Chapter V: The Carolinas (2)

In 1667, the Proprietors took measures to found, in the region reported on by Sandford, a colony worthy of themselves and of the munificence of the king in granting them almost royal authority in the extensive territory lavishly bestowed by the charter. The elaborate plan of government which Locke assisted in maturing was devised for this new enterprise, and was solemnly agreed upon as a contract among the Proprietors. Twelve thousand pounds sterling, a large sum at that day, were expended in preparation for founding, in what is now South Carolina, a colonial government calculated to bring both glory and emolument to their lordships. In August, 1669, three vessels were ready to sail from England: the “Carolina” frigate, the “Port Royall,” and the sloop “Albemarle.” On board the first-named were ninety-three passengers. How many were in the other vessels is not at present known; but the intention appears to have been to begin the settlement with at least two hundred. They stopped at Kinsale in Ireland to take in other emigrants, receiving, however, only seven; and according to instructions sailed thence to Barbadoes, which they reached in October. They were to obtain there such plants as the vine, olive, ginger, cotton, and indigo, and some swine for the new colony; and, no doubt, as many emigrants as could be induced to join the expedition. The fleet was consigned to Thomas Colleton, brother of the Proprietor, Sir Peter Colleton. It seems that the Proprietors were not pleased with the management of Sir John Yeamans in the previous expedition and his leaving the perils of exploration to Secretary Sandford; yet his experience and ability rendered his coöperation desirable, and power was given him to fill a blank commission sent to him for the governorship of the new colony. Living in Barbadoes, and familiar with projects of colonization, he acted on this occasion on behalf of their lordships, with authority as their lieutenant-general, and assisted and encouraged the adventurers. But many disasters occurred: at Barbadoes the “Albemarle” was driven ashore in a gale and lost, in November; and in January the “Port Royall” suffered the same fate at the Bahama Islands. A sloop obtained at Barbadoes in place of the “Albemarle” became separated in a storm, and the “Carolina,” in a damaged condition, put in at Bermuda for repairs. A part of the equipments was lost by the wrecks; and Yeamans, to the discontent and indignation of the colonists, withdrew from further participation in their fortunes, saying he was obliged to return to Barbadoes as one of the commissioners appointed to negotiate “with French commissioners the affair at St. Christopher’s.” He persuaded the colonists to take Colonel William Sayle, and inserted his name as governor in the blank commission sent to him by the Proprietors. He describes Sayle as “a man of no great sufficiency, yet the ablest I could then meet with.”[741]

The expedition sailed again on the 26th of February, 1670, in the “Carolina” and a sloop bought at Bermuda (where Sayle had, twenty years before, founded a colony of Presbyterians).[742] The Barbadoes sloop, with about thirty persons on board, had gone to Nansemond, Virginia, and joined the rest of the expedition at Kiawah in the month of May. The other two vessels, about a fortnight after leaving Bermuda, had reached the coast at a place called Sewee,[743] in March, and proceeded thence to Port Royal harbor, their point of destination, and where the instructions of the Proprietors directed them to go. They remained there a few days. Governor Sayle summoned the _freemen_, according to instructions annexed to his commission, and they elected Paul Smith, Robert Donne, Ralph Marshall, Samuel West, and Joseph Dalton their representatives in the council, which consisted of ten, the other five being deputies named by the Proprietors. The governor and council, by the same instructions, were to select the place for building a fort and a town. Upon examination the land at Kiawah was judged better, and a more defensible position could there be found than at Port Royal. A discussion was held, and, the governor favoring Kiawah, it was determined to remove and settle there permanently. Weighing anchor, they sailed northward as to their home at last, and in the month of April selected for their residence a bluff which they named Albemarle Point, on the western bank of Kiawah River, now called the Ashley, and began to build a town which they named Charles Town, and to erect fortifications. Safely settled after a perilous voyage, when now, borne down with daily toil, they sank to rest, soothing dreams of prosperity and happiness, no doubt, renewed their courage for the labors and dangers of the morrow.[744]

The administration of the colony devolved on the governor, representing the Palatine (the Duke of Albemarle),[745] and the council, representing partly the other Lords Proprietors and partly the people. On the 4th July, 1670, the governor and council—because the freeholders were “nott neere sufficient to elect a Parliament,” as the instructions required—promulgated certain orders for the better observance of the Sabbath; and a certain William Owens, arguing that a parliament was necessary for such legislation, persuaded the people to elect one among themselves, “which they did and returned to said governor.” But this 4th July spirit of independence was not persisted in, the members elect receding from their own “election into dignity.”[746] The council continued to exercise all necessary legislative and judicial as well as executive power, till a parliament was formed.

Sayle was about eighty years of age and in feeble health, and died on 4th March, 1671, transferring his authority, as he was empowered to do, on the man of his choice. He selected Joseph West, his able assistant, who had brought the colonists from England under commission as “Governor and Commander in Chief of the Fleet.”

