CHAPTER V.

THE CAROLINAS.

BY PROFESSOR WILLIAM J. RIVERS.

NORTH CAROLINA: PROPRIETARY GOVERNMENT.—It was certainly manifest to

England that her claim to vast regions of valuable territory would

be substantiated, and her commerce and political power augmented,

by the settling of her subjects in North America. Yet the history

of her colonies bears, on many pages, evidence of the indifference

and inexcusable neglect of the mother country. Instead of a liberal

contribution of arms and munitions of war, the means of sustenance, and

the protection of her ever-present sovereignty to all who were willing

to leave the comforts of home and risk their lives in her service,

far away across the Atlantic, enough appeared to have been done if

lavish gifts of land were bestowed upon companies, individuals, or

proprietors, for their especial emolument, and through them some paltry

acres offered to emigrants, with promises of a little more religious

freedom and a little larger share of political privileges than they

were permitted to enjoy at home. The genesis of a new and potent

nationality may be said to have been involved in the acceptance, by the

colonists, of these conditions, as inducements to emigration, with all

else dependent on their own manly courage.

[Illustration: NORTH CAROLINA.

[This is a sketch of the map in Hawks’ _North Carolina_, ii. 570,

showing the grants and divisions from 1663 to 1729.

Quaritch in his _Catal._ for 1885, no. 29,516, prices at £25 a MS. map

of the south part of Virginia (North Carolina), showing the coast line

from Cape Henry to Cape Fear, and signed “Nicholas Comberford, fecit

anno 1657.” It measures 18¾ × 14 inches.—ED.]]

One of the colonies that struggled, through neglect and almost

insurmountable hardships, into permanent existence was Carolina. Before

its settlement, other colonies had successfully established themselves

in New England, and in Maryland and Virginia. In 1663, Charles II.,

in the second year after his restoration, granted the region south of

Virginia and extending from 31° to 36° north latitude, and westward

within these parallels across the continent, to some of his adherents,

to whom he was indebted for distinguished services. It is stated in

the grant that this extensive region is called “Carolina,” a name used

before, and now, no doubt, retained in honor of the king.[704] The

favored noblemen are thus introduced to us: “our right trusty and right

well-beloved cousins and counsellors, 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 Berkeley, our right trusty

and well-beloved counsellor, 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 William Berkeley,

Knight, and Sir John Colleton, Knight and Baronet;” who, we are

deliberately informed, “being excited with a laudable and pious zeal

for the propagation of the Christian faith, and the enlargement of”

the British dominions, humbly besought leave of the king, “by their

industry and charge, to transport and make an ample colony” of his

subjects, “in the parts of America not yet cultivated or planted,

and only inhabited by some barbarous people who have no knowledge of

Almighty God.”[705] Had these high functionaries of the realm acted in

accordance with this solemn announcement of their pious zeal for the

propagation of Christianity, the blessing of Heaven would, no doubt,

have rested more largely upon their noble enterprise.

An adverse claim was soon made to the same territory under a grant

obtained in 1629,[706] by Sir Robert Heath, attorney-general of Charles

I. But he had failed to form a colony, and the claims of those to

whom he had conveyed his rights were on that account set aside. The

Proprietors under the new charter began to make immediate exertions to

form a settlement, that the king might see they did not “sleep with his

grant, but were promoting his service and his subjects’ profit.”[707]

[Illustration: AUTOGRAPHS OF THE LORDS PROPRIETORS.

These follow fac-similes given in the _Charleston Year Book_, 1883.]

Before this, settlers from Virginia had moved at various times

southward and taken up their residence on some good lands on and

near the river Chowan, in what is now the northeastern part of North

Carolina. Among these was a considerable number of Quakers, at that

time subject to religious persecution. It happened that Sir William

Berkeley, one of the new Proprietors, was governor of Virginia. He

was empowered by the other Proprietors to form a government forthwith

in this settlement, and appoint its officers; the appointment of

surveyor and secretary alone being reserved to the Proprietors in

England. “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 management,

with our opinion that you grant as much as is possible rather than

deter any from planting there.” Sir William, it is inferred, followed

these instructions. William Drummond was appointed governor;[708] the

tract of land, at first forty miles square, was named Albemarle in

honor of the duke, and a council of six was constituted to make laws

with the consent of the delegates of the freemen. These laws were to

be transmitted to England for approval by the Proprietors. Lands were

granted to all free of rent for three years; and such lands as had been

taken by previous settlers were confirmed to them.

Almost simultaneously another colony (Clarendon) was settled in

what is now North Carolina. As early as 1660 some adventurers from

Massachusetts had gone to the Cape Fear, sometimes called the Charles,

River, and purchased lands from the Indians; but in a few years

abandoned the situation, leaving their cattle and swine in care of

the natives. To the same locality the attention of the inhabitants

of Barbadoes[709] was directed on the grant of the territory to the

powerful noblemen whose names are given in the charter. The passage

already quoted from the letter to Sir William Berkeley had reference to

them and their proposal. Explorers, employed by “several gentlemen and

merchants” of Barbadoes, were sent out (1663) under command of Hilton,

who ascended the Cape Fear far inland, and formed a more favorable

opinion of the country than the New Englanders had been enabled to form

near the mouth of the river. They purchased from the Indians “the river

and land of Cape Fair,” as they express it, and returned to Barbadoes

on January 6, 1664. An account of their exploration was published the

same year, to which were appended proposals from the Proprietors,

through their commissioners, Thomas Mudyford and Peter Colleton, to

all who should settle, at their own hazard and expense, south and west

of Cape Romano, sometimes called Cape Carteret. This was a bid for

volunteer settlers south of the Cape Fear settlement. Nothing whatever,

it appears, was accomplished under this offer of the commissioners.

In a _Description of the Province_, with liberal privileges offered

to settlers, issued also in London (1666), it is stated that a new

plantation had been begun by the English at Cape Fear on the 29th of

May, 1664. In the following November, Robert Sandford was appointed

secretary and John Vassall surveyor of “Clarendon County.”[710] It was

time the Proprietors should agree upon some definite and satisfactory

terms for settlement in their territory. While they did not sanction

the purchase of lands from Indians, as they had also disallowed the

claims of the New England adventurers, they made to all colonists,

from Barbadoes and elsewhere, liberal offers for settlement; and under

“concessions and agreement” a method of government was framed, and

John Yeamans of Barbadoes was knighted by the king (through means of

Sir John Colleton), and commissioned, in January, 1665, governor of the

newly formed Clarendon County[711] and of the territory southward as

far as Florida; for in this direction the Proprietors designed to place

a third colony or county.

The two counties, Albemarle and Clarendon, were formed under the

charter of 1663. Another charter was granted by the good-natured king

in June, 1665, enlarging the limits of the province to 36° 30´ on the

north, and on the south to 29°. This extension may be ascribed to the

desire of the Proprietors to secure beyond doubt the section on which

the Chowan colony happened to be formed near Virginia, and to embrace,

southwardly, the limits claimed with respect to Spanish Florida.

We have very little knowledge concerning the administrations of

Drummond and of Yeamans. It is said that the latter, being near the

sea, began at once to export lumber and opened a trade with Barbadoes;

and reports so favorable were carried thither, and so many were

induced to follow the first emigrants, that the authorities of the

island interposed, and forbade, under severe penalties, “the spiriting

off” of their people. In Albemarle, Drummond was succeeded by Samuel

Stephens as governor in 1667. In Clarendon, the colony soon ceased to

prosper, and most, if not all, of the colonists had abandoned it in

1667. We shall understand better why they did so if we bear in mind

that the territory of the Lords Proprietors was very extensive. There

were other places, not yet explored, more convenient for commerce,

more defensible, more fruitful, more desirable in all respects; the

advantages of which would naturally draw off settlers from the less

favorable localities selected before a thorough knowledge of the

country was obtained. The Proprietors, as we have said, thought of

forming, with larger preparations, a colony still further south. The

famous harbor of Port Royal, in what is now South Carolina, was the

locality they desired to occupy and (with unusual display of wisdom)

to fortify. For reasons, however, which will appear hereafter, when

we treat of South Carolina, the colonists, after visiting Port Royal,

and after a temporary settlement at Albemarle Point on the western

bank of the Ashley River, finally settled down on the opposite side,

at the confluence of the Ashley and Cooper rivers, and founded the

present city of Charleston. There was, indeed, enough to discourage the

settlers at Cape Fear independently of the more extensive preparation

by the Proprietors to place a colony in a better situation. Secretary

Sandford (in his _Relation_ of his voyage in 1666) incidentally

mentions: “Wee were in actuall warre with the natives att Clarendon,

and had killed and sent away many of them, for they [the more southern

Indians] frequently discoursed with us concerning the warre, told us

the natives were noughts, their land sandy and barren, their country

sickly.” Surveyor-General Vassall, in a letter from Virginia (Oct.

