Progress of the colony. + +About this time the number of white inhabitants, including men, women, +and children, was computed to amount to fourteen thousand, an increase, +in the space of fifty-four years after the arrival of first colony, very +small and inconsiderable, and occasioned, no doubt, both by the +unhealthiness of the climate and by the discouragements and troubles +which prevailed during the proprietary government. The province now +furnished the inhabitants with provisions in abundance, and exported what +it could spare to the West Indies. The white inhabitants lived frugally, +as luxury had not yet crept in among them, and, except a little rum and +sugar, tea and coffee, were contented with what their plantations +afforded. Maize and Indian pease seemed congenial with the soil and +climate: and as they had been cultivated by the savages for provision, +they were found also to be excellent food for European labourers, and +more wholesome and nourishing than rice. Maize delights not to grow on a +watry soil, but on dry and loose land, such as the higher spots on the +maritime parts of the province. As the use of the plow could not be +introduced until the lands were cleared of the roots of trees, to prepare +a field for planting it great labour was requisite. They commonly made +ridges with the hoe about five feet asunder, upon the top of which they +planted the seed three inches deep. One gallon of maize will sow an acre, +which, with skilful management on good lands, will yield in favourable +seasons from thirty to fifty bushels. While it grows it requires to be +frequently weeded, and the earth carefully thrown up about the root of +the plant, to facilitate its progress. As it rises high, at the root of +it the Indian pease are usually planted, which climb up its stalk like a +vine, so that the lands yield a double crop. From the stem of maize large +blades spring, which the planters carefully gather, and which, when +properly cured, the horses or cattle will prefer before the finest hay. +These two articles, maize, Indian pease, together with the Spanish +potatoes, are the chief subsistence of their slaves, consisting chiefly +of negroes and a few Indians, and who, at this time, men, women, and +children, amounted to between sixteen and twenty thousand. + +In the year 1724, four hundred and thirty-nine slaves, as also British +goods and manufactures of different kinds, to the amount of between fifty +and sixty thousand pounds sterling, were imported into the province. In +exchange for these slaves and commodities, eighteen thousand barrels of +rice, and about fifty-two thousand barrels of pitch, tar and turpentine, +together with deer-skins, furs, and raw silk, were exported to England. +This trade was carried on almost entirely in British ships, and employed +a number of hands. The Carolineans also traded to the West Indies, and +several small ships and sloops were employed in carrying provisions, +lumber, slaves and naval stores to these islands, which they bartered for +sugar, rum, molasses, coffee, cotton, and Spanish gold and silver. To New +England, New York, and Pennsylvania, they sent some rice, hides, +deer-skins, tar and pitch, which they exchanged for flour, salt fish, +fruit, beer, and cyder. + +All gold and silver that came into the province from the West Indies they +commonly sent into Britain, to answer the demands against them; and bills +of credit continued increasing and circulating, for the convenience of +domestic commerce. Forty thousand pounds were issued during Nicolson's +government, over and above former emissions, by which increase the +exchange with Britain, and the price of produce arose in one year from +five to six hundred _per cent_. This has never failed to be the +consequence of issuing large quantities of paper money in Carolina: for +whenever this currency was permitted to increase beyond what was +necessary for the purposes of commerce, it sunk in value, and +proportionably increased the nominal price of provisions and labour; and +of course should it by any accident be diminished, the price would again +fall. Besides this, when the imports happened to exceed the exports, the +great demand for bills of exchange raised the price of them, and helped +to increase the depreciation of the current money of the province. + + [Sidenote] The adventure of Captain Beale. + +Among other traders, at this time Othneal Beale commanded a ship in the +Carolina trade; and while sailing from Charlestown to London, not being +provided with a Mediterranean pass, he was taken by an Algerine rover, +who determined to carry him to Barbary, and for this purpose took the +English sailors on board, and manned Captain Beale's ship with Algerines, +giving them orders to follow him to the Mediterranean sea. Soon after, a +storm arising in the night separated the two ships, and Captain Beale +being the only person on board that understood navigation, resolved to +avail himself of the advantage, and accordingly, instead of sailing for +Africa, steered directly for England. Upon his arrival the Algerine +sailors were surprized, but not at all displeased; they even confessed to +their ambassador the kind usage they had received; upon which Captain +Beale had all he lost returned by agreement, together with thanks for his +humanity. This bold adventure likewise procured the captain the honour of +an introduction to the King, who expressed a desire of seeing him, and +ordered Lord Carteret, then Secretary of state, to make him a handsome +present on the occasion. This memorable anecdote being published, served +to mark him for a man of address and courage in Carolina, where he +afterwards took up his residence, and in time arrived at the chief +command of the militia, was made a member of his majesty's council, and +died at the age of eighty-five, a rare instance of longevity in that +country. + + [Sidenote] Arthur Middleton president. + +In the year 1725, Governor Nicolson having obtained leave from his +majesty, returned to Great Britain, and the government devolved on Arthur +Middleton, president of the council. Mr. Middleton, though of a reserved +and mercenary disposition, was a sensible man, and by no means ill +qualified for governing the province. But having succeeded a man who +liberally spent all his salary and perquisites of office in promoting the +public good, he was neither so much distinguished nor respected among the +colonists. Being possessed of a moderate fortune, his chief study was to +improve it, and he seemed to aspire after the character of a rich man in +private life, rather than that of a popular governor and generous +benefactor. As he had taken an active part against the proprietary +government, he was not insensible of the advantages now gained from the +countenance given them by the crown, and was equally careful to promote +loyalty to the King as the freedom and safety of his fellow-subjects. + + [Sidenote] A dispute about the boundaries between Carolina and + Florida. + +At this time the boundaries between the provinces of Carolina and Florida +were neither clearly marked nor well understood, as they had never been +settled by any public agreement or treaty between England and Spain. To +prevent negroes escaping to the Spanish territories, and overawe the +Indians under the Spanish juridiction, the Carolineans had built a fort +on the forks of the river Alatamaha, and supported a small garrison in +it. This gave umbrage to the governor of Augustine, who complained of it +to the court of Madrid, representing it as an encroachment on the +dominions of Spain, and intended to seduce the Indians from their +allegiance to his Catholic Majesty. The Spanish ambassador at London +lodged the complaint before the court of Britain, and demanded that +orders be sent out to Carolina immediately to demolish the fort. To +prevent any interruption of the good correspondence then subsisting +between the two courts, it was agreed to send orders to both governors in +America to meet in an amicable manner, and settle the respective +boundaries between the British and Spanish dominions in that quarter. +Accordingly soon after Don Francisco Menandez, and Don Joseph de Rabiero, +came to Charlestown, to hold a conference with the president and council +of Carolina about this matter. At their meeting, Mr. Middleton shewed +those deputies, that this fort was built within the bounds of the charter +granted to the Proprietors, and that the pretensions of Spain to such +lands were vain and