Class t ^ 7 ^ 
 
 SMITHSONIAN DEPOSIT 
 
A CHAPTER 
 
 IN THE EARLY 
 
 i'NA. 
 
 BY 
 
 WM. J. KIVERS, A. M., 
 
 Author of •' A Sketch of the History of South Carolina to the close of the 
 Proprietary Government by the Revolution of 1719." 
 
 CHAKLESTON, S. C: 
 
 WALKER, EVANS & COGSWELL, PRINTERS, 
 
 Nos. 3 Broad and loi) East Bay Streets. 
 
 1874. 
 
.R i^ ^ 
 
To Professor F. A. Porcher, President of the South Carolina His- 
 torical Society : 
 
 Dear Sir : — In presenting to you and to the Society this 
 small contribution to your valuable oollections, I desire to 
 evince my appreciation of yonr disinterested efforts to pre- 
 serve authentic materials for the history of the State. The 
 ensuing chapter was written long ago, and is published now 
 solely on account of the appended papers, some of which are 
 important and of which, I believe, no other copy exists in this 
 country. 
 
 On page 164 of the volume I ventured to publish, an error 
 occurs which I take this opportunity to correct. I was per- 
 mitted by Hon. George Bancroft to use several volumes of 
 abstracts from official records in London made by Chalmers, 
 author of the "Political Annals" of the Colonies, in prepa- 
 ration for that work. Having carefully collated these abstracts, 
 with entire copies of some of the same records which I had 
 obtained from the State Paper Office, and having found them 
 in all cases correct and trustworthy, I credited them in some 
 instances where I lacked other material ; and adopted his words 
 " the excellent system of Locke," in allusion to the Fundamental 
 Constitutions. I have since 'obtained the exact words of the 
 instructions of the Lords Proprietors to Ludwell, 12 April, 
 1693, (p. 230, vol. 3, N. C. B. T.) which are as follows: " Wee 
 take notice that there is a Comittee apointed to draw up what 
 they would have for a system of Govern m* for the future, but 
 of what use that can be, unless to expose their weakness, and 
 make them sensible of their owne folly wee know not, for since 
 they have so disrespectfully refused that excellent systeme wee 
 offered in our Constitutions, wee have thought it best both for 
 ourselves and them to governe by all the powers granted us by 
 our Letters Patent," &c ; — signed by Craven, Ashley, Colleton 
 and Amy. 
 
 I have been informed that it was the intention of the present 
 Lord Shaftesbury, to give to the London Record Office a volume 
 of MS. letters of the" Eurl of Shaftesbury, relating to Carolina 
 affairs. Permit me to suggest to the Historical Society to 
 
4 PREFACE. 
 
 Becure a copy of these letters, or as many of them as we do not 
 already possess. They may servo to explain, besides more im- 
 portant matters, the share (if any) which the practical states- 
 men had in framing the curious system of government which 
 we generally attribute to the philosopher. 
 
 Very truly, yours, 
 Washi?igton College, Md. WM. J. RIVERS. 
 
CHAPTER XL 
 
 The Eevolution of 1719 continued — Delay in extending the 
 Royal Government over the Colony — Measures of the Revo- 
 lutionists in maintaining their authority — Ineffectual efforts 
 of Johnson to regain the Government for the Proprietors — 
 The Revolution completed — The form of the New System of 
 Government — Condition of the Colony at that Period, 
 
 We have seen in the preceding narrative that the 
 newly elected Assembly resolved themselves into 
 a Convention to accomplish the revolution, the peo- 
 ple having previously, through secret associations, 
 pledged themselves to their support. The Con- 
 vention issued a proclamation authorizing all officers, 
 civil and military, to continue in the discharge of 
 their duties till further orders from them. Governor 
 Johnson was solicited to renounce the interests of 
 the Proprietors, and retain his office in the name of 
 the king. Upon his refusal to do so,. James Moore 
 was chosen in his stead, and inaugurated on 21st De- 
 cember, 1719, to act till His Majesty's pleasure could 
 be known * A council of twelve, after the model of 
 the Royal Governments in the American Colonies, 
 was appointed in place of the old council. The 
 Revolutionary Convention then resumed its functions 
 as a Legislative Assembly, and proceeded to enact 
 such laws as the state of the Province required. f 
 
 A vessel being ready to sail for England, the new 
 Council and Assembly, on 24th December, addressed 
 
 *;See the Declaration of the Convention, Hewit, 1 Carroll's 
 Collections, p. 241. 
 
 fSoe I Stat. 57, and 2 Carrol I'.s Coll. p. 183. 
 
b EARLY HISTORY OP SOUTH CAROLINA. 
 
 a letter to the Board of Trade, explanatory of their 
 action in throwing off " the confused, negligent and 
 helpless government of the Lords Proprietors-" We 
 need not here repeat the details given by them in 
 justification of their conduct.'^ Besides the letters 
 received by the Board directly from the Revolu- 
 tionists, Mr. Boon, who was in England as agent for 
 the Colony, presented a statement of grievances, 
 together with arguments against the continuance of 
 the Proprietary Government. With equal activity, 
 Governor Johnsonf and a few other adherents of the 
 Proprietors, were sending adverse communications 
 with the hope that the old form of government would 
 be upheld or re-instated. The Lords Commissioners 
 for Trade and Plantations had no power officially to 
 recognize the new government. They endorsed the 
 communications from the existing authorities as from 
 "Col. Moore^ pretended Governor" — " the noAV pre- 
 tended Council and Assembly" — '^from the persons 
 who have taken upon them the government of South 
 Carolina." 
 
 The revolution, notwithstanding the unanimity of 
 the colonists, was not yet complete. Its successful 
 termination depended on the arbitrament of the 
 British Government, If this arbitrament should 
 not be in favor of the Colonists, and should not annul 
 the charter, the rightful authority over the Colony 
 must continue to emanate from the Proprietors. It 
 could hardly be expected that they, who had held 
 power for fifty years, and whose personal interests 
 were involved in the decision, would yield till after a 
 
 ♦Appendix Nos. 1, 2, and 3. 
 
 fSee his letter, Yonge, 2 Carroll's Coll. p. 184, 
 
EARLY HISTORY OF SOUTH CAROLINA. 7 
 
 strenuous effort to retain the administration of Colo- 
 nial affairs. King G-eorge was at this time absent in 
 Germany. Appeals from the Revolutionists to the 
 Regency in England, if successful at all, would prob- 
 ably result only in provisional measures for the imme- 
 diate relief and safety of the Province as a matter of 
 necessity, leaving the Proprietary Charter to be 
 revoked by legal process or surrendered on terms by 
 the claimants under the original grant. 
 
 Great anxiety was therefore produced by the delay 
 in the mother country to sanction the Revolution. 
 But the Assembly in Carolina steadfastly pursued its 
 policy. To hold office under the new government, 
 it was necessary to renounce the cause of the Pro- 
 prietors. One of the first removals was that of 
 Chief Justice Trott, to whose office Richard Allein 
 was appointed. No one exercising authority in the 
 Province was permitted to be neutral.* There was, 
 
 *I find no oflScial records of the Revolution for December and 
 January. Yonge, in his " Proceedings of the People," &c., 2 
 Carr. Coll., and Hewit, 1 Carr. Coll., must have had access to 
 papers of this period not now to be found among our State 
 records, and which probably do not exist in London, as vay 
 inquiries, through an agent, have failed to discover them there. 
 I suppose the sam^ Representatives elected to conduct the Revo- 
 lution continued as the Commons House of Assembly until the 
 new election in June, 1721. Their Journals remaining to us 
 begin February, 1720, and the following names are recorded : 
 Thomas Hepworth, Speaker ; Col, Geo. Logan, Col. Jno. Fen- 
 wicke, Maj. Arthur Hall, Daniel Huger, Capt. Roger Moore, 
 Geo. Smith, Capt. Jno. Gendron, Paul Hamilton, Andrew Allen, 
 Richard Smith, Capt. Christopher Wilkinson, Maj. Jonathan 
 Drake, Arthur Middleton, Capt. Benjamin Waring, Wm. Cattell, 
 (appeared and qualified from St. Andrews, February 9Lh,) Alex. 
 Skene, Sam'l Jones, Capt. Walter Izard; at the meeting, March 
 8th, occur the additional names of Capt. Wra. Dry, Wm. Elliott, 
 
O EARLY HISTORY OF SOUTH CAROLINA. 
 
 however, a marked exception in the case of the Comp- 
 troller and the Surveyor- General, whose continuance 
 in office was not disturbed, as they were the custo- 
 dians of the pecuniary interests of their Lordships, 
 against whose political power and control the Revo- 
 lution was directed, not against their property or 
 emoluments under the charter. 
 
 While thus guarding their authority at home, the 
 Assembly and Council were not negligent in securing 
 in England a favorable representation of their actions. 
 Mr. Boon was instructed to act separately from Mr. 
 Tryon, the other agent of the Colony, if the senti- 
 ments of the latter should lead him to countenance 
 the cause of the Proprietors, Col. Barnwell was 
 sent to join Mr. Boon, as special agent, to lay before 
 His Majesty the grievances of the people and to im- 
 plore his protection. 
 • The Act and Declaration of 23d December, " for 
 
 PiHer Johnson, Jno. Stanyarne Ralph Emms, Capt. Richard 
 Harris; at tho meeting in June, also, Capt, John Raven, John 
 Ouldfield, Wm. Wilkins, Col. Abraham Eve, John Williams; at 
 the meeting in August, also, Hugh Ilext ; in November, also, 
 Henry Houser and John Godfrej'. These make but thirty- 
 throe; accoi-ding to tho Election Act of 1719, there should be 
 thirty-six members. 
 
 Of the members of Council who served under James Moore, 
 as Governor, in December, 1719, the following names occur: 
 Sir llovenden Walker, President ; Richard Allein, Sam'l Eve- 
 leigh, Geo. Chicken, Thos. Smith, Alex. Parris, Richard Berres- 
 ford ; in January also, Jos. Morton, Thos. Waring, B. Schenc- 
 kingh, Sam'l Prioleau, (see App., Nos. 1 and 2.) If on the 
 authority of Yongo, (the Surveyor-General,) we add the name 
 of Jno. Lloyd, it will complete the number of councillors. Maj. 
 Wm. Blakeway was Clerk of Council. The Journals of Council 
 remaining to us begin in June, 1721, with Nicholson as Gov- 
 ernor, and a new Council whose names are recorded. 
 
EARLY HISTORY OF SOUTH CAROLINA. 9 
 
 preventing all doubts and scruples " concerning the 
 legality of the power of the new government, did 
 not prevent^ it seems, the occurrence of such doubts 
 among the timid, the ignorant, and the desponding. 
 There being no intimation that the King's Council 
 would sanction the extraordinary proceedings of the 
 Colonists, the minds of many began to waver ; and 
 when six months had now passed, and the Royal pro- 
 tection had not yet been extended over them, and 
 when adverse rumors began to be spread in the Pro- 
 vince by adherents of the Proprietors, the Assembly 
 endeavored again to support their officers and to allay 
 the uneasiness of the people by a law* defining their 
 position, declaring all participators in the late Revo- 
 lution justified and indemnified, and protecting their 
 officers for all acts done, and to be done, in pursuance 
 of the powers granted them. 
 
 During this state of anxiety and uncertainty, an 
 attempt was made by the late Governor to regain his 
 authority. x\t the breaking out of the devolution, 
 so general had been the combination, so unimpeded 
 its success^ and, at the same time, so undiminished 
 had been the good will of the people and of their 
 leaders towards their late Governor, that it seemed 
 to the Proprietors improbable that he could have 
 been, (as no doubt he was,) entirely ignorant of the 
 schemes of those who had by one blow wrested all 
 power from his hands and completely overthrown the 
 government. f But though the Proprietors treated 
 the letters of Governor Johnson with silence and 
 
 *June 17, 1720. See 1 Stat., p. 58- 
 
 fYonge states thut the Governor was ignorant of these 
 schemes. ProceedingH, &c-, 2 Carr. Coll., pp. 164, ISo. 
 
10 
 
 EA.RLY HISTORY OF SOUTH CAROLINA. 
 
 neglect, he did not abandon their cause. His first 
 effort to keep alive their power was directed against 
 the merchants and ship-owners. As ship and cargo 
 mio-ht be forfeited by illegal clearances, he appealed* 
 to Colonel Rhett, the Comptroller of the Customs, to 
 stop the necessary papers from the Custom House 
 unless masters of ships would recognize himself as 
 the lawful Governor, and pay their fees to him, and 
 not to Governor Moore. Having failed in this, his 
 next eifort was with the Assembly. As we before 
 mentioned, the Revolution had been consummated 
 at a fortuitous moment when the militia were mus- 
 tered at Charleston for review, in anticipation of an 
 invasion by the Spaniards. It now became certain 
 that a fleet was collected ready to sail against either 
 South Carolina or the Island of Providence. Though 
 its precise destination was unknown, Governor Moore 
 prepared for an attack. Martial law was proclaimed. 
 The militia were again in arms at Charleston.-}- At 
 this juncture, Johnson addressed a noble appeal to 
 the Assembly to permit him to lead the forces, for 
 danger threatened, a conflict was imminent^ and in 
 virtue of the commission he held, he ought to bear, 
 at such a crisis, the responsibility of the safety and 
 welfare of the Province.^ Having failed likewise in 
 this, his last effort was a resort to force. To defray 
 the public expenses, which had been greatly aug- 
 mented by the necessity of fortifying Charleston 
 ao"ainst the threatened invasion, a tax of £30,000 was 
 levied on lands and negroes. The tax upon his own 
 
 *See his letter, Yonge, 2 Carr. Coll., p. 185. 
 