6, 1667), speaks of the loss of the plantation on Charles River and

his furnishing shipping to carry away “such weak persons as were not

able to go by land.” And a letter from Boston (Dec. 16, 1667) states

that Cape Fear was deserted, and the settlers “come hither, some to

Virginia.”[712]

Here let us notice the policy and plans of the Proprietors with

respect to their distant colonies. The two charters differ only in a

few particulars. The second increases the extent of territory, its

main object, gives power to subdivide the province into distinct

governments, and is a little more explicit with regard to religious

toleration. No person was to be molested for difference of religious

opinion or practice who did not actually disturb the peace of the

community. With regard to political privileges, there is an important

clause in both charters conferring upon the Proprietors power to ordain

any laws and constitutions whatsoever (if consonant to reason and, as

far as possible, to the laws and customs of England), but only “by

and with the advice, assent, and approbation of the freemen,” or the

majority of them, or of their delegates or deputies, who, for enacting

such ordinances, were to be duly assembled from time to time. These

privileges, we shall see in the history of the colony, were maintained

by the people with a pertinacity commensurate with their importance,

whenever their lordships attempted to control the colonists without

due regard to their approbation and consent. The charter reserved to

the king only allegiance and sovereignty; in all other respects the

Proprietors were absolute lords, with no other service or duty to their

monarch than the annual payment of a trifling sum of money, and in case

gold or silver should be found a fourth part thereof.

On August 6, 1663, a letter to the Proprietors, from members of a

Cape Fear company of New England adventurers, claimed full liberty

to choose their governors, make and confirm laws, and to be free

from taxes, except such as they might impose on themselves, and

deprecated “discouragement in reference to their government” as to

the accustomed privileges of English colonists. While their claims

were not conceded, this letter was answered generally by their

lordships, on August 25th, announcing their concessions to all wishing

to settle in Carolina.[713] The New England claim of privileges is

worthy of notice for what we now call “advanced ideas.” And if we

compare the charters of Connecticut (1662) and Rhode Island (1663)

with that of Carolina (1663), it will appear that the self-interest of

Clarendon[714] and his associates stood in the way of their securing

to their colony some civil privileges which it would not have seemed

strange at that time to concede. And it may as well be stated here,

at once, that besides considerations of self-interest it was also

the express policy of their lordships to “avoid erecting a numerous

democracy” in their province. To carry out this policy, a grand scheme

of government, called the Fundamental Constitutions, was framed by

Shaftesbury and the philosopher Locke, and solemnly confirmed as a

compact among themselves,—the Proprietors,—and which was to be

unalterable forever. A scheme more utopian, more unsuited to the actual

condition of the colonists, could hardly have been devised. Yet its

adoption by the people was recommended, ordered, stubbornly insisted

on by their lordships at the risk of balking—as, for a while, it did

balk—the prosperity of their colony. The first set of the unalterable

Constitutions is dated 21st July, 1669; the second was issued in March,

1670,—and so on till a fifth set had been constructed. Under the right

conferred by the charter, respecting the consent of the freemen, or

their delegates, in establishing laws and constitutions, such consent

was never formally given; and the code was, at least in South Carolina,

again and again rejected. It was a gage of political contention

foolishly thrown down; but in taking it up, the colonists were made

ardent students of political rights.

By these Constitutions, the eldest Proprietor was made Palatine,—a

sort of king of the province. The other seven Proprietors were to be

high functionaries: admiral, chamberlain, constable, chief justice,

chancellor, high steward, and treasurer.[715] There was to be a

Parliament: eight superior courts, one to each Proprietor according

to his high office; county and precinct courts; and a grand Executive

Council, among whose duties was the preparation and first enactment

of all matters to be submitted to Parliament. Among the carefully

composed articles in these Constitutions should be noticed such as

enjoin that no person above seventeen years of age could have the

benefit and protection of the law who was not a member of some church;

and no one could hold an estate or become a freeman of the province,

or have any habitation in it, who did not acknowledge a God and that

He is publicly and solemnly to be worshipped. Moreover, in the set of

the Constitutions printed and sent over for adoption, the Church of

England[716] was made the established church, and “it alone shall be

allowed to receive a public maintenance by grant of Parliament.” It was

also enjoined that no one seventeen years old should have any estate

or possession or the protection of the law in the province, unless he

subscribed the Fundamental Constitutions and promised in writing to

defend and maintain them to the utmost of his power.

Their lordships in England, and most, if not all, of their appointed

officers in the colonies, as in duty bound, contended strenuously for

the adoption of this preposterous form of government till the year

1698; and hardly then did the incontrovertible logic of events convince

them of their folly. A late historian of North Carolina remarks,

“Their lordships theorized, the colonists felt; the Proprietors drew

pictures, but the hardy woodsmen of Carolina were grappling with stern

realities. Titles of nobility, orders of precedence, the shows of an

empty pageantry, were to them but toys which might amuse children; but

there was no romance in watching the savage, or felling the forest, or

planting the corn, or gathering the crop, with the ever-present weapon

in reach of the laboring hand.”

There was another cause of irritation on the part of the colonists,

both in North and South Carolina. The terms of the tenure of land

were of paramount interest to them and their children. The quantity

offered in 1663 was augmented in 1666, and two years later, by the

“Great Deed of Grant,” the fear of forfeiture was removed for not

clearing and planting a specified portion of the land; in other

words, settlers were permitted to hold lands as they were held in the

adjoining royal province of Virginia. At first each freeman received

one hundred acres, the same for his wife, each child and manservant,

and fifty for each woman-servant; paying a half-penny per acre.

After the expiration of servitude, each servant received a liberal

quantity of land with implements for tillage.[717] In 1669, in the

settling of the colony at Ashley River, one hundred and fifty acres

were offered to all free persons above sixteen years of age, and

the same for able-bodied men-servants; and a proportionate increase

for others, if they arrived before the 25th of March, 1670; then a

less number of acres for subsequent arrivals. The annual rent was a

penny or _the value of a penny_ per acre (as also announced in the

unalterable Constitutions); payments to begin September, 1689.[718]

When Governor Sayle died (a year after settling on Ashley River), Sir

John Yeamans came from Barbadoes to the new settlement; and having been

made a landgrave claimed the government as vice-palatine under the

Fundamental Constitutions. Such claim was denied by the colonists;[719]

but he soon received a commission, and his first measure, on assuming

control, was to have an accurate survey made and a record of lands

held by settlers in South Carolina, with a view to the collection of

quit-rents for the Proprietors. When ten years of outlay for their

province had brought them no pecuniary return, they began to think

“the country was not worth having at that rate.” They removed their

former favorite Yeamans, because further outlays were incurred, and

placed West in authority, who had attended more successfully to their

interests. In November, 1682, all prior terms for granting land were

annulled, and if a penny an acre (the words “or the value of a penny”

being omitted) was not paid, a right of reëntry was claimed: “to enter

and distraine, and the distress or distresses then and there found to

take, lead, and carry and drive away and impound, and to detain and

keep until they shall be fully satisfied and paid all arrears of the

said rent.” This produced inequality of tenure, or operated to the

injury of many who had previously taken up, on more liberal terms, only

part of the lands they were entitled to.[720] Their lordships were too

just to interfere with the stability of titles, but the alteration of

the tenure for new grants or of the mode of conveyance, from time to

time, was at least unwise. Besides, there was scarcely any coin in the

province, and the people found it hard that they could no longer pay

in merchantable produce. To their reasonable request for relief and a

better encouragement to new settlers came the reply, “We insist to sell

our lands our own way.” With this reply a peremptory order was sent

that the third set of the unalterable Constitutions should be put in

force.

A part of this manifest diminution of the generosity of the Proprietors

and their unwillingness to bestow further concessions may be accounted

for by the opposition their favorite scheme of government had

encountered in both colonies, and especially by a rebellious outbreak

which had just occurred in Albemarle County. Clarendon County at Cape

Fear had broken up and disappeared, as we have related; and henceforth

our attention must be directed to Albemarle at the northern end of

the province and the Ashley River colony at the south, remote from

each other, with a vast forest intervening, the dwelling place of

numerous tribes of Indians. Before the province was authoritatively

divided (1729), it had divided itself, as it were, into North and South

Carolina; and it is best that, in this narrative, we should begin to

call them so.

In North Carolina, the Quakers, who were in close association and

unison, and so far influential in action,[721] opposed the Fundamental

Constitutions and the Church of England establishment; and all the

settlers looked upon the enforcement of the recent orders of the

Proprietors—the displacement of an easy and liberal method of

government without asking their assent—as a violation of the terms

of settlement, and of the inducements at first held out to them.[722]

Governor Stephens endeavored to enforce the orders of the Proprietors,

but he died soon after receiving them, and was succeeded by Carteret,

president of the council, till an appointment should be made.