groundless. At the same time he told them, that the +fort on the river Alatamaha was erected for defending themselves and +their property against the depredations of Indians living under the +jurisdiction of Spain. Then he begged to know from them their reasons for +protecting felons and debtors that fled from Carolina to them, and for +encouraging negroes to leave their masters and take refuge at Augustine, +while peace subsisted between the two crowns? The deputies replied, That +the governor of Florida would deliver up all felons and debtors; but had +express orders for twenty years past, to detain all slaves who should fly +to Augustine for liberty and protection. Middleton declared he looked on +such injurious orders as a breach of national honour and faith, +especially as negroes were real property, such as houses and lands, in +Carolina. The deputies answered, That the design of the King of Spain was +not to injure private men, having ordered compensation to be made to the +masters of such slaves in money; but that his humanity and religion +enjoined him to issue such orders for the sake of converting slaves to +the Christian faith. In short, the conference ended to the satisfaction +of neither party, and matters remained as they were; but soon after, the +English fort, built of wood, was burned to the ground, and the southern +frontiers of Carolina were again left naked and defenceless. + + [Sidenote] Colonel Palmer makes reprisals on the Spaniards. + +As no final agreement, with respect to the limits of the two provinces +had been concluded, the Indians in alliance with Spain continued to +harass the British settlements: particularly the Yamassees, as usual, +penetrating into Carolina in scalping parties, persisted in killing white +men, and carrying off every negroe they could catch. Though the owners of +slaves had been allowed from the Spanish government a compensation in +money for their losses, yet few of them ever received it. At length +Colonel Palmer resolved to make reprisals on those plunderers, since no +adequate recompense could otherwise be obtained. For this purpose he +gathered together a party of militia and friendly Indians, consisting in +all of about three hundred men, and entered Florida, with a resolution of +spreading desolation throughout the province. He carried his arms as far +as the gates of Augustine, and compelled the inhabitants to take refuge +in their castle. Scarce a house or hut in the colony escaped the flames. +He destroyed their provisions in the fields, and drove off their cattle, +hogs and horses. Some Indians he killed, and others he made prisoners. In +short, he left the people of Florida little property, except what was +protected by the guns of their fort, and by this expedition convinced the +Spaniards of their weakness, and the bad policy of encouraging Indians to +molest the subjects of Britain. He shewed them that the Carolineans could +prevent the cultivation and settlement of their province whenever they +pleased, and render the improvement of it impracticable, on any other +than peaceable terms with their neighbours. + + [Sidenote] Encroachment of the French in Louisiana. + +But by this time the Spaniards were not the only neighbours that created +trouble to the Carolineans. The French settled in Louisiana were also +advancing nearer them, and using all their art and address for gaining +the interest and affections of these savage nations. They erected a +strong hold, called Fort Alabama, high up on Mobile river, which was +excellently situated for opening and carrying on a correspondence with +the most powerful nations around the British settlement. The Carolineans +had good reason to be on their guard against the influence of these +intimating and enterprising neighbours. The tribes of Upper Creeks, whose +hunting lands extended to their fort, were soon won over by promises and +largesses to an alliance with them. The Cherokees indeed lived at a +greater distance from them, and yet by means of Creeks and other +emissaries, whom they sent among them, they endeavoured also to bring +than over to their interest. The river Mississippi being navigable a +great way from its mouth, opened a communication with the Choctaws, +Chikesaws, and other nations residing near it. So that the French had +many excellent opportunities of seducing Indians from their alliance with +Britain. The president of Carolina employed Captain Tobias Fitch among +the Creeks, and Colonel George Chicken among the Cherokees, to keep these +tribes steady and firm to the British interest. These agents, however, +during the whole time Mr. Middleton presided over the colony, found no +small difficulty in counteracting the influence of French policy, and +preventing their union and alliance with these enemies. From this period +the British and French settlers in America became competitors for power +and influence over Indian nations, the one or the other of whom were +always exposed to danger and trouble from them, in proportion to the +success of their rivals. Now the Carolineans were farther from peace and +safety than ever. The French supplied these savages with tomahawks, +muskets, and ammunition, by which means they laid aside the bow and +arrow, and became more dangerous and formidable enemies than they had +been in any former period. + + [Sidenote] A terrible hurricane. + +During the summer of 1728, the weather in Carolina was observed to be +uncommonly hot, by which the face of the earth was entirely parched, the +pools of standing water dried up, and the beasts of the field were +reduced to the greatest distress. After such a long and general drought +the inhabitants having usually observed hurricanes and tornadoes to +follow in autumn, they began accordingly to look out with superstitious +dread for them, as that season of the year approached. Accordingly a +dreadful hurricane happened in the end of August, and occasioned an +inundation, which overflowed the town and the low lands, and did +incredible damage to the fortifications, houses, wharfs, shipping, and +cornfields. The streets of Charlestown were covered with boats, boards, +staves, and the inhabitants were obliged to take refuge in the higher +stories of their dwelling-houses. Twenty-three ships were driven a-shore, +most of which were either greatly damaged, or dashed to pieces. The Fox +and Garland men of war, stationed there for the protection of trade, were +the only ships that rode out the storm. This hurricane, though it +levelled many thousand trees in the maritime parts, yet so thick was the +forest, that it was scarcely perceived an hundred miles from the shore. +But as such violent storms are probably occasioned by the rarefaction of +the air, with excessive heat, they are seldom of long duration, for +having restored the equipoise in the atmosphere, the wind commonly +shifts, and the tempest ceases. + + [Sidenote] And Yellow Fever. + +The same year an infectious and pestilential distemper, commonly called +the Yellow Fever, broke out in town, and swept off multitudes of the +inhabitants, both white and black. As the town depended entirely on the +country for fresh provisions, the planters would suffer no person to +carry supplies to it, for fear of catching the infection, and bringing it +to the country. The physicians knew not how to treat the uncommon +disorder which was so suddenly caught, and proved so quickly fatal. The +calamity was so general, that few could grant assistance to their +distressed neighbours, however much needed and earnestly desired. So many +funerals happening every day, while so many lay sick, white persons +sufficient for burying the dead were scarcely to be found; and though +they were often interred on the same day they died, so quick was the +putrefaction, so offensive and infectious were the corpses, that even the +nearest relations seemed averse from the necessary duty. + + [Sidenote] The Province purchased for the crown. + +After all, one memorable event distinguished this year, which was +attended with many beneficial consequences to the province. An act of +parliament passed in Britain for establishing an agreement with seven of +the Proprietors for a surrender of their right and interest, not only in +the government, but also in the soil and lands of the province, to the +King. The purchase was made for seventeen thousand five hundred pounds +sterling, to be paid before the end of September 1729, free of all +deductions; after which payment, the province was to be vested