YALE UNIVERSITY LIBRARY This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy ofthe book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. A SKETCH OF 1SE\- HISTORY OF SOUTH CAROL.^ TO THE CLOSE OP THE PROPRIETARY GOVERNMENT BY THE REVOLUTION OF 1719. WITH AN APPENDIX CONTAINING MANY VALUABLE RECORDS HITHERTO UNPUBLISHED. CHAELESTON: McOAETBE & CO. 1856. Entered according to Act of Congress, in the year One thousand eight * hundred and fifty-six, by McCAETEE & CO., In the Clerk's Office of the District Court of South Carolina. cess.ao PREFACE. , The writer of the present volume having been requested to prepare a History of South Carolina for the use of schools, entered upon the task, thinking it one of little diffi culty. But he soon found that with respect to all the early period of our history, recourse must be had to original investigations. The materials collected in this research seemed too valuable to be lost ; and it has been determined to issue the greater part of them as an Appendix, and to limit the' extent of the volume (without an intention of proceeding farther) to the close of the Eevolution of 1719, by which the colonial government was changed from the lords proprietors to the king. The first six chapters and a portion of the seventh having been, already composed simply with the view of preparing a text-book, nothing more is claimed for this volume than the fact that it casts some light upon the obscure and neglected period of which it treats. The Grand Council from its various functions was, for a long time, the most important body in the government ; yet we have their Eecords or Journals for about two years only of the fifty embraced in this History. On which ac count considerable space has been given in the Appendix (3) 4 PREFACE. to materials relating to the earliest years of the English colonization. The author has a summary of most of the papers in the State Paper Office of London, explaining the Letters, Instruc tions, &c, mentioned in the "List," and extending to 1776; but withholds it chiefly because, at his suggestion, the South Carolina Historical Society, lately established, is now re ceiving a more complete Index of a part of these papers ; which it is hoped they will be induced soon to publish, together with other most important records of later periods of our history. For a full elucidation of these periods in particular, a general interest has been awakened by recent events. But such an elucidation of any period, it should be remembered, depends upon the accumulation of authentic materials ; and we should all esteem it a privilege to con tribute, in however small a degree, to the accomplishment of so desirable a result as the complete and truthful history of our State. WM. JAS. EIVEES. Charleston, July, 1856. CONTENTS. CHAP TEE I. Discoveries in the Fifteenth Century — Voyages to North America — Visits to the Coast of South Carolina, — Vasquez de Ayllon — His First and Second Voyage — Verrazzano — Eibault — Charles Fort — Condition of the Garrison — Charles Fort abandoned by the French — Their subsequent establishment in Florida 11 CHAPTEE II. The Indians who inhabited South Carolina — Their Numbers and Situation — Eemnants of Tribes — Migrations — Towns — Govern ment — Eeligion — Domestic condition — Intercourse and Alliances — Trade with the Whites — Traders — Indian Warfare 33 CHAPTEE III. English Settlements in North America, — Charles II. grants the region south of Virginia to eight noblemen, in 1663 — Origin of the name of Carolina — The Proprietors and the Services they had rendered to the King — Opposition to their Claims set aside — Their first Efforts to form a Colony — Settlements in Al bemarle and Clarendon counties — Liberal Concessions to Settlers — Forms of Government permitted — Policy of the Proprietors — The second Charter, and extension of the Carolina grant — Synopsis of the Charter of 1665 — The Eeligious Intolerance at that time in England, and the Eeligious Freedom bestowed by the Charter — Differences of the Charters of Connecticut, Ehode Island, and Carolina. 60 (5) 6 CONTENTS. CHAPTER IV. The Proprietors dissatisfied with the results of their Colonial Po licy — Treaty between England and Spain — A more perfect form of Government designed for the whole Province — The Funda mental Constitutions — The Founding of a New Colony to be governed by these Constitutions — The Settlement directed to be made at Port Eoyal — Wm. Sayle appointed first Governor. — Jos. West commander of the fleet — Instructions to Sayle, West, and other Officers — Arrival at Port Eoyal — Leave Port Eoyal and settle on Ashley Eiver — Old Charles Town — Death of Sayle.. . . 80 CHAPTEE V. Joseph West administers by choice of the Council — a Parliament formed — Powers of the Grand Council — Condition of the Govern ment — Arrival of Settlers and Towns laid off for them — Tempo rary Laws and Instructions of 1671 — Instructions to Captain Halsted — Eemarks on the Conduct of the Proprietors — War wy.h the Kussoes — Acts passed by Parliament — Sir John Yea mans claims the office of Governor — Denied by the Council — Appointed Governor by Proprietors — His Administration — In troduction of Negro Slaves— Tbe Proprietors dissatisfied with STeamans — Popular Disturbances — Incursion of the Spaniards West appointed Governor — Prosperous Condition of the Colony — Popularity of Gov. West — Alteration of the Fundamental Constitutions of 1669 — A second Set sent out — Eejected by Parliament — Temporary and Agrarian Laws of 1672 — Political Parties begin in the Colony — Accession of Settlers— Planta tion of Long Island under Governor Percival — Proprietors take the Indian Trade into their own hands — Cession of Land by the Indians — War with the Westoes — Eemoval of Charles Town to Oyster Point — Condition of the Colony — Policy of the Pro prietors — West superseded as Governor o>t CHAPTEE VI. Establishment of Counties and separation of Polls — Opposition to the Plans of the Proprietors — A Governor from abroad ap- Abuses his Position —Joseph West again Governor — Political state of the Colony — Obstinacy of Proprietors — West's services to the Colony — Morton again Governor — Fundamental Constitu tions ordered to be subscribed by members of Assembly — Eefusal and ejectment of majority of the Members — Lord Cardross and his settlement at Port Eoyal — Expedition against St. Augustine — Stopped by arrival of Colleton as Governor — Disappointment; of the people- — Pirates — The extent of indulgence shown them of the Colonists — Opposition to the Navigation Acts — Proprie tors in danger of losing their Charter — Disposition of the people for a Eoyal Government — Increased opposition to the Proprie tors — Governor Colleton — Disagreements with the people — Pro claims martial law — Arrival of Seth Sothell — Favored by the people — His action against Colleton and his party — Proprietors recall Sothell — Colonel Philip Ludwell appointed Governor — Grievances of the people unredressed — Private Instructions to Ludwell — Opposition of Assembly to plans of Proprietors — Dis pute on Indemnity Act — Committees on grievances and framing' a plan of Government — Proprietors, become conciliatory — Their concessions — Fundamental Constitutions laid aside — Condition of the colonists unaltered 134 CHAPTEE VII. The Rules of Government according to the Charter — Ludwell courts popularity — Landgrave Smith appointed in his place — Power of originating laws yielded to the Commons House of Assembly — Difficulties which discouraged the new Governor— He resigns, and proposes that a Proprietor should be sent over — In troduction of Eice — The Huguenots of Carolina: — John Arch- dale arrives — His Instructions and Administration — Settlement of Popular Grievances — His Indian policy — Leaves Joseph Blake governor — The last Fundamental Constitutions — The As sembly desire greater Privileges— The Proprietors and People at the close of the Century * 167 8 CONTENTS. # CHAPTEE VIII. Nicholas Trott— His Influence in the Colony— Death of Blake— A Faction places Moore in his place — Abuses at Election — Secret Expedition against St. Augustine — Queen Anne's War- Failure of the Expedition— Its Results — Defection of the Assem bly— Riot in Charles Town— Sir Nathaniel Johnson, Governor— Granville, Palatine — The Faction predominate — The Establish ment of the Church of England becomes their chief object — Increased Abuses at Election — Complaints of the People — Mili tary Condition of the Province — Moore's Expedition against the Apalatchee Indians — French and Spanish Invasion of Carolina — Repulsed — Designs of the New Party — Dissenters and Epis copalians — Trickery in summoning the Assembly — Act passed excluding Dissenters — Protests of the Minority — Establishment of Church of England — Boon sent to England by the People — Rejected by the Proprietors — Petitions the House of Lords — Their Address to the Queen — Proceedings against the Charter — Colonial Acts declared null and void — Events in the Colony under the Disqualifying Act — A New Assembly iu favor of the Dominant Party — The Governor's Violence 191 CHAPTER IX. The Disqualifying and Church Acts repealed in the Colony The • Church Act of 1706— Benefits derived from it— Schools and Education — The General Condition of the Province — Population — Militia— Commerce — Shipping— Manufactures— Indians— Ee ligious Sects— Prices of Labor — Public Expenses — Paper Cur rency—Agriculture—Change in Political Parties— Trott and Ehett — Their unpopularity — Altercations of Governor and As sembly—Death of Granville— Col. Tynte appointed Governor— The Assembly vindicate Johnson against the charges of Boon Instructions to Gov. Tynte— He dies— Gibbes and Broughton" contend for the Office — Charles Craven appointed Exports of the Province— Popularity of Craven— The Tuscarora War- Policy of keeping in England a permanent Agent for the Colony —The People desirous of a change of Government from the Pro- Bills of Credit— Merchants of London complain— The Proprie tors, give Trott a veto power in Carolina — Excitement and Com plaints of the People— Agents sent to England— The Yamassee War — Craven returns to England — Col. Eobert Daniel Deputy Governor .' 229 CHAPTER X. Feeble and impoverished Condition of the Colony — Proceedings of \ the Agents in England — The Proprietors unwilling to assist the '. Colonists — Memorials to the House of Commons — Proceedings \between the (King's Council, Board of Trade, and Proprietors, feoncerning a "Surrender of the Charter — Proprietors refuse — Assistance granted by the King — The Proprietors conciliatory to the People — Measures adopted by the Carolinians for their Defense against the Indians— Goden's Memorial against the Pro prietors — The Colonial Assembly address the King to be taken under his .immediate Protection — Continued Indian Troubles, and increase of Public Debt in Carolina — Eobert Johnson Go- vernof — Unwise Instructions of the Proprietors — Attempt to force the People to greater Submission — Complaints of the Creditors in London — Disagreement of the Governor and As sembly — Expeditions of Johnson and Ehett against the Pirates — The Election of Representatives by Parishes, the Acts raising Duties on British Manufactures, &c, repealed by the Proprie tors — Right of Repeal denied by the Assembly— Dissolved — The Influence of Trott and Rhett with the Proprietors— Com plaints against Trott by the People, Assembly, and Council, not heeded by the Proprietors— How the Affairs of the Proprietors were managed— Yonge goes as Agent of the Council to England — Proprietors' Answer to Johnson — Deputies who joined in Complaint against Trott removed— A Council of Twelve ap pointed—Johnson determines to be guided by Trott— Commo tions among the People— Elect their last Assembly under the Proprietary System— Associations formed for Revolution — The Province threatened by the Spaniards— Muster of the Militia 10 CONTENTS. ordered — They all join the Association — Alexander Skene — Johnson informed by Letter of the Intention of the People, and requested to be their Governor under the King — Declines, but has no Power to restrain the People — Private Meetings in the Country — Assembly meets — Refuse to acknowledge the new Council — Eesolutions — Take the Title of a Convention — John son's Address — Eefuses to be their Governor — He dissolves them — Their Proclamation 269 A SKETCH HISTORY OF SOUTH CAROLINA. CHAPTER I. Discoveries in the Fifteenth Century — Voyages to North America — Visits to the Coast of South Carolina — Vasquez de Ayllon — His First and Second Voyage — Verrazzano — Eibault — Charles Fort — Condition of the Garrison — Charles Fort abandoned by the French — Their subsequent establishment in Florida. In the beginning of the fifteenth century, the Portuguese ventured to explore the western coast of Africa, and succeeded in reaching its southern ex tremity [1468], which they named Good Hope, in anticipation of the riches to be gained from a pas sage to India by sea. Before this fortunate termina tion of their efforts, Pope Nicholas had granted to their king and his heirs [1454] the sovereignty over all the countries which they had already dis covered, and had forbidden the subjects of any other nation to visit those regions, without the permission of Portugal. It was believed at that period that the (H) 12 EARLY HISTORY OP SOUTH CAROLINA. Pope had the right of thus giving to whom he pleased immense portions of the earth ; and for this reason his decree was respected for many years by the other European powers. The design of Columbus was to find a different passage to India, by sailing westwardly across the Atlantic. His wonderful discovery of the New World [1492] in behalf of Spain, was soon followed by the doubling ofthe Cape of Good Hope [1497] by the Portuguese; and the reports of the marvelous wealth of the islands of the West, as well as of the East, were confirmed by the abundant riches which rewarded these enterprises. Another papal decree } '< lavishly bestowed upon Ferdinand and Isabella/ / [1493] the islands and continents in the regions dis covered by Columbus, and threatened the penalty of excommunication against all who should interfere with their rights.* But boundless portions of the world still remained to be explored, and the Pope's authority lost its effi cacy : both because he had made, from what really did not belong to him, a donation of indefinite ex tent, and because such a gift became an injurious restriction on the commerce and enterprise of other nations. With justice also it began to be denied that any nation had the right to exclude all others * For this singular bull of Alexander, with that of Nicholas in favor of Portugal, vide Vattel, b. i., ch. 18, ref. Leibnitz Cod. Jur. Gent Diplom. ; also, Cod. Diplom. Colombo. The right to make this gift was declared to be " Auctoritate omnipotent Dei nobis in beato Petro concessa ac vicariatus Jesu Christi qua fungimur in terris." The flicting claims of Spain and Portugal, arising from these papal decrees" were afterward settled by plenipotentiaries from each nation EARLY HISTORY OF SOUTH CAROLINA. 13 from vast and undefined regions which it could not itself people nor cultivate, and which it claimed merely from priority of discovery, without having taken such possession of the land as implied a per manent occupancy. Of course the rights of the original possessors of the land were not taken into serious consideration by the rival states of Europe ; and those who had the power to acquire territory by the conquest of the Indians in America, or the tribes of Asia and Africa, easily found a justification or excuse for doing so in the general opinion, that heathenism should give place to Christianity, and a barbarous mode of life to the extension and develop ment of civilization. In the mean time, expeditions from England had attempted to sail to India and China by a north-west passage through America ; for it was the prevalent belief of navigators that such a passage existed. An effort to accomplish the same object was also made • by the English by sailing in a north-eastern direction into the White Sea. In the first series of these ad ventures, conducted by John and Sebastian Cabot, England gained the honor of discovering [1497] the main land of the American continent, fourteen months before it was reached by Columbus in his third voyage. During the sixteenth century, numerous voyages were made to North America from England, France, and Spain; some under the patronage of the mo narchs, with the view of extending their respective dominions ; and others by adventurers or companies of merchants, who were ambitious of securing to 2 14 EARLY HISTORY OF SOUTH CAROLINA. themselves a share of the rich commerce that had been opened to the world. From these voyages arose the conflicting claims of these kingdoms "to various portions of North America; whilst South America fell to the possession of Spain and Portugal; and Holland, with her great maritime power, was bearing off from the Portuguese the honors of discovery and conquest in the East Indies. But from the disappointment of the English, French, and Spaniards in their efforts to find a pas sage to India and in their hopes of sudden wealth from their expeditions to North America, and from the absorbing affairs of Europe, which was contin ually distracted by wars and religious dissensions, more than a hundred years were allowed to pass before the English effected a permanent settlement in Virginia [1607], and the French in Canada [1608]. About forty years before these events the Spaniards "had laid the foundation of St. Augustine [Sept. 1565]; their occupancy having been hastened by the efforts of the French Protestants to establish them selves at Port Royal, in what is now the State of South Carolina, and which was claimed by Spain as a part of the region she had discovered and had named "Florida." From this brief glance at the interesting course of events that rendered famous many bold and. skillful navigators, we will now turn our attention to the visits which were made to the coast of South Caro lina, and the occurrences which took place chiefly within our present borders. The Europeans who first arrived on the coast of EARLY HISTORY OF SOUTH CAROLINA. 15 i South Carolina were those who formed the expedi tion from Hispaniola, in 1520. In this adventure Lucas Vasquez de Ay lion was interested as a partner; and although he did not accompany it, his subsequent activity in seeking his personal advantage from its results, has caused his name to be particularly asso ciated with it. Two vessels were fitted out by him self and six others, for the purpose of seeking in the islands of Lucayos, north of Cuba, a supply of In dians to work as slaves in the gold mines of Hispa niola. Either they were disappointed in their object, or (as others said) were driven beyond these islands by a tempest which lasted two days; and more by chance than through the design of discovery, they reached the coast of North America about the latitude of thirty-two" degrees. They entered a bay, a cape of which they named St. Helena, and a river in its vicinity they called the Jordan. On one side of this bay was a portion of country called by .the natives Duharhe, or Gualdape, and on the oppo site side^, Chicora. As the vessels approached, the Indians came down to the coast in crowds, wondering at their strange appearance, but fled again to the covert of the forest as soon, as the Spaniards began to disembark. Some young men from the crew were sent in pursuit, and succeeded in overtaking a man and a woman, whom they brought to the vessels ; and having given them food and drink, and clothed them in Spanish costume, they allowed them to return to the forest. The In dians being thus assured of the friendliness of their strange visitors, sent them a present of provisions, 16 EARLY HISTORY OF SOUTH CAROLINA. and welcomed them with great hospitality. After some stay on this coast, and a partial examination of the adjacent country, the Spaniards invited the trust ing natives on board to au entertainment; and watching till the decks were most crowded, they suddenly drew up the anchors and unfurled the sails, carrying off to a wretched fate the guests whom they had just received with so much appearance of friendship. One of the vessels foundered at sea, and all on board perished. Many of the captives in the remaining vessel were so filled with grief, that they refused to take food, and died before the end of the voyage. Of those who survived and were carried into bondage, some also languished and sank under their sufferings ; and the rest became so feeble that they were dis tributed among the people to be employed as domes tic servants or in the lighter task 'of husbandry. The Senate of Hispaniola (of which Vasquez was a member) were indignant at the cruel kidnapping of these Indians, and desired to send the survivors back to their native country.* * This account of Vasquez's first voyage depends upon his relation of it to Martyr, and the less objectionable testimony of his contem poraries, Galvano and Gomara. The captive whom Vasquez took to Spain seemed to acquiesce in any story his master made, such as that the Indians of Duharhe were white — that there was a great kino- named Chiqvrola or Chichora, by which name Vasquez was pleased also to call the country ; and which Bancroft, Stevens, and two of our own writers have inadvertently stated to have been the Indian name of the whole State. The captive also related that there once was a race of men in his country who had tails a span long and of a bony hardness, and who had to dig a hole in the ground to put these appendages in, when they wished to sit down. The reiterated statement in our authors, that the " Jordan" is the EARLY HISTORY OF SOUTH CAROLINA. 17 But Vasquez having gone to Spain on business con nected with the public affairs of Hispaniola, carried with him one of the captives, and made such use of the interest excited by this native of the New World, and by the marvelous stories which he himself fabri cated, that he obtained from the Emperor Charles V. (after whom the Indian was christened Charles of Chicora) a commission to conquer and govern the country which had been discovered. For this purpose he returned to Hispaniola, where he armed three vessels, and elated with hopes of fame and fortune, set sail from the city of St. Domingo in the year 1525. The true events of this expedition are not clearly known. It appears that he reached in safety the place which had been before visited, that one of his vessels was stranded in the river Jordan, and a large number of his men whom he sent on shore perished, through their own careless ness, by the hands of the natives. We are told that Vasquez thereupon returned to Hispaniola, and died of grief on account of the failure of his plans. But this is not probable, both from his own character, and from the fact that he still had ample means for pro secuting his designs. Perhaps another report is true, which states that he died after arriving on the coast of America ; that dissensions and slaughter occurred among the principal men of his company for the chief command; and that in the wanderings and mis- Combahee, I am not not prepared to adopt, after a close examination of the accounts qf early voyages, old maps and charts, and a compari son of Indian names that have been handed down to us. If, however, we believe that Cutisi-chiqui was the old name of Silver Bluff, the Jor dan could not have been far from the Savannah river. 2* B 18 EARLY HISTORY OF SOUTH CAROLINA. fortunes which ensued, many of the soldiers died of starvation ; and out of six hundred who had reached the coast only fifty-seven lived to return.* The failure of this expedition, and the equally disastrous fate of Narvaez and of De Soto and their numerous companions, seem to have disheartened the Spaniards. At least, they were now convinced that quarries of gems and countless mines of gold and silver were not to be found in this part of North America ; and their abandonment of the country for forty years left it open to exploration and occupancy by adventurers from other European states. In January, 1524, Giovanni Verrazzano engaged in a voyage of discovery in behalf of Francis I. of France. He reached the continent in 34° N. Lat., and sailed about " fifty leagues" southward along our coast, searching for a harbor, but turned again toward the north, and landed probably in the neigh borhood of Cape Fear River. It was then the spring of the year, and the clearness of the sky, the mild ness of the climate, the refreshing verdure of the land, and the friendliness of the natives, inspired him and his followers with great admiration. He con tinued to sail northwardly along the continent, some times landing to examine the country and obtain a knowledge of its inhabitants, until he reached 50° of N. Lat., when his provisions began to fail, and he returned to France early in the month of July. * The discrepancies regarding the second expedition of Vasquez will appear from consulting the statement of Galvano in Hakl. ; Barcia's Ens. Chron. in Sparks' Ribault; De Laet's Novus Orbis ; the Eelation of an Eye- Witness in Hakl. ; and Force's Coll., vol. 4 ; and the Letter of Biedma to King and Council, in Hist. Coll. Louisiana. EARLY HISTORY OF SOUTH CAROLINA. 19 In his interesting narrative of his voyage he disclosed the object of the expedition, which was still the find ing of a passage through America to the East Indies.* On account of this discovery and those made in Canada, the French claimed the greater part of North America, under the title of New France. But their attention was withdrawn from their interests in these distant regions by the civil and religious wars which destroyed their peace and security at home. At length Coligny, Admiral of France, and a leader of the Huguenot party, obtained permission from Charles IX. to establish a colony of Protestants in America; a permission willingly granted by that monarch, the annals of whose reign were destined soon to be stained by the horrid massacre of St. Bartholomew's day. Coligny had before endeavored to form a Protestant colony in Brazil, but his benevolent design was frus trated by the division and defection of its leaders.^ The voyage now undertaken was to be chiefly directed to the discovery of a suitable place for the colony, and men of bravery and endurance were required for the perils and difficulties to be encoun tered. Consequently, on the 18th February, 1562, Jean Ribault was sent out in command of two of the king's ships and a company of veterans, together with many gentlemen, who joined the expedition from the uncommon interest which its object awakened ; so that they had the means, says Laudonniere, " to * There is but one authentic document relating to Verrazzano, namely, his Letter to Francis I., first published by Ramusio. See for additions subsequently discovered, N. Amer. Rev., Oct. 1837. t Charlevoix Hist. Nov. Fr. Memoires sur l'Hist. de France, vol. 32, p. 414. 20 • EARLY HISTORY OF SOUTn CAROLINA. achieve some notable thing, and worthy of eternal memory." The course of navigation from Europe to America, had usually been by way of the Spanish islands in the West Indies. Ribault boldly ventured directly across the Atlantic ; and on the 30th April reached the continent in 30° N. Lat. He landed at a river which he called the May, because he discovered it on the first day of that month. This is the St. John's River in Florida. The natives, both men and women, came to the shore to receive the French with presents of fruit, baskets of corn, and dressed skins. Where- ever Ribault met the Indians on the coast, the same friendly reception rewarded his peaceful offering of trinkets and his gentle efforts to conciliate their good will. Near the mouth of this river, on a hillock of sand, he caused a pillar of stone to be erected, on which were engraved the arms of France, and by which he signified that he took possession of the country for his king. The simple natives having beheld the religious worship connected with this cere mony, crowned the pillar with garlands of laurel after the departure of their visitors, and long esteemed it an object of superstitious reverence. The reports of the Spaniards who forty years before had visited this part of the continent, induced the French to search for the river Jordan. For about four weeks, therefore, Ribault sailed along the land toward the north ; the two ships continuing in the open sea, because they were on an unknown coast while the pinnaces or small boats moved nearer the land. The names of various rivers of France were EARLY HISTORY OF SOUTH CAROLINA. 21 fancifully given to Jjhe streams which were found emptying into the sea, or to inlets which were mis taken for the mouths of rivers. At length stormy weather came on and dense fogs, which caused the ships, for their safety, to put out to sea, and Ribault lost sight of the pinnaces for a day and night. The next morning the weather was clear and the sea calm. He soon discovered his boats, and was informed that they had found shelter in a fine harbor at the mouth of a large river. To this harbor he now gladly repaired to obtain fuel and fresh water, and to refit his vessels after his. long voyage. Here, on the 27th May, he cast anchor in a depth of ten fathoms, at the opening of a spa cious bay, which from cape to cape was three leagues wide, and formed the entrance to a noble river. The name of Port Royal was given to this river, on account of its size and the beautiful scenery around it. The harbor he esteemed one of the best and fairest in the world ; and it was said that the largest ships of France, " yea, the argosies of Venice," could enter in there. Having moored his vessels, Ribault with his soldiers went on shore, and was equally delighted with the stately cedars, the wide-spreading oaks, and fragrant shrubs. While they walked through the forest, flocks of wild turkeys flew above their heads, and around they beheld partridges and stags, and imagined that they heard the voices of bears and leopards, and of " divers other sorts of beasts unknown." On return ing to the ships, they cast their nets in the bay, and caught, fishes in numbers so wonderful, that two 22 EARLY HISTORY OF SOUTH CAROLINA. draughts of the net supplied enough for a day's food for the crews of both ships. Ribault explored with his pinnaces the adjacent country; and noticed one branch of the river leading to the west, and which was subsequently found not to penetrate far into the interior; and another leading to the north, and by which he supposed he might reach the river Jordan. The former branch was doubtless the Broad River, and the latter, the Port Royal River. He noticed also that between these was an island, (which is now called . Paris Island,) pointing toward the entrance of the river where his ships were anchored. These branches were reckoned to be two leagues wide. When he had proceeded up Broad River about twelve leagues, he found a smaller branch leading toward the east, which was probably Whale Branch, uniting with the Coosaw above Beaufort. While going up Broad river, he noticed a number of Indians on a neck of land, roasting an animal, which was thought to resemble the "lucerne," (and which was no doubt a wild cat,) and he therefore named this place Cape Lucerne." The Indians fled at the approach of the French, leaving the animal at * The lucerne of Laudonniere (Hakl.) is called in De Bry, lupi cer- varii ealvlus, which my friend Dr. Bachman tells me is the common wild cat, (lynx rufus,) which the Indians eat. " The negroes," continues Dr. B., " think it a delicacy ; and from what I have seen of it when cooked, I judge that it is rather a delicacy when the animal is fat." Lawson says, " By tho way, our guide killed more turkeys, and two pol- cals, which he eat, esteeming them before fat turkeys ;" " the Indians love to eat their flesh, which has no ill smell when the bladder is out " (Hist, of Carolina, Lond. 1718 ; pp. 27 and 119.) EARLY HISTORY OF SOUTH CAROLINA. 23 the fire. Others also whom he afterward met, hid themselves in the woods. Their timidity, however, was soon overcome by the sight of various articles of merchandise, and by the friendly gestures of the French ; and they, in their turn, brought presents of deer skins and baskets made of palm leaves, and a small number of pearls. They also prepared to build an arbor of boughs to shelter their visitors from the heat of the sun, and sought with manifest good will to induce Ribault and his party to remain with them. After a few days he returned to these Indians with a band of soldiers, for the purpose* of taking two of them to carry to France, in accordance with the command of the queen. Verrazzano had carried off an Indian on his return from America, as did Vasquez, Columbus, and other voyagers ; perhaps not so much to gratify the curiosity of people at home, as to instruct the captives in their language, and thus obtain some information of the interior of the country and its mines of gold and silver. The Indian chief permitted two of his men to accompany Ribault; and they, thinking themselves more favored than the rest, gladly entered his pinnace. But when they perceived that they were to be carried to his ships, they attempted to escape, and would have jumped into the river. Neither kindness nor handsome presents could reconcile them to a separa tion from their friends. After being detained some time on board the ship, they escaped by night in a small boat ; leaving, however, all the gifts they had received. Ribault did not regret their escape, for he thought that they could only increase the good-will 24 EARLY HISTORY OF SOUTH CAROLINA. of their tribe toward the French by an account of his liberality and kind treatment. Ribault now proceeded to take possession of these regions in the name of his king and country. Another stone pillar, engraved with the French armorials, was brought from his ship in the pinnace, and he sailed up Broad River about three leagues, until he reached an island separated from the main land by a small stream, through which he sailed till he found on the island (which is believed to be Lemon Island) a hillock commanding a beautiful view ; here he erected the pillar near a small lake of fresh water. In the immediate neighborhood of this spot was another island, which he named the Isle of Cedars. Having thus explored to some extent the sur* rounding country, and performed the ceremony of taking possession of it, Ribault determined to leave a garrison to keep this beautiful situation ; while he returned to France to report to Admiral Coligny what he had accomplished, and to procure further aid in establishing a permanent settlement. After the delivery of an animating address, twenty- six of his followers volunteered to remain, over whom Capt. Albert de la Pierria was appointed com mander. Ribault next proceeded to select a spot for a fort. He ascended the Port Royal River along Paris Island, until he met a stream on the left, deep enough to harbor vessels of small size ; and after advancing some distance, he found an open situation on the bank of this stream, where he marked out the dimensions of a fort, suitable for the small garrison which he was about to leave. The stream he named EARLY HISTORY OF SOUTH CAROLINA. 25 the Chenonceau, and the fort Charles Fort, in honor of his king. There are many reasons for believing that Charles Fort was built on the eastern side of Paris Island, where there are still the traces of its intrenchments, on a commodious creek called Pilot's Creek.* After the crews of the ships had actively assisted in digging the trenches and constructing a part of the fort, Ribault supplied it with tools, provisions, and warlike stores. At ten o'clock next morning, which was the 11th June, 1562, he and his compan ions took leave of the garrison, and fired a salute to Charles Fort, whose battlements were the first in North America from which waved the flag of France. The salute was answered from the artillery of the fort ; and Ribault sailing from the harbor of Port Royal, turned his ships northward, still in the vain search of the river Jordan. After sailing about fifteen leagues, the mouth of a river was dis covered, (perhaps the Edisto,) but the pinnace found the depth of the entrance only half a fathom, from * In a letter from Capt. George P. Elliott, than whom there is no higher authority on the local history of Beaufort, I am informed that these intrenchments correspond with the length and breadth given by Laudonniere— that the fort was built of earth, with a fosse around it, in which the tide was admitted — that it had flanks for cannon — that the trees upon it are of the growth of centuries — that grapeshot and pieces of very old crockery have been found about it. " There is no mention of it," he continues, " in any history of South Carolina. The ' Old Fort' (Spanish) as claimed by tradition, is situated four miles below Beaufort." Fort Marion is two rpiles nearer to Beaufort. Both of these forts are on Port Royal Island. " Fort Charles" is situated on the south-eastern point of Paris Island, is open to the ocean, situated upon a small creek which can be reached by " pinnaces on the flowing of the tide," &c. 3 26 EARLY HISTORY OF SOUTH CAROLINA. which circumstance Ribault named it Shallow River, and sailed on. The coast continued to vary from six to three fathoms at six leagues from land, and the weather began to be threatening. Ribault therefore called a council of his men ; and in consideration of their immediate dangers and the condition of their provisions, (much of which had become spoiled,) and especially on account of what they had already suc cessfully performed, they determined to sail directly for France; and there they arrived on 20th Jul}', after an absence of five months. The natives on the sea-coast and in the neighbor hood of Port Royal had shown so amicable a disposi tion, that Ribault entertained no fear of danger to the small garrison left at Charles Fort. They had the means of maintaining the friendship of the sur rounding tribes, by presents of knives, hatchets, clothing, toys, trinkets, and iron utensils, and the still more efficacious means of fire-arms and superior deadly weapons. But the time of Ribault's return from France was indefinite; while, on the other hand, it was certain that they would soon consume the provisions in the fort, and perhaps exhaust their means of purchase. The Indians were very impro vident, not planting more corn than would serve for one season, being accustomed to Spend the winter months in the forest where they lived on bread made of acorns, and on turkeys, venison, and other pro duce of the chase. The safety of the garrison, there fore, depended on their tilling the fertile lands adjacent to the fort, and raising a supply of food which they had ample time to do; but which, bein°- EARLY HISTORY OF SOUTH CAROLINA. 27 used to the unthrifty habits of soldiers, they entirely neglected, and brought, in the end, many miseries upon themselves. Their attention was first devoted to the completion of the fort. Its dimensions had been marked out by Laudonniere and Capt. Salles, and were ninety- six feet in length, and seventy-eight feet in width, with flanks in proportion. Their next object was to explore the interior of the country, and secure the friendship of the inhabitants, A party sailed up Port Royal River and were entertained by Audusta, who told them of other chiefs in the neighborhood named Mayou, Touppa, and Stalame ; the last living a day's journey north of Charles Fort. Their friend, Audusta, invited them at this time to a peculiar re ligious festival, in which the priests and principal Indians performed many strange ceremonies, singing their mysterious name, He-To-Ya. The celebration concluded on the third day; and as they had fasted during the interval, they came to the feast which was then prepared with ravenous appetites. The. French on their return to the fort were com pelled to devise means for procuring provisions, as they had nearly consumed all that Ribault had fur nished them with. Unfortunately at this period the Indians had sown the surplus corn which they had kept, and the crops were not yet ripe. The tribe of Audusta, however, supplied them to their own incon venience, and sought for themselves such food as the streams and forests afforded. The French were ad vised to apply for succor to Ovade and his brother, Conexis, a powerful chief who lived in the direction 28 EARLY HISTORY OF SOUTn CAROLINA. of the Savannah River. With an Indian guide they put to sea in their pinnace, and found Ovade on the river they had named the Belle, about twenty-five leagues from Charles Fort. They returned with their boat laden with millet and beans. The garri son being in the midst of plenty, were again careless and at their ease. But while they slept, the house* within the fort in which they had stored their sup plies was accidentally burned, and but little of the provisions was saved from the flames. With the friendly assistance of the Indians their house was soon rebuilt ; but they were again forced to seek for food from Ovade, who could only supply them by borrowing from his brother, Conexis. They were liberal in making presents in return, and Ovade showed them his fields of growing corn, and assured them that while he could aid them they should not Avant. But what delighted them most was the gift of some pearls and silver ore, and the news that silver could be found among the mountains toward the north, at a distance of ten days' travel. " Now," said they,t"we have come to the knowledge of what we most desire." But, indeed, their greatest troubles were at hand. Capt. Albert was a man of' imperious temper, and * " Mais peu apres, par la negligence de quelques-uns, la plus grande de leurs maisons fut brusl6e, sans qu'ils peussent sauver qu'un bien peu de leur provision, et encore ii grand peine." — De Laet, 1640. Laudon. says, the fire broke out " in their room that was built for them before their departure." Two of our recent writers strangely represent the fort as being consumed, and rebuilt by the aid of the Indians in twelve hours. Their mistake, perhaps, was derived from Charlevoix : " Le feu prit au fort qui fut consume en peu d'heures avec les magasins." EARLY HISTORY OF SOUTH CAROLINA. 29 rigid in enforcing discipline in the garrison ; while, at the same time, the privations of the soldiers dimin ished their alacrity and quiet subordination. Par tialities and dissensions arose on account of the exe cution of a drummer named Guernache, for a fault that was not thought by his fellow-soldiers to deserve so severe a punishment. But as their disaffection increased, Albert grew more stern and harsh. La- chere, another of the garrison, was banished to an island three leagues from the fort, where he was to be furnished with food every eight days ; but this, it is said, was cruelly withheld from him. The garri son now broke out into open mutiny, murdered Capt. Albert, and bestowed the command on Nicholas Barre. They had been expecting, day after day, the arri val of Ribault from France. With the continued disappointment of their hopes, they began to seek the means of returning by constructing a small vessel. They had carpenters among them ; and a forge and iron and tools had been prudently left in the fort by Ribault. What they needed most were|>sails and cordage. Resin they procured from the pine, and moss from the oak, with which they calked their vessel. Finally, they turned their sheets and shirts into sails; and Audusta and Maccou, promising to furnish them with ropes, retired to the wood with their subjects, and in the space of two days made cordage enough for the rigging ; no doubt, from the inner bark of the trees. In their gratitude, the French, at their departure, left to these chiefs all the merchandise that remained in the fort. But while 3* 30 EARLY HISTORY OF SOUTH CAROLINA. they embarked in their weak vessel the artillery, forge, and munitions of war, they took, with strange inconsideration, but a small supply of food, though they had then an unusual abundance at hand. The wind being favorable they set sail, and had gone only about one-third of the distance across the Atlantic when they were delayed by calms, and in three weeks advanced only twenty-five leagues. Their provisions were already so diminished that the daily allowance to each man was but twelve grains of millet. They were next compelled to eat their shoes and leathern jackets, and to drink the water of the sea. Some died of hunger. The boat leaked on all sides, and required constant bailing. To aug ment their misfortune, a storm arose and injured their frail vessel so much that in despair they ceased their exertions, and laid themselves down to die. One more courageous than the rest inspired them with hopes of safety if they could survive for three days longer. This time elapsed, and still nothing but the sea and sky surrounded them. Then lots were cast; for theyfcgree'd that one should die that the rest might live. It chanced that the lot fell to Lachere, whose life they had saved by rescuing him from the island, and he now willingly gave back the boon to his starving friends. Shortly after this they were met by an English" vessel and carried to England. Ribault had not been sent to succor them at Port Royal on account of the war which prevailed in France. As soon as peace was restored, Coligny revived his project of coloniza tion ; and Laudonniere was dispatched in command EARLY HISTORY OF SOUTH CAROLINA. 31 of these ships, and reached America in June, 1654, on the coast where he had first arrived in company with Ribault. He must have received information before he set sail of the abandonment of Charles Fort, for he did not visit it again. He says, in his narrative, that the haven and situation there were indeed most beautiful, yet more abundant supplies of food could be obtained at the river May; "besides, the gold and silver that was found there, a thing that put me in hope of some happy discovery in time to come." He therefore built on that river a fort of a triangular shape, which he named Fort Caroline, and lived there two summers and a winter. In February, 1565, he sent one of his ships, under Capt. Vasseur, to visit Port Royal, and to look for a soldier named Rouffi, who had been left there. It was found that he had been taken off by a Spanish vessel and carried to Havana. Capt. Vasseur was the bearer of presents from the French, such as knives, hatchets, and clothing, to their old friend Audusta, who offered them land if they would come and settle in his neighborhood. The fortunes and fate of the garrison at Fort Car oline are among the most romantic occurrences of that period. Laudonniere became the ally of the Indians in his neighborhood, who were at war with the tribes that lived higher up on the St. John's River, and were said to possess a country containing mines of gold and silver. Being unsuccessful in these maurauding expeditions, dissatisfaction and disaffec tion arose in his garrison, and finally some of his soldiers deserted with two of the ships, and sailed to 32 EARLY HISTORY OF SOUTH CAROLINA. the West Indies as pirates. Ribault was now sent from France to supercede Laudonniere, and arrived when the latter, surrounded with difficulties, was on the point of abandoning the settlement. But Ri- bault's fleet had been followed [1565] by another from Spain, under command of Melendez, whose object was to destroy the French Protestants, or drive them from the lands which the Spaniards claimed as their own. Both fleets suffered many disasters from storms and shipwrecks on the coast; but, in the end, Me lendez surprised the feeble garrison of Fort Caroline, and massacred, with revolting cruelty, all who fell into his hands. The King of France viewed with indifference the slaughter of the Protestant colonists. The barbarous act of Melendez, however, inspired their countrymen with such horror, that the Chevalier de Gourges ex pended his private fortune, and secretly collected a company, with whom he sailed for America. Having united to his forces many of the Indians, he, in turn, surprised the Spaniards and recaptured Fort Caro line. After inflicting on the garrison the retaliation they fully deserved, he demolished the fort and returned to France. It is said that beneath the trees, on whose branches Melendez hung his French prisoners, was placed an inscription — "I do not this as to Frenchmen, but as to heretics." De Gourges hung the Spaniards to the same branches and altered the inscription — " I did not do this as to Spaniards nor as to infidels, but as to traitors, thieves, and murderers." [May, 1568.] EARLY HISTORY OF SOUTH CAROLINA. 33 CHAPTER II. The Indians who inhabited South Carolina — Their Numbers and Situa tion — Remnants of Tribes — Migrations — Towns^Government — Re ligion- — Domestic condition — Intercourse and Alliances — Trade with the Whites — Traders — Indian Warfare. WITH the exception of the Esquimaux, the In dians in America, whatever may have been their origin, appear to have belonged to the same race.* In the course of thousands of years they were separ ated into distinct nations and tribes, that differed from each other more in language than in habits or physical characteristics. In Europe we still find remnants of ancient Cau casian nations on the extreme shores of Spain and France, and in Wales, Scotland, Ireland, and the ad jacent islands. In North America the course of migration, on the contrary, was from west to east. Tribes of Indians who had battled in vain against advancing tribes were dispersed, according to their traditions, "to the salt water" — to the promontories and isles of refuge along the Atlantic coast. The ancient Indians, who constructed the enclo sures and mounds existing in the Mississippi valley, had extended their habitations within the borders of our State to the eastward of the Waterree River.f But all knowledge, of those more improved people had been lost long before the discovery of America. * See Trans, of Amer. Ethnol. Soe, vol. ii. t See first vol. published by Smithsonian Institute. C 34 EARLY HISTORY OF SOUTH CAROLINA. The Indians who lived here when the Europeans first came, could not tell at what period, or for what purpose, these large mounds had been constructed. The French and Spanish expeditions, noticed in the preceding chapter, afford only an unsatisfactory knowledge of some of the small tribes on the coast. We must, therefore, turn to a later period to find a less deficient account of the barbarous multitudes who filled our land from the seaboard to the mountains. The Cherokees extended' through Georgia and the north-western part of South Carolina. Their hunt ing grounds stretched onward between the Saluda and Broad Rivers. About 1735 they mustered six thousand warriors, who were reduced to twenty-three hundred in 1775.* The Catawbas dwelt on both sides of the Wateree. In 1700, they had fifteen hundred warriors. In 1743 these were reduced to four hundred, including por tions of broken tribes who had lived in their neigh borhood. The Muscogee, or Creeks, possessed the country on the Savannah River, south of the Cherokees. In 1775, their warriors were computed to be thirty-five hundred.-)- The total of men, women, and children in each nation may be estimated at about six times the number of warriors. The Choctaws and Chickesaws lived further toward the Mississippi River, at a distance of eight hundred miles from the English settlement in South Carolina.J The degree of intercourse between these * Adair, p. 226. t Ibid, p. 257. J Gov. Glen. EARLY HISTORY OF SOUTH CAROLINA. 35 Indians and the whites may be shown by the state ment, that in 1751 there were twenty-eight English traders among the Creeks, seventeen among the Cherokees, two among the Catawbas, and but one for both the Choctaws and Chickesaws.* The precise limits of the various tribes and nations were never ascertained by government,-}- though there were undoubtedly such limits in every nation that had strength enough to maintain its independence and permanence. J Some of the small tribes north of the Santee and east of the Wateree, were the Santee or Seratee, Hooks and Back Hooks, Winyaws, Peedees, Wacca- * MSS. in Sec of State's Off. f Adair, p. 223. J That the Cherokees had a permanent abode is evident from their holding the same lands at the period of our Eevolution which they held before 1693, at which time they sent a deputation to Charleston. The Catawba country is part of the same which their nation held, perhaps, for centuries before the arrival of the English, as they are reported to have been at war with the Five Nations time immemorial. In Ogle thorpe's Treaty of 1739, it is said that from the seaboard in Georgia to the Mountains, was the ancient possession of the Creek Nation, main tained against all opponents, and that they could " show the heaps of bones of their enemies, slain by them in defence of said lands." At this period the Upper and Lower Creeks were computed at 25,000 men, wo men, and children. Previously, in a treaty with the Governor of South Carolina, they had claimed the lands south-west of Savannah River, beyond which the colonists, of South Carolina agreed not to settle. They do not appear, however, to have extended their towns to the coast, for Oglethorpe in his letter of 10th Fek, 1733, speaks of "a little In dian nation, the only one within fifty miles" of Savannah. This people, under Tomo-chi-chi, had been "banished" from the towns of the Lower Creeks. (Vide Conference with Oglethorpe, May- 18, 1732. Force's Hist. Tracts, vol. 1.) It must be remarked, too, that the lower towns were not peopled by the Muskoges proper, or Creeks, (so called from the numerous creeks in their territory) but by remnants of the Oosecha, Okone, and Sawakola nations, (Adair, p. 257.) 36 EARLY HISTORY OF SOUTn CAROLINA. maws, Kadapaws, Weenees, Wateree, Chichanee, Waxsaws, and Saraws ; and northward of these, the Enoes, Toteros, Saponas, and Keyauwees. These tribes were feeble in condition, and generally without combination. They often waged a petty, though destructive warfare against each other. Those that did not sink into complete decay on their own lands, migrated to other places, or embraced the protection of the Catawbas, whom so many remnants had joined, that in 1743 twenty dialects were spoken among their small band of warriors.* The Congarees, on the river which bears their name, were an idle and squalid people. They had been greatly reduced by intestine feuds and by the small-pox, which from their strange mode of treat ment was a fatal disease among all the Indians.-)" The few who remained found refuge with the Cataw bas. The latter had once the custom of flattening the heads of their infants to make them better hun- * Adair, p. 224. It is impossible to trace these remains of " broken tribes," after their union, or rather complete coalescation, with the larger tribes. Such union implied the abandonment of every thing that would distinguish them from the superior tribe. " I am informed," says Adair, p. 267, " by a gentleman of character, who traded a long time near the late Alabahma garrison, that within six miles of it live the re mains of seven Indian nations, who usually conversed with each other in their own different dialects, though they understood the Muskoge language ; but being naturalized, they were bound to observe the laws and customs of ihe main original body." See also Barton's New Views 1798, p. 45. t They generally heated themselves in a large oven, and immediately plunged into the river. (Lawson. See also Catlin's N. Am. Indians, where the same practice is mentioned.) The Cherokees reported that in one year they lost three thousand warriors by the small-pox and intemperance. (Force's Tracts, vol. 1.) EARLY HISTORY OF SOUTH CAROLINA. 37 ters, it was believed. The Waxsaws who lived near the Congarees were the only Indians in South Caro lina who retained this peculiar custom. But the diversity of these small tribes is more clearly shown by the fact, that though they lived only " ten or twenty miles in distance" from each other, their Ian- , guages were quite different.* Within a short time after the founding of Charles Town, the coast thence to the Santee was possessed by the English. The intervening islands were used for raising hogs and cattle. On Sewee Bay was " a deserted Indian residence," and doubtless many of them were in every direction. The Sewees, besides having been wasted by the small-pox and drunken ness, had lost, before they moved from the coast, the best portions of their tribe by sending, after solemn deliberation, a grand commercial expedition to Eng land in canoes. Their range of hunting ground was probably between the Santee and Monk's Corner, where it met the lands of the Etiwans or Ittawans on the south and those of the Santees and Congarees stretching down from the north and north-west.f Westward of Charles Town were also many rem nants of nations. The Kussoes lived north-east of Combahee River ; the land of the Cacique of Com bahee being bounded in this direction by the land of the Kussoes.J The Westoes lived in Beaufort dis trict. They were at an early period driven out by the Savannahs § or Yamassees, who belonged to the * Lawson. t Statutes at Large, years 1691 and '95. % Book of Grants, 1682, Seer. Off. I Gov. Archdale, p. 89. 33 EARLY HISTORY OF SOUTH CAROLINA. Lower Creek nation.* The tribes of St. Helena, Wimbee, Edisto, Coosaw, Stono, and Kiawaw, who with the Santees, Seewas, and Etiwans were com monly called Cusabees, lived between Charleston and Savannah. Some of these surrendered their lands to the Eng lish ; others migrated or dwindled into insignificance prior to 1707.f The Saludas deserted their towns, on the river of that name, and removed to Pennsylvania. J In their migrations, the weaker tribes sometimes removed their abode hundreds and even thousands of miles.§ In 1734, a delegation of twenty -six Natchee Indians applied to the governor of South Carolina for per mission to settle their nation on the Savannah. || In 1753, a party of the Shawnees, from the Ohio, were arrested on suspicion while on their way through the province to join the Creeks.^f The Yamassees and Tuskaroras were warlike and adventuresome tribes. Hence we find them in various places. The latter once dwelt between the Savannah and Altamaha.** After conflicts there they settled in North Carolina. Coming in conflict with the whites, and being greatly reduced, they united themselves with the confederate * Speech of the Cowecta chief in conference with Oglethorpe. Force's Tracts, vol. 1. t Statutes, 317 and 641. Bk. of Grants, MS. 1683. X See Monson's Map. $ Lawson, p. 170. Barton, p. 32, and Appendix. || Carolina Gazette. «f Ind. Bk. Seer, of State's Off. See also MS. Council Journal, p. 24, 1753. ** Stephens' Georgia. EARLY HISTORY OF SOOTH CAROLINA. 39 nations on the frontiers of New York.* Some of them were also living at Port Royal in 1721. In like manner the Yamassees, having renounced their alliance with the Spaniards, who had executed sev eral of their chiefs, removed to Beaufort district •between 1680-90, and were conspicuous there until their defeat and expulsion in 1715. A remnant of them lived with the Catawbas in 1743 ; but the main portion retreated to Florida, from whom the Seminoles are said to be descended. ^ We will here present some general remarks on the Indian towns, government, religion, domestic condi tion, intercourse and alliances, trade with the whites, and mode of warfare ; leaving other subjects to be elucidated as they shall appropriately, attract our attention in the course of this history. The Indian towns were more or less adjacent, in accordance with the extent of territory free from incursion, and the scarcity or abundance of game. It was remarked of the Creeks that their warlike habits were strengthened by living closely together for the sake of mustering on a sudden against attacks of the neighboring Choctaws, and from the necessity of hunting at a great distance from home. The towns were invariably situated on a river or stream,f and contained each about fifty or sixty warriors. J Polyg- * Williamson — Humphrey's Prop. Gos. p. 305. 3 Statutes, p. 141. t For ablution and fishing. The young Indians were very expert in taking fish with reed harpoons, searching their accustomed retreats among rocks and beneath the steep river banks. X In 1740, the lands along the Savannah, from Ebenezer to Briar Creek, were in possession of the Euchees. Their town contained but one hundred inhabitants: "Few of them stay now in the town, choosing 40 EARLY HISTORY OF SOUTH CAROLINA. amy was allowed in most tribes, and the women led a very dissolute life from early age till marriage. In a prosperous nation the towns averaged three hun dred men, women and children. Among broken and dispersed nations the towns were reduced to an insig nificant number of inhabitants. There were neither numerous tribes nor large towns between Charleston and the Catawbas, nor westward, except the Cherokee townsj which in 1750 did not average more than fifty warriors. These towns were independent of each other in government,* if we can so call what was " simply natural, as little complicated as that which is sup posed to direct or rule the approved economy of the § rather to live dispersed." There was another settlement of Euchees at Silver Bluff, (Force's Tracts.) In 1757, thirty-two towns of the Cherokees contained but 1990 warriors. (Ind. Bk. Seer. Office.) Thirty-one towns in North Carolina, in 1708, numbered but 1608 fen- cible men. (Williamson, p. 282.) The Sewee, Santee, Wateree, Wax- saw, Winyah, and other remnants of tribes were feeble and scattered, and where they dwelt together their huts could not properly be termed towns. The towns enumerated by Lawson, (p. 234,) contained from eighty to only six or ten fighting men. * The towns of the Lower Creeks " have each their different govern ment, but are allied together, and speak the same language." (Force's Tracts, vol. 1, No. 2.) " Every town is independent of another — then- own friendly compact continues the union," (Adair ;) and such were the tribes found by Vasquez and Laudonniere, in the sixteenth century, and also in our own day in the West. " With respect to government, during all the time we have had them for neighbors, they may be said to have had no government at all. Personal independence has kept the petty chiefs from forming confederacies for the common good. Individuals have surrendered no part of their original private rights, to secure the observance of the rest. There has been no public organization expressed or implied. The consequence has been that the law of pri vate redress and revenge prevailed." (Schoolcraft, 1851.) The docu ments which are sometimes found in the official MSS. representing EARLY HISTORY OF SOUTH CAROLINA. 41 ant and the bee."* There was no exclusive execu tive authority. The greatest man insensibly became king, and was only regarded as bravest or wisest, not as lord and dictator. On important occasions he called together a Council f of distinguished elders, who after solemn ' deliberation made known their decision to the young men of the town, exhorting them to put it in execution under the guidance of such war-captains and head-men as had won their leader ship by exhibitions of superior bodily and mental endowments. Certain conjurors and quacks, some times called priests, also held a high position among them, being believed to commune with spirits and to possess powers of cure, enchantment, and divination. The greatest personal influence, howsoever gained, ruled them in all undertakings and emergencies. monarchies among the Indians, and the surrender of the rights and domain of the nation to individuals, are to be considered as written by Europeans as title deeds. (Vide copies in Appendix to Mills' Statistics and McCall's Georgia.) The power of their chiefs is correctly shown in Oglethorpe's Letter, Gent. Mag., 1733. * Barton, p. 500. t Detailed accounts of the proceedings of these assemblages are in the records of the Secretary of State's Office. See also Adair, Bar- tram, Lawson, Oglethorpe's Letters, &c. It may not be uninteresting to give here a specimen of the passes furnished by the traders to friendly Indians, (MSS., 1750.) " To all people whom it may concern : Whereas, the bearers of this being our brotherly Indians, desire the favor of you to let them pass and repass, they being going to war against their enemy Indians, and desire the favor of us to acquaint you of the same, in the hopes that you'll supply them in a little victuals, if they stand in need of it, without killing any of your creatures, to prevent their doing any damage ; whereas, many damages has been done by these Northward Indians, in hopes you'll think nothing of their passing and repassing, they being not the same, but our friendly Indians that lives in our lands." Signed by four traders. 4* 42 EARLY HISTORY OF SOUTH CAROLINA. This influence might extend from town to town ; one extraordinary man might become a kind of emperor of the whole nation, and one town a kind of capital of the whole confederacy. The alliance ofthe towns looked not to peace, but to war. Tribes whose lan guages were radically different, 'and who were at variance with each other, were occasionally leagued against mutual enemies. When not engaged in war, the men were absent from home three or four months of every year on hunting expeditions. Being of a roving nature, no strong attachment confined them permanently to one spot. The towns, at best a col location of huts, were often abandoned, as necessity or interest prompted a removal. Their true home was wherever the forest oak spread its grateful shade, and the green pines rustled on high their innumera ble tops ; wherever the stream burst from the mountain side, or winding smoothly through the vale, reflected from its quiet surface the antlered flocks that stooped to quench their thirst. Their variety of languages, hostilities, and estrange ments prevented any effectual combination against the English colonists at first when they might have overwhelmed them. Afterward their respect for the whites was nothing more than a dread of their power ; for they despised their pale hue, ridiculed the wearing of breech«s, laughed at their military parades, and felt no deference for a civilization effac ing the savage endurance and ferocity that consti tuted their principal virtues, nor any relish for a religion enjoining upon them humility, love and the return of good for evil. Little reliance could be EARLY HISTORY OF SOUTH CAROLINA. 43 placed iu the faith of treaties, and their rhetorical speeches of brotherly affection, and assurances of burying the tomahawk, wiping away the blood on the war path, and keeping forever bright the chain of friendship. Arthur Middleton, in his address to the Commons in 1725, advising the erection of forts along the Indian frontier, says truly, "it is well known, by lor% experience, that force is of more prevalency than argument with these people." In agriculture, the richness of the soil and the fer tilizing beams of a southern sky, supplied the place of skillful management in the raising of their maize and beans. Towns and villages had each a common farm, a particular portion of which was allotted to families and individuals ; not so much from principles of private property, as for public convenience in the distribution of the produce. In times of scarcity, they received support from the store-house of the town ; and hence the buying and selling of provi sions did not, as with other people, give origin to wealth and merchandise. In mechanics, flint stone furnished the best tools they had, and they advanced not beyond the manufacture of some rude utensils, and the construction of cabins of the simplest form. The women made pottery, moccasins, belts, fringe, and fantastic ornaments of dress; but the majority of the poorer tribes wore only a scanty covering, the body being protected against the weather and insects by a constant use of bear's oil. " The men perform nothing except erecting their mean habitations, form ing their canoes, stone pipes, tambours, eagle's tail or 44 EARLY HISTORY OF SOUTH CAROLINA. standard, and some other trifling matters ; for war and hunting are their principal employments."* They had, as have all savages, feasts, dances, and barbaric games. But in the serious business of life, there were at home no employments, intellectual or manual, of sufficient dignity, in their estimation, to engage their restless energies. With an invincible' propensity to cling to their savage stSte, they passed through century after century without progressive improvement. When the chase in the wild woods was over, and the wigwam was supplied with food, the warrior gazed upon the trophies of his former bravery, and chanted the praises of the departed heroes of his race. He made for himself a new bow; he replenished his quiver; whetted his scalping knife and prepared his war paint; he started from his slumber at midnight, and his children awoke in terror at his half-uttered battle cry. The Indians were unhabituated to accumulation, and had no medium of exchange.