Carteret appears not to have been of a nature to contend against the

disaffection and turbulence which had arisen, and, in 1675, went to

England to make known personally, it is said, the distracted condition

of the colony. But two of the colonists, Eastchurch and Miller,

had also gone over to represent, personally, the grievances of the

people. They seemed, to the Proprietors, the ablest men to carry out

their instructions; and the former was made governor and the latter

deputy of Earl Shaftesbury and secretary of the province; he was also

made, by the commissioners of the king’s revenue, collector of such

revenue in Albemarle. They sailed for Carolina in 1677, but the new

governor remained a long while in the West Indies (winning “a lady

and her fortune”), and died soon after reaching Albemarle. Miller as

representing Eastchurch, but really without legal authority to act

as governor, ruled with a high hand. He had gone to represent the

grievances of his fellow colonists; he returned to harass them still

more. The new “model” of government, the denial of “a free election

of an assembly” (as the Pasquotank people complained), the attempt to

enforce strictly the navigation laws, the collection of the tax on

tobacco at their very doors,[723] his drunkenness and “putting the

people in general by his threats and actions in great dread of their

lives and estates,” as the Proprietors themselves express it, became

intolerable to the colonists.

The New Englanders, with their characteristic enterprise, had long

been sailing through the shallow waters of the Sound in coasting

vessels, adapted to such navigation, and had largely monopolized the

trade of North Carolina; buying or trafficking for lumber and cattle,

which they sold in the West Indies, and bringing back rum, molasses,

salt, and sugar, they exchanged these for tobacco, which they carried

to Massachusetts, and shipped thence to Europe without much regard

to the navigation laws. Miller, according to instructions sent to

Governor Eastchurch, sought to break up this thriving and lucrative

business, and to introduce a more direct trade with England. The

populace generally, including the Quakers, had their own grievances,

and fraternized with the New England skippers. Gillam, one of these

bold captains, arrived with his vessel laden with the commodities the

people needed, and armed, this time, with cannon. A wealthy Quaker,

Durant, was on board with him. On land, John Culpepper, who had lately

left South Carolina, where he had created commotions, became a leader

of the malcontents. Influenced, no doubt, by the recent rebellion of

Bacon in Virginia, some participators in which had taken refuge among

them, and led on by men of courage whose hard-earned emoluments were

threatened with ruin, the insurgents seized and imprisoned Miller and

seven of the proprietary deputies, and took from the former a large

amount of money which he had collected for the king. They had won over

to their side the remaining deputy, the president of the council; and

together they now governed the colony as seemed best to them. But they

were aware that violence and usurpation could not be passed over with

impunity by higher authority; and as Miller and some of his adherents

had escaped and gone to England, Culpepper and Holden were also sent

to the Proprietors on a mission of explanation. The explanation of

neither party was entirely satisfactory. Miller lost his offices, and

Culpepper, though he was unpunished by the Proprietors, was seized by

the Commissioners of the Customs to answer for the revenue money which

had been used in the time of the disorders. He was put on trial, in

1680, for “treason committed without the realm.” It is said by Chalmers

that the judges ruled that taking up arms against the proprietary

government was treason against the king. Notwithstanding this view

of the case, Culpepper was acquitted of treason, because Shaftesbury

asserted that the county of Albemarle had not a regular government, and

the offence of the prisoner amounted to no more than a riot.[724]

At this time the Earl of Clarendon sold his proprietary share to Seth

Sothel, who was appointed governor. Mr. John Harvey, as president of

the council at Albemarle, was to exercise the functions of governor

till Sothel’s arrival. The latter, on his voyage, was captured by an

Algerine corsair; Harvey died; Jenkins was made governor, and was

deposed by the people without reprimand from the Proprietors; and

in February, 1681, Wilkinson was appointed. These sudden changes in

executive authority were unfortunate for the prestige of proprietary

power in the colony; for all this while and until Sothel came in 1683,

the old adherents of the Culpepper party, or the popular party, held

control in Albemarle. But still more unfortunate for the Proprietors

was the coming of Sothel. He seems to have purchased his place as

Proprietor and to have come as governor in order to have a clear field

for the exercise of his rapacity. If he was “a sober, moderate man,”

as his colleagues thought when they intrusted their interests and the

welfare of the county to his hands, his association with the Algerines

must have materially changed his character. In 1688, the outraged

colonists seized him, intending to send him to England for trial. On

his appeal this was not done, but the case referred to the colonial

assembly, who condemned him. His sentence, however, amounted only to

banishment for twelve months and perpetual deposition from authority,

Proprietor though he was. He went to South Carolina, and his further

career will be noticed when we review the history of that colony.

The next year Philip Ludwell, of Virginia, was made governor, and after

four years was transferred to South Carolina and appointed governor of

both colonies. For more than twenty years North Carolina was governed

by a deputy of the governor at Charleston, or (when there was no deputy

appointed) by the president of her own council. The Albemarle colony

had become to the Proprietors only a source of vexation. At any rate,

they acted wisely in leaving its management, in some measure, under the

control of those more conversant with its affairs than their lordships

in England could possibly be. Their own mismanagement, in truth, was

the principal cause of the turbulent spirit of the people.[725]

After Sothel’s banishment the executive authority belonged, as a rule,

to the president of the council till Ludwell received it in 1689.

On the latter’s removal to Charleston, S. C., Lillington acted as

deputy in Albemarle. In 1695, Thomas Harvey became deputy governor by

appointment from Archdale, the Quaker Proprietor (who was sent over

to heal grievances in both colonies), and was followed in 1699 by

Henderson Walker, president of the council. In 1704, Robert Daniel was

appointed deputy by Governor Johnson, of South Carolina. John Porter, a

Quaker, or sympathizer with the Quakers (sent to England to complain of

Daniel and legislation in favor of the Church of England in the colony

by “The Vestry Act”), with the assistance of Archdale, prevailed

on the Proprietors to order Daniel’s removal, and Governor Johnson

appointed (1705) Thomas Carey in his place. He was as little acceptable

to the Quakers in North Carolina as his predecessor had been, and

through their influence in England at this conjuncture the appointment

of a deputy by the executive in South Carolina was suspended, Carey

was removed, and a new Proprietary Council formed, including Porter

and several Quakers. Porter returned to North Carolina in 1707, and

called together the new council, who chose William Glover, a Churchman,

president, and, as such, acting governor. He, however, as Carey had

done, required conformity to the English laws respecting official

oaths, which were displeasing to the Quakers; and Porter in opposition

declared Glover’s election as president illegal, formed a coalition

with Carey, whom he had before caused to be displaced, and secured his

election to the presidency of the council. There were now two claimants

for executive authority, and no power at hand to decide between them.

Carey and Glover sat in opposite rooms with their respective councils.

Daniel, being a landgrave, and having thereby a right to a seat in

the Upper House,—as the council with the governor was styled,—sat

alternately with one and the other, and no doubt enjoyed their

altercations.

A new rebellion, so-called, now broke out, based apparently on local

party strife. At first Carey and his Quaker supporters opposing Glover

and his party sought and obtained control of the assembly; and when

Edward Hyde came from England with letters on authority of which he

claimed executive power,[726] the Carey party, at first favorable to

him, finally, on losing control of the next assembly, directed itself

against him. Hyde’s life was endangered by Carey’s armed opposition;

and Spotswood, the energetic governor of Virginia, sent him military

aid and put down his opponents.[727] Carey, on his way through

Virginia, was arrested by Spotswood and sent to England for trial.

This was the occasion of Lord Dartmouth’s circular letter to all the

colonies “to send over no more prisoners for crimes or misdemeanors

without proof of their guilt.”

According to the latest history,—that of Rev. Dr. Hawks,—another

result of this acrimonious contest was the deplorable massacre of

hundreds of defenceless white settlers, men, women, and children,

by the Tuscarora Indians. This is doubtless merely _post hoc ergo

propter hoc_. We must ascribe hostilities solely to encroachments on

the lands of the natives; to ill treatment by traders and others; and

to the killing of one of their number, which called for revenge. The

Tuscaroras, it was thought, could muster 1,200 warriors. They suddenly

made their onslaught at daybreak, September 22, 1711. Their special

task in the diabolical conspiracy was to murder all the whites along

the Roanoke, while other tribes conducted a simultaneous attack upon

other sections. The wielding of the blood-dripping knife and tomahawk,

the conflagration of dwellings and barns, the murderous rush upon the

victims who, here and there, had hidden themselves and who ran out from

the blazing fires to a fate scarcely less dreadful, with other horrors

we are unwilling to relate, continued for three days. One hundred and

fifty were slain on the Roanoke, more than sixty at Newbern, an unknown

number near Bath; and the carnage was stopped only by the exhaustion

and besotted drunkenness of the bloodstained savages. Governor Hyde was

powerless to confront the foe. He could not raise half the number of

men the enemy had. The Quakers were non-combatants; and with them were

affiliated many others who opposed the government. Governor Hyde was

compelled to resort to arbitrary measures in impressing vessels and in

procuring provisions for such troops as he could muster; and these were

so inadequate, and so wide-spread was the Indian combination, that he

called for assistance from Virginia and South Carolina. Both responded

with alacrity. While Spotswood could not supply troops, he checked the

further combination of tribes in his direction. South Carolina sent

troops onward through the forests, under Colonel Barnwell, who defeated

the Tuscaroras and put an end to the war for the time being. But after

he retired to South Carolina, suffering with wounds, the Indians

treacherously renewed hostilities; and it was believed they would soon

be joined by more powerful northward tribes. To add to the calamities

of the people, an epidemic (said to be yellow fever) broke out. The

mortality was fearful, and among the victims was the governor of the

colony. The council elected Colonel Pollock as their president and to

act as commander-in-chief. The following mournful picture is given us

from manuscripts left by Colonel Pollock: “The government was bankrupt,

the people impoverished, faction abundant, the settlements on Neuse and

Pamlico destroyed, houses and property burned, plantations abandoned,

trade in ruins, no cargoes for the few small vessels that came, the

Indian war renewed, not men enough for soldiers, no means to pay them,

the whole available force under arms but one hundred and thirty or

forty men, and food for the whole province to be supplied from the

northern counties of Albemarle only.” South Carolina, being again

called on for help, sent Colonel James Moore, eldest son to Colonel

James Moore, late governor of the colony. On the 20th of March, 1713,

he conquered the last stronghold of the savages, who soon after, broken

and disheartened, left the province in large numbers, and joined

themselves with the Iroquois in what is now the State of New York. Such

of them as remained in North Carolina entered into a treaty of peace

with the whites. During these exhausting calamities the Proprietors

were appealed to; and it was a poor response to refer the matter to

General Nicholson “to enquire into the disorders of North Carolina.”