in the +crown of Great Britain. At the same time seven-eight parts of the arrears +of quit-rents, due from the colonists to the Proprietors, amounting to +somewhat more than nine thousand pounds sterling, were also purchased for +the crown for five thousand; so that seven-eight parts of this vast +territory cost no more than twenty-two thousand five hundred pounds. But, +in this act of parliament there is a clause, reserving to John Lord +Carteret the remaining eight share of the property and arrears of +quit-rents, which continues to this day legally vested in that family, +only all his share in the government he surrendered to the crown. The +Proprietors who sold their shares at this time, were Henry Duke of +Beaufort, William Lord Craven, James Bertie, Dodington Greville, Henry +Bertie, Mary Danson, Elisabeth More, Sir John Colleton, John Cotton, and +Joseph Blake, who before the surrender were possessed, either in their +own right or in trust, of seven eight parts of the government and +property of the province. This surrender was made to Edward Bertie, +Samuel Horsey, Henry Smith, and Alexis Clayton, in trust for the crown. +In consequence of the powers granted to his Majesty by this act of +parliament, he claims the prerogative of appointing Governors to both +South and North Carolina, and a council similar to the other regal +governments in America. + + +THE END OF VOLUME FIRST. + + +The First SET Of The + +FUNDAMENTAL CONSTITUTIONS + +Of + +SOUTH CAROLINA. + +As Compiled By Mr. JOHN LOCKE. + +Our Sovereign Lord The King having, out of his royal grace and bounty, +granted unto us the province of CAROLINA, with all the royalties, +properties, jurisdictions and privileges of a county palatine, as large +and ample as the county palatine of Durham, with other great privileges; +for the better settlement of the government of the said place, and +establishing the interest of the Lords Proprietors with equality, and +without confusion; and that the government of this province may be made +most agreeable to the monarchy under which we live, and of which this +province is a part; and that we may avoid erecting a numerous democracy: +we the Lords and Proprietors of the province aforesaid, have agreed to +this following form of government to be perpetually established amongst +us, unto which we do oblige ourselves, our heirs and successors, in the +most binding ways that can be devised. + +I. The eldest of the Lords Proprietors shall be Palatine; and, upon the +decease of the Palatine, the eldest of the seven surviving proprietors +shall always succeed him. + +II. There shall be seven other chief offices erected, viz. the admirals, +chamberlains, chancellors, constables, chief justices, high stewards, and +treasurers; which places shall be enjoyed by none but the Lords +Proprietors, to be assigned at first by lot; and upon the vacancy of any +one of the seven great offices by death, or otherwise, the eldest +proprietor shall have his choice of the said place. + +III. The whole province shall be divided into counties; each county shall +consist of eight signiories, eight baronies, and four precincts; each +precinct shall consist of six colonies. + +IV. Each signiory, barony, and colony, shall consist of twelve thousand +acres; the eight signiories being the share of the eight proprietors, and +the eight baronies of the nobility; both which shares, being each of them +one fifth part of the whole, are to be perpetually annexed, the one to +the proprietors, the other to the hereditary nobility, leaving the +colonies, being three fifths, amongst the people; that so in setting out, +and planting the lands, the balance of the government may be preserved. + +V. At any time before the year one thousand seven hundred and one, any of +the Lords Proprietors shall have power to relinquish, alienate, and +dispose, to any other person, his proprietorship, and all the signiories, +powers, and interest, thereunto belonging, wholly and entirely together, +and not otherwise. But, after the year one thousand seven hundred, those +who are then Lords Proprietors shall not have power to alienate or make +over their proprietorship, with the signiories and privileges thereunto +belonging, or any part thereof, to any person whatsoever otherwise than +as in Paragraph XVIII; but it shall all descend unto their heirs male, +and, for want of heirs male, it shall all descend on that Landgrave or +Cassique of CAROLINA, who is descended of the next heirs female of the +Proprietor; and, for want of such heirs, it shall descend on the next +heir general; and, for want of such heirs, the remaining seven +proprietors shall, upon the vacancy, chuse a Landgrave to succeed the +deceased proprietor, who being chosen by the majority of the seven +surviving proprietors, he and his heirs successively shall be +proprietors, as fully to all intents and purposes as any of the rest. + +VI. That the number of eight proprietors may be constantly kept; if, upon +the vacancy of any proprietorship, the seven surviving proprietors shall +not chuse a Landgrave to be a proprietor, before the second biennial +parliament after the vacancy; then the next biennial parliament but one +after such vacancy, shall have power to chuse any landgrave to be a +proprietor. + +VII. Whosoever after the year one thousand seven hundred, either by +inheritance or choice, shall succeed any proprietor in his proprietorship, +and signiories thereunto belonging shall be obliged to take the name and +arms of that proprietor whom he succeeds; which from thenceforth shall be +the name and arms of his family and their posterity. + +VIII. Whatsoever Landgrave or Cassique shall any way come to be a +proprietor, shall take the signiories annexed to the said proprietorship; +but his former dignity, with the baronies annexed, shall devolve into the +hands of the Lords Proprietors. + +IX. There shall be just as many landgraves as there are counties, and +twice as many cassiques, and no more. These shall be the hereditary +nobility of the province, and by right of their dignity be members of +parliament. Each landgrave shall have four baronies, and each cassique +two baronies, hereditarily and unalterably annexed to, and settled upon, +the said dignity. + +X. The first landgraves and cassiques of the twelve first counties to be +planted, shall be nominated thus; that is to say, of the twelve +landgraves the Lords Proprietors shall each of them separately for +himself nominate and chuse one; and the remaining four landgraves of the +first twelve, shall be nominated and chosen by the Palatine's court. In +like manner of the twenty-four first cassiques, each proprietor for +himself shall nominate and chuse two, and the remaining eight shall be +nominated and chosen by the Palatine's court; and when the twelve first +counties shall be planted, the Lords Proprietors shall again in the same +manner nominate and chuse twelve more landgraves, and twenty-four +cassiques, for the twelve next counties to be planted; that is to say, +two thirds of each number by the single nomination of each proprietor for +himself, and the remaining one-third by the joint election of the +Palatine's court, and so proceed in the same manner till the whole +province of CAROLINA be set out and planted, according to the proportions +in these FUNDAMENTAL CONSTITUTIONS. + +XI. Any landgrave or cassique at any time before the year one thousand +seven hundred and one shall have power to alienate, sell, or make over, +to any other person, his dignity, with the baronies thereunto belonging, +all entirely together. But, after the year one thousand seven hundred, no +landgrave or cassique shall have power to alienate, sell, make over, or +let, the hereditary baronies of his dignity, or any part thereof, +therwise than as in Paragraph XVIII; but they shall all entirely, with +the dignity thereunto belonging, descend unto his heirs male; and, for +want of heirs male, all entirely and undivided, to the next heir general; +and, for want of such heirs, shall devolve into the hands of the Lords +Proprietors. + +XII. That the due number of landgraves and cassiques may be always kept +up; if, upon the devolution of any land graveship or cassiqueship, the +Palatine's court shall not settle the devolved dignity, with the baronies +thereunto annexed, before the second biennial parliament after such +devolution; the next biennial parliament but one after such devolution +shall have power to make any one landgrave or cassique in the room of +him, who, dying