Scarcely had the English entrenched themselves when the jealous Spaniards sent a party to attack them; but finding them stronger than they expected, they returned to St. Augustine. The chief reason for not settling at Port Royal, as they were directed to do, was evidently the exposure of that situation to attacks, both from hostile Indians and the Spaniards who instigated them, and who, from their early exploration and settlement, claimed the noble harbor, of which Ribault had said, a century before, the largest ships of France, “yea, the argosies of Venice,” might enter therein.[747]

Sayle’s nomination of West, to act with all the authority conferred upon himself, was of force only till the pleasure of the Proprietors could be known. When they were informed of Sayle’s decease, they gave the position of governor to Sir John Yeamans (commission dated August, 1671); continuing West, however, as superintendent of important interests in the colony. He was made governor when Yeamans was displaced (1674); and in December, 1679, their lordships wrote to him, “We are informed that the Oyster Point is not only a more convenient place to build a town on than that formerly pitched on by the first settlers, but that people’s inclinations tend thither; we let you know the Oyster Point is the place we do appoint for the port town, of which you are to take notice and call it Charles Town.” The public offices were removed thither and the council summoned to meet there, and, in 1680, thirty houses were erected. Even before this, some settlers had left old Charles Town and taken up their residence at Oyster Point. Great interest was aroused in all that pertained to the colony by the active exertions and liberal offers of the Proprietors. Every vessel that sailed to Charles Town brought new-comers. The Proprietors’ trading-ship “Blessing” followed the first expedition, its “main end” and chief employment being to transport emigrants from Barbadoes, where Yeamans and Thomas Colleton were to advise and help Captain Halsted in this work of emigration. The “Carolina,” in a return voyage from the same island, had brought sixty-four settlers, and the “John and Thomas” forty-two. In the “Phœnix” from New York a number of German families arrived, who began to build James Town on the Stono River. When Sir John Yeamans came to reside at Charles Town (April, 1672) he brought the first negro slaves into the colony. In 1680, the date of the removal to Oyster Point, the settlers numbered about 1,200; in 1686, they were estimated at 2,500, English, Irish, Scotch, French, and Germans. It is of significance, with respect to the first political acts of these settlers, to bear in mind that they were mostly dissenters. Boone, agent in London for a large portion of the people, stated in his petition to the House of Lords (in 1706) that after the reëstablishment of the Church of England by the Act of Uniformity, many subjects of the Crown, “who were so unhappy as to have some scruples about conforming to the rites of said Church, did transplant themselves and families into said Colony, by means whereof the greatest part of the inhabitants there were Protestant Dissenters from the Church of England.” We must remember, too, that religious freedom was promised as an inducement to emigrate. As Governor Archdale said, the charter “had an overplus power to grant liberty of conscience, although at home was a hot persecuting time.” And this overplus power was at first very fairly used. All denominations lived harmoniously together, till Lord Granville became Palatine, whose tyrannical disruption of the religious privileges of the colonists (by excluding dissenters from the colonial legislature) nearly cost the Proprietors their charter. The felling of forests, clearing of plantations, experimenting in agricultural products, establishing stock farms, building habitations, opening a peltry trade with the Indians, forming military companies for mutual defence against hostile tribes, and against the French at times, and at times against the Spaniards, exploring the adjacent country, caring for and nursing the sick who succumbed to the malarial influences of the sultry low country along the coast, where the settlers were for many years compelled to reside,[748]—amidst such circumstances there was no disposition for religious dissension and none for political differences among themselves. And when political opposition did arise, it was for civil rights, and between the colonists as one party and the Lords Proprietors and their official representatives as the other party. The rights for which they contended against irritating obstacles engendered a persistent spirit of political advancement which led to the overthrow of the proprietary government in 1719, and in further development through the royal administration culminated in constitutional self-government. In this respect, the history of no other colony presents a more interesting and instructive record. The awakening of the people to a determined maintenance of what they deemed right and just began with the stubborn efforts of the Proprietors to force the colonists to adopt their scheme of government, the Fundamental Constitutions. The people declared the charter of Charles II. to be fundamental enough for them. The facts involved in this contention are now to be related.

Locke and Shaftesbury’s elaborate and cumbrous system, solemnly adopted by the Proprietors, suited only (if it could be made to suit) a large population. A copy was sent out for the first governor, but not to be immediately put in force. He was to govern by “instructions” annexed to his commission, and prefaced with the words “In regard the number of the people which will at first be set down at Port Royal will be so small, together with want of Landgraves and Cassiques, that it will not be possible to put our Grand Model of government in practice at first;” the instructions, coming as nigh as practicable to the Grand Model, must be used instead. The same “paucity of nobility” and people is given as the reason for two sets of Temporary Laws (1671, 1672) and the Agrarian Laws (1672). The governor and council are told to follow always the latest instructions; a prudent order, for they came in so quick succession, and with so many alterations, that they may have confused the wisest of governors. In these official papers two principles are prominent: one that nothing should be debated or voted in the parliament (the majority representing the people) “but what is proposed to them by the council” (the majority representing their lordships); the other “that the whole foundation of the government is settled upon a right and equal distribution of land,”—for the Proprietors and provincial aristocracy, first; then the common people could have their subordinate little share.[749]