The next year (May, 1714) Charles Eden, an excellent officer, was

appointed governor. The adherents of Carey, or the popular party,

however, seemed to be actuated against all who were sent to rule the

colony. What grievances they had to palliate or justify their conduct,

on this occasion, we know not; but soon their active opposition had

to be dealt with by the constituted authorities. We shall see, when

we treat of South Carolina, that a few years later the colonists, in

that section, threw off, effectually, the inefficient rule of the

Proprietors, and placed themselves under the immediate control of the

Crown; deposing the last proprietary governor, and electing Colonel

Moore governor in the king’s name. It is probable that the same

spirit actuated the people in North Carolina. Yet her historians have

not made it evident that the continued disaffection and turbulence

and rebellion of the people are indications of their readiness to

act as their more southern brethren acted. Perhaps they had not, at

that conjuncture, the same amount of provocation. When we read the

letter of the Lords Proprietors to the council and assembly (June 3,

1723),[728] “We received an address from you, transmitted some time

since by our late governor, Mr. Eden, wherein you signified to us

your great dislike to the rebellious and tumultuous proceedings of

several of the inhabitants of South Carolina, and your constant and

steady adherence to our government and the present constitution,” we

are to bear in mind that this governor and council were the appointed

officers of their lordships. We are to ask, Where are the records

of the assembly,[729]—records of the thoughts and actions of the

representatives of the people? These, no doubt, will show, if they can

be found, that a spirit of local self-government actuated the people,

and is the thread of development to be followed by the future historian

of the State. We need the testimony of Porter, of Carey, of the able

and virtuous Edward Moseley (chief justice from 1707 to 1711), and of

other leaders of the people against the repressive policy of their

lordships in England and their governors and councils.

Some interesting subjects, indicative of the condition of the colony

in these early times, must be briefly noticed: the emission of paper

money consequent upon the expenses of the Indian war; the occasional

rating of commodities for exchange; the indigenous products of the

soil and staples of export; the forwarding of tobacco abroad through

Virginia, and troubles about boundary lines; the customs and modes of

life among the gentry or planters and the humbler classes, and among

their close neighbors, the Indian tribes; the visits of pirates to the

coast, both in North and South Carolina, notably Teach or Blackbeard,

and the romantic defeat of him in Pamlico Sound; the settling, at

first, along the streams, which became the principal highways for

travel and commerce; the ill effects necessarily resulting from the

habitations being far apart, and from the fact that there was very

little social intercourse; the transmission of letters only by special

messengers; the disadvantageous nature of the coast section, retarding

the prosperity of the colony.

During the proprietary period, or the first sixty-six years of the

colony, the people clung to the seaboard and that part of it which

had no good port of entry. This was as great a misfortune as it was

to cling to the border line of Virginia. The accession of population,

including foreigners, came chiefly through that border. In 1690 and

again in 1707, bodies of French Protestants arrived, and settled in

Pamlico and on the Neuse and Trent; and three years after some Swiss

and Germans settled at Newbern. The whites in the province numbered at

this time about 5,000. Large tracts of unoccupied land lay between the

selected points of settlement. A few towns had been begun: the first,

forty-two years after the first settling in the province. If a good

harbor had been selected and a town properly fortified built there for

exports, the progress of North Carolina might have been more rapid and

substantial. The metropolis was Edenton (founded 1715) on the Chowan.

The legislature met there. It contained forty or fifty houses. There

was no church there. The Rev. Dr. Hawks says: “For long, long years

there were no places of worship. They never amounted to more than some

half dozen of all sorts, while the Proprietors owned Carolina; and when

their unblessed dominion ended, there was not a minister of Christ

living in the province.” There had been, however, missionaries sent

out by the Society for the Propagation of the Gospel; and there were

some pious gentlemen in the colony who gave them welcome and all the

assistance in their power. But while a few of the missionaries were

exemplary and accomplished much good, others were a positive hindrance

to “the propagation of the gospel.”

Among the misfortunes of the colonists we must not fail to notice the

incompetent governors sent from England. Favoritism, and not fitness

for office, dictated the selection. Archdale, Hyde, and Eden are

considered the only governors sent to the province who did it much

service. The last two whom their lordships favored with the dignity

of executive authority were Burrington, pronounced “a profligate

blackguard,” and Sir Richard Everard, whom his superseded rival railed

against as “a noodle and an ape,” and “no more fit to be a governor

than Sancho Panza.” It was in the administration of Sir Richard that

the colony passed by purchase under the immediate control of the king.

Two thousand five hundred pounds sterling were paid for each of seven

shares; Lord Carteret declining to dispose of his, as it had come to

him by inheritance.[730] The claims for arrears of quit-rent due from

settlers were also purchased. Before the surrender of the charter

many changes had occurred in the ownership of shares in the province;

and not one of the original Proprietors remained alive to witness the

failure of their successors in the noble enterprise committed to their

management by the munificence of Charles II.

ROYAL GOVERNMENT.—The method of the royal government will be noticed

when we come to write of South Carolina. The more thoughtful in North

Carolina no doubt felt relieved in escaping from the negligent rule of

the Proprietors; but the transition from the old to the new form of

administration appears to have been a matter of indifference to the

people at large. All they saw in 1731 was that George Burrington, who

had been displaced for Everard in 1725, came back with a commission

as the first royal governor, to displace in turn his former rival.

Burrington, favored for his father’s services to the king, was

unsuited for his position, and soon became involved in disputes with

his council, the assembly, and the judges. He appeared to think

the foremost duty of the assembly was to provide for him a salary

suitable to his new dignity, to raise money for other royal officers

and an adequate and permanent revenue for the king. The assembly was

prorogued for declining to do so. His violence and tyranny caused

complaints against him to be sent, through Chief Justice Smith, to

the authorities in the mother country. One service, however, he

rendered, in conciliating the Indians on the western border. To this

end he sent Dr. John Brickell with a party of ten men and two Indian

hunters to assist them.[731] The account of the expedition adds to our

knowledge of the condition of that remote section of the province, as

the interesting work of Lawson does with respect to other sections.

In 1734, on the return of the chief justice, the governor retired to

Charleston and sailed thence to England. Soon afterwards he was found

murdered in St. James’ Park, in London.[732] Nathaniel Rice, secretary

of the province, and the first named of the councillors, administered

the government from April till November, when Gabriel Johnston, a

Scotchman and man of letters, received, through the influence of his

patron, Lord Wilmington, the royal appointment. For nearly twenty years

he prudently administered the affairs of the colony. At first he found

a formidable obstacle to a successful management of the people in their

disregard of laws and of gubernatorial dignitaries, imposed upon them

by foreign authority. Many hard things have been said of the people

by those who, perhaps, did not consider the neglect, mismanagement,

and tyrannical provocation under which they lived for two generations,

and the increasing intercolonial influences in behalf of popular

sovereignty. One of the Virginia commissioners, for laying off (in

1727) the northern boundary, states that the borderers preferred to

belong to the Carolina side, “where they pay no tribute to God or to

Cæsar.” Governor Johnston, at this time, was in need of the latter

kind of tribute. The salaries of the crown officers were to be paid

from quit-rents due to the Crown, the collection of which depended on

enactments of the assembly. The governor, finding great difficulty in

having a satisfactory enactment passed, prorogued the assembly and

attempted to collect the rents on his own authority. Not only was

this resisted by the people, but the assembly, being again convened,

denied the legality of the acts of the governor, and imprisoned his

officers who had distrained for the rents.[733] The assembly was

consequently dissolved (March, 1736). At the next session, in the

following September, the governor addressed the representatives of the

people on the general condition of the province, the lack of moral

and educational advancement, and of proper regard for law and good

order, and assured them “that while he was obliged by his instructions

to maintain the rights of the Crown, he would show a regard to the

privileges, liberties, and happiness of the people.” In the spirit of

compromise a law was passed with the concurrence of the governor, but

which the authorities in England rejected as yielding too much to the

demands of the popular assembly.