-]- The tribes were * Bartram's Travels, p. 513. So also with those on our northern boundary — "They have no manner of musical instruments, such as pipe* fiddle, or any other arts, sciences, or trades worth mentioning, which may be owing to their careless way of living, taking little or no pains to provide for the necessaries of life as the Europeans do." — Dr. Brick- ell's Nat. Hist. N. Car., 1737, p. 279. See Lawson (1701) for those north of Santee River. " They had musicians, who were two old men, one of whom beat a drum, while the other rattled a gourd that had corn in it, to make a noise withal. To these instruments, they both sung a mournful ditty; the burden of their song was in remembrance of their former greatness and numbers of their nation," &c. " They thus give a relation of what hath passed among them to the younger fry." (p. 39.) t In some tribes there was a near approach to the use of a kind of money, viz. : shells for ornament, and "wampum." They did not re spect the possession of riches, which they compared to the fading paint on a warrior's face. EARLY HISTORY OF SOUTH CAROLINA. 45 entirely independent of each other for food, clothing, and utensils; so that before their traffic with the whites began,* there existed between them no inter course or advantages of a commercial nature to check forays, stifle feuds, and render a cessation from war a blessed season for domestic prosperity. By the policy that prevailed in some nations, of incorporating the conquered* tribes, the conquerors appear only to have entered upon a more extended field of warfare. Peace was often maintained between nations by the offering of satisfaction for injuries before retalia tion had destroyed their amity. But, upon the whole, friendship with all their neighbors was the exception in the condition of their relations. And we must conclude, that apart from the influence of * The following passages relate to Indians about the head waters of the Pedee, &c. " It is very surprising to find so many different lan guages amongst them as there are, there being few nations that under stand each other. But I believe the pi-incipal reason of this great difference and confusion of language, is owing to these people seldom or never conversing with any nation but their own." " These differences in their languages cause jealousies and fears amongst them, which often occasion wars, wherein they destroy each other ; otherwise the Christians had not, in all probability, settled themselves so easily as they have done, had these tribes of savages united themselves into one people, or general interest, or were they so but every hundred miles together." They are entirely free from any love of riches or grandeur. (Brickell, p. 346.) The traffic with the whites effected but a slight change in the relation of tribe with tribe. Instances however occurred in which the Indians, in imitation of the white traders, carried small casks of rum, the com modity most valued by them, for exchange among the mountain tribes. In most cases, ere half the journey was performed, these merchants were found in jolly mood around the open cask, or raging like frantic bacchanals in the forest. If any rum were left, which seldom was the case, they filled the cask with water, and on arriving at their journey's end, retailed the mixture by the mouthful. 46 EARLY HISTORY OF SOUTH CAROLINA. the trade, intervention, and protection of the whites, the most efficient preservatives of peace were the in capacity of the tribes for sustaining conflicts, and the being so far removed from each other as to preclude all occasion of contact and collision. The men of every tribe may be divided into two classes ; those who were too old to engage in offen sive warfare, and the warriors. The former were counselors, and their importance and influence were proportionate to their previous valor and services; the latter, early in life, prepared themselves for hard ships, and suffering, and deeds of blood. In hunting, they carried their weapons of war, the bow and knife. To circumvent and secure the wild deer, buffalo, and bear, required all the devices and cunning strategy which they would need in taking or destroying their human prey. When the condition of a nation or tribe demanded extreme wisdom to preserve it from ruin, the exertions of the aged counselors were often inefficient to counteract the devilish thirst for blood that urged the young and impetuous warriors. " The young men did it, and we are sorry for it," was the perpetual excuse for injuries to the whites ; and fre quently, to save themselves from war, the perpetra tors were apprehended after great difficulty, and delivered up to the injured party for punishment, Atta-kulla-kulla, when he suspected that the scalps brought in by a party of his warriors, had not been taken from their enemies, said, "They are youn"- fellows, and would not come back without something to show their barbarity." Sometimes a single reso lute warrior went forth in quest of adventure and EARLY HISTORY OF SOUTH CAROLINA. 47 distinction, many hundreds of miles from his forest home ; and creeping, and crouching, and watching about the wigwams of his foes, sprang upon some defenseless woman or child ; and while the blood of his victim was still warm upon the hand that clutched the reeking scalp, he hurried back like a triumphant demon ; yet durst for a moment stop to shriek forth a yell of defiance to the maddened mul titude that rushed upon his track in wild pursuit. Retaliation and a relentless spirit of revenge were fostered by the various tribes as a means of preserv ing the public honor. Murder for murder, scalp for scalp, was the principle sustained and enforced by the nnarn'r1 ~^memf, of entire nations. In their rude system of ethics, to kill one that had injured them was not murder ; to revenge — and to do so with every possible aggravation — was superior to all obligations and passions which could restrain or impel their savage nature. In the redress of private wrongs, the legislative and judicial power was but the imperative force of custom ; the executive was the strength of each man's own right arm. " In cases of murder, the next in blood is obliged to kill the murderer, or else 7ie is looked upon as infamous in the nation where he lives ; and the weakness of the executive power is such that there is no other way of punishment but by the Revenger of Blood, as the Scripture calls it. For there is no coercive power in any of their nations."* In the royal grant of the immense tract of Indian * Oglethorpe's letter, in Gentl. Mag. 1733, p. 413. 43 EARLY HISTORY OF SOUTH CAROLINA. territory embracing our State, the motive of con verting the heathen to Christianity was prominently fet forth. If indeed a serious signification were attached to this project, no period or method for its accomplishment seems at any time to have been con templated. The first effort toward such conversion was made in 1702, when a missionary to the Yamas- sees was sent from England by the Society for the Propagation of the Gospel in Foreign Parts. The governor of the province, however, on account of the relations then existing between the colonists and Indians, considered the mission impolitic ; and the labors of the missionary were directed to the settle ment near Goose Creek.* The hostile occupation of their country, the spirit of encroachment and aggrandizement displayed from the begirming, and the warlike attitude necessary for the temporal prosperity of the settlement, were obviously at variance with the teachings of the Bible ; whilst the conflicting efforts of the Spanish missionaries, and the disreputable lives of many white men in their towns, produced in their minds a * Besides the English residents, the slaves particularly were within the field of his labors. Importations from Africa often introduced greater savages and a worse heathenism, and, if possible, stranger dia lects than those which were found existing in our forests. We may here mention that a natural antipathy was felt by the Indians against the negroes, and that to their unconquerable aversion the colonists for a long period owed much of their security. The sagacity and dislike of the Indian, when put in requisition, reclaimed the runaway in a wonderfully short time from the densest swamps and thickets. We have read nowhere of any alliance, intercourse, or sympathy between the two races. For the dangerous position of the settlers, vide Hewitt, p. 508 ; Statutes at Large, vol. 2, p. 648-; MSS. Gov. Glen in 1754. EARLY HISTORY OF SOUTH CAROLINA. 49 complete indifference to our religion.* To become . Christians, moreover, was to cease to be. Indians ; to cease from retaliation and revenge, from battle and the gory scalp, and from ancient customs and rites which distinguished them as a separate people. It was a mistake to represent the Indians as willing to embrace Christianity. It was also erroneously said by many writers that they had no religion. What their hereditary belief really was, we cannot well understand ; but that they had a religion, and pertinaciously strove to conceal it from strangers, will be shown in a brief notice of one of their cere- monies.f * Some things tbe Indians willingly learned from the whites : — " A French dancing master settling in Craven county, taught the Indians country dances, to play on the flute and hautboit, and got a good estate ; for it seems the barbarians encouraged him with the same extrava gance," &c. (Oldmixon, 1708.) "They never argue against our religion, but with all imaginable indifference own that it. is most proper for us that have been brought up in it." (Law, p. 238.) This author thought that amalgamation with the settlers was the surest means of their conversion. In 1707, the pream ble to a law states, " the greater number of those persons that trade among the Indians in amiiy with this government, do generally lead loose, vicious lives to the scandal of the Christian religion, and do like wise oppress the people among whom they live by their unjust and illegal actions." By subsequent notices in the Carolina Gazette, this conduct appears never to have been remedied. Two traders once pur chased Bibles in Charleston, which was thought sufficiently remarkable to be mentioned in the newspaper. t Adair, who had the best opportunities for comprehending their belief from his friendship with them and long residence in their midst, found them offended and distrustful when he wrote letters or took notes; and he confesses that one of his difficulties was " the secresy and close ness of the Indians as to their own affairs, and their prying disposition into those of others." The tribes of North Carolina had many customs " for which they will render no reason or account, and to pretend to 5 D 50 EARLY HISTORY OF SOUTH CAROLINA. The French garrison at Fort Charles, in 1562, were on most friendly terms with an Indian king, who invited them to certain religious " ceremonies most strange to recite." The chief, however, kept his foreign friends closely in his wigwam during the cele bration, and was greatly offended when he noticed some of them laughing. " This he did," says Lau donniere, " because the Indians are very angry when they are seen in their ceremonies." Notwithstanding the subtlety of one of the Frenchmen, who hid him self in the woods to watch their proceedings, and afterward the bribing of an Indian boy to disclose the meaning of its worship, the strangers remained in ignorance of its nature. Two centuries later, Adair endeavored to solve the secret. His account of the celebration differs in several respects, but it evidently relates to the same divinity; and the changes may be ascribed to the lapse of time, or the varying customs of nations who held but little intercourse ' with each other. The holy drink of the cusseena plant was prepared for this religious solemnity ; and, during the ceremonies they sang in monosyllables " their sacred mysterious name."* give a true description of their religion is impossible, let writers pre tend what they will." " I could never get admittance to see what they were doing, though I was at great friendship with the king and great men, but all my persuasions availed me nothing" From the mysteries spoken of, the majority of the Indians were also excluded. (Lawson, p. 211.) Adair tells us that those who ventured improperly upon the religious ceremonies " were dry-scratched with snakes' teeth, fixed in the middle of a split reed, or piece of wood, without the privi lege of warm water to supple the stiffened skin." (p. 47.) *See also Bartram, p. 458. Law, pp. 24, 90 ; Adair, p. 97. But to conclude with the last author, that Jehovah was the mysterious name EARLY HISTORY OF SOUTH CAROLINA. 51 The more simple and common belief recognized two spirits ; the one good, the other evil. The one they regarded as the maker of every thing, the giver of the fruits of the earth and of all blessings ; the other was the author of all the ills and calamities of life. They believed in the immortality of the soul, and in future rewards for good and wicked deeds, of which they could give " a pithy account." But their opinion of the benevolence of the Great Spirit induced them, generally, to believe that the life beyond the grave would be one of felicity only, the joys of which would resemble those of earth. The effect of this belief was a stoical indifference under most dreadful affliction, and calmness and bravery in perils and in death. Absurd legends and supersti tions of imaginary agents were also found among them ; but the priesthood enjoyed no distinction as an organized class, and owed their prominence in the community in a great measure to the trickery of the fortune-teller, and to their pretensions in the medical art. There were among the Indians some more dis tinguished than the rest for an observance of moral rules and the laws of nature. Their shrewdness and reflection, and the mental and bodily activity exercised in the hunter-life, produced in many instances a development of the moral and rational of the God whom the Indians worshiped, would require us to be first convinced that they were descendants of the ancient Jews. Schoolcraft remarks of the Indians of the present day, that though they believe in many gods (or spirits,) they worship only one ; and they look forward to a future life of sensual enjoyment. See also Bradford's Amer. Antiq. 52 EARLY HISTORY OF SOUTH CAROLINA. being that must be esteemed remarkable in compari son with their rude mode of living, and their delight in barbarous customs. But the restraints of recti tude and clemency could not encompass or withhold the wild passions of the multitude, and particularly of the unbridled young men. Theft and robbery, adultery and murder, were not unknown among them, and frequently entailed an obligation to further depredation and crime, from their custom of private retaliation. Sometimes a vicious malefactor, being an outcast from his own people, roamed the forests alone, or sought refuge and sympathy in an ignoble tribe. Sometimes the guilty were condemned to death in a summary manner, or delivered up for punishment to the party whom they had injured. In war they were all alike. In peace they were as different as are the estimates of the different travel ers who have described their character. On the Wateree, the Indians, we are told, were thieves, stealing with their feet if you watched their hands ; lazy and poor, living in dark, smoky, cabins ; or shockingly licentious and despicable. On the other hand, the Creeks are extravagantly described as honest, hospitable, affectionate, industrious, temper ate, forbearing, and needing no European civilization. A century ago the annual export from Charleston of deer skins alone was seventy thousand. With the exception of rice, the furs and skins, of various kinds, obtained from the Indians, were then by far the most valuable commodity in the colonial trade.* * Gov. Glen's " Description of South Carolina." EARLY HISTORY OF SOUTH CAROLINA. 53 But the exportation of rice had been rapidly increas ing in proportion to its more improved and extensive culture;* whilst the skins had been an article of export for seventy or eighty years, and the hunters and the beasts which they pursued had equally decreased in the forests around us. Turni% our attention back to earlier times, we find that in 1731 the quantity of rice exported was much less, while the deer skins were about 255,000, and the annual rate " above 200,000." Moreover, there was a vast difference in the labor and expense of procuring these commodities. " They carry On," says a writer of that time, " a great trade with the Indians, from whom they get these great quantities of deer skins, and those of other wild beasts; in exchange for which they give them only lead, powder, coarse cloth, ver milion, ironware, and some other goods, by which they have a very considerable profit.-}- And earlier still, in 1700, the Indian trade was so lucrative, as to cause the remark that those who engaged in it * The value of the swamp and river lands was long unknown. They were regarded as pestilential. When found to be best adapted to the cultivation of rice, and this had become a staple commodity, the impor tations of slaves increased as follows : in 1715, forty-five years after the settlement, there were in the colony 10,000 blacks ; in 1724, 32,000 ; in 1731, 40,000 ; in 1763, about 70,000. t "A description of the Province of South Carolina, drawn up at Charlestowne, in Sept., 1731." From the MSS., 1716, I take the following prices : Pistol, 20 skins ; axe, 5 skins ; sword, 10 skins ; 12 flints, 1 skin ; knife, 1 skin ; 30 bul lets, 1 skin. All skins considered alike, including beaver. But the prices are very variable, as are seen in the records. The Indians often came to Charleston to obtain a regulation of rates. In Gov. Glen's time the skins sold — Deer skins, dE50 sterling a hun dred ; Beaver, 4s. 3£d. a pound. 5* 54 EARLY HISTORY OF SOUTH CAROLINA. became rich sooner than any other people in the province.* Before the removal from old Charles Town, on the western bank of the Ashley, the proprietors forbade all trade with the Indians for seven years, that the settle* might become " more numerous and better able to defend themselves." At the close of the Westoe war in 1681, many individuals had added to their traffic the purchase of eaptives, and the pro prietors endeavored to check abuses of this kind in the trade and intercourse with the natives, by taking under their protection (nominally) all the Indians within four hundred miles of Charleston.-)- In 1691, it became expedient to limit, by a heavy penalty, the extent of trade and traveling to the vicinity of the settlement ;| but private enterprise soon rendered the enactment nugatory, for Archdale relates, not many years after, that the colonists had extended their inland trade to the distance of one thousand miles. It was however of much greater importance to regulate the trade than to prescribe its limits; to secure, if possible, justice to the Indians, and to pro tect and promote the interests of the settlers. In the constant struggle of the legislature against the cupidity and oppression of their countrymen, no efficient plan for the regulation of the trade appears to have been adopted until 1707; when Commission ers, amenable to the Assembly, were appointed as * Lawson, p. 87. t Chalmers and Oldmixon, Carr. Coll., pp. 313, 409. See also Appendix. X Statutes, 2, p. 64. EARLY HISTORY OF SOUTH CAROLINA. 55 superintendents and directors ; an agent, with a stated salary, was chosen, who could only be removed by the Assembly; a pecuniary equivalent was granted to the governor in lieu of the presents it had been customary for him to receive from Indian deputations,* and stringent measures were enacted in regard to the subordinates engaged in the trade, and the manner in which it should be conducted. After 1716 the trade required garrisons and fac tories,-)* and had become so important a source of wealth as to be jealously guarded as a means of public revenue. But the policy of bringing the whole system within the cognizance of the Assembly^ excluded the executive from an exercise of power in the most active field of his government, whilst he owed his position at the head of affairs to an authority often at variance with the Assembly and the people. Hence numerous laws were passed and repealed, yet the Indian trade never became free from abuses, nor established and governed with that energy and concentration of purpose which its impor- * £200 were offered to Sir Nath. Johnson as an equivalent for his Indian perquisites, and refused. He was granted £400. In 1716, the annual compensation was £200. t " It being the resolution and sense of the whole country not to have any more a settled store among the Indians, but by degrees cause the Indians to come to our forts and purchase what they want." — MSS. " The Charikees utterly dislike coming down to the garrisons to deal, and will not agree to that proposal on any account, (except for rum)." — MS. Journal Comsr. of Trade, 1710-1718. Many abuses and much bloodshed would have been prevented had this wise course been adopted at the beginning of the settlement ; but the enterprise of the traders continued to resist the most salutary laws, as is exhibited through the pages of numerous volumes in Secretary of State's Office; 56 EARLY HISTORY OF SOUTH CAROLINA. tance and complicated interests demanded ; notwith standing the subsequent modifications of the system by which, (on the transfer of the colony from the proprietors to the king,) the royal governors obtained a more immediate control of the officers employed in the management of its affairs. The leading men of the colony were from the beginning more or less engaged in the Indian trade. Agents of the merchants in Charles Town traversed the forests hundreds of miles from the settlement, in the midst of distrustful and sanguinary multitudes, among whom to be timid was hazardous, and to be audacious was almost certain death. Many traders lost their lives by their imprudence. Many were dissolute and worthless, and were despised even by the savages. Many conciliated favor and ensured their own safety by adopting the Indians' habits and marrying among them. But, on the other hand, some were gentlemen, who doubtless would have achieved renown in the most arduous and impor tant duties of a public career. Let us follow a trader who is going to the Chick- esaws. The governor of South Carolina has told him to keep a journal of all that occurs, that he might be informed of the condition, resources, and policy of the tribes. We will follow him from the enlivening activity of a thriving commercial town ; from the teeming farms and plantations of the col onists ; from the huts by the wayside and from the drunken gaze of lounging Indians who have learned only the vices of the white men ; from some old homestead of departed warriors, over the ruins of EARLY HISTORY OF SOUTH CAROLINA. 57 which bounds the affrighted stag ; beneath the moss- covered oaks ; then far off amid the dull uniformity of interminable pines ; over theAmooth river in the swift canoe ; across the slippery ford of the boister ous stream ; and far again into the solemn stillness of the forest ; challenged now by a group of mocca- sined hunters; now suddenly avoided by the scam pering of nude and black-haired urchins to some vil lage near, where old squaws anxiously inquire the price of rum, and the girls offer their choicest smiles for beads or yellow tape. But what does he record in his journal?* May 28. " A gang of Choctaws set a house on fire in the night, but did no other mischief. June 12. A gang of Quapaws killed and scalped six Chickesaws in the night, at a hunting camp. July 20. Eleven Chickesaws who went to the river Mississippi in order to meet with the French, accordingly discovered several boats on the north side of said river ; they attacked them and caught several, but were at length forced to quit them by the fire made by the French ; and are returned with several of their party wounded. 24thv A small gang of Choctaws came into the nation in the night, killed a fellow and wounded a child as they were asleep on a corn-house scaffold. August 1. Five Chickesaws were killed by the Cherokees, being a hunting on the Cherokee river. 14th. The Choc taws kill a young fellow in the night. . . . Sept. 26. Three Chickesaws were killed at their hunting camp by a gang of Choctaws." A gang of Chicke saws arrive, who had . gone in a war party against * MS. Journal of Mr. Buckles, 1757 ; Bk. No. 4, Seer. Off. 58 EARLY HISTORY OF SOUTH CAROLINA. the French fort on the Wabash, bringing one French prisoner. " From Sept. 26 to Oct. 26. Five gangs of Chickesaws went^o war against the Choctaws and French, and one gang against the Cherokees ; the latter I did all in my power to hinder, to no purpose ; they having lost no less than ten of their warriors, who were killed by said Cherokees. Oct. 5. Five Chickesaws were killed by the Choctaws at a hunting camp. Dec. 15. The Choctaws killed a Chickesaw fellow as he was going out a hunting, and carried off a woman and two children prisoners. 16th. The Chickesaws pursued them; came up with them; killed five, and redeemed said woman and children. 18 th. A gang of Chickesaws went against the French on the 20th September ; returned, having killed one Frenchman and brought in his scalp. 19th. A gang of Chickesaws returned from war with one Choctaw scalp. Feb. 8. A Chickesaw woman was killed in sight of the houses by the Choctaws. 14 th. A Chickesaw was killed by the northward Indians. 16th. A woman was killed and scalped as she was cutting wood in sight of the houses, by the Choctaws." After so disastrous a system of warfare, howhum- ble and mournful in its tone was their language to the English governor : " It is true, some years ago, we did not mind how many our enemies were ; but that is not our case at present : our numbers being reduced to a handful of men, and thereby we are rendered incapable of keeping our ground without a continuance of your friendly assistance. We are not able to hunt, nor are we free from the hands of our EARLY HISTORY OF SOUTH CAROLINA. 59 enemies even in our own towns ; so that it is impossi ble for us to kill deer to buy clothing for ourselves, our wives, and children, or even to purchase ammuni tion. This the English traders who come among us are too sensible of, from the small quantity of skins they have carried out of this nation these two last years, to what they used to do formerly."* The same practices of mutual revenge and barba rity prevailed among all the Indjans. Before the dis covery of this continent, many great nations must thus have dwindled away, f till none of their lineage was left to rehearse the history of the mighty chief tains who once led their thousands of plumed and painted warriors to the ambuscade and battle field. Sometimes, as we have still on record, fatal diseases broke out, which neither the rattles, nor bags, nor charms, nor incantations of their medicine-men could check or alleviate ; and the sad survivors bade farewell to their homes, and departing far from the infected region, sought for some spot which they believed the Great Spirit had not cursed, and where their little ones might grow up like sturdy oaks, and the eagle and the buffalo become the emblems of their tribe.J * MS. Ind. Bk. Seer. Off. t In the " Altera Navigatio, Duce Laudonniero," of 1564, (De Bry,) we find the same system of warfare. "Reges bella inter se gerunt assidua fere, nullique viro hosti, quem capere possint, parcunt ; deinde caput adimunt, ut cutem cum capillis, habeant, qua domum reversi trophseum statuant." X This general sketch of the Indians who lived in and near South Carolina seemed necessary for appreciating the dangers and difficulties of the early English settlers. For minute descriptions of tribes and customs, see Adair and Lawson in particular, and the authors referred to in preceding notes. 60 EARLY HISTORY OF SOUTH CAROLINA. CHAPTER IIL English Settlements in North America — Charles II. grants the region south of Virginia to eight noblemen, in 1663 — Origin of the name of Carolina — The Proprietors and the Services they had rendered to the King — Opposition to their Claims set aside — Their first' Efforts to form a Colony — Settlements in Albemarle and Clarendon counties — Liberal Concessions to Settlers — Forms of Government permitted — Policy of the Proprietors — The second Charter, and ex tension of the Carolina grant — Synopsis of the Charter of 1665 — The Religious Intolerance at that time in England, and the Religious Freedom bestowed by the Charter — Differences of the Charters of Connecticut, Rhode Island, and Carolina. After the French abandoned the plan of settling at Port Royal, no other European settlement was attempted in South Carolina for more than a hundred years. But during this interval English colonies had been successfully established in several parts of New England, and in Maryland and Virginia. Charters and grants of land were liberally bestowed upon in dividuals and companies by the kings and queens of England. The commercial and political advantages of these colonies were not then apparent; and the British go vernment did not extend to them its powerful pro tection, nor maintain them by its ample resources. Yet it was evident that its dominion would be en larged and its claim to vast portions of America substantiated, by the settling there of all who were willing to leave the comforts of home or anxious to escape its ills. Strong, indeed, must have been the motives which led these adventurers to encounter the EARLY HISTORY OF SOUTH CAROLINA. 61 perils and hardships of a long voyage, and the still greater privations and dangers that awaited them in a wilderness and among hordes of savages. While the Spaniards, and in many cases the French, sought for gold or the glories of conquest, the Eng lish colonies were, in most instances, formed or aug mented by those who were unwilling to endure, in their own country, the religious intolerance of the successively dominant sects of Catholics, Puritansj and Churchmen. Religious freedom was therefore a prominent and peculiar feature in the grants of the English colonies. And as their settlement was left to private means and enterprise, those to whom the charters were granted generally secured to their colonists the additional inducements of gifts of land, and a larger share of political liberty than they en joyed at home. We shall observe, in the course of this history, that at a later period it became the policy of the government to revoke these charters, and to bring the colonies more immediately under the power and control of the king and his council. Notwithstanding the favorable description which Verrazzano had given of our climate and country, and Ribault's account of the beautiful and commo dious harbor of Port Royal, a prejudice had arisen against settling here and in favor of more northern situations, But the success and prosperity of the colonies already established, awakened great interest in the mother country; and in the second year after the restoration of Charles IL, some of his ad herents and courtiers, to whom he was indebted for distinguished services, easily obtained a charter with °6 62 EARLY HISTORY OF SOUTH CAROLINA. extensive powers, for all the region lying south of Virginia, extending from 31° to 36° of north latitude, and westward within these parallels across the conti nent ; and which was to be definitely called " Caro lina" in honor of the king.* This charter is dated March 24th, 1663. The noblemen upon whom it was conferred, and the mo tives which they assigned for requesting it, are men tioned in the beginning of the charter, as follows : " Whereas, our right trusty and right well-beloved cousins and counselors, Edward, Earl of Clarendon, our High Chancellor of England, and George, Duke of Albemarle, Master of our Horse and Captain- General of all our Forces, our right trusty and well- beloved William Lord Craven, John Lord Berkley, our right trusty and well-beloved counselor, Anthony Lord Ashley, Chancellor of our Exchequer, Sir George Carteret, Knight and Baronet, Vice-Chamberlain of our Household, and our trusty and well-beloved Sir Wil- * The part of North America embracing the present States of North and South Carolina, first received the name of Florida, which was given by the Spaniards. The French called it by the same name. The Eng lish, after the colonization of Virginia, called the same region Southern Virginia. Yet from the year 1628-9, in the reign of Charles I., the name of Carolina was indefinitely applied to the territory south of Virginia, as may be observed in the list of MSS. under this date in the Appendix. At length, in 1663, from a happy coincidence of the names of the kings, it was retained and definitely applied to the province granted to the proprietors by Charles IL, and in compliment to that monarch, as stated by authors of the time and indicated in the first charter. Our historians are not agreed whether the name was derived from Charles IX. of France or Charles II. of England. There would bo more reason in introducing the claims of Charles I. If the name originated from that of the fort " Arx Carolina," built by Laudonniere on the St. John's River, or Charles Fort at Port Royal, it was not ap plied to the territory by the French, who continued to call it Florida. EARLY HISTORY OF SOUTH CAROLINA. 63 Ham Berkley, Knight, and Sir John Colleton, Knight and Baronet, being excited with a laudable and pious zeal for the propagation of the Christian Faith, and the enlargement of our empire and dominions, have humbly besought leave of us, by their industry and charge, to transport and make an ample colony of our subjects, natives of our kingdom of England, and elsewhere within our dominions, unto a certain coun try hereafter described, in the parts of America not yet cultivated or planted, and only inhabited by some barbarous people who have no knowledge of Al mighty God," &c* * The Earl of Clarendon had been the companion and active assist ant of King' Charles in his exile, and after Cromwell's death had ma terially contributed to the re-establishment of the monarchy. His daughter was subsequently married to the Duke of York, who became James IL, and their children, Mary and Anne, were queens»of England. But no single person deserved more the title of Restorer of the King, than General George Monk, whose history is well known, and who, for his important services, was created Duke of Albemarle. Sir George Carteret was, for a time, governor of the Isle of Jersey, where he maintained the royal cause against Cromwell and the Parlia ment, and gave refuge to King Charles, the Duke of York, the Earl of Clarendon, and many of the nobility, during their flight from England. When the Duke of York received from the King, after his restoration, a large grant of land in North America, Lord Berkley and Sir George Carteret obtained a conveyance of a part of it; and in compliment to the latter, the present State of New Jersey derived its name. Sir Anthony Ashley Cooper (after whom the Cooper and Ashley Rivers have been named) had been particularly recommended to Charles II. by General Monk, as a person well fitted to be one of his council. Although he was regarded as a politician who had espoused the cause of monarchy, then of the. Parliament, and then again of monarchy as it suited his ambition, yet he long retained the favor and confidence of the king, and by his distinguished abilities became Chancellor of Eng land, and was made Earl of Shaftesbury. He was the constant friend and patron of the learned philosopher Locke, to whose wisdom was sub sequently committed the framing of the fundamental laws for the 64 EARLY HISTORY OF SOUTH CAROLINA. As soon as these noblemen received their charter, adverse claims were made to the same territory under a grant that had been given in 1630 to Sir Robert Heath, Attorney-general of Charles I. He had called the country " Carolana," and the Bahama and other islands, the " Carolana Islands ;" but having failed to form a colony, the claims of those to whom he had conveyed his rights were now set aside ;* and the proprietors under the new charter government of Carolina. To this nobleman also, who was the most in fluential in the early policy of Carolina, England is especially indebted for tho Habeas Corpus Act, and the equally important measure of ren dering the judges independent of the crown. Sir John Colleton had been an active partisan of royalty, and im poverished himself by his uncalculating zeal in its cause. After the success of the Parliamentary forces he retired to Barbadoes till the restoration of the king, when he returned to England and' received the dignity of baronet. Lord Berkley had been a faithful follower of Charles in his exile. The Earl of Craven was early distinguished for his foreign military services. He was one of CharleS' Privy Council, and held a military command about his person. Sir William Berkley, brother of Lord Berkley, was for many years the able and loyal Governor of Virginia. He espoused the cause of Charles I. against the Parliament, and refused to hold office under Cromwell, which led the colony boldly to adhere to Charles II. as their sovereign, while he was an exile from England, and at a time when the power of Parliament was supreme. In remembrance of this, the king is said to have worn at his coronation a robe of Virginia silk. (Present State of Virginia, 1705, p. 57.) The other authorities for these brief -notices are, Earl of Clarendon's Autobiography, Lord King's Life of Locke, Pepys' Memoirs, Rose's and Gorton's Biog. Diets., Lives of Lord Chancellors, and Burke's Peerage. * See Coxe's Carolana, 1722, and the extracts of the charter in his Appendix. The claims for the province of " Carolana" continued to be prosecuted, but were- limited to the country west of the settled portion of Carolina, and embracing the Mississippi. In "Virginia Richly Valued," published in 1650, it was made to comprehend Roanoak and the southern parts of Virginia. The order in council repudiating the EARLY HISTORY OF SOUTH CAROLINA. 65 made immediate exertions to begin a settlement, that the king might see they did not "sleep with his grant, but were promoting his service and his sub jects' profit." At an earlier period, some settlers from Virginia had proceeded southward, and taken up their abode on the river Chowan. Sir William Berkley was at this time governor of Virginia, and the rest of the lords proprietors wrote him instructions to form im mediately a government for the settlers at Chowan, and to appoint one or two governors, and councils, and other officers. The reason for giving the power of appointing two governors, one on each side of the river, was, they said, " because some persons that are for liberty .of conscience may desire a governor of their own proposing, which those on the other side of the river may not so well like ;" and to obtain settlers, they wished "to comply always with all sorts of persons" as far as they possibly could. This region was now named Albemarle county, in honor of the eldest proprietor, and William Drummond was appointed its first governor. He, with a council of six, made laws for the settlement with the consent of the delegates of the freemen. These laws were claims of Heath's Patent, is thus stated in MSS. in my possession. "12th Aug., 1663. Proceedings ofthe Privy Council. Taking into consideration the present condition of the province of Carolina, and upon information that all pretenders to former grants had been sum moned, according to former orders, to bring in their patents and writings, but none appeared ; and as no English have by virtue of such grants hitherto planted, by which neglect such patents (if any) are become void ; the attorney-general ordered to proceed by inquisition, or some other lawful wiy, to recall all such. All future grants to have a clause that, unlessffilantations are formed the grant shall be void." 66 EARLY HISTORY OF SOUTH CAROLINA. to be sent to England for the approval of the pro prietors. Lands were granted to all free of rent for three years, and the former possessions of the settlers were confirmed to them. A company of adventurers from Massachusetts had settled more to the south, on Cape Fear River, about 1661, and had purchased there an extensive tract of land from the Indians. They now claimed from the lords proprietors the same civil and religious privileges they had enjoyed during their self-govern ment. At the same time [Aug. 1663] the proprietors received proposals from several gentlemen of Bar badoes, who desired to remove to Carolina, and who solicited the grant of a district of land, thirty-two miles square, with the power to choose a governor, mayor, and other officers. While the proprietors de clined to grant these privileges, they encouraged the settlers from Barbadoes, and entered upon the design of establishing a colony southward of Cape Fear, on the Charles River. They issued, on the 25th of August, a " Declaration and proposals to all that will plant in Carolina," and which they promised "invio lably to perform and make good" "in such manner as the first undertakers of the first settlement shall reasonably desire." The settlement could be made on the Charles River, or in any other part of the province, the pro prietors reserving to themselves twenty thousand acres, to be laid out by their own agents, but so that the colony should not be incommoded thereby. They promised the settlers the privilege of erecting fortifi cations, provided they undertook to be true < andr 1 ' EARLY HISTORY OF SOUTH CAROLINA. 67 faithful to the king and his successors, "by some oath or engagement of their own framing." With regard to their government, the settlers were required to present to the proprietors thirteen persons of their company, of whom the proprietors would choose one to be governor for three years from the date of his commission, and six others to be his council. By a majority of these (of which the governor or his deputy should be one) the settlement should be go verned during the period mentioned. Successors to the governor from among the council, and to the councilors from the remaining six of those first pre sented, should also be nominated, to serve in case of death or removal from the colony. At the end of the three years a similar presentment should be made by the freeholders in the colony, ^pd executive offi cers similarly appointed. The proprietors promised that the freeholders should elect an assembly, by a majority of whom they should "make their own laws, by and with the advice and consent of the governor and council, so as they be not repugnant to the laws of England." Within a year after the publication of these laws, they should be presented to the proprietors for their approval or dissent ; but if once agreed to, they could only be repealed by the power that enacted them. The proprietors promised to grant, in as ample a manner as the settlers should desire., "freedom and liberty of conscience in all religious or .spiritual things, and to be kept inviola bly." They promised exemption from taxes on im ports and exports in regard to whatever articles the charter allowed. They promised every settler, for 68 EARLY HISTORY OF SOUTH CAROLINA. the small rent of one halfpenny an acre, one hundred acres of land for himself and his heirs, and fifty acres for each man servant whom he should carry or send to the colony (provided he were able to bear arms, and took with him a good musket and ten pounds of powder and twenty pounds of» bullets), and thirty acres for every woman servant. After their term of service, each man servant should be entitled to ten acres of land, and each woman to six acres. But these promises were restricted to those who arrived during the first five years of the settlement. To in sure the confidence and security of settlers, the pro prietors also promised that the governor and council should be enjoined to have always in the settlement one armed man in proportion to every fifty acres of land that should b^granted. Such were the liberal offers which were first made to all who would remove to Carolina. Equally demo cratic in their tendency were the privileges granted to those who had already fixed their abode in Albe marle county. The region about Cape Fear was now called Clarendon county. A number of English emigrants arriyed here on 29th May, 1664 ; and in November, Robert Samford was appointed secretary and chief register, and John Vassal surveyor-general and deputy governor. In the following January, Sir John Yeamans, of Barbadoes, was commissioned vh*s governor, and the boundaries of his government es tablished in a southward direction "as^far 'as the river St. Mathias, which bordereth upon thl>C coast of Florida." Tracts of land were granted, according to the promises of the proprietors, to adven/turers from EARLY HISTORY OF SOUTH CAROLINA. 69 England, New England, the Island of Barbadoes, and other islands of the West Indies ; and an annual rent of one halfpenny an acre was required, the first pay ment to be made in March, 1670. After receiving their charter, the lords proprietors had held their first meeting in May, 1663, to appoint officers among themselves, and ordain rules for the government of their province. They agreed to con tribute equally a fund for transporting colonists and for other expenses. But we shall have many occa sions, to observe that they did not agree upon any fixed policy for the administration of the colonies which they were forming. To Sir William Berkley, who was in Virginia, they at first committed the fos tering of their joint interests. He was directed, as we have seen, to constitute the government for Albe marle county. In the same letter of instructions, the proprietors observed, "we do likewise send you pro posals to all that will plant, which we prepared upon receipt of a paper from persons that desired to settle near Cape Fear, in which our considerations are as low as it is possible for us to descend. This was not intended for your meridian, Avhere jre hope to find more facile people, who, by your interest, may settle upon better terms for us, which we leave to your management, with our opinion that you grant as much as is possible, rather than deter any from plant ing there." And now Governor Yeamans was told " to make every thing easy to the people of New Eng land, from which the greatest emigrations are ex pected, as the southern colonies are already drained."* * Chalmers' Pol. Ann. 70 EARLY HISTORY OF SOUTH CAROLINA. The New Englanders who had settled on "Old Town Creek," in 1661, being reduced to want by the sterility of the country, had left their cattle to the keeping of the Indians, and returned to Massa chusetts* before the arrival of the exploring ship Adventure, which sailed from Barbadoes, under Capt. Hilton, in August, 1663. Although at their depar ture they had placed in a post " a writing, the con tents whereof tended not only to the disparagement of the land about the said river, but also to the great discouragement of all those that should hereafter come into those parts to settle ;"f yet they were very active in claiming the land as their own as soon as the province was granted to the proprietors.! These noblemen, however, while they were anxious to please all settlers in Carolina, desired Sir William Berkley to persuade or compel these enterprising New Eng landers, who' already were "roaming the continent," to be satisfied with such allotments of land as were given to others.§ Whatever number, from liberal offers of political and religious privileges, returned to Cape Fear, their settlement was soon abandoned or absorbed in thaLpf the emigrants from England, who, in 1664, began to build a town called Charles Town, about twenty or thirty miles up the Cape Fear River. * Lawson (Hist, of Carol., London, 1718), p. 74, relates the tradition of the inhabitants at Cape Fear, about 1700, that some of these colo nists " carried off the children of the Indians under pretense of instruct ing them in learning and the principles of the Christian religion ; which so disgusted the Indians, that though they had no guns, yet they never gave over till they had entirely rid themselves of the English by their bows and arrows." t Hilton's Relation. X Bancroft. \ Chalmers' Pol. Ann. EARLY HISTORY OF SOUTH CAROLINA. 71 To aid and encourage the proprietors,. Charles II. presented to this colony twelve pieces of cannon, and a considerable quantity of warlike stores. It was here, on the southern bank of the Cape Fear, that Sir John Yeamans and the emigrants from Barbadoes at length arrived in the autumn of 1665., In the following year the population of the settle ment amounted to eight hundred. He governed the colony with the care of a father, and by his prudence received the uninterrupted goodwill of the neighbor ing Indians. The settlers sent timber and staves to Barbadoes, and industry and animation marked the conduct of all.* But after Yeamans was appointed governor of the more southern colony at Ashley River, many of the settlers are said to have followed him thither, to lands more fruitful and better1 adapted to raising cattle ; and the situation at Cape Fear be came at last so completely deserted, that before 1690 it relapsed into its original condition, and was roamed over again by herds of deer and the Indian hunters.f <*¦ «V^ In Albemarle cdlmty, when the rents for land be- V ¦ ^ came due (in 1666), the people began to be dissatisfied ; ^ ' and the proprietors, yielding their expectation of im mediate gain to their desire to harmonize and accom modate the settlers, granted the petition of their assembly in the following year, and allowed them to hold their lands on similar terms with the inhabitants * Chalmers' Pol. Ann. t Williamson. From this period there were but two governments in Carolina, at Albemarle and Ashley River ; and the names of North and South Carolina began to be used, although the colonies were not by law thus separated until 1729. In Stat, at Large" " South Carolina" is men tioned in 1696. % 72 EARLY HISTORY OF SOUTH CAROLINA. of Virginia.* Like the Virginians from whom they had emigrated, they cultivated chiefly tobacco and Indian corn, and trafficked for other articles which they needed with the traders from New England. In October, 1677, Samuel Stevens, a man of virtue and ability, was commissioned to succeed Governor Drum mond; and he was permitted still to conduct the government in the most democratic manner. He was to act entirely by the advice of a council of twelve, six of whom he himself selected, and the other six were chosen by the assembly. This assem bly of twelve men, elected by the freeholders, made laws, and had also a large share of executive powers. They convened and adjourned themselves ; appointed civil officers and the ministers of churches; and no taxes could be imposed without their consent. There was perfect freedom of religion ; and all men were declared equal in privileges on taking an oath of allegiance to the king and fidelity to the lords pro prietors. When in 1669 the Assembly passed laws to exempt new-comers from paying taxes for one year ; to pre vent for five years the suing for debts contracted out of the colony; to prohibit strangers from trading with * In " Public Acts, North Carolina," is a copy of this " Great Deed of Grant," dated May 1, 1668, and signed by Albemarle, Berkley, Car teret, Craven, Ashley, and Colleton. By this deed lands were granted to the settlers, at their request, to be held on the same terms as in Vir ginia ; the grants of the governor being effectual in law, " for the enjoy ment of the said land or plantation, and all the benefits and profits of and in the same (except one-half of all gold and silver mines,) to the party to whom it is granted, his heirs and assigns forever, he or they performing the conditions aforesaid." EARLY HISTORY OF SOUTH CAROLINA. 73 the Indians ; to allow marriages on simply declaring mutual consent before the governor and council and other witnesses ; and to forbid the transfer of lands for two years — the proprietors without delay con firmed their enactments, as though indeed they would deny them nothing, however strange and incompati ble with their own interests, provided it pleased the colonists and might be an inducement for others to join them. The counties of Albemarle and Clarendon were founded under the charter of 1663. Two years after ward a second charter was bestowed upon the same noblemen, chiefly because the extent of territory then given did not include all the region of North Ame rica, in a southward direction, which England was disposed to claim. The limits of the province were now enlarged to 29° on the south, and 36° 30' on the north, including all within these parallels from the Atlantic to the "South Seas" or the Pacific [1677]. To this immense tract of country were afterward added the Bahama Islands, lying eastward in the At lantic. Perhaps this extension of the grant, which embraced two more degrees on the south, was in an ticipation of the treaty concluded with Spain, and by which the latter power relinquished her pretensions to the territory in North America then in possession of the English. There are two other differences between the char ters. In the first the territory granted is spoken 'of as one province. In the second, power is given to subdivide the province into counties, baronies, and colonies, with separate and distinct jurisdictions, 7 74 EARLY HISTORY OF SOUTH CAROLINA. liberties, and privileges. The second charter is also more explicit in matters of religion ; the proviso in the first restraining dissenters from the Church of England, being changed to a promise or declaration that such persons should not be molested for their religious opinions and practice. [§ 18.] This second charter, which is dated June 30th, 1665, formed the basis of the government of Carolina until its surrender to the king by the proprietors. A synopsis of its provisions is necessary for a proper understanding of much of our history during that long period. To the king were reserved the allegiance of the settlers and the sovereign dominion over the country ; in all other respects the noblemen to whom the charter was granted, and their heirs and successors,. were con stituted the true and absolute lords and proprietors, to hold the province as their own, with no other ser vice or duty to the king than the annual payment of twenty "marks" (about $64), and the fourth part of the gold and silver ore that should be found within the province. To the proprietors was also granted the power, from the king as the head of the Church of England, to cause churches and chapels to be built and conse crated, and to appoint the ministers of them ; and also such independent jurisdiction as was held by the bishops of Durham, who from the earliest times of the English monarchy had regal authority in their county — who appointed judges, pardoned treason, murder, and other crimes; and all offenses were said EARLY HISTORY OF SOUTH CAROLINA. 75 to be committed against their peace, and not, as in other places, against the peace of the king. To the lords proprietors was likewise granted the power to subdivide the province, as we have pre viously mentioned ; "and also to ordain, make and enact, ana under their seals to publish any laws and constitutions whatsoever, either appertaining to the public state of said whole province or territory, or of any distinct or particular county, barony or colony of or within the same, or to the private utility of particular persons, according to their best discretion, by and with the advice, assent and approbation of the freemen of the said province or territory, or of the freemen of the county, barony or colony for which such law or constitution shall be made, or the greater part of them, or their delegates or deputies," and whom, for this purpose, the proprietors should, from time to time, cause to assemble in such manner and form as to them should seem best. It was however reserved to the proprietors, or their appointed magistrates, when any sudden occasion would prevent the calling of the Assembly, to pro claim ordinances for preserving the peace or for the better governing of the people, provided such ordi nances were in accordance with the laws of England, and did not affect the freehold or other property of the people. It was granted to the proprietors to build towns and cities and form manors — to erect forts and other fortifications — to make war, and have complete mili tary power in all respects as a general of an army 76 EARLY HISTORY OF SOUTH CAROLINA. has; and to suppress rebellions and establish martial law in the province. The province of Carolina was to be distinct from all other provinces, and its inhabitants were to be liege subjects directly to the king, and coiild not be compelled to answer in any court out of the province except in the courts of England. The charter" offered particular encouragements to all who would settle in the province. The permission of transport ing themselves and families was accompanied with, the royal assurance of their protection as still a part of the English people, and of their right still to claim and enjoy all the privileges of British subjects. To them also was given the freedom of commerce to and from the ports of England, without distinction as colonists ; and to export free of duty all tools and implements necessary to the cultivation and improve ment of the land, and for seven years to import freely into England such agricultural productions as at that time were supposed likely to become the most valua ble productions of the new province. The proprietors were to establish such sea-ports as they pleased, and to have for theniselves the revenues arising from the customs and duties ; but these were to be assessed by the proprietors " by and with the con sent of the free people, or the greater part of them." The lands in the province which should be pur chased or otherwise obtained from the proprietors, were to be held as the absolute property of those who should obtain them. The proprietors could them selves dispose of all their share in the province. The proprietors had power to confer, within the EARLY HISTORY OF SOUTH CAROLINA. 77 province, marks of distinction and titles of honor, provided they were not the same as those conferred in England. But the most important encouragement offered to the settlers was the religious freedom to dissenters from the Established Church of England. The charter conferred upon the proprietors the power of granting, in such manner and with such restrictions as to them might seem fit, indulgence and freedom in matters of re ligion, " and that no such person or persons, unto whom such liberty shall be given, shall be any way molested, punished, disquieted, or called in question for any difference in opinion or practice in matters of religious concernment, who do not actually disturb the civil peace of the province, county, or colony that they shall make their abode in ; but all and every such person and persons may, from time to time and at all times, freely and quietly have and enjoy his or their judgment and consciences in matters of religion throughout all the said province or colony, they behaving peaceably, and not using this liberty to licentiousness, nor to the civil injury or outward dis turbance of others." At this time in England the dominion of the Pres byterian party had just been, superceded by that of the Episcopalians; and the injuries the latter had received, produced, as is natural, a spirit of intoler ance against all dissenters and non-conformists. By the former party the use of the Book of Common Prayer had been forbidden, even in private houses ; and thousands of Episcopal clergymen had been driven from their benefices, and subjected to insult 7* 78 EARLY HISTORY OF SOUTH CAROLINA. and injury. The House of Commons in 1661, on the other hand, began the retaliation, by resolving to expel from among themselves all who would not take the sacrament according to the form of the Church of England. Episcopal ordination was de clared necessary for preferment to the livings of the church ; and in consequence several thousand minis ters, in one day, were obliged to leave their benefices. These and other extreme measures were enacted, that show how little harmony existed between the relig ious parties at the period of the Restoration. Of the eight proprietors of Carolina, all but the Earl of Shaftesbury were advocates of episcopacy. It may appear remarkable that in the charter, the civil rights granted to the colonists are secured to them by the king independently of the proprietors, while religious freedom was left subject to their will and restriction. But their liberftl interpretation of this clause of their charter will be manifest in the unrestricted toleration of all sects, which they ordained in the body of laws or frame of government afterward prepared for their colonists in Carolina; a toleration the more to be admired when we consider the spirit of prosecution which still warmly existed in all denominations of Christians in the mother country.* But if we compare the charters of Connecticut [1662] and Rhode Island [July, 1663] with that of our own colony [March, 1663] it will be evident * The charter " had an overplus power to grant liberty of conscience, although at home was a hot persecuting time." (Archdale's Descript. of Carol.) See also Case of Dissenters, in Appendix. EARLY HISTORY OF SOUTH CAROLINA. 79 that the self-interest of Clarendon and his associates denied to Carolina many civil, privileges, which it would not have seemed strange at that time to grant. The colonists of Connecticut elected all their officers without interference, made their own laws without the concurrence or veto of the king, and administered justice without appeals to the English courts. In Carolina, on the contrary, the governor and all superior officers were appointed by a body of noble men separated from the colonists by the breadth of the Atlantic ocean, all laws were subject to the negative of the same noblemen, and appeals were allowed to the courts of England. The charter of Rhode Island constituted so pure a democracy, that it has been cherished as a system of republican government till our own days. Under that of Carolina, on the other hand, so pure an aristocracy was contemplated that the preamble of thef subsequent " unalterable laws" of 1669> avowed the object of the proprietors to be an avoidance of a "numerous democracy." Even the proprietary charter of Maryland [1632], which is said to have been the model of that of our colony, was more liberal to the civil and religious equality of the settlers, and also secured to them an untram- meled participation in framing their own laws. In preparing the proprietary charter of Carolina, the royal power appears not to have been so much respected, nor the welfare and freedom of the settlers so much regarded, as the pecuniary advantages and political importance of the lords proprietors them selves, which we will endeavor to show in the follow ing chapter. 80 EARLY HISTORY OF SOUTH CAROLINA. CHAPTER IV. The Proprietors dissatisfied with the results of their Colonial Policy — Treaty between England and Spain — A more perfect form of Govern ment designed for the whole Province — The Fundamental Constitu tions — Tlie Founding of a New Colony to be governed by these Con stitutions — The Settlement directed to be made at Port Royal — Wm. Sayle appointed first Governor — Jos. West commander of the fleet — Instructions to Sayle, West, and other Officers — Arrival at Port Royal — Leave Port Royal and settle on Ashley River — Old Charles Town — Death of Sayle. The beautiful and commodious harbor of Port Royal, which had excited the admiration of Spanish and French voyagers, became also the chosen spot for the first English settlement in Carolina. The colony in Albemarle had been hegun by immigrants from Virginia before the proprietors obtained their charter ; and its vicinity to thfe government of Sir William Berkley prompted the immediate extension of the proprietary authority over the settlers. But the hearts of the proprietors were fixed on Port Royal. In 1664, they dispatched to Barbadoes the ship John & Thomas, with arms and ammunition to be sold to all who desired to undertake, on liberal offers, a settlement at Port Royal. But the inhabit ants of Barbadoes who wished to remove to Carolina, had in August, 1663, sent out commissioners in the Adventure, to explore the coast; and it was, no doubt, on account of the relation which they gave of the hostile disposition of the Indians, and the pres ence of Spaniards at Port Royal, and on account of their representation of the advantages of Cape Fear EARLY HISTORY OF SOUTH CAROLINA. 81 River, that Major John Yeamans and his associates selected the latter place. Their choice was acceded to by the proprietors whose principal aim was to gain settlers for any part of their vast territory.* Yet soon after Yeamans was made governor of Clarendon county at Cape Fear, and the region extending thence to the southernmost limit of Carolina, it was declared that his commission should not be a hin drance to the appointment of another governor " in the proposed settlement to the south of Cape Romania,"-}- which was near the mouth of the Santee, and soon obtained the name of Cape Carteret, in compliment to one of the proprietors. The third colony which it was now determined to form, was destined also for Port Royal ; and it was the design of the proprietors to establish there, upon a constitutional basis, a system of government, com mensurate with the magnitude of their dominion, and the high powers which they derived from their charter. Six years had passed since they had been made the absolute lords of Carolina, and they had -reason to be dissatisfied with the results of their efforts to colonize the country. At Chowan and Cape Fear, the increase of population and the development of the productiveness of the land had been retarded by the selection of unfavorable situations. Instead of the realization of sudden wealth, the colonists were contented if they gained the comforts of life from raising cattle, cultivating an untried soil, (chiefly * Hilton's Relation. MS. from papers in London. 82 EARLY HISTORY OF SOUTH CAROLINA. with -tobacco,) or felling the forests for the exporta tion of lumber. The proprietors did not, merely from motives of benevolence, concede extensive privileges and contribute their privale means for the advance ment of the colony. They had hoped for a large remuneration in a few years. But the profits of the little commerce that had begun in Albemarle and Clarendon, were reaped by the active shipowners of New England ; and there remained only the rents of land to reimburse the heavy expenditure of the pro prietors. Yet when the first payments became due, disturbances arose, the quit-rents were remitted, and for the sake of peace the settlers were further in dulged with such changes in the terms of their lands as they themselves desired. In the mean time, the treaty [1667] between Eng land and Spain, acknowledging the claims of the -English possessions in America, was calculated to encourage the proprietors in their contemplated set tlement at Port Royal; to the accomplishment of which they now directed their earnest efforts. Wil liam Sayle had lately returned from a voyage among the isles along the coast of Florida,* and the proprie tors, as we have noticed, solicited and obtained the addition of the Bahama group to their former grant. About this time, their previous indefinite policy with respect to their colonies became more settled under the influence of the Earl of Shaftesbury ,f to whom, * See Appendix, Ext. Winthrop's New Engl. t The Earl of Clarendon, who lived in exile, took no active part in the affairs of the colony. The same remark may apply to the aged Duke of Albemarle, who, though elected in Oct., 1669, the first palatine, survived but a few months. Sir Jno. Colleton was dead. His brother bad become proprietor in his stead. EARLY HISTORY OF SOUTH CAROLINA. 83 it is believed, was committed the preparation of the plan for founding the new colony. The distin guished abilities of Locke, 'the friend of Shaftesbury, were engaged in this important task, and the celebrat ed " Fundamental Constitutions," which he framed, were solemnly adopted by the proprietors in July, 1669.* The peculiar system of government designed by this constitution, will be seen in a brief view of some of its provisions. One of the proprietors was chosen palatine or gov ernor, with regal authority within the province. At his death, the oldest of the remaining proprietors should be his successor. An hereditary nobility was created, consisting, besides the eight lords proprietors, of two orders, namely landgraves and caciques. Their dignity was supported by grants of large estates, and secured by making these estates forever inseparable from the titles and privileges of the 'respective orders. The province was divided into counties ; each county into eight seignories, which should belong to the eight lords proprietors ; eight baronies, which should belong to the provincial nobility ; and four precincts, each containing six colonies, which were reserved for the people. Each seignory, barony, and colony contained 12,000 acres, which made each county 480,000 acres', or * Locke also composed, at the request of Shaftesbury, a treatise on the Growth and Culture of Vines and Olives, the Production of Silk, &c. / See his works. That Locke wrote the Constitutions is proved by. the / proprietors calling them "the excellent system of Locke." See Appeu- ' dix. Lett, to Ludwell, 1693. 84 EARLY HISTORY OF SOUTH CAKOLINA. 