 ^Appendix No. 4. 
 
 |Sec tluH appeal, llewit, 1 Carr. Coll., p. 247. 
 
EARLY HISTORY OF SOUTH CAROLINA. 1 1 
 
 property under this law^ Johnson refused to pay, as 
 not levied by lawful authority. By his advice 
 and encouragement, about one-third* of the people 
 refused or neglected to pay the tax until executions 
 were issued against them. Besides this apparent 
 defection, the fact that the clergy refused to perform 
 the marriage ceremony without the regular license 
 from him, in accordance with established forms^ must 
 have encouraged in his mind a belief that a party 
 existed secretly opposed to the policy of the Revo- 
 lutionists, and preferring to yield to him as Grovernor 
 of the Province. But it was not till he received aid 
 from the crews of several English men-of-war that 
 he formed the plan of seizing the government. The 
 Spanish fleet had not approached Carolina, but had 
 invaded the Island of Providence, had been repulsed 
 there by Governor Rogers^ and on their return had 
 been scattered and disabled by a storm. After this 
 event the Flamborough, Capt. Hildesley, returned 
 from Providence to Charleston, and the Phoenix, 
 Capt. Pearce, happened also to arrive. Johnson was 
 induced, principally, it appears, by Capt Hildesley, 
 to demand the government from Col. Moore.f " Two 
 of H. M. ships of war," says he, " being now in the 
 harbor, and the commanders sensible of the diffi- 
 culties I have labored under, as well as the whole 
 country^ by your unjust usurpation of the govern- 
 ment, have therefore resolved to assist me with all 
 their forces to re-assume the same." This was on the 
 9th May, 1721. Information from the Agents in Lon- 
 don had already been received by the Revolutionists 
 
 ♦House JournalB, No. 5. 
 
 fSee Appendix, Nos. 5, 6, 7, and 8. 
 
12 EARLY HISTORY OF SOUTH CAROLINA. 
 
 that the Regency had determined to protect the Colony, 
 and that General F. Nicholson had been appointed 
 Provisienal Royal Governor; and this news had been 
 publicly communicated to the people, to quiet their 
 minds and frustrate the designs of Capt. Hildesley. 
 
 Johnson and Hildesley^ however, having matured 
 their plan, appeared before the town with about 120 
 men, the greater part of whom were sailors from the 
 Flamborough. The forts opened fire upon them. 
 Whereupon Capt. Pearce, of the Phoenix, was deputed 
 as mediator, who, with a number of Johnson's Council^ 
 proposed terms of settlement. The terms being re- 
 jected, Johnson requested to see the orders of the 
 Regency, and the letters from Mr. Boon and Colonel 
 Barnwell. As soon as these were read by Johnson, 
 he disbanded his men and gave up all further moles- 
 tation of the existing government. 
 
 The Revolution was now complete. No bloodshed, 
 no brutal violence characterized the movement. A 
 total change in the government had been effected. 
 The people^ as a mass, seem to have been actuated by 
 noble principles in throwing off the feeble, inefficient 
 and often tyrannical management of the Proprietors, 
 for the sake of promoting the safety and prosperity 
 of the Colony, and of securing justice and freedom 
 for themselves and their children. They had rid 
 themselves of the charter and the intolerable incubus 
 of Proprietors, as they had before thrown off the 
 shackling restrictions of the Fundamental Consti- 
 tutions. No longer subject to an intermediate poweri 
 they. stepped forth, as it were, into the unimpeded 
 light of English constitutional liberty. It was a step 
 forward, apparently nearer to the king, but, in re- 
 
EARLY HISTORY OF SOUTH CAROLINA. 13 
 
 ality, nearer to the full enjoyment of English rights 
 and privileges. With the movement was engendered 
 an increased jealousy in watching over their inner 
 national development, and in directing the peculiar 
 elements of their remote colonial position to the ex- 
 pansion of their own power and prosperity. There 
 is much also to admire in the conduct of those to 
 whose decision the Colonists appealed. A powerful 
 government had long desired the removal of a feeble 
 barrier to its dominion over an immense territory. 
 But without grasping at the prize, without thrusting 
 aside the rights of the delinquent Proprietors^ it ex- 
 tended only a temporary protection over the Province, 
 and waited till it was calmly determined how and for 
 what the Proprietors would relinquish their claims 
 to the large territorial property from the Atlantic to 
 the Ptxcific, granted by the charter of Charles II. 
 The relinquishment was not eii'ected till 1729, and an 
 eighth part was then still reserved to Lord Carteret, 
 who was unwilling to surrender his title.'^ 
 
 Although in this long interval efforts were made 
 by the Proprietors to retain their charter, there was 
 in Carolina no general expectation that the political 
 authority over the Province would ever revert to 
 them. It was, however, a matter of some doubt at 
 the time when the Revolution against the Proprietary 
 Government was first effected, and there was an ur- 
 gent necessity, both for the contentment of the people 
 and the security of the Province, that the Royal pro- 
 tection promised them by the Regency should, as 
 soon as possible, be put into active operation. The 
 
 *See the act for surrender of the Proprietary title. 1 Stat, 
 at Large, p. 60. 
 
14 EARLY HISTORY OF SOUTH CAROLINA. 
 
 arrival of the Provisional Governor, General Nichol- 
 son, was anxiously looked for. His commission is 
 dated 26th September, 1720. He arrived in the Col- 
 ony 23d May, 1721, and was received with great 
 rejoicing by Governor Moore, by the Assembly and 
 by the people. 
 
 ♦ Before we narrate what occurred under the admin- 
 istration of Governor Nicholson, let us notice the 
 principal features of the new method of government. 
 The instructions to Governor Ludwell, dated 8th 
 November, 1691, with the additional clause to Gov- 
 ernor Smith, in 1693, were the rules of government 
 or constitutional forms adopted by the Proprietors 
 when their Fundamental Constitutions were laid 
 aside. The instructions to Governor Nicholson, of 
 August 1720, embracing 96 articles,* form the basis 
 of the Royal method of government which supplanted 
 the Proprietary system, and continued in force, with 
 some modifications, during the second period of our 
 history, from the Revolution of 1719 till the Revo- 
 lution for Independence in 1776. The following is a 
 synopsis of the principal articles of the instructions 
 to the first Royal Governor. 
 
 He selected his council, twelve in number, and 
 transmitted their names and qualifications to the 
 King's Council in England for approval. He made 
 known to his councillors his commission, admin- 
 istered to them the oaths of office usual in the mother 
 country, and required them to subscribe the decla- 
 
 *See the instructions to Ludwell and Smith, and those to 
 I^icholson in Appendix Nos. 9, 10 and 11. For the first con- 
 stitution adopted by the people in March, 1776, superseding the 
 Royal Government, see 1 Stat, at Large, p. 128. 
 
EARLY HISTORY OF SOUTH CAROLINA. 15 
 
 ration of religious faith. He informed them of such 
 portions of his instructions as it was necessary for 
 them to know. They had freedom of debate and 
 vote on all measures discussed in council. Five was 
 a quorum, except in extraordinary emergencies, when 
 three might act with the Governor, if more could not 
 be assembled. As they were nominated by the Gov- 
 ernor, so they could be suspended by him, and even 
 without consultation with the rest of the council, if 
 he thought his reasons for the suspension ought not 
 to be communicated to them. 
 
 In case of the death or absence of the Governor, 
 if no commissioned Lieutenant-Governor were in the 
 Province, the eldest councillor, as president, acted in 
 his stead; but could pass no act not immediately 
 necessary, without His Majesty's order for that pur- 
 pose. Copies of all Acts, of the Treasury Accounts, of 
 the Journals of the Council and of the Assembly 
 were regularly transmitted to E ngland. No public 
 money could be issued or disposed of but by the 
 Governor's warrant, with consent of the council ; but 
 the Assembly were permitted "from time to time to 
 view and examine the accounts of money, or value of 
 money, disposed of by virtue of laws made by them." 
 
 The members of Assembly were elected only by 
 freeholders. Laws of unusual or extraordinary na- 
 ture and importance, or those repealing previous 
 laws approved in England, could not be enforced till 
 the King's approbation was given. The enacting 
 clause was "by the Governor, Council and Assembly." 
 The members, (as likewise judges, justices and every 
 person holding any office or place of trust or profit 
 in the Province,) were required to take the same oaths 
 
16 EARLY HISTORY OF SOUTH CAROLINA. 
 
 .•IS the councillors. The Assembly could bestow no 
 gift or present upon the Grovernor. He was entitled 
 only to a stated salary, as were also the other officers 
 of gov^ernment. In regard to the claim of certain 
 privileges by other Assemblies in the Colonies, the 
 Governor was instructed, ■' if, upon your calling an 
 Assembly in Carolina, you find them insist upon any 
 of the above privileges, you are to signify to them 
 that it is His Majesty's express will and pleasure 
 that you do not allow any protection to any member 
 of the Council or Assembly further than in their 
 persons, and that only during the sitting of the 
 Assembly, and that you are not to allow them to ad- 
 journ themselves otherwise than de die in diem, except 
 Sundays and holidays, without leave from you or the 
 commander-in-chief for the time being first obtained. 
 And that the Council have the like power of framing, 
 mending or altering money bills as the Assembly. 
 And you are hereby expressly enjoined not to allow 
 the members of Assembly in Carolina any power or 
 privilege whatsoever, which is not allowed by His 
 Majesty to members of the House of Commons in 
 Great Britain. 
 
 No new courts could be formed without the King's 
 especial order. Judges and other officers of justice 
 were not to be displaced excej)t for good and sufficient 
 reasons, and their commissions were not to be limited 
 in time. No man's life^ member or property could 
 be taken but by known laws, and such as were not 
 repugnant to the laws of England. Justice was not 
 to be delayed or partially administered. Appeals in 
 certain civil cases could be made to the Governor and 
 Council, and from them to the King. 
 
EARLY HISTORY OV SOUTH CAROLINA. 17 
 
 Liberty of conscience was granted, except to 
 Papists. The Episcopal was the established Church 
 under jurisdiction of the Bishop of London, by whom 
 or by the Governor, schoolmasters also were licensed 
 to teach. 
 
 The inhabitants were to be armed and trained, and 
 an account of the defensive state of the Province and 
 the strength of the neighboring Indians and Euro- 
 pean settlements was required to be sent to England. 
 But care should be taken to have justice done to the 
 Indians and to secure their friendship. It was also 
 enjoined upon the Governor to send maps of the 
 Province and its fortifications ; a list of all officers 
 and offices, and the expenditure of each, and statistics 
 of the inhabitants, men, women and children, free 
 and slave, their yearly increase or decrease, and the 
 number able to bear arms ; also of all persons born, 
 christened and buried. 
 
 Trade was to be encouraged, particularly that of 
 the Royal African Company. " And as His Majesty 
 is willing to recommend unto the said company that 
 the said Province may have a constant and sufficient 
 supply of merchantable negroes, at moderate rates, in 
 money or commodities, so you are to take especial 
 care that payment be duly made, and within a com- 
 petent time, according to their agreement;" and to 
 this end courts of justice were to be frequently held, 
 that all His Majesty's subjects, and " particularly 
 the Royal African Company, and others trading to 
 Africa/' might have the benefit thereof and meet no 
 undue hindrance in the recovery of their just debts. 
 
 In cases not provided for in the instructions or 
 Governor's Commission, he was to act by the advice 
 2 
 
18 EARLY HISTORY OF SOUTH CAROLINA. 
 
 of his council ; feut not to commence or declare war, 
 except against the Indians^ on emergency.* 
 
 Such were the principal regulations under which 
 the government of South Carolina was conducted 
 after the displacement of the Proprietors. The new 
 system was less encumbered in its operations, there 
 being now fewer agencies between the chief authority 
 in England and its distant subjects in the Colony. 
 Some of the articles of instruction, however, par- 
 ticularly such as give to the Council legislative 
 powers equal or superior to the powers of the popular 
 Assembly, were not calculated to allay that spirit of 
 political advancement on the part of the people which 
 we have seen exhibited in the recent contests with 
 the Proprietors. Hence the history of the Colony 
 under the Royal Grovernment will be found to be 
 still marked by contests of the Assembly, or repre- 
 sentatives of the people, to secure to themselves pre- 
 dominant legislative power in the management of 
 the domestic affairs of the Province. The new gov- 
 ernment was modeled after that of the mother 
 country; the Grovernor representing the King, and 
 the Council the House of Lords. But the Coun- 
 cillors were, for the most part^ inhabitants and natives 
 of the Province, neighbors or relatives of the Assem- 
 blymen; and yet live, or even three, of these might, 
 with the Governor, counteract the entire body of the 
 popular representatives. Discordant elements, how- 
 ever, we shall perceive, may exist for a long time in 
 a form of government without ill effects, when a 
 
 *See, besides App. No. 11, notices of the Eoyal Government 
 in Howit, 1 Carr. Coll., p. 277, and Judge Brevard's Obser- 
 vations on our Legislative History, 1 Stat., p. 430. 
 
EARLY HISTORY OP SOUTH CAROLINA. 19 
 
 country is prosperous, and the rulers benignant and 
 contented to be no more than watchful guardians of 
 the people's welfare. 
 