Contrast with these official regulations framed in London the actions of Governor West and his council as recorded in the “Council Journals” for 1671-72, still preserved in the office of the secretary of state. They were exercising, on account of the “paucity of nobility,” all executive, judicial, and legislative powers with promptness and energy, and were fully supported by the people. They proclaimed war against the Kussoe Indians, had all fire-arms repaired, began to construct a fort, raised military companies, commissioned their officers, and reduced the enemy to submission. They heard and decided complaints and legal issues, and punished criminals, distributed lands, and provided for the health and security of the community. They denied to Sir John Yeamans, Landgrave though he was, any claim to gubernatorial authority, under the Fundamental Constitutions, and had him before their tribunal for cutting timber not his own. It is said he retired again to Barbadoes. But he was commissioned governor and reappeared in the colony, and was “disgusted that the people did not incline to salute him as governor.” In obedience to instructions, he immediately summoned, by proclamation, the freemen to assemble and elect a parliament of twenty members, and to select five of their number to be members of the grand council. This legislative body (April, 1672), the first we have knowledge of in the colony, had at this time very little power, compared with the council; but it was destined to become, as the representative of the people, the most potent factor in the political development of subsequent years. Sir John Yeamans, two years later, gave place again (as before stated) to his rival, Colonel West, whom the Proprietors declared the “fittest man” to be governor.[750] He had, more than any other in the province, promoted the best interests both of the people and of their lordships. There was some scarcity of provisions at the close of Yeamans’ administration, and he was charged with exporting, for his own advantage, too great a quantity of the agricultural products of the colony. Commotions ensued, and John Culpepper, surveyor, was engaged in them or instigated them; and having left Charles Town, he found in North Carolina popular discontents more ready for rebellious activity. The cause of the commotions at Charles Town does not clearly appear. The settlement was so prolific in all that sustains life—in forest, in fields, in a harbor abounding in fish, in herds of swine and cattle—that it is strange to hear of a scarcity of food; even in 1673, when want is said to have threatened the people, provisions were exported to Barbadoes.

Governor Sayle, for reasons already stated, was not to put in force altogether the Fundamental Constitutions; there was, however, a copy “sent under our hands and seales,” as is mentioned in his commission. The project of founding the new colony was based on this special scheme of government. It is positively stated by the colonists, in their letter to Sothel (1691), that this set originally sent bore date July 21, 1669; was “fairly engrossed in parchment, and signed and sealed” by six of the Proprietors; and as all persons were required to swear submission to them _before they could take up land_, “several hundred of the people arriving here did swear accordingly.” A MS. copy[751] of this set, but without signatures, is in the Charleston library. It does not contain the article establishing the Church of England. In other respects it is as favorable to settlers as the revised set bearing date March 1, 1669-70, and containing that article. That many colonists (the majority being dissenters) preferred the first set sent with Sayle’s commission may thus be reasonably accounted for. It was afterwards repudiated by the Proprietors (those who were then Proprietors) as “but a copy of an imperfect original,” to use the words ascribed to them in the letter to Sothel; and they say themselves in their letter to the Grand Council, May 13, 1691, “The Constitution, so-called, and dated 21 July, 1669, we do not nor cannot own as ours.” The second set was printed, and, it is said, was not known at Ashley River till February, 1673.[752]

In 1687, under Governor Colleton, the endeavor to force the adoption of the Constitutions occasioned such contention between their lordships’ officers and the representatives of the people that no laws were passed for two years; and as all laws were limited to twenty-three months, there was in 1690 _not one statute law in force_ in the colony. A new position was taken and with boldness. “The people having not, according to the royal charters, assented or approved of any fundamental constitutions in parliament, have unanimously declared that the government now is to be directed and managed wholly and solely according to said charters.” Their revolutionary spirit went still further. The representatives in Parliament denied “that any bill must necessarily pass the grand council before it be read in parliament.” They maintained this position, and in consequence were dissolved. The Proprietors instructed their favorite, Landgrave Colleton, brother of one of themselves, to call no more parliaments “unless some very extraordinary occasion should require it.” Colleton proclaimed martial law. The Proprietors thought he did right. In his arrogance, he imprisoned a clergyman and fined him £100 for preaching what he considered a seditious sermon. The Proprietors thought it best to remit the fine. The people, however, raised a cry against his “illegal, tyrannical, and oppressive way of government.” Fortunately for him, Seth Sothel, a Proprietor by purchase of Clarendon’s share, arrived,—having been turned out of North Carolina by its assembly,—and assumed control of affairs in the more southern colony, and acted pretty much as he pleased, till he was turned out of his new position by his colleagues in London. The Proprietors, by their aristocratic folly, had kept the people continually studying and maintaining their rights. A new policy began, about this time, in England,—to revoke proprietary charters. The spirit, too, of the colonists, demanded from the Proprietors some conciliatory concession. Yet it cannot but appear a triumph for the people, and not a good-will concession, when “the true and absolute” lords wrote to the Grand Council (1691), almost in the words which they had written to Andrew Percival and to the provincial authorities,—as if they wished to make an emphatic apology,—that there had been “no alteration made in any of the Constitutions, but for the greater security of the people of Carolina from oppression, either by ourselves or our officers, as any one that will please to peruse the several alterations may plainly perceive; the last in date still bounding our own power most, and putting more into the hands of the people.” But they were forced soon—and it must have been with some little feeling of vexation—to acknowledge the failure of their Grand Model, and to write to their next governor, Ludwell (who could not conciliate the “factious” assembly), that they now thought it best for themselves and the colonists to govern by all the powers of the charter; but that they would part with no power till the people were disposed to be more orderly. This was written to Ludwell; but to the public it was at last definitely announced “that as the people have declared they would rather be governed by the powers granted by the charter without regard to the Fundamental Constitutions, it will be for their quiet and the protection of the well-disposed to grant their request.” The Proprietors, however, still held to the Constitutions as a compact among themselves and as a regulation of their mutual interests; and even endeavored once more to tempt the people to adopt some part of them in the fifth set, reduced to 41 Articles. They were then laid aside entirely.