At this time (1738) commissioners were empowered to run the boundary

between North and South Carolina, and completed the work from the

Atlantic as far westward as the Pee Dee. The original division of

the coast section into three counties—Albemarle with six precincts,

Bath with four precincts, and Clarendon with one (New Hanover)—was

altered, and the precincts were denominated counties. The very names

of the original counties disappeared. Soon other counties westward or

inland were formed as the population increased, chiefly by overland

immigration. To each county the governor appointed a sheriff, selected

from three persons recommended by the county court. The judiciary

system was modified to suit the new administration and augmentation

of population. The governor had before (1736) deplored the fact that

no provision had been made “or care taken to inspire the youth with

generous sentiments, worthy principles, or the least tincture of

literature;” but not until 1754 was an act passed to establish a public

seminary. It did not receive the royal assent. That there were not many

schools is doubtless due to the sparseness of settlements, and not

to any general indifference to education.[734] During the period of

the royal government there were two schools that we read of,—those at

Newbern and Edenton. In the building of the former, a wooden structure,

the lower house of assembly occasionally held its sessions. In 1749,

printing was introduced at Newbern, from Virginia; and a weekly paper

styled the _North Carolina Gazette_, issued “on a sheet of post-sized

folio,”—“with freshest advices, foreign and domestic.” In 1752

appeared the first edition of the _Provincial Laws_.

At the town of Wilmington, so named in honor of the Governor’s patron,

and sometimes at Newbern, the assembly now met instead of at Edenton,

near the Virginia boundary. A new assembly was convened at Wilmington,

and an attempt was made to establish an equalization of representation,

with a consequent diminution of the number of representatives from

the old and more northern counties,—from five members each to two

members.[735] Dissatisfaction was the result; and the six northern

counties would neither recognize the assembly at Wilmington nor pay

taxes, nor would the jurors attend the courts. The colony, however,

was more thriving than it had been at any previous period. It was

favored by the mother country with bounties on its exports; and the

general prosperity was augmented by the coming in of the banished

Highlanders and of emigrants from Ireland, and especially by the

beginning of the great flow of overland immigration into the central

and more western section of the province. Under the prudent management

of Johnston, harmony at last prevailed, and such laws were enacted as

were necessary. On the declaration of war between England and France,

the defences of the coast received legislative attention, and a fort

mounting twenty-four cannon was erected on the south bank of the Cape

Fear, and called Fort Johnston, in honor of the governor.[736]

Governor Johnston died in August, 1752. What he had written to the

Duke of Newcastle, in 1739, was now even more applicable, that after

years of effort he had brought the colony “to system, where disorder

had before reigned, and placed it on a firmer foundation.” The

administration again devolved on Nathaniel Rice; and on his decease in

January, Matthew Rowan, the next councillor, acted as governor till

the arrival of Arthur Dobbs, in 1754. Rowan’s short term of service

was distinguished by liberal contributions for building churches and

purchasing glebe lands for the support of ministers of the gospel;

and by the convening of the assembly to provide for aiding Governor

Dinwiddie, of Virginia, by whose order George Washington had gone to

examine the alarming movements of the French on the Ohio. The militia

of North Carolina amounted at that time, as stated by Rowan, to 15,400

men.

Besides the early coast-line settlements, and those along the

bottom lands of the northeastern streams, there came, mainly after

Braddock’s defeat, a remarkable tide of immigration from the western

frontiers of Virginia and Pennsylvania into central and western North

Carolina. Between 1750 and 1790 the accession to the population is

computed[737] to be as much as 300,000. Many seeking fertile lands

moved over into the “Up Country” of South Carolina, and westward into

Tennessee. These hardy and liberty-loving German and Scotch-Irish

settlers formed a section of North Carolina which for a long time was

“distinct in population, religion, and material interests.” Their final

fraternization and blending in political union with the people of the

eastern section is a subject for the later history of the province and

State.

Governor Dobbs, a native of Ireland, and who had been a member of

its Parliament, brought to the colony cannon and firelocks, as a

present from the king; and, as a present from himself, “a number of

his relations, who had hopes of offices and preferments.”[738] While,

on the one hand, he sought to conciliate the Indian tribes, on the

other he continuously embroiled himself in contests with the assembly

and on trivial matters. It was, however, the irrepressible conflict

of that day,—the conflict we have been expecting all along in this

history,—the outgrowth of antagonism between the royal prerogatives

and the rights and privileges of the representatives of the people.

Contributions of men and money were called for by the governor for the

general defence of the provinces, and for fortifications within the

limits of North Carolina. The assembly were ever ready to defend their

frontiers and render aid to the neighboring colonies. But in the acts

for founding new counties, they disallowed “the royal prerogative of

granting letters of incorporation, ordering and regulating elections,

and establishing fairs and markets.” In enactments for a new court

system, the further emission of paper money, and the appointment of

an agent in England to solicit the affairs of the province, disputes

ensued between the assembly and the executive. A new assembly being

convened was equally jealous of its rights and privileges, and ably

maintained them in lengthy communications to the governor, but without

moving him from his convictions of duty under the royal instructions.

The assembly was prorogued after appointing, by resolution, the agent

to England, whom the governor had rejected. Upon reassembling, and

again in a new assembly, on various bills the struggle for legislative

rights was continued with the Upper House or council.

Two very different events here arrest our attention: the grant of the

king, through Parliament, of £50,000 to indemnify Virginia, North

and South Carolina, for their war expenses, and the proposal to the

colonies to form a union for common defence against general attacks of

the French and Indians; the one fostering attachment to the Crown, the

other teaching the method of effectual resistance.

Governor Dobbs was now infirm and over eighty years of age, and, having

obtained leave of absence, there was sent over, as Lieutenant-Governor,

the able and energetic William Tryon, a colonel in the Queen’s Guards,

who became, on the decease of Dobbs, in 1765, governor of North

Carolina. He was succeeded by Martin, the last royal governor. We

close this brief narrative, pondering upon the province’s progress

in wealth, population, and political stability; on the intercolonial

influences developing union and constitutional self-government; and on

the portentous shadow of the approaching Revolution.[739]

SOUTH CAROLINA.

PROPRIETARY GOVERNMENT.—In 1665 the Lords Proprietors placed in charge

of Sir John Yeamans—whom they had, in January, commissioned governor

of Clarendon county at Cape Fear—the further discovery of the Carolina

coast southward of the portion embraced in the report of Hilton, Long,

and Fabian in 1663. Yeamans and his party left Barbadoes in three

vessels in October. After separation by a storm, they all reached the

Cape Fear or Charles River. But there a violent gale wrecked the vessel

containing the greater part of their provisions, arms, and ammunition.

Being in distress for supplies, their sloop was despatched to Virginia

for aid, and Yeamans himself returned to Barbadoes, leaving Robert

Sandford in commission to obtain a vessel and complete the exploration

of the southern coast. Sandford appears to have first entered the North

Edisto River, where he met the Cassique of Kiawah, who had traded with

the settlers in Clarendon county, and who now invited Sandford to his

country. But the explorers sailed on to Port Royal, arriving there

early in July. Their reception was apparently very friendly, and Dr.

Henry Woodward remained among the Indians to learn their language,

while a nephew of the chief accompanied Sandford. They designed, on

their return, to visit Kiawah; but by a mistake of the Indian who acted

as guide, they passed beyond the entrance (now Charleston harbor) which

led to that country, and the wind not being favorable for putting back,

the voyagers proceeded northward and returned to Cape Fear.[740]

In 1667, the Proprietors took measures to found, in the region reported

on by Sandford, a colony worthy of themselves and of the munificence

of the king in granting them almost royal authority in the extensive

territory lavishly bestowed by the charter. The elaborate plan of

government which Locke assisted in maturing was devised for this new

enterprise, and was solemnly agreed upon as a contract among the

Proprietors. Twelve thousand pounds sterling, a large sum at that

day, were expended in preparation for founding, in what is now South

Carolina, a colonial government calculated to bring both glory and

emolument to their lordships. In August, 1669, three vessels were

ready to sail from England: the “Carolina” frigate, the “Port Royall,”

and the sloop “Albemarle.” On board the first-named were ninety-three

passengers. How many were in the other vessels is not at present

known; but the intention appears to have been to begin the settlement

with at least two hundred. They stopped at Kinsale in Ireland to take

in other emigrants, receiving, however, only seven; and according

to instructions sailed thence to Barbadoes, which they reached in

October. They were to obtain there such plants as the vine, olive,

ginger, cotton, and indigo, and some swine for the new colony; and, no

doubt, as many emigrants as could be induced to join the expedition.