 The condition of the Colony, at the time of the 
 transition to the Royal Government, was not pros- 
 perous. It had never been very prosperous under 
 the management of the Proprietors. Fifty years had 
 passed, and though the lands were fertile and there 
 were slaves to till them — though the harvests were 
 abundant and the settlers enjoyed an ample supply 
 of fish from the waters and game from the forests — 
 though the means of living were easily secured and 
 wealth was a sure reward to industry — yet we find 
 only a narrow strip of the seaboard settled, and the 
 population in 1720 computed to be at most 9,000* 
 whites, of all ages^ of whom about 2,000 were men 
 (from 16 to 60 years of age) capable of bearing arms, 
 but scattered 150 miles along the coast. In the 
 eleven parishes there were 1^305 tax-payers, and 
 11,828 slaves. The Province was a frontier towards 
 the west and south-west, with Spaniards, and French, 
 and hordes of Indians to confront, and often to war 
 with. In the dangers and conflicts of the settlers 
 during a half century, very little protection or help 
 had been received from the Proprietors in England. 
 When we take into account, moreover, the diseases 
 incident to sultry lowlands, it is not surprising that 
 there had been -a slow increase of population, and 
 scarcely any from recent immigration. Governor 
 Johnson reckoned that from the Yemassee war in 
 1715 to 1720, from losses and various adverse causes, 
 
 *The computations in App. Noe. 12 and 13 differ from 6,400 
 to 9,000. 
 
20 EARLY HISTORY OP SOUTH CAROLINA. 
 
 there had been an actual increase of only 100 in the 
 number of white inhabitants. This condition of 
 weakness and insecui^ty was soon changed under the 
 Royal Government. \ We shall see a more liberal 
 bestowal of grants of land, renewed immigration, 
 and a stretching upward of the population towards 
 the interior and more healthy portion of the Province. 
 
 In 1715 more than 26,000 Indians, dwelling at dis- 
 tances from Charleston varying from 60 to 600 miles, 
 were under the subjection or influence of the gov- 
 ernment of the Province, and traded with its mer- 
 chants. Their trade was worth annually above 
 £10,000 sterling. They brought down deer skins, 
 furs and other peltry^ and took in exchange guns, 
 ammunition, cloth and iron ware — about 200 English- 
 men traded among them as agents for the merchants. 
 In 1720 we had lost half of this lucrative traffic, and 
 the friendship and allegiance of many distant tribes 
 had been by more immediate allurements secured to 
 the Spanish colonists in Florida and to the French in 
 Louisiana. The Province was consequently in con- 
 stant danger from the Indians, except from such 
 feeble tribes as dwelt to the northward, and who 
 numbered only about 2,800 souls. 
 
 Commerce was carried on entirely by British mer- 
 chants. These supplied the Colonists with all man- 
 ufactured articles, and with negro slaves, about 1,000 
 each year. Payment for these was made with money 
 received from the shipping of provisions to the West 
 India Islands, and by exporting rice, peltry, timber 
 and naval stores to England and the northern colo- 
 nies» Two hundred vessels of all sorts w^ere annually 
 freighted at Charleston. Between January, 1719, and 
 
 ) 
 
EARLY HISTORY OP SOUTH CAROLINA. 21 
 
 Januar}^ 1720, there were exported to Great Britain, 
 9,115 barrels of rice, 12,475 barrels of pitch, 15,052 
 barrels of tar, 80 chests of deer skins, besides staves, 
 cedar, &c. ; and to the other Colonies, 3,953 barrels 
 of rice, 4,406 barrels of pitch, 6,273 barrels of tar, 
 together with " masts^, booms, bowsprits, barrels of 
 beef, pork, butter, candles, soap, tallow, deerskins, 
 tanned leather, raw hides, corn, peas, cedar plank 
 and pine plank, staves, hoops, boards, shingles, oars, 
 &c." 
 
 Greater security against the Indians and Spaniards 
 was all that was needed to protect the Indian trade, 
 to increase the amount^of exports and foster a more 
 extended agriculture.' This security will now be 
 afforded by the Royal Government, and a new era 
 of prosperity will dawn upon the Colonists, so long 
 oppressed and disheartened under the inefficient ad- 
 ministration of the Lords Proprietors. 
 
22 EARLY HISTORY OP SOUTH CAROLINA. 
 
 Since the late war of Secession, circumstances 
 have rendered me unable to continue the pre- 
 paration of cC second volume of our history, 
 which ivould have emhraced the period of the 
 Royal Government in South Carolina. Such a 
 volume, I am convinced, (for I have carefully 
 examined all the records in Columbia) can only 
 be properly written from the large collection of 
 materials in the State Paper Office in London. 
 I would therefore beg leave to insert the fol- 
 lowing article from RussselVs Magazine, Octo- 
 ber, 1858, and to refer to an address before 
 the Historical Society in 1861, to show the 
 prominent design which I had in view, viz: 
 to trace in our Colonial history the development 
 of Republican constitutional self-government 
 which was consummated by the Revolution of 
 1776. 
 
 "A PAGE OF THE STATUTES— HISTORICAL EXPLA- 
 NATION." 
 
 There is nothing in the histories of our State, except a sen- 
 tence of Dr. Ramsay, which explains the facts stated in the 
 third volume of the Statutes at Large, page 273, viz : that there 
 are no Acts of Assembly for the year 1730, none for 1729, none 
 for 1728. Perhaps during no equal time in the history of the 
 Colony was the Legislature oftener in session, or greater unan- 
 imity displayed by the Assembly for the enactment of at least 
 one law, which they thought most conducive to the welfare of 
 the Province. 
 
 In reading the recorded proceedings of those years— such of 
 them as remain to us — more will attract the attention than the 
 simple fact of the failure to enact laws. Something might be 
 
EARLY HISTORY OF SOUTH CAROLINA. 23 
 
 noticed of that pertseverance and mutual fidelit}' by which the 
 people had lately annulled the power of the Proprietors; some- 
 thing to remind us that they were the fathers of those who 
 achieved our independence of the Crown ; and if we look 
 neither to the past nor future of that period, there is still much 
 to interest us in the views maintained on certain rights and 
 privileges, and on some subjects of political economy — for a 
 great currency question then agitated the Colony. 
 
 The Eoyal Government in Carolina was based at first on 
 certain articles of instruction. By one of these the adminis- 
 tration devolved on the "eldest councillor," in case of the 
 death or absence of the Governor, provided no commissioned 
 Lieutenant-Governor were in the Province. When Nicholson 
 returned to England, in 1725, the Hon. Arthur Middleton, the 
 eldest Councillor, became President of the Council, and Com- 
 mander-in-Chief of South Carolina. He had been prominent 
 in the Revolution of 1719, in bringing the Colony under the 
 Royal Government. In his present station, he exhibited an 
 undeviating adherence to his duty to the King, and a firm 
 opposition to encroachments by those with whom he had been 
 formerly associated — many of whom had the spirit of progress, 
 liberty and revolution still unsatisfied within them. Whatever 
 may have been said of him by Judge Whitaker, and the com- 
 plaining Mr. CouUiette, and even rudely insinuated by the 
 Assembly in one of their messages to him, we may ascribe to 
 political animosity. It is not necessary to look for the sources 
 of the extraordinary opposition to him, beyond the unflinching 
 antagonism of himself and the Council to a favorite measure 
 of the Assembly and people. He believed it his duty to oppose 
 their plans. They believed it their duty and interest to persist 
 in them. He and they, therefore, in unyielding attitudes, went 
 gradually down, step by step, in trouble, for throe years, till 
 Governor Johnson arrived from England. 
 
 Nicholson's favorite expression, repeated in almost every 
 address and message to the Commons, was " the two insepa- 
 rables, his Majesty's interest and service, and that of this 
 Province." Middleton's was, " his Majesty's Royal Preroga- 
 tive," repeated and adhered to in the strictest sense of duty. 
 Nicholson's "two inseparables" never hindered his kindly 
 yielding to the manifestly good measures of the Commons. 
 
24 EARLY HISTOEY OF SOUTH CAROLINA. 
 
 He even indulged them with an increased issue of paper money.- 
 While true to the King, he was very generous to all whom he 
 governed. The brave old man, when he camo, brought a 
 Prayer Book for each member of the Assembly ; when he left, 
 he bestowed a father's benediction .upon them. He went away 
 poorer than he came, for he spent more than his income on the 
 Province, and refused to accept a present from the Assembly. 
 Middleton was of a sterner nature, and the encroaching dis- 
 position of the recently successful people forced him to raise 
 the barrier of " Eoyal Prerogative" so high that his heart was 
 hid behind it. But though our present sentiments naturally 
 incline us to sympathize with the people, we must say, with 
 admiration, that in the unequal conflict, Middleton yielded not 
 an inch to their demands when he thought he was bound to 
 resist them, although he saw his opposition bringing his gov- 
 ernment to the brink of ruin. 
 
 In giving a succinct narrative of this legislative contest, it 
 will be best to begin about the time of the passing of the 
 two Acts noticed in the Statutes for the year 1727. — The dis- 
 agreement between the Upper and Lower Houses, appears to 
 have begun with the arrest of Landgrave Smith, in June of 
 that year, on a charge of high treason. — Smith was, at the 
 time, a member of the Assembly, which was not then in session. 
 On account of popular disturbances, and the petition of many 
 gentlemen, especially the merchants, the Assembly was sum- 
 moned to meet on August 2d. On the first day of their meeting, 
 they sent to the Upper House a Bill concerning the duties of 
 the Chief Justice, (it was by his warrant that Smith had been 
 arrested) and to secure "the liberties of the subjects within 
 this Province." At the same time Smith petitioned the As- 
 sembly to hear him through counsel, at the bar of the House, 
 on the question of the legality of his commitment, and his right 
 to an Habeas Corpus. The Council, on the ground that his 
 Majesty's Prerogative was involved, demanded immediately a 
 copy of the memorial and petition presented by Smith to the 
 Assembly, and of their resolutions granting him a hearing. 
 The Assembly not answering immdliately, the Council, the 
 same day, repeated their demand ; " as the King's prerogative 
 is concerned, and you have not thought fit to respond, I there- 
 fore, now," said Middleton, "in his Majesty's name, require and 
 
EARLY HISTORY OF SOUTH CAROLINA. 25 
 
 command that you forthwith comply," They replied, but not 
 in time for him to receive their answer until the next day: 
 "Had your Honor desired copies of them, instead of demanding, 
 and requiring, and commanding them, we would readily have 
 sent them to your Honor. We have, however, directed our 
 Clerk to deliver copies of them to any person your Honor will 
 order to receive them." Middleton'sposition was that the crime 
 of High Treason was " examinable and triable only in the King's 
 Courts," and to them belonged the question of granting the 
 Habeas Corpus. "I cannot sit at the head of the government 
 and see its rights so notoriously invaded under false notions of 
 liberty," "nor will I suffer such violations of his Majesty's Pre- 
 rogative in my administration." When Secretary Hart of the 
 Council carried this answer to the Lower House, he found the 
 stairs so crowded that he had much trouble to got into the room 
 above. When he succeeded in getting up, he found Nicholas 
 Trott (not a member, but invited for the purpose) "endeav- 
 oring to produce precedents before the House, why Landgrave 
 Thomas Smith ought to be admitted to bail." On hearing this, 
 Middleton instantly broke up their sitting, by proroguing them 
 till September. 
 
 We need not notice further this case of high treason, (the 
 second in the history of the Colony,) nor the popular commo- 
 tions connected with it. The charge was, for Smith's " com- 
 posing and publishing a seditious libel ; for drawing together 
 seditious, riotous and tumultuous assemblies, and gathering 
 together numbers of armed men, and disturbing the peace," 
 &c. — Smith, however, was guilty of nothing but an attempt 
 (with injudicious zeal) to get up a general petition about the 
 grievances of the people. These grievances may be seen in 
 the following sentences, from a " Eepresentation of the Inhab- 
 itants of South Carolina," addressed to the Council in June ; 
 the chief causes of complaint are, the malice and extortion of 
 a set of men who are in power — that though Courts are in the 
 country, the inhabitants are hauled to town and tried, it may 
 be, a hundred miles from home" — the liberty of Englishmen is 
 thus taken away ; that of being tried by their peers and 
 neighbors — that they defend and maintain a "government 
 ys^hich will not protect " them, and are left a sacrifice to " base 
 judges" and "griping lawyers, and also to extortioners, who 
 
26 EARLY HISTORY OF SOUTH CAROLINA. 
 
 very often make them pay three or four times as much as ia 
 their just due, and this for the want of a Tender Law of country 
 produce, or a sufficient quantity of paper bills for the trade of 
 the Province," — the unfairness of taxing all negroes alike, "the 
 aged, suckling and decrepid pay the same tax as the best," — 
 the injustice of the land tax, "some pay 10s. for land, others 
 15s. for such as is not worth the twentieth part as much," &c. 
 " Who," they conclude, " will, or rather can, suffer oppression, 
 when they have it in their power to free themselves ? 'Tis 
 contrary to nature; and we must either leave the Province, or 
 redress ourselves as God shall enable and direct us." 
 . It is necessary to our narrative to quote here certain reso- 
 lutions of the Kepresentatives of these liberty-loving "inhabi- 
 tants of South Carolina," passed on the tirst day of the session 
 of which we have already spoken : 
 
 " Resolved, That it is the undoubted right of his Majesty's free 
 born subjects within this Province to represent their grievances 
 to the Governor, and Council, and Assembly, for the time being, 
 jointly or separately, and to petition to have them redressed. 
 Resolved, That whoever asserts the contrary is a betrayer of 
 the rights and liberties of the people. Resolved, That all com- 
 mitments and prosecutions for such petitioning are illegal. 
 Resolved, That by the Election Act now in force, the Assembly 
 in this Province ought to sit once in six months. Resolved, 
 That this present Assembly was prorogued from the 11th day 
 of March last to the second Tuesday in October, which is seven 
 months, notwithstanding the Election Act aforementioned. 
 Resolved, That this House never proposed to the Council any 
 Bill that was disadvantageous to the public, or contrary to his 
 Majesty's royal orders and instructions, and that all insinuations 
 to the contrary are highly reflecting upon the honor and dig- 
 nity of this House." 
 