without heirs, his dignity and baronies devolved. + +XIII. No one person shall have more than one dignity, with the signiories +or baronies thereunto belonging. But whensoever it shall happen that any +one, who is already proprietor, landgrave, of cassique, shall have any of +these dignities descend to him by inheritance; it shall be at his choice +to keep which of the dignities, with the land annexed, he shall like +best; but shall leave the other, with the lands annexed, to be enjoyed by +him, who, not being his heir apparent and certain successor to his +present dignity, is next of blood. + +XIV. Whosoever, by the right of inheritance, shall come to be landgrave +or cassique, shall take the name and arms of his predecessor in that +dignity, to be from thenceforth the name and arms of his family and their +posterity. + +XV. Since the dignity of proprietor, landgrave, or cassique, cannot be +divided, and the signiories or baronies thereunto annexed must for ever +all entirely descend with, and accompany that dignity; whensoever, for +want of heirs male, it shall descend on the issue female, the eldest +daughter and her heirs shall be preferred, and in the inheritance of +those dignities, and the signiories or baronies annexed, there shall be +no co-heirs. + +XVI. In every signiory, barony and manor, the respective lord shall have +power, in his own name, to hold court-leet there, for trying of all +causes both civil and criminal; but where it shall concern any person +being no inhabitant, vassal, or leet-man of the said signiory, barony, or +manor, he, upon paying down of forty shillings to the Lords Proprietor's +use, shall have an appeal from the signiory or barony-court to the +county-court, and from the manor-court to the precinct-court. + +XVII. Every manor shall consist of not less than three thousand acres, +and not above twelve thousand aces, in one entire piece and colony; but +any three thousand acres or more in one piece, and the possession of one +man, shall not be a manor unless it be constituted a manor by the grant +of the Palatine's court. + +XVIII. The lords of signiories and baronies shall have power only of +granting estates not exceeding three lives, or thirty-one years, in two +thirds of the said signiories or baronies, and the remaining third shall +be always demesne. + +XIX. Any lord of a manor may alienate, sell, or dispose, to any other +person and his heirs for ever, his manor, all entirely together, with all +the privileges and leet-men thereunto belonging, so far forth as any +colony lands; but no grant of any part thereof, either in fee, or for any +longer term than three lives, or one and twenty years, shall be good +against the next heir. + +XX. No manor, for want of issue male, shall he divided amongst co-heirs; +but the manor, if there be but one, shall all entirely descend to the +eldest daughter and her heirs. If there be more manors than one, the +eldest daughter first shall have her choice, the second next, and so on, +beginning again at the eldest, till all the manors be taken up; that so +the privileges which belong to manors being indivisible, the lands of the +manors, to which they are annexed, may be kept entire, and the manor not +lose those privileges, which, upon parceling out to several owners, must +necessarily cease. + +XXI. Every lord of a manor, within his manor, shall have all the powers, +jurisdictions, and privileges, which a landgrave or cassique have in his +baronies. + +XXII. In every signiory, barony, and manor, all the leet-men shall be +under the jurisdiction of the respective lords of the said signiory, +barony, or manor without appeal from him. Nor shall any leet-man, or +leet-woman, have liberty to go off from the land of their particular +lord, and live any where else, without licence obtained from their said +lord, under hand and seal. + +XXIII. All the children of leet-men shall be leet-men, and so to all +generations. + +XXIV. No man shall be capable of having a court-leet, or leet-men, but a +proprietor, landgrave, cassique, or lord of a manor. + +XXV. Whoever shall voluntarily enter himself a leet-man, in the registry +of the county-court, shall be a leet-man. + +XXVI. Whoever is lord of leet-men, shall, upon the marriage of a leet-man +or leet-woman of his, give them ten acres of land for their lives; they +paying to him therefore not more than one eighth part of all the yearly +produce and growth of the said ten acres. + +XXVII. No landgrave or cassique shall be tried for any criminal cause in +any but the chief justice's court, and that by a jury of his peers. + +XXVIII. There shall be eight supreme courts. The first called the +Palatine's court, consisting of the palatine and the other seven +proprietors. The other seven courts of the other seven great officers, +shall consist each of them of a proprietor, and six counsellors added to +him. Under each of these latter seven courts, shall be a college of +twelve assistants. The twelve assistants of the several colleges shall be +chosen, two out of the landgraves, cassiques, or eldest sons of +proprietors, by the Palatine's court; two out of the landgraves, by the +landgraves chamber; two out of the cassiques, by the cassique's chamber; +four more of the twelve shall be chosen by the commons chamber, out of +such as have been, or are, members of parliament, sheriffs, or justices +of the county court, or the younger sons of proprietors, or eldest sons +of landgraves or cassiques; the two other shall be chosen by the +palatine's court, out of the same sort of persons, out of which the +commons chamber is to chuse. + +XXIX. Out of these colleges shall be chosen at first, by the Palatine's +court, six counsellors, to be joined with each proprietor in his court; +of which six, one shall be of those who were chosen in any of the +colleges by the Palatine's court, out of the landgraves, cassiques, or +eldest sons of proprietors; one out of those who were chosen by the +landgraves chamber; and one out of those who were chosen by the cassiques +chamber; two out of those who were chosen by the commons chamber; and one +out of those who were chosen by the Palatine's court, out of the +proprietors younger sons, or eldest sons of landgraves, cassiques, or +commons, qualified as aforesaid. + +XXX. When it shall happen that any counsellor dies, and thereby there is +a vacancy, the grand council shall have power to remove any counsellor +that is willing to be removed out of any of the proprietors courts to +fill up the vacancy; provided they take a man of the same degree and +choice the other was of, whose vacant place is to be filled up. But if no +counsellor consent to be removed, or upon such remove, the last remaining +vacant place, in any of the proprietor's courts, shall be filled up by +the choice of the grand council, who shall have power to remove out of +any of the colleges, any assistant, who is of the same degree and choice +that counsellor was of, into whose vacant place he is to succeed. The +grand council also shall have power to remove any assistant, that is +willing, out of one college into another, provided he be of the same +degree and choice. But the last remaining vacant place in any college, +shall be filled up by the same choice, and out of the same degree of +persons the assistant was of, who is dead or removed. No place shall be +vacant in any proprietor's court above six months. No place shall be +vacant in any college longer than the next session of parliament. + +XXXI. No man, being a member of the grand council, or of any of the seven +colleges, shall be turned out but for misdemeanour, of which the grand +council shall be judge; and the vacancy of the person so put out shall be +filled, not by the election of the grand council, but by those who first +chose him, and out of the same degree he was of who is expelled. But it +is not hereby to be understood, that the grand council hath any power to +turn out any one of the Lords Proprietors or their deputies, the Lords +Proprietors having in themselves an inherent original right. + +XXXII. All elections in the parliament, in the several chambers of the +parliament, and in the grand council, shall be passed by balloting. + +XXXIII. The Palatine's court shall consist of the Palatine and seven +proprietors, wherein nothing shall be acted without the presence and +consent of the Palatine or his deputy, and three others of the +proprietors or their deputies. This court shall have power to call +parliaments, to pardon all