The assembly (we shall no longer call them parliament), not yet aware of the action of the Proprietors, prepared a summary of grievances: that the latest form of conveying land was not satisfactory; that courts ought to be regulated by laws made by the assent of the people; that the representatives of the people are too few in the assembly and not appointed according to the charter; that the power of enacting necessary laws should not be obstructed; that the application of the laws of England to the province ought not to be by authority of a Palatine Court (established by their lordships), but such laws are applicable of their own force, or are to be so by act of the assembly; that the powers of the assembly and the validity of their enactments are not to be judged by inferior courts, but by the next succeeding General Assembly; that martial law should not be resorted to except in case of rebellion, tumult, sedition, or invasion; that there should be more commoners in the council; that the deputies of the Proprietors were forbidden to confirm a certain set of laws (necessary at times for the immediate welfare of the people) until their lordships’ assent should be given, which could not be known in the province “in less time than one year, sometimes two,” and they do not conceive the Patent of Carolina gives any such powers to their lordships.

There was a further principle announced by the people: that the Proprietors could send what “instructions” they pleased, but they certainly could never have intended that they should have the force of statute laws without the assent and approbation of the people, except in such matters as wholly belonged to their direction according to the charter. With so intelligent and progressive a people to control, the almost impotent “absolute lords” on the other side of the Atlantic might well have written to Ludwell as they did to Morton, “Are you to govern the people, or the people you?” Yet a further signal triumph for the people was at hand. The Proprietors had already seen fit to modify their rule that the assembly of the people should neither debate nor vote on any matter except what the Grand Council should propose to them; but their modification at that time amounted to very little, namely, that if a necessary law was delayed by the council, and “the majority of the grand juries of the counties” presented the matter for legislation, then only might “any of the chambers” take cognizance of it. It was now the good fortune of Governor Smith,[753] successor to Ludwell, to announce that “the Proprietors have consented that the proposing power for the making of laws, which was heretofore lodged in the governor and council only, is now given to you as well as the present council.”[754] Henceforth the assembly claimed the privileges and usages of the House of Commons in England.

[This is a side-map in a large folding one called _A new map of Carolina, by Philip Lea, at the Atlas and Hercules, in Cheapside, London_. Courtenay considers it to be of a date before 1700. There is a fac-simile of the whole in _Charleston Year Book_, 1883. For the associations and landmarks of these rivers see C. F. Woolson’s “Up the Ashley and Cooper,” in _Harper’s Monthly_, Dec., 1875; and P. D. Hay’s “Relics of Old South Carolina,” in _Appleton’s Journal_, xix. 498. In the _Charleston Year Book_ (1883) there is a large map, showing the town and the early farms on the west bank of the Ashley; the present site of the city up to near the Clements’ Ferry road, with all lines of fortifications and historic points. Cf. W. G. Simms’ “Description of Charleston,” in _Harper’s Monthly_, June, 1857.

Moll’s map of South Carolina (1730) is given in fac-simile in _Cassell’s United States_, i. 439.—ED.]]

When there was no longer any reasonable expectation for the adoption of the Grand Model of government, a carefully prepared set of Instructions, in 43 Articles, became the rules for the colony, all former Instructions and Temporary Laws being abrogated, except such as related to lands. These rules continued as long as the Proprietors owned the province. It is not necessary to explain them. They were for the interest of their lordships; simple enough, but establishing a proprietary oligarchy. The Palatine and three other Proprietors, and, in the colony, the governor and three other deputies, constituted the governing power, with, apparently, a complete check upon the representatives of the people. The people could not complain if their lordships carried out what they wrote to Ludwell, that “they would part with no power” conferred on them by the charter “till the people were disposed to be more orderly;” for the people had demanded to be governed solely by the charter. The prominent question now would be: Do their lordships properly interpret and apply the powers granted them in the charter?

But fresh political subjects engaged attention: the tenure of lands, naturalization of the French Huguenots, payment of quit-rents, now for some years due, the jury laws, and that relating to elections. Governor Smith lost courage; he could be no champion for their lordships against his friends and neighbors. The only way out of the difficulties occasioned by the maladministration of the Proprietors was that some Proprietor should be sent over “with full power” to heal all grievances. This plan was adopted. The grandson of Earl Shaftesbury was appointed, but declined to come. A pious, benevolent Quaker came, John Archdale, whose policy was a smiling patience, but a strict requisition of every penny that was due to the “true and absolute lords” of the province,—himself among them. He thought his patience would, as he expressed it, allay their heats. But this could only be done by concessions. He yielded to their request to have thirty representatives in the assembly. He also remitted, after a struggle, arrears of quit-rents to Michaelmas, 1695, on condition that the remaining debts were secured, rents for the future strictly provided for, and the town fortified by taxation. Some political advancement was gained by the assembly;[755] the repeal of any law not infringing on the rights of the Crown or of the Proprietors, or relating to land, was not to be made without the consent of the General Assembly. The council, too, was so constituted by the pious Quaker as to be more in harmony with the dissenters. But he seemed to fear that he might be prevailed upon to grant too much, and appointing his friend, Joseph Blake, in his place, hastened away (1696). He lived to see the peace and tranquillity vanish which he hoped he had firmly established. Two years later the “House of Commons” petitioned (among other things) for the privilege of coining; and for the removal of duties on the chief exports from the colony. They also prayed that no more than 1,000 acres be in future granted in one piece; that an authenticated copy of the charter be sent them; and that the colonial authorities have power to repeal laws (if expedient to do so) which had been confirmed by the Proprietors: and though some of these things (they said) were beyond their lordships’ power to grant, their interest with the king was great enough to secure them for their colonists. Their lordships, as might have, been expected, were astonished that Blake, himself a Proprietor,[756] should allow such an address to be issued,—a precedent for so much future evil.