 This last resolution was in contradiction to what the Presi- 
 dent had stated in his Proclamation on the 17th of June. 
 
 Before the prorogation till September expired, the Assembly 
 were summoned (24th August) on account of Indian affairs. 
 They took exception to the President's late " unprecedented 
 Proclamation," (August 24:th) for proroguing them when they 
 were " only asserting the privileges of those wo represent." 
 
EARLY HISTORY OF SOUTH CAROLINA. 27 
 
 After despatching the Indian affairs, by sending agents to the 
 Creeks and Cherokces, and accepting the offer of the gallant 
 Col. Palmer against the Yemassees, (which produced the only 
 Acts for the year 1727 ;) they proposed a Bill for promoting 
 the currency of gold and silver. 
 
 It was this Bill which clogged the wheels of legislation for 
 the next three years. On its first reading it was rejected by 
 Council, with the assurance they would pass no such measure. 
 The irritated Assembly wished to know if they were to be re- 
 duced to "vassals and slaves," having their Bill rejected before 
 debate, and without consultation between the two Houses. 
 "I care not," said Middleton, "for your unjust and invidious 
 reflections." And the members of Council, apart from the 
 President, thought it proper also to reply through Mr. Izard, 
 — " we are accountable to his Majesty, and not to you ; we are 
 'not in the least concerned at your invidious reflections upon 
 our refusing to pass your Bill." 
 
 An election now occurred for a new Assembly, which con- 
 vened the following January. There can be no doubt of a 
 popular agitation on the Currency Bill, and of the election of 
 Eepresentatives distinctly on that issue. The provisions of 
 this Bill, as originally reported, are on the Assembly Journal ; 
 but its character, and the arguments for it and against it, may 
 be gleaned from what follows. 
 
 Col. Wm. Dry, elected Speaker of the Assembly, being pre- 
 sented as usual to the President of the Council, claimed for his 
 House their accustomed privileges, comprised in the expressions, 
 "freedom of debate, protection in our persons, and free access 
 to your Honor." Some members elect, (Thomas Lynch, Charles 
 Lewis, Michael Darby, James Stobo, Wm. McMahan, and John 
 Bee,) would only qualify before the Council by holding up the 
 right hand in swearing, and not upon the Holy Evangelists. 
 Middleton therefore refused them a seat in the Assembly. The 
 other members thereupon passed a Bill enabling them to qualify. 
 This the Council unanimously rejected, because contrary to the 
 Eoyal Instructions. The instructions to Nicholson, — the con- 
 stitutional form of the Koyal Government in Carolina, — are 
 before us, and no specific form of taking the oaths is therein 
 enjoined. It could not have escaped the memory of Middleton, 
 that when Nicholson met his first Assembly in June, 1721, 
 
28 EARLY HISTORY OF SOUTH CAROLINA. 
 
 Eobert Fenwick, Thomas Lynch and Michael Darb}'', (two of 
 whom were among the present number) took the same ground, 
 and being objected to, the Assembly stated that it had been the 
 custom, from the beginning of the Colony, to allow the oaths to 
 be taken according to the persuasion of the person sworn ; and 
 Nicholson yielding, until his Majesty's pleasure could be known, 
 appointed Middleton and another of the Council to administer 
 the oaths accordingly. Perhaps Nicholson or the President 
 bad received additional instructions on the subject, for the 
 Assembly pressed the matter no further, but sent up again the 
 Bill regulating the currency. It was rejected by Council, who 
 argued that if it fixed the same rates for coins as the Act 
 of the British Parliament, 6 Anne, — it was unnecessary; if 
 different rates, then for that reason it could not pass, the said 
 Act being of force in the Province. The Assembly were also 
 anxious to fix the rate of discount, for a term of years, on their 
 paper money as a protection to the people. A few excellent 
 papers were produced by the discussion, copies of which were 
 transmitted to England. The arguments of the Council were 
 from the pen of Ealph Izard, to whom it appears, the whole 
 subject on their side was committed. We will surely be ex- 
 cused for the space occupied by the following passages, as we 
 have no remains of the oratory of that period. 
 
 "You would attempt," said Mr. Izard, "to settle the course 
 of Exchange (which is always governed by trade) by an Act 
 of Assembly, a thing never before attempted in any part of 
 Europe, much less in the subordinate governments in America." 
 You would make laws in contravention of Acts of Parliament 
 and in contempt of his Majesty's instructions. " Must we for- 
 ever make laws to relieve people under their own folly and ex- 
 travagance, and break the good and wholesome laws of the 
 Province as fast as wo make them, for the same reason ? But 
 now the people are made uneasy. Something must be done to 
 ease them, or rather to please them. What ease is it to tell a 
 man that if he knows whereby to get twenty-five pounds Proc- 
 lamation money, he may go and discharge a debt of one hun- 
 dred pounds this currency, when he has no means whereby he 
 may come at the twenty-five pounds Proclamation money ? If 
 he has bills to purchase that Proclamation money, he does not 
 want it, because he may discharge his debt with those bills 
 
EARLY HISTORY OF SOUTH CAROLINA. 29 
 
 according to his contract, without any more trouble. Here's a 
 terrible cry about the bills becoming Proclamation money ! 
 Did not the country people, no longer ago than last summer, 
 buy of the merchants above a thousand negroes, and when the 
 merchants bartered for rice, did not the generality refuse it, and 
 contracted for current money? How are these things of a 
 piece ? But the further consequence of the Bill before us, can 
 be nothing else than this — that after a debtor has kept his 
 creditor as long out of his debt as he thinks fit, he shall dis- 
 charge it whenever he pleases by paying £20 Proclamation 
 money for'£100 this currency; and let the bills be at what dis- 
 count they will, the trader shall have no more, though the bond 
 bo to pay current bills and the exchange should fall 20 per 
 cent. But 'tis said the people expect great things of the As- 
 sembly. — Yo8 we know very well what they expect. They do 
 expect that you will pass this very Bill. That this currency 
 shall be never of any greater value than it is. And they expect 
 we should pass it too. And when the worst comes to the worst, 
 they can pay a debt of £100 this currency for £25 Proclamation 
 money seven years hence. As to the time they intend to pay 
 it, let them alone for that! The summons Act is taken away, 
 and the Marshal may go a hundred times before they be at 
 leisure to be at home. If the Marshal meet them by chance, 
 'tis but to oppose him. No, gentlemen, we can't raise the posse 
 comitatns every day to get in private debts as we are now forced 
 to do to got in the public taxes. You may see into these things^ 
 if you please, as well as we." 
 
 The following is a specimen of the reply of the Assembly: 
 Did not you in 1721, in appropriating fees for the public 
 officers, do the very thing we now propose, and thought it then 
 no " breach or contravention " of Acts of Parliament or con- 
 tempt of his Majesty's Instructions? Did not you settle the 
 course of exchange on 23d June, 1722, by your law for raising 
 the salary of the clergy ? When you passed that Act you did 
 '• not think it an extraordinary attempt contrary to the uni- 
 versal practice of all Europe, to entrust yourselves (as Church 
 commissioners) with settling and adjusting the exchange as 
 occasion should require, though you make it a heavy charge 
 against the late Assembly to lodge such a power in the whole 
 Legislative Body of the Province. Nor can we forbear putting 
 
30 EARLY HISTORY OF SOUTH CAROLINA. 
 
 you in mind that the same individual persons who have the honor 
 to compose his Majesty's Council joined with some of the prin- 
 cipal merchaots in this Province, in pursuance of the authority 
 given them hy the before-mentioned Act, thought it just and 
 reasonable unusually to settle the clergy's salaries at 400 per 
 cent, advance, or £500 in paper bills for £100 Proclamation 
 money. But this is a power that we neither desire nor contend 
 for, nor had the late Assembly proposed it, but by the influence 
 and recommendation of some of the gentlemen of his Majesty's 
 Council ; and we are, therefore, surprised at your extraordinary 
 conduct in making this the reason for rejecting the Bill. "As 
 ■we have fully made it appear to you from your own arguments, 
 supported and illustrated by your own practice and example, 
 that there is nothing intended by the Bill of an unusual and 
 extraordinary nature, so we shall in like manner prove that 
 neither his Majesty's Eoyal Prerogative, the trade and shipping 
 of the kingdom of Great Britain, or the property of the subjects 
 are affected, injured or invaded." 
 
 We have proposed, and we support this Bill from no *' sinister 
 motive, no affectation of popularity, no prejudice to any set of 
 men, no interest distinct from the people we represent, nor 
 opposite to the interest of any person of any degree or employ- 
 ment whatever, who regulate their actions by reason and justice. 
 None of these, we say, have been the parents of this Bill, nor 
 would any member of this House be a patron of it, if it dis- 
 covered the remotest token of such a descent." 
 
 The paper money issued by the Assembly, in times of exi- 
 gency, had reached an amount not easily cancelled b}'' taxation, 
 while the annual taxes for supporting the government and pro- 
 tecting the Province were as much as the people could well 
 bear. The depreciation of this currency, the clamors of mer- 
 chants at home and in England, and the consequent interference 
 of the Proprietors, and afterwards the King, that they should 
 issue no more, but redeem what was already outstanding, — the 
 small amount of coin at any time in the Province, because their 
 paper money was not wanted abroad while the importation of 
 slaves and manufactures kept the balance of trade against them 
 — the necessity of making rice, pitch and tar a medium of ex- 
 change and a legal tender, if they cancelled their currency — 
 all this occasioned great financiering to preserve the public 
 
EARLY HISTORY OF SOUTH CAROLINA. 31 
 
 credit, keep a currency afloat and pass on the ancestral burden 
 of the public debts to the next generation. The Assembly had 
 formed a plan that in their judgment was admirably good, 
 Royal Instructions being no bar to it; and the people warmly 
 supported them because the plan seemed to promise some in- 
 definite way for every man to pay his private debts, while the 
 taxes also were not increased. Since we have digressed from 
 our narrative in making these remarks, we will add that though 
 the Council's opposition thwarted the Assembly's policy at this 
 time, it was so far successful under Governor Johnson in 1736, 
 that the issue of paper bills of credit was largely increased ; 
 but Middleton and others of the Council protested, even then, 
 against the acquiescence of the majority. This protest may be 
 seen in Ramsay, vol. 2d. 
 
 After the unanimous rejection of their Bill, the Assembly 
 called on Council for a proposition, on their part, for the relief 
 of the people in this matter. With great shrewdness they 
 replied, we will pass your Bill with a saving clause to make the 
 enactment dependent on the concurrence of the King. The 
 Assembly now concluded that they could not pass an Act to 
 raise supplies for the support of the government — but proposed 
 to devote to this end the funds already appropriated for the ex- 
 pedition against the Creek Indians ; the saving clause in their 
 Currency Bill had been omitted, they said, because its provisions 
 were of immediate necessity, not because they doubted his 
 Majesty's concurrence. Middleton was glad they had at length 
 acknowledged their duty by some means to furnish supplies, 
 but they had not taken the right course. He declines to divert 
 the appropriated funds from their proper object. Committees 
 of Conference were now appointed ; that from the Council with 
 special instruction to consent to no Currency Bill without the 
 saving clause. Seven Bills were agreed upon, one to make the 
 currency of the Province £140,000 (£20,000 sterling ;) — another, 
 to promote the currency of silver ; another, to raise the neces- 
 sary supplies. But while Middleton and the Council were 
 anxious to despatch the Supply Bill, the Assembly were equally 
 anxious first to despatch the Currency Bill. The Council took 
 it up and rejected it; its saving clause having been altered or 
 omitted by the Assembly. Fourteen weeks of the session had 
 now elapsed. On the 11th May, 1728, when both Houses were 
 
32 EARLY HISTORY OF SOUTH CAROLINA. 
 
 doubtless weary with unprofitable work, their disputes were 
 terminated for the time by Mr. John Brown, Messenger of the 
 Assembly. He was sent to arrest the Chief Justice for not 
 attending the House to answer for refusing the Habeas Corpus 
 to Landgrave Smith. Mr. Brown with his rod of office, rudely 
 opened the door of the Council Chamber, and without addressing 
 any one, went up to the Chief Justice, who was engaged before 
 the Council, and handed him a paper. The President asked, 
 "what he wanted? and how he durst open the door and come 
 into the Council Chamber without leave? " He answered, " he 
 had a warrant for taking the Chief Justice, Whereupon the 
 Honorable, the President, bid him get him down stairs, which 
 he not readily complying with, the President took him by the 
 sleeve and turned him out of the room." 
 
 The Hon. Mr. ]zard immediately drew up this paper: "It is 
 with the utmost concern to us of his Majesty's Council, to find 
 that after a long and tedious attendance at the Board for the 
 space of fourteen weeks, the Lower House of Assembly have 
 taken no steps, either for guarding the Southern frontiers or 
 for the support of his Majesty's Government, the chief end for 
 which they were called together, and which your Honor chiefly 
 recommended to them in your speech at the first opening of 
 the sessions. That, notwithstanding your Honor has so often 
 repeated to them the ill consequences of their neglect in not 
 providing for the security and support of this Province and his 
 Majesty's Government here, yet still there is not the least pros- 
 pect of their inclination to pay any regai'd or obedience to what 
 is so recommended to them, unless we do agree with them to 
 pass unwarrantable laws, whereby the trade of this Province, 
 and the property of his Majesty's subjects are greatly affected, 
 and expressly contrary to his Majesty's instructions. 
 