offences, to make elections of all officers in +the proprietor's dispose, and to nominate and appoint Port Towns; and +also shall have power by their order to the treasurer to dispose of all +public treasure, excepting money granted by the parliament, and by them +directed to some particular public use; and also shall have a negative +upon all acts, orders, votes and judgments, of the grand council and the +parliament, except only as in Paragraphs VI. and XII.; and shall have all +the powers granted to the Lords Proprietors, by their patent from OUR +SOVEREIGN LORD THE KING, except in such things as are limited by these +FUNDAMENTAL CONSTITUTIONS. + +XXXIV. The Palatine himself, when he in person shall be either in the +army or in any of the proprietors courts, shall then have the power of +general, or of that proprietor, in whose court he is then present; and +the proprietor, in whose court the Palatine then presides, shall during +his presence there be but as one of the council. + +XXXV. The chancellor's court, consisting of one of the proprietors, and +his six counsellors, who shall be called vice-chancellors, shall have +the custody of the seal of the palatine, under which all charters of +lands, or otherwise, commissions and grants of the Palatine's court, +shall pass. And it shall not be lawful to put the seal of the palatinate +to any writing, which is not signed by the Palatine or his deputy, and +three other proprietors or their deputies. To this court also belong all +state matters, dispatches, and treaties with the neighbour Indians. To +this court also belong all invasions of the law, of liberty of +conscience, and all disturbances of the public peace, upon pretence of +religion, as also the licence of printing. The twelve assistants +belonging to this court shall be called recorders. + +XXXVI. Whatever passes under the seal of the palatinate, shall be +registered in that proprietor's court, to which the matter therein +contained belongs. + +XXXVII. The chancellor or his deputy shall be always speaker in +parliament, and president of the grand council, and, in his and his +deputy's absence, one of his vice-chancellors. + +XXXVIII. The chief justice's court, consisting of one of the proprietors +and his six counsellors, who shall be called justices of the bench, shall +judge all appeals in cases both civil and criminal, except all such cases +as shall be under the jurisdiction and cognizance of any other of the +proprietor's courts, which shall be tried in those courts respectively. +The government and regulation of the registries of writings and +contracts, shall belong to the jurisdiction of this court. The twelve +assistants of this court shall be called masters. + +XXXIX. The constable's court, consisting of one of the proprietors and +his six counsellors, who shall be called marshals, shall order and +determine of all military affairs by land, and all land-forces, arms, +ammunition, artillery, garrisons, forts, &c. and whatever belongs unto +war. His twelve assistants shall be called lieutenant-generals. + +XL. In time of actual war, the constable, while he is in the army, shall +be general of the army, and the six counsellors, or such of them as the +Palatine's court shall for that time or service appoint, shall be the +immediate great officers under him, and the lieutenant-generals next to +them. + +XLI. The admiral's court, consisting of one of the proprietors, and his +six counsellors, called consuls, shall have the care and inspection over +all ports, moles, and navigable rivers, so far as the tide flows, and +also all the public shipping of CAROLINA, and stores thereunto belonging, +and all maritime affairs. This court also shall have the power of the +court of admiralty; and shall have power to constitute judges in +port-towns, to try cases belonging to law-merchant, as shall be most +convenient for trade. The twelve assistants, belonging to this court, +shall be called proconsuls. + +XLII. In time of actual war, the admiral, whilst he is at sea, shall +command in chief, and his six counsellors, or such of them as the +Palatine's court shall for that time and service appoint, shall be the +immediate great officers under him, and the proconsuls next to them. + +XLIII. The treasurer's court, consisting of a proprietor and his his +counsellors, called under-treasurers, shall take care of all matters that +concern the public revenue and treasury. The twelve assistants shall be +called auditors. + +XLIV. The high-steward's court, consisting of a proprietor and his six +counsellors, called comptrollers, shall have the care of all foreign and +domestic trade, manufactures, public buildings, work-houses, high-ways, +passages by water above the flood of the tide, drains, sewers, and banks +against inundations, bridges, post, carriers, fairs, markets, corruption +or infection of the common air or water, and all things in order to the +public commerce and health; also setting out and surveying of lands; and +also setting out and appointing places for towns to be built on in the +precincts, and the prescribing and determining the figure and bigness of +the said towns, according to such models as the said court shall order; +contrary or differing from which models it shall not be lawful for any +one to build in any town. This court shall have power also to make any +public building, or any new highway, or enlarge any old high-way, upon +any man's land whatsoever; as also to make cuts, channels, banks, locks, +and bridges, for making rivers navigable, or for draining fens, or any +other public use. The damage the owner of such lands (on or through which +any such public things shall be made) shall receive thereby, shall be +valued, and satisfaction made by such ways as the grand council shall +appoint. The twelve assistants, belonging to this court, shall be called +surveyors. + +XLV. The chamberlain's court, consisting of a proprietor and his six +counsellors, called vice-chamberlains, shall have the care of all +ceremonies, precedency, heraldry, reception of public messengers, +pedigrees, the registry of all births, burials, and marriages, +legitimation, and all cases concerning matrimony, or arising from it; and +shall also have power to regulate all fashions, habits, badges, games and +sports. To this court also it shall belong to convocate the grand +council. The twelve assistants, belonging to this court, shall be called +provosts. + +XLVI. All causes belonging to, or under the jurisdiction of, any of the +proprietors courts, shall in them respectively be tried, and ultimately +determined, without any farther appeal. + +XLVII. The proprietors courts shall have a power to mitigate all fines, +and suspend all executions in criminal causes, either before or after +sentence, in any of the other inferior courts respectively. + +XLVIII. In all debates, hearings, or trials, in any of the proprietor's +courts, the twelve assistants belonging to the said courts respectively, +shall have liberty to be present, but shall not interpose, unless their +opinions be required, nor have any vote at all; but their business shall +be, by the direction of the respective courts, to prepare such business +as shall be committed to them; as also to bear such offices, and dispatch +such affairs, either where the court is kept or elsewhere as the court +shall think fit. + +XLIX. In all the proprietors courts, the proprietor, and any three of his +counsellors, shall make a quorum; provided always, that, for the better +dispatch of business, it shall be in the power of the Palatine's court, +to direct what sort of causes shall be heard and determined by a quorum +of any three. + +L. The grand council shall consist of the Palatine and seven proprietors, +and the forty-two counsellors of the several proprietors courts, who +shall have power to determine any controversies that may arise between +any of the proprietors courts, about their respective jurisdictions, or +between the members of the same court, about their manner and methods of +proceeding; to make peace and war, leagues, treaties, &c. with any of the +neighbour Indians; to issue out their general orders to the constable's +and admiral's courts, for the raising, disposing, or disbanding the +forces, by land or by sea. + +LI. The grand council shall prepare all matters to be proposed in +parliament. Nor shall any matter whatsoever be proposed in parliament, +but what hath first passed the grand council; which, after having been +read three several days in the parliament, shall