The century now closed. Governor Blake died in 1700. As required under the 43 Articles, the deputies elected a Landgrave to succeed Blake, till the Proprietors could be heard from. At first they chose Morton. He was set aside afterwards by the council, as were all the Landgraves in the colony, and Colonel James Moore, a deputy, appointed. This competition gave origin, for the first time in the history of the colony, to what may be denominated party strife. Besides Moore, several able leaders now appeared,—among them, Major Daniel, Colonel William Rhett, and Sir Nathaniel Johnson; while to Nicholas Trott the foremost place must be assigned for distinguished learning and ability. On his arrival he espoused the popular cause; but with numerous offices and honors bestowed upon him by the Proprietors, he and his brother-in-law, Colonel Rhett, became their zealous champions. These able men so largely influenced their lordships that at a word from them governors and councils were sometimes set at naught.

At the opening of the new century, we must cease to look upon South Carolina as the home of indigent emigrants, struggling for subsistence. While numerous slaves cultivated the extensive plantations, their owners, educated gentlemen, and here and there of noble families in England, had abundant leisure for social intercourse, living as they did in proximity to each other, and in easy access to Charles Town, where the governor resided, the courts and legislature convened, and the public offices were kept. The road that led up from the fortified town between the two broad rivers so enchanted Governor Archdale that he believed no prince in Europe, with all his art, could make a walk for the whole year round so pleasant and beautiful. From the road, to the right and to the left, avenues of water-oaks in mossy festoons, and in spring-time redolent with jasmines, gave the passer-by glimpses of handsome residences, from whose spacious verandas could be seen on the east the beautiful waters of the Bay, on the west the Ashley River. Hospitality, refinement, and literary culture distinguished the higher class of gentlemen.[757]

Governor Moore and his party gained control of the council by filling vacancies with those of whose good-will they were assured. But they ineffectually sought, by every means in their power, to elect a majority of assembly-men in their interest. Even violence was resorted to, and some estimable gentlemen, opponents of the party in power, were set upon and maltreated in the streets. The assembly resolved to investigate the abuses at the election, and were, therefore, prorogued from time to time; and it was reported that martial law would be proclaimed. When at last the assembly convened, they began with recriminations. If the public welfare had required their counsels, why had the governor, through pique, prorogued them? And was it true that he designed to menace them with coercion? “Oh! how is that sacred word Law profaned when joined with Martial! Have you forgotten your Honor’s own noble endeavor to vindicate our liberties when Colleton set up this arbitrary rule?”[758] But further disputation was averted. The governor had planned a secret and sudden attack on St. Augustine. The assembly joined in the scheme. They requested him to go as commander instead of Colonel Daniel, whom he nominated. They voted £2,000; and thought ten vessels and 350 men, with Indian allies, would be a sufficient force. The doors are closed. Men, and even women, who had been to St. Augustine, are interrogated concerning its defences. An embargo is laid on the shipping in the harbor. Moore with about 400 men sets sail, and Daniel with 100 Carolina troops and about 500 Yemassee Indians march by land. But the inhabitants of St. Augustine had heard of their coming, and had sent to Havana for reinforcements. Retreating to their castle, they abandoned the town to Colonel Daniel, who pillaged it before Moore’s fleet arrived. Governor Moore and Colonel Daniel united their forces and laid siege to the castle; but they lacked the necessary artillery for its reduction, and were compelled to send to Jamaica for it. Unfortunately the agent sent put back to Charles Town, and the governor sent Colonel Daniel himself to Jamaica. Before he returned, two Spanish ships appeared off St. Augustine. Moore instantly burned the town and all his own ships, and hastened back by land. Colonel Daniel, coming from Jamaica with the artillery, narrowly escaped the Spanish ships, and was convoyed to Charles Town by an English man-of-war which he met at sea. The expense entailed on the colony was £6,000.