 " That ever since the meeting of this Assembly, H. M. Council 
 have been ignominiously treated by the Lower House, ia their 
 insulting messages, for refusing our concurrence to such laws 
 whereby they took upon themselves to settle the price of foreign 
 coin in America, with a 7ion obstante of any law to the con- 
 trary, when, at the same time, we gave them notice of the 
 Statute of the sixth of her lato Majesty, Queen Anne, extending 
 to all his Majesty's Plantations; at other times, to settle the 
 course of Exchange by Act of Assembly; and, at other times, 
 
EARLY HISTORY OF SOUTH CAROLINA. 33 
 
 to set a value upon private debts, and giving the debtors liberty 
 to pay their creditors in what specie they please," &c. The 
 Assembly was then unanimously dissolved, and proclamation 
 thereof made at the usual places in Charles Town, with the 
 beating of the drum. 
 
 On the 10th July, a new Assembly convened, consisting chiefly 
 of the old Representatives whom the people thought fit to re- 
 elect. Col. Dry was again chosen Speaker, and made the same 
 opening speech, only " demanding " this time a conservation of 
 their privileges. The President rejoined he would not invade 
 their's, and " desired them not to invade his." But do pass the 
 Tax Bill for supplies; the garrisons need their pay ; the men 
 at Fort Moore have already given notice of quitting, and, if 
 not paid, the other garrisons will follow their example. The 
 Lords of the Admiralty in England contemplate making Port 
 Royal a place of rendezvous for H. M. ships-of war. Do what- 
 ever is necessary to assist in the survey of that harbor, and 
 never mind the currency ; I have news that a Governor will 
 soon be appointed, who will doubtless have instructions to settle 
 that matter. The obdurate Assembly were of the opinion that 
 it was "absolutely necessary" to settle it now ; and sent up a 
 *' Bill to establish a sufficient fund of gold and silver, and also 
 to call in and sink the paper currency of this Province," which 
 the Council immediately rejected. Several members of As- 
 sembly, from the excessive heat of the season, were sick, and the 
 rest requested an adjournment till September. This was refused ; 
 they must first pass a Tax Bill. But more members were taken 
 sick. One of these was prevailed on to stay, to make their 
 number nineteen — a business quorum. They then adjourned 
 themselves to 22d. On that day, only the Speaker and two 
 members met. By the 25th, they all dispersed. As this seemed 
 to be " on set purpose," the President dissolved the Assembly, 
 and new writs were issued, returnable 17th September. 
 
 At that date, the people sent back chiefly their old Repre- 
 sentatives. But day after day passed, and a sufficient number 
 not assembling to make a House, the President prorogued them 
 to the 6th November. When that time came, the members 
 were reluctant to leave their harvesting, and were prorogued 
 to the 20th, on which day "several" met, and requested an 
 adjournment. The President " was sorry he was obliged to 
 3 
 
34 EARLY HISTORY OF SOUTH CAROLINA. 
 
 spend so much of his own and the Council's time to so little pur- 
 pose. Ho had waited all this week, and would still wait till to- 
 morrow noon-tide, to see if the gentlemen would come to town to 
 attend their duty." November 23d, " there being no appear- 
 ance of the meeting of the Lower House this morning, but in- 
 stead thereof, several members, who were in town, took horse 
 and went away," the dissolution of this Assembly was conse- 
 quently ordered. New writs issued, returnable January 15th, 
 1729. 
 
 On account of the " extreme coldness of the weather " the 
 new Assembly did not meet till the 18th. The same members 
 were sent and the same Speaker chosen who made the same 
 opening speech. The President took exception to the word 
 "demands;" thinks "requests" would be better. He cannot 
 allow " demanded " to be again used without expressing his 
 dislike of it. His last dissolution of them was with the hope 
 "the people would naake such choice of gentlemen to be their 
 Eepresentatives, as would duly meet to raise necessary supplies 
 for the support of his Majesty's government, which had been 
 too long neglected, and for no other reason but out of humor 
 and caprice of those that have been chosen from time to time." 
 He requests them to raise supplies, for some of the officers of 
 government have been two years without pay. The Assembly 
 reply, what preceding Assemblies did, is not before us for com- 
 ment. We suppose they had good reasons for their conduct. 
 We are ready to join you in any measures necessary for the 
 welfare of the Province. They soon sent up a Bill to "en- 
 courage the importation of silver and gold, by making both 
 current in all payments." This was unanimously rejected by 
 Council, with the following message, signed by Mr. Izard : "Mr. 
 Speaker and Gentlemen : We cannot but take notice that not- 
 withstanding you are sufficiently apprised by his Honor, the 
 President's speech, that there has been no provision made, or 
 supplies granted to his Majesty for the support of his govern- 
 ment, for near these two years, you are pleased to answer that 
 that part of his Honor's speech related to former Assemblies, 
 and no ways laid before you. And as to the latter part of his 
 Honor's speech which more closely presses you to enter on the 
 consideration of it, you answer in general that you shall spare 
 neither pains nor application in considering of what is just and 
 
EARLY HISTORY OF SOUTH CAROLINA. 35 
 
 equitable to be offered for the general good. The first instance 
 you give of it is to send us a Bill, entitled, a Bill to encourage 
 the importation of silver, &c.; whereas the statute of the sixth 
 of Queen Anne, (as appears by the preamble of it) was made 
 of set purpose to prevent drawing off silver from one Colony to 
 another. The first Bill, indeed, of your House, but the seventh 
 of its kind, including those sent up by former Assemblies. So 
 we send it you down rejected. And though you seem to have 
 DOthing to do or say about former Assemblies, yet as we are 
 satisfied that the major part of the members which did compose 
 the former, do compose the present, we must refer you to your 
 former journals for our reasons ; adding further that as the Act 
 of Parliament declares that the foreign coins shall not be forced 
 on the King's subjects even at the prices mentioned in the said 
 Act of Parliament, so much less will we consent to force them 
 at the prices you would set upon them by a Carolina Act of 
 Assembly. We would be very glad you would be very plain 
 with us, and let us know whether you intend to grant any sup- 
 plies for the support of his Majesty's government or not, as we 
 are with you that we will enter on no business till that is done." 
 
 The Assembly reply " with the same frankness," that "unless 
 some way can be found to put our currency on some just and 
 equitable footing, it will be impracticable to raise a tax ; " and 
 propose a conference. The Council will confer only about raising 
 supplies. 
 
 The monotony of this narrative may here be relieved by a few 
 items of statistics. A committee had been appointed in the 
 Lower House to report on the general state of the Province. 
 They found their distressed and calamitous condition " occa- 
 sioned by the great losses which the inhabitants in general have 
 sustained by the late dreadful hurricane and storms, by the 
 great mortality amongst them and their slaves, by the large and 
 growing debts of the Province, the scarcity of money, and the 
 decay of public credit ; " and proposed certain remedies, of 
 which the Currency Bill was the first. The Council objected 
 in the first place to their facts. We really had to enquire what 
 the calamities of the Province are, and " we find the calamitous 
 circumstances of the country from 1726 to 1727 was to export 
 25,167 barrels of rice, 12,799 barrels of pitch, 11,081 barrels of 
 tar, 67,247 heavy deer skins, 13,218 light deer skins, besides all 
 
36 EARLY HISTORY OF SOUTH CAROLINA. 
 
 the lumber, pork, corn and provisions for the West Indies ; and 
 the calamities of the year 1727 to 1728 was to ship 29,929 
 barrels of rice, 3,168 barrels of pitch, 2,006 barrels of tar, 
 59,260 heavy deer skins, and 12,103 light deer skins, besides pro- 
 visions for the West Indies as before, which amounts to near 
 seven hundred thousand pounds of your Province ; and yet the 
 Assemblies, for near two years past, have not been able, or rather 
 were not willing, to allow one-fifteenth part towards supporting 
 the government, but are letting all the garrisons go to wreck 
 and ruin." Your Bill for silver, &c., is now the eighth of the 
 kind proposed in eighteen months, and we will not even read it. 
 
 It was now the 20th February, 1729. Another little diversion 
 occurred, somewhat similar to that occasioned by Mr. John 
 Brown. Mr. Hargrave, Messenger and Clerk of Council, on his 
 way to his duties was met in the street by the Messenger of 
 the Commons and summoned to attend at their bar. As the 
 Council were waiting for him, he thought it best to go first to 
 them and get their permission. This they refused because they 
 needed his services. (When the Assembly sent a message to 
 the Council on ordinary occasions, it was carried generally by 
 two members. The messages from the Council were borne by 
 their Secretary.) The Secretary, Mr. Hart, happened to have 
 his leg or foot ailing that day, and it fell to the lot of Mr. Har- 
 igravo to carry a message to the Assembly. The Speaker asked 
 what had kept him so long in obeying their summons. He told 
 them, and was soon after taken into custody by order of the 
 House. The Council resolved not to transact any business, or 
 receive any communication from the Assembly till their Clerk 
 should be released, and having called to their Chamber the whole 
 body of the Commons, informed them of their determination. 
 After they had retired, the Council waited, doing nothing for 
 two hours. Their Clerk not being released, and the Assembly 
 having adjourned, the President forthwith dissolved them. 
 
 The next Assembly were to meet on 6th August. They came 
 to town very slowly. At length it was found that nineteen, a 
 business quorum, had arrived, and they wished to know when 
 they might attend his Honor, the President. When they ap- 
 peared, it was discovered that two had slipped off while they 
 were coming. In consequence, the Assembly were prorogued 
 till September, and then again till 14th October. 
 
EARLY HISTORY OF SOUTH CAROLINA. 37 
 
 At this time, Judge Trott, who, in hie retirement, had been 
 engaged in compiling the Provincial Laws, and on an Expli- 
 cation of the Hebrew text of the Bible, stepped suddenly for- 
 ward as claimant of the office of Chief Justice under his Pro- 
 prietary commission, and by virtue of the last clause of the 
 Act of Parliament lately passed for the surrender of the title of 
 the Proprietors. He was the survivor of Greneral James Moore, 
 Col. William Khett, and Col. John Barnwell; who, with him, 
 had been for many years the most distinguished men in the 
 Colony for ability and influence. Hewat and Francis Yonge 
 appear wrong in ascribing to Col. Rhett an effort to please both 
 parties since the struggle in 1719. On the contrary, he seems 
 to have been perfectly consistent in his political course. After 
 that revolution, Moore and Barnwell were the great favorites 
 of the people, whose cause they had vindicated. Had either of 
 them lived, the legislative difficulties between the Council and 
 Assembly would, no doubt, soon have ceased, from their in- 
 fluence with both parties. The stepping forth of the learned 
 old Chief Justice, with his commissions and Acts of Parliament, 
 ridiculous as it was, must have caused no little alarm among the 
 people; for the Council only disallowed his claim till his Ma- 
 jesty's pleasure could be known ; and, in the meantime, all the 
 old charges and complaints against him were to be sent on to 
 the Council in England. 
 
 To return to our refractory Assembly. A sufficient number 
 convened on the 15th October to form a House. They took the 
 requisite oaths before Council, but apparently with no desire to 
 engage in law-making. The Proclamation of President Mid- 
 dleton will tell their story : " Whereas the majority of the 
 members," "after they had taken the oaths by law prescribed, 
 before me in Council, did, nevertheless (in order further to dis- 
 tress and embarrass the government,) peremptorily refuse to 
 take the qualification oaths prescribed by law to be taken in 
 their own House, with intent to prevent and hinder such of H. 
 M. good and loyal subjects, members of the said House, as 
 were ready to express their zeal," &c., and have departed for 
 the purpose of leaving an insufficient number to proceed on any 
 business, therefore, the present Assembly is dissolved, 
 
 A new Assembly was called for December 'Zd, but, on account 
 of the Christmas holidays, prorogued to the 13th of January, 
 
38 EARLY HISTORY OF SOUTH CAROLINA. 
 
 1730. On meeting, Mr. John Lloyd was chosen Speaker. They 
 next chose their Clerk, Mr. John Bailey, and sent him to Council 
 to take the oaths. Middleton refused to permit it, Mr. Bailey 
 being, " by his behavior, no ways to be approved of by the 
 government." 
 
 The Assembly said they could not elect another, without 
 surrendering their undoubted rights and privileges. This is by 
 no means in consonance with your Honor's " assurances to cul- 
 tivate and continue a perfect harmony with the present As- 
 sembly." But, says Middleton, you must not prepare " an 
 obnoxious channel," to convey your sentiments to me. My 
 approbation is necessary to your choice of a Clerk. " You 
 cannot but be sensible that the Clerk of the House of Commons 
 in Great Britain is a patent officer, derived immediately from 
 his Majesty's, and no choice of their own ; and I am forbid by 
 his Majesty's instructions to allow you any greater privileges 
 than they enjoy." January 22d, theHouse resolved to abide by 
 their choice. They send messages to the Council on affairs of 
 the Province. Middleton replies, " I shall return no answer to 
 your messages till you recede from the choice of the person you 
 callyour Clerk, and present another to me for my approbation." 
 The A.S8embly would not part with their privileges, and were 
 prorogued till 17th March. No quorum then assembling, they 
 were prorogued till Ist June; but, on the 2yth April, were dis- 
 solved, because, " by their several messages having sufficiently 
 shown they do not intend to proceed on business for the service 
 of the country." 
 