750 square miles. Of this land, the eight proprie tors would have 96,000 acres ; and as there were to be as many landgraves as counties, and twice as many caciques, each landgrave's share was ap pointed to be four baronies, or 48,000 acres, and each cacique's share, two baronies, or 24,000 acres. There were left three-fifths of each county, or 288,000 acres, for the people. These proportions of land and of the provincial nobles, were to be invariably preserved as an increase of counties should be made in the province. The effects of this arrangement might be seen from the mode of establishing the parliament. " There shall be a parliament consisting of the proprietors, or their deputies, the landgraves and caciques, and one free holder out of every precinct to be chosen by the free holders of the said precinct respectively. They shall sit all together in one room, and have, every mem ber, one vote." The landgraves and caciques were created by the lords proprietors ; and consequently the parliament, composed in this manner, would have given a major ity to the aristocracy until nine counties should have been formed, when the representatives of the people would have obtained a majority of one vote. But this would have been of no avail to the democratic element of the government, since the proprietors themselves had a vote on all laws passed by the Provincial Parliament. In carving out this system, other provisions were included in the fundamental laws, resuscitated, perhaps, from the times of King, Alfred, but unsuited to the usages of the colonists, EARLY HISTORY OF SOUTH CAROLINA. 8 3 and discordant with their notions of personal free dom. Any lord of a seignory or barony was per mitted to lease, for a term of years, a part of his estate; and if it were in one piece, containing between 3,000 or 12,000 acres, it might constitute a manor, by grant of the palatine's court. The lord of each seignory, barony, or manor, could try his leetmen or vassals, in all civil and criminal cases, without appeal, except by previous registered agreement. Nor could " any leetman or leetwoman have liberty to go off from the land of their particu lar lord and live anywhere else, without license obtained from his said lord, under hand and seal." • In framing also the higher judicial tribunals, the wisdom of the legislator did not overlook the impar tial administration of justice ; but the power and interests of the proprietors and nobles were made pre eminent, and theif position and honors, perhaps, too much exalted above the people. There were eight superior courts, the palatine's, chancellor's, chief jus tice's, constable's, admiral's, treasurer's, high steward's, and chamberlain's ; and besides these, county courts and precinct courts. Among the officers of the supreme courts, were vice-chancellors, recorders, jus tices of the bench, masters, marshals, lieutenant-gen- erals, consuls, proconsuls, under-treasurers, auditors, comptrollers, surveyors, vice-chamberlains, and pro vosts. The chief executive authority was in a grand council, which had power to determine controversies between the proprietors' courts, arising from conflict ing jurisdictions and methods of proceeding — to make 8 ob EARLY HISTORY OF SOUTH CAROLINA. peace and war — to conclude treaties with the Indian tribes — to issue general orders for raising, directing, or disbanding the forces by sea or land — and to dis pose by their orders on the treasury of all money granted by acts of the parliament. Whatever matters were proposed in parliament must first have been proposed and passed by the grand council. While the parliament was biennial, (and could be dissolved by the governor with the con sent of any three deputies,) on the other hand, the grand council met monthly, and oftener if necessary. It was to consist of the palatine and seven proprie tors, or their deputies, and the forty-two councilors of the proprietors' courts ; and these were so chosen as to give a preponderance of power and influence to the proprietors and their nobles. Fifteen clauses of the Fundamental Constitutions relate to religion. The most peculiar of these enact that every person above seventeen years of age should, under penalty of forfeiting the benefit and protection of law, be a member of some church or profession, and of only one at a time ; that no one should hold an estate, or even dwell within the province, who did not acknowledge a God, and that he i,s publicly and solemnly to be worshiped ; but this was not to exclude Jews, or heathens, provided seven or more of them agreeing in their persuasion, should form a church and adopt a name to distinguish themselves from others. "No person whatsoever shall disturb, molest, or persecute another for his speculative opinions in religion, or his way of wor ship." EARLY HISTORY OF SOUTH CAROLINA. 87 It is worthy of notice also, that no law passed by the parliament could become permanently of force unless ratified by the seals and signatures of the pa latine himself and three more of the lords proprie tors ; that no commentaries should be made on the laws or any part of the Fundamental Constitutions ; that all laws should expire, without a repeal, at the end of every sixty years ; that juries should render their verdicts by a majority of the twelve ; that no one should plead another's cause till he had taken an oath in open court that he did not plead for money or reward ; that every freeman should " have abso lute power and authority over his negro slaves ;" that the owners of land, upon any title or grant what soever, should, after 1689, pay to the proprietors an annual rent of a penny an acre ; that any alien could become naturalized by subscribing the Fundamental Constitutions ; and that no one in the province should be considered a citizen, who did not after seventeen years of age subscribe the same and promise to defend and maintain them to the utmost of his power. Such was the grand model and favorite plan of government, which, the proprietors said in their preamble, we have agreed " to be perpetually estab lished amongst us, unto which we do oblige ourselves, our heirs and successors in the most binding ways that can be devised ;" and which they also very truly stated to be for "establishing the interest of the lords proprietors with equality and without confusion, and that the government of this province may be made most agreeable unto the monarchy under 60 EARLY HISTORY OF SOUTH CAROLINA. which we live, and of which this province is a part, and that we may avoid erecting a numerous democracy." At the time of the adoption of these Fundamental Constitutions, the officers to conduct the expedition to Port Royal, and to govern the colony, had been already chosen, and their commissions and instruc tions prepared. The commission of Gov. Sayle [July 26, 1669] conferred upon him the executive power, restricted by the advice and consent of a majority of the council. The acts of the governor and council were also to be conformable to the instructions annexed to the commission, and to the Fundamental Constitu tions and form of government transmitted at the same time, engrossed on parchment and under the hands and seals of the proprietors. If Governor Sayle should leave the province, he was empowered, with the approbation of a majority of the council, to appoint a deputy governor with the same powers that had been conferred upon him self. Or in case of Gov. Sayle's death,' or departure without the nomination of a deputy, then the coun cil should appoint a governor to act until the pleasure of the lords proprietors could be made known. In a new settlement many things were necessarily left to the discretion of the governor. But as the inter ests of the proprietors were most affected in the dis posal of land, it was strictly enjoined that grants of land should be issued by the governor only with the consent of a majority of the ten councilors, that is of six, three of whom should be deputies of the proprietors. EARLY HISTORY OF SOUTH CAROLINA. 89 ' . J The instructions referred to in this commission, state that as " the number of people which will at first be set down \ at Port Royal, will be so small, together with want of landgraves and caciques, that it will not be possible to put our grand model of gov ernment in practice at first, and that notwithstanding we may come as nigb the aforesaid model as is prac ticable — First, as soon ,as you arrive at Port Royal, vou are to summon al.1 the freemen that are in the colony, and require them, to elect five persons, who being joined to the five deputed by the respective proprietors, are to be your council, with whose advice and consent, or at least six of them, all being sum moned, you are to govern according to the limitation and instructions following, observing what can at present be put in practice of our Fundamental Constitutions and form of government. Secondly : You are to cause all the persons so chosen to swear allegiance to our sovereign lord the king, and sub- scribe fidelity and submission to the proprietors and the form of government by them established. But in case any man for religion's sake be not free to swear, then shall he subscribe the same in a book for that use provided, which shall be deemed the same with swearing." Gov. Sayle was further instructed to select, with the aid of council, a suitable spot on which to build a fort, under the protection of which the first town should be placed. In this fort their stores of all sorts should be kept. If the town should be built on an island, the whole island should be for the people ; if on the main land, the adjacent lands should be for 8* 90 EARLY HISTORY OF SOUTH CAROLINA. the people, in order that they might at first dwell near each other. But no lands for the people, the proprietors, or nobility, were to be taken within two miles and a half of any Indian town (if on the same side of a river), as it was hoped that the Indians would be induced to become a part of the colony. With the consent of council, the governor should establish " such courts and so many" as should for the time be necessary for the administration of justice, till the " grand model of government" could be put in execution. The governor was instructed " to summon the free holders of the colony and require them in our names to elect twenty persons, which, together with our deputies, for the present are to be your parliament, by and with whose consent, or the major part of them, you are to make such laws as you shall from time to time find necessary ; which laws being ratified by you, and any three of our five deputies, shall be in force as in that case provided in the twelfth and other articles of our Fundamental Constitutions and form of government."* To induce speedy immigration, all free persons above sixteen years of age that should come to settle in the colony before the 25th March, 1670, should .have 150 acres of land for himself, and 150 more for every able man servant he should bring with him, * The power granted by Charles II. to the eight proprietors, " who again, by common consent, centered that power in four of them, viz. : in a palatine of their own election, and three more, who were em powered to execute tlie whole powers of the charter, and is called a pala tine's court, their deputies in Carolina executing the same, as from their principals they are'directed." — Archdale's Descript. of Car. EARLY HISTORY OF SOUTH CAROLINA. 91 and 100 acres for every woman servant, or man servant under sixteen years of age ; and all servants should have 100 acres apiece, as their own, when their term of service should have expired. If such persons arrived after the above date and before 25th March, 1671, they should be entitled to less land ; and to still less if they arrived in the year ending 25th March, 1672. As the tenure of land was of great importance to the settlers, it was ordered that when the claim of any person to a certain portion of land was made ap parent to the governor and council, they should issue a warrant to the surveyor-general, who should lay out the land, and the same having been recorded, and the person having sworn or subscribed allegiance to the king and fidelity to the Fundamental Constitutions, a grant should be issued by the governor in the name of the -proprietors, entitling him and his heirs and as signs to the land forever; provided that, after the 29th September, 1690, he should pay to the proprie tors the annual rent of a penny, or the value of a penny, for every acre. This grant should be signed by the governor and three of the council, and being recorded, should be a " full and prime conveyance of the land." The governor and council were also instructed to control the furnishing, from the stores of the proprie tors, of victuals, clothing and tools, to such of the poor settlers as should need them ; and to direct the amount of presents, from the same stores, that should be given to the neighboring Indian chiefs to secure their goodwill and friendship. 92 EARLY HISTORY OF SOUTH CAROLINA. Suitable instructions of the same date were pre pared for Mr. Joseph West, who was commissioned " governor and commander-in-chief" of the "fleet and the persons embarked in it bound for Carolina," until his arrival at Barbadoes. He was first to sail to Kinsale, in Ireland, to ob tain twenty or twenty-five servants for the proprie tors, whose object was to form a plantation in the vicinity of the first settlement at Port Royal, under the management of Mr. West. In the various soils experiments were directed to be made in vines, olives, ginger, cotton, indigo, and different vegetables, such as Indian corn, beans, peas, turnips, carrots and po- tatos ; and he was wisely told " never to think of making any commodity your business further than for experience sake, and to have your stock of it for planting increase till you have sufficiently provided for the belly by planting store of provisions, which must in all your contrivances be looked upon by you as the foundation of your plantation." He was also instructed to fence off a piece of ground for cattle, to be obtained from Virginia, and to get hogs from Bar badoes while on his voj'age to Port Royal. Mr. West was appointed also storekeeper in the colony for the goods sent out by the proprietors, and which he was instructed to put in store-houses within the fort at Port Royal, and to deliver every week, to such persons as the governor and any three of the deputies should direct, certain portions of beef, peas, flour, oatmeal or bread, and tools, clothes, and fish hooks ; but on a credit of three months, after which such persons were required to give their obligations EARLY HISTORY OF SOUTH CAROLINA. 93 to a recorder for the amount received, and were charged interest at ten per cent, for the time it should remain unpaid. If there should be no money in the settlement, pay ment could be made -in articles of produce at specified rates, as two pence or three pence a pound for ginger, according to its preparation, and other rates for indigo, silk, cotton, wine, olive oil, wax, and pipe staves ; for such commodities it was then supposed would be the products of the colony. The warlike stores were also to be kept within the fort, under the charge of Mr, John Rivers, and guns, powder, and shot could be procured by the settlers on the same terms. One of the ships commanded by Mr* Henry Braine, after the landing of the settlers, was to return to Barbadoes or to Virginia, for the purpose of convey ing passengers or freight again to Port Royal. He was thence to sail to whatever port Governor Sayle, Mr. West, and himself should decide upon. Thus we perceive how carefully, and in many re spects, how wisely, the lords proprietors projected the first settlement of South Carolina. They provided, it is true, for their own interests in the political, agri cultural, and commercial arrangements which they designed ; yet the security and welfare of the settlers were not neglected ; and a people willing to submit to the peculiar plan of government and to the proposals of the proprietors, might have found in their condi tion nothing wanting to make them happy but indus try and contentment. We are left in doubt with regard to the time at 94 EARLY HISTORY OF SOUTH CAROLINA. which the expedition set sail. It is said to have left England in January, 1670. The care and prepara tion bestowed by the proprietors upon the preliminary plans of the settlement, were followed by equal energy and solicitude in their execution. At their joint expense they sent out three vessels and several hundred able men, with provisions for eighteen months, and tools, ammunition, and whatever else was thought necessary for a new settlement.* The majority of the settlers, including Governor Sayle, were in religion dissenters from the Church of Eng land ; a fact worthy of notice on account of its con nection with the Fundamental Constitutions under which they were about to be governed.-)- The fleet, whether it sailed to Ireland and Barba does or not, we are certain reached the islands of Bermuda in February, 1670.J It sailed thence and arrived at Port Royal, in Carolina, on the seventeenth day of Marcli.\ In the absence of minute records we can only pre sume that, in accordance with his instructions, Go- * Appendix. Wilson's Pamphlet, 1682. Letter to Sothill in Appendix. t See Petition of Boon — Appendix. J Appendix — Sayle's Codicil. I See Appendix. Council Journal— case of Christopher Edwards and Richard Deyos. The decision was made by West and others who had arrived in the first expedition. By Sayle's Codicil they were at Bermuda in February. The instructions of the proprietors directed them to Port Royal, and early accounts state that they went there. Wilson, secretary to the proprietors in London, in his pamphlet dedi cated to the palatine, asserts the first arrivaLof the colonists at Ashleii River to have been in April. By antedating the two years in the case of Edwards and Deyos, the arrival at Port Royal I give on 17th March 1670. EARLY HISTORY OF SOUTH CAROLINA. 95 vernor Sayle immediately summoned the freemen who accompanied him, and that they elected five persons to constitute the grand council in conjunction with the governor, who represented the palatine (the Duke of Albemarle), and with five other deputies respec tively of the Earl of Craven, Lord Berkley, Lord Ashley, Sir George Carteret, and Sir Peter Colleton ; who, it seems, were at that time the proprietors re siding in England. By the advice of this council the place for building a fort and a town was to be selected. Their determi nation not to begin their settlement at Port Royal was no doubt in consequence of its exposure to the attacks of the Spaniards from St. Augustine by sea and land, and the evident connection of the neigh boring warlike Indian tribes with the Spanish inter ests. No cause less than the security of the infant colony could have justified the abandonment of the situation chosen by the proprietors. Probably before the vessels were sent on the voyages to which they had been ordered in England, Governor Sayle and his colonists were transported to Charleston Harbor, which was called by the Spaniards St. George's Bay. In the following month of April, they disembarked on the first high land on the western bank of the Keawaw or Ashley River, on a neck of land which they named Albemarle Point* Here they entrenched themselves, and began to lay off streets and town lots, and to build a fortification and dwelling-houses. It appears that it was not till the following year that * At present a part of the plantation of W. M'K. Parker, Esq. 96 EARLY HISTORY OF SOUTH CAROLINA. the name of "Charles Town" was given to their place of settlement. Scarcely had the settlers entrenched themselves, when, the jealous Spaniards sent from St. Augustine a party to attack them, although peace then subsisted between Spain and England. The vessel of the Spaniards entered Stono inlet, but having found the colonists stronger than they expected, they hastily returned to St. Augustine. In September, Governor Sayle was so reduced by sickness that he made a final disposition of his pro perty, bequeathing his " mansion house and town lot in Albemarle Point" to his son Nathaniel. Within a few months afterward he died. No record or tra dition informs us of the spot where repose the remains of the first governor of South Carolina. EARLY HISTORY OF SOUTH CAROLINA. 97 CHAPTER V. Joseph West administers by choice of the Council — a Parliament formed — Powers ofthe Grand Council — Condition of the Government — Arrival of Settlers and Towns laid off for them — Tempo?ary Laws and Instructions of 1671 — Instructions to Capt. Halsted- — Remarks on the Conduct of the Proprietors — War with the Kussoes — Acts passed by Parliament — Sir John Yeamans claims the office of Go vernor — Denied by the Council — Appointed Governor by Proprietors — His Administration — Introduction of Negro Slaves — The Pro prietors dissatisfied with Yeamans — Popular Disturbances — Incur sion of the Spaniards — West appointed Governor — Prosperous Con dition of the Colony — Popularity of Gov. West — Alteration of the Fundamental Constitutions of 1669 — A second Set sent out— Re jected by Parliament — Temporary and Agrarian Laws of 1672 — Political Parties begin in the Colony — Accession of Settlers — Plantation of Long Island under Governor Percival — Proprietors take the Indian Trade into their own hands — Cession of Land by the Indians — War with the Westoes — Removal of Charles Town to Oyster Point— Condition of the Colony — Policy of the Proprietors — West superseded as Governor. Colonel Joseph West was probably nominated by Gov. Sayle, during whose last sickness or imme diately after whose death, he was chosen by the grand council to act as governor, in accordance with the first instructions of the proprietors. We are certain that he was filling this office on the 10th April, 1671. The grand council elected by the freemen on the arrival of Sayle, continued to govern the colony until the proprietors' ship, the Blessing, brought further instructions in August. On account of the loss of records, we have no knowledge of a parlia ment during the administration of Gov. Sayle. That 9 G 98 EARLY HISTORY OF SOUTH CAROLINA. which was now elected chose, on the 25th of the same month, five of their members (Thomas Gray, Maurice Mathews, Henry Hughes, Christopher Port- man, and Ralph Marshall) to be members of the grand council, in conjunction with the governor and deputies of the proprietors (Capt. John Godfrey, Stephen Bull, William Owens, Sir John Yeamans, and John Foster). The powers of the council were extensive and in definite. The governor acted as ordinary and pre siding judge. The council directed the military affairs of the province, the police regulations of the town, the disposal of lands, the commerce of the port; and, as a court, heard and decided causes of almost every nature. Complaints and petitions were made to them ; and committees or arbitrators were appointed, whose reports were acted upon, and exe cution ordered according to the evidence submitted. Their decisions were respected even when heavy fines. and severe punishments were inflicted. The only instance of disregard of their authority, was the abusive conduct of the commander of the Blessing, who for "contempt of the honor of the lords' pro prietors, and the present government of this pro vince," was forthwith committed into the custody of the marshal, until he gave security "for his good behavior." The representatives of the people, or Commons House of Assembly, elected at this time, seem to have possessed but a small share in the administration. The upper. house, which completed the legislature, were the governor and council, by whom all acts were EARLY HISTORY OF SOUTH CAROLINA. 99 first passed and then proposed to the Commons. But most of the acts of a legislative character were passed as ordinances of the council alone. The other officers were a secretary of the province (Mr. Joseph Dalton) and a marshal (Mr. Thomas#Thompson). The mili tary companies were commanded by Capt. John God frey and Capt. Thomas Gray. A night patrol was performed by all the inhabitants in turn, the town people performing duty twice as often as the owners of the adjacent farms, which required a constant watch against the Spoliations of surrounding Indians. Care was taken to have the people well supplied with arms ; and by law the gunsmiths in Charles Town were bound promptly to refit all firearms that needed repair. It was not till May, 1672, that the fortification was finished, when Stephen Bull was "commissioned Master of the Ordnance and Captain of the fort in Charles Town." • The inhabitants generally were observant of the regulations established among themselves. The slight est infringement on the rights of property, or any in subordination on the part of the lower class of emi grants (such as had come as servants from England) was not permitted to pass unredressed. A spirit of faithful allegiance to the King of England, and obe dience to the lords proprietors, characterized the set tlers ; while great activity was shown by the grand council in their meeting weekly, and at times more than once a week, to attend to the various duties which devolved upon them. For the encouragement of the seamen oj| the Blessing (who were ten in number), the grand coun- 100 EARLY HISTORY OF SOUTH CAROLINA. cil gave them the same proportion of land as was given to immigrants, provided they would settle upon it or send a servant to do so within the time required of other settlers. Such seamen as had pre viously received grants^of land, were now also re quired to have it settled within two years from the time of their grant. By the same ship several fami lies had arrived, no doubt from England, for whom lands and a town were ordered to be laid out on Stone Creek, westward of Charles Town, and in its vicinity. Since the adjacent lands were rapidly taken up by the selection of the settlers, provision was made in October, 1671, for the accommodation of future immi grants by appointing a committee of five members of council to examine the banks of the Ashley and Wando or Cooper River, for suitable places for towns, which should be reserved wholly for this purpose. Pursuant to an order of council on the 18th of August, Capt. Halsted had proceeded to New York, and returned in December with immigrants. The ship Phoenix also brought a number of families from the same place. The principal of these newcomers was Mr. Michael Smith, with whom a committee of council were directed to select a place for settlement on a creek south of Stono, and to lay off a town to be named James Town, the houses in which should be "twenty feet long and fifteen feet broad at least." It was ordained also that in future a list of all immi grants should be recorded in the secretary's office, and ^at captains of vessels should give bond not to carry off any of the inhabitants without a special EARLY HISTORY OF SOUTH CAROLINA. 101 license. Before the furnishing of such list and bond no vessel could land any part of its cargo. Capt. Halsted at his last arrival had brought three letters from the proprietors, addressed to Gov. Sayle ; and these no doubt contained the temporary laws and instructions, dated in London, May 1, 1671, at which time the death of Sayle was not known to the proprietors. They had, however, received informa tion of the settlement made on Ashley River in the spring of 1670. The temporary laws were intended for the go vernment of the colony until the increase of the in habitants would admit of the administration according to the Fundamental Constitutions. It was ordained by these laws, that the Palatine should name the governor, and each of the other proprietors a deputy, who with an equal number chosen by the parliament, should continue to be the council. And when landgraves and caciques should be created by the proprietors, as many of them as should equal the number of the deputies of the pro prietors should also be members of the council, that " the nobility may have a share in the government, ana the whole administration may still come as near the form designed as the circumstances of the grow ing plantation will admit." This grand council should have all the powers prescribed for it in the Fundamental "Constitutions, and also of the "other courts," till they should be separately instituted. The dignities assumed by the lords proprietors should entitle them respectively to the appoftment of all the chief officers in the colony, and the num- 9** 102 EARLY HISTORY OF SOUTH CAROLINA. ber of their deputies was directed by suitable arrange ments always to be kept full. Besides securing to themselves the largest share in the administration, the principle was announced that the balance of the government chiefly depended on the proper propor tion of landed estates held by the proprietors, the nobles, and the people. An addition was subsequently made to these tem porary laws, that no Indian upon any occasion or pretense whatsoever should be made a slave, or car ried out of the country against his will. [About 1683.] In these laws, reference was made to a set of Fun damental Constitutions, different from those first sent out and not yet made known to the colonists. An other set were really prepared which were not as favorable to the religious liberty of the settlers, and which, when made known, in February, 1673, were rejected by them and gave origin to an active opposi tion to the plans of the proprietors. The instructions of the same date, which were addressed to Gov. Sayle at Ashley River, consisted of twenty articles, directing that the freeholders should choose twenty representatives to be joirftd with the council as a parliament, which should be convened in November every tv;o years. They were as a first act, to choose five members to the grand council. Liberal grants of land were promised to settlers and their servants. Particular directions were given for laying out a town, and a plan or model was sefrt. The governor was told to persuade the people, if possible, to settle high up in the country, EARLY HISTORY OF SOUTH CAROLINA. 103 " to 'avoid the ill air of the low lands near the sea, which may endanger their health at their first com ing." (This advice must have been in consequence of sickness that occurred in the summer of 1670, and which had destroyed the health of the governor himself.) It was also intimated that the first convenient healthy highland upon the river Ashley " might be a fit place to build the chief port town on, for unload ing of ships that shall come to Carolina." The governor was instructed, in case of invasion from the the Indians, to do all that should be requi site for the defense and security of the settlement, yet to use every means to gain the friendship of the surrounding tribes. Since beads were highly prized by these savages, particular care should be taken not to allow every settler to barter beads with them, lest such articles should become too common and cheap in their estimation. The settlers who were indebted for stores furnished, might work out their debts by felling and preparing timber " at moderate rates" for a cargo for the vessel of Capt. Halsted, who would sell it in the West Indian Islands for the proprietors. In this letter it was announced that Sir John Yeamans, James Carteret, and John Locke had been created landgraves of Carolina, and 12,000 acres of land should be set out for each, whenever they should desire it. The instructions to Capt. Halstead, which embrace eighteen articles, almost wholly concern the cause of mercantile adventure upon which he was dispatched ; 104 EARLY HISTORY OF SOUTH CAROLINA. but his voyage should particularly subserve the trans porting of passengers or settlers to the colony, when ever they offered themselves. He was also directed to explore the Ashley, Wando, and " Sewa" rivers ; and to communicate to the settlers all useful informa tion that he could obtain of the best modes of raising agricultural products, as tobacco, indigo, cotton, mul berry trees for silkworms, &c. He was also in structed to tell the Carolina settlers, with reference to the supply of provisions which he carried to them, that the proprietors had "been so much out of purse" for their good, that it was expected of them in return to be " fair and punctual" in repaying what they had got, " upon which fair dealing of theirs will depend the continuation of our supplies." We cannot refrain from remarking that the " true and absolute lords" of the immense region of Caro lina, (with all its mines, quarries and fisheries,) whose object was declared to be the diffusion of the Chris tian religion among those who knew not God, — must now have appeared to the colonists to abandon their dignity and best policy for sordid calculations. In stead of the gospel, the Indians were offered only glass beads ; and the needy colonists, who were yet struggling to maintain themselves, were required to repay what had been granted them (with 10 per cent, interest) by preparing cargoes of timber " at moderate rates." Their lordships were already " so much out of purse" for their benefit, that unless punctual payment should be made, the settlers should expect from them no more ammunition or fish-hooks, blankets or provisions. At the same time a nobility EARLY HISTORY OF SOUTH CAROLINA.. 105 was thrust upon them, the first set of the unalterable Fundamental Constitutions was repudiated, and an other set with essential alterations substituted, and numerous laws established without the concurrence of the people (as the charter required) and to which they were expected to yield an unmurmuring obedience. All these circumstances, however, were not yet known in the infant colony, and complete harmony still prevailed through the prudent management of Gov. West, who looked rather to the necessities by which he was surrounded than to plans and theories that emanated from the other side of the Atlantic. The tribe of the Kussoes were the first among the neighboring Indians to assume an , attitude of hos tility toward the English settlement. They and their confederates in the small tribes southward of Charles Town, began, in the summer of 1671, to withdraw themselves from their usual familiar intercourse with the colonists, and to discourage other Indians who were friendly and in the habit of visiting the town for the purpose of traffic. The Kussoes, declared themselves to be in favor of the Spaniards, with whose aid, they said, they intended to destroy the English settlement. Day by day theif' behavior became more insolent ; and on every slight occasion they threatened the lives of the whites, whose property and provisions they looked upon as objects of plunder. Every unguarded farm suffered from their nightly depredations. More open acts of hos tility were only prevented by the constant vigilance of the settlers. On the 27 th September, the governor and council 106 EARLY HISTORY OF SOUTH CAROLINA. met and ordained that war should be forthwith begun against the Kussoes and their confederates. Com missions were granted to Captain Godfrey and Cap tain Gray. Two Kussoes, Avho were then in town, were immediately seized and placed in custody. So accustomed were the colonists to be on the alert, and to have weapons in hand to protect themselves from surrounding dangers, that within seven days com panies were formed, the enemy's country invaded and surprised, and many of the Indians taken captive, and ordered, on the 2d October, to be transported from Carolina, unless the remaining Kussoes sued for peace, and paid such a ransom for the prisoners as should be thought reasonable by the grand council. This bold and effectual movement was made by the colonists when their condition was so essentially weak that the companies were obliged to act as a guard upon the captives whom they had taken, and their remuneration for services in the expedition was the ancient soldiers' pay, namely, the sale or ransom of their prisoners. In the winter of 1671 a scarcity of provisions rendered it probable that the settlers would suffer great distress. With the habitual forethought of Gov. West, it was ordained that the supplies in the store of the proprietors should be frugally distributed to the needy ; that all occupations, (except those of carpenters and smiths,) should be suspended for the planting and gathering of a crop of provisions ; that in future no one should be entitled to assistance from the public store who had not two acres well planted EARLY HISTORY OF SOUTH CAROLINA. 107 with corn or peas, for every person in his family ; and that slothful and loitering persons should be put in charge of the industrious planters for the purpose of working for their own maintenance and the benefit of the community. It will serve to exhibit the condition and progress of the colony during West's first administration, to notice the acts passed by parliament and those pro posed to them by the council, and which no doubt was also passed. October, 1671. — The regulation of the secretary's fees — The regulation of the marshal's fees — The rates and " scantings" of merchantable pipe staves, requiring the appointment by council of one or more " viewers" to examine all pipe staves when " any difference should happen upon payments or exchange between party and party in the province of Caro lina," and the fees allowed for performance of such duties — The modeling of the proceedings of council in the determining of difference between party and party. December, 1671. — Acts relating to masters trading with servants, servants with servants, and servants purloining their masters' goods — Servants coming from England, how long to serve, and servants com ing from* Barbadoes, how long they shall serve from their respective arrivals — That none may retail any drink without license — For the speedy payment of the lords proprietors' debts; "and at what rates artificers and laborers shall work therein." This is the first act of parliament which we find to be rati fied by the proprietors in England. IOS EARLY HISTORY OF SOUTH CAROLINA. At a meeting of the grand council on 14th Decem ber, 1671, Sir John Yeamans having been made a landgrave by the proprietors, claimed, according to the Fundamental Constitutions, to be vice-palatine, and consequently governor of the province. But the council were so well satisfied with the administration of Col. West, that they " resolved and advised (ixemine contra dicente) that it is not safe or warrant able to remove the government as it is at present, until a signal nomination from the palatine, or further orders or directions be received from the lords pro prietors." But Yeamans had already been commissioned gov ernor on the 21st August, when the proprietors had become aware of the death of Col. Sayle. He was the son of Robert Yeamans, alderman of Bristol, whose life and property were sacrificed by his ad herence to the royal cause. At the time of the colonization of Carolina, Major John Yeamans was residing in Barbadoes, whither he had emigrated in quest of fortune. When he solicited a tract of land from the proprietors for establishing a settlement with a large number of persons from Barbadoes, he was received with favor as a man of influence and energy ; and together with their commission as governor of Clarendon county, there was also bestowed ifpon him from the king the title of baronet. Being indebted for his honors to the friendship of the proprietors he evinced an active zeal for the promotion of their interests in the province. But after a careful man agement of his colony in Clarendon for four or five years, he returned to Barbadoes; and the same desire EARLY HISTORY OF SOUTH CAROLINA. 109 of riches that had guided him hitherto, led him thence to the Ashley River soon after the arrival of Sayle. Here he obtained grants of land, and en gaged in the exportation of lumber and provisions to the British islands in the West Indies. He was the first who introduced negro slaves into Carolina, whom he brought from Barbadoes, in 1671, to cultivate his . plantation on Ashley River. Having left Charles Town after the refusal of the council to entertain his claims to the government, he did not return until he had received his commission as governor of Caro lina south and west of Cape Carteret. On the 19th April, 1672, he was proclaimed at Charles Town, and a proclamation was also immediately issued " to dis solve all parliaments and parliamentary connections heretofore had or made in this province," and all the freemen in the colony were summoned to assemble on the 20th to elect a new parliament. Twenty members were accordingly elected, who chose from their number Stephen Bull, Christopher Portman, Richard Conant, Ralph Marshall, and John Robinson, members of the grand council. The deputies were Col. West, Capt. Thos. Gray, Capt. Jno. Godfrey, Maurice Mathews and William Owens. The instructions sent from the proprietors on 16th December, 1671, to Sir John Yeamans and the coun cil, required them to govern by the Fundamental Constitutions, temporary laws and instructions pre viously sent, observing that in cases of difference, those of the latest date should be followed; that nothing should be debated or voted in the parliament " but what is proposed to them by the council ;" and 10 110 EARLY HISTORY OF SOUTn CAROLINA. that on all occasions they should facilitate Capt. Halsted's explorations in the province. The first acts of the new administration were directed to the accurate survey and recording of the lands hitherto granted to settlers, with a view to the more definite claims of quit-rent, and the introduc tion of more of the forms of the Fundamental Con stitutions. Stricter regulations were ordained against leaving the colony. Those who should desire to do so were obliged to set up their names in the secre tary's office ; and if any person objected to their de parture, he wrote his name within twenty-one days beneath the names so set up, and the reasons for his objection were heard by council before a permission to leave could be obtained. It was resolved (perhaps as a check upon Sir John Yeamans) that for the better safety of the settlement, the governor should live in town. The following acts were at this time proposed to the parliament : — 1. For the uniform building of Charles Town. 2. For building a bridge on the southward part of Charles Town. 3. An additional act against fugitive persons or absentees without license. 4. Against selling or disposing of arms or ammunition to the Indians. Col. West, besides the superintendence of the planta tion and stores of the proprietors, was made " register of all writings and contracts." In June, 1672, at his request the council resolved that twenty persons from the debtors to the proprietors should furnish servants to cut and prepare a cargo of lumber for the Blessing at its next arrival. On the other hand, Gov. Yea mans was entering upon plans which demanded an EARLY HISTORY OF SOUTH CAROLINA. HI increased expenditure of the private resources of the proprietors,. The colony was placed in a state of security against invasion. Cannon were mounted at " New Town, on Stono Creek," and a " great gun" was fired at Charles Town on the approach of any vessel. The inhabitants were armed, and six com panies enrolled under Lieutenant-col. Godfrey. The .toils of cultivating the fields were borne chiefly by white servants from England, or Indian slaves pur chased from their enemies; yet while the settlers could scarcely raise sufficient provisions for their own consumption, Sir John Yeamans was engaged in buy ing from them their produce, and exporting it at great gain to the island of Barbadoes. The pro prietors, instead of being repaid, incurred " a debt of several thousand pounds" before the end of 1673, and were still solicited for further aid and a stock of cattle from England. Ten years had passed since the grant of their charter, and the same causes of dissatisfaction that had existed at Chowan and Cape Fear, now also ex isted on the Ashley. The proprietors became un willing to send any more supplies with no hope of repayment ; " for we thought it time," they 6aid, " to give over a charge which was like to have no end, and the country was not worth having at that rate." They contrasted the " care, fidelity, and prudence" of Col. West with the ill management of Yeamans, who had immediately " altered the face of things," and seemed to aim at bringing the colony to no other pitch than to be subservient, in provisions and tim ber, to the interest of Barbadoes." They therefore 112 EARLY HISTORY OF SOUTH CAROLINA. revoked their commission to him, and created West a landgrave and governor in April, 1674. . Sir John Yeamans had previously retired in feeble health to Barbadoes, where he died in August, possessed of considerable wealth, but having lost much of the reputation which he enjoyed when he entered upon the government of the colony at Charles Town. The necessities of the people at the close of Yea-. mans' administration were of so pressing a nature as to occasion great unquietness among the settlers. Capt. Florence O'Sullivan had been the first sur veyor-general of the province, in which office he was succeeded by John Culpepper, in 1671. During the commotions in Charles Town, which were fomented chiefly by Culpepper, the colonists were anticipating an invasion from the Spaniards of St. Augustine. It is said that O'Sullivan had been put in charge of a cannon on the island which now bears his name, in order to alarm the town in case of the appearance off the bar of any Spanish vessels. But being ready to perish with hunger there, he deserted his charge, and took part with Culpepper, in the disturbances at Charles Town, when he was arrested by the marshal for seditious conduct, and required to give security for his future good behavior.* Culpepper afterward retired into North Carolina, and was soon involved in political commotions there. To alleviate the imme- * We have no clear information of the nature and object of these commotions. The story of O'Sullivan's having charge of a cannon ou so exposed a situation, and of the seditions at Charles Town, are given from Hewit, who is not good authority in this part of our history. But I have not felt at liberty to reject his account altogether, from the par tial corroboration in Chalmers' Pol. Ann., p. 304, Carr Col. EARLY HISTORY OF SOUTH CAROLINA. 113 diate distress of the colonists, a supply of provisions was brought from Barbadoes* and Virginia. But the proprietors themselves, though reluctant, had dis patched provisions, with clothes and tools, for the encouragement of the industrious, and promised a yearly supply " to be had at moderate rates by those that would pay for them." In reply to the request for cattle, they told the colonists it was their design "to have planters there and not graziers." If they wished to stock Carolina, they said, they could do better by sending over bailiffs and servants of their own, who would obey their orders, plant where they directed, and not as the settlers had done, take up more land than they could use, and after excluding others from their vicinity, complain of a want of neighbors. The apprehensions of an attack by the Spaniards were not without foundation. The occupation of Port Royal, or its vicinity, was always regarded as an encroachment upon lands which they jealously claimed as their own. Occasionally servants deserted the English settlement and sought to reach St. Au gustine, but were generally brought back by Indians sent in pursuit. Dennis Mahoon had been "stript naked to his waist, and received thirty-nine lashes upon his naked back ;" and John Radcliffe, on suspi cion of a similar desertion, had been kept for a long time in irons, and no accuser appearing had been con demned to five months servitude beyond his term of contract. James Willoughby and Thomas Munristu * For tho flourishing state of Barbadoes, see Martin's Brit. Col., vol. 2, pp. 324-328. Whites, 50,000 ; Negroes and colored, 100,000. iu 1674. In 16C6, 20,000 infantry and 3,000 cavalry. 10* H 114 EARLY HISTORY OF SOUTH CAROLINA. were tried for the same offense. On the other hand, many servants who had been active and faithful were rewarded by the grand council ; and some by their industry soon acquired wealth and respectability in the colony. But it was left for Brian Fitzpatrick, "a noted villain," to desert to the Spaniards at this time and inform them of the distressed condition of the settlers. An attacking party was immediately sent from the Spanish garrison, and took post at St. Helena Island. But on the approach of Colonel Godfrey and fifty volunteers, they retreated to St. Augustine, to await a more favorable opportunity to effect their cherished design of destroying the Eng lish settlement. The seasonable arrival of the proprietors' ship re stored animation to the colonists. It is worthy of remark, however, that there appears never to have been so great a scarcity of food as to endanger the lives of the people. There were failures at first in attempting to raise such grains and fruits as were not best adapted to the soil and climate. But fish and oysters, an abundance of game in the woods, the fertility of the land in producing Indian corn and peas, and the neighborhood of other English colonies, were sufficient to insure the settlement from any fear of starvation. Even in the times of greatest com plaint, in 1673, provisions were exported to Barba does. That Governor Yeamans engaged too exten sively in his exports was perhaps the chief cause of the clamors and discontent of the populace. In a few years after these events, although wine, olive oil, and silk were not among its exports, the colony EARLY HISTORY OF SOUTH CAROLINA. 115 produced abundantly various fruits, and corn, wheat, rye, barley, oats, peas, turnips, parsnips, carrots, po- tatos, and "twenty sorts of pulse, not raised in Eng land, all of them very good food, insomuch that the English garden is not regarded." It was then, too, the custom of the planters to engage the services of an Indian hunter for less than twenty shillings a year, who could supply a family of thirty persons " with as much venison and fowl as they can well eat." Some planters had as many as eight hundred head of cattle, and salted beef began to be exported. Hogs were raised with little trouble; "Barbadoes, Jamaica, and New England affording a constant good price for their pork, by which means they get where withal to build them more convenient houses, and to purchase servants and negro slaves." [Wilson, 1682.] From the earliest period also, pipe staves and lum ber were exported to the West Indies, and sugar, molasses, and rum received in return. In November, 1680, there rode at anchor in Charles Town harbor sixteen trading vessels. These were some of the results of the wise man agement of Colonel West, whom the proprietors declared in May, 1674, the "fittest man" to be governor of Carolina. His annual salary as keeper of the stores was £60, commencing in August, 1669 ; and his salary as governor from August, 1674, was £100 per annum. In March, 1677, in a settlement of his accounts, there remained due £415 9s. Id., in payment of which the proprietors relinquished to him their plantation and debts in the colony. His fidelity however to the proprietors, notwithstanding their 116 EARLY HISTORY OF SOUTH CAROLINA. vacillating and injudicious policy, did not make him overlook the interests of the people. During his first administration, on one occasion there were only two deputies in the province, and cases being before the grand council for decision, he voted that they should be decided by the members present, although his in structions strictly enjoined that three deputies should be present besides the governor. In another instance, in an action for debt, it was pleaded that the plaintiff had not "subscribed his religion" according to the Fundamental Constitutions. But the council voted unanimously that such a plea should be no bar to the recovery of the debt. No governor ever enjoyed in the province so unin terrupted a popularity as Col. West, although he was the medium through which it was sought to impose several disagreeable measures upon the people. By their charter the proprietors had the right to estab lish the episcopal form of worship, with such tolera tion of dissenters as they should think proper. The Fundamental Constitutions being probably prepared in part by Shaftesbury, who had no predilection for any particular form of worship, and by Locke, whose opinions were most liberal in matters of religion, nothing was ordained in them in favor of episcopacy; but on the contrary, an unlimited freedom was pro minently granted to all sects and religions. Besides the wisdom of this course, its policy was calculated to gain settlers from the dissenters, who at that period were the weak and oppressed party in England. Accordingly a large majority, perhaps three-fourths, of the original settlers were dissenters, and willingly EARLY HISTORY OF SOUTH CAROLINA. 117 accepted the Fundamental Constitutions which were sent out with Governor Sayle, solemnly ratified by the signatures and seals of six of the lords proprietors, who were all that were then in England.* As the tenure of land and the naturalization of immigrants depended on their signing these constitutions, the people, to the number of several hundred, gave their oath to support them as the law under which they were to live. But seven of the eight proprietors were adherents of episcopacy ; and it appears that after the colony was sent forth, they determined to introduce, among other alterations, the following clause into the constitutions : "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 dominion, is so also of Carolina ; and therefore it alone shall be allowed to receive a public mainte nance by grant of parliament." The constitutions so altered, and bearing date the 1st March, 1670, were printed, and declared to be the true and unalterable form of government. A copy was sent to the colonies at Albemarle and Ash ley River, for the acceptance of the settlers. Col. West was acting as governor on the reception of this second set of the constitutions in February, 1673, * See Appendix 118 EARLY HISTORY OF SOUTH CAROLINA. and in obedience to his instructions presented them to the parliament; but all the people had been already for three years sworn to the first set, and the parliament refused to accept them in the place of those of the 21st July, 1669.* It was a strange infatuation on the part of the pro prietors to alter their original guarantees in a way that was sure to irritate the people, especially as they were well aware that the condition of the province would not yet admit of the establishment of either set of constitutions. At the same time, with a re markable legislative activity, they sent out " tempo rary laws," and " agrarian laws," dated June 21st, 1672. " Since the paucity of nobility," they said, " will not permit the Fundamental Constitutions presently to be put in practice, it is necessary for the supply of that defect that some temporary laws should in the mean time be made for the better ordering of affairs, till by a sufficient number of inhabitants of all degrees, the government of Carolina can be adminis tered according to the form established in the Funda mental Constitutions. We the lords proprietors of Carolina upon due consideration have agreed to these following." The first, second, and third articles repeat only what has been before mentioned of the palatine and other proprietors nominating their representatives or deputies ; admitting the nobility as members of the grand council ; appointing the chief officers in the * Letter to Sothell, Appendix. EARLY HISTORY OF SOUTn CAROLINA. 119 province ; and the powers of the council, the quorum of which should be the governor and six councilors " whereof three at least shall be deputies of propri etors." 4. In case of the death or departure of a deputy, his place should be supplied by the eldest of the councilors chosen by parliament until another deputy be appointed. 5. Parliament to consist of the governor, deputies, nobility, and twenty delegates of the freeholders, to be assenafeled, and to make laws agreeably to the proviskms of the Fundamental Con stitutions. 6. All acts of such parliament to cease at the end of the first parliament convened after the constitutions should be put .in force. 7. As much of the constitutions as practicable to be the rule of proceeding. The agrarian temporary laws, which are twenty- three in number, are concerned entirely with the interests of the proprietors and nobility, and the pro portionate settlement of their landed estates. The preamble again announces the principle of the former laws in these words, " the whole foundation of the government is settled upon a right and equal dis tribution of land." One fifth of all the land is secured to the proprietors, one fifth to the nobility, and the rest to the people. Not because the people were eager to appropriate more than their share of the boundless forests at the outskirts of which they were toiling for subsistence, but that the proprietors and their constituted aristocracy might be sure of a permanent and preponderating power in the colonial administration. In the preceding narrative of the acts and policy of 120 EARLY HISTORY OF SOUTH CAROLINA. the proprietors, may be observed the seeds of oppo sition and party differences. While the lords of Carolina were legislating as for a populous empire, the people were so few that the names of all might be written upon a single page. But they knew that their liberties were secured by the charter which required their consent in the enactment of all laws and constitutions. To the plan of government de vised by the proprietors they had at first assented, if not in assembly, at least individually, and were fully bound by its provisions. They murmured not at the appointment of landgraves and caciques ; they did not oppose the grant of large estates to these nobles, nor the right of demanding an annual quit- rent ; nor did they question the introducing into practice of as much of the Fundamental Constitu tions as the circumstances of the colony admitted. But since the arrival of Sayle, vessel after vessel brought new instructions and laws, harsh complaints, and, finally, an arbitrary repudiation of the first con stitutions ; and, step by step, the affections of the people were alienated and their confidence and fidel ity destroyed. There was needed but an increase of population for forming two parties, the one, advo cates of the Church of England and of the power of the proprietors ; the. other, promoters of popular privileges and interests, and holding the charter to be a sufficient basis of government without the Fundamental Constitutions. The first accession to the number of original set tlers had come from Barbadoes and Cape Fear. Im migrants in small parties continued to arrive from EARLY HISTORY OF SOUTH CAROLINA. 121 England. James Town was peopled with the Dutch colony from Nova Belgia, or New York ; they, how ever, soon wisely abandoned their town and settled among the other inhabitants. The proprietors were not remiss in efforts to augment the population of Carolina. In 1672, liberal concessions were offered to freemen and servants from Ireland^ who would settle in the province, and particularly if they would go in sufficient numbers to make up a community, and form a town by themselves, "wherein they may have the free exercise of their religion according to their own discipline." In June, 1676, a whole colony of 12,000 acres was promised to Mr. John Berkly, Simon Perkins, Anthony Laine, and John Pettitt, upon their landing in Carolina. In 1674, a part of the proprietors formed a plan of settling a plantation at their private expense on the " Edisto or Ashipoo" River, or on " Loch Island," as they also called the place. Andrew Percival was appointed governor of it, and received the necessary instructions for his conduct in office, and Gov. West was told to give him every assistance, and to affix the seal of the province to such grants of land as he should make. The scheme did not succeed, no * doubt from the fact that the settlement on Loch Island would have been too weak an interposition between the unfriendly tribes of Westoes and Cussa-, toes and the colonists on Ashley River, who, though in a securer position, were not altogether safe from their attacks. This design was abandoned, and Per cival appointed, in June, 1675, " Register of Berk ley County, and the parts adjoining." The plan, it 11 122 EARLY HISTORY OF SOUTH CAROLINA. is probable, originated with the Earl of Shaftesbury, who soon after at his own expense engaged' Dr. Henry Woodward to enter upon the discovery of the country of the Westoes and Cussatoes. One result of this visit was a treaty of peace and friendship between these nations and the English in Carolina. A comparison also of the strength and resources of these Indians and the still feeble colonists, induced the proprietors, (as they said,) to shield the latter by restricting their intercourse with the tribes westward of Charles Town. Too much already had the safety of the settlers been hazarded by separating their dwelling places, and, as it were, inviting an assault by an exposure of their weakness. But the restraints now put upon the Indian trade were not free from selfish motives on the part of the proprietors. They knew that furs and deer skins, ob tained in traffic for trifling articles, formed the prin cipal source of wealth to the industrious traders, among whom were the chief men of the colony. If frauds and abuses occurred, a prevention of them would not surely follow the restricting of the trade to proprietary agents. In April, 1677, Albemarle, Shaftesbury, Craven, Clarendon, and Colleton, agreed to contribute each £100, to be placed in the hands of Mr. William Saxby, their secretary and treasurer, ,for carrying on the trade, allowing one fifth of the " clear profit" to Dr. Woodward, according to a pre vious contract between him and the Earl of Shaftes bury. At the same time they issued an " order and command" to the "governor, council, and other in habitants of our province of Carolina," forbidding EARLY HISTORY OF SOUTH CAROLINA. 123 any of them, under pain of prosecution and severe punishment, to trade, during seven years, with the Westoes, Cussatoes, or other Indians living beyond Port Royal ,- but leaving open to the settlers the trade for a considerable distance on the sea-coast, " and any other way not less than one hundred miles from their plantation, which is all they can pretend or expect from us," continue their lordships, " it being in jus tice and reason fit, that we should not be interrupted by them in our treaties and transactions with those nations that inhabit these distant countries, with whom, by our grant and charter from his majesty, we only have authority to treat or intermeddle." The proprietors had perhaps forgotten that in their Fun damental Constitutions they committed to the grand council the power " to make peace and war, leagues, treaties, &c, with any of the neighbor Indians," with out defining what should constitute neighborhood ; and had frequently commanded, in subsequent tem porary modes of government, that they should be careful to put in execution as much of these consti tutions as they could. The council hacRilready de clared war, made peace, and entered into treaties with the Indians; and it would not be surprising had they disregarded the ruinous policy of lodging these important functions with a set of noblemen on the other side of the Atlantic ocean, while their own fa milies lived exposed to the tomahawk and scalping knife. We shall soon perceive how much dissatisfac tion and contention were occasioned in the settlement by this trading scheme of the proprietors. The influence of the Earl of Shaftesbury in the 124 EARLY HISTORY OF SOUTH CAROLINA. • affairs of the province was never marked by more wisdom than in purchasing from the- Indians a trans fer of their lands. A measure so simple and equita ble, if adopted earlier t>r more extensively pursued, would have allayed the hostility of the irritable and warlike natives, and secured the peace and prosperity of the settlers. But it had been made illegal for any ' individual to purchase land from the Indians. The proprietors claimed to be the sole owners of every acre of Carolina by the king's grant, and they ex pected their colonies to be established by driving the Indians away from the homes and the graves of their ancestors. They were to be dealt with as savages deserved, if they resisted the claims conferred by his sacred majesty King Charles II. of England. Tbe first deed of transfer on record was made in March, 1675, by Andrew Percival, for the Earl of Shaftesbury and the rest of the lords proprietors, "for and in consideration of a valuable parcel of cloth, hatchets, beads, and other goods and manufac tures." The territory ceded was that of " Great and Lesser Casor, lying on the river Kyewaw, the river of Stono, and the fresher of the river of Edisto." Perhaps to strengthen the deed of conveyance, the signatures were taken of an odd assemblage of the Indians, there being the marks and seals of four ca ciques, the marks of eleven war-captains, and of four teen "women captains!" In 1682 and subsequently, lands were ceded by the caciques of Wimbee, Stono, Combahee, Kussah, Edisto, Ashepoo, Witcheaw, and by the queen and captains of St. Helena; who generally surrendered (to please, the English) their EARLY HISTORY OF SOUTH CAROLINA. 125 lands in a north-westward direction as far as the "Apalatchean mountains," although they had no claim to any great distance from the sea-coast. All the north-west portion of the province was possessed by the populous and powerful Cherokees. We have noticed the hostility of the Kussoes in 1671, and the successful invasion of their towns. In July, 1672, the Westoes also exhibited a warlike dis position, and were said to be lurking to the southward of Charles Town with the design of marching against it. At a meeting of the grand council it was promptly resolved to dispatch a party of thirty men against them. This force was extremely inadequate ( for such a service, as the Westoes were the most powerful tribe between Charles Town and the Sa vannah, or Isundiga River.* No battle was fought. The Westoes were no doubt unwilling to risk an en gagement while the intervening small tribes continued friendly to the English. For several years they threatened the colony ; and notwithstanding the treaty effected by the proprietors in 1672, they were still inimical and ready for strife. Atuie close of 1678 it was necessary for the council to order that none of the friendly Indians should guide them to the settlement, and that their approaching the Eng lish habitations would be at their peril. Their rest less nature brought them in conflict with other Indians ; and though Governor West . concluded a treaty with them, by which they agreed not to mo- * The Georgia Indians called this river by other names (Hawkins). See Hist. Coll, Georg. Vol. iii., p. 16. 11* 126 EARLY HISTORY OF SOUTH CAROLINA. lest the feeble tribes in the vicinity of the settlement, they violated this as they had done the former treaty, and captured and sold to the planters as many of their neighbors as they could. The grand council in June, 1680, sent Capt. William Fuller and Mr. John Smith to visit the different plantations, and bring all such captive slaves to the Ashley to be set at liberty, in accordance with the previous instructions of the proprietors, and their own honor as protectors of the friendly tribes. The Westoes at length, after a bloody war with the Sarannas, or Yamassees, who lived on the Savannah River, were vanquished and driven from their territory. "The hand of God," says Go vernor Archdale, who could not see the future, "was , eminently seen in thinning the Indians to make room for the English." Little credit is to be given to the assertion, that the colonists began about this time to instigate the tribes against each other for the purpose of traffick ing in their captives. A sufficient answer to the charge is fomid in the prevailing customs of the In dians, exhibited in a preceding chapter; in the treaties which were made; in the fact that peace throughout the province was advantageous to the planters, and in tracing the origin of hostilities in almost every instance to the intrigues of Spanish settlers to the south-west of Carolina. That especial care should be taken to do justice to the Indians, a distinct jurisdiction for that purpose was established, which all were required to obey. Commissioners, • among whom was Colonel West, were named by the proprietors in 1680, and were empowered to settle all EARLY HISTORY OF SOUTH CAROLINA. 127 differences between the English and Indians, the. making of treaties only being reserved to the grand council. On the 13th January, 1672, Capt. Godfrey, Capt. Gray, and Maurice Matthews were appointed by the council to examine the banks of the Cooper (Wando) River, and mark such places as might be suitable for towns, and all persons were forbidden to settle on such spots. The tongue of land called Oyster Point, which stretched between the Ashley and Cooper, had been taken up by John Coming and Henry Hughes. It is probable that the committee reported in favor of this situation ; for on the 21st of the following month, Mr. Hughes appeared before council and vol untarily surrendered " one half of his land near a place upon Ashley River, known by the name of the Oyster Point, to be employed in and toward enlarg ing of a town and common of pasture there intended to be erected. Mr. John Coming and Affera his wife came likewise before the grand council, and freely gave up one half of their land near the said place for the use aforesaid." This place, like others in the neighborhood, was designed, no doubt, for the settlement of newcomers. The removal of Charles Town was not yet contem plated ; for the settlers there were engaged in build ing a fort, which was finished in May, 1672; and in June an act was proposed for the uniform build ing of their town. In accordance with this act, it was regularly laid out and divided into sixty-two lots. Those who owned town lots gave them up, and a redistribution was made to the inhabitants. 