The fleet was consigned to Thomas Colleton, brother of the Proprietor,

Sir Peter Colleton. It seems that the Proprietors were not pleased

with the management of Sir John Yeamans in the previous expedition

and his leaving the perils of exploration to Secretary Sandford; yet

his experience and ability rendered his coöperation desirable, and

power was given him to fill a blank commission sent to him for the

governorship of the new colony. Living in Barbadoes, and familiar

with projects of colonization, he acted on this occasion on behalf

of their lordships, with authority as their lieutenant-general, and

assisted and encouraged the adventurers. But many disasters occurred:

at Barbadoes the “Albemarle” was driven ashore in a gale and lost,

in November; and in January the “Port Royall” suffered the same

fate at the Bahama Islands. A sloop obtained at Barbadoes in place

of the “Albemarle” became separated in a storm, and the “Carolina,”

in a damaged condition, put in at Bermuda for repairs. A part of the

equipments was lost by the wrecks; and Yeamans, to the discontent and

indignation of the colonists, withdrew from further participation in

their fortunes, saying he was obliged to return to Barbadoes as one of

the commissioners appointed to negotiate “with French commissioners

the affair at St. Christopher’s.” He persuaded the colonists to take

Colonel William Sayle, and inserted his name as governor in the blank

commission sent to him by the Proprietors. He describes Sayle as “a man

of no great sufficiency, yet the ablest I could then meet with.”[741]

The expedition sailed again on the 26th of February, 1670, in the

“Carolina” and a sloop bought at Bermuda (where Sayle had, twenty years

before, founded a colony of Presbyterians).[742] The Barbadoes sloop,

with about thirty persons on board, had gone to Nansemond, Virginia,

and joined the rest of the expedition at Kiawah in the month of May.

The other two vessels, about a fortnight after leaving Bermuda, had

reached the coast at a place called Sewee,[743] in March, and proceeded

thence to Port Royal harbor, their point of destination, and where the

instructions of the Proprietors directed them to go. They remained

there a few days. Governor Sayle summoned the _freemen_, according to

instructions annexed to his commission, and they elected Paul Smith,

Robert Donne, Ralph Marshall, Samuel West, and Joseph Dalton their

representatives in the council, which consisted of ten, the other five

being deputies named by the Proprietors. The governor and council, by

the same instructions, were to select the place for building a fort

and a town. Upon examination the land at Kiawah was judged better, and

a more defensible position could there be found than at Port Royal.

A discussion was held, and, the governor favoring Kiawah, it was

determined to remove and settle there permanently. Weighing anchor,

they sailed northward as to their home at last, and in the month of

April selected for their residence a bluff which they named Albemarle

Point, on the western bank of Kiawah River, now called the Ashley,

and began to build a town which they named Charles Town, and to erect

fortifications. Safely settled after a perilous voyage, when now, borne

down with daily toil, they sank to rest, soothing dreams of prosperity

and happiness, no doubt, renewed their courage for the labors and

dangers of the morrow.[744]

The administration of the colony devolved on the governor,

representing the Palatine (the Duke of Albemarle),[745] and the

council, representing partly the other Lords Proprietors and partly

the people. On the 4th July, 1670, the governor and council—because

the freeholders were “nott neere sufficient to elect a Parliament,”

as the instructions required—promulgated certain orders for the

better observance of the Sabbath; and a certain William Owens, arguing

that a parliament was necessary for such legislation, persuaded the

people to elect one among themselves, “which they did and returned

to said governor.” But this 4th July spirit of independence was not

persisted in, the members elect receding from their own “election

into dignity.”[746] The council continued to exercise all necessary

legislative and judicial as well as executive power, till a parliament

was formed.

Sayle was about eighty years of age and in feeble health, and died

on 4th March, 1671, transferring his authority, as he was empowered

to do, on the man of his choice. He selected Joseph West, his able

assistant, who had brought the colonists from England under commission

as “Governor and Commander in Chief of the Fleet.”

Scarcely had the English entrenched themselves when the jealous

Spaniards sent a party to attack them; but finding them stronger than

they expected, they returned to St. Augustine. The chief reason for

not settling at Port Royal, as they were directed to do, was evidently

the exposure of that situation to attacks, both from hostile Indians

and the Spaniards who instigated them, and who, from their early

exploration and settlement, claimed the noble harbor, of which Ribault

had said, a century before, the largest ships of France, “yea, the

argosies of Venice,” might enter therein.[747]

Sayle’s nomination of West, to act with all the authority conferred

upon himself, was of force only till the pleasure of the Proprietors

could be known. When they were informed of Sayle’s decease, they

gave the position of governor to Sir John Yeamans (commission dated

August, 1671); continuing West, however, as superintendent of important

interests in the colony. He was made governor when Yeamans was

displaced (1674); and in December, 1679, their lordships wrote to him,

“We are informed that the Oyster Point is not only a more convenient

place to build a town on than that formerly pitched on by the first

settlers, but that people’s inclinations tend thither; we let you

know the Oyster Point is the place we do appoint for the port town,

of which you are to take notice and call it Charles Town.” The public

offices were removed thither and the council summoned to meet there,

and, in 1680, thirty houses were erected. Even before this, some

settlers had left old Charles Town and taken up their residence at

Oyster Point. Great interest was aroused in all that pertained to the

colony by the active exertions and liberal offers of the Proprietors.

Every vessel that sailed to Charles Town brought new-comers. The

Proprietors’ trading-ship “Blessing” followed the first expedition,

its “main end” and chief employment being to transport emigrants from

Barbadoes, where Yeamans and Thomas Colleton were to advise and help

Captain Halsted in this work of emigration. The “Carolina,” in a return

voyage from the same island, had brought sixty-four settlers, and the

“John and Thomas” forty-two. In the “Phœnix” from New York a number of

German families arrived, who began to build James Town on the Stono

River. When Sir John Yeamans came to reside at Charles Town (April,

1672) he brought the first negro slaves into the colony. In 1680,

the date of the removal to Oyster Point, the settlers numbered about

1,200; in 1686, they were estimated at 2,500, English, Irish, Scotch,

French, and Germans. It is of significance, with respect to the first

political acts of these settlers, to bear in mind that they were mostly

dissenters. Boone, agent in London for a large portion of the people,

stated in his petition to the House of Lords (in 1706) that after the

reëstablishment of the Church of England by the Act of Uniformity, many

subjects of the Crown, “who were so unhappy as to have some scruples

about conforming to the rites of said Church, did transplant themselves

and families into said Colony, by means whereof the greatest part of

the inhabitants there were Protestant Dissenters from the Church of

England.” We must remember, too, that religious freedom was promised

as an inducement to emigrate. As Governor Archdale said, the charter

“had an overplus power to grant liberty of conscience, although at home

was a hot persecuting time.” And this overplus power was at first very

fairly used. All denominations lived harmoniously together, till Lord

Granville became Palatine, whose tyrannical disruption of the religious

privileges of the colonists (by excluding dissenters from the colonial

legislature) nearly cost the Proprietors their charter. The felling

of forests, clearing of plantations, experimenting in agricultural

products, establishing stock farms, building habitations, opening a

peltry trade with the Indians, forming military companies for mutual

defence against hostile tribes, and against the French at times, and at

times against the Spaniards, exploring the adjacent country, caring for

and nursing the sick who succumbed to the malarial influences of the

sultry low country along the coast, where the settlers were for many

years compelled to reside,[748]—amidst such circumstances there was no

disposition for religious dissension and none for political differences

among themselves. And when political opposition did arise, it was for

civil rights, and between the colonists as one party and the Lords

Proprietors and their official representatives as the other party. The

rights for which they contended against irritating obstacles engendered

a persistent spirit of political advancement which led to the overthrow

of the proprietary government in 1719, and in further development

through the royal administration culminated in constitutional

self-government. In this respect, the history of no other colony

presents a more interesting and instructive record. The awakening

of the people to a determined maintenance of what they deemed right

and just began with the stubborn efforts of the Proprietors to force

the colonists to adopt their scheme of government, the Fundamental

Constitutions. The people declared the charter of Charles II. to be

fundamental enough for them. The facts involved in this contention are

now to be related.

Locke and Shaftesbury’s elaborate and cumbrous system, solemnly adopted

by the Proprietors, suited only (if it could be made to suit) a large

population. A copy was sent out for the first governor, but not to be

immediately put in force. He was to govern by “instructions” annexed

to his commission, and prefaced with the words “In regard the number

of the people which will at first be set down at Port Royal will be so

small, together with want of Landgraves and Cassiques, that it will

not be possible to put our Grand Model of government in practice at

first;” the instructions, coming as nigh as practicable to the Grand

Model, must be used instead. The same “paucity of nobility” and people

is given as the reason for two sets of Temporary Laws (1671, 1672)

and the Agrarian Laws (1672). The governor and council are told to

follow always the latest instructions; a prudent order, for they came

in so quick succession, and with so many alterations, that they may

have confused the wisest of governors. In these official papers two

principles are prominent: one that nothing should be debated or voted

in the parliament (the majority representing the people) “but what

is proposed to them by the council” (the majority representing their

lordships); the other “that the whole foundation of the government

is settled upon a right and equal distribution of land,”—for the

Proprietors and provincial aristocracy, first; then the common people

could have their subordinate little share.[749]

Contrast with these official regulations framed in London the actions

of Governor West and his council as recorded in the “Council Journals”

for 1671-72, still preserved in the office of the secretary of state.