When this attack on St. Augustine was planned, it must have been anticipated in the colony that war would be declared against Spain and France. The impending danger to South Carolina, a frontier to Spanish Florida, induced the Proprietors to appoint as governor the soldierly Sir Nathaniel Johnson (June, 1702). James Moore was made receiver-general; Nicholas Trott, attorney-general; Job Howes, surveyor-general; and Rhett, Broughton, and other men of ability, adhering to the government in its hour of peril, increased thereby the power of the dominant party. Colonel Moore, being sent out by Johnson (December, 1703) with fifty Carolinians and one thousand Indians, ravaged the country of the Apalatchees, allies of the Spaniards, and utterly defeated them and a body of Spanish troops that came to their assistance. Three years later, in August, when yellow fever was prevalent and five or six deaths a day, in the small population of Charles Town, was not a rare occurrence, a French fleet of five vessels under Le Feboure, aided by the Spanish governor at Havana, suddenly appeared off the harbor. Troops were disembarked at several points. A council of war was held, and the Carolinians determined to go out and meet the enemy. Colonel Rhett, Captains Fenwicke, Cantey, Watson, and others, with many gentlemen as volunteers, defeated the invaders, and brought 230 French and Spanish prisoners into town. Thus perished the first attempt to take Charles Town by a naval force, a feat which never yet has been accomplished. The governor, handsomely rewarded by the Proprietors, thanked the troops for their valor and their unanimity at a time when violent estrangements existed between political parties in the colony.

We must now revert to 1704, and relate the occasion of these estrangements. The governor and dominant faction favored Episcopacy. Lord Granville, the new Palatine, was an uncompromising zealot for the Church of England. It was determined to establish that Church in South Carolina. This was not contrary to the charter; but most of the colonists were dissenters, and it would be useless at that juncture to endeavor to win over a majority of the assembly to the support of such a project. The assembly stood prorogued to the 10th of May. They were summoned earlier; and on the 4th a bill was proposed and read, 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 bill, and to conform to the religious worship of this Province, according to the Church of England, and to receive the Sacrament of the Lord’s Supper according to the rites of said Church.”[759] Some of the members called for the reading of the charter: but the opposition was soon overcome; the bill passed and was ordered to the governor and council, who passed it and returned it to the House; Landgrave Morton, of the council, being denied leave to enter his protest against it. It was pushed through the requisite proceedings and ratified under date of the 6th. It was passed by one majority,—twelve for it and eleven against it; seven members being absent. Some who voted in the negative are said to have been Episcopalians. The assembly was then prorogued till October. It was required by this law that in case a representative elected refused to qualify as directed, the next on the sheriff’s return should be entitled to the seat, or the next, and so on till the list was exhausted; then only should a new writ be issued. The effect was not only to exclude dissenters, but ten men could elect a member against the votes of a thousand. Another tyrannical abuse of party power was exhibited in an Act establishing Religious Worship (passed on the reassembling of the Commons), which authorized a lay commission for the trial of ecclesiastical causes. Dalcho says in his _Church History_, that they “were authorized to sit in the judgment-seat of spiritual officers, and thus to wrest the ecclesiastical authority out of the hands of the Bishop of London.” This gave offence to Churchmen. The Society for the Propagation of the Gospel, by whose liberality the colony had been greatly benefited, resolved not to send or support any missionaries in South Carolina, till the law, or at least that clause of it, should be repealed. The dissenters, already elected members of assembly, were not allowed (on reassembling in October) to enter their protests against the conduct of the Church party. The Rev. Mr. Marston was called to account by the commission and deprived of his benefice, for opposing the action of the oligarchy. But the case was carried to a higher tribunal, the House of Lords in England. Upon an able representation of the matter, redress having been refused by the Proprietors (under lead of Granville), a report was made to the queen, which caused the annulment of these two provincial laws. Nor was this all; the Board of Trade recommended the annulment of the proprietary charter (April, 1706). Since the accession of James II. there had been a disposition in the English authorities to revoke the charters to companies or individuals, and bring all the American colonies into a closer dependence on the Crown. Though the surrender of the Carolina charter was not on this occasion effected, yet it was manifest to the colony that an authority more potent than that of their lordships was interested in their welfare.