128 EARLY HISTORY OF SOUTH CAROLINA. Additional works of defense were afterward erected in 1674. At the same time that the new distribu tion of lots was made in Charles Town (July, 1672), Gov. Yeamans had issued, with the consent of coun cil, his warrant to John Culpepper, surveyor-general, to mark off the contemplated town at Oyster Point, which was done on the spot now embraced between Broad and Water streets, and limited by Meeting street on the west. It was called Oyster Point Town. Seve ral streets were marked running east and west, in tersected by others from north to south ; and rules were established for building the town. The lots were slowly taken up, as emigrants preferred the more populous situation on the western bank of the Ashley. The proprietors encouraged the settling at some distance from the coast, and it was their design to build their chief town on some highland on the Ashley or Cooper, if such could be found, free from the sickliness of the coast and the sudden inroads of an enemy's ships. But the explorations of Capt. Halsted, and the search of the committees of the grand council, failed to find a more eligible situation than Oyster Point, to which the settlers at Charles Town began generally to remove in 1679. Others had fixed their abode there as early as 1672. The invasions of the Spaniards and Indians, which con tinued to be threatened, rendered the position of Charles Town on the west of the Ashley more inse cure than Oyster Point, while for purposes of com merce the latter was much more commodious, and as a place of residence more healthy. EARLY HISTORY ( F SOUTH CAROLINA. 129 Such representations were made to the lords pro prietors as caused them to write, to Gov. West and the council, on 17th December, 1679, "we are in formed that the Oyster Point is not only a more con venient place to build a town on than that formerly pitched on by the first settlers, but that people's in clinations 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." And it was ordered at the same time that the public offices should be removed thither, and the grand council summoned to meet there. In the spring* of 1680 the removal was made, and during the same year thirty houses were erected. It was called for a while by some persons New Charles Town, fo distinguish it from the old town, which now began to be abandoned ; but from 1682 it was known for a period of one hundred years simply as "Charles Town." " The town is regularly laid out," says a writer at this time, " into large and capacious streets, which to buildings is a great ornament and beauty. In it they have reserved convenient places for building of a church, town-house and other public structures, an artillery ground for the exercise of their militia, * I say in the spring, because at a council-meeting at " Charles Town," June 1, 1680, it was ordered that all the Indians purchased as slaves from the Westoes and their confederates, should be brought be fore the council " at Kiawah, sometimes called Charles Town," and be there set at liberty. The Kiawah being the name of the Ashley, I un derstand the place here spoken of to be old Charles Town — and that consequently the meeting of June 1st was held at " Charles Town" on Oyster Point. The number of houses built during the year is also an evidence of the early removal. I 130 EARLY HISTORY OF SOUTH CAROLINA. and wharves for the convenience of their trade and shipping." The situation reserved for a church was that now occupied by St. Michael's. The building first erected there (St. Philip's) was of cypress on a brick founda tion, and was generally called the English church. It was probably begun about 1682, during the ad ministration of Gov. West, who was distinguished for piety as well as justice, valor, and moderation. As early as 1671, he had endeavored to restrain the licen tiousness naturally arising among a new, people, com posed in great part of adventurers, and living without the influence of the public ordinances of religion. In the last parliament convened in his long term of office (May, 1682), acts were passed for the observance of the Lord's day, and for the suppression of idleness, drunkenness and profanity. Besides these efforts for promoting the morality of the people, the close of his administration was marked by the wisdom of laws for settling the militia of the province, and for mak ing high roads from the new town at Oyster Point through the forests that stretched into the interior. Some of the political measures which now engaged the public attention, had arisen within the colony and from the peculiar circumstances of the times. Others had originated with the proprietors in Eng land, who from remoteness, insufficient acquaintance with the necessities of the colonists, and the de fective organization of themselves as a governing power — often opposed the wishes and interests of the people, and stubbornly insisted on the carrying out of their own unwise instructions. We shall see that EARLY HISTORY OF SOUTH CAROLINA. 131 their arbitrary control was checked through the democratic branch of parliament, and by the failure of their scheme of governing by deputies and a pro vincial nobility. But at this period the ability and well-deserved popularity of the governor himself formed an obstacle to any encroachment through him and his council upon the rights and advance ment of the people. And yet no one else seemed so able to harmonize the discordant elements gathered around him. The dissenters, or advocates of the popular interests (for religious differences did not yet peculiarly distinguish the parties), had been gradually losing ground, as every arrival from England aug mented the, number of cavaliers, high churchmen, or adherents of the proprietary party.* The adoption of the Fundamental Constitutions was again to be pressed upon the parliament, and the election of representatives altered by the establishment of coun ties and the separation of the polls. Governor West had long held the most influential position in the colony, and his removal may have been simply to reward the adherence of Landgrave Joseph Morton, through* whose encouragement, in connection with Landgrave Axtell, more than five hundred persons had arrived in Carolina in less than one month.* But the cause generally assigned for the removal of Governor West, is the displeasure of the proprietors at the selling of Indian slaves pur chased by the planters from neighboring tribes.f No * Archd. pp. 100 and 112, MSS. t See Letter to Percival— Appendix. J Oldmixon, p. 407. 132 EARLY HISTORY OF SOUTH CAROLINA. objection was made to keeping them as slaves in the province. It was not slavery in any shape that was displeasing to the proprietors. Their own Funda mental Constitutions embraced a provision for the introduction of slavery, with unlimited power in the matter, before the first settlement of South Carolina. It was their favorite, Sir John Yeamans, who first brought hither African slaves, and English vessels long continued to offer them for sale to the American colonies. No cargo of them was sold in Carolina the money for which did not fill the pockets of the British or New England adventurers. It was the proprietors themselves who at first " gave the privi lege" (to use their own language) of selling Indian captives from Carolina to the West India Islands, as the cheapest means of " encouraging the soldiers" of their infant colony. But it was also their early policy to bring the Indian nations within their jurisdiction; and especially after taking the trade into their own hands, their interests being more blended with the peace and friendship of the natives, they undertook to protect them to a certain extent, and in 1683 sent out instructions which forbade their transportation without a license from the parliament. If this be not the true exposition of their motives, it will be -much more difficult to reconcile their policy with any principle of benevolence while they continued to en courage the indiscriminate expatriation of men, women, and children from the coast of Africa, and disseminated the promise that "every freeman of Carolina shall have absolute power and authority over his negro slaves." If Governor West had endeavored EARLY HISTORY OF SOUTH CAROLINA. 133 under these circumstances to oppose the sending away from the feeble colony troublesome and dan gerous slaves, there were so many of the principal citizens and deputies engaged in the practice and irritated by the attempted monopoly of the Indian trade, that his opposition would have been as ill- timed as were the inconsistent efforts of the proprie tors after his removal from office. 12 134 EARLY HISTORY OF SOUTH CAROLINA. CHAPTER VI. \ Establishment of Counties and separation of Polls — Opposition to the ' Plans of the Proprietors — A Governor from abroad appointed — Sir J Richard Kyrie dies — Quarry acts as Governor — Abuses his Position * — Joseph West again Governor — Political state of the Colony — Ob- \ stinacy of Proprietors — West's services to the Colony — Morton/ again Governor — Fundamental Constitutions ordered to be subscribe}' by members of Assembly — Refusal and ejectment of majority of jfi Members — Lord Cardross and his settlement at Port Royal — Expe dition against St. Augustine — Stopped by arrival of Colleton as Go vernor — Disappointment of the people — Pirates — The extent of in dulgence shown them by the Colonists — Opposition to the Naviga tion Acts — Proprietors in danger of losing their Charter — Disposition of the people for a Royal Government — Increased opposition to the Proprietors — Governor Colleton — Disagreements with the people — Proclaims martial law — Arrival of Seth Sothell — Favored by the people — His action against Colleton and his party — Proprietors re call Sothell — Colonel Philip Ludwell appointed Governor — Griev ances of the people unredressed — Private Instructions to Ludwell — Opposition of Assembly to plans of Proprietors — Dispute on Indem nity Act — Committees on grievances and framing a plan of Govern ment — Proprietors become conciliatory — Their concessions — Funda mental Constitutions laid aside — Condition of the colonists unaltered. At the close of Governor West's administration the colony was in a very flourishing condition. Emi grants of worth and ability were constantly arriving, on whom grants of land were lavishly bestowed. One of the first measures required of Governor Morton was the division of the inhabited portion of the pro vince into three counties :* Berkley, embracing Charles Town, extended from Sewee on the north to Stono Creek on the south ; beyond this to the northward was Craven county, and to the southward Colleton * Order of Proprietors, May 10, 1682. EARLY HISTORY OF SOUTH CAROLINA. 135 county, all extending within the land to a distance of thirty-five miles from the sea-coast.* A county court was also directed to be established at Charles Tovan, for all the inhabitants. Craven county was sparsely settled, and claims little attention until the Huguenots occupied the banks of the Santee ; so that politically there were but two counties at this period. The proprietors desired that Berkley and Colleton should be equally represented by the election from each of ten members of the biennial parliament,-]- and that the election1 should be on the same day, respectively at Charles Town and at London (now Wiltown) in Colleton. The qualifications of a mem ber required that he should possess a freehold of five hundred acres in his county. The inconvenience which the people had experienced in attending the same poll is strikingly illustrated by the practice al luded to in a letter of the proprietors in 1683. " We are informed," they said, " that there are many un due practices in the choice of members of parliament, and that men are admitted to bring papers for others and put in their votes for them, which is utterly ille gal and contrary to the custom of parliaments, and will in time, if suffered, be very mischievous. You are therefore to take care that such practices be not suffered for the future ; but every man must deliver his own vote, and no man suffered to bring the vote of another ; and if the sheriffs of the counties shall presume to disobey herein, you are to commissionate other sheriffs in their room."! The establishment of * 1682, and Instructions to Ludwell, 1691. t MSS. 18th Nov. 1683. t See Appendix. 136 EARLY HISTORY OF SOUTH CAROLINA. counties and separate polls was so advantageous to the people, that we might regard them as intractable and factious in resisting the orders of the proprietors, unless we consider that an equal number of members was indiscreetly given to each county without regard to any principle of representation. There were at the highest estimate about two thousand inhabitants in the colony,* a majority of whom belonged to Berk ley county, which alone had a sufficient population to entitle it to a county court. The twenty members of the lower branch of parliament had been always chosen at Charles Town; and consequently in the election for September, 1683, the orders of the pro prietors were disregarded, and the members chosen as usual.f The parliament so chosen was ordered to be immediately dissolved. But if these instructions arrived in time, they were equally disregarded, and their lordships were left to complain and reiterate their commands.^ Among the numerous acts passed by this parlia ment, was one for protecting the colonists against prosecution for debts contracted out of the colony. This the proprietors viewed with abhorrence, as stop ping the course of justice, as against the king's honor, and repugnant to the laws of England. Astonished that their deputies should assent to such a law, they ordered "that all officers should be displaced who had promoted it," although they had themselves sanc- * In 1682, " T. A.," clerk of the Richmond, (which' arrived in Caro lina in 1680,) says, the population amounted to 1000 or 1200, and was more than doubled by the arrival of emigrants during the two following years. t MS., 1683, Poll. Ann., 317. J MS. Notes. EARLY HISTORY OF SOUTH CAROLINA. 137 tioned a similar law in 1670, when they were anxious to encourage immigration. The governor and coun cil were further blamed for slighting their instruc tions concerning the election. A dissolution of the parliament, they repeated, should be proclaimed ; and no other elected unless in compliance with their orders. Charles Town, they said, was unhealthy; and it was unjust that the inhabitants of Colleton should have no representatives, or by a combination be compelled to attend the polls at Charles Town. We have power, by our charter, to call assemblies of the freeholders ; our Fundamental Constitutions ap point how this should be done ; and our orders are in place of the constitutions until they can be put in practice. We have given the power of magistracy into the hands of our governor and council " for the good of the people, who should not be turned into prey, as we doubt hath been too much practiced." But this haughty strain did not quell the spirit of opposition ; and their lordships further showed how little they understood those under their magistracy, when, vexed at their failure, they wrote to Gov. Mor ton, in the following March, "Are you to govern the people, or the people you ?" Unfortunately for the plans of the proprietors, their governors . and deputies were for the most part neces sarily selected from the colonists themselves, and their dispositions and principles they could not be sure were in accordance with their own. Did they instruct Morton to remove all officers who sold or encouraged the selling of Indian slaves? The * In Albemarle, Pol. Ann. 292. 12* 138 EARLY HISTORY OF SOUTn CAROLINA. governor himself was not free from blame. Their ¦ own deputies fell under the blow, as well as the com moners of the grand council ; and these the people thought fit to elect again. Did they inveigh against any indulgence to the English pirates who visited the coast ? The people were not disposed 'to hang them while their monarch encouraged with unusual honors the chief captain of the band. Did the proprietors demand their quit-rents in money ? The people said there was no mint in Carolina, and coin was scarce. Did they refer to the powers granted by the charter ? The people were willing to be governed by the charter, which made their concurrence necessary for the adop tion of a plan of government. Thinking that a governor from abroad would be more devoted to their interests,* Sir Richard Kyrle, of Ireland, was appointed to succeed Morton in April, 1684. The proprietors expressed to him their hope, from his abilities and activity, that the affairs of Caro lina would be in a better condition than before ; they pointed out the evils they wished him to remedy; cautioned him against the Spaniards, who had never been good neighbors, and advised him to put the province in a state of defense.f In the summer after his arrival the governor died, and the council again turned to Joseph West, who wrote to the proprietors in October that he had been chosen in place of Kyrle, and received in answer their congratulations upon his election and another commission from themselves. It appears that when Kyrle died, West was not in the pro- * Archd. Preface. Proprietors to Kyrle, April 29, 1684 t MSS. Appendix. EARLY HISTORY OF SOUTH CAROLINA. 139 vince, as he had often before had occasion to be ab sent. Col. Robert Quarry acted as governor for a few months.* He never received a commission from the proprietors, and his brief service was marked by such indiscretion in favoring the pirates, as caused his being subsequently deprived of the office of secre tary of the province. When West succeeded in September, 1684, two years had elapsed since he had resigned the office to Morton. The difficulties of political affairs had greatly increased. The choice of members of par liament, as directed by the proprietors, was still warmly opposed by the inhabitants of Berkley county, whose able leaders, Maurice Matthews, James Moore, and Arthur Middleton was displaced from council for sending away Indian slaves. But if in any measure the proprietors had clear justice on their side, it was in disposing of their lands in the province as it suited themselves, provided they did not disturb the rights already granted. In the first Fundamental Constitutions and agrarian laws they had declared that lands should be held for the rent of a penny an acre, "or the value thereof," which was a principal inducement for many persons to emigrate to Carolina. But now it was declared, that lands should be held only by indentures in which the words " or the value thereof" were stricken out, and a re servation added of re-erttry on failure of paying the quit-rent. This unfortunately operated to the injury of many who had settled at an early period, and who * Lett, of Cardrosse, July 17, 1684. Proprietors to Sothell, May 13, 1691 — Appendix. 140 EARLY HISTORY OF SOUTH CAROLINA. from poverty or other circumstances had not taken out an official conveyance of the lands to which they were entitled. To the opposition excited against this measure, and the reasonable request that, as money was scarce, the rents might be paid in merchantable produce of the land, the lords proprietors only re plied : " We insist to sell our lands our own way."* Above all, on the 12th of March, they wrote to Gov. West certain instructions, containing thirty-eight ar ticles, which repealed all former instructions and temporary laws, and ordered the third Fundamental Constitutions (of January, 1682) to be subscribed and put in practice. The .members of the grand council, who represented the people, filed a protest against these instructions, which sought with so de cisive a step to change the government of the coldny. Had there been room for compromise, and West had been permitted to settle the disputes by his own moderation and wisdom, he would not have been found disheartened and preparing to leave the pro vince. The last act to which he affixed his signature, was designed to improve the health of the city he had founded, and to provide for the security of its citizens during their nightly repose.f Joseph West began his services to the colony in London on the 1st of August, 1669.J He con tinued them as commander of the fleet that bore the emigrants and Gov. Sayle in safety to Carolina, on the 17th March, 1670. As keeper of the public stores he distributed food and clothing to the needy during * MSS. Appendix. 1 1 Stat. 2. J MSS. Appendix. EARLY HISTORY OF SOUTH CAROLINA. 141 the first years of the. settlement. As the commercial and agricultural agent of the proprietors, he was rewarded by their relinquishing to him the property he held in charge. As register of the colony, as tem porary governor by the people's choice on several occasions, and finally as landgrave and three times governor by commission, he won the strong attach ment of the colonists and the confidence and respect of the proprietors. In a government carefully planned to be an aristocracy, and under the fostering direction of distinguished nobility in England, he, a plebeian, faithful, wise, and modest, became, for fifteen years, the guiding spirit of all that was good and successful.* On the retirement of West, the council chose Mor ton governor, and the proprietors sent him a com mission in September, 1685. The parliament con vened in November consisted of eight deputies of thelords proprietors and twenty commoners, of whom one was absent. Gov. Morton, in obedience to the instructions previously sent, called on all the mem bers to subscribe the Fundamental Constitutions of 1682. Twelve of the nineteen representatives re fused to do so, because they had already subscribed those of July, 1669. Whereupon the governor ordered them to quit the house ; it availed nothing that they protested against the tyranny of their * I have not been able to discover anything relating to the life of Col. West, after his retirement from office. His leaving the province is stated on authority of a briefnotice in some MS. notes from papers in ¦ London. His plantation on Ashley River is mentioned in Oldmixon 452 ; 2d Carr. Coll. If he returned to live in Carolina, his name is found no longer in connection with public affairs. 142 EARLY HISTORY OF SOUTH CAROLINA. ejectment ; and the remaining seven, together with the eight deputies, enacted all the laws passed at that session of parliament. In the summer of 1682, the lords proprietors had entered into an agreement with Lord Cardross, and other Scotch gentlemen, (who proposed to send ten thousand emigrants,) to grant them a large tract of land in Carolina.* For their sakes an alteration was Ynade in the Fundamental Constitutions, because they thought it would not sufficiently secure them against oppression. The chosen place of settlement was again the favorite but unlucky situation of Port Royal. Like the French Protestants, they were led hither by the desire to escape tyranny and religious intolerance at home. Here Lord Cardross arrived in 1683. and founded Stuart's Town. He was accom panied by about ten families, among whose names were those of Hamilton, Montgomerie, and Dunlop. The settlers at Ashley River received the Scotch with but little favor at their arrival, on account of their connection with the Fundamental Constitutions, against the adoption of which" a large portion of the people were then strongly opposed. Jealousies also soon arose with regard to the political powers of the new settlement. Cardross claimed, from his agree ment with the proprietors, co-ordinate authority with the governor and grand council at Charles Town, which occasioned the most arbitrary proceedings against him. Overcome by the heat of midsummer and prostrate with sickness,* he was summoned to •appear before the grand council for usurpation of- * MS. Letter to Percival, Oct. 18, 1690— Appendix. EARLY HISTORY OF SOUTH CAROLINA. 143 power in the province. Other difficulties equally dis heartening disturbed the little colony at Port Royal, and brought most vividly to their recollection the fate of Ribault and his followers. Wina and Antonio, two noted Indians, were busy in fomenting hostilities among the tribes in the vicinity, and against the set tlers of Stuart's Town. The Spaniards at St. Au gustine, for whom some of these Indians were spies, were preparing to dispute the possession of the land. Five pieces of cannon, lying unmounted at old Charles Town, the proprietors ordered to be given to Lord Cardross for the defense of Port Royal. It appears, however, that being disappointed in his plan of settling in Carolina, and disgusted with his arrest and ill usage by the colonists at Charles Town, he returned to Scotland, and took an active part in the political revolution which was then at hand. Shortly after, the Spaniards, in 1686, while peace still subsisted between England and Spain, came suddenly with three galleys, and landed at Edisto. Their force included negroes and Indians. They broke open the houses of Gov. Morton, and Mr. Grimball, secretary of the province, who were at Charles Town, and pillaged them to the value of three thousand pounds sterling, carrying off the money, plate, and thirteen slaves of the governor, and murdering his brother-in-law. They than attacked the Scotch settlers at Port Royal, who had but twenty-five men in health to oppose the invaders. The Spaniards killed some and whipped others, whom they took captive, in a barbarous manner, and plundered and utterly destroyed the settlement. 144 EARLY HISTORY OF SOUTH CAROLINA. The few who remained from this unfortunate band found refuge in Charles Town. Their brief history is such as might have been foreseen from the inju dicious policy of the proprietors in their agreement with the Scotch noblemen. As a distinct colony it was too weak to occupy a disputed territory; and for separate political interests it was too near the colo nists at Ashley River, who were just struggling, after many hardships, and still against much opposition, into a consistent form of government, with its requi site legislative and judicial branches. Party strife was forgotten in the excitement occa sioned by this incursion of the Spaniards. Gov. Morton summoned the parliament in Oct. 1686, and an act was passed for raising a force for the immediate invasion of the Spanish territory. An assessment of £500 was made,* and all the powers of the grand council vested for the time in the governor, and any four of the councilors. Two A^essels were fitted out and four hundred men well armed were ready to sail for the conquest of St. Augustine.-}- This armament was suddenly stopped by the arrival from Barbadoes of James Colleton, brother of the proprietor, and who had in August been created a landgrave and governor of Carolina.J He threatened to hang the colonists if they persisted in their project, and they reluctantly returned on shore. While all were burning with indignation at so unexpected and unworthy a termi nation of their efforts, the lords proprietors wrote to Colleton, " We are glad that you have stopped the * 2 Stat. 15. t Letter to Randolph, Appendix. X Letter to Sothell. Commission dated Aug. 1686. EARLY HISTORY OF SOUTH CAROLINA. 145 expedition against St. Augustine. If it had pro ceeded, Mr. Morton, Col. Godfrey and others might have answered it with their lives."* The colonists believed that the charter justified the course they had taken. The proprietors more truly maintained that it allowed " only a pursuit in heat of victory, but not a deliberate making war on the King of Spain's subjects, within his own territories ; nor do we claim any such power. No man, however, can think that the dependencies of England can have power to make war upon the king's allies, without his knowledge or consent."-]- They did not reflect that they were themselves to blame for the attack on the Scotch settlement, but remonstrated that the colonists must have foreseen that retaliation would have been made for the encouragement given to the pirates who plundered the Spaniards. They ordered " a civil letter" to be addressed to the governor of St. Augustine, inquiring by what authority he acted. This course failed to obtain redress. How bitterly the colonists regarded their discomfiture may be judged from their subsequent complaint of Colleton that he " did, contrary to the honor of the English nation, pass by all the bloody insolencies the Span iards had committed against this colony," and entered into a contract of trade with them, " for the hopes of a little filthy lucre," burying in silence their atroci ties upon " Englishmen who wanted not courage to do themselves honorable satisfaction/'J At the period of the settlement of Carolina, the . * Proprietors to Colleton, Oct. 1687. t Pol. Ann. p. 320. X Letter to Sothell, Appendix 13 K 146 EARLY HISTORY OF SOUTH CAROLINA. hostility of the French and English against the Spaniards had engendered a degree of private animo sity that might well be compared to the inimical dis position then existing between Catholics and Protest ants. Among the buccaneers of Tortuga were men accustomed to the perils of war, who, scorning the epithet of pirate, turned from the capture of Spanish galleons to the sack and pillage of fortified cities. The booty of a single marauding expedition was esti mated at millions of dollars. The greater the magni tude of a crime, or the more it is characterized by boldness and power, the less do men seem to despise and condemn it. The last eminent leader of the buccaneers, was Henry Morgan, a Welshman, whose piratical fleet included several vessels from New Eng land. For his daring exploits in the Spanish domin ions in America, he received the honors of knight hood from Charles II. of England, and was appointed governor of Jamaica. In 1684, during the war between France and Spain, privateers were fitted out in Carolina without hin drance. The pirates who at the same time frequented the coast, spent their money with a lavish hand ; and were not unwelcomed in the province, at least by those who were benefited by supplying their necessi ties, and who, like their king, looked with leniency upon bold misdeeds directed against the commerce and towns of the Spaniards, who in the colony were especially regarded as enemies. Col. Quarry, who acted as governor on the death of Sir Richard Kyrle, was accused of admitting pirates to Charles Town, and of receiving money from them. A few years EARLY HISTORY OF SOUTH CAROLINA. 147 later, Gov. Morton permitted two pirates to bring into the harbor their Spanish prizes, and allowed Morgan to come into town by consent of the grand council. Charles IL, however, being anxious to preserve a neutrality with the belligerent powers, caused an order to be sent to Carolina forbidding the fitting out of privateers ; and in the following year, as soon as James II. ascended the throne, he directed an act to be passed in the province for the suppres sion and punishing of pirates.* Yet it was not an easy task to check the evil suddenly by an enact ment. In 1687 Sir Robert Holmes was dispatched by the king to the West Indies, with a commission for destroying the pirates; and the governor and council at Charles Town were strictly enjoined to afford every assistance to hi's fleet. The former act was revived in the province,f and the disgraceful favor for a while shown to the pirates now effectually ceased ; and arrest and execution awaited them throughout the borders of Carolina. The colonists were now convinced that, under the charter, they were restricted, in case of invasion, to self-defense, notwithstanding their far spreading and unprotected frontier. They were, however, again at fault in interpreting their charter privileges as ex empting them from the restraints imposed on com merce by the famous navigation acts of the British parliament. No merchandise could be imported into the colonies, under penalty of forfeiture, except in * 2 Stat. p. 7. t 2 Stat. 25 ; Pol. Ann. 319. 148 EARLY HISTORY OF SOUTH CAROLINA. English vessels navigated by Englishmen * A simi lar penalty attached to the exporting of the princi pal articles of colonial produce to any other country than those under the English crown ; and even the transportation of the enumerated commodities, sugar, tobacco, cotton, indigo, &c, could not be made from the southern to the northern colonies without the payment of heavy duties. To the mother country, or more properly to her merchants, was reserved the monopoly of all profits from the increasing commerce of America. In 1685, George Muschamp arrived at Charles Town as the first collector of the revenue ; and the governor and council were instructed "not to fail to show their forwardness in assisting in the collection of the duty on tobacco transported to other colonies; in seizing ships that presumed to trade con trary to the acts of navigation."-)- The colonists, nevertheless, persisted in trading as they pleased; believing that their charter, having been granted subsequently to the passing of the navigation act, was of superior force. In this view they received no support from the proprietors, who, on the contrary, exerted themselves to suppress what they termed an "illicit traffic." Mr. Muschamp seized a vessel for violation of the laws, because manned by sailors three fourths of whom were Scotchmen. Irritated by the adverse decision of the court at Charles Town, and by the pretensions of the people,! ne sent such com plaints to the commissioners of the customs at home, that the matter was referred to the attorney-general; * See Banc. U. S., 2, p. 42 et seq. f Pol. Ann. 322. X Appendix. EARLY HISTORY OF SOUTH CAROLINA. 149 and writs of two warrants issued against the Caro lina charters. It had become the policy of James to revoke all proprietary grants, and bring the colonies possessing them more immediately under the royal 'government. An opposition similarly excited in the New Eng land colonies against collectors of the customs, gave occasion for suppressing their charters, and placing them under a single governor, Sir Edmund Andros. The high position of the lords proprietors would not, perhaps, have been then sufficient to protect their interests, had they not wisely offered to treat for a surrender of their privileges, and by gaining time, "eluded the force of a blast that had laid the char ters and governments of New England in ruins."* The course of events in England was rapidly tend ing to the great revolution of 1688, which drove James II. from the throne, and permanently secured the most cherished rights of the people. At the same time, the tyranny of Andros was producing throughout New England a powerful popular reac tion in favor of their charter government. The Eng lish revolution was essentially a Protestant triumph ¦; and the proprietary charter of Maryland having been granted to Catholics, was soon revoked without the necessary judicial forms, and a royal government in stituted by King William. Pennsylvania and Dela ware, Virginia, New York and New Jersey, as well as New England, were now governed under the king's commission. Yet the proprietors of Carolina con tinued an uninterrupted control over their vast pro- * MSS. Appendix ; Pol. Ann. 323. 13* 150 EARLY HISTORY OF SOUTH CAROLINA. vince, because enjoying "the hereditary right of com plaining in person of their wrongs, they could in terest a powerful body in their favor."* Though the storm had spent its violence at a dis tance from the settlement here, still its influence was distinctly felt in the political agitations which in creased from day to day. The proprietary govern ment with all its temporary laws and Fundamental Constitutions, and its charter too, began to be weighed in the balance with the higher government on which the proprietors themselves depended — which could demand the money of the people as well as their obe dience, and had* fleets and armiet to repel every foe. Henceforth the policy of the opposition party tended to a bolder and more definite development, and seemed to aim, as opportunity offered, at a govern ment by the charter, and greater freedom in conduct ing the affairs of the province according to local circumstances ; or else a change from the incomplete powers of the proprietors to a closer dependence on the crown. Recurring to the period of Morton's administration, we find the commoners excluded from parliament returning to their homes, and spreading disaffection everywhere. The dissenters, who had left England in considerable numbers during the recent struggles of episcopacy and papacy had, at first, in changing from a worse to a better condition, naturally supported the submissive party in the colony. In particular, Joseph Blake, whose daughter Governor Morton had * Revolt Am. Col. p. 264. EARLY HISTORY OF SOUTH CAROLINA. 151 married, added his influence in checking and allaying the "extravagant spirit" of the discontented.* But the more extravagant spirit of the instructions sent to Carolina threw the majority of the people, how ever different their principles were on some matters, into the ranks of the opposition party. The proprietors had hitherto been greatly disap pointed in the conduct of their chief officers, who had generally opposed their views, or exerted them selves too feebly to promote them. But in Landgrave Colleton they reposed entire confidence, "expecting much from his talents, but more from his attach ments."-)- He builtthimself a fine mansion at old Charles Town, received from the parliament an ampler support than had been enjoyed by former governors, was entitled by his nobility to 48,000 acres of land, and being secure of the goodwill of the proprietors through the influence of his brother, he no doubt looked forward to prosperity and happiness in the new home to which he brought his family.! The proprietors indeed had never been more faith fully represented. But the period had arrived to prove whether rigor or concession should be their true policy. They had refused to ratify the acts of the last parliament for the invasion of St. Augustine, yet they were anxious that the colonists should be prepared to defend themselves. Measures were adopted [Jan. 1687] for raising a store of powder by levying a duty of half a pound of it for every ton according to the registered tonnage of all vessels * Archdale and Oldmixon. t Pol. Ann. 323, X Oldmixon and Hewit. 152 EARLY HISTORY OF SOUTH CAROLINA. arriving in the province. Galleys were built, and beacons set up from the Edisto and Westoe Rivers round to Charles Town. The navigation acts were better enforced, and a check put, as previously men tioned, upon privateering and the visits to the coast of piratical crews. There are no statutes on record of any parliament from July, 1687, to December, 1690. In this inter val fierce contests distracted several parliaments that were held. It appears that in 1687 a committee, in cluding the governor, were appointed to examine the Fundamental Constitutions, Avith the hope that such alterations might be made as to lender them accepta ble both to the proprietors and people. * " The work grew voluminous suddenly," and was afterward abandoned amidst angry dissensions, the people with impracticable pertinacity still recurring to the set sent out with Governor Sayle. At length Colleton, "in some passion," produced in parliament (14th February, 1688) a letter from the proprietors (dated March 3d, 1687),f in which they "utterly denied the Fundamental Constitutions of July, 1669, de claring them to be but a copy of an imperfect origi nal." Since the delegates of the people had never assented to any set, as required by the charters, they " unanimously declared that the government is now to be directed and managed wholly and solely accord ing to the said charters." The delegates took another step forward, and "denied that any bill must neces sarily pass the grand council before it be read in par- * Letter to Sothell — Appendix. f See Appendix. EARLY HISTORY OF SOUTH CAROLINA. 153 liament; and did proffer, for the maintenance of peace and justice, to assent to and approve of any law for that end, to be made according to the directions and commands in the said royal charters." During two sessions of parliament all legislative proceedings were defeated, even including the militia act which was necessary for the safety of the colony ; for Governor Colleton and the deputies insisted on proceeding ac cording to the Fundamental Constitutions, by having all bills first pass the grand council. Finally, in December, 1689, the proprietors instructed Colleton to call no more parliaments in Carolina without orders from them, " unless some very extraordinary occasion should require it."* As the acts were usually made for twenty-three months only, the consequence of these instructions was, that in 1690 not one statute law was in force in the colony! It has been asserted, with somewhat of reproach, that the unruly representatives of the people had been purposely chosen to oppose the plans of the proprietors on account of the ejection from parliament of those who refused to sign the third set of the con stitutions in December, 1685.f The people had surely a right so to do ; nor could they, on the other hand, justly blame the governor for his stanch ad herence to duty in obeying his instructions. But he requested from the proprietors as colleagues deputies who would faithfully aid him in carrying out their plans; and at the same time excluded from the grand council, on frivolous charges, some of the commoners, * Proprietors to Sothell, May 12, 1691 (¦ Oldmixon; Pol. Ann. ; Archdale. 154 EARLY HISTORY OF SOUTH CAROLINA. which threw all the powers of this important branch of the government into the hands of the proprietary party. While he forbade all inland trade with the Indians, he endeavored in his avarice to monopolize its profits for himself. He imprisoned a clergyman and fined him £100 for preaching what he considered a seditious sermon. He attempted, moreover, rigor ously to exact payment of quit-rents in money, which the people felt it oppressive to pay even in produce, since they paid for every acre of their lands, while but a small portion was under cultivation. The penalty of re-entry to those who held lands by in denture added to their dissa^sfaction the fear of losing their grants. The governor perplexed by the difficulties surround ing him, and left, in a measure, alone by the proprie tors, was willing to adopt any means to preserve his power in the colony. A number of persons under various pretenses were induced to sign a petition for the establishment of martial law, although no enemy from any quarter threatened an attack, nor were the colonists in any degree rebellious or tumultuous. Accordingly, without consulting the commoners of the grand council, by authority of the palatine's court, in other words by the will of the governor and deputies, a proclamation of martial law was made by Colleton (18th March, 1690) at the head of the militia com panies, who were not aware of his designs. The commoners immediately prepared a protest against this unnecessary usurpation of dictatorial power ; but their protest was not permitted to be received either by the deputies in council or by the secretary of the EARLY HISTORY OF SOUTH CAROLINA. 155 • province. Even signers of the petition, declaring that they had been deceived, now joined in the general Outcry against such an "illegal, tyrannical, and op pressive way of government." Colleton evidently shrank from the full exercise of the power he had assumed ; the court of common law was allowed to hold its sessions, and martial discipline was not rigor ously enforced. He exonerated himself on the ground that the delegates had refused to pass the militia act — that he feared an invasion of the Spaniards. The latter excuse was known to be unfounded; to the former, thirteen of the delegates replied under oath that they had proposed to pass such an act. Indeed, as the people themselves constituted the only military force in the colony, the governor discovered that in proclaiming martial law he had " reckoned without his host," whose discontent and desperation were verging upon tumult and violence, when fortunately Seth Sothell arrived in Charles Town ; who being a proprietor by the purchase of Clarendon's share, had the right to supersede Colleton, according to the Fun damental Constitutions. He was received with marked insult by the governor's party, but welcomed by the people as the advocate and protector of their interests. Berrisford, Harris, Muschamp, Percival, and Izard addressed him in their behalf; and about five hun dred " of the best people" petitioned him to issue writs for a parliament. He appointed deputies to suit himself in violation of the commissions of the other proprietors, and apparently yielding to the popular impulse (which he had himself encouraged), he summoned a new parliament, who banished Colle- 156 EARLY HISTORY OF SOUTH CAROLINA. ton from the province, and disqualified Lieut.-col. Bull, Major Colleton, and Paul Grimball for holding any civil or military office, because they had acted with the governor ; and Thomas Smith, because he had written the petition for the establishment of martial law.* Although the proprietors had re cently been busy in excluding James II. from the throne, they could not brook the imitation of their example, and annulled all the proceedings of Sothell's parliament, which they considered to have been illegally convened. They, however, ordered inquiries to be made concerning their late governor's imprudent conduct. They had reason indeed to apply them selves now more attentively to the affairs of their province — for the opposition party had already taken another step forward, declaring : " As to instructions, we own the lords proprietors have the power of send ing such as they please; but cannot believe that their lordships did ever intend, prima facie, and with out the assent and approbation of the people, they are to be received and put in practice as statute laws, except in such matters as wholly belong to their lordships' order and direction according to the royal charter." Sothell had been sent in 1680 to regulate the dis tracted affairs of North Carolina. He was captured on the voyage by Algerine pirates, and three years elapsed before he reached America. His principal aim being to enrich himself, his administration at Albemarle was so marked by selfishness and rapacity * 2 Stat. 44 and 49. EARLY HISTORY OF SOUTH CAROLINA. 157 that he was finally deposed and banished for twelve months. He sought refuge in South Carolina, where his actions seemed to the proprietors but an aggrava tion of the numerous charges made against him by those he formerly governed.* Yet the wisdom and liberality of the laws he enacted, the legislative activity displayed in restoring stability to the colony, and his judicious accordance in promoting the just wishes of the people, throw a shadow of doubt on the malignant character that has been ascribed to him as a public officer. The adherents of Colleton had demanded that Sothell should sign the Fundamental Constitutions as a newcomer, notwithstanding that as a proprietor he was already bound by them. They demanded also that he should, before assuming office, declare his approval of the instructions as a rule of govern- . ment. Placards were posted in public places, charg ing him with treason, and calling upon the people to withhold their obedience to his authority. The pro prietors lent a ready ear to the leaders of their party, and recalled him under threat of an order from the king, to answer to the accusations against him. They repudiated his parliament, removed his officers, re instated those whom he had displaced, and appointed some of his most active enemies, James Colleton, Thomas Smith, and Stephen Ball, with Ralph Izard and John Farr, on ^committee to report the facts con nected with his imprisonment of Mr. Grimball, the secretary, for refusing to deliver up the seals used in * See Appendix. 14 153 EARLY HISTORY OF SOUTH CAROLINA. granting lands and records of his office. It was of little avail that Sothell wrote that he was willing to submit to their instructions, because this statement contradicted the representations of the deputies. But as it was designed to send two commissioners from the province to treat with the proprietors on all mat ters of difference, they instructed their deputies to agree, for this purpose, to what they considered a legal summoning of a parliament. " No proprietor single," they wrote to Sothell, " by virtue of our patents, hath any right to the government or to exercising any jurisdiction there, unless empowered by the rest; nor hath any seven of the proprietors power to bind any one in his privilege or property unless by agree ment among ourselves, which agreement is contained in our Fundamental Constitutions." If any proprie tor takes upon himself the government irrespective of the rest, " it is by the laws of England high. treason," and to appoint judges and other magistrates is a " very high misdemeanor," as it is also in the person who accepts and executes an office so con ferred. To remove and substitute deputies " tends toward a rebellion to the crown, arbitrary power in himself, and the outing of the rest of the proprietors of their rights." Yet, should they proceed to extremities against him for his conduct at Albemarle, would it not sanction the insurrection of the. people, those who had deposed and banished him — a proprietor ? Should they annul all that he had done in South Carolina, would it not justify an insurrection there ? for a majority of the people supported his policy, and it EARLY HISTORY OF SOUTH CAROLINA. 159 was evident that his administration was better than Colleton's had been. The unworthy means he had taken to enrich himself were not much worse than some which had been practiced with impunity by other governors. Finally in November the proprietors wrote to Sothell that he should cease to rule, and commanded him to yield obedience to Col. Philip Ludwell, whom they had commissioned to succeed him. It might well be asked, if this was not as contrary to the Fundamental Constitutions as any thing Sothell had done ? But to render their measures effectual, a proclamation of his suspension was sent to the people, and obedience to Ludwell required of them " at their peril." Sothell being stripped of power retired to his estates in North Carolina, where he died in 1694; and it is said that much of the wealth he had accumulated there, was regained by those from whom he had unjustly taken it. Col. Philip Ludwell, of Virginia, had married the widow of Sir William Berkley, and had been ap pointed in 1689 to succeed Sothell at Albemarle. His jurisdiction was now transferred to the colony at Ashley River. Although the titles of North and South Carolina now began to be used, no such di visions of the province were made ; on the con trary, it was the design of the proprietors at this time to unite, if practicable, the two governments ; and with this object Ludwell was instructed to induce the colonists at Albemarle to send delegates to Charles Town, and only in case of failing in this attempt to appoint a deputy there. ICO EARLY HISTORY OF SOUTH CAROLINA. The removal of Sothell may have healed the afflicted honor of the proprietors, but it left unre dressed the grievances of the people. Notwithstand ing the friendship of Ludwell for the proprietors, and his desire to harmonize the distracted state of the colony, he entered upon his administration with no increase of power or promises of reform, but with minute directions merely to inquire into the mis management of former governors and the grounds of popular complaint. Employ no Jacobites (he was told) — beware of the Goose-creek men — reconcile yourself to our deputies — don't expect to carry on the government with all parties — convince the people that the grand council has power by the constitutions to pass all bills before they can be submitted to par liament ; if you find the political offenders of past years so numerous that it will be " dangerous to punish them, grant a general pardon, with a few ex ceptions of the most notorious, against whom pro ceed by way of example" — issue writs for a new par liament, giving seven members to Berkley county, seven to Colleton, and six to Craven.* The inhabitants of Berkley were of course irri tated at the lessening of their number of representa tives, and particularly at allowing the French settlers .in Craven a seat in parliament ; but the proprietors refused to alter the proportion, asserting that Colle ton and Craven contained three fourths of the popula tion. The new parliament, however, although elected in accordance with the writs, were no more subserv ient to the views of the proprietors than the former * Private Instructions, November 8, 1691. EARLY HISTORY OF SOUTH CAROLINA. 161 had been. In their first act [October, 1692] they dis regarded an essential part of the Fundamental Consti tutions, by giving the privilege of voting for mem bers of the Assembly to every man worth ten pounds, without reference to time of residence in the colony ; which act, with another to provide jurymen* by draw ing twelve at a time as prepared by the sheriff, the proprietors wisely rejected as "dangerous to the country." This parliament also re-enacted the Ha beas Corpus Act, giving the power of executing it to colonial magistrates. The erroneous doctrine had been advanced, that the laws of England were not of force in the colony. " By those gentlemen's permission," that so say," replied the proprietors, " it is expressed in our grant from the crown, that the inhabitants of Carolina shall be of the king's allegiance, which makes them- subject to the laws of England."-)- On account of the irregularities of Sothell's admi nistration, or in the language of the Assembly, the " defect of the said government," as soon as the new Assembly met [September, 1692], an address was sent to Ludwell and the deputies, requesting an " act of free and general indemnity and oblivion, and a confirmation of all judicial proceedings in the late government," as essential for the prosperity of the colony, and the efficiency of any laws that might be made for the good of the people. * MSS. Appendix. This act (which is lost) is supposed to have originated our method of drawing jurymen ; and the plan has been as cribed to Thomas Smith. According to the Journal of the Commons, the bill was committed for preparation to James Gilbertson, Joseph. Pendarvis, Daniel Courtiss, James Stanyarne, and Joseph Ellicott. t Letter to Ludwell, April, 1693. 14* L 162 EARLY HISTORY OF SOUTH CAROLINA. A necessity for some measure of this kind had already occurred to the proprietors ; but their private instructions prevented Ludwell from fully acquies cing in the wishes of the people. His reply does not indicate the great mildness of disposition gene rally attributed to him. " The last assembly was factious," said he. " Look to your Journals, and judge what clemency can be demanded. We are unwilling, Mr. Speaker, to believe that address had a due and mature consideration in the house, being unable to comprehend those double locks and bars, viz. : in demnity from and confirmation of all the judicial pro ceedings that past in the last government. What the meaning of these two fortifications heaped on each other is, we cannot imagine ; for the latter only being granted, whom you design the other for we can only guess. For, certainly, on the part of any the activest or crudest persons in the last government, neither lock nor bar will be needful ; they need do no more than stand in the open street with the gracious concession in their hands, which being shown, must, like Medusa's head, kill all the opponents that behold it. And how far then an act of indemnity will shroud those whose properest interest it will be to seek it by this fatal turn of the tables, or how or when they will obtain it, we know not ; but do guess you well know (your last demand being granted) it must lie on the part of those who were the eminentest suf ferers in the last government, to beg it to secure their already half-cut throats from the other slash ; for our part, we cannot possibly see what can be ascribed to us (whose own throats, by the way, must be exposed EARLY HISTORY OF SOUTH CAROLINA. 163 among the rest) but by a mistaken act of mercy, to confirm, nay heighten, all the cruelties of the last government. Is this to be the way to establish peace and safety on either part? Mr. Speaker, we must own we understand it not." The Assembly replied, explaining their address, a misunderstanding of which (they thought) had caused his honor's t( strange style." They repeated their request. Ludwell prepared an %ct in accordance with his instructions. The Assembly would receive it only with alterations. He could not alter it ; but to extricate himself from his dilemma, proposed that they should accept the indemnity as from him and the deputies for what it was worth, and prepare, on their part, a representation of grievances to the pro prietors. His indemnity was unanimously declined. The proprietors, however, unwilling to be balked in their conciliatory humor, while they now dis allowed such an act except from themselves, sent out, under their "great seal," a general pardon to the people of Carolina (James Moore and Robert Daniel being excepted) for all crimes and offenses " com mitted prior to the publication of Ludwell's com mission, in hopes that in time to come it may beget a firm resolution to become strict observers of the laws." Unhappily there was an unaccountable de lay in announcing this pardon to the people.* It was a slight concession to the demands of the colonists that the quit-rents might be paid to the receiver-general in irffligo as well as money, because they " would not put hardships on the people." [Octor * MSS. Appendix. 164 EARLY HISTORY OF SOUTH CAROLINA. ber, 1690.] Although when payment was still with held they thought it no hardship to apply the force of English law, ordering Mr. Grimball to " distrain for quit-rents under act of parliament which is in force." [April, 1693]. It was a greater concession, though secretly admitted, that since Sothell and the Caro linians had acted contrary to all the Fundamental Constitutions ; and " Matthews, who pretends to be empowered by the f eople, assuring us that the people own none, we have made your instructions," the pro prietors wrote to Ludwell, " suitable to our charter."* [November, 1691.] Yet a still greater concession was rendered necessary by the action of Ludwell's parliament, in which a committee was appointed to frame a " system of government, which shows their weakness," said their lordships, "since they have re jected the excellent system of Locke. We therefore have thought it best both for them and us to govern by all the powers of the charter, and shall part with no power till the people are disposed to be more orderly." This reluctance and reservation, however, were expressed to Ludwell alone, while publicly it was announced, " That as the people have declared they would rather be governed by the powers granted by the charter without regard to the Fundamental Con stitutions, it will be for their quiet, and the protec tion of the well-disposed, to grant their request." But the end was not yet. The constitutions con tinued as the contract or agreement between the proprietors ; and frequently during the next thirteen years, we shall find their adoption pressed upon the * Private Instructions. EARLY HISTORY OF SOUTH CAROLINA. 165 people of Carolina. The garment that did not fit the infant was still so beautiful to the parent's eye, that it was altered, and pieced, and patched, and again and again lovingly tried upon his limbs, even in the years of his robust manhood. In the mean time, before this decision of the pro prietors was known, the Assembly had prepared their representation of grievances on the conveyancing of lands, the mal-administration of justice, the construc tion of the charter, the deficient number of delegates in the council and Assembly, and the obstacles to prompt legislative action in the ratification of laws ;* and the committeef from the Assembly, " to consider of the method and drawing up of the system of gov ernment and form of granting of land," had been appointed to meet a similar committee from the upper house ; and in the interval, all persons were invited to send to them " their views and suggestions about the government." The latter committee failed to meet at the appointed conference, and the Assem bly imputed to Ludwell and the upper house, a desire to defeat their proceedings. [January 1693.] While denying such motives, they were yet anxious not to compromit themselves, and finally left the whole matter with the Assembly. No Solon or Ly- curgus arose, nor were tables of stone or brass set up among the people. When the decision of the pro- * See Appendix. t House of Commons committee at this time were Col. Bobt. Gibbes, Capt. Jas. Moore, Ralph Izard, Jos. Pendarvis, and Daniel Courtiss. The committee of upper house— Thos. Smith, Paul Grimball, and Jos. Blake. 166 EARLY HISTORY OF SOUTH CAROLINA. prietors was promulgated, the same laws existed as before ; the powers under the charter were the same that had always been in action ; the instructions to Ludwell of November 8, 1691, already in application, were- of themselves considered a sufficient basis of government. EARLY HISTORY OF SOUTH CAROLINA. 167 CHAPTER VII. The Rules of Government according to the Charter — Ludwell courts popularity — Landgrave Smith appointed in his place — Power of originating laws yielded to the Commons House of Assembly — Dif ficulties which discouraged the new Governor — He resigns, and proposes that a Proprietor should be sent over — Introduction of Rice — The Huguenots of Carolina — John Archdale arrives — His Instructions and Administration — Settlement of Popular Grievances — His Indian policy — Leaves Joseph Blake governor — The last Fundamental Constitutions — The Assembly desire greater Privileges — The Proprietors and People at the close of the Century. The condition of the province on the recall of Sothell had roused the proprietors to unusual activity. Yet the papers issued by them on that occasion were not calculated to produce a reorganization in the management of the government. In some particu lars a new order of things was engrafted upon the old ; but bitter and sweet fruit grew upon the same branches, and the dissatisfaction of the people was only momentarily allayed. The forty-three articles of instructions,* directed to Ludwell, were repeated on the appointment of his successor in 1693. In 1707, the Assembly, in a dis pute with the proprietary governor, referred to these instructions, " which we take," said they, " to be the present standing rules of government ;" and the gov ernor replied, " we also take them to be the present rule of government."-)- In this revision and embodiment of their former * Appendix. t MS. Journals of the Commons. 168 EARLY HISTORY OF SOUTH CAROLINA. instructions the proprietors strictly retained their agrarian regulations, and surrendered no power claimed for themselves directly or by implication from the charter. The name and some peculiarities of the Fundamental Constitutions were withdrawn, that the colonists perhaps might perceive how little difference such a change would effect in their behalf. They were charged to be submissive to a system that was not beyond or contrary to the charter. To gratify the leaders of the people, ampler provisions were made for granting them lands by the governor, and the legislative privileges of the Assembly were defined and extended in cases in which the public peace and welfare required enactments, provided they did not " diminish or alter any powers granted to the proprietors." But these powers were general. They admitted other forms of application besides those so pertina ciously adopted. Instead of authorizing a convention of the people at this crisis to frame a constitution or rules of government under the charter, their lord ships insisted upon their own interpretation of their powers, and kept the tenure and acquisition of land alterable at their pleasure. To revolt would have been an act of extreme temerity under the existing circumstances of the colony and the mother country ; and the history of events consequently continues one of impotency and misrule, and of disaffection and opposition. We have noticed the dilemma into which Ludwell was led by the proprietors with respect to the act of indemnity. They subsequently wrote to him, " We EARLY HISTORY OF SOUTH CAROLINA. 169 are glad to hear that you gain on both parties, and approve of your design to open their eyes. Avoid the snare Colleton fell into, who was popular at first ; but the Goose-creek men, fearing the loss of their power, offered him an excise for his support, and in return made him turn out seal deputies, and disoblige others to please them; yet afterward called out against his avarice, whereby he lost the opinion of the people. We hear they are playing the same game with you, by offering a gift of a thousand pounds. James Moore is at the head of this faction. And in return you had an act of indemnity which you had not the power to grant." — " We observe you say the Goose-creek men are resolved to oppose all we shall offer ; therefore they ought not to be em ployed. You say Sir Nathaniel has hopes for himself, were the government changed to the king. This cannot be from William, because he quitted the Leeward Islands • on account of" refusing to take the new oaths. Watch his actions."* In endeavoring to " gain on both parties," the gov ernor placed himself in a new dilemma. The style of the enacting clause had hitherto recognized the nobility as possessing the inherent legislative func tions ascribed to them in the constitutions. The commons requested Ludwell's advice on this point- He told them to' strike out " the nobility," and men tion in their acts only the proprietors and the Gene ral Assembly, and forgetting the full title of the former, "true and absolute," which they insisted * MS. Letter, 12 April, 1693. 15 170 EARLY HISTORY OF SOUTH CAROLINA. upon.* He had also assented to several acts which the proprietors immediately annulled, as radical and dangerous to the colony ; and thereupon repealed a part of their forty-three articles of instruction, forbid ding the publication of a certain class of important laws until ratified by themselves in England.-}- He had been empowered to grant lands, and furnished with a form of indenture for that purpose. The op position of the people finally induced him to propose to the Assembly another form of deed for granting lands, on terms that affected the interests of their lordships. [Nov. 1693.] In avoiding the whirlpool he was thrown against the rocks. Thomas Smith, one ofthe earliest settlers, had married the widow of John D'Arsens, who held a grant of 12,000 acres from the proprietors. Smith held also grants of his own, and was otherwise possessed of extensive property. He had been a deputy in council, and sheriff or chief- justice of Berkley county, and was chosen to succeed Colleton in 1690 ; but the arrival of Sothell caused his commission to be withheld. He was made landgrave in 1691, with 48,000 acres of land, and was now appointed governor and commander-in-chief in Caro lina, with similar instructions to those given to Lud well, including the obtaining of delegates from North Carolina, and the placing of a deputy-governor there. Originally, all laws passed the council before they could be proposed in the Assembly ; provided no nega tive was put on the council's decision by what was called the palatine's court. In the constitutions, as * His reply to the House. MS. Journ., Sept. 1692. t Appendix, Letter, Nov. 8, 1692. EARLY HISTORY OF SOUTH CAROLINA. 171 altered in 1682, the grand council were at liberty to propose what they pleased to the Commons House of Assembly; or if the proposal of a necessary law was delayed by them, and the majority of the grand juries ofthe counties presented the matter for legis lation, it became " lawful for any of the chambers to take cognizance of it, and propose it to the house."* This alteration, we doubt not, was beyond the ap preciation of those for whom it was meant as a con cession. But it foreshadowed that reluctant untram- meling of the legislative power of the people, which it was the fortune of Gov. Smith to announce in these words : " 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."f Henceforth the Assembly claimed the privileges and usages of the House of Commons in England, and the proprietors allowed the claim. On the appointment of Smith, much was expected from his character, experience, and intimate know ledge of colonial affairs. But he lost courage at the popular ferment about the tenure of lands, payment of quit-rents, the naturalization of the Huguenots, and the recent annulment by the proprietors of the laws of Ludwell's parliament relating to juries and the election of representatives.! Among his first in structions, Smith had been enjoined to compel by law the collection of rents, and assume the responsi- * See Fund. Consts. Letter from Proprs., Appendix. t MS. Journal of the Commons, May 15, 1694. J Report of Grievances. Appendix. 