They were exercising, on account of the “paucity of nobility,” all

executive, judicial, and legislative powers with promptness and energy,

and were fully supported by the people. They proclaimed war against the

Kussoe Indians, had all fire-arms repaired, began to construct a fort,

raised military companies, commissioned their officers, and reduced

the enemy to submission. They heard and decided complaints and legal

issues, and punished criminals, distributed lands, and provided for the

health and security of the community. They denied to Sir John Yeamans,

Landgrave though he was, any claim to gubernatorial authority, under

the Fundamental Constitutions, and had him before their tribunal for

cutting timber not his own. It is said he retired again to Barbadoes.

But he was commissioned governor and reappeared in the colony, and was

“disgusted that the people did not incline to salute him as governor.”

In obedience to instructions, he immediately summoned, by proclamation,

the freemen to assemble and elect a parliament of twenty members, and

to select five of their number to be members of the grand council. This

legislative body (April, 1672), the first we have knowledge of in the

colony, had at this time very little power, compared with the council;

but it was destined to become, as the representative of the people,

the most potent factor in the political development of subsequent

years. Sir John Yeamans, two years later, gave place again (as before

stated) to his rival, Colonel West, whom the Proprietors declared the

“fittest man” to be governor.[750] He had, more than any other in

the province, promoted the best interests both of the people and of

their lordships. There was some scarcity of provisions at the close

of Yeamans’ administration, and he was charged with exporting, for

his own advantage, too great a quantity of the agricultural products

of the colony. Commotions ensued, and John Culpepper, surveyor, was

engaged in them or instigated them; and having left Charles Town, he

found in North Carolina popular discontents more ready for rebellious

activity. The cause of the commotions at Charles Town does not clearly

appear. The settlement was so prolific in all that sustains life—in

forest, in fields, in a harbor abounding in fish, in herds of swine

and cattle—that it is strange to hear of a scarcity of food; even in

1673, when want is said to have threatened the people, provisions were

exported to Barbadoes.

Governor Sayle, for reasons already stated, was not to put in force

altogether the Fundamental Constitutions; there was, however, a copy

“sent under our hands and seales,” as is mentioned in his commission.

The project of founding the new colony was based on this special scheme

of government. It is positively stated by the colonists, in their

letter to Sothel (1691), that this set originally sent bore date July

21, 1669; was “fairly engrossed in parchment, and signed and sealed”

by six of the Proprietors; and as all persons were required to swear

submission to them _before they could take up land_, “several hundred

of the people arriving here did swear accordingly.” A MS. copy[751] of

this set, but without signatures, is in the Charleston library. It does

not contain the article establishing the Church of England. In other

respects it is as favorable to settlers as the revised set bearing date

March 1, 1669-70, and containing that article. That many colonists (the

majority being dissenters) preferred the first set sent with Sayle’s

commission may thus be reasonably accounted for. It was afterwards

repudiated by the Proprietors (those who were then Proprietors) as “but

a copy of an imperfect original,” to use the words ascribed to them in

the letter to Sothel; and they say themselves in their letter to the

Grand Council, May 13, 1691, “The Constitution, so-called, and dated

21 July, 1669, we do not nor cannot own as ours.” The second set was

printed, and, it is said, was not known at Ashley River till February,

1673.[752]

In 1687, under Governor Colleton, the endeavor to force the adoption of

the Constitutions occasioned such contention between their lordships’

officers and the representatives of the people that no laws were

passed for two years; and as all laws were limited to twenty-three

months, there was in 1690 _not one statute law in force_ in the

colony. A new position was taken and with boldness. “The people

having not, according to the royal charters, assented or approved

of any fundamental constitutions in parliament, have unanimously

declared that the government now is to be directed and managed wholly

and solely according to said charters.” Their revolutionary spirit

went still further. The representatives in Parliament denied “that

any bill must necessarily pass the grand council before it be read

in parliament.” They maintained this position, and in consequence

were dissolved. The Proprietors instructed their favorite, Landgrave

Colleton, brother of one of themselves, to call no more parliaments

“unless some very extraordinary occasion should require it.” Colleton

proclaimed martial law. The Proprietors thought he did right. In

his arrogance, he imprisoned a clergyman and fined him £100 for

preaching what he considered a seditious sermon. The Proprietors

thought it best to remit the fine. The people, however, raised a cry

against his “illegal, tyrannical, and oppressive way of government.”

Fortunately for him, Seth Sothel, a Proprietor by purchase of

Clarendon’s share, arrived,—having been turned out of North Carolina

by its assembly,—and assumed control of affairs in the more southern

colony, and acted pretty much as he pleased, till he was turned out

of his new position by his colleagues in London. The Proprietors, by

their aristocratic folly, had kept the people continually studying

and maintaining their rights. A new policy began, about this time,

in England,—to revoke proprietary charters. The spirit, too, of the

colonists, demanded from the Proprietors some conciliatory concession.

Yet it cannot but appear a triumph for the people, and not a good-will

concession, when “the true and absolute” lords wrote to the Grand

Council (1691), almost in the words which they had written to Andrew

Percival and to the provincial authorities,—as if they wished to

make an emphatic apology,—that there had been “no alteration made in

any of the Constitutions, but for the greater security of the people

of Carolina from oppression, either by ourselves or our officers,

as any one that will please to peruse the several alterations may

plainly perceive; the last in date still bounding our own power most,

and putting more into the hands of the people.” But they were forced

soon—and it must have been with some little feeling of vexation—to

acknowledge the failure of their Grand Model, and to write to their

next governor, Ludwell (who could not conciliate the “factious”

assembly), that they now thought it best for themselves and the

colonists to govern by all the powers of the charter; but that they

would part with no power till the people were disposed to be more

orderly. This was written to Ludwell; but to the public it was at

last definitely announced “that as the people have declared they

would rather be governed by the powers granted by the charter without

regard to the Fundamental Constitutions, it will be for their quiet

and the protection of the well-disposed to grant their request.” The

Proprietors, however, still held to the Constitutions as a compact

among themselves and as a regulation of their mutual interests; and

even endeavored once more to tempt the people to adopt some part of

them in the fifth set, reduced to 41 Articles. They were then laid

aside entirely.

The assembly (we shall no longer call them parliament), not yet aware

of the action of the Proprietors, prepared a summary of grievances:

that the latest form of conveying land was not satisfactory; that

courts ought to be regulated by laws made by the assent of the people;

that the representatives of the people are too few in the assembly and

not appointed according to the charter; that the power of enacting

necessary laws should not be obstructed; that the application of the

laws of England to the province ought not to be by authority of a

Palatine Court (established by their lordships), but such laws are

applicable of their own force, or are to be so by act of the assembly;

that the powers of the assembly and the validity of their enactments

are not to be judged by inferior courts, but by the next succeeding

General Assembly; that martial law should not be resorted to except in

case of rebellion, tumult, sedition, or invasion; that there should be

more commoners in the council; that the deputies of the Proprietors

were forbidden to confirm a certain set of laws (necessary at times

for the immediate welfare of the people) until their lordships’ assent

should be given, which could not be known in the province “in less time

than one year, sometimes two,” and they do not conceive the Patent of

Carolina gives any such powers to their lordships.

There was a further principle announced by the people: that the

Proprietors could send what “instructions” they pleased, but they

certainly could never have intended that they should have the force of

statute laws without the assent and approbation of the people, except

in such matters as wholly belonged to their direction according to the

charter. With so intelligent and progressive a people to control, the

almost impotent “absolute lords” on the other side of the Atlantic

might well have written to Ludwell as they did to Morton, “Are you to

govern the people, or the people you?” Yet a further signal triumph

for the people was at hand. The Proprietors had already seen fit to

modify their rule that the assembly of the people should neither debate

nor vote on any matter except what the Grand Council should propose

to them; but their modification at that time amounted to very little,

namely, that if a necessary law was delayed by the council, and “the

majority of the grand juries of the counties” presented the matter for

legislation, then only might “any of the chambers” take cognizance of

it. It was now the good fortune of Governor Smith,[753] successor to

Ludwell, to announce that “the Proprietors have consented that the

proposing power for the making of laws, which was heretofore lodged

in the governor and council only, is now given to you as well as the

present council.”[754] Henceforth the assembly claimed the privileges

and usages of the House of Commons in England.

[Illustration: COOPER AND ASHLEY RIVERS.