Lord Granville was succeeded in the Palatinate by Lord William Craven, and Colonel Edward Tynte was made governor. The once dominant faction, which had been transmuted, said Archdale, by Johnson’s “chemical wit, zeal, and art” into a High Church party, now fell asunder. Much attention had been awakened in England to the fortunes of the colony by the publications of Archdale and of Oldmixon and the “Case of the Protestant Dissenters;” and Governor Tynte entered upon his duties with kindly assurances and the wish to “render Carolina the most flourishing colony in all America.” He did not live long, and Colonel Charles Craven, brother of the Palatine, and previously an officer in the colony, was appointed in his place (December, 1710). Since the days of Joseph West, “moderate, just, pious, valiant” (says Archdale), no man more capable and beloved than Charles Craven had governed South Carolina. A sentence from an address of his to the Commons (April, 1712) shows the spirit of his administration. However great the honor of this office might be, “yet I shall look on it as a greater glory if, with your assistance, I could bring to pass so noble designs as the safety of this province, the advancement of its riches, and, what is more desirable” than riches, the unanimity and quiet of its people. “To what a prodigious height hath the united provinces risen in less than a century of years, to be able to create fear in some, envy in others, and admiration in the whole world!” The people, aroused by the expectation or apparent reality of their increasing importance, voted £1,500 for the erection of a State House and £1,000 for a residence for the governor. Unparliamentary altercations gave place to a generous emulation for the public welfare. The governor expressed the “greatest tenderness” towards all dissenters and assured them that nothing should ever be done by him injurious to their liberties. Though the law excluding them from the assembly was repealed, yet the Episcopal party retained ascendency and the public support of the Church (by a new Church Act) was continued. The parish system was inaugurated, and the representatives were increased to thirty-six. The turbulence of elections at Charles Town gave place to unmolested elections in the respective parishes. Libraries and a free school were open to all, and religious and educational advancement was promoted. Under Craven’s prosperous administration, it even seemed likely that the public debt would be liquidated, which had begun with the unlucky expedition against St. Augustine. But fresh expenditures were demanded in assisting North Carolina in her conflicts with the Tuscaroras; and scarcely had Barnwell and Moore rested from that campaign, when the most disastrous Indian war that South Carolina ever had to encounter broke suddenly upon her unsuspecting inhabitants. The Yemassees had been employed against the Apalatchees, and, at a later date, against the Tuscaroras. Being enticed by the Spaniards, whom their chiefs often visited, and being largely in debt to the English traders and irritated by their oppressive misconduct, they turned their experience in war against those who had taught them to fight, and, hoping for help from St. Augustine, began an indiscriminate slaughter on the line of settlements westward from Charles Town. Knowing the colonists to be formidable opponents, they had allured into conspiracy with them other Indian nations, notably the Creeks. So wide-spread was the combination formed that the governor asked assistance from other colonies. North Carolina in response sent aid under Colonel Maurice Moore (brother of James Moore), a friendly service which was gratefully appreciated and acknowledged by the assembly. But “expedition is the life of action,” said Craven; and not awaiting assistance, he fought the foe at once, and Colonel Mackay, in another direction, surprised their town, in which they had vast quantities of provisions and plunder, and attacking a fort to which they had betaken themselves carried it by assault and completely routed them. This effectually checked the Yemassees, and dispirited the tribes engaged to assist them. The assembly met, and, despatching such business as was necessary, adjourned to take up their muskets. All available forces were raised and placed under command of Lieutenant-General James Moore and Colonels John Barnwell and Alexander Mackay. The Yemassees, though joined by the Apalatchees, were forced beyond the Savannah, and took up their residence in Florida. We have not space to narrate the heart-rending or romantic incidents of this contest. The Yemassees had acted prematurely; otherwise the disasters to the colony would have been far greater. Many lives were lost (estimated at 400), an immense amount of cattle, produce, and other valuable property destroyed, and it was said that the traders alone lost £10,000 in debts due them. But the invincibility of the colonists was so forcibly impressed upon the minds of the Indians that they entered into no more combinations, and never again, except in straggling parties, penetrated to the vicinity of the fortified English settlements.

On account of the death of Sir Anthony Craven, the governor returned to England, leaving Colonel Robert Daniel to be deputy (1716) till the arrival of Robert Johnson (son of Sir Nathaniel), who was appointed to succeed him. At this time the French were extending their cordon of forts from Canada down to Louisiana and the Gulf of Mexico, and courting the alliance of the Indians who dwelt on the outskirts of the whole line of English colonies. In view of these new dangers and of the deserted condition of the westward parishes of the colony, the Carolinians were compelled to keep up garrisons and troops of rangers from the Santee to the Savannah. The expense of defending themselves and their great losses in the recent Indian war caused an application to the Proprietors for relief. Lord Carteret, Palatine in place of the Duke of Beaufort (who, before, had offered on his part to give up the colony rather than have it in need of adequate relief and protection), wrote to the Board of Trade, “We, the Proprietors, 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 board asked if such of the Proprietors as were not minors were “willing to surrender the government to the king.” There was no king upon the throne now gratefully sensible of the distinguished services of a Clarendon, Monk, Berkeley, Carteret, or Craven. It was not, on the other hand, the influences of a Danson, Amy, Blake, or even the descendants of the original Proprietors, that formed a barrier to the manifest interests of the whole British nation; but it was the admirable love of justice in the rulers of England that saved to the Proprietors the lavish gift of Charles II., even after their confession of utter inability to help their colonists. It was evident, however, that the termination of the proprietary authority must come. The colonists made it come. We shall now relate how this was done.

The assembly had been forced to issue bills of credit; at first to meet the debts incurred by Moore’s expedition against St. Augustine. This easy method of making money was continued, and of course the bills depreciated. The London merchants complained, and the bills were ordered to be called in and cancelled. To do this required £80,000. This large sum the assembly undertook to pay in three years by a tax on the lands and negroes of the colonists. Before this could be effected the colonial income, applicable to other expenses, was reduced by a royal order to cease the tax of ten per cent on importations of British manufactures; and at the same time an expensive expedition became necessary to suppress the pirates who infested the coasts, and at times seized every ship leaving the harbor of Charles Town. If the Proprietors were unwilling “to expend their English estates to support much more precarious ones in America,”[760] whom were the colonists to ask for aid, except the king? When Governor Johnson met his first assembly, he inveighed against addresses sent to England without consulting the Proprietors as “disrespectful,” “unjustifiable and impolitic.” He then offered the distressed colonists a “donative” from their lordships of a small remission of quit-rents. The assembly declined the donative. They instructed their committee “to touch slightly (but not by way of argument or submission) on what the last two assemblies have done heretofore in addressing his majesty to take this province under his protection.” The governor was anxious they should accept the donative; and equally anxious they should, in return, order a rent-roll for the benefit of the Proprietors. He said, “As the assembly is to pass wholesome laws even to private persons, much more to the Lords Proprietors, who are our masters.” The assembly replied, “We cannot but approve of your honor’s care of their lordships’ interest, who are, as you say, _your_ masters.” “If you look over their charters,” was the answer, “you will find them to be your masters likewise.” (December, 1717.)