by majority of votes be +passed or rejected. + +LII. The grand council shall always be judges of all causes and appeals +that concern the Palatine, or any of the Lords Proprietors, or any +counsellor of any proprietor's court, in any cause, which otherwise +should have been tried in the court in which the said counsellor is judge +himself. + +LIII. The grand council, by their warrants to the treasurer's court, +shall dispose of all the money given by the parliament and by them +directed to any particular public use. + +LIV. The quorum of the grand council shall be thirteen, whereof a +proprietor or his deputy shall be always one. + +LV. The grand council shall meet the first Tuesday in every month, and as +much oftener as either they shall think fit, or they shall be convocated +by the chamberlain's court. + +LVI. The Palatine, or any of the Lords Proprietors, shall have power +under hand and seal, to be registered in the grand council, to make a +deputy, who shall have the same power to all intents and purposes as he +himself who deputes him; except in confirming acts of parliament, as in +Paragraph LXXVI, and except also in nominating and chusing landgraves and +cassiques, as in Paragraph X. All such deputations shall cease and +determine at the end of four years, and at any time shall be revocable at +the pleasure of the deputator. + +LVII. No deputy of any proprietor shall have any power whilst the +deputator is in any part of CAROLINA, except the proprietor, whose deputy +he is, be a minor. + +LVIII. During the minority of any proprietor his guardian shall have +power to constitute and appoint his deputy. + +LIX. The eldest of the Lords Proprietors, who shall be personally in +CAROLINA, shall of course be the Palatine's deputy, and if no proprietor +be in CAROLINA, he shall chuse his deputy out of the heirs apparent of +any of the proprietors, if any such be there; and if there be no heir +apparent of any of the Lords Proprietors above one and twenty years old +in CAROLINA, then he shall chuse for deputy any one of the landgraves of +the grand council; and till he have by deputation under hand and seal +chosen any one of the forementioned heirs apparent or landgraves to be +his deputy, the eldest man of the landgraves, and, for want of a +landgrave, the eldest man of the cassiques, who shall be personally in +CAROLINA, shall of course be his deputy. + +LX. Each proprietor's deputy shall be always one of his own six +counsellors respectively; and in case any of the proprietors hath not, in +his absence out of CAROLINA, a deputy, commissioned under his hand and +seal, the eldest nobleman of his court shall of course be his deputy. + +LXI. In every county there shall be a court, consisting of a sheriff, and +four justices of the county, for every precinct one. The sheriff shall be +an inhabitant of the county, and have at least five hundred acres of +freehold within the said county; and the justices shall be inhabitants, +and have each of them five hundred acres a-piece freehold within the +precinct for which they serve respectively. These five shall be chosen +and commissioned from time to time by the Palatine's court. + +LXII. For any personal causes exceeding the value of two hundred pounds +sterling, or in title of land, or in any criminal cause; either party, +upon paying twenty pounds sterling to the Lords Proprietors use, shall +have liberty of appeal from the county-court unto the respective +proprietor's court. + +LXIII. In every precinct there shall be a court consisting of a steward +and four justices of the precinct, being inhabitants, and having three +hundred acres of freehold within the said precinct, who shall judge all +criminal causes; except for treason, murder, and any other offences +punishable with death, and except all criminal causes of the nobility; +and shall judge also all civil causes whatsoever; and in all personal +actions not exceeding fifty pounds sterling, without appeal; but where +the cause shall exceed that value, or concern a title of land, and in all +criminal causes; there either party, upon paying five pounds sterling to +the Lords Proprietors use, shall have liberty of appeal to the +county-court. + +LXIV. No cause shall be twice tried in any one court, upon any reason or +pretence whatsoever. + +LXV. For treason, murder, and all other offences punishable with death, +there shall be a commission, twice a year at least, granted onto one or +more members of the grand council or colleges, who shall come as +itinerant judges to the several counties, and with the sheriff and four +justices shall hold assizes to judge all such causes; but, upon paying of +fifty pounds sterling to the Lords Proprietors use, there shall be +liberty of appeal to the respective proprietor's court. + +LXVI. The grand jury at the several assizes, shall, upon their oaths, and +under their hands and seals, deliver in to the itinerant judges a +presentment of such grievances, misdemeanors, exigences, or defects, +which they think necessary for the public good of the county; which +presentments shall, by the itinerant judges, at the end of their circuit, +be delivered in to the grand council at their next sitting. And +whatsoever therein concerns the execution of laws already made; the +several proprietors courts, in the matters belonging to each of them +respectively, shall take cognizance of it and give such order about it, +as shall be effectual for the due execution of the laws. But whatever +concerns the making of any new law, shall be referred to the several +respective courts to which that matter belongs, and be by them prepared +and brought to the grand council. + +LXVII. For terms, there shall be quarterly such a certain number of days, +not exceeding one and twenty at any one time, as the several respective +courts shall appoint. The time for the beginning of the term, in the +precinct-court, shall be the first Monday in January, April, July, and +October; in the county-court, the first Monday in February, May, August, +and November, and in the proprietors courts, the first Monday in March, +June, September, and December. + +LXVIII. In the precinct-court no man shall be a jury-man under fifty +acres of freehold. In the county-court, or at the assizes, no man shall +be a grand jury-man under three hundred acres of freehold; and no man +shall be a petty jury-man under two hundred acres of freehold. In the +proprietors courts no man shall be a jury-man under five hundred acres of +freehold. + +LXIX. Every jury shall consist of twelve men; and it shall not be +necessary they should all agree, but the verdict shall be according to +the consent of the majority. + +LXX. It shall be a base and vile thing to plead for money or reward; nor +shall any one (except he be a near kinsman, not farther off than +cousin-german to the party concerned) be permitted to plead another man's +cause, till, before the judge in open court, he hath taken an oath, that +he doth not plead for money or reward, nor hath nor will receive, nor +directly nor indirectly bargained with the party, whose cause he is going +to plead; for money or any other reward for pleading his cause. + +LXXI. There shall be a parliament, consisting of the proprietors or their +deputies, the landgraves and cassiques, and one freeholder out of every +precinct, to be chosen by the freeholders of the said precinct +respectively. They shall sit all together in one room, and have every +member one vote. + +LXXII. No man shall be chosen a member of parliament, who hath less than +five hundred acres of freehold within the precinct for which he is +chosen; nor shall any have a vote in chusing the said member that hath +less than fifty acres of free-hold within the said precinct. + +LXXIII. A new parliament shall be assembled the first Monday of the month +of November every second year, and shall meet and sit in the town they +last sat in, without any summons, unless by the Palatine's court they be +summoned to meet at any other place. And if there shall be any occasion +of a parliament in these intervals, it shall be in the power of the +Palatine's court to assemble them in forty days notice, and at such time +and place as the said court shall think fit; and the Palatine's court +shall have power to dissolve the said parliament when they shall think +fit. + +LXXIV. At the opening of every parliament, the first thing that shall be +done, shall be the reading of these FUNDAMENTAL CONSTITUTIONS, which the +Palatine and proprietors, and the rest