172 EARLY HISTORY OF SOUTH CAROLINA. bility of directing the receiver-general ; and there stood the violent James Moore and his coadjutors, determined not to pay. " We part with our lands only on our own terms," reiterated their lordships ; "and we consider your deed invalid," rejoined the faction of the people, " because only some of you have set your hands and seals thereto." A number of the malecontents quitted the province ; and it was thought unless others went peace could not be restored. At length Gov. Smith, despairing of allaying the disturb ances, wrote to the proprietors [Oct. 1694] that he and others intended to abandon Carolina and live in some other part, of America ; " that it was impossible to settle the country, except a proprietor himself was sent over with full power to heal their grievances."* Without waiting for their reply, he resigned, and Joseph Blake acted in his stead until a new governor should be commissioned.f The Edict of Nantz, which conferred the blessings of religious toleration on Protestants in France, was revoked bv Louis XIV. in 1685. Before its revoca- * Archd. 101. t Hewit's and Ramsay's account (see also Glen's " Description, &c," 2 Carroll's Coll., p. 270,) of the introduction of rice by Gov. Smith in 1694, may be true, except the date. But I could not repeat it while unable to explain the act of Assembly, Sept. 26, 1691, conferring a re ward on Peter Jacob Guerard, inventor of a " Pendulum Engine" for " husking" rice, which was superior to any machine previously used in the colony. (See 2 Statutes at Large, 63.) In Appendix, in the bill of lading from London, 1671, one barrel of rice is mentioned, but it is not said that it was seed rice. It may be here noticed that cotton was ex ported from Carolina to the northern colonies before 1693. It was, with indigo, one of the products to be tried on the Experimental Farm by Col. West, under instructions of July, 1669. EARLY HISTORY OF SOUTH CAROLINA. 173 tion the Calvinists," or Huguenots, had not been alto gether free from abuses and restrictions ; but when the protection of the law, though imperfect, was with drawn, all the rigors of a bigoted tyranny were exer cised against those who would not turn to the Catho lic faith. Soldiers were stationed in their houses, children torn from their parents, tortures inflicted, and thousands of Protestants brought to death by the most inhuman persecutions ; and yet, as if to pen up the victims, emigration was forbidden, and the sea ports guarded to prevent their escape. Nevertheless about half a million are said to have effected their escape through the inland borders of France, chiefly to Holland and thence to England. Of those who came from those countries to New York, a part preferred the warm climate of South Carolina, whither some of their countrymen had already emigrated. The history of this first emigration is not with out interest. In 1680, Charles had given a free.pas- sage in the ship Richmond to some families, forty-five persons in all, being half of those who then designed to remove from England to Carolina. It was hoped that they would introduce the successful cultivation of vines, and the production of olive oil and silk.* The favor of the government was obtained for them through the petition of Rene Petit, granted in the king's council, in October, 1679 ; and land was be stowed upon them by the proprietors.-}- Unfortu nately the eggs of the silkworm were hatched at * A Complete Discovery of Carrol., 1682, Carr. Coll. 2, p. 65. t MSS Appendix. 15* 174 EARLY HISTORY OF SOUTH CAROLINA. sea, and for want of sustenance the worms died, and thus was frustrated the intention of erecting a "manu factory of silk" in the colony. The transplantation of native grapevines had already been begun by the settlers, whose vineyards contained also, through the gift of some of the proprietors, "the noblest and ex- cellentest vines of Europe." Olive trees from the West Indies grew luxuriantly in the soil of the pro vince. But the improved cultivation of those pro ducts, expected from the experience of the French, was not realized. The good-will, however, of the king and lords proprietors toward the distressed and ex iled Protestants is an instance of noble humanity, while their solicitude for the enrichment of Carolina in the best agricultural staples, presents a contrast to their want of wisdom in regard to her political welfare. Private contributions and the munificence of par liament gave aid and encouragement to the multi tude that sought refuge in England after the revoca tion. Liberal grants of land were made by the pro prietors to many who desired to emigrate to South Carolina. Including a small portion to some Swiss settlers, these grants, within two years, amounted to more than fifty thousand acres.f Both what was given and sold were on equal terms of possession and descent with the lands given and sold to English set^ tiers, notwithstanding the opinion of the latter that the new-comers were aliens in all respects in the colony, as they were in the mother country. The nobility and wealthier portion of the refugees * See " List," Appendix. EARLY HISTORY OF SOUTH CAROLINA. 175 remained nearer their old homes, in England and on the continent. Those who ventured to America were generally tradesmen, agriculturists, and me chanics.* Merchants, goldsmiths, watchmakers, ship wrights, block-makers and sail-makers, coopers, wea vers, leather-dressers, gardeners, apothecaries, gun smiths, wheelwrights, and other artisans, found a home and employment in Charles Town; while about seventy families settled in Craven county, on the Santee (and some on Copper River, and at Goose Creek), and industriously set to work in clearing and cultivating the ground. Their coming was a happy event. The colony needed such men. Sobriety and earnest labor brought to the destitute exile compe tence and accumulating comforts. Such as had been able to fetch money with them, and had purchased lands and slaves, soon saw themselves surrounded by the teeming plenty of fertile plantations. The stran ger who entered their hospitable dwellings could not fail to be impressed by the kindly feeling and mutual assistance that prevailed among those sufferers in a common cause, and now so far separated from their native land.f Gov. Sothell had the wisdom to see the usefulness and noble character of these immigrants ; and as soon as he had power, all French and Swiss Protestants were by law constituted as free born in the colony, and of equal rights with the other settlers-! But the proprietors, as before mentioned, dissented to all " the pretended acts" of Sothell's parliament; and the * 2 Stat. 132. t Lawson, p. 12. X 2 Stat. 58, 59, May, 1691. 176 EARLY HISTORY OF SOUTH CAROLINA. king himself rejected this innovation in naturalizing aliens within the limits of his dominion.* It is surprising that, immediately after this, the lords proprietors issued orders to Gov. Ludwell to allow six members of parliament from Craven county, which was peopled almost exclusively by these Huguenots.f Was it to lessen the power of the people's party in Berkley ? It only created a new ferment. " Shall the Frenchmen," said the English colonists, " who cannot speak our language, make our laws ?" And the flame of national animosity was re-enkindled against those whom they had lately welcomed with kindness, and whom the officers of the proprietors had been instructed to befriend. Memorials were addressed the governor to dis suade him from permitting the French to have a seat in the Assembly. The severities of the alien law of England were threatened against them and their chil dren. Their marriages and their property were held equally unentitled to the respect and protection of the laws. On these points, after consultation among them selves, they addressed complaints and inquiries to the lords proprietors, who sent the following instruc tions to the governor and deputies, April 10, 1693. " The French have complained to us that they are threatened to have their estates taken from their * I take this to be the act " repealed by the king in council." See Note of Editor, 2 Statutes, 118. t Hewit says they were not allowed a single representative. But the Journals of the Assembly show that the parliament, in September, 1692, contained the six members from Craven, who swore allegiance to Wil liam and Mary. The preceding Journals are lost. EARLY HISTORY OF SOUTH CAROLINA. 177 children after their death, because they are aliens. Now many of them may have bought the lands they enjoy of us, and if their estates are forfeited, they escheat to us, and God forbid that we should take the advantage of the forfeiture, nor de we so intend; and therefore have sent our declaration under our hands and seals to that purpose, which we will shall be registered in the secretary's and register's office, that it may remain upon record in Carolina, and be oblig ing to our heirs, successors,- and assigns. They also complain that they are required to begin their divine worship at the same time the English do, which is inconvenient to them in regard to several of their congregation living out of the town are forced to come and go by water, and for the conveniency of such, they begin their divine worship earlier or later, as the tide serves, in which we would not have them molested. They complain also that they are told the marriages made by their ministers are not lawful, because they are not ordained by some bishop ; and that their children begotten in such marriages are bastards. We have power by our patent to grant liberty of conscience in Carolina ; and it is granted by an act of parliament here ; and persons are mar ried here in the Dutch and French churches by minis ters that were never ordained, and yet we have not heard that the children begotten in such marriages are reputed unlawful or bastards. And this seems to us opposite to that liberty of conscience their ma jesties have consented to here ; and we, pursuant to the power granted to us, have granted in Carolina. We desire these things may be removed, and that M 178 EARLY HISTORY OF SOUTH CAROLINA. their complaints of all kinds be heard with favor, and that they have equal justice with Englishmen, and enjoy the same privileges ; it being for their ma jesties' service to have as many of them as we can in Carolina. We would have them receive all manner of just encouragement whatsoever. And we would have you send for the chief of them, and give them assurance of it."* In a letter to Mr. Trouillard, (their minister), and six others, they said : " Perhaps you too opposed the fourth set of the Fundamental Constitutions, the last we sent to the colony ; these would have been your protection. But in future look to us as your protectors, and do not be led by those men who oppose our plans."f But the naturalization of aliens in America was a matter about which the proprietors hesitated to express an opinion. Could they then expect them, under such circumstances, to " have equal justice with Englishmen and enjoy the same privileges ?" If the fears of the Huguenots on the one hand were quieted, on the other they could not have complained of the popular efforts to exclude them from a participation in the political powers of the government.! The letters received from Gov. Smith and Sir Nathaniel Johnson in 1694, induced the proprietors to call a full meeting to consider the state pf the * See Appendix. •)¦ 12 April, 1693, MSS. X I have seen (in the possession of Ogden Hammond, Esq.,) a list of the French Protestants who at different times arrived at New York, and many of whom came on to Carolina. The list contained 372 names. The original is in the handwriting of Guillme. Le Conte. EARLY HISTORY OF SOUTH CAROLINA. 179 colony, and to elect one of their number to go to Carolina with extraordinary powers to appease the discontent of the people. The young Lord Ashley, grandson of the Earl of Shaftesbury, was unani mously chosen for this important duty ; but declining it because the affairs of his father required his atten tion in England, the proprietors elected John Arch- dale, [July 18, 1694], a pious and intelligent Quaker, who had obtained a proprietorship through Thomas Archdale, the purchaser of Lady Berkley's share. [May, 1681.] A year elapsed before he reached Virginia; from which place, although clothed with discretionary authority, he scrupulously requested specific power to appoint new deputies, to abate the quit-rents in arrear and to sell land. His request was granted, and where he needed guidance, he was referred to the instructions sent to Ludwell. At length on 17th August, 1695, he entered upon his government at Charles Town, with conciliatory expressions to all parties,, and a patient inactivity in public affairs. He came with authority to settle all disputes concerning lands ; to sell, at £20 per thousand acres, the land near the settlement, and £10 for the same quantity . in the interior ; to take care of the Indians as he Ramsay (So. Ca. 1, p. 5,) gives only 63 family names. On the Hugue nots, see also Weiss, and the interesting papers of Daniel Rav enel, Esq., in the Southern Intelligencer, Charleston, June, 1822, or City Gazette, May, 1826, containing a list of 117 French and Swiss refugees who wished to be naturalized, probably about 1696, with their place of birth and family relationship. The list begins with Rev. Elias Prioleau and Rev. L. P. Trouillart. See MSS. Appendix ; in 1699, the number in the four different churches amounted to 438. 180 EARLY HISTORY OF SOUTH CAROLINA. thought best ; to build new towns ; to fortify Charles Town, and grant it a particular charter; and to permanently settle the government by examining the Fundamental Constitutions, finding what would be acceptable to the people, and proposing a new set to the proprietors for their confirmation.* Archdale spent several months in privately " allay ing the heats" of the people, and when he judged them fit for "a solid settlement of this hopeful colo ny," his first parliament was convened.-)- They ex pressed their thanks for his " good favor and great kindness" to the people, and their readiness to unite their efforts for the "perfect settlement" of the province. Then business ensued. He told them the proprie tors required the jury act to be changed so that the names of jurymen should each be on single pieces of parchment and not by twelves. He next informed them that the price of selling land was altered to only half the former price, and bade them remember the proprietors had borne the expense " of several thou sand pounds" out of their own pockets in settling the province. As he had spoken to them of his "many dangers and hardships" by land and by water incurred only for their benefit, the Assembly immediately gave him the opportunity he seemed to desire, to benefit them, and earnestly solicited him to remit the arrears of rent, which were now a grievous burden upon all the people. To their surprise he * Articles of Instruction for Archdale, MS. Journals of Assembly. t His address to the Commons. Nov. 1695. EARLY HISTORY OF SOUTH CAROLINA. 181. refused to do so except on hard conditions.* They had no doubt looked for his arrival as for the coming of a bright messenger from afar with healing in his wings. Archdale himself says, " But, courteous readers, after this fair blossoming season to produce peace and tranquillity to the country, some endeavored to sow seed of contention, thereby to nip the same ; insomuch that they sat six weeks under civil broils and heats; but at length recollecting their minds into a cooler frame of spirit, my patience was a great means to overcome them."f These remarks are applicable to both his parliaments ; but he did not expend much of his patience upon the first, which was dissolved after a session of a few weeks. [Nov. 29.] Thereupon the speaker, Jonathan Amory, presented the governor a petition in behalf of him self and the people at large for thirty representatives. Archdale immediately issued a proclamation for the freemen of the colony to meet on 19 th December, at Charles Town, " then and there by a majority of their voices to agree to and ascertain the number of their representatives." He professed to do this in com pliance with the request of the " modest and reasona ble members of the House of Commons and other well- meaning inhabitants," and not at all to please " the obstinate majority," who had just defeated his designs for the peace of the province-! Of the thirty representatives on which the people decided, the twenty for both Berkley and Craven * MS. Journals of the House. t Descript. of Carolina, p. 103. J See Appendix. 16 182 EARLY HISTORY OF SOUTH CAROLINA. were elected at Charles Town, and the ten for Colle ton at Capt. Bristow's plantation in that county. The Huguenots were not among the " liege subjects" who assembled in parliament, January 1696. An humble petition was again made for an abatement of the debts due to the proprietors* Archdale and his council proposed to remit all arrears to Michaelmas, 1695, provided the remaining debts were secured, the town fortified by means of taxes, and measures taken for the ready payment of quit-rents for the future. The Assembly first demanded an accurate statement of accounts between the people and proprietors. Whilst the governor thus bargained where he ought generously to have given, he requested on his part a clause to be inserted in the militia act in behalf of " tender consciences," which was negatived, nemine contradicente.-f At length business proceeded more in the spirit of compromise, and some important laws were passed. The Assembly agreed to the stipulations of Archdale, and on the other hand, quit-rents were remitted for three years to all who held by grant, and four years to all who held otherwise, except for baronies or cre ditors to the proprietors-! The repeal of laws not infringing on the rights of the crown, or of the proprietors, or relating to lands, could not be made without the consent of the General Assembly.^ This restricted the veto power of the proprietors, and was doubtless more than the Assem bly had hoped to gain. * See Appendix. f Journals, Feb. 19, 1696. X 2 Statutes, 102. ? 2 Statutes, 101, ? 16. EARLY HISTORY OF SOUTH CAROLINA. 183 Lands rented were to be held at a penny an acre, or the value thereof in indigo, cotton, silk, rice, beef or pork (barreled), or peas ; to be appraised by an equal number of men appointed by the governor and the commons in Assembly. In case of non-payment of the quit-rent, the receiver of the lords proprietors could distrain, or bring an action in court for recovery. The land should not revert to the proprietors unless payment were delayed for seven years. All former grants or purchases, from authorized agents, notwith standing any legal deficiencies in the conveyance, were confirmed to their possessors. Delays in obtaining lands were obviated. New settlers were exempt from rent for five years. To all who wished to purchase, the price* of land was fixed at £20 per 1000 acres, with a rent of 12d. per 100 acres, and not revertible till non-payment for 21 years. These reversions of land were intended to prevent unoccupied tracts hindering the contiguity of settlements. These measures removed the " doubts, jealousies, and discouragements" of the people. The judicial and military officers were retained in their positions ; but the deputies of the grand council were made " two moderate churchmen to one high churchman, whereby the balance of the government was preserved peaceably in my time," he writes in 1707, "and so left and continued whilst Blake, whom I left governor, • lived."* By these party names, subsequently used, it is meant that he appointed two of the party (who * Archdale, 113. 184 EARLY HISTORY OF SOUTH CAROLINA. were generally dissenters or moderate men of the Episcopal church) who, formed under West, favored the progress of the people, and had recently suc ceeded in counteracting those who espoused the con stitutions and the illiberal powers of the lords pro prietors. Archdale's humanity led him to take a lively interest in the welfare of the Indians. But his laws affecting them were not so wise as his interference in settling their disputes when he had an opportunity. He released from captivity four Indians and sent them back to their tribe near St. Augustine, with a friendly letter to the Spanish governor ; who was in duced thereby to act kindly in return to some English men shipwrecked on the Florida coast. His benevolent advice to the Indians near Cape Fear caused them to befriend a number of passengers soon afterward cast away at that spot. But his views for maintaining peaceable relations between the colonists and savages were inconsistent with the nature of the latter and the advancement of the former.* His plan to secure justice by making the white man judge in all cases, as well between Indian and Indian as between white men and Indians, had already failed under previous governors. Sothell had forbidden, under severe pen- * Archdale's plan for converting the Indians to Christianity, was to send among them missionaries skilled in chemistry and mineralogy " to introduce them into a good opinion with the Indians." " Let them have sent with them (if not far from the English) some English children to introduce familiarity with the Indian children, so that they may be brought to learn letters, &c." (Description, &c, p. 99.) Lawson im proved this plan by advising amalgamation as the surest means of con version. EARLY HISTORY OF SOUTH CAROLINA. 185 alties, fire-arms and rum to be given them. Arch dale's law was more lenient, and entitled all Indians, near the settlement, to a pound of powder and thirty bullets for each destructive beast they killed, beyond the yearly tax of " one woolfe's skinn, or one tiger's skinn, or one beare's skinn, or two catt skinns." A similar tax had been unsuccessfully recommended by- Governor Smith. Previously the aborigines were regarded as a distinct people, irreconcilably averse to mingling with the whites, and incapable of the re straints of their laws and customs. But Archdale undertook to be their friend, and including them under the protection of his government, imposed upon them in return the tax above mentioned. And as the enforcement of a law requires a penalty, all who failed to produce the " skinn" 'were publicly to receive a severe whipping " on the bare back."* It is not likely that the colonists carried this law fully into effect ; nor perhaps another of his laws against steal ing boats and canoes, by which a white freeman or servant was punished by a fine, whilst the Indian for the same offense was included with the slave and received thirty-nine lashes, and for a second offense had his ear cut off.f Archdale, yielding to the opinions of the people, left the Indian trade, and the condition of the Hu guenots as he found them, but advised, with regard to the latter, the plan which was afterward adopted. He seemed afraid lest he should do too much ; and leaving many things undone which required atten- * 2 Statutes, 109. t 2 Statutes, 105. 16* 186 EARLY HISTORY OF SOUTH CAROLINA. tion, he hastened from the colony [1696], after ap pointing his friend, Joseph Blake, governor. He had • been mild and just, and the people respected him; he had conceded a few privileges, and they eulogized him ; he had remitted their debts, and they heaped upon him their heartfelt thanks. In the gentleness of his nature he considered that he understood all their wants and wishes, and could suggest an accept able remodeling of the fundamental form of govern ment. He lived to see that his permanent establish ment of tranquillity did not last longer than a few years. The administration of Blake* was peaceful. His most important measure was the enfranchisement of the Huguenots and all other aliens, which met the hearty approval of the proprietors. Whoever applied for citizenship obtained it on swearing allegiance to the crown of England. All Christians, " Papists only excepted," were confirmed in privileges of religious liberty and worship.-)- [March 10, 1697.] When the last revised set of the unalterable con stitutions was submitted to the commons in Assembly [Sept. 1698], they quietly postponed the considera tion thereof " till another time."! Reduced to forty- one articles§ by the omission of manors and leetmen, .the cumbrous system of courts and their dignataries, * Son of the first mentioned Jos. Blake ; he became landgrave and proprietor. See Oldmixon, who had lived with the family in England. t 2 Statutes, 133. X MS. Journals. g These constitutions were signed April 11th, 1698, by Bath, palatine ; A. Ashley ; Craven ; Bath, for the Lord Carteret ; Wm. Thomburgh, for Sir Jolin Colleton; Thos. Amy, and William Thomburgh. A printed copy is in Charleston Library. EARLY HISTORY OF SOUTH CAROLINA. 187 &c, the new constitutions remained the same in matters of religion ; still created landgraves and ca ciques to form the upper house of parliament, limit ing them however to half the number of the commons ; made the governor and council the palatine's court, and continued to proclaim that property was the foundation of "all power and dominion" in Carolina. With these constitutions six engrossed (blank) pa tents for landgraves and eight for caciques, were sent as an inducement for their favorable reception. After several weeks had passed, the Assembly re quested the governor and council to inform them if they had power to alter and amend the proposed form of government, and were told they had not. But they appointed a committee* who denied to landgraves and caciques, as an order, all legislative power ; re quired baronies to he reduced to a smaller extent of land; that throughout the colony lands should be secured to the people at the present rate of rent and purchase, and that no freeholder of a certain quantity of land should have his body attached in civil causes. The constitutions consequently were again laid aside by the proprietors. But the people found new grievances to keep awake their spirit for political improvement ; and the assembly prepared an "humble address" to their lord ships, setting forth their gratitude, and requesting compliance with certain " little things, compared with those many and grand favors" of Archdale's time.f * The committee of the Assembly were Captain Job Howes, Ralph Izard, and Dr. Charles Burnham. t See Appendix. 188 EARLY HISTORY OF SOUTH CAROLINA. Some of these " little things" were, that the governor and council, with consent of the Assembly, might have power to repeal any law confirmed by their lordships, and that the former might be less restricted by instructions; that no law, from any source, should be of force in the colony, if not passed by the colonial legislature; that not more than 1000 acres of land should be granted in one piece; that they might have the right of coining money, &c. The proprietors merely replied to Gov. Blake, that they were aston ished that he, being a proprietor, had permitted such an address to be issued — a precedent for so much future evil. The Assembly meant, in a part of this presenta tion of requests and grievances, to assert that the king had no right by orders of his council to enjoin upon the proprietors (as several times he had done), to publish and enforce acts of the British parliament in Carolina ; or if the proprietors thought themselves bound to obey the king, such acts, to be binding upon the colonists, must first be re-enacted by their own parliament. The acts at this time complained of, related to trade and navigation, privateering and pirates. The impunity occasionally extended to pirates, who aimed their blows against the enemies of the colonists, was not confined to Carolina. They met with greater indulgence in Philadelphia, and along the coast of Pennsylvania and Delaware, where roamed the fleet of Capt. Kid.* The king's council reiterated complaints to the proprietors, who * See Mem., Hist. Soe. of Penns., vol. 4, pt. 2d. 1 '"! EARLY HISTORY OF SOUTH CAROLINA. 189 in turn complained to their governors and deputies.* [1698.] But if a pirate's ship were captured, to whose use, in the absence of provincial laws, should its valuable cargo — Spanish ingots, and perhaps the jewels of the Great Mogul — be confiscated ? If a trading vessel were seized for violating the British navigation acts, or that "for preventing frauds and regulating abuses in the plantation trade," who should protect the king's interests, and receive his " thirds ?" Before what court should the case be tried ? More over, in appointing governors, would it violate the privileges of the proprietary charters to require first the approbation and sanction of the king ? Had not the king in council the power of annulling any ob noxious provincial law, even after it received the ratification of the proprietors ? Hence arose propo sals in England for sending out attorneys-general to the provinces, for erecting courts of admiralty, and again, for bringing all proprietary governments under a nearer dependence on the crown. But again the lords proprietors bent before the blast, and by a prudent submission to all the wishes of the higher power, still avoided a surrender of their charter. Some of them had purchased for £300 their eighth of these vast domains, now rapidly in creasing in value. It had been a joint-stock business from the beginning. It was not the fault of king Charles that his friends had not sooner realized their fortunes frorji his lavish gift. The fault had been in themselves,/in their stubborn system of government, * " List," Appendix. 190 EARLY HISTORY OF SOUTH CAROLINA. which was framed without regard to circumstances or consequences, and they were now ungraciously yielding both to their king and to their colonists. The colonists, on the other hand, were growing in numbers and riches.* Rice and indigo, furs and skins, turpentine, lumber, salted provisions, and many other articles were exported ; while at little trouble or expense, abundant supplies of food were obtained from the water, from the forests and cultivated fields. The fame of their success had reached distant lands. What if the century closed upon them under an anomalous political system? The changes already wrought only indicated good. In proportion to their increase of strength, they felt the loosening of the bonds which suppressed their growth and impeded their progress. * But they were not exempt from many calamities. — On March 12, 1697-8, the governor and council wrote to the proprietors, "We have had the small-pox amongst us nine or ten months, which hath been very infectious and mortal ; we have lost by the distemper 200 or 300 persons. And on 24 Feb. last, a fire broke out in the night in Charles Town, which hath burnt the dwellings, stores, and out-houses of at least 50 families, and hath consumed, (it is generally believed,) in houses and goods, the value of £30,000 sterling." April, 1698. — The small-pox still continued, and many Indians died from it. (See Dalcho, 32, note.) In the year following, an afflicting disease broke out, which is supposed to have been the first appearance of yellow fever. EARLY HISTORY OF SOUTH CAROLINA. 191 CHAPTER VIII. Nicholas Trott — His Influence in the Colony — Death of Blake — A Faction places Moore in his place — Abuses at Election — Secret Ex pedition against St. Augustine — Queen Anne's War— Failure of the Expedition — Its'Results — Defection ofthe Assembly — Riot in Charles Town — Sir Nathaniel Johnson, Governor — Granville, Palatine — The Faction predominate — The Establishment of the Church of England becomes their chief object — Increased Abuses at Election — Com plaints of the People — Military Condition of the Province — Moore's Expedition against the Apalatchee Indians — French and Spanish In vasion of Carolina — Repulsed— Designs of the New Party — Dis senters and Episcopalians — Trickery in summoning the Assembly — Act passed excluding Dissenters — Protests of the Minority — Estab lishment of Church of England — Boon sent to England by the Peo ple — Rejected by the Proprietors — Petitions the House of Lords — Their Address to the Queen — Proceedings against the Charter — Colo nial Acts declared null and void — Events in the Colony under the Disqualifying Act — A New Assembly in favor of the Dominant Party — The Governor's Violence. In 1698, Nicholas Trott, Esq., of London, once go vernor of the Bahama Islands, received a commission from the proprietors to be Attorney-general of South Carolina. His duties embraced, besides the prosecu tion of criminal matters, the examination of proposed laws with respect to their concordance with those of England, and the preparation of laws affecting land and the Indian trade ; all public commissions and grants were to pass through his office, and the records of all offices were to be opened to his scrutiny. He was also made naval officer to advise with and assist the king's officers in collecting the customs, &c. Pos sessed of great abilities and clothed with extensive powers, Mr. Trott came recommended especially to 192 EARLY HISTORY OF SOUTH CAROLINA. the attention of Gov. Blake, and immediately at tained an influential position in the colony. Being elected to the next Assembly, he exhibited at once that proclivity to antagonism which marked his sub sequent career. In a conference of committees from the council and Assembly [February 19, 1700] on a bill for regulating the court of admiralty, Gov. Blake, who presided, was insisting upon a certain point, when Mr. Trott interrupted him with the re mark : " With submission to your honor, you are too fast ; we are not come to that point yet ;"* and with out disclaiming an intention to offend, declared in reply to such a charge, his right to freedom of speech, since he reeognized Mr. Blake as one of a committee, and not in his character of a proprietor and governor of the province. The conference was dissolved, and Blake refused to meet them again if Trott should be present. The matter was referred to the Assembly, whose interests Trott affected for the sake of popu larity ; and they resolved " that any manager ap pointed by this house have freedom of speech, as it is their undoubted right." But Trott had rendered himself censurable for partiality as the prosecuting officer of the port, and the governor suspended him on this account from exercising the functions both of attorney-general and naval officer. At this junc ture, Gov. Blake died ; and Trott had no difficulty in persuading the next Assembly to resolve that there were not sufficient reasons for his suspension, and to request his reinstatement, which was granted, after a strange show of reluctance, by his friend the suc- * MSS. Journals. EARLY HISTORY OF SOUTH CAROLINA. 193 cessor of Blake, occasioned no doubt by Trott's oppo sition to too flagrant a scheme of the new governor to turn to his private advantage the emoluments of the Indian trade. During the session of the same house, the Funda mental Constitutions brought over by Major Daniel were subjected to the criticism and ridicule of the attorney-general. And yet from his report it is not easy to say whether he was in their favor or against them. After stating the immunities granted by the charter to the proprietors, and the necessity for a con currence of the freemen of the province in the esta blishment of any law or constitution, it is reported " that the said original charter is the only true basis from, by, and according to which, other laws, methods and rules of government, which any ways concern* the people's lives and their liberties, freeholds, goods, or chattels of the inhabitants of this province, ought or legally can be taken, derived, or enacted. That the said charter particularly and expressly provided for our civil liberties ; and freedom in matters of religion and conscience is thereby given us by and under the lords proprietors consent. That the constitutions of which we are to consider, make and set up an estate different and distinguished from the lords proprietors and the commons house, without whose consent no law shall or may be enacted, which is called in said constitutions the upper house, consisting of the land graves and caciques, who being created by their lord ships' letters patent are also a middle state between the lords and commons ; which constitution we can not find that it any ways contradicts the said charter. 17 N 194 EARLY HISTORY OF SOUTH CAROLINA. We find that the 22d article in the constitutions manifestly interferes with our jury act now in force. That all other articles in the constitutions are as near and agreeable to the said charter as may be, or at least no ways repugnant to it."* The charter and constitutions were read, the latter voted valid notwith standing the death of several who had signed it, made the special order for the next day, and then its second reading deliberately carried in the negative. And yet a great deal was accomplished by the report. It announced, with peculiar significance, the fact that the extent of religious toleration in the colony de pended* solely on the will of the proprietors. But the times were now troubled, and the minds of the people were filled with the contemplation of other events. « The tranquil administration of Blake had been succeeded by a period of disturbance and by the domi nation of a faction, the first that rose to power ;n the province and truly deserved the name. According to the regulations originally made and always acted upon, the deputies of the grand council, by a majority of those then present, elected Joseph Morton, the eldest landgrave, governor till the pleasure of the lords proprietors could be known. But James Moore, a member of the same body, ambitious, enterprising, and overburdened with debts, rallied a party to his support and left no means untried to secure the office for himself. He objected to Morton's election because he held a commission from King William. It availed nothing that Morton's friends replied that his commission as judge of the admiralty must ne- * MSS. Journals, August 31,1702. EARLY HISTORY OF SOUTH CAROLINA. 195 cessarily come from the king for the trial of facts committed out of Carolina and beyond the limits granted to the proprietors by the charter. Had they known of Moore's negotiations, not many months before, for obtaining advantages for himself by double dealing in relation to certain silver mines he professed to have discovered Avhile trading among the Indians, they might easily have presented a countervail for Morton's apparent defection from the interests of the proprietors.* On 22d March of the preceding year, Randolph, the agent for the Board of Trade, had communicated the secret to the Earl of Bridgewater, adding, " My lord, as this is a matter of great import to the crown if it succeed, so if it be [do] not, it will prove an utter ruin to Mr. Moore; if the lords pro prietors know that he hath neglected their lordships and made his proposals in the first place to your lordships, he will certainly be a double loser, for besides his great charge and travel to discover the mines, the lords proprietors will upon the first notice turn him out of the council and take from him his office of secretary," &c. But Moore's double dealing was unknown, and the plans of his party could not be annulled or retarded by arguments. The election of Morton was set aside, and his rival substituted as governor of the province. It now became important to secure both the council and Assembly to his interest ; for he might hope for such results with the clever assistance of Daniel, Trott, Rhett, Howes, Dearsby, and other adherents. * See Letters of Moore, Cutler, and Randolph— Appendix. 196 EARLY HISTORY OF SOUTH CAROLINA. The vacancies in the council he filled by those of whose good-will he was assured. To gain the next Assembly was a work of greater difficulty. But for this end he and his party shrunk not the next year from the most indirect means and the basest prosti tution of the elective franchise. In that election [Nov. 1701] unqualified aliens, strangers, paupers, servants, and even free negroes were allowed to vote. As soon as the Assembly met, petitions were pre sented by the defeated candidates praying to be heard against the correctness and validity of the sheriff's return .f The Assembly, most of whom were incor ruptible, and, it appears, unconnected with Moore's party, promptly resolved to enter into an immediate investigation, to prevent which they were prorogued from time to time. Few laws were passed, while de bates and reports continued day after day on fortifica tions, Indian trade and traders, elections and the privileges of the house. Being summoned in April [1702], the busiest time with the planters, they met and adjourned till 5th May. Gov. Moore angrily imputed their conduct to a greater regard to private than the public welfare, and prorogued them till August. In the interval, reports were circulated that Col. Daniel had instigated Moore to govern by martial law, if the Assembly should continue to exhibit a refractory spirit.f When they met they began with recriminations ; for if the public welfare had required their counsels, why had the governor through pique * See Repr. of Coll. Co. — Appendix. t MSS. Journals of the House. EARLY HISTORY OF SOUTH CAROLINA. 197 prorogued them until August ? And was it true that he designed to menace them with coercion ? " Oh ! how is that sacred word Law profaned," they said, " when joined with martial ! Have you forgotten your honor's own noble endeavor to vindicate our liberties when Colleton set up this arbitrary rule ?" But the gathering storm is averted. The doors are closed. Speeches are pronounced in subdued tones. A secret and sudden expedition against St. Augustine is the subject of debate. Men and even women who had been there, are sent for and interro gated with regard to its fortifications and general con dition for defense.* The expedition was agreed upon ; but when Col. Daniel was nominated as chief commander, it was carried in the negative. The Assembly requested the governor himself to take the command. £2000 were voted, and it was thought that ten vessels and three hundred and fifty men with Indian allies would be a sufficient force ; " the encouragement to be free plunder and a share of all slaves." By this time the secret had escaped, and the. mer chant vessels in the harbor anticipating impressment were busy in putting to sea. An embargo was im mediately proclaimed, and all suspicious persons se cured from giving notice of the expedition. Gov. Moore accepted the command on condition that the Assembly would concur with him in a plan for the government during his absence, namely, by a ma jority of the council/)" On assuming command, he appointed Col. Daniel to head the attack by land, * MSS. Journals. t See 2 Statutes, 195. 17* 198 EARLY HISTORY OF SOUTH CAROLINA. with one hundred Carolinians and about five hundred Yemassee Indians, while he with about four hundred men sailed from Port Royal, their rendezvous, to St. Augustine. In September, when they had left, the Assembly set apart a day of humiliation and prayer for their success. William of Orange had died this year, on 8th March, and Anne, daughter of James II., imme diately became Queen of England, by virtue of the act of settlement in favor of the Protestant heirs to the throne. Her Catholic relatives had found refuge and protection in France ; and on the death of James the claim of the Pretender to the English sovereignty was declared and supported by Louis XIV. This able monarch, with the aid of distinguished ministers and generals, had rendered the power of France for midable to England. But in the war now proclaimed against him and his grandson, Philip V. of Spain, the military genius of Marlborough and Prince Eugene won many brilliant victories for England and her allies, and a peace humiliating to France was con cluded at Utrecht, in 1713. During this war, the American colonies of the bel ligerents could not remain neutral. The disputes and hostilities of Europe necessarily affected them; and in the vast extent of territory intervening be tween the rival settlements, the different hordes of savages were courted fo alliance by the respective parties. The wars beyond the Atlantic were felt, not as a tempest at sea that moves the distant waters by a swell or subsiding billow, but as a virulent con- EARLY HISTORY OF SOUTH CAROLINA. 199 tagi on that rages with as deadly a power afar as in the spot of its birth. When Gov. Moore planned his secret attack on St. Augustine, it was not known in Carolina that war had been declared ; yet his opponents, who refused to sanction his movement, were called traitors and enemies to their country. They believed the design of the expedition to be the enriching of himself by plunder and captives, as they particularly accused him afterward of granting commissions to Dodsworth, Makoone, and others, to destroy or " take as many Indians as they possibly could ; the profit and pro duce of which Indian slaves were turned to his pri vate use."* But the Spaniards also, before the dec laration of war [1702], had put themselves at the head of 900 Apalatchee Indians, and set out to surprise the Carolinians. The English traders among the Creeks .roused them to battle, and with 500 men met the invading force on the banks of Flint River. It was evening. The bloody war-god calmly awaited the beams of day. But at dawn, the Creeks stirred their fires, arranged their blankets where each man had slept, and, creeping away, hid in the adjacent forest. The Apalatcheans soon stole noiselessly to the de serted camp, and rushed in with a yell upon what they took to be their sleeping foes. But instantly the war-whoop of the Creeks rose around them, on every side. Many of the invaders were slain, and the plans of the Spaniards were entirelyroceed to England and present an account of their miserable condition to the proprietors, the opposite party were so appre hensive of danger from the measure, that their efforts to defeat it obliged Mr. Ash to hasten to Virginia, and there await his necessary instructions. In Eng land he found Lord Granville so entirely in the inte rests of the dominant party in Carolina, that he determined to prepare a statement for publication, but died when but a few sheets were printed. His papers and correspondence came by improper means into the hands of the governor and council, who did not hesitate to ill-use those who appeared from these papers to be exerting themselves against them* Mr. Boon was now sent, and many London mer chants trading to Carolina, united with him in peti tioning the proprietors to repeal the recent acts of Assembly. Granville being vainly solicited for seven weeks at length called together the proprietors. At their meeting, Mr. Archdale's opposition to the rati fication of the objectionable acts, met with the haughty response from Granville : " Sir, you are of one opinion and I am of another, and our lives may not be long enough to end the controversy. I am for this bill, and this is the party that I will head and countenance." And when Boon requested that he might be heard by counsel, he met with the reply, " What business have counsel here ? It is a prudential act in me, and I will do as I see fit. I see no harm at all in this bill, and I am resolved to pass it." * Oldmixon, 431. EARLY HISTORY OF SOUTH CAROLINA. 223 But others saw much harm in it. The Society for the Propagation of the Gospel, by whose christian liberality the colony had been greatly benefited, met in St. Paul's church, and taking into consideration the act for establishing religious worship, resolved not to send or support any missionaries in Carolina, until the act, or at least the clause relating to lay commissioners, should be repealed* And Boon, turn ing from the proprietors, looked for justice and re dress to the House of Lords. After briefly and lu cidly reciting the history of events, he besought them to consider the deplorable state of the colony and provide for its relief. f Granville and Craven ex erted themselves to justify their ratification of the laws, and to avoid impending danger from such a tribunal,! but to no purpose; for the lords, in' their address to the queen [March 12, 1706], characterized the creation of lay commissioners as "not warranted by the charter granted to the proprietors of that col ony ; as being not consonant to reason, repugnant to the laws of this realm, and destructive to the consti tution of the Church of England ;" and the disqualify ing act as " founded upon falsity in matter of fact," (inasmuch as its preamble stated, that receiving the sacrament according to the rites of the Church of England was required of every member of the Brit ish parliament,) and " repugnant to the laws of Eng land, contrary to the charter," "an encouragement to atheism and irreligion, destructive to trade, and tends to the depopulating and ruining of the pro- * Archd. and Oldmix. t See this Petition, Appendix. J MS. Notes. 224 EARLY HISTORY OF SOUTH CAROLINA. vince." And they proceed : — " 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 pro vince from the arbitrary oppressions under which it now lies, and to order the authors thereof to be prose cuted according to law; at the same time we repre sent 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 per mission to inform your majesty that other great in justices 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 peti tion 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 shown so great a concern and tenderness for all your subjects, will extend your compassion for those dis tressed 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 as sured that, as your majesty will have. them all under your royal care, so, in particular, you will be gra ciously pleased to find out and prosecute the most ef- EARLY HISTORY OF SOUTH CAROLINA. 225 fectual means for the relief of the province of Caro lina." The queen answered this able address : " I thank the house for laying these matters so plainly before me. I am very 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."* The subject being referred to the Board of Trade [April, 1706], they consulted the crown lawyers, whose opinions were carefully prepared, pronouncing that the laws ought to be made void ; and on this authentic basis the lords commissioners reported an abuse of power on the part of the proprietors, and consequently a forfeiture of their charter, and recom mended its annulment by legal process.-}- This opin ion was signed by Lord Dartmouth, Hon. Robert Cecil, Sir Philip Meadows, Wm. Blathwayte, Mat thew Prior, and John Pollexfen. There was also an order of council for the queen's attorney and solicitor to report what measures were requisite for recalling the charter. The proper method was indicated, but doubts expressed whether it might not involve an infringement on the privileges of the proprietors, who were peers of the realm ; and consequently ultimate action against the charter was withheld. But these decisions were cherished in the memory of the Caro linians. The queen, on 10th June, according to the advice of her officers, declared the two enactments of the colonial Assembly to be null and void. * Dalcho, 68. t MS. Notes. 226 EARLY HISTORY OF SOUTH CAROLINA. Returning to the House, in Charles Town, that so hurriedly passed, by a majority of one, the act ex cluding dissenters, we are told that quickly after ward a majority, no doubt much larger, voted its repeal, which was rejected by the governor and coun cil* The fact that it could not have been adopted, if all the members had been present, renders more striking the iniquitous trickery of its enactment. It remained as the law under which the next Assembly were elected, the former having been dissolved by the governor. In Colleton, out of 200 electors, ten went to the polls, by whose votes the ten members of the county were chosen. In the election at Charles Town for Berkley and Craven, it is said, a complement of" high church" episcopal candidates could not readily be found.-)- The politic management of those opposed to the "occasional bill," as it was called, secured the votes of the French by including one of their country men among their candidates. The governor's party, alarmed for their laws, " gave out, an Assembly was chosen who would repeal the church act and not pay the Augustine debt ; threatening if they did, the house and town should quickly be too hot to hold them." When the Assembly met [January 2, 1705], the governor took occasion of some irregularities com mitted in its organization to dissolve them, and order the issuing of new writs of election. The dominant party by exertion and violence were more successful. A majority of the new Assembly qualified as prescribed by law ; others refused to do so, and the next on the sheriff's list were summoned * Boon's Petit. ; Case, 314 EARLY HISTORY OF SOUTH CAROLINA. 1684, April 29. Lords Proprietor to Sir Richard Kyrle, appoint. ing him Governor. 1684, April 10. Same to Gov., Deputyes & Grand Council. 1684, June 25. Same to Sir Richard Kyrle. 1684, Mar. 4. Same to Lord Carterett. This and the preced ing letter relate to the settlement of the Scotch in Carolina. 1684, June 28. P. Colleton (dated St. James') to Sir Richard Kyrle, Governor at Charles Town. 1684, June 9. Lords Prop'rs to the Gov'r of that part, &c. 1684, March 25. [See Vol. 3, 1686-7, Mar. 3.] Letter from Stuart's Town on Port Royal, signed " Cardross," Will. Dunlop, " Hamilton," & " Montgomerie," to the Gov'r, &c, at Charles Town. 1684, July 17. [See Vol. 3, 1684, July 11 & 25.J Same signed " Cardrosse" only to Rob't Quary, Governor. 1684-5, Jan 10. Same, (signed by all four.) 1685, July 17. Will. Dunlop to . Also Exam. & Depos. concerning Dr. Henry Woodward & his Associ ates. Warrant from Col. John Godfrey, Pres. of the Council at Charles Town, for apprehending Lord Card rosse, John Hamilton, &c. The Marshal's (Caleb Westbrooke's) Return, arfd Letter from Dr. H. Wood ward to Col. Godfrey, Dep'y Gov'r. 1685, Nov. 20. Declaration of twelve members of the Commons met in Parliam't Chamb'r at Charles Town, and excluded thence this 20 Nov. '85. 1685, Oct. 6. Minute of Capt. Quarry's Protest against Bernard Schenkingh being High Sheriff of Berkeley County — at a Pallatine's Court at Charles Town. 1685, Nov. 17. Warrant signed by Joseph Morton & five others to apprehend Ralph Izard, for having carried away a black box belonging to Secretary Robert Quarry, con taining Records of the Province. North Carolina, B. T. Vol. 2. Boundaries of the First & Second Patent. 1663, May 23. Minute appointing Officers, & ordaining rules for the Government of Carolina, 1663, Commission to Sir. W. Berkeley, to constitute & commissionate a Gov. for Albemarle River. 1663, ?. Instructions for Sir W. Berkeley, Gov. of Virginia, in relation to the settling & planting some part of the Pro vince of Carolina. 1663, Sept. 8. Letter from [Duke of Albemarle ?] dated from the " Cockepitt," to Sir W. Berkeley. APPENDIX. 315 1663, August 30. Same ? dated " Cockepitt," to Col. Tho. Modyford & Peter Colleton, Esq. 1663, Aug. 31. Same to Lord Willoby. 1663, Aug. 12. Proposals of several Gentlemen of Barbadoes; also letter from Col. Modyford & P. Colleton to " My Lord " [Albemarle ?], advising that persons be ap pointed with His L'ps Instructions to treat on the above Proposals, giving power to choose a Governor, Mayor, Aldermen, &c. &;c.. — Answer to certain Demands & Proposals (as above) to the Lords Prop'rs of Carolina. 1663, Sept. 9. Letter from [the Lords Prop'rs ?] to in answer to the Proposals of the 12th of August. 1663, Aug. 12. Order in Council revoking all former Grants, & granting absolutely the Province of Carolina to the D. of Albemarle, &c, &c, &c. 1664, Nov. 14. Commission appointing Robert Samford, Secre tary & Chief Register of the County of Clarendon. 1654, Nov. 20. Same appointing John Vassall, Surveyor Gen'll of same. 1664-5, Jan. 11. Same — Sir J. Yeamans, Governor of Same. 1664-5, Jan. 11. Lords Prop'rs to Sir J. Yeamans. 1664-5, Jan. 7. Boundaries of Sir J. Yeamans' Governm't. 1667, October. Commission from the Lords Prop'rs to Sam. Stephens, Gov. of Albemarle, to Grant Lands, &c. " Instruceons for o'r Governor of ye County of Albe marle," &c. — Commissions from the' Lords Prop'rs to Sam. Stephens to grant Lands upon the same terms & conditions as in Virginia. 1671, Aug. 21. Commiss'n from the Lords Prop'rs to Sir John Yeamans to be Governor of all that Part of Carolina that lyes to the Southward & Westward of Cape Carteret. 1671-2, Jan. 2d. The Lords Prop'rs to Capt. Halstead — have rec'd his Despatches — are well satisfied with his manage ment of their affairs, and send further Instructions (10 Articles). 1671, Dec. 18. Lord Ashley's Deputation to Maurice Mat thews, to represent him in Carolina. 1671, Dec. 30. Commiss'n appoint'g John Culpeper Surveyor General of Carolina to the South & West of Cape Carteret. 1671-1686. List of Landgraves; also of Cassiques. Do. of Deputys. 1672, June 24. Commis'n appointing Joseph West "Register of all Wrightings & Contracts. " 1672, Aug. 31. Concessions ofthe Lords Prop'rs "to certain persons in Ireland," who plant in Carolina within one year of the date hereof. & 316 EARLY HISTORY OF SOUTH CAROLINA. 1614, Ap. 25. Commission to Jos. West, Governor, granting him power to grant lands and other powers and priviledges. 1674, May 18. The Lords Proprietrs. to, concern'g Mr. West, Sir John Yeanians, &c, &c, returns Acts of Parliam't made in the latter end of Sir J. Yeamans' GovernmH confirmed. 1674, ? "Instructions to Mr. Jos. West, o'r agent att Ashley River." 1614, May 23. Instructions to the Gov. and Council at Ashley River, concern'g Andrew Percivall " Governor of o'r Plantacon in Loch Island." Same date. Instructions to Andrew Percivall, Governor of the plantation to be settled on both sides Edisto or Ashipow River. 1614, May 19. Lord Cornbury's appointmt. to Step. Bull, his Deputy. 1614, Dec. 4. Commiss'n appoint'g John Richards Treasurer and Agent in Caroliua. 1615, June 10. Commiss'n from Anthony, Earl of Shaftesbury, Chief Justice of Carolina, to And. Percivall, appointing him Register of Berkeley County, and the parts adjoining. 1676, Ap. 17. Commis'n appoint'g Will. Saxby, Treasurer and Agent in Car. 1676, June 13. Declaration of the Lds. Proprs. promis'g and agreeing to "sett out" one whole Collony of 12000 English acres of land to Mr. John Berkeley, Mr. Simon Perkins, Mr. Anthony Laine, and Mr. John Pettitt, upon their landing in Carolina. 1676, Oct. 21. Lds. Proprs. to Govern't and Assembly of Albe marle. 1676, Nov. 21. Same, appointg. T. Eastchurch, Govr., &c, of same. 1676, Nov. 21. Instructions to the Govr. and Council of same. 1617, Ap. 10. Ld. Clarendon, appointg. Rich. Conant his Deputy of the Province of Ashley River. 1676-1, Jan. 29. The Lds. Proprs. to Major Aldrich. 1617, Ap. 10. Lords Proprs. Proclamation forbidding any com merce, trade, or traffic with the Westoes and Cussatoes Indians. 1671, Ap. 10. Lord Shaftesbury to Gov. and Council of Ashley River, concerning Dr. Henry Woodward. " Lord Shaftesbury appointg. Dr. Henry Woodward his Deputy of Ashley River. " Articles and agreement of the Lords Proprs. of Car., between themselves, concerng. the Trade there. Lords Proprs. to the Gov. and Coun. at Ashley River. APPENDIX. 317 1669-1617. Statement of ace. between the Lords Proprs. and Col. Jos. West. 1611, Oct, 22. Warrant fr. the Lds. Proprs., authoris'g Mr. Blackleech or the Commander of the " James" Frigate to trade with the Spaniards or Indians at Ashley River. 1618-9, Feb. 19. Lds. Proprs. Commiss'n authorising Robt. Holden to march with such men as he wills, into parts of Carolina not fully discovered, and appointing him Commander-in-chief of same. 1679, May 19. Lds. Proprs. to Gov. and Council of Ashley River. 1619, Dec. 11. Same to same. 1680, May 11. Same to same. '' Commission and instructions for the Comis'rs, (Col. Jos. West being one,) appointed to hear and determine differences between the Christians and the Indians. 1680, June 15. Commis'n appoint'g And. Percivall Secretary. 1680-1, Feb. 21. Lords Proprs. to Gov. and Gov. and Conn, at Ashley River. " Instructions to And. Percivall, touching the making a Peace with the Indians. 16S0-1, Feb. 28. Instructions to Capt. Henry Wilkinson, Governor of that part of Carolina that lyes 5 miles south of the river Pemptico, and from thence to Virginia. 16S0-1, Mar. 9. Instructions to And. Percival' and Maur, Mathews, concerning trade with the Indians. 16S0-1, Mar. 1. Lords Proprs. to Gov. and Council at Ashley River. 16-80-1, Mar. 26. Same to same. 1680-1, May 2. Same to Captain Wilkinson. 1680-1, Sept. Same, enjoining obedience to Seth Sothell, the oldest Ld. Propr. in Carol., and consequently Governor. 1682, May 10. Lords Proprs. to the Govr., Council and Par liamt. of Carolina. Same date. Instructions for Maurice Mathews or the Surveyor- General of Carolina for the time being. Duplicate in Vol. I. 1682, June 5. Lords Proprs. to [Jos. Morton, Govr. ?] 1682, May 20. Same to Gov. and Counc. at Ashley River. 1682, May 23. Copy of a pardon granted by the Lords Proprs. to Dr. Henry Woodward. 1682, June 3. Lds. Proprs. to Gov. and Counc. at Ashley River. 16S2, June 7. Same. Warrant for land for Mr. John Ashley. 1682, July 19, Same. Concerng. Mr. John Monke, who is desirous to settle in Carolina with his family. 27* 318 EARLY HISTORY OF SOUTH CAROLINA. 1682, May 18. Wil. Earl, of Craven, Pallatine of Carolina, His Commission to Jos. Morton, to be Governor, &c. 1682, July 28. Duke of Albemarle, warrant, granting 1000 acres of land and £50 to Mr. John Monke afores'd. 1683, May 29. Warrant grant'g 800 acres of land to Mr. Francis Devowsery, for having applied himself to making wine and o'r usefull things in Carolina. — Similar to Arthur Midleton for oil and cotton. 1683, Dec. 14. Minutes of a Meeting of Lords Proprietors. 1694, June 16. Minutes of a Meeting ofthe Lords Proprs. 1694, July 25.— Same. 1694, July 28. Same. Also Aug. and Oct. 1663-1666. Dr. and Cr. Account ofthe Lds. Proprs. 1664, Dec. 28. A particular of Ordnance, Arms, Powder, and in order to the planting and settling Port Royall. Fees in passing the charter and duplicate of Carolina. 1665, July. Fees in passing the last pattent for Carolina. North Carolina, B. T., Vol. 3. 1682, Nov. 21. Warrant to Gov. Jos. Morton, to grant and convey land in Carolina, with form of grant and instruc tions for granting same. " Lds. Proprs. to Gov. Morton, touch'g the settlement of the Scots, and enclos'g a new Fund. Const, dated 11 Aug., 1682. 1682-3, Feb. 14. T. Biggs appointed Surveyor-General of Albemarle. 1682-3, Feb. 15. John Monk appointed Muster Master iu Carolina. 1682-3, Mar. 1. Lds. Proprs. to Gov., &c, of Ashley River, 3000 acres of land to be granted to John Gibbs, who is about to settle in Carolina. Duplicate, see Vol. I. 1682-3, June 21. Same, appoint'g John Moore Secretary of do. 1682-3, July 4. Instructions for John Moore. 1682-3, Sept. 28. Lds. Proprs. to Gov. Morton, to convey land sold to R. Steevens and o'rs. 1682-3, Nov. 6. Same to Seth Sothell. 1682-3, Dec. 14. Minutes of a Meeting of Lords Proprs. 1683, Sep. 29. See Vol. 1, 1683, Sep. 30. Instructions for John Moore, appointed Receiver and Escheator of all fines, &c. 1683-4, Feb. 14. Lords Proprs. to [Gov. of Albemarle ?] 1684, Ap. 29. Instructions for same. 1684, June 3. Rob. Quary appoint'd Deputy to Thomas Amy ; Col. Godfrey to the Duke of Albemarle ; John Moore to Sir P. Colleton. APPENDIX. 819 1684, June 3. Lds. Proprs. to Sir R. Kyrle. 1684, June 9. Lds. Proprs. to the Secretary. 1684, June 3. Robt. Quarry appointed Clerk of the Crown and of the Peace. 1684, July 11. Same to Govr. Kyrle and Deputys. 1684, July 25. Same to same, grant'g 3000 acres to William Thorogood. 1684, Oct. 25. Same to same, ditto to M. (Jharasse, "well skilled in druggs," &c. 1684, Nov. 15. Same to same. 1684-5, Feb. 16. Same to Gov. West. 1684-5, Mar. 20. Robt. Quarry appointed Secretary and Re ceiver-General, Sou. and West of Cape Fear. 1684-5, Mar. 20. Lds. Proprs. to Step. Bull, Surveyor- General. 1684-5; Mar. 13. Same to Gov. West. 1684-5, Mar. 13. Instructions for Robt. Quarry, Receiver, &c. 1684-5, Mar. 13. Same for same, Secretary. 1684-5, Mar. 11. Commission to Jos. West, appoint'g him Govr., &c. 1685, Ap. 14. Lds. Proprs. to Gov. West to convey 500 acres to J. Du Gue. 1685, Ap. 17. Same to convey 500 to Isaac Le Jay. 1685, Ap. 16. Same same Ch. Franchomine. 1685, Ap. 14. Same to convey 350 acres to Isaac Fleury. 1685, Ap. 22. Same to convey 3000 acres to Wil. Shaw. 1685, May 5. Lds. Proprs. to Gov. West, alteration in his instruct's. 1685, June 23. Lds. Proprs. to convey 100 acres to N. Lon- guemar. 1685, June 26. King James to the Lds. Proprs. concern'g Carolina. 1685, July 6. Lds. Proprs. to Gov. West. 1685, July 30. Same to same, to convey 3000 acres, of land to J. F. de Genillat, the first Swiss settler. 1685, Sept. 9. Lds. Proprs. to Gov. Moreton. 1685, Sept. 10. Same to same. 1685, Sept. 26. Same to same, to pass grants to James Le Bas for 3000 acres of land. 1685, Oct. 1. Same to same, for 1000 acres to And. Percival. 1685, Oct. Commiss'n for Alex. Dunlop, to be Sheriff of Port Royall County. (Minute of same only.),-The Sur veyor-General's oath. 1685, Nov. 18. Lds. Proprs. to Gov. Moreton, to commissionate Alex. Dunlop, Sheriff of Port Royal County. 1685-6, Jan. 26. Same to same, for 3000 acres to Arnald Bruneau. 1685-6, Feb. 15. Lds. Proprs. to Governor Moreton. 320 EARLY HISTORY OF SOUTH CAROLINA. 1685-6, Mar. 2. Same to same, 1000 acres to Josias Forrest. 1686, Apl. 15. Same to same, 200 acres to Jas. Nicholas. 1686, Apl. 26. Same to same. 1686, Apl. 20. Same to same, 500 acres to Chas. Colleton. 1686, Aug. 31. Same to Gov. Colleton, 100 acres to Js. Le Grand. 1686, Aug. 31. Same to Gov. Colleton, 100 acres to Jas. Le Moyne. 1686, Aug. 31. Lord Craven, Palatine of Carolina, his commis sion appointing Jas. Colleton Govr. and Commander- in-chief. 1686, Sept. 4. Lds. Proprs. to Gov. Colleton to pass grants for 1000 acres of land to Henry Augustus and Alexander Thez6e Chastaigner, Seigneurs de Cramahe and Lisle. 1686, Aug. 30. " Power to Trustees to lett land." 1686, Aug. 30. Instructions for granting of land. 1686, Sept. 16. Lds. Proprs. to Gov. Colleton, giving him power to remove Robt. Quarry from his place of Secretary, if the reports of his misbehaviour are true. 1686, Oct. 20. Same to same, to grant to John D'Arsens (the first of his nation,) any quantity of land not exceeding 12,00 acres 1686, Nov. 2. Lds. Proprs. to Gov. Colleton, 1000 acres to Maur. Mathews. 1686, Dec. 7. Same to same. 3000 acres to Jas. Martell Gou lard de Nervant. 1686, Dec. 7. Same to same. 12,000 acres to same. 1686-7, Mar. 3. Instructions for James Colleton, Esq., one of the Landgraves and Governor of that part of Carolina that lyes South and West of Cape Fear. Same date. Lds. Proprs. to Governor Colleton (2). Same date. Same to Lord Cardross, touch'g his Lordship's ill- usage in Carolina. Same date. An Act for restraining and punishing Privateers ratified in open Parliam't, 23 Nov., 1685, by Lds P 3 Mar., '86-7. 1687, May. Lds. Prop, to Gov. Colleton, 40,000 acres of land for John Price, created Landgrave. 1687, July 13. Same to same. 626 acres to James Boyd. 1687, July 14. Same to same. 3000 acres to Jean Louis de Genillat, and 3000 acres to Arnald Bruneau, to be f ranted rent free, being a free guift from the Lords 'roprs. 1681, Ap. 11. Geo. Muschamp to Lds. Proprs. from Charles Town. 1687, July 7. F. Powis to same, on G. Muschamp's letter. 1687, Oct. 10. Lds. Proprs. to Gov. Colleton. 600 acres to Joach. Guillard. — Opinion of, concern'g Muschamp's Complaint APPENDIX. 321 1687, Oct. 10. Lds. Proprs. to Gov. Colleton. Form of Oath to be taken by the Gov. of Carolina. 1681, Oct. 17. Lds. Proprs. to Mr. Grimball, appointing him Secretary, Receiver and Escheator in Carolina. 1687, Oct. 10. Instructions for Paul Grimball, Secretary. 1687, Oct. 10. Same for same, Receiver and Escheator. 1681, Oct. 10. Lds. Proprs. to Benjamin Blake, appointing him Clerk of the Crown and Clerk of the Peace. 1687, Aug. 20. King James to Sir Robert Holmes, abt. Pirates. 1687, Oct. 13. Same to Ld. Craven? concern'g Pirates. 1687, Oct. 22. Same, touch 'g wrecks, moiety due to the King. 1687, Nov. 25. Lds. Proprs. to Governor. 1687-8, Jan. 22. King James, conc'g Sir R. Holmes, Com- miss'r for the suppression of Pirates and Privateers. 1688, Ap. 12. Lds. Proprs. to Governor. 1688, Ap. 16. Same to same. 1688 June 19. Same. 12,000 acres to Dr. Christ. Dominick. 1688, June 10. Privy Council to Ld. Craven to proclaim birth of a Prinoe. 1688, July 4. Lds. Proprs. to Gov. Colleton, complains of not hearing from him. 1688, July 4. Same to Sec. Grimball abt. same. 1688, July 4. Same to Gov. Colleton. 1688-9, Feb. 19. Privy Council to proclaim Wil. and Mary in Carolina. . 1688-9, Feb. 19. Oaths to be taken instead of oaths of alleg. and supremacy. 1688-9, Mar. 1. Lds. Proprs. to Gov., enclos'g the above. 1688-9, Mar. 15. Same. 400 acres to Thomas Smith. 1689, Nov. 20. Same. 500 acres to John Stewart, a free guift for promoting cotton, silk, &c. 1689, Nov. 19. Lds. Proprs. power to Gov. &c. to grant lands. 1689, Dec. 5. Same, appoint'g Col. Philipp Ludwell, Governor of Carolina, North and East of Cape Fear. 1689, Dec. 5. Instructions for Gov. Ludwell. 1689, Dec. 2. Lds. Proprs. to Seth Sothell, suspend'g him from the govern't. 1689, Dec. 2. Same to Gov. Jas. Colleton. 1689, Nov. 19. Same, appoint'g John Beresford Clerk of the Crown and Clerk of the Peace. 1689, Dec. 9. Lds. Proprs. to Gov., to assign 12,000 acres granted to John d'Arsens to Thos. Smith, who has mar ried his widow. 1689, Dec. 23. Same. 140 acres to Elias Prioleau. 1689, Dec. 23. Same, concern'g land granted to James le Bas, and purchased from Landgrave Joseph West. 1690, Sept. 23. Same, touch'g land granted to R* Stevens and B. le Roux. 322 EARLY HISTORY OF SOUTH CAROLINA. 