The assembly elected Colonel Brewton powder-receiver. The governor, as military chief, required the assembly to order forthwith the keys to be delivered to Major Blakeway, whom he had commissioned. The House refused. The governor offered a compromise: “My officer shall keep the magazines and give receipts to your officer for all powder delivered into his keeping.” “What is the use,” replied the House, “of a powder-receiver who does not keep the powder?” “But I insist upon keeping it,” said the governor, “for I am his majesty the king’s lieutenant.” He soon saw an advertisement by the House, signed by their Speaker, declaring their right to appoint “all officers who receive a settled salary out of the public treasury of this province,” and to “put out, call to account, and put in place,” at discretion, all such officers; and commanding, under penalty, the powder-tax to be paid by all ships to the officer elected by the assembly.

The people, however, were fond of Governor Johnson. They did not always harmonize with strangers sent over to govern them. But Johnson was almost one of themselves, and they admired him for his conspicuous bravery. He had gone personally in pursuit of the pirate Worley, and after a desperate encounter brought in alive only the chief and one of his crew, they having been smitten down with dangerous wounds; and he had immediately caused them to be tried and executed. At this time, too, Colonel Rhett had captured Bonnet, pursuing him into Cape Fear River, and brought him and about thirty of his crew to Charles Town, for speedy execution. The people knew that the governor was in duty bound to promote the cause of the Proprietors. But some of his adherents they justly regarded with ill-will. There had been, as before mentioned, a change, very acceptable to the people, in the mode of electing their representatives. Trott and Rhett had had great control in elections while the ballot was in Charles Town; and the former had been writing to their lordships against the new method of election by parishes. To the surprise of the governor and of all but Trott, orders came from London to disallow that method, to dissolve the assembly, and to summon another to be chosen by the old method; to repeal also the act for electing the powder-receiver, and other laws, such as that for the rehabitation of the Yemassee lands by bringing over Irish settlers to live there, which the people deemed of great importance to the welfare of the colony.[761] The argument was, with their lordships, What right have the assembly to alter anything determined by us? It is true our deputies sanctioned these laws; but we are not bound by what our deputies do, being ourselves the head and source of legislative power in our colony. The people thought, on the other hand, that an enactment by the assembly ratified by the governor and council, the appointed agents of the Proprietors, should not be set aside by the mere whim of a few persons on the other side of the Atlantic, or by the dictation of a man like Nicholas Trott. This gentleman had now to confront the long-delayed denunciation of Whittaker, Allein, and other prominent lawyers, who had for years endured his arrogance and tyranny in court. Thirty-one articles of complaint against him were presented to the assembly, and by them communicated to the governor and council. They knew the allegations to be well founded, and united with the assembly in requesting the Proprietors to restrict their favorite’s power. It had even been ordered from London that no quorum of the council should sanction a law unless Trott was one of the quorum. For a time, too, the whole judicial power was in his hands. Francis Yonge, a member of the council, deputy of Lord Carteret, and surveyor-general, was deputed, with suitable instructions, to proceed to London and confer with the Proprietors (May, 1719). Lord Carteret was absent on an embassy. The others kept Mr. Yonge waiting, without conference, for three months; then sent him back with sealed orders. In fact, some of the Proprietors were minors; others lived away from London; the few who exercised authority left many matters to their secretary: and thus, says Yonge, “a whole province was to be governed by the caprice of one man.” If the secretary managed the Proprietors, Trott and Rhett managed him. When the sealed orders were opened, it was found that Chief Justice Trott was thanked, the governor reprimanded, his brother-in-law, Colonel Broughton, turned out of the council, together with Alexander Skene and James Kinloch; Mr. Yonge alone being permitted to remain, in courtesy to the absent Palatine (Carteret) whose deputy he was. A new council was appointed, and the governor again ordered to dissolve the assembly and call a new one under the old method of election.

The deputies excluded from the council and other prominent gentlemen now became active among the people. The arguments they used must have been: Have not the Proprietors, spurning all appeals, protected a tyrannical judge, and continued him in power over the lives and property of the people? Have they not refused to part with an acre of their immense uncultivated domains for public use in supporting the garrisons? Have they not obstructed our efforts to bring an increase of settlers here for the strengthening of our frontiers, and divided out the land, by thousands of acres, for their own emolument? To foster the power of a few favorites, have they not annulled our laws for the equitable representation of the people by fair and peaceful elections? Have they helped the colony in its distress, beat back the Spaniards, resisted the invasion of the French, suppressed the pirates, or quelled at any time an Indian horde? Can they now, masters as they claim to be, protect us in any emergency? And if, after all these provocations, we choose to rebel and throw off their vaunted absolutism, where are their forces to check our revolt? Will King George, our sovereign, to whom we appeal for protection, furnish them with an army to reduce us to submission? Influenced by such sentiments, the people came again to the polls at Charles Town, to elect their last assembly under the proprietary government. Mr. Yonge, who was there, tells us, “Mr. Rhett and Mr. Trott found themselves mistaken, in fancying they could influence the elections when in town, so as to have such members chosen as they liked, for it proved quite the contrary; they could not get so much as a man chosen that they desired. The whole people in general were prejudiced against the Lords Proprietors to such a degree that it was grown almost dangerous to say anything in their favor.”