of the members then present shall +subscribe. Nor shall any person whatsoever sit or vote in the parliament, +till he hath that session subscribed these FUNDAMENTAL CONSTITUTIONS, in +a book kept for that purpose by the clerk of the parliament. + +LXXV. In order to the due election of members for the biennial +parliament, it shall be lawful for the freeholders of the respective +precincts to meet the first Tuesday in September every two years, in the +same town or place that they last met in, to chuse parliament-men; and +there chuse those members that are to sit the next November following, +unless the steward of the precinct shall, by sufficient notice thirty +days before, appoint some other place for their meeting, in order to the +election. + +LXXVI. No act or order of parliament shall be of any force, unless it he +ratified in open parliament during the same session, by the Palatine or +his deputy, and three more of the Lords Proprietors or their deputies; +and then not to continue longer in force but until the next biennial +parliament, unless in the mean time it be ratified under the hands and +seals of the Palatine himself, and three more of the Lords Proprietors +themselves, and by their order published at the next biennial parliament. + +LXXVII. Any proprietor or his deputy may enter his protestation against +any act of the parliament, before the Palatine or his deputy's consent be +given as aforesaid; if he shall conceive the said act to be contrary to +this establishment, or any of these FUNDAMENTAL CONSTITUTIONS of the +government. And in such case, after full and free debate, the several +estates shall retire into four several chambers; the Palatine and +proprietors into one; the landgraves into another; the cassiques into +another; and those chosen by the precincts into a fourth: and if the +major part of any of the four estates shall vote that the law is not +agreeable to this establishment and these FUNDAMENTAL CONSTITUTIONS of +the government, then it shall pass no farther, but be as if it had never +been proposed. + +LXXVIII. The quorum of the parliament shall be one half of those who are +members, and capable of fitting in the house that present session of +parliament. The quorum of each of the chambers of parliament shall be one +half of the members of that chamber. + +LXXIX. To avoid multiplicity of laws, which by degrees always change the +right foundations of the original government, all acts of parliament +whatsoever, in whatsoever form passed or enacted, shall, at the end of an +hundred years after their enacting, respectively cease and determine of +themselves, and without any repeal become null and void, as if no such +acts of laws had ever been made. + +LXXX. Since multiplicity of comments, as well as of laws, have great +inconveniences, and serve only to obscure and perplex; all manner of +comments and expositions on any part of these FUNDAMENTAL CONSTITUTIONS, +or any part of the common or statute law of CAROLINA, are absolutely +prohibited. + +LXXXI. There shall be a registry in every precinct, wherein shall be +enrolled all deeds, leases, judgments, mortgages, and other conveyances, +which may concern any of the land within the said precinct; and all such +conveyances not so entered or registered, shall not be of force against +any person nor party to the said contract or conveyance. + +LXXXII. No man shall be register of any precinct, who hath not at least +three hundred acres of freehold within the said precinct. + +LXXXIII. The freeholders of every precinct shall nominate three men; out +of which three, the chief justice's court shall chuse and commission one +to be register of the said precinct, whilst he shall well behave himself. + +LXXXIV. There shall be a registry in every signiory, barony, and colony, +wherein shall be recorded all the births, marriages and deaths, that +shall happen within the respective signiories, baronies, and colonies. + +LXXXV. No man shall be register of a colony, that hath not above fifty +acres of freehold within the said colony. + +LXXXVI. The time of every one's age, that is born in CAROLINA, shall be +reckoned from the day that his birth is entered in the registry, and not +before. + +LXXXVII. No marriage shall be lawful, whatever contract and ceremony they +have used, till both the parties mutually own it before the register of +the place where they were married, and he register it, with the names of +the father and mother of each party. + +LXXXVIII. No man shall administer to the goods, or have right to them, or +enter upon the estate of any person deceased, till his death be +registered in the respective registry. + +LXXXIX. He that doth not enter in the respective registry the birth or +death of any person that is born or dies in his house or ground, shall +pay to the said register one shilling per week for each such neglect, +reckoning from the time of each birth or death respectively, to the time +of registering it. + +XC. In like manner the births, marriages, and deaths of the Lords +Proprietors, Landgraves, and Cassiques, shall be registered in the +chamberlain's court. + +XCI. There shall be in every colony one constable to be chosen annually +by the freeholders of the colony; his estate shall be above a hundred +acres of freehold within the said colony, and such subordinate officers +appointed for his assistance as the county-court shall find requisite, +and shall be established by the said county-court. The election of the +subordinate annual officers shall be also in the freeholders of the +colony. + +XCII. All towns incorporate shall be governed by a Mayor, twelve +Aldermen, and twenty-four of the common-council. The said common-council +shall be chosen by the present housholders of the said town; the aldermen +shall be chosen out of the common-council; and the mayor out of the +aldermen, by the Palatine's court. + +XCIII. It being of great consequence to the plantation, that Port-Towns +should be built and preserved; therefore, whosoever shall lade or unlade +any commodity at any other place but a Port-Town, shall forfeit to the +Lord's Proprietors for each run so laden or unladen, the sum of ten +pounds sterling; except only such goods as the Palatine's court shall +license to be laden or unladen elsewhere. + +XCIV. The first port-town upon every river shall be in a colony, and be a +port-town for ever. + +XCV. No man shall be permitted to be a freeman of CAROLINA, or to have +any estate or habitation within it, that doth not acknowledge a GOD; and +that God is publicly and solemnly to be worshipped. + +XCVI. [As the country comes to be sufficiently planted and distributed +into fit divisions, it shall belong to the parliament to take care for +the building of churches, and the public maintenance of divines, to be +employed in the exercise of religion, according to the church of England; +which being the only true and orthodox, and the national religion of all +the king's dominions, is so also of CAROLINA; and therefore it alone +shall be allowed to receive public maintenance, by grant of +parliament].[2] + +[2] This article was not drawn up by Mr. LOCKE; but inserted by some of + the chief of the proprietors, against his judgment; as Mr. LOCKE + himself informed one of his friends, to whom he presented a copy of + these Constitutions. + +XCVII. But since the natives of that place, who will be concerned in our +plantation, are utterly strangers to Christianity, whose idolatry, +ignorance, or mistake, gives us no right to expel, or use them ill; and +those who remove from other parts to plant there, will unavoidably be of +different opinions concerning matters of religion, the liberty whereof +they will expect to have allowed them, and it will not be reasonable for +us on this account to keep them out; that civil peace may be maintained +amidst the diversity of opinions, and our agreement and compact with all +men may be duly and faithfully observed; the violation whereof, upon what +pretence soever, cannot be without great offence to almighty God, and +great scandal to the true religion, which we profess; and also that Jews, +Heathens, and other dissenters from the purity of Christian religion, may +not be scared and kept at a distance from it, but, by having an +opportunity of acquainting themselves with the truth and reasonableness +of its doctrines, and the peaceableness and inoffensiveness of its +professors, may by good usage and persuasion, and all those convincing +methods of gentleness and meekness suitable to the