 There are no more records of the Council or Assembly till 
 Governor Johnson arrived, December 16th, 1730. He found a 
 new Assembly, lately elected, who had not yet convened. He 
 wisely called them together as his own, allowed them (waiving 
 his approbation for the time) to elect their Clerk, and begged 
 them to forget "former animosities" and attend to business, as 
 the Provincial debts were four years in arrear. Harmony pre- 
 vailed, and many important laws were passed (1731,) the old 
 flame only breaking out for a while, when the Governor urged 
 them to insert in the Appropriation Bill a proper remuneration 
 to the late President, for his services at the head of the admin- 
 istration. 
 
 We have thus cursorily explained why there are no laws lor 
 
EARLY HISTORY OF SOUTH CAROLINA. 39 
 
 1728, '29, and '30, and will leave the reader to decide which 
 party, the President and Council, or the Assembly, were more 
 actuated by the spirit of justice, and patriotism; or whether 
 both were not true to principles, the divergence having already 
 begun between Koyalty and Republicanism ; the latter yet feeble, 
 and existing in uncollected elements, but prompting to resist- 
 ance against the stronger power. 
 
 APPENDIX.— No. I. 
 
 P'"op'"'«"e8. " L« from the new pretended Council and Assem- 
 
 B. T. vol. 10. 
 
 Q. 199, bly of Carolina, dated at Charles Town, the 
 
 State Paper Office. 24 Dec', 1719, relating to their having deposed 
 
 their Cov"", &c, 
 
 EeC*. and Read Peb^ 18'^ 17 ^?. 
 May it Please Y*" LordsP' : 
 
 The great Extremitys his Majesties Subjects of South Caro- 
 lina were reduced to by the confused, negligent and helpless 
 Government of the Lords Proprietors over them, endangering 
 the utter loss of this part of his Majesties Dominions in America, 
 forced us, as the only means for our preservation, to renounce 
 all obedience to the Lords, and to throw ourselves at the foot 
 of the throne of his most sacred Majesty, King George ; humbly 
 imploring him that he will be pleased to take us into his imme- 
 diate protection and Government ; and as the pressing necessitys 
 the said Inhabitants lay under admitted of no delays, they 
 made choice of their Representatives to meet in convention, to 
 proceed in this affair with all possible decorum which so speedy 
 a remedy could admit of. 
 
 The Danger which we expect this Settlement may suddenly 
 fall under, pressing us to be very expeditious in our resolves, 
 and being very desirous that Your Lordships should bo made 
 acquainted with the steps we have taken for our preservation, 
 and that our ardent zeal and good inclinations to his Majesty, 
 and that the perilous condition of this settlement may be laid 
 before his Majesty, we would not omit giving Your Lordships 
 some short account of our Grievances and proceedings, by a 
 Ship which is ready to sail for Great Britain ; and do intend 
 by the very next opportunity to inform Your Lordships of all 
 
40 EARLY HISTORY OF HOUTH CAROLINA. 
 
 the Miserys and Misfortunes which have attended us under the 
 Proprietors Government. 
 
 The continued incursions and depredations on our Frontiers 
 made by the Spaniards and Indians, (who seldom give any 
 Quarters,) incited and encouraged thereto by the Spanish Garri- 
 son at St. Augustine, and the repeated advices we have received 
 of the warlike preparations making at the Havana, and several 
 other Spanish Ports, in order to subdue and make a compleat 
 conquest of this Province, now in a feeble condition to make 
 resistance, being exhausted by the late terrible Indian War, the 
 vast expence we have been at in subduing the Pyrates for the 
 defence of trade, and the wretched condition our Fortifications 
 are in being demolished by Hurricanes, and the small means 
 we have left of putting ourselves in a posture of defence, being 
 defeated and deprived of the means thereof by the confused 
 constitution of the Lords Proprietors Government over us, are 
 but Branches and Parts of our misfortunes. 
 
 The powerful settlement the French are now making within 
 the limits of the Lords Proprietors Charters, and their building 
 Forts within the Territories of this Province, notwithstanding 
 many applications made to the Lords Propriet" to prevent it, 
 and to send us succours for our defence, has already had this 
 very ill effect, that almost all the Nations of Indians to the 
 Southwest of this Settlement have withdrawn their obedience 
 from the British Government, and depend wholy on the Crown 
 of France, whereby under God nothing can save this Settle- 
 ment from falling into the hands of Fi-ance upon the first Warr 
 with that Crown, and even Virginia, and other his Majesties 
 Dominions in North America, will thereby be in very great 
 Danger. 
 
 As for the many other insupportable Grievances We lye un- 
 der with, respect to the Lords Proprietors Government, care 
 shall be taken to transmit them to Your Lordships by the first 
 opportunity. 
 
 The Eepresentatives of his Majesties Subjects in South Caro- 
 lina, meeting in Convention, having taken these things into 
 their serious consideration, have unanimously renounced all obe- 
 dience to the Lords Proprietors and their power and thrown 
 themselves under His Majesties imediate Govermont, and they 
 having first offered the administration thereof, exclusive of the 
 
EARLY HISTORY OF SOUTH CAROLINA. 41 
 
 Lords Proprietors, to the Hon"'® Robert Johnson, Esq., their 
 then Govei'nour, and he refusing the same, have prevailed upon 
 the Hon'''' Col. James Moore, Esq., a person zealous for and 
 well affected to his Majesties person, to accept of the Govern- 
 ment of this Settlement on his Majesties behalf, until his Ma- 
 jesties pleasure be further declared therein. 
 
 These, with great submission, we esteem to be the onely pro- 
 ceedings we could make towards preserving this. His Majesties 
 Colony, and untill we can send them to your Lordships at 
 large. We hope that no false glosses or misrepresentations 
 that may be put upon and made of our actions will induce 
 your Lordships to believe that we had any other views in this 
 affair, but the hon'' of his most sacred Majesty, King George, 
 as a truely loyal people, and the safety and preservation of this 
 settlement. 
 
 We are. 
 
 My Lords, 
 
 Your LordsP' most obedient servants, 
 S"- Carolina, f HOVENDEN WALKER. 
 
 Charles Town, RICH'd ALLEIN. 
 
 December 24'", 1719. SAM EVELEIGH. 
 
 Council. <; GEORGE CHICKEN. 
 THOS. SMITH. 
 Signed by order of the Commons ALBXAND'r PARRIS. 
 House of Assembly. 1^ RICH'd BERESEORD. 
 
 HEP WORTH, 
 
 Speaker. 
 
 APPENDIX.— No. II. 
 
 (indorsed.) 
 
 Proprieties. L'. from y° Persons who have taken upon thera 
 
 Q*. 204. * the Government of South Carolina, dated 29 
 
 St ate Paper Office, j^^^jy^ 1719-20, with answers to Queries sent by 
 
 the Board to Col. Johnson, relating to y* state of that Province 
 
 Rec'd 28th March, 1720. Read July 7, 1720. 
 
 May it Please Your LordsP*- 
 
 We did ourselves the hon' to write to you on the twenty- 
 fourth day of December last, to make your Lordships ac- 
 quainted with the steps we had taken towards the preservation 
 
42 EARLY HISTORY OF SOUTH CAROLINA. 
 
 of these parts of his Ma'tys Dominions, and as we were then 
 very short in laying before your Lordships the many Griev- 
 ances We had so long labour'd under, so We now beg your 
 Lordships favourable acceptance of our general Eepresentation 
 which comes herewith. Our hopes of your approbation of the 
 transactions in this country are greatly increased since We 
 have been informed that six months past your Lordships were 
 pleased to state some Queries to Col. Johnson, the Proprietors 
 late Governour, which nearly concern'd the welfare of North 
 America, wherein your Lordships great and tender regard to 
 his Majesties Subjects of this Settlement are made manifest. 
 
 We are deeply concerned that the answering Queries of such 
 and so great importance have been so long neglected, and that 
 no obedience has been paid to your Lordships request, tho' 
 it is no surprise to us when we consider it fell into the hands of 
 the Proprietors Governour, who no doubt thought your Lord- 
 ships had in view to gett this Settlement under his Majesties 
 imediate care and protection, it being of the highest conse- 
 quence to the Crown of Great Britain, that it should be so, con- 
 sidering as well the present Warr with Spain as the powerful 
 settlement of the French on all sides of us. So for fear of dis- 
 obliging his Masters and losing the Government, they have been 
 lock'd up by him ever since. Thus this poor unhappy country 
 may have been accounted neglectful of your Lordships com- 
 mands, which imputations We take all just measures to ac- 
 quit ourselves of, and so soon as We were informed things 
 in the settlement, We left no stone unturn'd in endeavoring to 
 procure a sight of them, and have at last, tho' without the 
 knowledge of Col. Johnson, obtained it. And We beg your 
 Lordships will believe that We have returned you a just a 
 answer to every question , the affairs relating to the Indians, 
 being reported by a Gentleman who has been employed by the 
 Publick and has lived many years amongst them. The account 
 of the Garrison at St. Augustine being taken from credible per- 
 sons that have been there, and every other matter and thing 
 therein contained, your Lordships may depend upon the 
 truth of. 
 
 We hope and doubt not but your Lordships will be pleased 
 to put a right construction upon our actions, and be assured 
 that We have no other view in all we have done but the general 
 
EARLY HISTORY OF SOUTH CAROLINA. 43 
 
 good of his Majesty's Subjects and Dominions, which we shall 
 at all times make appear by our firm Loyalty and due obedi- 
 ence to his most Sacred Majesty, and by always observing such 
 commands as your Lordships will be pleased to lay on. 
 May it please y' Lords^^, 
 Your Lordships 
 
 Most obedient and 
 
 Most humble Servants, 
 
 HOVENDEN WALKER. 
 ALEXANDER PARRIS. 
 B. SCHENCKINGH. 
 GEORGE CHICKEN. 
 SAMUEL PRIOLBAU. 
 JA. MOORE. 
 RICH'd ALLEN. 
 RICH'D BERESFORD. 
 JOS. MORTON. 
 THO. WARING. 
 THO. SMITH. 
 SAM. EYELEIGH. 
 Signed by order of the Commons House of Assembly. 
 
 HEP WORTH, Speaker. 
 South Carolina, January the 29'", 1719. 
 
 APPENDIX.— No. III. 
 
 Rece'd from Mr. Boon, June 16, 1720. 
 
 Proprieties. A true State of the Case between the Inhabi- 
 
 q' 203. ' tants of South Carolina and the Lords Proprie- 
 State Paper Office. ^Qj.g q£ ^jjg^^ Province, containing an account of 
 the Grievances under which they labour. 
 
 That his late Majesty, King Charles the Second, by his Char- 
 ter, dated the 24th of March, in the 15th year of his reign, 
 granted unto the Lords Proprietors, and to their Heirs and 
 Assigns, the Province of Carolina, with privileges and jurisdic- 
 tions requisite for the Government and safety thereof, and made 
 them absolute Lords and Proprietors of the same ; who, having 
 besought leave of his Majesty by their Industry and charge, to 
 
44 EARLY HISTORY OF SOUTH CAROLINA. 
 
 transport and make a colony of his Majesty's Subjects into the 
 said County, (at that time inhabited only by people who had 
 no knowledge of God,) being thereonto excited with a zeal for 
 the propagation of the Christian Faith, and enlargement of his 
 Majesty's Dominions, as is amply set forth in the said Charter. 
 
 Notwithstanding which, the Lords Proprietors have not, to 
 this day, been at any charge, or used any Endeavours to propa- 
 gate the Gospel amongst the said barbarous people ; neither 
 have been industrious at their charge, to transport and make a 
 Colony of his Majesty's Subjects in the said Province, but have 
 hindered the peopling the same by violating their Covenants 
 made with them, who, by their promises, were invited to be at 
 the charge of transporting themselves thither. 
 
 And tho' one principal design of his said Majesty, in granting 
 the said Charter, was for the good Government and safety of 
 his subjects in the said Province, yet the Lords Proprietors 
 have so abused the trust and confidence thereby reposed in 
 them, by their confused administration over his present Ma- 
 jesty's subjects there, that they are neither safe in their Liber- 
 ties or Properties, the Government being abandoned to evil 
 Ministers, and the Inhabitants exposed to the ravages of most 
 barbarous enemies. 
 
 That the Lords Proprietors were, by their Charter, impow- 
 er'd to build and found Churches, Chappels and Oratories, 
 within the Bounds of the said Province, and to cause them to 
 be consecrated according to the Ecclesiastical Laws of England, 
 with full Privileges, Prerogatives and Franchises necessary for 
 the same; j'et they have not, to this day, erected any Church, 
 Chappel, or Oratory, for divine worship, nor any school for the 
 education of 3'outh in the Principles of the Christian Religion ; 
 nor ever resei-ved any places for the same in any parts where 
 they have sold Lands; nor procured the consecration, according 
 to the Ecclesiastical Laws of England, of any of those built by 
 the Inhabitants. 
 
 That the Lords Proprietors are, by the said Charter, impow- 
 er'd to confer Titles of Honour upon such of the Inhabitants 
 there as were capable of the same, and who for their deserts 
 might expect the same ; but, instead thereof, they sent over 
 blank Patents to their Governour and Eeceiver-General, for 
 creating Landgraves and Cassiques, in order to have them sold 
 
EARLY HISTORY OF SOUTH CAROLINA. 45 
 
 at a certain price. So that the persons intitled by their degerts 
 to any marks of Honour, thought this procedure so mean that 
 it was beneath them to accept thereof. 
 