1690, Oct. 6. Same to P. Grimball, Receiver. 1690, Oct. 6. Same, appoint'g Thos. Smith, Governor and Comander-in-Chief of Carolina, So. and West of Cape Fear. 1690, Oct. 18. Lds. Proprs. to And. Percivall. 1690, Oct. 18. Same to Gov. and Deputys at Ashley River. 1690, Oct. 18, L'ds Prop'rs to Jas. Colleton, Paul Grimball, and the rest of our Trustees, for granting Land. 1691, May 13. Same to the Grand Council. 1691, May 13. Same to Landgrave Jas. Colleton, Thos. Smith, Stephen Bull, Ralph Izzard & John Farr. 1691, May 13. Same to Governor & Deputys , appoint'g a Sheriff & Justices for Berkley County. 1691, May 13. Same to John Comings, appoint'g him Deputy. 1691, May 13. Same, appoint'g Bernard Skenking, Sheriff or Chief Judge of Berkley County. 1691, May 12. Same to Deputys So. & West of Cape Fear. 1691, May 13. Same to Seth Sothell, Jas. Colleton, Thos. Smith & Bern. Skenking, touch'g the Cherokees. 1691, May 12. L'ds Prop'rs to Gov. Seth Sothell ; pleased to find by his letters of 21st Oct. that he will submit to their Ldps. Instruc. for the Govern't. 1691, May 13. Same to same, touching the Records, &c. 1691, May 13. Same to the Grand Council. 1691, May 27. Same to the Gov., Deputys, &c, touching the Act, (22 Dec. 1690,) to disable Jas. Colleton from bearing or exercising any authority, Civil or Military, &c. 1691, May 27. Same to same, displacing & removing George Muschamp, John Berresford & John Harris from being Deputys. 1691, May 27. Same to same, altering Instructions touching the appoint't of Deputys. 1691, May 27. Same, appoint'g R. Conant Clerk of the Crown & Peace. 1691, May 27. Same to Gov. Sothell & Deputys, &c, disallow ing the Act touch'g Jas. Colleton. 1691, Sept. 22. Same to same, disallow'g Acts passed by Sothell, &c, &c. 1691, Nov. 8. Instructions for Col. Philipp Ludwell, Governor of Carolina. 1691, Nov. 8. Commission appoint'g Col. P. Ludwell, Governor. 1691, Nov. 8. Private Instructions for Col. Ludwell. 1691, Nov. 8. L'ds Prop'rs to Seth Sothell, suspending him from the Gov't of Carolina, & Comand'g him to yield due obedience to Col. Ludwell, appoint'd Governor. 1691, Nov. 8. Additional Instructions to Col. Ludwell. 1691, Nov. 8. L'ds Prop'rs grant'g 300 Acres to James Jones. APPENDIX. 323 1691, Nov. 8. Same to the Trustees for land, ab't the purchase of land. 1691, Nov. 8. Same. Proclamation ag't Seth Sothell, &c. 1691, Nov. 2. Commission (from Lord Craven alone) appoint'g Col. Ludwell Gov'r. (The Comis'n dated the 8th is from all the L'ds Prop'rs.) 1692-3, Feb. 6. L'ds Prop'rs — Power & Authority to the Gov. to grant Lands, with Rules & Instructions for granting of Land. 1693, Ap'l 7. Ld's Prop'rs to Gov. Ludwell. 1693, Ap'l 7. Same to same, disallowing an Act to provide • indifferent Jurymen in all causes, Civil & Criminal. 1693, Ap'l 12. Same. Pardon & Release, &c, to all the Inhab. of Carol, for all Crimes & Offences committed before Col. Ludlow, Comis'n for Governor. 1693, Ap'l 12. Same, appoint'g Thos. Smith, Sheriff or Chief Judge of Berkley County. 1693, Ap'l 10. L'ds Prop'rs, disallowing An Act to regulate the elections of Members of Assembly. 1693, Ap'l 10. Same. Order concerning the Estates of Aliens. 1693, Ap'l 10. Same — empower'g Gov. Ludwell to appoint Sheriffs or Chief Judges of Counties. 1693, Ap'l 12. Lords Prop'rs to Gov. Ludwell. 1693, Ap'l 10. Same to Deputys & Council. 1693, Ap'l 12. Same to Paul Grimball. 1693, Ap'l 12. Same to Mr. Trouillard, Minister, & others, touch'g their compl'ts ab't the forfeiture of Aliens' Estates. 1697. Accounts of land sold, to whom, &c. &c. 1697, Sept. 29. Copy of Mr. Amy's Grant of Mr. Sothell's Proprietorship. Copy of an Instrument sent to Col. Blake, Governor of Carolina, for him to sign & seal, relating to Mr. Amy's Grant for a Proprietorship. 1698, Ap'l 11. The Fundamental Constitutions of Carolina, agreed on by all the Lords Prop'rs, & signed & sealed by them, (the Original being sent to Carolina by Major Darnel.) [These were the 5th and last, and contain 41 articles.] The Form of a Patent for Landgrave. N. B. At the end of this Volume is written the fol'g : " The first payment of the rent for the Province of Carolina is to begin the feast of All Saints, 1665, and is twenty markes per annum." 1682 & 1685. Accounts of L'd Prop'rs. 324 EARLY HISTORY OF SOUTH CAROLINA. No. Carolina, B. T., Vol. 4. 1693, May 11. L'ds Prop'rs Proclamation conc'g Seth Sothell. 1693, May 11. Same to Gov. Ludwell. 1693, Nov. 29. Instructions for Thos. Smith, Gov'r of Carolina. 1693, Nov. 29. Commission to Thomas Smith, appoint'g him Governor & Commander in Chief of Carolina. 1693, Nov. 30. Additional Instructions to Gov. Smith. 1693, Nov. 29. Comis'n for Gov. Smith to appoint Chief Judges, &c. 1693, Nov. 29. L'ds Prop'rs to Gov. Smith. (2) 1694, Ap'l 24. Same to Gov. Smith. 1694, Ap'l 24. Same to same & Deputys. 1694, Ap'l 26. Same to Col. Ludwell. 1694, Ap'l 27. Same to Gov. & Deputys. 1694, May 19. Same to Gov. Smith. 1694, Aug. 31. Commission appoint'g John Archdale, Esq., " Governor of South & North Carolina, " L'ds Prop'rs appoint'g Ferdinando Gorges, Attorney General of Carolina. 1694, Aug. 31. L'ds Prop'rs to Gov. Smith & Deputys. This is the last letter addressed to Smith as Governor, & informs him that Archdale is about to leave England. 1694, Aug. 31. Instructions to Gov. Archdale. 1694, Oct. 17. L'ds Prop'rs to Landgrave Jas. Colleton, touch ing the payment of salary due to him. 1694, Oct. 17. Further Instructions for Gov. Archdale. 1694, Oct. 17. L'ds Prop'rs to Gov. Archdale. 12,000 acres for Thos Amy. 1694, Oct. 11. Same to same— 6000 Acres to Gab. Odingsells & Comp'y. 1694, Nov. 24. Patent for Landgrave granted John Archdale. 1694, Oct. 11. Lds. Prop'rs to P. Grimball to pay John Arch dale, Governor, his Salary of £200 pr. ann. half yearly. 1694, Dec. 27. Same to Gov. 3000 acres to James Boyd. 1694-5, Jan. 10. Same to Gov. Archdale. 1695, Mar. 27. Same to same. 1695, April 12. Same to P. Grimball. 1695, June 28. Same to Col. P. Ludwell. 1695, June 28. Same to Gov. Archdale. 1695, June 28. Same to Paul Grimball. 1 695, Aug. 23. Same to Gov. Archdale. 1695-6, Jan. "29. Same to same. 1696, Ap'l 23. Same to same, enclos'g let. from the Lords of Council for publishing in Carolina "An Act for' pre venting frauds, and regulat'g abuses in the Plant's? Trade." APPENDIX. 325 1696, June 11. Lords Prop'rs to Gov. Archdale. 1696, Sept. 10 Samo to same. 1697, Ap'l 25. Samo to same. 1697, Ap'l 25. Same to Gov. Blake. 1691, Aug. 30. Same to same. 1691, Doc. 20. Same to same. 1697, Dcc. 20. Same to same, Deputys & Council. 1697, Dee. 22. Same to same, concern'g Boundary. 1697-8, Feb. 5. Same — Commission for Nicholas Trott to be Attorney General for South Carolina. 1697-8, Mar. 8. Instructions for N. Trott, Attorney General do. 1697-8, Mar. 8. L'ds Prop'rs to Thomas Cary, Receiver Gene ral of So. Carolina, to pay £40 p'r ann. Salary to N. Trott. 1691-8, Feb. 5. L'ds Prop'rs to N. Trott, appointing him Naval Officer of So. Carolina. 1691-8, Mar. 8. Instructions for N. Trott, Naval Officer of So. Car. 1691-8, Mar. 8. Lords Prop'rs to Gov. Blake. 1691-8, Mar. 8. Same, appointing the Rev'd Samuel Marshall " Register of all Births, Marriages & Burialls in So. Car." 1698, Apl. 1. Lords Prop'rs to Edmund Bellinger, appointing him Surveyor General of So. Carolina. 1691-8, March 21. Lords of H. M. Council to the Lords Prop'rs of Carolina, concern'g complaints of Pirates, &c. 1698, Apl. 11. Lords Prop'rs to Gov. Blake. 1698, Apl. 11. Samo to same, Deputys & Council. 1698, Apl. 11. Same, confirming " an Act for mak'g aliens free, &c.» 1698, Apl. 11. Copy of a Landgrave's Patent — six whereof were engrossed and sent (Blanks) to Carolina with Eight Patents for Cassiques by Major Daniel. 1698, May 22. L'ds Prop'rs, Commission appoint'g Edm'd Bohun Chief Justice or Judge of South Carolina. 1698, June 2. L'ds Prop'rs to Thos. Cary, Receiver to pay to Ed. Bohun, Chief Justice, £60 pr aun., Salary. 1698, Aug. 16. L'd Prop'rs to Gov. Blake, Deputys & Council. 1698, Aug. 16. Same to Gov. Blake. 1698, Aug. 16. Same, appointing Gov. Blake & o'rs to inspect the accounts of Thos. Cary & James More, (Receivers). 1698, July 26. Lords Prop'rs appoin'g John Ely, Receiver Genl of So. Car. 1698. Aug. 16. Instructions for John Ely, Receiver General. 1698, May 1. Capt. Edmund Bellinger, had a patent for Land grave granted him for w'ch he is to pay £100. 1698, Aug. 16. The like to John Bayly on similar terms. 1698, Sept. 28. Mr. Amy to James More, Secretary. ' 28 826 EARLY HISTORY OF SOUTH CAROLINA. 1698, Nov. 13. Ja. Vernon to the Lords Prop'rs enclosing the King's Orders and Instructions, relating to Trade and Navigation. 1698-9, Feb. 23. Lds. Proprs. to Gov. Blake, &c, enclosg. the above Orders, &c. 1699, Sept. 21. Lds. Proprs. to Gov. Blake, Deputys and Council. 1699, Sept. 21. Same to Ed. Bohun, Chief Judge of Carolina. 1699, Sept. 21. Same to John Ely, Receiver-General. 1699, Oct. 19. Same to Gov. Blake. 1699, Oct. 19. Same to N. Trott, Attorney-General. 1699, Oct. 19. Same to John Ely, Receiver-General. 1699, Dec. 20. Same to Gov. Blake and others. 1699, Dec. 20. Same to Gov. Blake, Deputys and Council. Carolina, (Am. and W. Ind., 419.) 1628-9, March 19. Curious Paper in Latin, concern'g the first (?) Settlement of Carolina, conditions of same, &c. 1628-9, March 19. Ditto in French, touching the Settlement in Carolina of French Protestants. 1628-9, ? Mar. 11. "Articles demanded a Monsieur 1'Atourne- General par le Baron de Sanc£." 1629, Oct. 11. Propositions touchaut une Plantation et Colonie de 2000 hommes en Floride, &c., q. ? Carolina. 1629-30, Feb. 10. Very interesting Document ; the Attorney- General is prayed to grant by Patent 2 Degrees in Carolina, &c. 1630, May 15. Articles of Agreement between Rt. Hon. George Lord Berkley and Wil. Boswell, Sam. Vassall, Hugh L'Amy and Peter de Liques, concern'g Plantations within the Province of Carolina. 1632, Apl. 20. Instructions to be observed in the Plantation of Carolina. 1635, April. Petition to the King from P. D. L. and Proposi tions, &c, to disburden a Kingdom of all poor and enrich itsetf by a powerful Trade, by a plentiful Colony, (? Carolina). 1635, May 11. Sir Henry Martens' Reports to the Lords con cern'g. Mr. Kingswell, a settler in Carolina, the bad provisions supplied, &c. , &c. 1635, May 11. Petition of Ed. Kingswell, concern'g the breaking of a contract to transport himself and family to Caro lina, &c. Charles I. ? A project for the advancing of the intended Planta tion (this is taken to be Carolina.) Charles I. ? Minutes of the Articles which M. de Sance" wishes inserted in his Patent (French). APPENDIX. 327 Charles I. ? Conditions offered to those who " goe to dwell in Carolina." Charles 1. ? " Articles concedez et accordez par Monsieur l'Atorne-General ii Mons. le Baron de Sance." Charles 1. ? " Memoyre do ce que nous esperons mener de premier voyage a la Carolina," &c. Charles I. ? "A particular of such necessaries as either private families or single persons shall have cause to provide to goe to Carolina." South Carolina. (Am. and W. Ind., 491.) 1699, June 10. Gov. Jos. Blake and Jos. Morton to Sec. Vernon. 1699, July 24. Gov. Blake to Secretary Vernon. [N. B. This letter was taken out of the water from the wreck of a ship which was lost with all her men in Sept. 1699, and euclosed by Sidney Bligh to Secretary Vernon.] 1699, 1100, Jan. 12. Gov. Blake to Secretary Vernon. 1100, May 21. Ed. Randolph to same. 1100, June 10. Gov. Blake to same. 1100, June 10. Same to Secretary, the Earl of Jersey. Plantation- General. (Am. and W. Ind., 485). 1580 about. " Pointes sett downe by the Comittees appointed in the behalfe of the Companie to conferre wth Mr. Carleill upon his intended discoverie and attempte in the Northern partes of America." 1580, about. " The Generali description of America or the New World." 1634 Apl. 28. "A Commission for ye makeing Lawes Orders for Goverment of English Colonies planted in Forraigne Parts." 1651, July 25. Memorial of Rene Augier, praying the Grant of a Patent, to settle with French Protestants near one of the Colonies. 1610-1, Mar. 20. The King to the Attorney-General for enlarg ing the Council of Plantations. 1680, May 19. Copy of Mr. Blathwayt's Patent to be Surveyor and Auditor of tho Plantations. 1680, Nov. 3. Order in Council. Governors of Plantations not to return home without leave in Council. 16S4 ? " Certaine Propositions for the better accomodating tho Forreigne Plantations with Servants." 328 EARLY HISTORY OF SOUTH CAROLINA. Proprieties. B. T., Vol. 1. 1696, Nov. 5. Order in Council upon a Petition of the Lds. Prop'rs of Carolina, &c, &c, relating to the Represen tation of the Council of Trade for appointing Attorneys- General in the Plantations. 1696, Nov. 10. Presentment from the Com'rs of Customs to the Treasury upon a Memorial of Mr. Randolph concerning Illegal Trade in the Proprieties. 1696, Dec. 4. Attorney-General's Opinion about erecting Courts of Admiralty in the Proprieties. 1696, Dec. 4. Memorial ofthe Lds. Proprs. relating to same. 1696-1, Jan. 21. Ditto. Proprieties. Vol. 2 1691-8, Feb. 16. List of Officers in the Court of Admir'ty, So. Car. Proprieties. Vol. 3. 1698-9, Mar. 1. Letter fr. James Moore to • touching his discoveries of Indian Trade, &c, in Carolina. 1698-9 Mar. 22. E. Randolph, to Earl of Bridgewater relating to silver mines in South Carolina — also letter & Me morial from T. Cutler, ab't same. 1698-9, Mar. 16. E. Randolph to Lords of Trade, relating to the Inhabitants, &c, of So. Carolina. 1698-9, Mar. 16. Number of the French Protestant Refugees of the French Church of Charlestown. 1699, July 31. W. Thomburgh to Wm. W. Popple— ab't Caro lina Rice. Proprieties. Vol. 4. 1699, Sept. 21. John Smith to W. Popple, ab't silver mines in Car. 1699, Oct. 11. R. Yard— ab't Dr. Coxe's pretensions to " Caro lana." 1699, Nov. 13. J. Vernon to L'ds of Trade, enclos'g Dr. Coxe's Petition touching his pretensions to " Carolana Florida," also, " Abstract of his Title to the present Proprietary unto ye Province of Carolana, alias Florida." " Demonstration of the just pretensions of the King of England, unto Carolana & of the present Proprietary under His Majesty." APPENDIX. 329 1699, Nov. 13. "Account of the Commodities of the growth & production of Ditto." " Copy of King Chas. I., Grant of Carolana alias Florida to Sir Ch. Heath." 1699, Nov. 24. B. Durzy to W. Popple, ab't appoint of Gover nors, &c. Petition of the Marquis de la Muce & Chas. de Sailly, French Protestant Refugees to settle in Carolina. 1699, Dec. 12. Attorney General's opinion on Dr. Coxe's pre tensions. 1699, Dec. 21. Order in Council about same. 1699-1100, Jan. 8. Dan. Coxe to Lords of Trade, ab't sett'g & Carolana. 1699-1100 Feb. 14. Same. Same. Proprieties. Vol. 5. 1100, May 13. Earl of Jersey, concern'g & enclos'g Petition'g of several Merchants about tbe seizure, tryal & con demnation of a Ship in Carolina, (So.) 1100, May 16. E. Randolph to W. Popple. 1100, May'27. Same to Same. Account of moneys due to the King for his thirds of seizures in So. Carolina. Abstract of E. Randolph's Paper, ab't the mal-ad- ministration of Governors in the Proprietary of Carolina, (also, all the other Prop'rs.) Journals. B. T., Vol. 2. 1618-9, Feb. 10. Min. touch'g the pet. of Rene' Petit ab't Foreign Protestants being transported to Carolina. 1618-9, Mar. 4. Min. request'g opinion of Com'rs of Customs therein. Vol. 3. 1619, May 22. Report upon the above. 1679, Oct. 29. R. Petit's Petition read in Council & granted. 1679-80, Feb. 8. Min. Touch'g the late Rebellion & the seizure of H. M. Customs by John Culpeper. 1679-80, Feb. 19. Min. concern'g the above. 1680, July 19. Same. Vol. 6. 168* Aug. 12. Min. touch'g Mr. Muschamp's complaint of Illegal Trade. •28* 330 EARLY HISTORY OF SOUTH CAROLINA. 1681, Oct. 25. Min. touch'g Mr. Muschamp's complaint of Illegal Trade. 1688, Aug. 16. Min. touch'g Capt. Spragg's Complaints of Illegal proceedings of the Governor. 1689, May 16. Min. ab't the expediency of bring'g the Prop'rs of Maryland, Pennsylvania & Carolina under a nearer dependance on the Crown. Vol. 9. 1696, Nov. 16. Concern'g the settlement of Att'ys. Gen. in the Plantations. 1696, Dec. 1. About erecting Courts of Admiralty. 1696, Dec. 14. Same. Vol. 11. 1698, June. Touch'g George Harris' Complaint of damages received in Carolina upon pretence of his being a Foreigner, Vol. 12. 1699, July 3. Min. ab't the present Gov. not being approved by the King. 1699, Sept. 21. Touching the discovery of Silver Mines. 1699, Oct. 12, to 1100, Feb. 16. Concern'g Dr. Coxe's Pre tensions to Carolana Florida. (See also, Proprieties, Vol. 4.) 1699, Dec. 12. Concern'g the settlement of a new trade with some Western Indians from Carolina. The two following letters are copied from Chalmers' Pol. Ann. The Lords Proprietors to Sir Wm. Berkeley. Cockpit, 8 Sept., 1663. " Sir, " Since you left us we have endeavoured to procure, and have at length obtained, his majesty's charter for the province of Carolina : A copy of which we do herewith send you. Since the sealing whereof there hath started a title, under- a patent granted in the 5 year of King Charles I. to Sir Robert Heath, under which there hath been a claim by the duke of Norfolk's agents, and another by Sir Richard Greenfield's heirs ; but that all those that shall plant notwithstanding that patent are, by an act of king and council, secured, and that patent by king and council made null, and ordered to be made so by the king's attorney in APPENDIX. 331 the courts of law ; a copy of which order we herewith send you, so that no person needscruple planting under our patent : Besides, we have. many more advantages than is in the other to encourage the undertakers. We are informed, that there are some people settled on the north-east part of the river Chowan, and that others have inclinations to plant there, as also the larboard side, entering of the same river ; so that we hold it convenient that a govern ment be forthwith appointed for that colony ; And for that end we have, by Captain Whittey, sent you a power to constitute one or two governors and councils, and other officers ; unto which power we refer ourselves, we having only reserved the nomination of a surveyor and secretary, as officers that will be fit to take care of your and our interests ; the one by faithfully laying out all lands, the other by justly recording the same. We do likewise send you proposals, to all that will plant, which we prepared upon receipt of a paper from persons that desired to settle near Cape Fear, in which our considerations are as low as it is possible for us to descend. This was not intended for your meridian, where we hope to find more facile people, who, by your interest, may settle upon better terms for us, which we leave to your manage ment, with our opinion that you grant as much as is possible, rather than deter any from planting there. By our instructions and proposals you will see what proportions of land we intend for each master and servant, and in what manner to be allowed ; but we understand that the people that are there have bought great tracts of land from the Indians, which, if they shall enjoy, will weaken the plantation : first, because those persons will probably keep all those lands to themselves, and so make the neighborhood of others remote from their assistance, in case of danger : secondly, if any new comers would settle near their habitations, they will not, peradventure, admit it' without purchasing, and possibly upon hard terms, which will discourage people from planting : Where fore it is our resolution and desire that you persuade or compel those persons to be satisfied with such proportions as we allot to others, which will be more than any such number,, of men, to and for whom these proportions are to be given, can manage, and therefore enough ; more will but scatter the people, and render them liable to be easily destroyed by any enemy ; so that the fixing the way that our instructions mention, will be the best course of settling as we conceive : However, we do leave it to you that are on the place and can best judge. The reason of giving you power to settle two governors, that is, of either side of the river one, is, because some persons that are for liberty of conscience may desire a governor of their own proposing, which those on the other side of the river may not so well like, and our desire being to encourage those people to plant abroad, and to stock well those parts with planters incite us to comply always with all sorts of persons, as far as possibly we can. You will be best able to judge when you 332 EARLY HISTORY OF SOUTH CAROLINA. hear all parties, and therefore refer the thing wholly to you. The entrance into Chowan river is difficult, and water but for small vessels. But we understand that there is an entrance, bold and deep water in the latitude of 34, which is near the rivers called the Neus and Pemlico, which we conceive may be best discovered from your parts. In order to which we desire you to procure at freight or otherwise, some small vessel, that draws little water, to make that discovery and some others into the Sound, through which great ships may, peradventure, come to Chowan, and give us admittance into the other brave rivers that lie in the Sound ; and, whilst they are abroad they may look into Charles river, a very little to the southward of Cape Fear, and give us an account of what is there. This work we hold necessary to be done, that the king may see we sleep not with his grant, but are promoting his service, and his subjects, profit. By Captain Whittey's rela tion, you may easily pass by land and river from your government to Chowan river, and ride but twenty-five miles by land, which makes us presume earnestly to entreat you to make a journey thither, whereby you may, upon your own knowledge, give us your opinion of it, and direct such discoveries to be made by that river as you shall see fit. We remain, &c. " The Proprietors to the Governor and Council at Ashley River. " Whitehall, 8 May, 1614. " Gentlemen : * " We have herewith sent a patent to Mr. West to be. landgrave, and a commission to be governor, who has all along, by his care, fidelity, and prudence, in the management of our affairs to our general satisfaction, recommended himself to us as the fittest man there for this trust. This we cannot forbear plainly to say, though we have a great»regard to Sir John Yeamans, as a considerable man that hath come and settled amongst us. When Mr. West had formerly the management of affairs, things were then put into such a posture (as appears by the act of parliament made at the latter end of his government, which we herewith send you con firmed). Then we had some encouragement to send supplies to men who took into consideration how we might be reimbursed as well as they could, which was all we expected : But immediately with Sir John Yeamans' assuming the government the face of things altered. The first news was of several proposals for the increasing of our charge ; the same hath ever since continued on, and in our very last dispatches a scheme sent to us of ways of supplying you, which would presently require the disbursement of several thousand pounds ; and all this without the least mention APPENDIX. 833 of any thought how we might be repaid either our past debts, which already amount to several thousand pounds, or be better answered for the future : But, instead thereof, complaints made and reproaches insinuated, as if we had dealt ill or unjustly by you, because we would not continue to feed and clothe you witlwut expectation or demand of any return. This, we must let you know, put a stop to your supplies more than the Dutch war : For we thought it time to give over a charge which was like to have no end, and the country was not worth the having at that rate : For it must be a bad soil that will not maintain industrious people, or we must be very silly that would maintain the idle. But we have no suspicion at all of the barrenness or any bad qualities of the country, which some of us are so well assured of, that at their own private charge they are going to settle a planta tion at Edisto, without expecting a farthing assistance from us. That Sir John Yeamans's management has brought things to this pass, we are well satisfied, which yet we cannot charge upon his mistake ; the character we have received of him, and his long acquaintance with Barbadoes and the world, give us other thoughts of him ; and perhaps it would very well have served his purpose if we had supplied you, and he had reaped the profits of your labour at his own rates, and our own plantation been so ordered, that in reputation, people and improvement, it might arrive at no other pitch than to be subservient, in provisions and timber, to the interest of Barbadoes. Considering at what rates Sir John bought your poor planters provisions in their necessity, and how industrious and useful to you the generality of the people that came from Barbadoes have been, and then tell us whether we have not reason to be of this mind : FW we would not have those that went from hence (whom we are still willing to encourage) be any longer misled ; and the people that have come to you from New York and the northward, have, by their planting and way of living amongst you, fully satisfied us that they are friends to, and do in earnest mean and desire the settlement and prosperity of our province. Being therefore willing to give all reasonable encouragement to honest and industrious men, we have sent another supply for clothes and tools, and have entered into an engagement one to another to send one yearly to you, whereby our stores shall never want necessaries for the use of the indus trious planter, to be had at moderate rates by those that will pay for them : Yet we do not intend any more carelessly to throw away our stock and charges upon the idle : For, though we, the lords proprietors, have tied one another by covenant, that none shall be behind other in the charge of carrying on this plantation, yet we are all agreed not to make any more desperate debts amongst you, though we intend to be at the charge of procuring vines, olives, or any other useful plants or commodities fit for your climate out of any part of the world, and men skilled in the oo* EARLY HISTORY OF SOUTH CAROLINA. management of them. And therefore, if you intend to have sup plies for the future, you will do well to consider how you are to pay us, in what commodities you can best do it, and how the trade of those commodities you can produce may be so managed as to turn to account : For, in our trade with you, we aim not at the profit of merchants, but the encouragement of landlords. In your letter you have been frequent in the mention of a stock of cattle ; but, not having paid us for tools and clothes, how do you think that we should be at so far a greater charge in cattle ? You say it will enable you to pay your debts ; but do you not think, if we bring cattle thither, we, who do not want ground, can keep them, and make the profit of our charge, and venture as well as others, especially it being our design to have planters there and not graziers ! For if our inclinations were to stock Carolina at that rate, we could do better by bailiffs and servants of our own, who would be more observant of our orders than you have been ; plant in towns where we directed ; take up no more land than what they had use for ; nor by a scattered settlement, and large tracts of land taken up, not like to be planted these many years, exclude others from coming near them ; and yet complain for want of neighbors. We rest your very affectionate friends, " Craven, Shaftesbury, G. Carteret." Some interesting manuscripts intended for insertion in this appendix, are omitted on account of their length. Among them is a copy of the Fundamental Constitutions bearing date 21si ¦July, 1669. The original in^he Charleston Library is said to be (but, I think, without good™ ason,) in the handwriting of Mr. Locke. I consider it, however, a transcript of the Constitutions sent out with Governor Sayle: Among other distinctions it is without the clause relating to the introduction of worship accord ing to the Church of England. This is the true "First Set." That in the Statutes at Large, in Locke's Works, and in Carroll's Hist. Collections is the Second Set, and bears date March 1st, 1669-10. Judge Trott in the Introduction to his Laws, has made the same mistake ; the first set having been repudiated by the Proprietors, and those of March, 1610, published and pro mulgated in their stead. To those readers who would refer to the Hist. Collections to examine these constitutions, I would say, that by some accident an important sentence is omitted in § LIIL, showing who might dispose of the public money. In an old Book of Wills in the Ordinary's Office, Charleston, labelled 1692-1699, there is an odd leaf of some other volume bound with the wills and numbered page 11. This leaf contains the original signatures to the following : " We whose names are hereunto subscribed, doe promise to beare faith and true allegiance to our soveraigne Lord, King James the Second, his heires and APPENDIX. 335 successors, and fidelitie and submission to the Lords Proprietors and the forme of government by them established by their Funda- mentall Constitutions. 1685, Oct. 6. Joseph Morton, John Godfrey, Robert Quarry, Paul Grimball, Ste. Bull, John Stan, Will. Dunlop. Nov. 19. Joseph Morton. Oct. 6. Barnard Schenking, Humphrey Primatt, Richard Conant, Richard Baker, Jos. Oldys, William Popell, Dugue, Bacon, [or Bacot,] Ant.- Sampoituint, D. Trezevant, P. Dutartre, Rene Razeau, Jno. Alexander, Jo. Hamilton. Oct. 12. James Gilbertson. Oct. 13. Phin. Roger, J. Fleur. Oct. 31. Adam Caslio, Royer, Gyles Russell, Joseph Blake, William Bower, William Yeler. Nov. 16. Peter M. Moulin. 1686, May 6. Wm. Brocktur. Although there is sufficient space for other signatures, yet it proves the preference of some of the people for the first set of Constitutions, even at this late date, to find the following : Oct. 15, 1686. " I doe hereby promise to bare faith and true alliegiance to or. soveraighn Lord, King James ye Second, and fidellity to y* Lordes Proprietors of Carolina, according to ye fundamentall Constitutions dated y" XXIst. July, 1669." And. Percivall. Jan. 20, 1688. John Francis De Gignilliat, George Pawley. Feb. 14. Daniel Carly. April, 1689. D. Hooglunt. (See also Letter to Sothell, 1691.) S. P. O. North Carolina. B. T., Vol. 2, p. 1. A Declaration & Proposealls to all y" will plant in Carrolina. 25 Aug., 1663. s His Ma,ie. haveing been graciously pleased by his Charter bare- ing date y* 24"1 of March in ye 15th yeare of his reigne, out of a Pious & good Intention for ye propogacon of y* Christian faith amongst ye Barbarous & Ignorant Indians, ye Inlargem' of his Empire & Dominions, & inriching of his Subjects : To Graunte & confirme unto us, Edward Earl of Clarending, High Chancellr. of England, George Duke of Albemarle, Master of his Maties. Horse & Capt. Gen", of all his Forces ; Wm. Lord Craven, John Lord Berkeley, Antho. Lord Ashley, Chanc11'. of his MaUe". Ex- chequr., Sr. George Carteret, K«. & Bar'., Vice-Chamberline of his Ma"e». Household, Wm. Berkeley, K'. & Sr. John Colleton, Kl. & Bart. All y'. terrytory or tract of Ground w,b. ye Islandes & Isletts sittuate, lyeinge & being in his Dominions in America, extending from y* north end of the Island called Lucke Island, wc\ lyeth in y° Southerne Verginia Sea, & w1" in 36 degrees of y" Northine Lattitude & to the west as farr as ye South Seas, and soe southerly as farr as y° river St. Mathias wch. bordereth upon ye Coast of Florida & wlh. in degrees of ye Northine Lattitude in pursewance of wc\ Grannte, & wth. a cleare & good intention to 336 EARLY HISTORY OF SOUTH CAROLINA. make those parts usefull & advantngious to his MnHr. it his people. Wee doe hereby declnre & propose to all his Ma"«". loveing Subjects wheresoever nbidcing or resideLng, and doe hereby ingaige inviolably to performo it mako good theeo ensue ing proposealls in such man", as y first Und'tak". of y" first Setlem'. shall resonably dcsiro. • 1. If yc first Collony will setle on Charles Pi ver nenre Cape Fenrc w"*. sccmcs to be desired it shalbe freo for them soe to doo on y Larboard side entring. If in any other parte of yv Terry tory, then to chooso eith'. side, if by a riv., we reserveing to o 'selves 20,000 acres of Land, to be bounded & leyed out by or. Agents in each Setlem'. in such places as they shall see fitt, it in sneh mair. as y Collony shall not bo thereby ineoiiioaded or wetikned w°h. we intend by or. Agents or Assignes in dew time to setle & plant, they submitting to y" Goverment of that Collony. 2. That y first Collony may have powr. when desired tit there owne charge to fortifie y entrance of y riv., as alsoe y sea coast & Islands, they ingngeing to be trow it faithfull to his Ma"0., his heires it Succcsso" by some oath or Iugaigem1. of their owno i'rameing. 3. That y Undertakers of y'. Sottlcm1. doo before they or any of them repaire theithcr to sctlo present, to us 13 persons of thoso y' intend to goe, of w\ numbr. we shall comissionate ono to be Gov. for 3 yenrcs from y date of his Coinission, mid 6 more of y 13 to be of his Councell, y* Maior. parto of w°". numb', y Govern', or his Deputy to be one to governo for y time afores'1. it will alsoe nominate Succcsso". to y governr, whoo shalbe of y (i Councello" afores"1. to succeed in y Goverm'. in case of doth or removeall, . we will upon or before y 1 0"1 day of Aprill following, declare & Comissionate a Govern'. & 6 Councell"., w"1. thero respective Success"., in case & manor as afores'1. 4. Wee shall as farr as or. Charter pcrmitls us, impowor y Mnior. parte of y" freehold"., or there Deputyes or Assemblymen, to be by them choasen out of themselves, viz. : Two out of every tribe, devision or parish, in such mano' as shall be agreed on to make there owne lawes by & w"1 y advice & consent of y* Govern' & Councell, soe as they be not repugnant to y lawes of England, but as ncarc as may bo agrcing w'h them in all Civill affaires w"1 submission to a Supcrintendancy of a Gen". Councill, to be choasen out of every Cover' . of y Province, in man1' us shal- APPENDIX. 337 bo agreed on for y Comon defence of y whole, w°\ lawes shall, w,hin one yeare aft', publication be presented to us to receave or. Rattification, it to be in force untill s1. Ratification be denyed, & by us certyficd, but if onee raltifyed, to continew until repealed by y same power or by time expired. 5. Wo will Grante, in as ample man', as y Und'takers shall desire, freodomes & libertye of contience in all religious or spirituall things, & to be kept inviolably w"1. thorn, wo haveing power in or. Charter soe to doo, 6. Wee will Grante y full benefitt of these Iniunityes to y Und'takers 10| Galls. Molases, 3 Bar118. & 1 hhd. of Corne. 3 Bar118. & 1 hhd. of Corne. Ittem. Living Stoke. Item. Living Stoke 6 Henns, 2 Cokes, 2 Hogs, 3 Hogs, 6 Henns, 2 Cokes, 6 Duks, 1 Drayk, 1 Turkey Hen, 5 Dukes, 1 Drayk, 1 Dunghiljj>Fowle. 1 Turkey Coke, 2 ditto Henns, Six Firelocks, 4 p' Bandolears. One Sheepe, Six Firelocks, 4 ps. Bandolears. Retornd. One Boxe Medicim*5., Thirty pownds of powder, 88 lb. bullitts & shott. ¦J doz. of Ivory & one doz. of other Combs, 1 doz. Sizers, one Fussee, one boxe of Medicins, 100 of nedles, yams, Timothy Biggs came this XXI" day of March, 1611-2, and made oath that the within written is a true Coppy of the Dewision of .Goods, between Mr. John Foster & Capt. Thomas Gray, pur suant to a former award before me, • Joseph West. This is a true Coppy of y Originall. Exam", this XXI8' March, 1611-2. Jos. Dalton, Secy. Entered this 21" March, 1611-2. APPENDIX. 385 [The above exhibits a specimen of goods in a store in Charles town in the beginning of our colony. Perhaps the 1"'. case of dissolution of a copartnership & division of stock in trade. Know all men by these presents, that I, C"1. William Sayle, Governor of that part of the. Province of Carolina, Southward and Westward from Cape Carterett, otherwise called Cape Romanoe, for and on behalfe ofthe Lords Proprietors of the said Province of Caro lina, having made my last Will and Testament in Bermuda, bearing date in the Month of February last past, which said Will I doe by this present codicil, ratify and confirm. Now being weak in body, but (blessed be God) in perfect mind and memory (for the full disposal of all my goods and chattels, Lands and tenements undisposed of in the said Will,) I doe hereby give, devise and bequeathe, all that my Mansion House and Town Lot, in Albe marle Point, in the said Province of Carolina, to my Eldest Son, Nathaniel Sayle, and the Heirs of his body lawfully begotton, and to be begotton forever. Itra. I doe give, devise, and bequeath all my other Lauds and tenements, goods and chattels, which shall be in my possession at the time of my death in the said Province, and all the lands, per quisites or advantages due to me in the said Province of Carolina, or any part thereof, by virtue ofthe Concessions ofthe said Lords Proprietors', or otherwise to my two sonns, Nathaniel Sayle and James Sayle, and the heirs of their bodies lawfully begotton and to be begotten forever. And my Will and pleasure is. that this Codicil or Schedule be, and be adjudged and taken tSRbe a part of my last Will and testament aforesaid, and to be of equal force with the same. And I heartily desire and request mine Executors, and the overseers of the execution of my last will, and that they doe cause all things in this Schedule or Codicill contained to be faithfully performed according to my pure meaning, as if the same were so declared in my said last will and testament. In witness whereof, I have hereunto sett my hand and seale, this thirtieth day of September, Anno Domini, 1610. William Sayle, [X.] Signed, sealed & published id.\ the presence of j Paul Smith, Jos. Dalton, Secrett. M". That the within Codicill or Schedule, with all the articles & clauses therein specified, was signed, sealed & published by the said Co'. William Sayle, late Governor of that part of the Pro vince of Carolina, Southward & Westward from Cape Carterett, as his true and lawful act and deed, upon the request of the within 33 z 386 EARLY HISTORY OF SOUTH CAROLINA. named Nathauiel Sayle, was upon oath proved by the within mentioned Paul Smith, and Joseph Dalton, before me, C"1. Joseph West, Governor of this part of the Province of Carolina aforesaid, this tennth day of April, 1611. Jos. West, This is a true copy of the original. Exam", this 28th Nov'., 1612. Jo8. Dalton, Secretary. The History qf Neiv England from 1630 to 1649, ly John Winthrop, Esq., first Gov', ofthe Colony of Mass. Bay. Vol. 2"., p. 335. — For the place they should remove to, if necessitated. Mr. Hayson acquainted us with a place allowed & propounded to them, and the occasion of it, which was thus : Captain Wm. Sayle, of Summers Islands, having been lately in England, had procured an ordinance of parliament for planting the Bahamas Islands (now called Eleutheria,) in the mouth of the gulf of Florida, & wanting means to carry it on, had obtained of divers parliament men & others iu London to undertake the work, wcb. they did, & drew up a covenant & articles for all to enter into, who would come into the business. The first article was for liberty of conscience, wherein they provided, that the civil magis trate should not have cognizance of any matter wcb. concerned religion, Jhnt every man might enjoy his own opinion or religion, without controul or question (nor was there any word of maintain ing or professing any religion or worship of God at all,) & the commission (by authority of the ordinance of parliament,) to Captain Sayle to be Governor three years was with limitation, that they should be subject to such orders & directions as from time to time they should receive from the company in England, &c. Upon these terms they furnished him with a ship & all provisions & necessaries for the design, and some few persons embarked with him, & sailed to the Summers Islands, where they took in Mr. Patrick Copeland, elder of that church, a godly man of near eighty years of age, & so many other of the church there, as they were in the ship in all seventy persons. But on the way to Eleutheria, one Captain Butler, a young man who came in the ship from England, made use of his liberty to disturb all the company. He could not endure any ordinances or worship, &c, & when they arrived at one of the Eleutheria Islands, and were intended to there settle, he made such a faction, as enforced Captain Sayle to remove to another island, & being near the harbour, the ship struck & was cast away. The persons were all saved save one, but all their provisions & goods were APPENDIX. 387 lost, so as they were forced (for divers months,) to lie in the open air, & to feed upon such fruits & wild creatures as the island afforded. But finding their strength to decay, & no hope of any relief, Captain Sayle took a shallop & eight men, & with such provisions as they could get, & set sail, hoping to attain either the Summers Islands, or Virginia, or New England ; and so it pleased the Lord to favor them, that in nine days they arrived in Virginia, their provisions all spent, &c. Those of the church relieved them, & furnished them with a bark & provisions to return to relieve their company left in Eleutheria. Captain Sayle, finding the church in this state, persuaded them to remove to Eleutheria, wcb. they began to listen unto, but after they had seen a copy of his commission & articles, &c, (though he undertook to them, that the company in England would alter anything they should desire, yet) they paused upon it (for the church were very orthodox & zealous for the truth,) & would not resolve before they had received advice from us. Whereupon letters were returned to them, dis suading them from joining with that people under those terms." S. P. 0. North Carol., B. T., Vol. 2, p. 98. Instructions to M'. Andrew Percivall. 23 May, 1614. 1. You are to grant Land to none that comes to setle under yo' Goverment, but upon condition they setle in Towneships, and take up Land according to y draught herew"1. deliver! yo", viz*., To each house built in y5 said Towne, & forme fifty acres home lott, as in y° draught, viz., five acres for a house & garden, ten acres in y Comon Cow pasture, and 'thirty-five in a peece beyound y Comon. And an out lott containing 300 more in one peece in ye same Collony, whenever they will take it up. Provided it be w'bin sixteen yeares after their respective Grants of their home lotts. The home lott shall alwayes inseperably belong to ye house in ye Towne, wcb., whenever it is not inhabited & kept up, the s". house and home lott belonging to it, shall de volve into y hands of ye Lords Prop'8, to be by them disposed of to any other person. The home lott shall pay noe rent till y yeare 1690. The fee alsoe of y Towne plott shall belong in equall proportions to y s". houses, to be leased out or lett as y respective owners shall thinke fitt. But y Towne to be built in y s". Towne plott shall be laid out & built according to such a modell as y s". L"8. Prop'8, shall direct. 2. You are to take care that store of Provizzions are planted. 3. Yon are to keep faire Correspondence w'h. y" Neighbour Indians to y° utmost of yo'. power. 383 EARLY HISTORY OF SOUTH CAROLINA. 4. Yo" are to deliver to M'. Joseph West all y Goods now sent in y Edistoh Degger, & consigned to yu. for y use & supply of o'. people at Ashley & Cooper River. Shaftesbury, Craven,G. Carteret. Whitehall, 23d May, 1614. S. P. 0. N». Carolina. B. T., Vol. 2, p. 91. Instruccons to o'. Govern'. & Councill of our Plantacon, at Ashley River in Carolina. 23 May, 1614. 1. You are upon all occasions to afford all Countenance, help A assistance to o'. plantacon in Loch Island. 2. You are to affix y publique seale to all such Grants as Mr. Andrew Percivall, Govern', of that plantacon shall send to you, signed by his hand, with advice from him, specifying ye Grants he desires to have sealed. Craven, Shaftesbury, G. Carteret. Whitehall, 23" May, 1614. Mem. 1tfr. Andrew Percivall had a Copy of y Fundamentall Constitutions signed and sealed with him. [His Commission begins John, Lord Berkley, Pallatine of Carolina, and the rest of the Lo'8. Prop'8, of Carolina. To o'. truely & well-beloved Andrew Percivall, Govern', ofthe plantation to be settled on both sides Edisto or Ashipow River. Bee it knowne, &c, &c, &c] S. P. 0. N°. Carolina, B. T., Vol. 2, p. 120. Order concerning the Trade with the Westoes and Cussatoes Indians. . 10 April, 1617. Wheras y discovery of y Country of ye Westoes & ye Cussa toes, two powerfnll & warlike nations, hath bine made at y charge of ye Earle of Shaftsbury, one of our number, & by the Industry APPENDIX. 389 & hazard of Dr. Henry Woodward, and a strict peace & amity made Betweene those said Nations and our people in o'. province of Carolina, wcb. will conduce very much to y peace & settlem*. of or. said people there, & y incouraginge of others to come and plant there when those fierce & warlike nations are not onely at peace w'\ us, but are become a esafegard unto us from y* injuries of y Spaniards and other Indians. Wee therefore have thought fitt for y preservacon of ye s*. peace soe necessary to us, and eonsideringe that if a Gen11. Trade & Comerce should bee allowed to those Nations w'\ o'. people inhabittinge there before o'. strenths & numbers are increased, that y weakness of o'. streanth may be discovered to them, and severall injuries, provo cations, frauds & quarrells may arrise & happen, by wcb. meanes this soe necessary a peace may be interrupted. Wee doe there fore thinke fitt, and doe hereby strictly charge, require & cohiand that noe person of what quallity soever, being und'. o'. Goverm*., there doe presume to have any commerce, trade & traffick, or correspondency w"1. any of y Westoes, Cussatoes, Spaniards, or other Indians that live beyond Porte Royall, or at y same distance from o'. present Settlem*. that y" Westoes & Cussatoes doe now inhabitt, wlhout such persone have thereunto license und'. y hand & seale of y Earle of Shaftsbury and some one more of us, ye L"s. Proprietors, and this, o'. ord'., is to continue during the space of 1 yeares onely ; after wcb. tyme (if it shall please God) that y streanth of o'. settlement iiay bee considerably increased, wee resolve not to continue o'. restraintes upon the trade wlh. those Indians. But in y° meane while there is noe man hath reason to complaine that wee haveinge left them free and open, all ye trade northward upon y sea coast as far as Alp, & Southward as far as Porte Royall, and any other way not less than 100 miles from there plantacon, w'\ is all they can pretend or expect from us, it beinge in justice & reason fitt that wee should not bee inturrupted by ym in o'. treatyes & transactions w'b. those Nations that inhabitt those disttant Countryes, V". whome by o'. grant & Charter from his Ma*ie., Wee onely have authority to treat or intermeddle, and wee are carefull, as yu. may perceive, to give y. open & free liberty to trade w*\ those nations y*. lye neere, or w"'in any convenient disstance of yu., and w*11. whome, wthout any hazard or dang', to y8 publicke safty, yu. may intermix & maintaine a Commerce ; haveinge therefore laid downe soe plainly to y". y reasons & right of o'. proceedings in this matter, wee doe expect an exact & punctuall compliance w'b. 0'. ord'. & comand, or you may bee assured wee shall cause such as shall presume to breake ym severely to be prosecuted and punished. Given und'. o'. hands & seales this 10'b day of Aprill, 1611. Albemarle, Craven, Shaftsbury, o o^ Clarendon 390 EARLY HISTORY OF SOUTH CAROLINA. To y Gov'. & Councell, & other Inhabitants of our Province of Carolina. Memorandum. — Though S'. Peter Colleton's hand & seale be not to this, Hee ordered his Brother James Colleton to declaire his consent to itt there. S. P. 0. No. Carolina. B. T., Vol. 2, p. 124. The Articles and Agreem'. of y' L". Propriet". of Carolina, Betweene themselves, concerninge Hie trade there. 10 April, 1611. Wheras wee have thought it nessessary for ye safty and good of those people that are planted und'. o'. Government in Carolina upon Ashley & Cooper Rivers, or therabouts to take into o'. hands dureinge ye space of 1 years the whole trade & commerce w'b. y Westoes, Cussatoes, & other Nations that live at a greate distance from ye sd. Rivers, and wheras it is absolutly nessessary that trade be carried on w'b. those nations, that soe they may be supplyd w'b. comodities accordinge to agreem*. made w". y., By wcb. meanes a firme and lastinge peace shall bee continued, and wee become usefull & nessessary to them, it is therfore mutually articled, covenanted & agreed betwixt us, ye L"8. Prop'8, of Caro lina, whose names & seales are hereunto sett and subscribed at or before y 24lb day of June next, wee shall each of us pay into y° hands of M'. W™. Saxby, o'. Secretary and Treasurer, one hundred pounds of good & lawfull money of England, and if any of us shall fayle in payinge in his said money as aforesaid, then & in such case it is hereby covenanted & agreed, that ye bennifitt of y s". trayde shall wholy come & acrew (dureinge the tyme aboves".,) unto such of us, the s". L"8. Prop'8, as shall have paid in there money afores". And it is further agreed betweene us, y L"8. Prop'8., that y agreementes already made by y Earle of Shafts bury w*". D'. Henry Woodward, wherby hee is to have one 5'b. part of y cleare proffitt of y said Trade, shall stand firme & good. In wittness whereof wee have hereunto put o'. hands & seales, the IO4" day of Aprill, 1611. Albemarle, Craven, Clarendon, Shaftsbury, P. Colleton. APPENDIX. 391 S. P. 0. North Carolina. B. T., Vol. 2, p. 129. Statement of Accounts between the Lords Proprietors & Col. Jos. West. 1669-1611. Coll. Joseph West. Dr. To Money paid him in partes, . ¦ . To his Debts standinge out for goods by hinO taken out of y L"'. Stores p'. his own ace*. > to 214b Jan'., 1613, . . ¦ - ) To ditto as pr. his owne ace*., to y 30'" Nov'.,) 1614 | £ s. d. 100 1126 12 11 98 £144 10 5 Pr. Contra. C'. By his Sallery from Aug., 1669, to Aug., 1614, \ is 5 yeares att £60, . . . . . j By ditto fro™ Aug., 1614, to March, 1611, is j 2 yeares & 1 months at £100, . . . j Rest, £. s. d. 300 260 560144 10 5 £415 9 7 ' Towards satisfaction of which hee hath in his hands o'. Planta tion vallue at least £100, besides what goods, except ammunition and armes, are remaininge in o'. Storehouse, and y severall debts oweinge us by soe many people there, w°". wee willingly remitt upon there payinge him of ye remaind'. of what is due to him. 392 EARLY HISTORY OF SOUTH CAROLINA. S. P. 0. Journal, B. T., Vol. 3, p. 15. At the Committee of Trade & Plantations in the Council Cham ber, at Whitehall, Tuesday the 20th of May, 1679. Present. Earl of Sunderland, Viscount Fauconberg, Earl of Essex, Viscount Halifax, M'. Secretary Coventry. Upon reading the Petition of Rhene Petit, which had formerly been examined at the Committee, concerning the transport of Protestant Families to Carolina, together with a Report of the Commissioners of the Customs thereupon ; their Lordships agree to report, that His Ma1', doe give order for the preparing & fitting out of two such ships (neither of which may draw above 12T foot water) as may bee fit to transport the said Families, as soon as the Undertakers shall give in a List of their names, with suf ficient assurance that they will come & imbarque themselves on board thereof for this voyage, provided they doe likewise take in victuals and provisions for themselves, without putting His Ma''. to farther charge than to maintain the Ship's Comp5'. & such as shall be under His Ma'18, pay. And provided, alsoe, that the said Families bee such as shall come from beyond the Seas, or are arrived here on purpose for this designe, & bee many of them skilfull & practiced in the manufacture of Wines, Silkes & Oyles. And that His Ma'*, may not bee defrauded of his Customs, upon pretence of re-imbursing the moneys expended by them, & for preventing any abuse wcb. may happen by bringing Tobaccoes to Carolina from Virginia, their Lordships will further report, that the said Families may be all Obliged to settle more Southerly than the 34th Degree of Northern Latitude, & that the re-imbursement desired by them may be made out of the Customs arising from Commodities brought out of such Plantations in Carolina £s lye within that latitude, to commence from the time the said Families shall arrive, upon a certificate of such arrival from the Collector & Surveyor of the Customs, or in his absence, from the Governor & Council there. Mem. 29th Oct. 1679.— The Petition of Rene Petit for trans porting several Foreign Families to Carolina, on board the Rich mond, was read in Council & granted. APPENDIX. 393 S. P. O. Journal, B. T., Vol. 6, p. 217. At the Committee of Trade & Plantations in the Council Cham ber, at Whitehall, Munday the Wh of May, 1689. In the Morning. Present. Lord Privy Seale, Earl of Shrewsbury, Lord Viscount Lumley. Their Lordships do also enter upon the consideration of the present condition of the Provinces of Maryland, Pennsylvania and Carolina, &c, which having been formerly granted to severall persons in absolute Propriety, by which Title they claime a right ¦ of Government, their Lordships agree to report to His Ma*1, their opinion, that the present circumstances and relation they stand in to the Government of England, is a matter worthy of the con sideration of the Parhament for the bringing those Proprieties A Dominions under a nearer Dependance on the Crown. S. P. O. North Carolina. B. T., Vol. 2, p. 147. Lords Proprietors to Govr. & Council of Ashley River. 17 May, 1680. Whitehall, May 17, 1680. We here inclosed send you the copy of our last, least the Original sent by the Richmond Frigate should be miscarry'd. We againe desire you to take note that the Oyster poynt is the place that we do appoint for the Port Towne, w*=\ you are to call Charles Towne, and to take care that all ships that come into Ashley or Cooper Rivers doe there loade A unloade. Each of the Lords Proprietors is to have 5 Acres reserved within the said Towne, for the Towne lot W*. you are to cause to be run out to such as shall send to demand it in snch places as their Agents shall require. And yon are to leave as much land in one piece in other convenient places for each of the Lords that do not send to demand it, taking still care of the regularity A streightness of the streets as we directed in o'. last And whereas the taking up of towne lots by persons who do not in a short time build thereon, may be a means of hindering others that w1. presently build ¦whereby the erecting of a Towne w*. be much delayed, You are therefore to pass every man's grant under the degree of a Pro prietor with a proviso, that the foundation of his house shall be laid in less than one year, and a house erected before the erection 394 EARLY HISTORY OF SOUTH CAROLINA. of 2 years, otherwise it shall be lawfull for any other to take said land & build thereon. And if any person having also erected one house on his Towne lot & desiring to build more houses, We are contented he shall have more lots provided he will erect a house of at least 30 foot long & 16 foot broad & two stories high besides garrets, on each lot within twelve months after his taking up said lot. M'. Beresford having given us assurance that he will in three years time have above 40 able persons upon his Plantation, We have thought fit to grant him a Mannor of 3000 Acres of land of which you are to take note, & pass a Grant to him for that quantity of land when he shall desire it. We being informed that there are many Whales upon the Coast of Carolina, which fish being by our Fundamental Constitutions reserved to- us, We have notwithstanding (for the encouragement of Carolina) thought fit to give all persons whatsoever that are Inhabitants of our Pro vince, free leave for the space of seven years, to commence from Michaelmas next, to take what Whales they can & convert them to their own use, & this our condescension you are to make public, that any that will may take the benefit of it. That there may be a more than ordinary care taken to do justice to the Indians, We have thought fit to appoint by our Com mission a particular Indicature for that- purpose, which you are to cause to be published & yield due obedience to it. We have also thought fit to grant 3000 Acres of Land to M'. Christopher Smith upon the same terms we have granted them to M'. Beresford, but note that if the person to whom we have granted the said proportion of 3000 Acres, do not within the time limited bring on the hands they have promised, then you are at liberty to grant to other persons 60 much of the said land,, taking it propor- tionably fronting to the River as after the rate of 70 Acres per person, they shall have failed to bring on of the number promised. Given under our hands the day abovesaid. Albermarle, Craven, Shaftesbury, Berkeley, J. Colleton. To, The Governor & Council of Ashley River in Carolina. APPENDIX. 395 Whitehall, the 10*b of May, 1682. Wee having been prevailed upon at the request of severall eminent worthy Persons who have a mind to become settlers in our Province of Carolina, to make review of our fundamentall Constitutions, & to make therein some additions & alterations, wee have now sent them to you signed & sealed anew, & as they are to be for the future, & these additions & alterations being for the greater Liberty, security & Quiet of the people, wee doe not doubt but you will acquiesce in them, which is the reason that wee have done it without proposeing of it first unto you. The additions & alterations we have made are as followeth : In the first place, our fundamentall Constitutions, bearing date the first of March, 1669, hath appointed y*. y eldest man of the then Lords Proprietors shall be Palatine, & soe on untill they are all deceased, & the next eldest, & soe on, shall have their choyce of the severall great offices, but since that time some of the then Lords Proprietors having sold their Proprietorships, & in our Constitutions ofthe first of.March, 1669, there being no Provison made who those who by succession or bying are or shall become Proprietors shall succeed to be Palatine, or have their choyce of the other great offices, nor how y ihconveniencies shall be avoided that may possibly happen to the Inhabitants of your Province, by leaveing those Proprietors that have bought out others, & are younger than others that have bought or succeeded to be proprie tors in a capacity (out of avarice or perverseness) to make leases or fraudilent conveyances of their Proprietorships to men elder than the other Proprietors that have bought or are succeeded to be Proprietors, thereby to defraud them ofthe proffitts of ye Pala tini Place or the government, by which means Little men & of unjust Principalis may get into ye Governm*., & the administration of the offices of greatest trust, wb. can neither be for y" ease nor safety of the Inhabitants of our Province, of which we have a most tender regard — to obviate those inconveniences have thought fitt by our Constitutions to apoint that he that hath been longest a proprietor of those that have bought or succeed, shall after the death of those who were Proprietors in 1669, succeed to be Palatine, & have the choice of the other seaven great offices, untill after the yeare 1700, when the Power of disposeing of Proprietorships ends, & takes away the forementioned incon venience. The next alteration is, that whereas in the fformer constitutions the assistants of the Colledges were chesen into the Grand Coun cill by the Grand Councill, by these constitutions he that hath been longest an assistant of any of the Colledges, & of the same degree & choice of him who is dead or removed, shall succeed to be of the Grand Councill, w\ wee judge to be more equall & lesse dependent than y former way. The next is, whereas by the former Constitutions nothing was 396 EARLY HISTORY OF SOUTH CAROLINA. to be proposed in the Parliament that had not first passed the Grand Councill, w". is the Senate of Carolina, & yett a negative reserved in the Palatine's Court upon all votes & orders of the Grand Councill, wee have in these our constitutions, left the Senate or Grand Councill at liberty to propose to the Parliament all such things as they shall, upon mature consideration, thinke fitting for the good of the people. And whereas it is not impossible that even the Grand Councill or Senate of Carolina, that we have taken such care to have equally constituted for the good & quiet of the inhabitants of Carolina, may become corrupt & forgett their duty, & not take sufficient care to remedy inconveniences by proposing fitting Laws to be passed by the Parliament, wee have thought fitt to apoint that if the major part of the grand Juryes of the Couutyes shall present a thing necessary to be passed into a law, & that if the Grand Councill do not in convenient time propose it to the Par- lirat., that then it shall be lawfull for any of the chambers to take cognizance of it, & propose it to y house. The next considerable alteration is, that whereas by the former constitutions all men whatsoever possessing Land in Carolina were obliged to pay a rent to ye Lords Proprietors after the yeare 1689, to comply with the desires of severall eminent wealthy men, who have an intention to become settlers in Carolina, & others that are already settled that have no mind to be Incombered with rent, wee have in these constitutions left a Liberty to the Lords Propri""8. to remitt it by an agreement under their hands & seals, all which alterations & additions being for the good & ease of the Inhabitants of our Province, wee doe not doubt but you will take kindly from us, nor doe wee pretend at any time here after to have power to alter any thing in our fundamentall Con stitutions that restrains the liberty of the people, or inlarges the power of yc Proprietors, unlesse the Inhabitants of our Province shall by their Representatives first consent unto it. Wee rest, Your affectionate friends, Albemarle, Craven, P1., P. Colleton, Shaftesbury, John Archdale, Bath, for Thomas Archdale, for the Lord Carteret. APPENDIX. 397 S. P. 0. N". Carolina. B. T., Vol. 3, p. 8. Lords Proprietors to Governor Moreton. 21 November, 1682. Wee haveing agreed w*". the Honble- S'. John Cockram & S'. George Campbell, in behalfe of themselves and other Scotts for y settlem': of a County in Carolina, do herew'b. send you a copie of the articles, that you may see what wee are thereby obliged to doe & performe the same on our behalfes, accordingly, & y'. you may also see what y Scotch are bound to, & see the same performed on their sides. You will find by the Articles y*. if ye County they take up be not contiguous to any of the three y'. are already apointed to. be set out, it is to be so far from them as to leave space according to ye proportions in our Instructions, beareing date the 10th day of May, 1682, for a County betweene those already apointed to be set out & y*. made choice of by y Scotts, & if it be farther remote then the bredth of one County, y". it must be so far remote as to have space enough for two Countyes & so on. Our Designe in this being that their County shall not be so taken up as to leave a space between County & County y*. is not sufficient for a whole County, & thereby hinder y runing out of y whole regulerly into Countyes of 5 squares broad next y° sea, & 8 deep into y Land ; & in ye next place wee desire you to observe y*. ye s". County contracted for w'". ye Scotch, is not to interfere wtn. ye County wherein the cheefe Towne of Carolina shall bee sett, woa. wee designe to be on some part of Combahee River ; their County is not to be on either bank of said River, but ye s". River, as soon as wee have made choice of ye place to set the said towne on, and agreed in what proportions to devide y Land thereof, for ye better strengthning &for ye more easy comunication of the Inhabitants of our s". Province, is to be free to all people whatsoever y*. live under our Goverm'., to have their conveniencyes there according to such rules & measures as wee shall hereafter set when the place for said towne is by us made choice of, & what wee meane by Combahee River, you will see by ye Map herew'b. sent you, set forth by our order. Wee are very much troubled to heare y'. you have had warrs w"1. y Indians, and are doubtfull it may very much impede the settlem*. and discourage people from coming to you, if it be not speedyly ended, & we being also not throughly satisfied y'. y grounds of s". warr were just on y Eng lish side, desire y'. you will make peace with the Indians as soon as you can doe it w'bout loss of reputation. Wee have granted pattents for Caciques to'Cap". Henry Wilkinson, M.\. J8". Smith, Major Thomas Row, M'. Tho. Amy, & J"°- Gibbs, Esq., & M'. Ju°. Ashby, of which you are to take notice, & pass grants for their barronyes, according to our Instructions, when they require it Wee now also send you new Instructions how you are to 34 398 EARLY HISTORY OF SOUTH CAROLINA. grant Land, wct. you are to cause to be recorded, and punctually observe the methods therein apointed for the future. Wee also desire you to let ye Inhabitants of our Province know that wee will se* man the rent he is to pay us, if he desires not to be incumbered w'b. a rent after the rate of one shilling p'. Aker. Given under our hands and seals, this 21" of November, 1682. Craven', P°., Albemarle, Bath for tbe L". Carteret, P'. Cap*. Kennady. P. Colleton. To Joseph Moreton, Esq., One of the Landgraves and Governour of Carolina, & our Deputyes. S. P. 0. N8. Carolina. B. T., Vol. 3, p. 9. Lords Proprietors to Governor Moreton. 21 November, 1682. The Scotch & Divers others considerable persons who have intentions to become Setlers in Carolina, haveing let us know they were doubtfull y'. there was not sufficient provizion made in our former Constitutions against opression* people from such as should administer ye Gov*, in y Province of Carolina* us & wee being willing upon, all occations to demonstrate y'. wee aime at nothing more y". the Prosperity, ease, security & well being of ye Inhabi tants of our s". Province, have thought fitt once more to take a review of our Fundamentall Constitutions of ye Gover'. of Caro lina for y future. And wee being sensible that such often changes may be apt to breed doubts in the minds of some people y'. we may as well change them to y prejudice of y Inhabitants of our s". Province as their advantage to take of all such doubts, Wee doe hereby ratifye & consent y*. you may in Parliam*. declare, recognize, enact & confirme y s". fundamentall Constitutions, consisting of 126 articles now sent you under our hands & seales, & under the great seall of our Province, & beareing date the 17lh day of August, 1682, to be for y future y fundamentall Constitu tions & forme of Gover*. of y8 Province of Carolina for ever, by r'. meanes there can be no addition or alteration hereafter, but according to y rules & methods in s". fundamentall Constitutions prescribed. Given under our hands & seales this 218' of November, 1682. Craven, Pe., Albemarle, Bath for the L". Carteret, To Joseph Moreton, Esq., P. Colleton. One of the Landgraves & Governour of Carolina, our Deputyes & Parliam'. P'. Cap". Geo. Kennady. * The spaces left blank were torn away in original. APPENDIX. 399 S. P. 0. N°. Carolina. B. T., Vol. 3, p. 10 Lords Proprietors to Governor Moreton. 21 November, 1682. By our Articles with y Scots you will perceive y*. wee are to buy the Land of the County they choose of y Indians at our charge, wherefore desire y*. as soon as their Agents have signified to you where they will have y° s". County layd out, y'. you instantly treat w"1. y Indians and buy the said land of them, wcb. . wee would have conveyed to us, William, Earle of Craven, Christo pher, Duke of Albemarle, Anthony, Earle of Shaftsbury, George, L". Carteret, S'. Peter Colleton, Bar'., Seth Sothell, Thomas Archdale, Esq'8., & our heirs & assignes for ever, by Indenture of Bargin & Sale, w*b. the words give, grant, bargin, sell, alien, release, enfeof & confirme, & y Indians must give possession to our uses, wcl" possession mustbewittnessed also on y8 deed, & wee doe hereby impower you, Joseph Moreton & Maurice Mathews, Esq'"., or either of you, to receive & take possession of all lands sold by the Indians to our use, & to depute and authorize others to doe the same, & we desire you to send us copies of all deeds of sale you take from y Indians. Given under our hands and seales this 21st of November, 1682. Craven, P8., Albemarle, Bath for L". Carteret, P. Colleton. To Joseph Moreton, Esq., - Landgrave & Governor of Carolina, and Maurice Mathews,' Surveyor-Generall. P'. Cap". Kennady. S. P. 0. North Carolina. B. T., Vol. 3, p. 4. Instructions for granting of Land in Carolina. 21 November, 1682. 1. Wee have directed y8 Surveyo' Gen", forthwith to set out two Countys, one of the north of Berkely County wcb. is to be called Craven County, & ye other south wcb. is to be called Colleton County, & divide them into squares of 12,000 Akers, wcb. when done, you are to observe the following rules in ye grants you pass for lands in the same & all others that shall hereafter be set out, until you have other orders from us. 2. In the first place, you are by and with the consent and advice 400 EARLY HISTORY OF SOUTH CAROLINA. of our Deputys, to make choice of in all Navigable Rivers in each County to be set out a peice of Land of 500 Akers, whereon to build the port towne for y*. River, in y choice of wcb. you are to have regard to the following particulars, (viz.) that it be as far up as the bigest ship y*. can come over the barr of y" s". River can safely & conveniently sayle. The land you make choice of to be so high above high water marke, that there may be convenient sellers made under ground. That there be plenty of wholesome "water easy to be come at. That it may be if possible farr from Marshe swamps or standing Waters. 