[This is a side-map in a large folding one called _A new map of

Carolina, by Philip Lea, at the Atlas and Hercules, in Cheapside,

London_. Courtenay considers it to be of a date before 1700. There is

a fac-simile of the whole in _Charleston Year Book_, 1883. For the

associations and landmarks of these rivers see C. F. Woolson’s “Up the

Ashley and Cooper,” in _Harper’s Monthly_, Dec., 1875; and P. D. Hay’s

“Relics of Old South Carolina,” in _Appleton’s Journal_, xix. 498. In

the _Charleston Year Book_ (1883) there is a large map, showing the

town and the early farms on the west bank of the Ashley; the present

site of the city up to near the Clements’ Ferry road, with all lines of

fortifications and historic points. Cf. W. G. Simms’ “Description of

Charleston,” in _Harper’s Monthly_, June, 1857.

Moll’s map of South Carolina (1730) is given in fac-simile in

_Cassell’s United States_, i. 439.—ED.]]

When there was no longer any reasonable expectation for the adoption

of the Grand Model of government, a carefully prepared set of

Instructions, in 43 Articles, became the rules for the colony, all

former Instructions and Temporary Laws being abrogated, except such

as related to lands. These rules continued as long as the Proprietors

owned the province. It is not necessary to explain them. They were

for the interest of their lordships; simple enough, but establishing

a proprietary oligarchy. The Palatine and three other Proprietors,

and, in the colony, the governor and three other deputies, constituted

the governing power, with, apparently, a complete check upon the

representatives of the people. The people could not complain if their

lordships carried out what they wrote to Ludwell, that “they would

part with no power” conferred on them by the charter “till the people

were disposed to be more orderly;” for the people had demanded to be

governed solely by the charter. The prominent question now would be:

Do their lordships properly interpret and apply the powers granted them

in the charter?

But fresh political subjects engaged attention: the tenure of lands,

naturalization of the French Huguenots, payment of quit-rents, now

for some years due, the jury laws, and that relating to elections.

Governor Smith lost courage; he could be no champion for their

lordships against his friends and neighbors. The only way out of the

difficulties occasioned by the maladministration of the Proprietors was

that some Proprietor should be sent over “with full power” to heal all

grievances. This plan was adopted. The grandson of Earl Shaftesbury was

appointed, but declined to come. A pious, benevolent Quaker came, John

Archdale, whose policy was a smiling patience, but a strict requisition

of every penny that was due to the “true and absolute lords” of the

province,—himself among them. He thought his patience would, as

he expressed it, allay their heats. But this could only be done by

concessions. He yielded to their request to have thirty representatives

in the assembly. He also remitted, after a struggle, arrears of

quit-rents to Michaelmas, 1695, on condition that the remaining debts

were secured, rents for the future strictly provided for, and the town

fortified by taxation. Some political advancement was gained by the

assembly;[755] the repeal of any law not infringing on the rights of

the Crown or of the Proprietors, or relating to land, was not to be

made without the consent of the General Assembly. The council, too, was

so constituted by the pious Quaker as to be more in harmony with the

dissenters. But he seemed to fear that he might be prevailed upon to

grant too much, and appointing his friend, Joseph Blake, in his place,

hastened away (1696). He lived to see the peace and tranquillity vanish

which he hoped he had firmly established. Two years later the “House of

Commons” petitioned (among other things) for the privilege of coining;

and for the removal of duties on the chief exports from the colony.

They also prayed that no more than 1,000 acres be in future granted in

one piece; that an authenticated copy of the charter be sent them; and

that the colonial authorities have power to repeal laws (if expedient

to do so) which had been confirmed by the Proprietors: and though some

of these things (they said) were beyond their lordships’ power to

grant, their interest with the king was great enough to secure them for

their colonists. Their lordships, as might have, been expected, were

astonished that Blake, himself a Proprietor,[756] should allow such an

address to be issued,—a precedent for so much future evil.

The century now closed. Governor Blake died in 1700. As required under

the 43 Articles, the deputies elected a Landgrave to succeed Blake,

till the Proprietors could be heard from. At first they chose Morton.

He was set aside afterwards by the council, as were all the Landgraves

in the colony, and Colonel James Moore, a deputy, appointed. This

competition gave origin, for the first time in the history of the

colony, to what may be denominated party strife. Besides Moore, several

able leaders now appeared,—among them, Major Daniel, Colonel William

Rhett, and Sir Nathaniel Johnson; while to Nicholas Trott the foremost

place must be assigned for distinguished learning and ability. On his

arrival he espoused the popular cause; but with numerous offices and

honors bestowed upon him by the Proprietors, he and his brother-in-law,

Colonel Rhett, became their zealous champions. These able men so

largely influenced their lordships that at a word from them governors

and councils were sometimes set at naught.

At the opening of the new century, we must cease to look upon South

Carolina as the home of indigent emigrants, struggling for subsistence.

While numerous slaves cultivated the extensive plantations, their

owners, educated gentlemen, and here and there of noble families in

England, had abundant leisure for social intercourse, living as they

did in proximity to each other, and in easy access to Charles Town,

where the governor resided, the courts and legislature convened, and

the public offices were kept. The road that led up from the fortified

town between the two broad rivers so enchanted Governor Archdale that

he believed no prince in Europe, with all his art, could make a walk

for the whole year round so pleasant and beautiful. From the road, to

the right and to the left, avenues of water-oaks in mossy festoons, and

in spring-time redolent with jasmines, gave the passer-by glimpses of

handsome residences, from whose spacious verandas could be seen on the

east the beautiful waters of the Bay, on the west the Ashley River.

Hospitality, refinement, and literary culture distinguished the higher

class of gentlemen.[757]

Governor Moore and his party gained control of the council by filling

vacancies with those of whose good-will they were assured. But they

ineffectually sought, by every means in their power, to elect a

majority of assembly-men in their interest. Even violence was resorted

to, and some estimable gentlemen, opponents of the party in power,

were set upon and maltreated in the streets. The assembly resolved

to investigate the abuses at the election, and were, therefore,

prorogued from time to time; and it was reported that martial law would

be proclaimed. When at last the assembly convened, they began with

recriminations. If the public welfare had required their counsels, why

had the governor, through pique, prorogued them? And was it true that

he designed to menace them with coercion? “Oh! how is that sacred word

Law profaned when joined with Martial! Have you forgotten your Honor’s

own noble endeavor to vindicate our liberties when Colleton set up this

arbitrary rule?”[758] But further disputation was averted. The governor

had planned a secret and sudden attack on St. Augustine. The assembly

joined in the scheme. They requested him to go as commander instead

of Colonel Daniel, whom he nominated. They voted £2,000; and thought

ten vessels and 350 men, with Indian allies, would be a sufficient

force. The doors are closed. Men, and even women, who had been to St.

Augustine, are interrogated concerning its defences. An embargo is laid

on the shipping in the harbor. Moore with about 400 men sets sail, and

Daniel with 100 Carolina troops and about 500 Yemassee Indians march by

land. But the inhabitants of St. Augustine had heard of their coming,

and had sent to Havana for reinforcements. Retreating to their castle,

they abandoned the town to Colonel Daniel, who pillaged it before

Moore’s fleet arrived. Governor Moore and Colonel Daniel united their

forces and laid siege to the castle; but they lacked the necessary

artillery for its reduction, and were compelled to send to Jamaica for

it. Unfortunately the agent sent put back to Charles Town, and the

governor sent Colonel Daniel himself to Jamaica. Before he returned,

two Spanish ships appeared off St. Augustine. Moore instantly burned

the town and all his own ships, and hastened back by land. Colonel

Daniel, coming from Jamaica with the artillery, narrowly escaped

the Spanish ships, and was convoyed to Charles Town by an English

man-of-war which he met at sea. The expense entailed on the colony was

£6,000.

When this attack on St. Augustine was planned, it must have been

anticipated in the colony that war would be declared against Spain

and France. The impending danger to South Carolina, a frontier to

Spanish Florida, induced the Proprietors to appoint as governor

the soldierly Sir Nathaniel Johnson (June, 1702). James Moore was

made receiver-general; Nicholas Trott, attorney-general; Job Howes,

surveyor-general; and Rhett, Broughton, and other men of ability,

adhering to the government in its hour of peril, increased thereby the

power of the dominant party. Colonel Moore, being sent out by Johnson

(December, 1703) with fifty Carolinians and one thousand Indians,

ravaged the country of the Apalatchees, allies of the Spaniards,

and utterly defeated them and a body of Spanish troops that came to

their assistance. Three years later, in August, when yellow fever was

prevalent and five or six deaths a day, in the small population of

Charles Town, was not a rare occurrence, a French fleet of five vessels

under Le Feboure, aided by the Spanish governor at Havana, suddenly

appeared off the harbor. Troops were disembarked at several points. A

council of war was held, and the Carolinians determined to go out and

meet the enemy. Colonel Rhett, Captains Fenwicke, Cantey, Watson, and

others, with many gentlemen as volunteers, defeated the invaders, and

brought 230 French and Spanish prisoners into town. Thus perished the

first attempt to take Charles Town by a naval force, a feat which never

yet has been accomplished. The governor, handsomely rewarded by the

Proprietors, thanked the troops for their valor and their unanimity at

a time when violent estrangements existed between political parties in

the colony.

Narrative and Critical History of America, Vol. 5 (of 8) The English and French in North America 1689-1763 · 第 8 / 21 章