 That the Lords Proprietors are, by the said Charter, impow- 
 er'd to erect within the said Province such Forts, Castles, Cities, 
 Towns, Boroughs, Villages, and other Fortifications, and the 
 same to furnish with Ordnance and other Habiliments of War, 
 for the safety and welfare of the said Province; but the Lords 
 Proprietors have never set apart any of their Lands for erect- 
 ing Towns, Tillages or Fortifications, nor contributed one penny 
 towards the raising any Forts or other Fortifications, which the 
 Inhabitants, almost to their ruin, have been obliged to build ; 
 otherwise, by the incapacity of the Lords Proprietors to assist 
 them, that part of his Majesty's Dominions had been lost to his 
 Empire. 
 
 That the Lords Proprietors, contraiy to express powers in 
 their charter, not to make any Laws in the said Province, but 
 what were consonant to reason, and as near as might be agree- 
 able to the Laws of England, and so not to extend to the bind- 
 ing, charging or taking away the right of any person or persons 
 in their goods or chattels; yet they did in the year 1704, under 
 their Hands and Seals, ratify two Acts of Assembly of that 
 Province, one entituled An Act for establishing religious Wor- 
 ship in that Province, according to the Church of England, and 
 for erecting of churches for the publick worship of God, and 
 also for the maintenance of Ministers, and building Houses for 
 them, wherein they established a Commission for displacing of 
 Eectors or Ministers there : and the other entituled, An 
 Act for the more effectual preservation of the Government 
 of that Province, by requiring all that should be chosen Mem- 
 bers of the Commons-House of Assembly, and sit there, to take 
 the Oaths, and subscribe the Declaration appointed by the Act, 
 and to conform to the religious worship of that Provincg, by 
 which Act a great part of the Inhabitants were excluded from 
 being Members of the Assembly. And tho' it was represented 
 to the Proprietors, that corrupt practices were used by their 
 Government to have those Acts passed, that it was contrary to 
 tho rights and liberties of his Majesty's Subjects, yet they re- 
 fused any redress, until Application was made to the House of 
 Lords of England, who, after weighing the nature of the said. 
 
46 EARLY HISTORY OP SOUTH CAROLINA. 
 
 Act5, addressed her late Majesty Queen Anne, setting foi'th that 
 the first Act was not warranted by the Lords Proprietors Char- 
 ter, being not consonant to reason^ but repugnant to the Laws 
 of England, and destructive to the constitution of the Church 
 of England, and that the latter was founded upon falsity in fact, 
 repugnant to the Laws of England, contrary to their Charter, 
 an incouragement to Atheism and Irreligion, destructive to 
 Trade, and tending to depopulate and ruin the Province ; and 
 besought her Majesty to deliver the said Province from the arbi- 
 trary Oppression under which it lay, and to order the Authors 
 thereof to be prosecuted. Which matter being referred to the 
 Lords Commissioners of Trade, they, May 24, 1706, repre- 
 sented to Her Majesty that the making such Laws was an 
 abuse of the powers granted to the Lords Proprietors by their 
 Charter, and a forfeiture of such power, and humbly offer'd to 
 her Majesty that she would be pleased to give directions for re- 
 assuming the same into her Majesty's hands. Which Eepresen- 
 tation her Majesty approved the 10th of June, and declared the 
 Laws mentioned therein, should be made void by the powers 
 that made them, and order'd that for the more effectual pro- 
 ceeding against the said Charter, Mr. Attorney and Mr. Sollici- 
 tor-General should inform themselves concerning what might 
 be most necessary to effect the same. 
 
 That by the said Charier, his then Majesty saved the Faith, 
 Allegiance and sovereign Dominion due to him, his Heirs and 
 Successors for the said Province, and the right and interest of 
 the English Subjects in the same, and declares them Liege peo- 
 ple of the Crown of England, and to have right to all the libertys 
 of Englishmen born in England, yet the Lords Proprietors have 
 assumed a despotic authority exceeding the Royal Power in 
 Great Britain, in repealing and abrogating, by themselves alone, 
 several beneficial Laws, after a most solemn ratification of the 
 sanup by their Deputies, with the consent of the Representa- 
 tives of the Freemen met in Assembly, and thereby trampling 
 upon the rights and liberties of his Majestys Subjects. And 
 this sometimes is done by two or three of the Proprietors, who 
 have proxies from the absent ones, or from the Guardians of 
 those under age, tho' the same Proprietors or Guardians give 
 proxies to their representatives in this Province, who on their 
 behalfs ratify the said Laws contrary to any power in their 
 
EARLY HISTORY OP SOTITII CAROLINA. 47 
 
 Charter, endangering the safety of his Majesty's Subjects there, 
 and the derogation of the usual method theretofore practised 
 in the h'ke cases, tho' their Deputies and Freemen there never de- 
 nied to repeal any Laws when recommended by the Proprietors 
 This, with the uncertainty of the Administration of the Gov- 
 ernment, by reason of several alterations from time to time in 
 the same, hath put us under unspeakable hardships, destroying 
 all publick Credit, so necessary here to defend us against our 
 Enemies, and defeating measures taken for the preservation and 
 good Government of the Province, 
 
 That the exercise of their Government is injurious to his 
 Majesty's Subjects; for that they whose powers and preroga- 
 tives are united in them all, not to be disjointed, take upon 
 them to send a Governour, as the Palatine's Deputy, and each 
 other Proprietor a Deputy, which vote as a Council of the Pro- 
 vince ; a Body which, in all other bis Majesty's Colonies, is found 
 to be a Barrier between the Governour and People. But here 
 they are wholly dependent upon their Constituents, and think 
 themselves obliged to carry everything in favor of the Proprie- 
 tors, and obliged, by an oath, to do nothing repugnant to their 
 Interests, without any regard to the public good of the Colony. 
 And when any of their Deputies vote against them, or their 
 Governour's private interest, they are turned out. These Depu- 
 ties have power to reject any law; but if it passes them, the 
 Governour pretends another negative upon them, and some- 
 times a negative hath been appointed upon the Governour ; and 
 the Lords Proprietors assume a power of repealing those acts, 
 ratified by their Governour and Deputies. So t^hat the Lords 
 Proprietors, who, by their Charter, ought to have but one, 
 assume three and four negatives upon the Laws agreed to by the 
 Assembly ; and, having no Council between them and the Peo- 
 ple, they suffer no law to pass, or any longer to be in force, than 
 suits with their private views, to the loss of publick credit, and 
 destruction of the liberties and properties of his Majesty's 
 Subjects. 
 
 That they are impower'd by their Charter to erect Cities, 
 Boroughs, Towns or Villages, by granting Charters of Incorpo- 
 ration to any body of people, yet they have neglected so to do ; 
 neither have they settled any County Jurisdiction, Court Baron 
 or Court Leet, for the conservation of the peace of this Colony, 
 
48 EARLY HISTORY OF SOUTH CAROLINA. 
 
 but have abandoned all to disorder and confusion, under the 
 management of one person, who solely holds all Courts of 
 King's Bench, Common Pleas and Exchequer, Assize, County 
 Courts, and Sessions in Charles Town, the only place of Indi- 
 cature in the whole Province ; who makes what Lawyers and 
 takes what fees he pleases, summoning all parties to attend his 
 Courts. No appeals but from himself to himself, nor any method 
 of appeals settled to his Majesty and Council, as in other Colo- 
 nies: no process issues in his Majesty's name, all the officers 
 taking what fees they please : he adjourning Courts and put- 
 ting off Tryals, to multiply his perquisites, which are arbitrary ; 
 dail}'' exacting new Fees, undertaking himself to draw writings, 
 and after judging of the validity of them, sending for the Law- 
 yers, and giving secret advice to them and their clients ; and 
 insists that no authority there can call him to account, or re- 
 move him, nor the Proprietors themselves, unless proved guilty 
 of misdemeanours before them in London, he having words in 
 his Commission to that purpose. But the Lords Proprietors 
 have had no regard to the publick or private persons injured 
 by him, and would not be induced to remove him. 
 
 That when, in 1715, the Yamasee Indians had, at the instiga- 
 tion of the Spaniards at St. Augustine, cruelly massacred his 
 Majesty's Subjects in those Frontiers, and committed most 
 barbarous Depredations in the very Heart of the Settlement; 
 upon being repulsed, the Spanish Garrison protected them, and 
 bought their plunder, and furnished them with Arms (though 
 then at peace with Spain,) to renew their depredations; which, 
 being represented to the Proprietors, they never regarded the 
 lives and estates of his Majesty's Subjects. And it was also 
 represented to them, that the said Garrison protected Eebels, 
 Felons, Debtors and Negroes that fled thither, which forced us 
 to guard that Frontier in time of peace, but to no purpose, the 
 Lords Proprietors never giving any answer to the same. 
 
 That notwithstanding the great expence of the War with the 
 Yamasee Indians, which not only preserved the Proprietors 
 Lands not yet settled, but also such Lands as they have appro- 
 priated to their own use, they have contributed to no part of 
 the charge thereof, (except about 150 small Arms,) and upon 
 application made to them, declared their incapacity to assist us. 
 
 That when a bloody Indian war broke out at North Carolina, 
 
EAPwLY HISTORY OF SOUTH CAROLINA. 49 
 
 it was insinuated to the Assemblj- by the Lords Proprietors 
 Deputies, that if they would raise money and send assistance 
 thither, they should be re-imbursed out of the Quit-Rents; yet 
 notwithstanding thereby that Province was saved to the Lords 
 Proprietors, they never, to this day, refunded one penny of all 
 that expence. 
 
 That in 1718, one Thatch, a notorious Pirate, took several 
 ships trading to this Province, and several of our Inhabitants 
 Prisonei's, and went directly to i!^orth Carolina, where, under 
 pretence of accepting his Majesty's pardon, by the connivance of 
 the Proprietors Governors, in the fase of that Grovcrnment, he 
 committed several acts of Piracy, and several parcels of piratical 
 goods were found in their Governour's and Secretary's custody,' 
 so that North Carolina became a nest of Pirates. Of this his 
 Majesty's Governour, of Virginia, complain'd to the Lords Pro- 
 prietors, but they took no notice of the same. 
 
 That as soon as we had driven the Yamasees from our Lands, 
 near Port Royal, to strengthen that Frontier and to encourage 
 new comers, viz : in February, 1716, two acts were passed for 
 dividing those Lands amongst such of his Majesty's Protestant 
 Subjects as should come and settle the same (exclusive of such 
 as had Lands already in that Province,) abstracts of which 
 being sent to Great Britain and Ireland, about 500 of his Ma- 
 jesty's Subjects transported themselves to take the benefit of 
 the same. But all this was interrupted by the Proprietors 
 repealing these Acts in July, 1718, unde4' pretence that the 
 Lands being their own, they would dispo^je of them as they 
 thought fit, and made a distribution of the said Lands, far short 
 of that made by the said Acts, which the new comers were 
 forced to comply with, and began their Surveys. And then to 
 the utter ruin of the new comers, and in breach of their publick 
 Faith, the Proprietors, in April, 1719, ordered all those Lands 
 to be survej'ed for their own use. And tho' they had paid 
 their money to the Proprietors Receiver for those Lands, yet 
 are not only refused the having their Titles confirmed, but the 
 said Receiver refuses to return their Money. Hereby the old 
 Setlers in that Frontier, missing the re-inforcement of the new 
 comers, again deserted their Settlements and left them open to 
 the Enemy, and the new comers are reduced to that want and 
 poverty that most of them are daily perishing, having spent all 
 4 
 
50 EARLY HISTORY OF SOUTH CAROLINA. 
 
 their substance, and those that have any thing left, removing 
 off the Province. 
 
 That notwithstanding many addresses to the Lords Proprie- 
 tors to take some measures to prevent the French incroaching 
 on this part of his Majesty's Dominions, and especially at the 
 beginning of the Treaty of Utrecht, they not only abandoned all 
 by an unaccountable neglect, but May, 1715, the French took 
 possession of Mobile (which belonged to this Government) and 
 built a Fort there, and are since further incroaching by making 
 Forts at the mouths of the Rivers belonging to this Province, 
 and arising near our Settlements. So that having made them- 
 selves Masters of Pansacolo, a Spanish Port, they surround 
 this Settlement from the Mountains to the Sea, whereby all the 
 Nations of Indians towards those Points, lately under our Gov- 
 ernment, are now subjected to the French, 
 
 So that by the late Indian War, our subduing the Pirates, a 
 defensive War against the Spaniards, the demolition of our 
 principal Fortifications by Storms, and the expences to repair 
 the same, the vast presents we are obliged to make the Indians 
 to keep up a party amongst them from depending intirely upon 
 the French, and the weak and unsteady Government of the 
 Proprietors, who rather oppose than contribute to the strength- 
 ening of us, whereby we have lost all credit, nobody venturing 
 to trust any pubiick Funds contrived for our support, we are 
 reduced to the last extremity in debt, without prospect of ex- 
 tricating ourselves, all our Funds anticipated for several years 
 to come, our Expences increasing, without any view of answer- 
 ing them, which makes our Enemies look on us as an abandoned 
 people, void of Royal Protection, So that without the assist- 
 ance and Government of his Majest}^ this hopeful Province will 
 be lost to the British Empire, to the endangering Virginia and 
 other of his Majesty's Dominions, and the irreparable loss of the 
 beneficial trade of the same. 
 