3. The square wherein the 500 Akers shall be you make choice of for a port towne is to be a Colony, so are y two next squares on y same side of y8 river adjoineing to it, so are the squares in, behind them from the River, wch. six are to be a precinct, & no one man shall have in any of them nor in the three squares on y8 other side of the River oposite to them above ye proportion following, viz., a Proprietor 800 Akers, a Landgrave that hath built a house in s". towne & hath right to so much land over & above his Bar rony 600 Akers, a Cacique y*. hath built a house in s". towne and hath right to so much land over and above his Barronys 400 Akers, any other person that hath right to so much land, & shall build a house 200 Akers and no more, so there may be roome for a good number of people to set down together for y° better strengthning ye place, and whosoever doth take up land in any of y s". nine squares according to y s". proportions, may have as much front to ye River as one fifth part of the Depth or side Lines of his Land is in from the River. 4. You are to consider of a convenient place for a ferry upon every Navigable River, & haveing pitched upon a place conve nient, you are to order to be set out 1000 Akers wcb. whosoever takes up, shall be oblidged to keep a ferry for the ferrying over men & horses at such a price as shall be agreed on by the grand councell, and when you pass a grant for s". land, you are to incert the condition of keeping a ferry in the grant besides the rent. 5. Any Landgrave or Cacique makeing it apeare to you that he is so, either by produceing his pattent or being signified to you by us that we have so created him, & haveing subscribed in y Book for y*. purpose provided to beare faith & Allegience to our Soveraigne Lord, King Charles the second his heirs & successors, and to be true and faithfull to the Lords Proprietors their heirs and successors, and to maintaine y8 forme of Goverm*. by them establish", in their fundamentall Constitutions, (bearing date y day of in the Year of Our Lord, 1682) as in the same Constitutions is provided, you are then to issue out your orders to y Survey0' Gen1., to admeasure out unto him as many of the Squares for Barronyes in the said County as of right doe belong unto him, and he is willing to take up and are not made choice of by you for a precinct for the towne, nor are before made choice of APPENDIX. 401 .by any other that hath right to choose, provided that each Bar rony be in one intire peece, & y*. in no one County there be above 4 Barronyes set out to the Landgraves, 4 to y8 Caciques, nor above eight Signoryes to ye Lords Proprietors, so y*. in every County there shall be 24 of y 40 squares remaine for the ufe of y people, nor are you in any County to suffer y People to posses more y. 24 squares, so y*. 16 squares intire may be left for y3 Signoryes & Barronyes, y'. y Ball", apointed by our Fundamentall Constitu tions may be preserv". 6. Any of ye squares of a County y*. are made choice of by a Proprietor, shall be a signory for ever belonging to y'. Proprietor ship, & you are to pass the necessary grants for ye same. , 7. Any Landgrave or Cacique y'. is not in Carolina, may take up y said Land belonging to his Dignity by his Agents or Attorney. No Man that hath right to land in Carolina by purchase and is under the Degree of a Proprietor, shall have liberty to choose the Land due to him untill he have subscribed in y book for y*. use provi"., to beare allegience to our Soveraigne Lord the King his heirs & successors, to be true & faithful to y Pallatine, & ye Lords Proprietors their heirs & successors, & to submitt to & maintaine the Goverm*. as it is established by their fundamentall Constitutions, bearing date the day of 8. Any Man that hath subscribed, as is above mentioned, shall have liberty to choose their land & have it set out in manner following. 9. Any Man who by purchase or by bringing on Servants into our Province hath right to 12,000 Akers of Land, if he will take it up all together in one peece, shall have leave to choose any of the Squares in any of y8 Countys, y*. wee have directed forthwith to be set out y'. is not actually made choice of by some other, y* hath right to choose a whole square or part of one, & may have as much of his Land fronting to a Navigable River as y g*. of Akers will allow, w'". y side line of s". peece of land running from y8 River in straight parallel lines, 346 chaine so y*. y Breadth of y s". piece at y head line in from y" river may be equall toye front line on y River. 10. Any Man haveing right to 6000 Akers of Land takeing it up in one peece, may have as much of his Land fronting on y River as halfe y8 depth, Viz., 173 chaine fronting on the River. 11. Any Man haveing right to any g*. of Land under 6000 Akers, may have as much front to y River as y sd. quantity of Land will beare w*b. y° side lines of it runing in from y river in straight parallel lines 346 chaine. 12. Any one y*. shall take up his Land 346 chaine in from a Navigable River shall have it in a square figure, but any man y*. shall take up his land in a creek Navigable for boats only, shall have but a 6'". part of his depth fronting to s4. Creek so y*. ye more persons may come to have y8 Benefitt of it. 34* 2 A 402 EARLY HISTORY OF SOUTH CAROLINA. 13. If two Navigable Rivers be so nere together y'. y8 distance. is not sufficient to have y side lines run in 346 chaine from each River y\ if they are above 346 chaine asunder y8 side lines are to run no farther than y midle between sJ. Rivers, but if they are not above 346 chatne asunder y side lines of land taken upon such part of them as are so neare together may run from River to River. 14. If any Man's line y*. takes up his land on a Navigable river or Creek be not contiguous to another, it shall not be nearer to another line than 12 chaine ; if any man's line y'. takes up his land 346 chaine in from a Navigable River be not contiguous to another itt shall not be nearer to y8, next man's line yn. 20 chaine, y*. so y space between line & line may not be too little for a plan tation & become useless to y L'lB Prop". 15. You are not to pass Grants to any Man whatsoever above 30 miles South of Stonoh nor above 50 miles North of Ashly & Coopper river, nor above 60 miles in from the sea, upon any pre tence whatsoever, unless you have spetiall orders for y same, und'. y8 hands & Seales of y Pallatise, and two more of us y Lords Proprietors. 16. We understand y*. there is on Edistoh River, about 20 miles above the head of Ashly River, a convenient, fertill piece of Land fitt to build a Towne on, wch. you are to reserve for y'. use, & cause ye Surveyor Generali to set out there 500 akers for a Towne and 12000 akers for a Collony about it, of y wob. 500 akers is to be part, w8b. being above y salts & marches, wee are of opinion will be more healthy y nearer y Sea, & if any man will build a house in s". Town you may grant him 100 akers in y Collony. 11. From any of these rules for seting out Land bounding & passing of grants for Land wb. wee have also commanded y Surveyor Generali to observe, you are not to deviate w^out spetiall orders for y8, same, und'. y hands & seales of y Pallatine, & two more of y Prop". 18. You are to take notice y*. wee doe at present grant to all free persons above the age of 16, y*. come to plant in Carolina 50 akers of land & no more, & to them for each Servant they bring into Carolina at their charge, 50 akers more, and y like for each woman servant y'. is marageable, & for each male servant under 16, or woman servant not marageable, 40 akers, & to each servant when out of his time 50 akers to ye respective persons & their heirs for ever, they paying y penny p'. aker quitt rent Wee have reserved & wcb. is too beginn to be paid y next Michaelmas, two yeares after they have made choice of their Land & to be so incerted in their respective grants. 19. Any person haveing transported himselfe & servants into y'. part of Carolina that is under your Gover'. to plant, shall make it apeare to y'selfe & y grand Councell by produceing his APPENDIX. 403 Servants before them, or upon certificate upon oath, & his or her owne name & his servants name being recorded in y books of ye grand Councell, and he haveing subscribed as is in these our Instruc tions before mentioned, you are thereupon to issue out a' warrant to ye Surveyor Generali to lay him out a parsell of land according to y proportions & rules directed in these our Instructions, & ye Surveyor General having done y same, and y warrant, and y" Surveyor Generalls retourne thereupon being recorded, you are to pass a deed indented for y same, according to ye forme to wch. these our Rules are anexed, & you are to cause y party to whome you pass y8 s'1. deed att ye same time, & before ye same Witnesses, to signe, seale and deliver a counter part thereof to ye use of us, W"'., Earle of Craven, Ghrist., Duke of Albemarle, Anth., Earle of Shaftsbury, George, L". Carteret, S'. Peter Colleton, Seth Sothell, Tho. Archdale & our heirs & assignes to w°b. deed you, our s". Governour, haveing sett ye hands and seales of us, y Lords Proprietors, w'h. y° concent of four or more of our Depu tyes, certified by their being Witnesses to y same, whereof Maurice Mathews, Esq., 'or y Surveyor Generali for y° time being, to be one, & ye counter part being signed, sealled & deliv ered, as aforesaid, bouth are to be recorded in the Register's Office, & y counter part of y said deed kept amongst the Records in y Secretaryes Office. Mem. — The foregoing power for seting the hands & seales of y Lords Proprietors to grants for Land in Carolina, the forme of s* Grant & Instructions for seting out Land were signed by y L". Craven, ye Duke of Albemarle, y L". Bath for y L". Carteret, & S'. Peter Colleton, & fixed altogether w'". ye great seale of y Province. S. P. 0. N°. Carolina. B. T., Vol. 3, p. 1. Power to grant Land in Carolina. 21 November, 1682. To all to whome these presents shall come, greeting : In our Lord God ever lasting, Know yee, that Wee, William, Earle of Craven, Pallatine, Christopher, Duke of Albemarle, Anthony, Earle of Shaftsbury, George, Lord Carteret, S'. Peter Colleton, Bar';, Seth Sothell & Thos. Archdale, Esq*8., the true & absolute Lords. & Proprietors of y Province of Carolina in America, for divers good and reasonable causes us thereunto moving, have given & granted, & by these presents doe give and grant full power, liberty, license and authority unto Joseph Moreton, Esq., one of the Landgraves & Governour of Carolina, & to y Governour for the time being, full power, lycense, liberty 404 EARLY HISTORY OF SOUTH CAROLINA. and authority for us, and in our names to grant and convey land in Carolina to such persons as shall transport themselves or others into the said province, to plant & inhabit, by Indenture, according to the forme hereunto annexed, and in our names and to our uses to receive the Counterpart of the s". Indenture from any person or persons to whome land shall be so granted as aforesaid, and to any Indenture after the forme aforesaid to set our hands & seales, & in our names to deliver and execute by and with the consent of any four or more of the Deputyes of us the s". Lords Proprietors, whereof Maurice Mathews, Esq., or y Survey. -Gen", for the time being to be one, atested by their witnessing the same on y6 back of y Indenture or deed signed & sealed by the said Joseph Moreton, or y8 Governour for y time beeing, w'b. y consent of four or more of our Deputyes, whereof Maurice Mathews, Esq., or y Surveyor for ye time being to be one, being recorded together w'\ y counterpart thereof, signed & sealed by the partys to whome Lands shall be thereby granted, shall be as good & firme a conveyance in the law, for the lands therein-mentioned to be conveyed as if y8 s". Indenture or deed had been actually signed, sealed & delivered by us yc s". Lords Proprietors. Alwayes pro vided that there be no more land thereby conveyed, then according to the quantity, limits and bounds y*. are directed by our Rules for y8 granting of Land remaineing upon record at Charles towne, on Ashley River, w'bin y Province aforesaid, beareing date the twentieth day of November, 1682, a Schedule whereof is here unto anexed. And also Provided, y*. y rent in y s". deed reserved, be made to be payable from y next 29tb day of Septem ber, 2 yeares after y partys choose y land conveyed. And wee doe hereby repeale & make voyde all former powers by us given, of granting land to such persons as shall transport themselves or others into o'. s". Province to plant & inhabit. In Witness whereof, We have hereunto set our hands & seales & y great seale of our Province, this 21" day of November, 1682. Craven, Pal8. Albemarle, Bath for L". Carteret, P. Colleton, S. P. 0. N°. Carol. B. T., Vol. 3, p. 2. Form of Grant for Land in Carolina. 21 November, 1682. This Indenture, made the day of , in the yeare of our Lord , between the Right honorable William Earle of Craven, Christopher Duke of Albemarle, Anthony Earle of Shaftsbury, George Lord Carteret, S'. Peter Colleton, Bar'., Seth APPENDIX. -405 Sothell A Thomas Archdale, Esq™., Lords Proprietors ofthe Pro vince of Carohna, of y one part, A A. B. of the other part, Witness- eth that the S*. Wilham Earle of Craven, Christopher Duke of Albe marle, Anthony Earle of Shaftsbury, George Lord Carteret, Sr. Peter Colleton, Seth Sothell & Thomas Archdale, Esq™., for and in consideration y s". A. B., his bringing into Carohna, persons, byname C. D. E. F., Ac, for and in consideration of the rent hereafter in these presents reserved and contained, have granted, bargined & sould, aliened A confirmed, A by these pre sents doe grant, bargine, sell, alien A confirme, unto the said A. B-, a Plantation, containeing Akers of English measure, lyeing & being in the County of , in the Province of Carolina aforesaid, & bounded , according to y Plott here unto anexed, [with all woods A trees, w**. what eke there is thereon standing, groweing or being,*] w". priviledge of hawkeing, hunting, fishing A fowleing, (except A alwayes reserved out of this present grant, all mines A minirells A quarryes of gems A pretious stones, and y reversion A reversions, remainder A re mainders, & all A every y proffitts of ye Premises, to have and to hold y sd. plantation, A y presents hereby granted unto him, ys s'. A. B., his heirs A assigns for ever, yeelding A paying there fore yearely, and every yeare, upon the twenty-ninth day of Sep tember in every yeare, unto y said Wilham Earle of Craven, Christopher Duke of Albemarle, Anthony Earle of Shaftsbury, George Ld Carteret, S'. Peter Colleton, Seth Sothell A Thomas Archdale, Esq™., their heirs A assignes, one penny of lawfull mony of England, for every of ye said Akers, to be holden of them, ye s*. William Earle of Craven, Christopher Duke of Albemarle, Antho. Earle of Shaftsbury, George L* Carteret. S'. Peter Colle ton, Seth Sothell & Thomas Archdale, Esq™., iii free A comon soceage, the first payment hereby reserved to begin A to be made due upon y 29th day of F*", wcb- shall be in y yeare of our Lord , A y8 said A. B. doth for himselfe, his heirs, Execu'5, AdmrS & assignes, covenant, promise A grant to A w**. y s". W-. Earle of Craven, Christ Duke of Albemarle, Antho. Earle of Shaftsbury, George L*. Carteret, S'. Peter Colleton, Seth Sothell, Thomas Archdale, Esq"., A their heirs and assignes, in manner A form following, that is to say, he y s". A. B., his heirs & assigns, shall A will, from time to time, & at all times hereafter, well A trnely pay the s*. yearely rent hereby reserved to y s*. W-. Earle of Craven, Christ. Duke of Albemarle, Anth. Earle of Shaftsbury, George L*. Carteret, S'. Peter Colleton, Seth Sothell, Thus. Archdale, Esq™., their heirs A assignes. at or in Charles Towne, in Berkely County, in y s*. Province of Carohna. Pro vided always, A it is hereby agreed that if the s". yearely rent hereby reserved, or any part thereof, shall happen to be behind & * This is inserted in the margin. 406 EARLY HISTORY OF SOUTH CAROLINA. unpaid by the space of six Calender months after or over any of y s1. dayes of paym'., wherein y same is hereby reserved or made payable, there being no sufficient disstresse upon the premises hereby granted, then & in such case, it shall and may be lawfull to & for ye s". Wm. Earle of Craven, Christ. Duke of Albemarle, Ant. Earle of Shaftsbury, George L". Carteret, S'. Peter Colle ton, Seth Sothell, Thomas Archdale, Esq'8., their heirs & assignes, into y same Premises, & every part thereof, to enter & to take & receive, to their own use & benefitt, all & every y8 rents, issues & proffitts, so long & untill they shall thereby be fully satisfied & paid all arrears of ye s". rents, & all their reasonable charges^ damages & expences w'h. they shall from time to time suffer or sustaine, for or by reason of y8 non payment of y8 said rent in manner aforesaid : Provided also, & y said A. B. doth, for him selfe, his heirs & assignes, covenant and grant to & w"1. y s". William Earle of Craven, Christ. Duke of Albemarle, Antho. Earle of Shaftsbury, George L". Carteret, S'. Peter Colleton, Seth Sothell, Thos. Archdale, Esq., their heirs and assignes, that in case it shall happen that the s". yearely rent hereby reserved, or any part thereof, to be behind & unpaid by the space of ninety dayes over or after any of the said dayes of paym'., whereon the same ought to be paid by virtue of the reservation thereof herein before contained, that then & soe often it shall & may be lawfull unto & for y8 s". W™. Earle of Craven, Christ. Duke of Albe marle, Ant. Earle of Shaftsbury, George L". Carteret, S'. Peter Colleton, Seth Sothell, [Thos. Archdale omitted,] their heirs & assigns, from time to time, & at all times hereafter, into all and every of the premises hereby granted, or any part thereof, to enter & distraine, & y disstres & disstresses then & there found, to take, leade & carry & drive away & impound, & to detain & keep until they shall be fully satisfied and paid all arreares of y said rent. In Wittness Whereof, the said parties to these presents have hereunto interchangably set their hands and seales, the day & yeare first above written. White Hall, this 30«" of September, 1683. In our last wee gave you directions that, of the twenty members to be [chosen] this month for the bienniall Parliament, ten of them should be chosen at Charles-Towne [in] Berkley County, out of the inhabitants & freeholders that have five hundred acres in that county, & the other term at London, in Colleton County, out of the inhabitants & freeholders, soe quallified ' in that county. Now, for as much as wee are not certain that those orders arived you soon enough, and that the Parliament was not soe chosen, wee doe hereby order that you forthwith disolve the Present Parlia ment & call another, to be chosen according to those orders, and APPENDIX. 407 that in the writts you direct them to be chosen at both places in one & the same day, but if it was soe chosen that then that you doe not disolve the same. Wee are informed that there are many undue practices in the choyce of members of Pari""., and that men are admitted to bring Papers for others & put in their votes for them, wb. is utterly illegal & contrary to the custome of Parlia ments, & will in time, if suffered, be very mischeevious ; you are, therefore, to take care that such practices be not suffered for the future, but every man must deliver his owne vote, & noe man suf fered to bring the votes of another, & if the sheriffs of the Coun ties shall presume to disobey herein you are to commissionate eight other sheriffs in their Roomes. Whereas, we did by our order, dated the 21st. of November, 1682, give power to you, our Governor, to Rattifye & confirme in Parliament our fundamentall constitutions, dated the 11th day of August, 1682, wee doe now direct that you doe not doe it untill you receive further orders from us, for the Scotts have desired some additions that may be for the benefitt of the Inhabitants, and wee doe hereby repeale & make void the said Power to you Given. The Secretaries, Surveyor Generals & Registers Places being of great trust & requiring men of abillity for the executing of them, which cannot be expected unlesse the Places afford some proffitt Equivalent to their trouble, wee doe hereby strictly charge & re quire you not to consent to the passing of any act of Parlim'. for the deminishing the fees that have hitherto been taken by the offi cers until you have first consulted, us & had our consent for your 6oe doeing. We doe strictly charge & require you not to suffer any Indians to be transported without the Lycense of the Parli"". chosen, out of Both Counties, as we have above directed, & that you assemble the Pallatine Court to consult apart of all acts of Parli1"*. & Ly- cence for transportation of Indians, that they may give their nega tive if the major part shall think fitt. If any magistrate or other officer, that is commissionated by you, our Gov'., or chosen by the Pallatines Court, doe send away any Indian without produceing the same before the Parli"1*., & have their Lycence for soe doeing, wee require that you dismiss him from his office & place another in his roome. Given under our hands & seals. S. P. 0. N8- Carolina. B. T.,Vol. 1 Letter*from " Cardrosse," &c, to the Governor & Grand Coun cell at Charles Town. 25 March, 1684. Stuarts Towne, on Port Royall, y. 25 March, 1684. Honoured S'. : — The Bearer hereof, M'. Dunlop, one of our Number, haveing some occasions att Charles Towne, wee have laid it upon him to 408 EARLY HISTORY OF SOUTH CAROLINA. give you an account of y State of our affaires, that noe mistakes may arise betwixt you and us, which wee seem to have ground to bee jelous of, both from something wee have heard of late & from 2 Orders wee have seen to M'. Caleb Westbrooke, who liveth within this Countye and hath taken land from us ; the one being a Warrant to apprehend one Edenburgh within the Isle of S". Hellena, which is likewise within our bounds, and the other an order to M'. Westbrooke to appeare before you to give information touching severall transactions that are of late practiced to the Southward. And all this, without any notice given to us ; wee nothing doubt but that you all know the contracts & treaties that have been made betwixt the Lords Prop™, and us, and other of our Countreymen, which, as wee resolve to sincerely keep on our part, soe likewise wee expect and resolve to have them kept firme to us. As wee are confident the Lords Prop™, themselves, persons of soe great hono' and worth, will faithfully doe. Wee have the ties of liveing under the same Royall King and of haveing the same Lords Propriet'8, soe that it will never bee the true interest of any of us to lett Jealousies arise among us, especially att this tyme when wee have ground to apprehend the invasion of a Forraigner. Wee expected to have heard what yo'. resolves were after the perusall of the Spannish L'8. wee sent you, but as yett have not ; the bearer will likewise informe what sinistrous dealings Wina & Antonio, two noted Indians, have taken, both to stirr up the In dians in our parts one ag'. another & likewise ag'. ourselves, of which wee doe by this complaine & expect yo'. justice, of whom wee likewise heare that they entertaine a Spanish Indian, whom wee have ground to apprehend to bee a Spye sent from S'a- Au gustine, S'\ Maria or thereabout. Wee desire you cause deliver to the bearer those six guns the Lords Prop™, appoynted for us ; wee will trouble you noe further but remitt all to the bearer by whom wee expect a returne from you. Wee, Hono'". S™. Yo'. most humble Serv'"., Cardrosse, Will Dunlop, Hamilton, Montgomerie. To the Governo' and Grand Councell at Charles Towne, &c. S. P. 0. N8. Carolina. B. T., Vol. 1. Letter from " Cardrosse" to Governor Rob'. Quary. 11 July, 1684. Stuart's Towne, on Port Royall, July the 11. Most hono'"- Sir : — I have heard what the Resolucons of the Grand Councell were APPENDIX. 409 last meeting concerning mee, whereby I find the Councell Continue still in the appreheneon that I have committed some high Misde- meano', and looke upon my not appeareing as a great contempt of their authoritye. S'., I doe not looke upon myselfe as an English Lawyer, and therefore shall not bee positive in every notion I have taken of it. Yet my frequent converse in England with men skilled in Law, and the customes I have seen used there, made mee thinke that the first paper which came from the Grand Councell, in the nature of a warrant and in the way it was communicated to me, was noe legal way of procedure, and I found it proceeded on such a mistake that I concluded, on the least information, the Grand Councell wold turne the chace and notice what Dr. Wood ward had done, whereby, noe doubt, I would have been vindicated, and it would have appeared that my causeing apprehend Dr. Woodward, under such circumstances, was noe usurpation of Magistracy but a cleare owneing of and vindication of the author itye of the Grand Councell att Charles Towne ; when Mr. Griffith came last I was, as I still continue to bee, taken ill of the feavor and ague and soe could not answer then, nor can I expect, in a probable way, to bee in a capacity to waite upon the Councell in the Meeting it hath in August. I am fully resolved to come downe and to waite on you and it as soon as health and these heats, which f have not been accustomed with, will allow, which I hope will be in September, when I doe nothing doubt to satisfye you and all other gentlemen anent what I did, and make it appear to you all how much I desire to vindicate yo'. authoritye. And Pe ticon WK I and others have here signed severall dayes agoe, before I heard the last resolves of the Grand Councell, will evidence how much I and others here desire to bee in every respect and part of the governm*. and soe subject to it. I never was, and I hope never will bee, an enemie to the Governm'. ; I hope what I now write will soe satisfye you and the rest of the gentlemen of the Grand Councell that they will not further trouble themselves for sending for one who is very willing to take the first opertunity to come. I crave pardon for the tedious lyne in writeing, whereof I am forced to make use of another's hand, but I have presumed on the small acquaintance I have with you and on the character you now beare in the Government, of which I wish you much joy. I am, S'. Yo'. most humble Serv'., Cardrosse. To Rob*. Quary, Governo'. 35 410 EARLY HISTORY OF SOUTH CAROLINA. S. P. 0. N». Carolina B. T., Vol. 3, p. 160. Lords Proprietors to Gov. Jas. Colleton. 2 December, 1689. We wrote you the 1" of March last, & then sent you Orders for the proclaiming William & Mary, Prince & Princess of Orange, King A Queen of England, Scotland, France A Ireland, & the Dominions & Territories thereunto belonging, copy of wc". letter is herewith sent, least in this time of War the Original should be miscarried, & if you have not already proclaimed the said King & Queen, you are forthwith to do it with all decency you can. You say some persons have a mind to purchase their town lots, we are not as yet of opinion to sell them, they paying us only an acknowledgement, & we desire you to take notice that when any have a mind to buy land of ns, they must apply to us, & if we agree w'b. them we shall thereupon issue our order under our hands & seales, for your & the rest of our trustees passing a Grant for what wee have sold, for wee have not nor shall not give power to any in Carolina, to sell lands there & pass Grants for it with out order first obtain", for it und'. the hand & seal of the Palatine & 2 more of the Lords Prop'8., & if any without such order first obtained shall pass any Grant for Land sold, it is voyd iu itself, and those that buy are thereby deceived, for we shall allov^ of no such Grant, we not being bound by it. Yon must take the best care you can to prevent the running of Servants & negroes to St. Augustine, & for the getting those again that do run thither. Had the Spaniards been fairly dealt w'b. in the business of the Timagoa Indians, we conceive this had not been so much in- couraged by them ; those Indians ought to have been returned to them whosoever had bought them. As to what the Gov. of St. Augustine saith about his ord'8. not to let the English come South of St. George, We shall in due time take care therein. We are pleased to hear you have begun to make the people sign the Indentures. We have by this convey ance sent orders und'. o'. hands & seales about the Wharves at Charles Town, w8b. we are willing the severall Proprietors sh". enjoy to their own use, provided they wharve in that part also that is against the end of the Streets, & settle a method for keeping that in constant repair. We have also sent some further Instruc tions for the method of passing Acts of Parliament wcb. you are to observe. We are informed that you have fined a Minister £100 for preaching a seditious sermon, & imprisoned him until he pays it. Now we are told it is more than the man is worth, & that he hath acknowledged his error, Wherefore we w". have you remit it. Fines above men's estates, or so as to leave them not able to live, the law doth not allow of, and are voted a grievance by the Parliament here. As to the unruly behaviour of the Par liament, if it be for the people's good we are content with it, if it APPENDIX. 411 be not, the people will see the inconvenience of choosing such men. We w". not have you call another Parliament until there be an absolute necessity, & that you find the people see their error in the former choice, w*. they will do as soon as they see tlie danger that threatens them by these men opposing all resolutions that tend to the quiet & safety of the place. We rest, Y'. affect"', friends, Craven, Palatine, Ashley, P. Colleton, John Archdale for Thos. Archdale, Thomas Amy. To James Colleton. S. P. 0. N-. Carolina. B. T., Vol. 3, p. 161. Lords Proprietors to Governor Colleton. 2 December, 1689. We have by this Conveyance sent a sealed np Commission to be lodged with our Secretary, w'b. is to be opened if our present Governor sh". dye or leave the place, and that it sh". so happen that the person named in the sealed up Commission formerly sent be dead or not in Carolina. We understand that the ground wears away at Charles Town for want of wharfmg it, now we are content that every man that hath a lot on the sea shall have liberty to wharve iu the Laud before his lot in the said Town A take the profit of it to himself, provided that the persons who have the benefit of this our conces sion, do settle some way amongst them for the wharfing A keeping in constant repair the wharves against the ends of the streets, also so that there may be a wharf for the other Inhabitants to land their goods at w'hout charge. Y'ou are not to pass any Acts for the raising of money on the Inhabitants of Carohna, unless the major part of the persons chosen by the people that are present in Parhament at the reading such Act give their consent to it. * And if any three Members of Parhament shall protest against any Act that is passing, that is contrary to our Fundamental Constitutions, You are then to proceed in the passing such law as it is in such case provided by the said Constitutions. You are to cause this our Order to be recorded and filed, and to take'notice of it as part of our Instructions for the Government. Given under our hands and seals, this 2J of December, 1689. Craven, Pal'*. Ashley, P. Colleton, John Arohdale for Thos. Archdale, Thomas Amy. 412 EARLY HISTORY OF SOUTH CAROLINA. To James Colleton, Esq., One of the Landgraves and Governor of that part of our Pro vince of Carolina that lyes South & West of Cape Feare, & to the Governor for the time being, & our Deputyes. S. P. 0. N°. Carolina. Vol. 3, p. 161. Lords Proprietors to Andrew Percivall. 18 Oct. 1690. London, this 18*6 of Oct'., 1690. Sir, Wee have received your letter dated 11th of March last, in which you write that it was publish", by beat of drum in Charles Town, y*. all persons that took lands by former as well as by latter order, & that have not grants for the same must pay arrears. This was never intended by us as you may see by our Instructions for granting of land bearing date 10 May, 1682, which are or ought to be upon record in Carolina. Our pleasure being that all such persons that had pretensions to land before the publishing these our Instructions should not be required to pay the rent until ye time appointed by those our Instructions for granting land, that were in force at ye time of y8 arrival of such persons with their servants to plant in Carolina, Our intentions alone being and ever shall be to deale justly & fairly with all men. As to the changing Agrarian Laws, those laws were only an agreement among our selves how our lands sh". be divided, & to be chang". when we saw reason for it, And wee always made y terms on which wee granted our lands public, so that every man might know what they were, & if he had dislik'd our terms he might have let o'. land alone ; We compelled no man to take it, and as to y grants by way of Indenture, It is y manner lands are granted here whereon rent is reserved, & tho' the rent mentioned be 1". p'. Acre to avoid disputes, yet we always intended if money were not to be had to take o'. rents in Commodities at price courant, & before the rec*. of yo'. letter had given o'. order to o'. Recivo'. so to do, & if the Inhabitants bee decreas"., We are of opinion if the reason be well inquir". into, it will be found to be the fault of some of the 1". settlers, who if we are rightly informed have omitted no en deavours to discourage any people of worth that have come amongst you ; Was not my Lord Cardross & the Scots that came with him affronted by them ? was not there a Cabal held in order to y8 discourage, Landgraves Morton & Axtel5 by whose in- couragement above 500 people arrived in Carolina in less than a month's time ? have not endeavours been used to discourage the French & by keeping things in no settlement, discouragement given to all sober men from coming amongst you or indeed staying with you ? APPENDIX. 413 We made no alterations in our Constitutions aft'. y Is' of March, 1669, until desired to do it by some who intended to settle in Carolina, & the alterations made in 1681, gave y encouragem*. to go there to y great number that went there in. that year & the next, the alterations made afterwards was at the solicitations of the Scots, who intended to have sent 10,000 people there but would not be under y Governm*. of Ashley River, unless those alterations were made in the Constitutions they desir". w°°. altera tions gave great satisfaction in many wealthy sober men here, who had intent to transplant themselves to Carolina, & many of which were discouraged from proceeding hearing those Constitutions were refused in Carolina, & had things been settled, We doubt not but there would have been many 1000 men in Carolina more than there is, for wise men & who have any thing will never come into a Country where there is no settled Goverm' that frees them from Oppression, for all the alterations in the Constitutions are bnt further limitations of o'. own power, & putting more into the people's or their representatives, as yourself may see- if you will but take the pains to read the severall Constitutions. We have been inform*, that a law for raising of powder being propos". the Parliament refus". to pass it, unless they might insert some untrue reflexions upon us, & in ye name of Jas. Colleton, Esq'., without his quality of Governo'; This Act had been in itself illegal, if so passed, for power by the Charter is given to us by name, our Heirs, &c, to pass laws, they ought all to pass in o'. names as hath been formerly used, & because the men that pro posed this irregular course were not humour'd in it they would pass no law at all, & leave the Country to be over-run by either Indians or French, & in this necessity the Gov', thought fit to publish Articles of War, that care might be taken the honest well minded people might not be ruined by the perseverance of o™., By o'. Charter from the Crown power is given to us to exercise Mar tial Law, We shall not presume to say Magna Charta is or is not in force in America before that point be determined here it being disputed, nor shall We be so presumptuous as to determine the King's prerogative, & say the King could not give us power to exercise Martial Law in Carolina, But since all Patents must pass the Attorney or Solicitor General, y Privy & Great Seales, & that if any of those Officers pass any thing against law they are questionable for it, We conceive they w". not have inserted or pass", this pow', unless they had been well assured the King by law had power to grant it ; But sure we are we shall never make use of this power, but in the greatest extremity ; We think the Order of Council passed 26 Feb'., 1689-90, ordaining all men to appeare, &°., to be a very good order & may be sufficient if yon assist in it, to oblige all men to appeare wtb. their arms when com manded so to do by their Officers, & if any refuse they may be indicted & punished, but if this will not do, wd. you be content 35* • 414 EARLY HISTORY OF SOUTH CAROLINA. to have your person and estate exposed to any small number that invade you either of Indians or French. M'. Percival, God hath blest you with a very good Estate in Carolina, but the co'urses that some Men in Carolina take, will certainly put it in a great hazard to be lost, for we cannot with a good conscience as things stand, advise any man to come amongst you for we value o'. honor before any thing we have in Carolina, We have a value for you as a sober industrious man, A shall be very ready to do you any kindness that is in the power of Your very affectionate friends, Craven, Palatine, P. Colleton. To Andrew Percival, Esq'. S. P, 0. N». Carolina, B. T., Vol. 3, p. 180. Lords Proprietors of Carolina to the Grand Council of South Carolina. 13 May, 1691. London, this 13'" of May, 1691. There hath been sent us a Paper signed by Andrew Percivall, Robert Quarv, Ralph Izzard, George Muschamp, John Berris ford, and John Harris, and findeing by the s". paper as alsoe by Mr. Sothell's letters accompanyeing it, that there is intentions to send two persons to us to informe us at large of all matters, Wee shall forbeare to answer all y particnlers contained in the s". paper untill wee have heard what the s". persons have to say, But wee think fit at present to let you know the constitutions so called and dated the 21 of July, 1669, Wee doe not, nor cannot owne as ours, or ever intended to be made use of as such by us, nor was there ever any alterations made in any of the Constitar tions, 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 severall alterations may plainely perceive ; the last in date still boundeing onr owne power most, & putting more into the hands of the people, and w8b. alterations were made to noe other intent but to invite people to goe there that yo'. strength and security might be increased, and great.nnmbers of peoples invited by the amendm1'. wee had made in our Constitu tions had come to you from all parts of the world had not newes come from Carolina, that the alterations so much liked here were rejected in Carolina, and the Lord Cardross and others affronted and barbarously used the first day of their landing in Carolina, by those very men that promoted the rejection of the amendments, they gave over their thought of gocing to Carolina, w**. is the APPENDIX. 415 true reason sfl few have come to you since but the French, for the Scotch did agree to pay us a peny p'. acre certain, and take their grants according to our forme, as their contract with us, wc\ you have in Carolina will make apeare, and that demonstrates that it is not the forme of our Grants makes men forbeare goeing to Carolina, for the forme of our Grants were publiquely shewed here, web. discouraged noe man, nor will people come there untill things are better settled, nor can wee w"\ honor or a good con science invite men to come amongst you, for wee will not deale disingeniousely w"'. any man upon any consideration whatsoever, nor, if wee would, have wee power to compell men to come and live, and continue under a goverm'. they do not like, or amongst persons the unquietness of whose tempers will allow of no peace or settlem'. Men will dye in Carolina for some time faster than they are borne or grow up, and if none come to you yo'. numbers will by degrees be soe diminished that you will be easily cut off by the Indians or pyrats, wcb. we leave to be considered by you, that you may know the consequence of hearkneing to men of unquiet and factious spirits. We are informed there are some men in Carolina that pretend to have power to dispose of our land in another forme than wee have prescribed, and also to sell our Lands, & receive y money for it, and alsoe our rents. To prevent people being deluded in this matter, and compell". to pay money twice, Wee require you to publish that wee allow of noe grants or conveyances of Land, but such as shall be by the persons by us intrusted, and in the forme by us prescribed for that purpose by our Deed, under our hands and seales, beareing date the 19lb of Nov'., 1689, nor shall wee allow of any aoquitances for rent, or other money due to us, but for such money as shall be paid to Paul Grimball, Esq'., who is the onely person intrusted by us to receive our rents or other moneys that are or shall become due to us in Carolina. Wee did the last year send our orders to our s". Receiver to take our rents in peeces of eight, or where that was not to be had in the productions of the countrey, as it will apeare by our s". orders to. that purpose by this Ship, least the former may have miscarryed. Our intentions haveing always been not to put hardships on our Tenants, or to require impossibilitys from them ; nor had wee thought of changeing the forme of our Grants, had Wee not, been well assured that the unquiet factious men amongst you gave out they would perswade the people not to pay us but at their own will and pleasures, unless they might be in such Offices as they desired, by whose cubing Insinuations some weak and unprincipled men might have been wrought upon to beleeve them, w8". might have created misunderstandings ' between us and the Inhabitants, w°". cau never sute with the prosperity or safety in Carolina. It being a good correspondence between the Prop""', and the Inhabitants, that wilh encourage others to come 416 EARLY HISTORY OF SOUTH CAROLINA. to you, and must make that Countrey prosper anB increase, to w8". wee shall be always ready to contribute all that wee can with yo'. safety and our owne honours. Wee have been long sensible of the Jealousys and heart-burn ings occasioned among the principall Inhabitants of Carolina by their endeavors to have more trade with the Indians than their Neighbours, and wcb. hath often hazarded the peace and well being of the Settlement, Wherefore wee should be glad to receive from you for our Confirmation, a draught of a Law for the regu- lateing of that Trade penn". in such maner as it might secure the peace of the Settlement, and yet leave all men at liberty to have an equall share and advantage of the Trade. Wee rest Yo'. affectionate Friends, Craven, Palatine, Ashley, Carteret, P. Colleton, John Archdale, for Thos. Archdale, Thos. Amy. WW To our Grand Council of that part of our Province of Carohna that lyes South & West of Cape Feare. S. P. O. N°- Carolina. B. T., Vol. 3, p. 119. Lords Pro", of Carolina to Seth Sothell. 13 May, 1691. London, this 13'b May, 1691. S'., Wee are informed that yon have by force taken all ye records of Carolina out of y8 hands of M'. Grimball, our Secretary, although y s". Grimball was cohiissionated by us to be Secretary under our hands and the great seale of our Province. In w\ maner wee found it absolutely necessary to have our Secretary comissioned, that he being an Officer of the greatest trust in the Goverm'., next to the Gov'., might have his dependance on the Prop""', in "generali, who are answerable to the King for the good or evill Goverm'. of his Subjects, and untill wee had thus Comissioned M'. Grimball, Wee could never have the copies of those Records and Papers as were necessary to enable us to satisfy y King in such matter as he had or might inquire of us. Wherefore we must adhere to haveing our Secretary intirely dependant on the Prop'8™. in generali. Wee are also informed that you have imprisoned the the s". Grimball, because he would not deliver unto you the records and seale, with the custody of w"=h. he is particularly intrusted by U3, for the sealeing Grants for Land ; onely this Imprisonment, if APPENDIX. 417 it be as we have heard, is Illegall and so arbitrary and tyrannicall and in so much contempt of our authority, wee doe not well know how to beleeve it. But that wee may know the certain truth of these matters, Wee have impowered Landgrave James Colleton, Tho. Smith, Stephen Bull, Ralph Izard, and John Fan-, Esq'8., to make inquiry upon oath, and certify to us how they find it, and withall to take duplicates of the depositions of the Witnesses, and send them to us, that Wee, ourselves, may bee satisfyed their report of this matter is without prejudice or partiality to any party. And wee doe hereby charge and require you to restore the records and seales to the said Grimball, If it be true that you have dispossest him of them, and to suffer him quietly to execute and enjoy the place of Secretary w8b. wee have conferr". on him. Wee are alsoe informed that you have put M'. Skenking out from being Chief Judge or Sheriff of Berkly County, and have comissioned Mr. Quary for the s*. place, a person by us ordred to be put out from being Secretary, for recciveing of Pyratts whilst he acted -as Governor, (without any authority from us,) and other his Misdemeanours, while he was Secretary. Wee have heard no complaints of Mr. Skenking for injustice or opression, and wee think it is not for the King's service or our owne honor to have a man turned out of imployment who hath behaved himself faithfully therein. And it being the Proprietors in generali that are re- sponsable to the King for any failure of justice in Carolina, that Judges may not be to much in the power of any Governo', but ma'y without danger of being turned out, doe justice equally be tween any man in power in Carolina, and any other of the Inha bitants, Wee have thought fitt to reserve to ourselves the power of apointeing Judges or Sheriffs of Countys, and have now sent a Coihission, under our great seale, to Mr. Skenking, to be Cheef Judge or Sheriff of Berkly County, whom wee require you to per mitt quietly to execute that office, who wee hope and are con fident will doe equall justice to all men, whereby the people, to avoid being ruined, may not be compelled to doe as they did at Albemarle. Wee rest, Yor. affectionate Friends, Craven, Palatine, Ashley, Carteret, P. Colleton, John Archdale, for Tho. Archdale, Tho. Amy. » To Seth Sothell, Esq. 2B 418 EARLY HISTORY OF SOUTH CAROLINA. S. P. 0. N°. Carolina, B. T., Vol. I. To the Right Honorable Seth Sothell, One of the Lords and abso lute Proprieters of the Province of Carrolena, — Chanceller, Governor and Comander iu Cheefe of all theire Majestes Forces in the said Province. Right Honorable, Please to admitt of an address which, though itt containes little elce besides the relation of those mistakes wcb. usually attend affaires transacted at a thousand leagues, and the uneasiness all- wayes subsequent thereto, yett at this time is the happy result of yo'. Hon'8, arrivall into this part of this Province, for the reave- rence and fidelity which we sacredly owe to all the Loards and absolute Proprietors of this Province, and the certaine knowledge we had y*. thaier Lordships in generali ware neaver rightly informed of their affaires here, hath now, for many yeares, encoraged us to a patience under vvcb. we have not permitted ourselves, even to sighth soe loud as to be heard by their Lordships ; yett, over joyed with your presence, we are of a suddaine full of hopes, y*. all which is amiss will be amended, and those miserable disquietudes and uncertaintyes woh. we have labored under, will be no more heard of, except in the method the Lords Propriet™. shall be pleased to use in the ablution of them. The age of the story we are to tell and the variety of matter, will not admitt of a very short discourse, but we shall industerously avoyd prolixity and pharaphrase, & shall onely give a trew and plaine narative of affaires which, wee hope like things demonstrative to the scences, will, at first sight, sufficiently express y8 knowledge of the malady we would have cured. And we, in most humble manner, beg the favor of y Hon', to peruse this paper y'selfe, and send it his Excel8'., the Pallatine, & every other of the Lords Proprietors singly, with such advantage to this Country, & such candor and favor as yo'. Honnor hath soe often, since your arrivall here, given us reason to expect from your goodness. Bee pleased, therefore, to be informed that in the Yeare 1669 the Right Hon'118., the Lords & absolute Propriet™. of this Province did encorage, by seaverall galious consessions, seaverall people to come in their Vessells, provided by them, to inhabitt this part of their province, [Ashley River] and w'b. the said people, did send one Commission under their hands and y greate seale of the Province, dated the 26tb day of July, 1669, directed to Col1. William Saile, Governor, & others, his Chancellers & Assistantes, with Instructions allsoe for Government annexed to y same, y'. their Lordships did allsoe ' send w*b. the said Commission and Instructions, Fundamental Lawes, Constitucons under the hands & Seales of six of their Lordshipps, and beareing date the 218'. day of July, '69, as the • APPENDIX. 419 . unalterable forme & rule of Government for ever, for their Pro vince of Carrolina & the Inhabitants thereof, and the Governor and_ Councilors are five times refered to the same in the said Comission and Instructions, and farther to induce those fundmentall Constitucions, which ware fairly engrossed in parchment, and signed and sealed as aforesaid, by a higher and more sacred and solemne manner then any article in them did require, and then hath since been prescribed upon the proposall of any other Lawes or Fundamentall Constitucions whatsoever, all persons were required by the said forementioned Institucions to sweare submission to the said Fundamentall Constitutions before they could be admitted to take up Lands or have y Honno' of beinge Comon8™. of the grand Councell ; and seaverall hundred of the people arriveing here, did sweare accordingly. Wee are the more exact in this relation because it hath been of greatest moment w'b. us here, and because, to our greatest admiration, wee have seen a letter read in Parlia ment y8 14th day of Feb'. 1681, dated y8 3rd. of March, 1686-1, & signed by their Lords88., the Earle of Craven, the Lord of Bath for the Lord Carterett, his late Grace, the Duke of Albe marle, & Sr. Peter Colleton, wcb. utterly denyed the said Funda mental! Constitutions, declaringe them to be but a Coppy of an imperfect Originall, & much more, wcb. wee are not willinge to write, nor will we here answer the particulars, in all wcb. their L"ships are misinformed, least we should seem to love contention, while our designe & humble supplication is wholy to desire the Lords Propriet'8. to be rightly informed, and in this case we shall doe noe more but humbly refer yo'. Hon'. & their Lo"sps to the records in the Secretary's office, w8\ will (we doubt not) plainly shew y'. nothinge betweene the Lords Propriet™. & the people hath been transacted soe sacredly and w'b- soe mutch solemne caution on their Lo'"sp8. parts as this affaire of the fundamentall constitutions dated the 218'. day of July, 1669, & how many soever of their L"sps. signed & sealed any other Constitutions in England none ware ever publickly seen here subscribed & sealed wtb. more hands & seales then those, & (allwayes reaservinge the respect and honnor y'. is due from us to each particular Loard Propriet'.) we humbly take notice that his Grace, the Duke of Albemarle and the Earle of Bath weare not concerned in the propriety o.f this Pro vince when those fundamental Constitutions ware made & his Excellency, the Earle of Craven, hath allwayes been obleidged to attend the grate affaires of the kingdome soe neare the Royall Throne That it is not rationall to beleive that his L"3p can remember such sort of particulars as are sett downe in y'. Lett'. for neare twenty yeares togeather, and wee are alsoe assured that his L"'p keepes not the Secretaryes office or indicted the Lettor and therefore we leave this matter to be adjusted (if now any occasiou remaines) by the records of the Grand Councell here, and the whole circumstances of the matter duly related. 420 EARLY HISTORY OF SOUTH CAROLINA. That afterwards ye L"8. Prop™, did send to their Governor & Counsell here new Instructions, under their hands and Temporary Lawes, und'. their hands & seales, both dated the 10"1 of May, 1611, and those Instructions did seeme in one article to direct to some fundamentall Constitutions which had not before been scene, & about Feb'., 1612-3, the Governor Co11., Joseph West, did pro pose to the Councell, in the name of the Lords Propriet™., a booke of new fundamentall Constitutions, under the hands and seales of their Lod8ps., and dated the first of March, 1669, to be subscribed, unto by all men, as the sacred and unalterable forme & rule of Goverment for ever for this Province of Carolina, and afterwards, in the yeare 1611, the same fundamentall Constitutions were again by the s". Coll. West, in the L'ls. Prop™, names, proposed in Par liament as before in Councell, but thay were received in neither, because the people had all sworne to the Constitutions before- mentioned, and here we humbly desire y Hono'. to observe y*. in a letter dated the 16'" of I8". 1671, y'. their Lo"SDS. are pleased to write, that the fundamentall Constitutions were the termes upon w86. people had settled in their Countrey, and that therefore the people had reason to expect they (y L"8. Prop'8.) should (as they did resolve to do) make them good to them, & at y*. time y8 fun damentall Constitutions, dated the first of March, 1669, were not sent hither or knowne to be made, wob. further appeares by another Lett', from their Lo",D8. to the Governor & Counsill here, dated the 26th of June, 1672, in which their Lordships write y*. therew'\ their printed fundamentall Constitutions, which are those dated y Is' of March, are sent, and that Lett', with y said fundamentall Constitutions were received here the 8"1 day of Feb', followinge, & then ye said fundamentall Constitutions are first declared by their Lod!D8. an authentique Coppey, & in the said Lett'., allsoe subscribed by fower of their Lordships, (wch. had allsoe signed and sealed the fundamentall Constitutions, dated the 21s' of July, 1669,) their L",p8. are pleased to condesend to give such reasons for the alterations k additions in y printed Coppey & difference from the former, y'. it plainely appeares their Lordships disownes y former fundamentall Constitutions, (to w8b. y8 people generally had then three yeares been sworne,) & are pleased to add that their Lo"8"8. are now resolved ultimately to stick to the printed fundamentalls without any further mutation, but we humbly refer yo'. Hon', to y said letter it selfe, wcb. seems to know nothinge of the reasons given in the other Lett' before mentioned, & dated y8 3d of March, 1686-1. We shall not adde upon this matter further then y*. we are well informed y'. these printed fundamentall Constitutions have beene & are y8 establisht rules of Goverment in Albemarle County in this same Province, and there confirmed in Parlm'., & that allsoe in this Goverment the'Lords Propriet™. did, by severall Temperary Lawes & Instructions & Lett™., under their hands & seales, (before y yeare '82,) about twenty-five times, APPENDIX. 421 direct y*. the Government should be carried on and maintained accordinge to them. That afterwards, in y8 yeare 82, the Lords Prop™, were pleased to send one other new fundamentall Constitutions, under y hands & seales of six of their Lordships, & dated the 12"1 day of May, 1681, to be and remaine the sacred and unalterable forme and rule of Goverment of Carrolina for ever, and w*b. the same did alsoe send a letter, dated y 10th day Of May, 1682, in which they were pleased to give certaine reasons for not first proposeing y said fundamentall Constitutions to the people, and farther declar ing that they did not pretend at any time hereafter to have power to alter any thing in the fundamentall Constitutions, and without the peoples' consent, but at the sametime did more authentiquely by certaine Instructions, under their handes & seales of the same date with said Lett'., (w8b. was under their hands onely,) direct & order y*. noe person should be chosen a Member of the Councill or Parliment, or have the liberty to chuse the Land due unto him before he subscribed submission to y new forme of Goverment established in this last fundamentall Constitutions, and the people rememberinge their Oathes to the first, and deeminge these not to be agreable to the Royall Charters, which direct the assent and approbation of the people to all Laws and Constitutions, did deney to receive the said fundamentall Constitutions. That a short time after this (before- any newes of denying ye third could be heard of in England,) an other fundamentall Con stitution under y hands & seales of fower of the Lords Prop'3., & under the grate seale of the Province, and bearinge date the 11"> day of August, 1682, were sent to and proposed at the Councill board to be received and subscribed to, wcb. fourth for the same reasons ware refused, as formerly the second and third, the Lett™, from the Lords Prop™, dated the 20'" of 988', 1682, & the 13'" of I88', 1683, did declare noe other reason for the suddaine alteration, but y*. it was done at the request of the Scotts & other Considerable person. That afterwards y L". Prop'8, did, in a letter dated the 13'" of 1b8r, 1683, revoke till further order the power given before to the Governor to confirme and rattifye in Parliment y° said fundamen tall Constitutions, dated the 11lb of May, 1682, & were pleased to give as a reason for their soe doinge, that the Scotts had desired some aditions might be made for the Benefitt of the people, but one of their L^p5. in June following, writt to S'. Richard Kyrle, Governor, y*. the reason was because the people were perswaded to reject them by seditious persons, & therefore for stoneinge y Lords Hon', the people should petition for y*. they were per swaded to reject, which notwithstandinge wee further in all humility informe yo'. Hon'. That the Lords Prop™, did soone after send certaine Instruc tions under their Lordships hands & seales, dated the twelfth day 36 422 EARLY HISTORY OF SOUTH CAROLINA. of March, 1684, containinge thirty-eight articles, and in the thirty- eight articles thereof did repeale and make voyd all former Instructions and Temporary Lawes whatsoever, and ordered that y8 third fundamentall Constitutions should be subscribed, sub mitted to & putt in practice as unalterable, &c. Whereupon the Comon'8., Representatives of the people in the Grand Councill, did enter one protestation in the Secretaires office, dated the of December, 1685, against all the Articles ofthe said Instructions that did direct y Government to be according to the said third fundamentall Constitutions, dated the 12th day of January, 1681, (againe imposed) & against all other fundamentall Constitutions whatsoever, except the first to w8b. the people had sworne as afores". That upon the nineteenth of 91'8', 1685, y8 Parliment wch. consisted of eight Deputyes to the Lords Prop™., & twenty Comoners (one whereof was absent,) did meete at Charles Towne, and Landgrave Joseph Morton did, accordinge to the Lords Prop™. Instructions, call all the Members to subscribe in a book to maintaine their fundamentall Constitutions (Wh. by the Instruc tions beinge declared) to be those of the 12th of January, 1681, twelve of the nineteen did refuse to doe because they had sworne to those dated the 218t July, 1669, and therefore were ordered by the said Governor to avoyde the bowse, and the seven Comoners remaininge wlb. y eight Prop™. Deputyes, did (without them) proceed and enact severall Lawes for the Goverment of the Inhabi tants in this Collony, & the 12 excluded Members did protest against the illegality of their exclusion, & as appeares by their protestation under their hands & seales, dated the 20lb day of 9"8', 1685, & given into the Govern™, hands in the Parliment howse, the 24"1 ofthe same month. That while Landgrave Colleton was Governor, a Comittee in a Parliment was appoynted to inspect the fundamentall Constitu tions' & propose such alterations as they should thinck fitt ; the worke grew volumious suddenly, but in another Parlim*. all y'. was layd aside for some heates ariseinge in the howse, Landgrave Col leton did, upon the 14th of Feb'., 1687, in some passion, produce the above mentioned Letter from the Lords Prop™., & directed to the Governor Deputys Councill and Parliment, and dated the third of March, 1686-7, and comanded the Clarke to read itt, & there upon it was afterwards recorded in the Archives of the Grand Councill & an authentique Coppy taken of it, and in two Parli- ments, since the Comoners of the Parliment, as well as y8 Governor and Lords Deputies, have deneyed to act accordinge to the first fundamentall Constitutions disowned by the Lords Prop™, in the said Lettor, and the people haveinge not accordinge to the Royall Charters assented or approved of any fundamentall Constitutions in Parliment, have unanimously declared y*. the Goverment now is to be directed and mannaged wholy and solely accordinge to the said Charters, and in particular the last Parliment did deny APPENDIX. 423 that any Bill must necessarily pass the Grand Councill before it be read in Parliment, and did profer for the maintenance of peace and justice, to assent to & approve of any Law for y'. end, to be made according to y8 directions and commands in the said Royall Charters [1689?], but the Governor and the Lords Deputies pressinge to proceed as formerly, viz., by havinge all Bills first past the Grand Councill, nothinge was don, and at this time not one statute Law is in force in this Colony. That as soon as y s". Parliment was dissolved, some few people, mostly the most ignorant, were w'b greate industrey put upon, and perswaded to subscribe a petition to the Governor, for settinge up Martiall Law ; soon as the French in towne ware tould it was onely to cause a guard to be kept in Towne, others ware perswaded by the Governor himselfe to petition him, and y names of sum people put to the petition wlhout. their knowledge or consent, and then, on the 18th day of March last, the Pallatines Court, withoute adviseinge w"1. the Commoners of the Grand Councill, published certain Articles of War, still permittinge preposterously the Courts of Common Law to be kept open, against this y Comone™ of the Grand Councill earnestly, with all due reverence, desired to be heard speake, and shew how little necessitye or law there was for such unusuall methods of Goverment in a Country where all people were soe obedient & peaceable, but were denyed absolutely by the Pallatines Court, which caused the Comon". to draw one protest against the said martiall Law, but least they should put in the s". protest at the Councill board, the Councill was shifted, and orders given that noe notice should be given them, whereupon they offered to file the said protest in the Secretaryes Office, but the Secretary would not receive it. Hereupon the whole Cuntrey imediately was exceedingly disturbed ; those few that had signed the Petition cryed out they were betrayed, many prepared to leave the Cuntrey, but most people were soe weary of the discontents that attended their thoughts upon this illegal, tirannical and oppressive way of Goverment, that they were more concerned to be provided against their friends & fellow Subjects here then the publick Enemy abroad, and the ferment grew soe high that nothinge but despera tion was generally observed among the people, the miserable con sequence of which was blessedly evaded by yor. Hon™, arrivall ; but to abate these discontents an imprudent and dishonorable dis- corse was spread abroad, that the Martiall Law was put up the better to come up w*\ som persons that had disoblidged the Pallatines Court, and as such Illegall and arbitrary proceedings are comonly maintained by falshoods, & the meanest and basest meanes, the late Governor & Deputies did, in all their private dis courses, affirme that there was noe other way left but to governe by Martiall Law, because the Comons of the late Parliment had absolutely denyed to make Laws for the Goverment of the Millitia, and to provide for the defence of the Countrey, whereas the said 424 EARLY HISTORY OF SOUTH CAROLINA. Comons did then and 13 of them have since sworne, that they, the whole Commons, did propose to pass an Act for the Establishment of the Militia, and further as in the Coppey of the said Oath herew''J. sent is fully declared ; but these low falsities beinge soon discovered, the Articles of War ware for somethinge not severely put in practice, but in this case, as in all other publick actions, an endeavour was made, upon pretence of this Law, to stopp all persons from going abroad to trade with the Indians, while the late Governor was providinge to send himselfe, and did, allsoe, after a little time, goe in his owne person out of the Settlement, and comanded agen, as formerly, noe Yamassee Indian to goe and assist any man in trading but himselfe, and then sent people to trade, &c. But we shall not further observe upon this tirannicall Martiall Law, but leave it in the grave yo'. Hon', hath throwne it into, rendringe our mos' humble thanckes to you for yo'. Justice therein. That y methods which those principally entrusted by the Lords Prop™, have, for many yeares, used for the imposition of the seaver all fundamentall Constitutions afore mentioned, have caused much uneasiness and trouble to the good Inhabitants of this Countrey in generali and many persons in particular, have felt upon the least surmised occasion the indignation, rather then y justice, of those that governe here, and many thousands of people have been detered from cominge hither to the disconsolation of those that are here, & y disprofittof the Lords Prop™, and many alsoe left the Cun trey, being not willinge to live constantly after soe uncertaine and unqniett a rate. That there is frequent mention of Indian Deallers in the Lords Prop™, letters to tbe Goverm*. here, w*b. severe reflections upon them ; but both before and since those Lett™, great endeavors have bin used to monopolize the whole Indian Trade, but wee forbare to mention here the whole matter because we cannot doe it w'hout reflection upon som of the Lords Prop™., and soe wee onely in stance that the late Governor Landgrave Colleton (who is believed, upon rationall grounds, to have a partner in England) did w'h. y G". Councell make an order that, to prevent quarrels and blud- shed, noe persons should goe in to y inlands to trade with the Indians, and some persons were troubled for their disobedience, but the said late Governor sent out Englishmen and Indians, con trary to the said Order, and, under a frivolus pretence, did co mand and enjoyne the Yamassess Indians, The onely people fitt to assist the English, in a way of trade to the Inlands, not to goe w'b. any person w'soever w'bout his order, and, though wee have never wanted courage to regulate, by Lawes, the Indian Trade, so as that the Colony should not be in any danger from thence ; yett wee have been alwayes interrupted and obstructed by such private doings as these. That we have often received Lett™, from the Spanish Governor at St. Augusteene wcb. wee use to answer w'b. APPENDIX. 