rules and design of +the gospel, be won over to embrace and unfeignedly receive the truth; +therefore any seven or more persons agreeing in any religion, shall +constitute a church or profession, to which they shall give some name, to +distinguish it from others. + +XCVIII. The terms of admittance and communion with any church or +profession, shall be written in a book, and therein be subscribed by all +the members of the said church or profession; which book shall be kept by +the public register of the precinct where they reside. + +XCIX. The time of every one's subscription and admittance shall be dated +in the said book of religious record. + +C. In the terms of communion of every church or profession, these +following shall be three; without which no agreement or assembly of men, +upon pretence of religion, shall be accounted a church or profession +within these rules: + +1. "That there is a GOD. + +2. "That GOD is publicly to be worshipped. + +3. "That it is lawful and the duty of every man, being thereunto called +by those that govern, to bear witness to truth; and that every church or +profession shall, in their terms of communion, set down the external way +whereby they witness a truth as in the presence of GOD, whether it be by +laying hands on, or kissing the Bible, as in the church of England, or by +holding up the hand, or any other sensible way." + +CI. No person above seventeen years of age shall have any benefit or +protection of the law, or be capable of any place of profit or honour, +who is not a member of some church or profession, having his name +recorded in some one, and but one religious record at once. + +CII. No person of any other church or profession shall disturb or molest +any religious assembly. + +CIII. No person whatsoever shall speak any thing in their religious +assembly irreverently or seditiously of the government, or governors, or +state matters. + +CIV. Any person subscribing the terms of communion in the record of the +said church or profession, before the precinct register, and any five +members of the said church or profession, shall be thereby made a member +of the said church or profession. + +CV. Any person striking out his own name out of any religious record, or +his name being struck out by any officer thereunto authorised by each +church or profession respectively, shall cease to be a member of that +church or profession. + +CVI. No man shall use any reproachful, reviling, or abusive language, +against the religion of any church or profession; that being the certain +way of disturbing the peace, and of hindering the conversion of any to +the truth, by engaging them in quarrels and animosities, to the hatred of +the professors and that profession, which otherwise they might be brought +to assent to. + +CVII. Since charity obliges us to wish well to the souls of all men, and +religion ought to alter nothing in any man's civil estate or right, it +shall be lawful for slaves, as well as others, to enter themselves, and +be of what church or profession any of them shall think best, and +therefore be as fully members as any freeman. But yet no slave shall +hereby be exempted from that civil dominion his master hath over him, but +be in all other things in the same state and condition he was in before. + +CVIII. Assemblies, upon what pretence soever of religion, not observing +and performing the abovesaid rules, shall not be esteemed as churches, +but unlawful meetings, and be punished as other riots. + +CIX. No person whatsoever shall disturb, molest, or persecute another for +his speculative opinions in religion, or his way of worship. + +CX. Every freeman of CAROLINA shall have absolute power and authority +over his negro slaves, of what opinion or religion soever. + +CXI. No cause, whether civil or criminal, of any freeman, shall be tried +in any court of judicature, without a jury of his peers. + +CXII. No person whatsoever shall hold or claim any land in CAROLINA by +purchase or gift, or otherwise, from the natives, or any other +whatsoever; but merely from and under the Lords Proprietors; upon pain of +forfeiture of all his estate, moveable or immoveable, and perpetual +banishment. + +CXIII. Whosoever shall possess any freehold in CAROLINA, upon what title +or grant soever, shall, at the farthest, from and after the year one +thousand six hundred and eighty-nine, pay yearly unto the Lords +Proprietors for each acre of land, English measure, as much fine silver +as is at this present in one English penny, or the value thereof, to be +as a chief rent and acknowledgment to the Lords Proprietors; their heirs +and successors, for ever. And it shall be lawful for the Palatine's +court, by their officers at any time, to take a new survey of any man's +land, not to out him of any part of his possession, but that by such a +survey the just number of acres he possesseth may be known, and the rent +thereupon due may be paid by him. + +CXIV. All wrecks, mines, minerals, quarries of gems, and precious stones, +with pearl-fishing, whale-fishing, and one half of all ambergrease, by +whomsoever found, shall wholly belong to the Lords Proprietors. + +CXV. All revenues and profits belonging to the Lords Proprietors in +common shall be divided into ten parts, whereof the Palatine shall have +three and each proprietor one; but if the Palatine shall govern by a +deputy, his deputy shall have one of those three tenths, and the Palatine +the other two tenths. + +CXVI. All inhabitants and freemen of CAROLINA above seventeen years of +age, and under sixty, shall be bound to bear arms, and serve as soldiers +whenever the grand council shall find it necessary. + +CXVII. A true copy of three FUNDAMENTAL CONSTITUTIONS shall be kept in a +great book by the register of every precinct, to be subscribed before the +said register. Nor shall any person, of what condition or degree soever, +above seventeen years old, have any estate or possession in CAROLINA, or +protection or benefit of the law there, who hath not before a precinct +register subscribed three FUNDAMENTAL CONSTITUTIONS in this form: + + "I A. B. do promise to bear faith and true allegiance to our + sovereign lord king CHARLES the Second, his heirs and successors; + and will be true and faithful to the Palatine and Lords + Proprietors of CAROLINA, their heirs and successors; and with my + utmost power will defend them, and maintain the government + according to this establishment in these FUNDAMENTAL + CONSTITUTIONS." + +CXVIII. Whatsoever alien shall, in this form, before any precinct +register, subscribe these fundamental constitutions, shall be thereby +naturalized. + +CXIX. In the same manner shall every person, at his admittance into any +office, subscribe these FUNDAMENTAL CONSTITUTIONS. + +CXX. These FUNDAMENTAL CONSTITUTIONS, in number a hundred and twenty, and +every part thereof, shall be and remain the sacred and unalterable form +and rule of government of CAROLINA for ever. Witness our hands and +seals, the first day of March, 1669. + + +RULES of PRECEDENCY. + +I. The Lords Proprietors; the eldest in age first, and so in order. + +II. The eldest sons of the Lords Proprietors; the eldest in age first, +and so in order. + +III. The landgraves of the grand council; he that hath been longest of +the grand council first, and so in order. + +IV. The cassiques of the grand council; he that hath been longest of the +grand council first, and so in order. + +V. The seven commoners of the grand council that have been longest of the +grand council; he that hath been longest of the grand council first, and +so in order. + +VI. The younger sons of proprietors; the eldest first, and so in order. + +VII. The landgraves; the eldest in age first, and so in order. + +VIII. The seven commoners, who, next to those before-mentioned, have been +longest of the grand council; he that hath been longest of the grand +council first, and so in order. + +IX. The cassiques; the eldest in age first, and so in order. + +X. The seven remaining commoners of the grand council; he that hath been +longest of the grand council first, and so in order. + +XI. The male line of the proprietors. + +The rest shall be determined by the chamberlain's court. + + + + +*** END OF THE PROJECT GUTENBERG EBOOK, AN HISTORICAL ACCOUNT OF THE RISE AND PROGRESS OF THE COLONIES OF SOUTH CAROLINA AND GEORGIA, VOLUME 1 *** + +This file should be named 8179.txt or 8179.zip + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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