425 courage and wee hope w'n. prudence ; but the Spaniards did in vade us in the yeare 1686, destroying severall Plantations and mutch stock, and most barberously burned alive one of our people, and caryed others away into captivity, and ye whole Country did resolve, by fresh pursuite, to be revenged upon them ; but the late Governor arriveinge here forbid it at that time, and afterwards, when a new Governor, at St. Augustine, did send a Fryar and a Lieut, to treate wtb. the Goverm'. here about all differences, &'., the Governor here (Landgrave Colleton) did not advise wlb. the Common™, of the Councill about the matter, (unless once when he desired the Spanish Messenger should, by their consent, be maintained out of the publick Treasury,) out did, contrary to the Honno' of the English Nation, pass by all the bloody insolencys the Spaniards had committed against this Colloney, and did, with others, enter into a Contract of Trade w'b. the Freyar and sent goods with him ; wee are of oppinion wee ought not to be angry at a trade with the Spaniards, but as Englishmen, who wanted not corage to doe themselves Honora1"8 satisfaction, we could not but admire y. soe execrable a barbarity committed upon the person of an Englishman ; & the great desolation y'. was made in the South part of this Settlem'. should be buryed in silence for the hopes of a little filthy lucre, wcl1., however, was missed of, because y Fryar never sent the retournes promised, but the Spanish Governor, in money, sent what he thought was the prime cost, but would never send back the Negroes y' have run away from hence theither send- inge onely complementinge and faire promiseing Letters, while the Negroes are actually imployed in buildinge a Fort on this side St. Augustine, and demandinge the Christian Spanish Indians, the Scotts, formerly settled at Port Royall, did cause to be brought to them, & which (most of them) were sent off to other Countreys and sould as Slaves, and about which action the Governor & Councill here writt, at large, to all the Lords Prop™, in a letter sent in the yerre 1686 to one of their Lordships by Capt. Ralph Crow, but of wcl1. wee have never heard since nor can understand that all the Lords have seene it. That the Deputies and other Magistrates and Officers, Civill and Military, have been every day put out and others put in, without any respect to their qualityes, parts, honesty or other abilityes, and the Comoners of the Grand Councill turned out, under pretence of misdemeanour, for any unwary action or word committed or said out of 'Councill or over a bottle of wine in a taverne ; and this hath been and may still be done with ease, for there is but eight Comoners when all the places are full (which seldome happens of late yeares) and if one of the Deputies charge one of them w'1. any action or word, misdone or said, the person accused must stand by, and then there is eight Deputies to vote against seaven Com oners, w8b , not onely in this case but in all others, make the Grand Councill wcb. is alsoe all Courts of Justice, except the County 36* 426 EARLY HISTORY OF SOUTH CAROLINA. Court, and receive, allsoe, appealls from y', be wholy in all its Judgments, Acts, Orders and Ordinances as the Governor and Deputyes please, and they not onely have a negative but an affir mative upon all occasions, and to justifye all this doe record y" matters as they please and have entred men present when absent, &'., as we are ready to prove. That severall Gentlemen, wholely unknowne to the Lords in general], have been turned out of all places of Hon', or profitt and forbid to be admitted to any by Lett™, from the Lords Propriet"., and the said Gentlemen never soe mutch as spake to or called to answer for any misdemeanor they had committed contrary to all justice and equity, and when some fault hath accidentally, and not to themselves been imputed, as perhaps sending off of Indians, Slaves, Sp., the persons accused have been ready to clear themselves, and to declare and prove other reasons for such their usage, and in particular y*. y8 crimes they were charged with were in the badest sense imputable to those that informed against them. That a Commission was sent to examine some Witnesses about some Gentlemen dealeing with, and this Commission was directed to those y'. were generally most guilty, & the Comiss"8. being lost the Cohiissionars signed and sealed an othoV new Comission for themselves to examine the matter, & then did proceede to examine Witnesses after such a partiall manner as never was heard of, in particular askinge the Witnesses whether they did not meane soe & soe, contrary to the words of the Witnesses, and another said to an ignorant man, a Witness, Come friend, tell me in short y heads, and we will have it put into forme, &c., and at last the Gentlemen were cleared, & considering the dealeing some of these Comissioners had then had (as well as since,) w'b. those Piratts it was easily conjectured that these Gentlemen were intended to be exposed upon the accoumpt of particular dissatisfaction concern- inge other matters taken against them by particular persons, but since we have said the Lords Prop™, did send the said Comission & lett'8., we doe here with all sincerity declare that we utterly abhor & detest the thoughts of imputinge the least fault unto their LdBp\ in generali, in this or in any other case, beinge well assured y*. their L"8p8. have not leisure to mind the minute transactions and afairs y*. arise from hence, and y*. in particular we are well informed y*. their Lordships doe not know the names or persons of people here, (generally speaking,) till they heard of them from those of their owne honor8'8, number w8b. keepe correspondence w"1. some here, & wee hope to be the rather believed in this when wee have further informed yo'. Hon', and their Lo:dBps. That most of the Gentlemen of this Countrey are soe unhappy as not to know the Lords Prop"., or to have Correspondence w'b. any except one or two of them, and thay are discouraged from writeinge to those too, because thay have not agreed in opinion APPENDIX. 427 W". them concerninge fundamentall Constitutions, Indentures for laud ami in matters (if orderinge the Indian Trade, but when thay have writt freely their minds they havo been chekt, & some dealt hardly with therefore. And the Lett™, sent to the Lords Prop'". from tho Councill, scaled and signed by the Comon"'., have not been beleived, and others not delivered but misreprcntcd by con- struUon made according to the Letter of those four or live persons here who must, & we had almost said, dare not write but as shall plcso those who direct them, for though most of y1". be Lords Deputyes, yett they aro put in by tho Governo' here and there persons & dangerous insufficiencies wholely unknowne to the Lom'd.s who they represent, And this it is that these men which most of them hero arc knowne to be extremely perverse or ignorant men, arc tho only informers of matters here, which, how ever, would not bee of soe bad a consequence, if other persons could have the opportunity to speake for themselves, or when they have found other judges, then those who havo informed against them and aro thereby becomo Partycs. That the L"8. Prop™. forbiddingo Pattents to be passed as at first for Lands, and en- joynting all persons y'. will have lauds to take them by Indentures in w"". tho words or the vallcw thereof aro left out and a reservation expressed of re-entry, whereas in the Pattents anil in all the funda mentall Constitutions it was expressed a penny au acre or the vallcw thereof, w'bout any mention of rc-cutry, hath been the occasion y'. many hundreds of people havo deserted this Colony, and that many thousands havo forbore comeing hither. The Lords Prop'", havo been pleased in their first Concessions, Agrarian Lawos & fundamentall Constitutions to publish to the World that men here should have Lands by Pattents for a penny an acre or tho vallcw thereof, & people upon that Encoragement came hither not doubtingo but y1- thousands would soon follow them, but they are to theire groat misfortune deceived, and unless the Lords Prop", will bo pleased to convey their Land by some casyer way, aro like to bo left alono hero, und in particular many people did not at first tako up all their lands due to them because of the poverty & other incumbrances that did attend y new Settlement and thoso think themselves extremely hardly dealt w'"all, that they cannot havo Pattents as thoso had that came here at the same time w,h. them. Wc doo not presume to pcrscribo methods to the Lords Prop™, of disposeing their owne lands, but wc humbly pro- poso it as rationall, y*. men y*. cannott gett money in this Coun trey where there is noe mint may pay their rents in the most valuable and marchantable produce of theire Lands, it was soe in England till toncnts by the encroase of a forraigne trade found it best for thomsolves and Land Lords to pay in money, it is now soo in most of tho East Countryes, and particularly in most part of Scotland, where y great mens Estates in their publick Acts of Parliment aro vallowed by the number of Chaldrons of Corne 428 EARLY HISTORY OF SOUTH CAROLINA. thay receive for rent. We shall not adde upon this matter, but y*. we, in behalfe ofthe whole Countrey, most humbly and heartily begg and beseech the Lords Prop™, out of their favorable benefi cence to be pleased to grant y'. whatever y8 conveyance be y*. y Lands shall therein be granted for a penny an acre or the vallew thereof, without any expressed reservation of re-entry, & y people will allwayes, in parliment or otherwise, be ready to adjust the price of Comodityes, so as y'. y8 Lords Prop™, shall be gainers, and then we doubt not but in a very few years to see such multitudes of tennants here as y'. their Lordships shall quickly be re-imbursed their great charge, and this we are the most confident of because we are encoraged w*b- severall new rich Comodityes as Silck, Cotton, Rice & Indigo, w8b. are naturally produced here. That we cannot, but w*n- abhorrence & detestation thinke of the base & vile usage yo'. Hon', received after yo'. arrivall here from y Lords Deputies and the late Governor, and as a marke of our duty be pleased to admitt of our sence of the matter as followeth : Wee thincke them to have been extreme rude and unmannerly in not wayteinge upon yo'. Hono' at any time after yo1'. comeinge ashore, while all the Gentlemen and considerable persons in the Countrey did, as soone as they heard of yo'. arrivall, imediately attend yo'. Hono', & paid their respects to yor. person, and made their due acknowledgments of those illustrious qualityes y*. attend it. Wee thinke alsoe y*. their actions and words towards yo'. Hon', in the first meetinge you had w'b. them, w«b. was att a Pallatine's Court, was very rude and unjust, in endeavoringe first to enter a false record conserninge you, and therein threatninge to doe that which afterwards they endeavored, but failed, to doe, because yo'. Hon', [would] not at their request subscribe the Coppy of fundamentall Constitutions, the Orrigginall whereof you had before signed and sealed in England, and yet at the same time suffer a Record to be made that you did approve of certaine Instructions as a rule of Goverm*. in this Colony, wBb. were in some articles contrary, and in some preferred even before these fundamentall Constitut*. Yo'. Hon', best knowes how they dealt with you that day while we ware absent, but we earnestly begg that yo'. Honor will yourselfe write to the Lords Prop™, an exact accompt of y'. dayes transaction in the Pallatine's Court, for we y'. are well experienct in the untoward shifts thay have now a long while used to governe by here, are afraid y'. thay will not write to y'. L". Prop'. wch. thay correspond with what is, and was really done and said, but shall be most necessary to justefy their after seditious and wicked practises against your person, and this we rather believe, because thay have reported strange various tales conserninge yo'. Hono', w80. sometimes contradicts them selves, & are allwayes very undecente and unlikely, but we cannot w"1. patience endure the thoughts of, nor find fitt words to APPENDIX. 429 express their undutifull and rebellious actions few dayes after, when they caused the drums to beate at Charles Towne, and Souldiers to take armes w*"out your knowledge and order, (though you were then in Towne allsoe,) and did .cause to be fixed up in a publick place in the said Towne, as allsoe to be filed in the Secretarye's Office a most pernitious & seditious libell against you, chargeinge you with Treason and other Crimes to be comitted by yoa, and declaringe that the people need not obay yo'. Hon', as Govern', till thay under their hands and seales did please to admitt of it, w8b. had certainely put the whole Countrey into blood and distraction, had not the justice of yo'. cause been soe plaine and obvious to every man, A their malice been soe extravagant and ill guided by the meanness & weakness that attended them, but we doubt not but in due course of Law, yo'. Hon', will lett them know that y Laws will be exerted against those that dare so publickely offer such abominable insolencyes against y person and rights of one of the Lords and absolute Prop™, of this Province, and wee give our most hearty acknow ledgements for that. Yo'. Hon', hath been pleased to lay aside soe many of the Deputies as by law & the L"". Prop'8. Instruc tions you might, the whole Countrey being apparently thereby preserved from confusion and dissolution, and we allsoe render our particular thanckes that you have already issued out writts to call a parliment, as by a Petition voluntarily signed by four or five hundred of the best people in this Country, you were humbly requested to doe, and we doubt not but in the next parliment Lawes will be made to preserve the whole Colloney in peace and prosperity, and from all enemies abroad, and Martiall Law w'hout legall occasion at home. As to the signeinge agen of the funda mentall Constitutions we will not trouble yo'. Hon', with any discorse or arguments this Paper beinge intended generally as a bare narrative of former transactions here, wlbout the adition of our one particular opinions in a matter of that moment. As to the Instructions, we owne that the Lds. Prop™, have the power of sending, and such as they please, but cannot believe that their L'ups. did ever intend it prima facia, and w0,out the assent and approbation of the people, they are to be received and put in practice as Statute Lawes, except in such matters as wholely belong to their Ld8ps. order and direction, accordinge to the Royall Charter, & we humbly observe that the late Instructions to which the Dep8. would have had yo'. Hon', made a Record of, yo'. approbation of them, as an absolute rule of Goverment, aro in some Articles contrary to the L"s. Prop™ fundamentall Consti tutions in matters practicable at this time, and in two articles are positively prefered before all fundamentall Constitutions. Wee have noe more to trouble yor. Hon', with at the present, and the rest of the Lords Prop''., but humbly to informe that we are resolved in the next Parliment to promote the sending home to 430 EARLY HISTORY OF SOUTH CAROLINA. England of two persons sufficiently commissionated to treate wa. the Lords Prop™, about all the affaires of this part of their Pro vince, and that we hope such agreem'. will thereby be made as y*. wee shall hereafter florish and prosper ; in meane time we shall endeavor as much as in us lyes to assist yo'. Hon', according to our dutys, to keep peace and tranquility here, & to cause justice to be distributed accordinge to Law. S. P. 0. N". Carolina, B. T., Vol. 3, p. 177. Lords Prop", of Carolina to Seth Sothell. 12 May, 1691. London, May y 12lb, 1691. S'., Your Letters directed to each of us, and all of y same tenour, of the 21 of Oct88'., Wee have rec"., and are well pleas", to finde you write that you will submitt to our Instructions for the Goverm'., and that you never denyed so to doe. Wee hope you are to knoweing and to wise a man to claime any power in Carolina but by virtue of them, for no prop", single, by virtue of our patents, hath any right to the Goverm'., or to exercise any Juris diction there, unless impowcred by the rest, nor hath any seaven of y8 Prop'8™, power to bind any one in his priviledge or property, unless by agreem'. among ourselves, wcb. agreem'. is contained in our fundamentall Constitutions, bearing date the 12'" of January, 1681, [1681-2,] those being the onely constitutions agreed or signed to by all the eight proprietors ; and if any proprietor shall come Into Carolina and take upon him goverm'., grant, comissions, and traine and exercize men, any other wise then pursuant to the rules and Instructions for Goverm*. apointed by the rest of y° Proprietors, it is by the Laws of England high treason, as wee are well Informed, and if any Governor of Carolina shall without consent of our Deputys, Impowered by us or rules from us, take upon him to impower judges and other Magistrates, It is a very high misdemeanour in the person granting, and also in the person who accepts. and executes such office, and all any such Officer shall doe, is voyd, erroneous and at his perill ; and any man in Carolina that shall take upon him to act as Deputy, that is not duely im powered by us or by rules from us, is answerable for aU he shall doe by vertue of any such pretended power of Deputy. Wee are informed that M'. Joseph Blake haveing a deputation under y8 hand and seale of Mr. Archdale, you have notwithstanding put him out from being Deputy, and put in M'. Berrisford in his roome of yo'. owne choice, and that Mr Berrisford acts as Deputy. Wee hope this information is not true, for wee can never aprove yo'. soe doing, and shall be obliged to vindicate our owne rights therein, for wee will never allow that any Gov*., upon any p tence APPENDIX. 431 whatsoever, shall turne out a Deputy that is so apointed to bee under hand and seale of any Prop'"'., that tending towards a re bellion to y8 crowne, arbitrary power in himself, and the outeing of the rest of the Prop18™, of their rights. Wee know not what to say to y8 protestation of our Deputys, untill wee are truly informed of y matter of fact, they sayeing you positively refused to governe by our Instructions or rules of Gover ment, and you affirm the contrary, for If you did refuse to governe by our Instructions, Wee think they did like wise and honest men to refuse to act with you, and wee have a very good charapter of the honesty, prudence and truth of severall of them, but wee shall sus pend our Judgem*. of that matter untill yo'. arrivall in England, and that Wee have proof ofthe allegations on both sides, Wee do not aprove of any reflections upon you for actions in Albemarle, and shall be very ready to shew our resentm'. thereof as soone as you have clear", yo'self from the misdemeanors and opressions layd to yo'. charge by the Inhabitants of that County, w8b. misdemeanours are, viz'. : 1. That you seiz". upon two persons that came into Albemarle from Barbados, pretending they were pyratts, although they pro duced cockets & clearm". of their goods from the Gov", of Bar bados & Bermudas. 2. That you kept these persons in hard durance, without bringing or pretending to bring them to tryall, in-wc". hard dur ance Richard Humphrey, one of them, dyed of grief and ill usage. 3. That the s". Richard Humphreys made a will before his death, and left one Thomas Pollock his Executor, whom you would never admitt to prove the s". Will, though often required by the s". Pollock to permitt him to prove it before you, nor would not so much as suffer the Court to attest that y° said Pollock had offred the will to prove, but took all ye goods into yo'. owne hands and converted them to yo'. owne use. 4. That the s". Pollock haveing sett up his name to come for England to complaine of yo'. Injustice, you imprisoned him without shewing any reason, or permitting him to see a copy of his mittimus. 5. That you have for bribes withdrawne accusations that were for felony and treason. 6. That you did unlawfully imprison one Rob*. Cannon. 7. That you did arbitrarily and unlawfully detaine from John Stewart, one Negro and 7 pewter dishes. 8. That you did imprison George Durant upon pretence of his having said some reflecting words of yo'self, and did compell him to give you a bond for a sume of money while he was in durance, and did afterwards, on pretence of s" bond, seize upon all the estate of the s". George Durant, without any process or collor of law, and converted the same to yo'. owne use. 432 EARLY HISTORY OF SOUTH CAROLINA. 9. That you did unjustly take from one John Tomlin his plantation. 10. That you did unlawfully detaine the cattle of George Mathews, and refused to deliver them, although there was an order of court for it. 11. That you took the plantation of John Harris upon pretence of a sale of the same to you by the s". Harris, although you knew the s". Harris was under age. 12. That you unlawfully seiz". upon y estate of one Mowberry. 13. That you did, by yo'. power as Gov' & Propriet'., seize upon severall mens estates without process of law, and did severall other unjust & arbitrary actions, for wcb. misdemeanors and other opressions the Inhabitants of Albemarle imprisoned you, with intent to send you Prisoner to England, and there to accuse you, but you intreated them not to send you to England, but that you wd. submitt all to be determined by the next generali assembly, who accordingly gave Judgem*. ag'. you In all the fore-mentioned particulars, and compelled you to abjure the Country for 12 months and the Goverm'. for ever, which proceedings of yo'self and the people, is, in our opinion, prejudicial to the prerogative of the crowne, and the hono' and dignity of us the Prop'8". Wherefore, as in duty bound, and for our owne vindication, Wee are resolved to have this matter thoroughly inquired into, that wee may take such' course for the preventeing such disorders for the future, as shall apeare most fitting for the asserting of their Ma''8, prerogative, the peace of the Province, the just libertys of y people, and vindication of ourselves. But are unwilling to pro ceed therein untill Wee have first spoken with you, wherefore desire and require that you come speedily for England, that Wee may have a full and clear information of all matters, and bee thereby inabled to know how to proceed, and if you shall refuse or delay to come, Wee cannot avoid thinking you guilty of all the misdemeanours layd to yo'. charge, and shall be constrained for our own vindications, and to shew our abhorrence of the injustice and opression practiced by any of our number, to lay the whole matter before the King, and pray his mandamus for yo'. apearance here to answer what shall be objected ag8'. you, w8b. wee hope you will not compell us to, Wee being unwilling to make you a publick shame or to bring you under a prosecution wee ourselves cannot stop when once begun. Our Deputys had orders from us not to call any Parliam'. in Caro lina without directions from us, unless some very extraordinary occa sion should require it, wherefore we cannot blame them for following our Instructions, nor can wee aprove of yo'incourageing the people to petition for a Parliam'. or calling one, because they did petition, tumultuous petitions being prohibited by Act of Parliam'. here with a severe penalty upon such as shall break that law, and wee know not how farr such ill example in Carolina may influence his APPENDIX. 433 Majlies Subjects in his other American plantations, but since you write that the Inhabitans have intentions to depute 2 persons for our better Information of all matters, We have directed our Deputys to consent to the calling of a Parliam'. for that purpose, for any parliam*. called by you with consent of such Deputys as are not duly impowered by us, Wee cannot allow to be a Par liam'., nor can wee tell how to justify our own consenting to any Acts made by such Assembly. Wee here inclosed send you copie of some articles under the hands and seales ofthe Prop'8™, in 1672, to w8b. my Lord Claren don sett his hand and seale, and to wcl1. any that claime under him are bound. Wee have no thought nor intentions to doe you wrong or injury, but on the other side Wee shall not permit our selves to be imposed on nor his Majes*»'s Subjects that live under our governm'. to be oppress", or unjustly dealt with by any per sons whatsoever, and shall much rather surrender our Governm*. to the King then suffer it, If it bee not to be remedyed otherways, for we have no other interest to keep the Governm'. in our owne hands but that we may be able to assure the people they shall not be oprest by the Govern", and thereby incourage them to goe to Carolina to take our land and pay us the rent for it is not our intentions to make profit by the Governm'. our selves or to suffer any Officers under us to oppress ye people by extravagant fees and grow rich by the ruin of y8 people. Wee rest, Yo' affectionate friends, Craven, Palatine, Ashley, Carteret. P. Colleton, John Archdale, for Thos. Archdale, Thos. Amy. To Seth Sothell, Esq. Upon disagreement between Gov. Ludwell & the Assembly, about Act of indemnity & pardon in Sept. 1692, the following representation of grievances was prepared by the Assembly. Afterwards the Iith section, was added in Sept., 1693, & the whole sent to the Gov. & Deputies. May it Please your Honors, Wee againe presume to beg your Hon™, to represent our grievances to their Lordshipps, the want of which we conceive hath been the occasion of their continuance and increase. 1st. That the R'. Hon", the Lords prop™, have not all agreed to the same forme for conveyancing of Land, and the latest forme agreed to by some of them not satisfactory to the people. 37 20 434 EARLY HISTORY OF SOUTH CAROLINA. 2nd. That the Lords Receiver of Rents hath not been Com missioned by them all, nor any agreement of their whole number, Come yett to our knowledge to authorize any less number to Commission a receiver. 3d. That the office of Sheriffe & Judge of the Court of Pleas are lodged in one & the same person. 4th. That although the power of erecting Courts be in their Lordshipps, yett courts ought to be bounded and regulated by laws made by the assent of the people. 5th. That Public Officers taking much greater fees than are allowed by act of Parliament in England for the same & like things, and before the same be settled by act of Assembly here. 6th. That the Representatives or delegates of the People are too few in Assembly, & that the People doe not appoint the number of their delegates according to the King's most gracious Charter. 7th. That their Lordshipps hold two Pallatine Courts, and that the one makes void what the other enacts, as of late severall acts of the Assembly have been repealed by one, which have been rati fied by the other, & that before they became voyd by limitation in themselves, & that their Lordshipps Deputies are not fully enough empowered to give their assent with the people, to enact such laws & for such time as the want of which may hazard the •loss of their county. 8th. That the Pallatine Courts here doe assume to put in force such English Laws as they Judge are adapted to this Province, which we conceive are all soe by their own force, or not to be made soe but by act of Assembly. 9th. That Inferior Courts taking upon themselves to try, adjude & determine the power of Assemblys, or the validity of acts made by them, or of such matters and things as are acted by, or relating to the House of Commons, all which (we humbly con ceive,) is only inquireable into and determinable by the next Succeeding General Assembly. 10th. The Setting up of martial law (except iu cases of Rebel lion, Tumult, Sedition or Invasion,) we Conceive is not warranted by the King's Charter. 11th. The taking of bonds or writings obligatory, without or not according to Law. 12th. The want of a competent number of Commoners to represent them in Councill. I3th. The refusial of an Act of Indemnity and confirmation of Judicial proceedings in the late Government, and denyall to stopp proceedings concerning the same, till their Lordshipps pleasure, be known about the same, notwithstanding their Lordshipps Deputies have thought fitt to represent the same. 14th. That their Lordshipps have forbidden their Deputies to putt in execution any laws relating to Courts of Judicature, or APPENDIX. 435 altering of the formes of proceedings therein, or any other matter relating to Judicature, magistrates, Judges, Sheriffs, or any other officers, or relating to Juries or Elections of Representatives for the General Assembly ; or relating to the fees taken or belonging to any officer or officers constituted or appointed by them before such time as their Lordshipps Consente thereunto signified from England, which, at soonest, we cannot expect in less time than one year, sometimes two, ahd before that time, the occasion and reason of their being made may cease, & the exactions & oppres sions of Public officers may have left us nothing worth making law for ; and where Laws relating to such matters are not made, Justice between man & man cannot be expected, And we humbly conceive that the Patent of Carolina doth not give any such powers to their Lordshipps, nor intend that people soe long time lived under the Grievances and mischief of the want of such necessary laws, which by all wise people first and before all others are pro vided for. Jonathan Amory, Speaker. Nov. 8, 1692. Whereas by the twenty-seventh & twenty-eight articles of our Instructions to you, Co".' Phillipp Ludwell, our Governor of our Province of Carolina, bearing date the Eighth day of November, one thousand six hundred and ninety-one, we have given power and authority to the said Co11. Phillipp Ludwell, by and with the advice and consent of our Deputies, Landgraves and Casiques, and delegates of the freeman or major part of them, to make, ordaine, and enact such Laws as should be thought necessary for the better government of our Province, but to be ratified by the s". Phillipp Ludwell, and three or more of our Deputies, under their hands and seals, before such acts be published or allowed to be laws, which Laws should continue in force for two years, and no longer, unless within that time they were ratified and confirmed under the hands and seals of the Pallatines, and three or more of the Lords Prop™- themselves, and by their order published in the General Assembly, and should cease to be laws whenever (before they were ratified and confirmed by the Pallatine, and three or more of the Lords Proprietors should under their hands and seals signify their dissent to them — which power and authority for passing of Laws, as aforesaid, we doe hereby repeale, and make void as to all matters relating to the Courts of Judicature in Carolina, or alteration of the forms of proceedings from what was practiced during the Governments of Landgrave James Colleton and Landgrave Joseph Morton, or any other matters relating to Judicature, Magistrates, Judges, Sheriffs, or other officers, or relating to Jurys or Election of Representatives for the General Assembly, or relating to the fees taken or belonging to any officer or officers constituted or appointed by us, all which being matters ~JL 8.' 'h.S.' L.S/ ~JL.S.\ %S.'_ 436 EARLY HISTORY OF SOUTH CAROLINA. which will admit of delay without exposing the safty of the inhabitants of our Province to any foreign enemy, or attempt of the Indians. We will and ordaine that bills relating to the above mentioned matters and consented to by you, our Governor, or the Governor for the time being, & three or more of our Depu ties shall be transmitted to us to be considered of, and not pub lished or put in execution as Laws, until they be consented to & Ratified and confirmed under the hands and seals of the Palatine and three or more of the Lords Prop™., and by their order Published as a law in Carolina, but in all other matters the said power for passing and enacting Laws is to continue as is appoynted by our said Instructions to Co". Phillipp Ludwell, our Governor of the Province of Carolina, bearing date the Eighth day of November, one thousand six hundred & ninety and one. Given under our hands & seals the Seaventh of April, 1693. • Craven, Pall., P. Colleton, Jno. Archdale, for Thos. Archdale, Thomas Amy, A. Ashley, Recorded in the Secretary's office this 14 day of September, 1693. P'. Jn°. Hamilton, Dep. Sec'y. London, this 10«h April, 1693. We have seen an act past in Carolina, entitled an act to pro vide Indifferent Jurymen in all causes, Civill and Criminal, which act requiring the Sheriff of each County to divide all the persons of each County into twelve, and them write in paper, and two papers of twelve names each to be drawn, and the persons whose names are therein contained to be summoned to serve as Jurymen the next Court after such draught, and then one of the s". papers drawne againe, and the persons whose names are written in the paper thus last drawne, to be the Jury for tryall of causes, we judge to be very unreasonable, and many ways dangerous and tending to the lending [leaving] the most enormous crimes unpunisht, especially Pyracy, for it will thereby be in the power of the Sheriff so to divide the twelve for each paper, that there shall be in every paper some notorious favorers of Pyrates, who coming prepared for it may be able to constraine the rest of the Jury to consent to what verdict they please, which being contrary to their majesties service, and dangerous to the peace, perhaps of England itself, and the said act being in other things very dan gerous to the Inhabitants of our Province, and contrary to the Laws of England, as it is declared in the bill of rights passed in APPENDIX. , 437 their present Majesties reigne, we have thought fit to dissent to, A thereby made the same null and void, and do require you not to put the same into execution as a Law in Caroliua, and that you doe forthwith, upon receipt hereof, give notice of our dissent to the said act to the respective Sheriffs of the Comities there, and that the said Law is hereby vacated and cease to be a law, and that they are not to put the said act in execution as a Law any longer. We have also seen another act, Entitled au act to regulate Elections of Members of the General Assembly ; which act enabling all persons that [take] oath that they are worth tenn pounds, to give their vote for members of General Assembly, and all the members of the Assembly for the present being chosen for the Counties, we are of opinion they ought all to be freeholders that elect, and those act, not mentioning how long any person worth tenn pounds must have been an Inhabitant of the County before he be admitted to vote for members of the Assembly, it is so loose that by this Act all the Pyrates that were in the Shipp that had been plundering in the Red Sea had been qualified to vote for Representatives iu Carolina, which being of dangerous consequence to the Inhabitants, we have thought fitt to dissent to that act alsoe, but have cheer fully passed, and under hands and seals ratified and confirmed the act Intitled an act for the better observation of the Lord's day, commonly called Sunday, and are well pleased with all those that voted for itt, and we hope that you will take great care the said act be strictly putt in execution. We have also Ratified and confirmed the act entitled an act to prevent swine gooing at large in or about Charlestowne, and to prevent nuisances, and shall be always ready to consent to any other act that we are convinced is for the good or convenience of the Inhabitants of our province. We have thought fit to send you additional Instructions about passing Laws in Carolina, which yon are to observe, and wee doe require that you ratify no Law that diminisheth or altereth any of the Powers granted to us in our Charter from the Crowne ; but when any such bill is past in the General Assembly and Consented to by yourselves, you are to send the same to us for our approba tion and consent before you ratify the same, our intent A meaning that nothing of that nature should be putt in execution, as a law iu Carolina, untill we ourselves have consented to it. The French have Complained to us, that they are Threatened to have their Estates taken from their children after their death, because they are aliens. Now many of them may have bought the lands they enjoy of us, and if their Estates are forfeited they escheat to usj and God forbid that we should [take] the advantage of the forfeiture, nor doe so we intend, and therefore have sent our de claration, under our hands and seals, to that purpose, which we will shall be registered in the Secretary's and Registers Office, that it may remaine upon record iu Caroliua, and be obligeing to 01 438 EARLY HISTORY OF SOUTH CAROLINA our heirs, Successors and assigns. They also complain that they are required to begin their Divine worshipp at the same time the English doe, which is inconvenient to them in regard to severall of their congregations living out of the Towne are forced to come and goe by water, & for the conveniency of such, they begin their Divine Worship earlier or later, as the tide serves, in which we would not have them molested. They Complain, alsoe, that they are told the mearriages made by their ministers is not lawful], because they are not ordained by some bishop, and that their children begotten in such marriages are bastards. We have power by our Patent to grant liberty of Conscience in Carolina, and it is granted by an act of Parliament here, and persons are married here in the Dutch & French Churches by ministers that were never ordained, and yett we have not heard that the children begotten in such marriages are reputed unlawful or bastards, and this seems to us opposite to that liberty of conscience their magesties have consented to here, And we, pursuant to the power Granted to us, have Granted in Carolina. Wee desire these things may be removed, and that their Complaints of all kinds be heard with favour, and that they have equal Justice with Englishmen, and enjoy the same privileges ; it being for their magesties Service to have as many of them as we can in Carolina, Wee would have them receive all manner of Just encouragement whatsoever. And we would have you send for the Chief of them and give them assurance of itt. Wee finde that M'. Joshua Hobson, Deputy to M'. Grimball in the Secretary's Office, did suffer for the refusing to submit to the usurped authority of M'. Sothell, wherefore we are willing that he should be encouraged, and would not have him hindered from pleasing the Prop™. [Proprietors] there as well as assisting him as Deputy in the Secretary's Office. The which we doe in favor to the said Joshua Hobson, as well as to ease our Secretary, who being to send us constant copies of all that passeth in the Councill and Parliament there, for which he hath no fees, we would not have his charge augmented by forcing him to allow M'. Hobson a greater salary to incourage him to continue his Deputy, and this we would have done, unless you can give us some very substantial reasons to the contrary. We observe in the act about the fines of those Jurymen that do not appear are appointed to be paid to the Treasurer, & to be disposed of as the General Assembly shall direct. We do not find one precedent that the Parliament of England have ever reserved any money out of either Taxes or forfeitures to be disposed ¦ of by themselves, and by our Grant from the Crowne, the Laws of Carolina are to be as near as may be agreeable to the Laws of England ; Wherefore we desire you to be cautious how you pass any such laws for the future, for we shall Consider very well before we pass any such. All public money in Carolina must be disposed of by our consent or order. And wc alsoe desire that in all acts or other public writeings, you APPENDIX. 439 give us the same stile [style] that is given us by the Crowne in our Patent of the true & absolute Lords, which title gives us no more power than the Patent itself doth, nor doe we claim any more thereby. We have thought fitt to appoynt M'. Tho9. Smith to be Sheriffe or Chief Judge of Berkley County, by which employ ment we do not understand that he is incapacitated to serve as Deputy, but may continue in that Station alsoe. We comit you to the Protection of Almighty God, & Rest Your very affectionate friends, Craven, Pall. A. Ashley, P. Colleton, Thomas Amy, l. s. l. s. l. s. L. S. To the Governor & our Deputies at Ashley River in Carolina. Att A General Assembly mett at the House of Mr. Francis Fiddling at Charlestowne, on the 30th day of January, 1696. William, Earle of Craven, Pallatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina : To Robert Gibbs, High Sheriff of Berkley County, Greeting : Whereas by our Proclamation on the 29th day of November, tinst., made and published for reasons therein expressed, we have thought fitt to dissolve the late General Assembly, and notwith standing all our designs and endeavours to settle this Province in Peace and tranquility, have by the obstinate majority of the House of Commons been frustrated, and willing as far as in us lyes, to gratify and comply with the request of some, but the more modest and reasonable of the members of the House of Commons, and other well meaning inhabitants of this Province by their address for that end to us signified, We, therefore, hereby, dispensing with our Power to us Granted by our Charter and former Prece dents, Command you to Summon all the King's Leidge subjects, the freemen Inhabitants of Berkly County to be and appear together with all the rest of the freemen as aforesaid of this part of our Province, at Charlestowne, on 19th day of December next, then and there by a majority of their voices to agree to and ascer- taine the number of their Representatives for this part of the Pro vince, to consult and advise with us about making such laws, as shall be necessary for the safety and defence of this Province, whence as often as wee shall see occasion to call tbem theirs. Witness John Archdale, Esq., our Governor, Admirall and Capt. General of our said Province, and the rest of our Deputies at Charlestowne, this 30th day of November, 1695. John Archdale, Joseph Blake, Paull Grimball, Wm. Hawett, Stephen Bull, Stephen Bull James Moore. 440 EARLY HISTORY OF SOUTH CAROLINA. The Humble Petition of the House of Commons. May it Please Your Honors : The Rt. Honble. the Lords and absolute Proprietors of this Province not requiring from the people any rent till the year 1690, gave the first settlers of this Place such encouragement that they laboured under a Continental watch and Guard to defend it and themselves from the attempts of the Spanyards, and state that they were so much employed therein, that for many years they could not make sufficient Provisions for themselves, but suffered the want of Bread, and went through many difficulties, even to the dispair of their lives, at last, it Pleased God, by his divine Good ness, Soe to bless the endeavours of the People of this Settlement, that they not only made their own Provisions, but in Some measure, supplied their neighbours, by which means the fame of this place, beyond the Seas, encouraged many People in Europe and other Parts to come hither and settle, and they did readily and willingly take the Conveyance for lands that was then granted, and cheerfully joyned hand in hand with their neighbours in set tling and defending this Place to the Great Honor of the Lords Prop™ and the joy and strenghthening of the first Comers in soe much, that doubted not but all difficulties were over, and that ' every one should sitt down under his own vine in Peace. But those Halcyon days did not continue long, their Lordships were Pleased in the year one thousand six hundred and eighty-two to alter the first Grant and order a new conveyance for Lands to the great dislike of the People, which occasioned some old settlers and may new comers to leave this Settlement, and some that stayed spent their substance wayting in expectation when the said Grievance would be removed, others that were compelled to Settle in the woods, were descouraged to plant and improve their Plantations, for want of complete titles to their Lands. Their Lordships also left the Government of this Settlement uncertaine, and were pleased frequently to alter the same, those mutations happening on the neck of another occasioned beart-burnings and discontents amongst the inhabitants, and kept many in doubt whether they would settle here or not, which not only kept them from improving, but occasioned the wastings of their Estates, and so impoverished this settlement, That if your Honors make the people pay their arrears of their rent, it will endanger the ruin of the greatest part of the Planters, and force them to suffer their lands to revert to their Lordshipps, all which we make known and lay before your Honours. And further add, since now the con siderable trade of Charlestowne hath gained it the reputation of a wealthy place, (which we are credibly informed and have reason to believe) hath encouraged several pirates to attempt the plun dering and burning of the same, which cannot be prevented but by fortifying itt, which is now under our consideration, but cannot be APPENDIX. 441 done without very great charge to the inhabitants of this their Collony, which, notwithstanding being sensible of the necessity thereof, we are willing to accomplish, therefore we humbly beg your Honors, that for the reasons aforesaid, your Honors will be pleased to forgive the arrears of rent to the Inhabitants of this part of their province, it will the better encourage and enable us to undertake the Great but necessary charge of fortifying Charles ton, the only place of trade and strength in the whole Province, & which being lost will necessarily unsettle & ruine this now thriving Colony, & will oblige us to provide for the certaine pay ment of their rents hereafter, & make the collection thereof very easy. The Humble address and remonstrance of the members of the House of Commons ofthe South West part of this Province. Feb. 1698-9. Your Lordshipps Gracious and Condesending Powers to our Late Governor, John Archdale, Esq'., to enact, with the advice and consent of your Deputies and General Assembly, such Laws as they shall think Expedient, and to alter any former Laws that should be thought fitt to be altered, hath by the laws made and altered by virtue of the said powers, been so advantageous to all the inhabitants of this your Collony, that wee are and ever shall be obliged to recognize your Lordshipps favour thereby, and doth further encourage us to remonstrate to your Lordshipps our pre sent Grievances, and to address you for the removal of them, and your assents to some new Laws which your Deputies says they have not power to joine with us to remove and enact. They are soe indifferent to your Lordshipps interest, different from the fatherlike care which you have shown to us, and soe agreeable to your Lordshipps Royall Powers and Prerogatives, Granted to you by your Charter, and not disagreeable to the Laws of the King- dome of England, but soe generally conduceing to the welfare, Peace and Prosperity of the Inhabitants of this your Collony, That wee will not doubt of your Lordshipps Complyance with those little things compared to those many and Grand favours yon have done us. Its true some of them are of that nature, that we know that your Lordshipps cannot doe them yourselves, & that your Lordshipps Interest with his most gracious magesties is great enough to secure them for us. 1st. That the Governor & your Lordshipps Deputies have not •with the advice & consent ofthe General Assembly, that power to repeale such Laws (if thought expedient,) confirmed by your Lordshipps, & alsoe are so limited by instructions, that they want such power as is necessary for the better Government of this your Lordshipps Collony. 442 EARLY HISTORY OF SOUTH CAROLINA. 2nd. That the Government pretends to putt in practice & force an act, entitled an act for the restraining of Privateers & Pirates, dated the day of which was never made according to any of your Lordshipps instructions, Rules of Government & Con stitutions, nor with the consent of the major part of the Delegates of the people, and which also wants a confirmation, under hand & seal in open Assembly. 3rd. That the high Sheriff is continued in office longer than one year. 4th. The office of high sheriff & Judges of the Court of Pleas is conferred upon one & the same person. 5th. That there is not an exemplified copy in this Government of the King's most Gracious Charter. 6th. That such great Tracts of land are taken up & yett per mitted to be taken up in one entire piece to the great prejudice of this your Lordshipps Collony & the inhabitants thereof. 7th. Wee therefore request your Lordshipps, that for the future that no greater quantities than one thousand acres of Land may be taken up in one entire piece, which will much strengthen this Settlement. 8th. That your Lordshipps would also condescend & Grant for the further encouragement ofthe Inhabitants of this your Collony, the freedom of your Loyalty of whale fishing for one & twenty years. 9th. And with humble submission to your Lordshipps we fur ther request that your Lordshipps would condescend to give and order us the liberty of coyning here, which power & Royalty we have great reason, tho, not particularly expressed, to beheve His late Majestie in his Letters patent hath granted to your Lord shipps. 10th. That your Lordshipps would interceed with his most Gracious Majesty for the taking of duty off Rice, turpentine, pitch & tar imported from this Province, & such further en couragement for the importation thereof, as your Lordshipps shall think requisite & necessary for the advancement of this your Collony. 11th. And also that your Lordshipps would procure some Zant & other late ripe Grapes, both plants and seeds, with Capers, French Prunellas, Smirna Carrans, & the severall sorts of rice, all which we are in great hopes may be produced here. 12th. That your Lordshipps would procure & send us, by the first opportunity, a modell of a Rice mill. All which we refer to your L'dshipp's consideration, and doubt ing not but your Lordshipp's will redress our grievances & all things that lies in your L'dshipp's power for the advancement of this your Collony, & us the Inhabitants thereof, with great assur ance. We believe you will use your utmost power to procure. APPENDIX. 443 S. P. 0. Proprieties, B. T., Vol. 3, p. 171. E. Randolph to the Lords of Trade, 16 March, 1698-9. May it please y. Lordships, After a dangerous voyage at Sea, I landed at Charles Town, in the Province of So. Carolina, & soon after my arrival, I adminis tered the Oath to M'. Jos. Blake, one of the Proprietors & Governor of this Province. But he is not allowed of by his Ma"". Order in Council to be Gov'., the Act of Pari', for preventing frauds being not taken notice of by the Proprietors. There are but few settled Inhabitants in this Province, the Lords have taken up vast tracts of lands for their own use, as in Colleton County & other places, where the land is most com modious for settlement, which prevents peopling the place, & makes them less capable to preserve themselves. As to their oivil Govern*., 'tis different from what I have met with in the other Proprieties. Their Militia is not above 1500 Soldiers White men, but have thro' the Province generally 4 Negroes to 1 White man, & not above 1100 families, English & French. Their Chief Town is Charles Town, and the seat of Gov*, in this Province, where the Governor, Council & Triennial Parliam'. set, & their Courts are holden, being above a league distance from the entrance to their harbour mouth, wcl1- is barred, & not above 17 foot water at the highest tide, but very difficult to come in. The Harbour is called by the Spaniards, St. George ; it lyes 75 leagues to the Northward of St. Augustine, belonging to the Spaniards. It is generally laid down in our English maps to be 2 deg., 45 min., within the southern bounds of this Province. In the year 1686, one hundred Spaniards, w'" Negroes & Indians, landed at Edistoe, (50 miles to the southward of Charles Town,) & broak open the house of M'. Joseph Moreton, then Governor of the Province, & carried away M'. Bowell, his Brother-in.law, prisoner, who was found murdered 2 or 3 days after ; they carried away all his money & plate, & 13 slaves, to the value of £1500 sterling, & their plunder to St. Augustine. Two of the Slaves made their escape from thence, & returned to their master. Some time after, Gov. Moreton sent to demand his slaves, but the Gov. of St. Augustine answered it was done without his orders, but to this day keeps them, & says he can't deliver them up w'"out an ord'. from the King of Spain. About the same time they robbed Mr. Grimball's House, the Sec. of the Province, whilst he attended the Council at Charles Town, & carried away to the value of above £1500 sterls. They also fell upon a settlement pf Scotchmen at Port Royal, where there was not above 25 men in health to oppose them, The Spaniards burnt down their houses, destroyed & carried away all that they had, because (as the 444 EARLY HISTORY OF SOUTH CAROLINA. Span"', pretended) they were settled upon their land, and had they at any time a superior force, they would also destroy this Town built upon Ashley & Cooper Rivers. This whole Bay was called formerly St. George's, which they likewise lay claim to. The Inhabitants complained of the wrong done them by the Spaniards to the Lords Proprietors, & humbly prayed them (as I have been truly informed) to represent it to His Ma1'., but they not hearing from the Lord Prop'8., fitted out two vessels with 400 stout men, well armed, & resolved to take St. Augustine. But Jas. Colleton came in that time from Barbadoes with a Com mission to be Gov'., & threatn'd to hang them if they proceeded, whereupon they went on shore very unwillingly. The Spaniards hearing the English were coming upon them for the damages, they left their Town & Castle, & fled into the- woods to secure themselves. The truth is, as I have been credibly informed, there was a design on foot to carry on a Trade with the Spaniards. I find the Inhabitants greatly alarmed upon the news that the French continue their resolution to make a settling at Messasipi River, from [whence] they may come over land to the head of Ashley River w'hout opposition, 'tis not yet known what care the Lord's Prop™ intend to take for their preservation. Some ingenious gentleman of this Province (not of the Council) have lately told me the Deputies have talked of mak? an Address to the Lords Prop™ for relief, But 'tis apparent that all the time of this French War they never sent them one barrel of powder or a pound of lead to help them. They conclude they have no reason to depend upon them for assistance, & are resolved to forsake this Country betimes, if they find the French are settled at Meschasipi, or if upon the death of the King of Spain these Countries fall into the hands of the French, as inevitably they will (if not timely pre vented), and return with their families to England or some other place where they may find safety & protection. It was one of the first questions asked me by several of the Chief men at my arrival, whether His Ma'', had not sent over some soldiers to preserve them from the French, saying they might all live in this plentiful Country if His Ma*', will please to allow them half pay for 2 or 3 years at furthest, that afterwards they will maintain themselves & families (if they have any) in making Pitch and Tar & planting of Indian Corn, His Majesty will thereby have so many men seasoned to the Country ready for service upon all occasions, five such men will do more service by sea or land than 20 new rais" men from home, they may be brought hither in the Virginia outward bound Ships, 100 or 150 men in a year, till they are made up 1000, it will save the charge of transporting so many another time 2 or 3000 leagues at sea. I heard one of the Council (a great Indian Trader, & has been 600 miles up in the Country west from Charles Town) discourse that the only way to discover the Mes- APPENDIX. 445 chasipi is from this Province by land. He is willing to undertake it if His Ma"', will please to pay the charge w8b will not be above £400 or £500 at most ; he intends to take with him 50 white men of this Province and 100 Indians, who live 2 days journey east from the Meschasipi, aud questions not but in 5 or 6 months time after he has His Ma1''* commands & instructions to find out y mouth of it aud the true latitude thereof. The great improvement made in this Province is wholly owing to the industry & labour of the Inhabitants. They have applied themselves to make sirch commodities as might increase the revenue of the Crown, as Cotton, Wool, Ginger, Indigo, &8. But finding them not to answer the end they are set upon making Pitch, Tar & Turpentine, and planting rice, & can send over great quantityes yearly, if they had encouragement from England to make it, having about 50,000 Slaves to be employed iu that service, upon occasion, but they have lost most of their vessels, which were but small, last war by the French, & some lately by the Spaniards, so that they are not able to send those Commodi ties to England for a market, neither are sailors here to be had to man their vessels. I humbly propose that if His Ma", will for a time suspend the Duties upon Commodities, and that upon rice also, it will encour age the Planter to fall vigilautly upon making Pitch A Tar, &8., woh the Lords Prop™, ought to make their principal care to obtain from His Ma'', being the only way to draw people to settle in their Province, a place of greatest encouragement to y English Navy in these parts of y8 world. Charles Town Bay is the safest port for all Vessels coming thro' the gulf of Florida in distress, bound from the West Indies to the Northern Plantations ; if they miss this place, they may perish at sea for want of relief, and having beat upon the coast of New England, New York, or Vir ginia by a North West Wind in the Winter, be forced to go to Barbadoes if they miss this Bay, where no wind will damage them and all things to be had necessary to refitt them. My Lords, I did formerly present Your Lordships with proposals for supplying England with Pitch & Tar, Masts & all o' Naval Stores from New England. I observed when I were at Y'ork in Sept', last, abuudance of Tar bro'. down Hudson's River to be sold at New York, as also Turpentine & Tar in great quantities from tlie Colony of Connecticut, I was told if they had encouragement they could load several Ships yearly for England. But since my arrival here I find I am come into the only place for such commodities upon the Continent of America; some persons have offered to deliver in Charlestown Bay upon their own account 1000 Barrels of Pitch and as much Tar, others greater quantities provided they were paid for it in Charles Town in Lyon Dollars passing here at 5\ p'. piece, Tar at S*. p'. Barrel, and very good Pitch at 12s. p'. Barrel, & much cheaper if it once no 446 EARLY HISTORY OF SOUTH CAROLINA. became a Trade. The season for making those Commodities in this Province being 6 mo8, longer than in Virginia and more Northern Plantations ; a planter can make more tar in any one year here with 50 slaves than they can do with double the number in those places, their slavei here living at very easy rates and with few clothes. The inclosed I received from M. Girard, a French Protestant living in Carolina. I find them very industrious & good hus bands, but are discouraged because some of them having been many years Inhabitants in this Province, are denied the benefit of being Owners & Masters of Vessels, which other the Subjects of His Majesty's Plantations enjoy, besides many of them are made Denizons. If this Place were duly encouraged, it would be the most useful to the Crown of all the Plantations upon the continent of America. I herewith enclose to Your Lordships a Draft ofthe Town and Castle of St. Augustine, with a short description of it by a Gentleman who has been often there. It's done exactly true, more for service than for show. The Spaniards now, the French, if ever they get it, will prove dangerous neighbours to this Province, a thing not considered nor provided against by the Lords Pro prietors. I am going from hence to Bermuda, with His Ma*'. Commissioners, to administer the Oath to the Gov. of that Island, with a Commission for the Judge and other Officers of the Court of Admiralty erected there, from whence I believe it necessary to hasten to the Bahamas Islands, where a Brigantine belonging to New England was carried in as a wreck. The Master & Sailors being pursued by some persons who had commission from Gov. Webb, believing they were chased by Spaniards, forsook their Vessel & went on shore among the Natives to save their lives. All which is humbly submitted by Your Lordship's Most humble Servant, Ed. Randolph. The want of a small Vessel to support the loss of the Frigate, which was appointed by the Lords Commiss™. of the Admiralty to transplant me from one Plantation to another, makes me stay a great while at one place for a passage to another, which is uncer tain, difficult & dangerous. I have by the extreme of cold last Winter in Maryland and Pennsylvania, & by my tedious passage in the Winter time from New York to this place, got a great numbness in my right leg & foot. I am in hopes this warm climate will restore me to my health. I have formerly wrote to your Board & the Commiss". of H. M. Customs, the necessity of having a Vessel to transport me from one Plantation to another. I humbly pray Your Lordships favour to direct that the little APPENDIX. 447 residence I am to make in these parts of the World, may be in this Province, & that a Vessel well manned may be sent me hither, which may answer all occasion, my intentions being not to lye idle, for when the Hurricane times come in these parts of the World, I can go securely to Virginia, Maryland & Pensylvtnia & New England, without fear of being driven from those Plantations by North West Winds, & when they come I can pass from one Plantation to another without difficulty S. P. O. N°. Carolina, B T. Vol. 3, p. 177. From Charles Town in South Carolina. 14 March, 1698-9. People. The Number and quantity of the French Protestants, Refugees ofthe French Church of Charles Town, is . 195 The quantity of the French Protestants of the French Church of Goes Creek, is 31 The quantity of the French Protestants of y Eastern branch of Cooper River, is 101 The number and quantity of the French Protestants of the French Church of Santee River, is . . . . Ill Total of the French Protestants to this day in Carolina, 438 I may undertake myself to procure every year, at the end of the bridge of Charles Town, fifteen hundred barrels of good tar, at 8s. per barrel. Fifty thousand weight of pine gum,'at 108. p'. cwt, and a parcel of cyprus masts for the second and third rate of the English Man of War. Per me Peter Girard. S. P. 0. Proprieties. B. T., Vol. 3, c. 19. Ed. Randolphe to the Earl of Bridgewater. 22 March, 1698-9. Charles Town in South Carolina, March 22", 1698-9. May it please Yo'. Lo'., About the IO"1 of January past, one Cutler came from London hither- with his Wife, he gave out that he had a Commission from his Majesty to search for Mines in this Province, his Wife has brought over with her a stock and keeps a Miliner Shop in this 448 EARLY HISTORY OF SOUTH CAROLINA. Town, he expects one Green to follow him, equally concerned with him (as he says,) in the search for mines, but neither he nor Green have been formerly in this Province. I hear from an intimate freind of Cutler's, that his dependance is wholy upon one Edward Loughton, (fdiose wives Sister Cutler married in London,) And one David Maybanck (another relation by Marriage,) to assist him, they have no knowledge of mines, further then what they have heard Indian Traders who live in the Savanore Town discourse, 'that there are Mines about that place, as 'tis conionly said there are iu other places in the Province ; that which is talked of is 30 or 40 miles down the Savanore River, taken up when the River is dry, good for little or nothing. Loughton and Maybanks are both house Carpenters and have lived about 16 years in this Town, they were in London not long agoe, 'tis probable they might infuse notions of Mines into Cutler- & Green. That they knew where there were mines, and easily to be found if they could get a Comission from His Majesty to search, and some persons of quality to countenance them and money to bear their charges ; They returned about 5 years after. Now whether they are joyned with Cutler and Green is best known to your Lordship. Cutler talks of going to the Savanore Town, about 120 miles from hence, with Loughton & Maybanks, to speak with the Indian Traders, he premises great matters to those who inform him of Mines. He has lately discoursed that your Lordship, the Earl of Pembrook & M'. Blathwayt, are principally concerned. That yonr Lordships have got them a Commission to pay their passage & travelling charges. My Lord, I did enquire of a Gent, living in this Country, what profit has arisen to his Majesty by the 4'" part of the Gold & Silver Mines in this Province, or whether they have given encouragement to any persons to discover them and work them. I hear of none. Some time after, upon a Report that I was going to England, he sent me a letter, a Copy whereof I humbly inclose to your Lord8., w8b. I intended to shew to the Chancellor of the Excheq'. if I went home, or to transmit it to his Lords", by the next shipp ing. But since I find that your Lor"., the Earl of Pembroke, to whom I have the honour to be known, and M'. Blathwayt, are all engaged in the same design to promote the lasting benefit of His Majesty and his Kingdomes, I do therefore humbly inclose a Copy thereof to M'. Blathwayt, in case any should miscarry, how far your Lord", now will please to communicate this to the Chan cellor of the Excheq'., I humbly submit to your Lordship. Mr. James Moore (who sent me y letter,) is a Gentleman of a good Estate in this Country, he is Sec. of the Province and a Deputy to S'. John Colleton, one of the Lords Prop™. He told me when we first discourst about Mines, That if he were impowered APPENDIX. . 449 by His Majesty and had good«encouragement for himself and his friend, he would forthwith, upon receipt thereof, take with him 50 White men and 100 of the Chirakues Indians to be his Guard. That he had a Negro Smith. He desired me to be securedagainst the Lords Proprietors claime ; to have all matters sofccornodated that they might not seize upon the produce of his own cost & labour bestowed upon his Maj". 4"1 Part, Whereas their Lord ships have :!lb8. to set men to work upon for themselves ; That he can employ his Estate & Slaves to greater proffit. As to his own share which may arise to him from the Mines, he wholly submits that to his Majesty and to your Lordships, considering he is at all the charge of the discovering and opening them. My Lord, As this is a matter of great import to the Crown if it succeed, so if it be not it will proove an utter ruin to M'j Moor, if the Lords Proprietors know that he hath neglected their Lord ships and made his proposalls in the first place to your Lordships, he will certainly be a double looser, for besides his great charge & travell to discover the Mines, The Lords Prop™, will, upon the first notice, turn him out of the Councill, and take from him his office of Secret'., and engage the Gov. and Councill against him, to the destruction of himself & numerous family, and at last force him to leave the Country, as has been formerly practised upon men of good Estates in this Province. Your Lordshipp may please for your further satisfaction of M'. Moor's quality to be informed of Mf. W. Thomburgh, now one of the Lords Propriet™. and his Agent in London, (but of that ten derly,) as to any share to myself, 'tis his kindness to mention it. I have been for many years alwayes ready to serve y8 Crown, if your Lo"". please to command, I will attend at Whitehall I am very sensible it will be necessary in many respects. In the mean time, I humbly pray for the recoverjjig of my health, that I may have leave to make my residence in Carolina in Winter time to avoid the extremity of cold in Virginia, Maryland, or those other Northern Plantations, and that I may have another Vessell that draws much less watar then the Swift advice boat, lost by the carelessness of the Commander in Virginia last Winter, with liberty to have an able Coaster, well acquainted with the dan gerous flats and sands upon all the shoars from this place to New England, where his Maj'9. service will very often require me, the loss of that Vessell makes my passage tedious, dangerous and troublesome, I shall thereby be freed from the hurricanes in the extremity of hot weather in these parts of America. All w\ is humbly submitted by Ed. Randolph. " Communicated by his L"°. to y Board." Rec". y 15'\ Read 19'" June, 1699. 38* 2D 450 EARLY HISTORY OF SOUTH CAROLINA. * m S. P. O. Proprieties, B. T., Vol. 3, c. 21. [Capt Moore] to M. Tho. Cutler. 3 April, 1699. Apr. 3", 1699. M'. Cutler, S'., — Itt is reported here (how truely I know not) that you are come hither by His Maj'11. Command, or encouragement to discover and look for Mines of Silver, &c., or to make essay of some already pretended to be discovered, and to give His Majesty a certain relation of the being such a thing, the place where, & its value. I am exceeding' glad, S'., to know His Majesty is pleased to take notice of and encourage such a worke, but fearing the unac- quaintance you have with our country, hath made itt too difficult? (If not impossable) for you to make any certain discovery of any such thing, or that you may go home w*b. some plausable account of such a thing, which, when itt comes to tryall, may be either false or of no value, And thereby his Majesty may be made unwilling to hearken to any other offers made of that nature, tho' certaine, I will give you an Ace*, of what observations of that sort I have made in my travels among the Indians. In the year 1691 I made a journey into the Apalathisen Mountains, in which journey I took up seaven pieces of oar in seaven severall places, which oar I sent to England, by an ingenious freind of mine, to be tryed ; he had itt tryed, and gave me an ace*, that two of the seaven pieces proved very rich and one indifferent, the other four of noe valine. I numbered every peice of Oar, and directed my friend to keep a perticular ace*, of the number of every peice of value, for by that I could have gone to the pla