EARLY HISTORY OP SOUTH CAROLINA. 51 
 
 APPENDIX.— No. IV. 
 South Carolina. 
 
 S- P- 0. To the Kings most Excellent Majesty : 
 
 Q p r> nn •/ «/ «7 
 
 Voi.'i.' ^^he humble petition of the Inhabitants of the 
 
 ^- 3- settlement of S° Carolina, now under arms, 
 
 Sheweth : 
 
 That yo"' petitioners, for the p'servation of this Colonj^, and 
 yo'' Majesty's subjects here setled, found themselves under an 
 absolute necessity to elect the Hon'''* James Moore, Esq., to 
 be Governour of this settlement on behalf of yo"" Majesty, since 
 which we have been again alarmed with an intended invasion 
 of the Spaniards from the Havanah, and by a scout-boat lately 
 arriv'd, we are informed that the Spanish fleet is now actually 
 at St. Augustine, from whence we hourly expect to be attuck'd 
 both by sea and land. 
 
 That yo" petitioners have putt themselves into the best 
 posture of defence they could, but they have so long labored und' 
 an heavy Indian war, perpetual alarms both from our s'* 
 enemy, and Indians and pyrates, that they are now reduced to 
 the lowest ebb of fortune, and cannot expect to be able to sub- 
 sist or any time longer to defend this settlem', unless we are 
 imediately taken into yo"" Majesties Royall protection and 
 assistance. 
 
 Wherefore yo'' petitioners, in the most humble manner, sup- 
 plicate yo' Eoyall Majesty as our Kepresentatives have 
 already done, to receive this settlem' into yo"" most gra- 
 cious favor, and imediate protection, and suffer us no longer 
 to be under the authority of any Lords proprietors, whose 
 indigency or neglect hath hitherto been the chief occasion 
 of all the miserable calamities we now labour under. 
 And yo'' pet'' in duty bound shall ever pray, etc. 
 Signed by two hundred and thirty-eight of the Inhabitants, 
 Rec^ 16th Aug., 1720. Read 16th Aug., 1720. 
 
52 EARLY HISTORY OF SOUTH CAROLINA. 
 
 APPENDIX.— No. Y. 
 Charles Town, S°- Carolina, y"- 2'^ Feb^ '".]?. 
 
 America and W. 
 
 Indies. Captain Hilderley, of His Ma"*' ship y* Flam- 
 
 P. 36. borough, ^vho is .stationed here, has been so 
 
 indiscreet in his behaviour that I think it necessary to give 
 you a ver}^ faithful! aec' thereof 
 
 Before he arrived here from Providence, he writ a very civill 
 letter directed to James Moore, Esq'., Govern"" elect of this pro- 
 vince, acquainting him with his intention of coming immedi- 
 atelv to this colon}' according to his instructions, and upon his 
 arrivall waited upon both y' Govern", and for some time be- 
 haved himself, as a Captain of a King's ship ought to do, in a 
 Governm' that was expecting y'= King's pleasure upon y" appli- 
 cation that was made to His Ma*'* by y" people, but during my 
 absence he entered into such measures as to revile y* Governm',* 
 and rail publicly against y* measures that had been taken, and 
 to encourage Govern'' Johnson to resume his government, offer- 
 in o- him his assistance for that end. This and a quarrell that 
 happen'd between him and Coll' Khett, cheife officer of y* King's 
 Customs here, occasioned some representation to be made from 
 hence to y* Lords of j* Adm"^ before my return to this place. 
 
 Upon my sending here a month agoe, I immediately waited 
 upon Capt" Hildeslc}', who received me with a great deal of 
 friendship and civilly, and we both appointed to meet over a 
 bottle at night, when our conversation turn'd upon y" affairs of 
 this colony, certain advices being then come of M'- Nicholson's 
 being appointed Govern' for y" King, and of a scire facias being 
 ordered against y" charter, where he, telling me what he could 
 have done, or might still doe to restore M""- Johnson ; I replyed 
 that M'- Johnson, till some time after his arrivall, had acted 
 very wisely in not attempting to make any division, or disturb- 
 ance among y* people, bat patiently awaiting y* answer that 
 should be made irom England to what had happened, and that 
 I believed y* King would not approve of any body that should 
 disturb y* peace of his subjects, much less any of his owne officers, 
 and that it was not in Capt" Hildesley's power to dcvide y" 
 people, now more especially that we expected daj'ly y» King's 
 
EARLY HISTORY OF SOUTH CAROLINA. 53 
 
 Governo"', tho' after this conference we parted very friendly, yet 
 we never convers'd together; but Govern'' Johnson and he din- 
 ing together, last Saturday was fortnight, the Flamborough 
 fired fifteen guns, and it was given out it was for news being 
 come that a stop was put to Govern"" Nicholson ; this, with some 
 other declarations made by that Company that very day, to 
 amuse and devide people, made it necessary for y* Governm' to 
 issue out a proclamation, and to annex to it y" decretall order 
 of y' Regency and y* London Gazet, wherein M'- iSicholson's 
 being appointed Govern"', and sworn befoi'e y'' Regency, was 
 publish'd to undeceive ignorant people that might bo imposed 
 upon. 
 
 On Fryday last he ordor'd his Lieut. Mr. Haycock, on board 
 ^^ Samuel, John Jones, Ma"", bound and clear'd for London, 
 and to take his cheife mate on boai'dy'' Flamborough, where he 
 received 24 severe lashes om his bare back, and was after wai"ds 
 put on shoar, whei'e showing how he had been used, there 
 gathered togethcr'd a great number of sailors belonging to y* 
 ships in Harbor, who in their rage wanted to be reveng'd of 
 Captain Hildesley, and I hapening to goe by at that instant, 
 got them dispersed immediately. 
 
 The same day the mate, on information upon oath, how he 
 had been serv'd by y* lieut'^ order, and demanded a warrant 
 against him which was granted, but y° Justices first writ to him to 
 acquaint him of y' information that was made, and that y*" war- 
 rant would be serv'd upon him if he did not go before a Magis- 
 trate and enter his recognizance, which he answering with an 
 unmannerly letter, the warrant was serv'd upon him on shoar, 
 and he is now in the Martial's custody, having refused to enter 
 into a recognizance. 
 
 The same day Captain Hildeslej^ made a signall for y'= Ma" of 
 ships to come on board, where a very few went, to whom he 
 rayl'd against y*' countrey, saying there was neither Govcrnm' 
 nor Justice in it, and abundance of stuff to this purpose. 
 
 On Sunday last he made a speech on y" Bay here to y^ Ma" 
 of shipps, saying that he was Govern"' and that he would 
 whip every ma' of a shipp that used his men ill, by which he 
 exposed himself so much that one of them asked him why he 
 did not discharge his Lieu'- out of custody, if he was Govern"'' 
 and then the rest laughed much. Just after this I met him upon 
 
54 EARLY HISTORY OF SOUTH CAROLINA. 
 
 J" Bay where, among other things, he told me he would take 
 it as a piece of friendship if I used my interest to get bis Lieut. 
 discharg'd. I answer'd that could not be done without bis 
 making it up with the mate or entring into a Recognizance, 
 however I told him I would speak to y" owner to make it up 
 w'^th y* Mate, which be offered to doe upon a small concession 
 from y* Lieutenant, which, however, y* Captain did not think 
 fit ho should make. 
 
 On Monday morning last I was with Captaine Hildesley two 
 hotirs by myself, where we conversed very freely and friendly, 
 and told him that be was unhappy to be very ill beloved by the 
 inhabitants as well as the Ma" of ships and sailors in this coun- 
 try, where there is not now less than 45 sail of one kind or 
 another, yet if he would determine to mind only his own duty 
 and not trouble himself with y*Governra' he might very soon 
 get y'good will oiy* people, but if he continued to make parties 
 and divisions at this crisis, we should take such measures as 
 should put it out of his power to doe mischeife, this he took 
 very well from me, for I believe he has a vallue for me, and I am 
 sure I have y" same for him, he having used me very civill in 
 my voyage to Providence on board his ship, but y^ peace and 
 tranquility of a countrey will always make it necessary for me 
 to doe what lies in my power to preserve those two things. 
 
 You, sir, will easily guess that these proceedings of a Cap- 
 tain of a King's Shipp in a Governni' so unestablished as this 
 is at present, might have had a mischeivious consequence were 
 not y* people almost unanimous ; they have, however, occa- 
 sioned more disturbances and commotions than any thing 
 that has happened from y*' beggining of y^ revolution in this 
 province. 
 
 I have writ to ray good friend, Sir John Jennings, to this 
 purpose, and desired him not to make use of it unless Captain 
 Hildesley misrepresented y^ affairs of this countrey, for God 
 knows J would sooner serve him than do him any harm if I had 
 any room for that purpose. 
 
 We expect Generall Nicholson here dayly, where he is very 
 much long'd for, and it is impossible to express the due sence 
 the Inhabitants of this Colony have of y" Kings goodness in 
 taking them under his protection ; for my own part, I have y^ 
 satisfaction of being very well esteemed and beloved by every 
 
EARLY HISTORY OF SOUTH CAROLINA. 55 
 
 body, which gives me a good deal of pleasure, I am with y" 
 iitmost respect, sir, 
 
 Your most obedient and most obliged humble servant, 
 
 JOHN LLOYD. 
 
 P. S. 
 
 Govern'' Roger, of Providence, was here for about six 
 weekes, and fought a duel w'" Cap' Hildesley, upon some dis- 
 putes they had at Providence; they were both slightly wounded, 
 the former is I'cturn'd to his Government. 
 
 Right Hon**'' Mr. Secretary Praggs. 
 
 APPENDIX.— No. VI. 
 
 Charles Town, March 21, 1720-1. 
 
 S. P. 0. gr . 
 
 America and West 
 
 ^°'*'®°- The dayly expectation we are in of the arrivall 
 
 P. 39. of Govenour Nicholson, prevents all publick 
 
 business. Capt"" Hildesley, of the Flamborough, has given us a 
 great deal of uneasiness, and has been very neare occasioning a 
 great deale of bloodshed, he has taken a Commission from Coll. 
 Johnson, to be Colonell of the Regiment in Berkley County. 
 They are continually contriving and plotting of mischeif, 
 Hildesley especially, but thank God it never comes to any thing. 
 I am quite tired of publick business ; the Gov" speedy arrivall 
 is prayed for by the whole province. I conclude. 
 
 Y'' very humble Serv', 
 
 JA. MOORE. 
 
 An exact account of the number of Inhabitants who pay 
 Tax in the settlement of Soujth Carolina for the yeare 1720, 
 with the number of acres and number of slaves in each parish, 
 as the same was delivered by the Inquisitors upon their oaths 
 to the C^m" for receiving the said tax in Charles Town, the 
 14th day of March, Ano Domini 1720. 
 
56 
 
 EARLY HISTORY OF SOUTH CAROLINA. 
 
 
 No. of Ac7-es. 
 
 Inhabitants. 
 
 Slaves. 
 
 St. Philip's, Charles Town... 
 
 Christ Church 
 
 St. Thomas and St. Dennis 
 St. John's (<](>) 
 
 64,265 
 
 57,580 
 
 74,580 
 
 181,375 
 
 153,267^ 
 
 197,1681 
 
 47,457 
 
 187,976 
 
 30,559 
 
 117,274 
 
 51,817 
 
 283 
 
 107 
 
 113 
 
 97 
 
 107 
 
 210 
 
 68 
 
 201 
 
 47 
 
 12 
 
 30 
 
 1,390 
 637 
 942 
 
 1,439 
 
 St. James Goose Creek (<l!>) 
 St. Andrew's 
 
 2,027 
 2493 
 
 St. George's , 
 
 St. Paul's 
 
 St. Bartholemew (<![>) 
 
 St. James' San tee (<][>) 
 
 St. Helena (<[>) 
 
 536 
 
 1,634 
 
 144 
 
 584 
 
 42 
 
 
 1,163,231)1 
 
 1,305 
 
 11,828 
 
 <]|> N. B. Those parishes with this Marke, the cures thereof 
 are vacant. And that those persons who have lands in severall 
 parishes, they are generally charged for all in that parish they 
 live in. 
 
 I Exported from Charles Town, S"- Carolina, between the 
 
 1'' of January, and the 2'' of May, 1721, in 4 months : 
 
 To Greate Britaine— 13,479 bis. of Rice. 6,747 bis. of Pitch. 4,269 bis. of Tarr 
 To the plantations— 2,733 1,450 1,292 
 
 L 
 
 16,212 bis. of Eice. 8,197 bis. of Pitch. 5,561 bis. of Tarr 
 
 S. P. 0. 
 S. C. B. T 
 Vol. 1. 
 A. 31. 
 
 APPENDIX.— No. VII. 
 
 S= 
 
 May Y^ 9.h^ 1721. 
 
 Two of his Majesties ships-of-war being now in 
 the harbour, and the Command'' sensible of the 
 difficulties I have labour'd under, as well as the whole country, 
 by yo'' unjust usurpacon of the government, have therefore 
 resolved to assist me with all their forces to re-assume the same. 
 I have, therefore, with the advice of my councill, sent to you 
 this letter to desire you would peaceably admit me into the 
 Government, my just right, that thereby any misfortunes that 
 may happen on your rcfusall may intirely lyo at yo"" door, and 
 
EARLY HISTORY OF SOUTH CAROLINA. 57 
 
 you thereby become lyablo to answer for the same. T hope 
 this, my way of proceedings, will not bo thought pusillanimous, 
 since the intent of it alsoe is to assure you, as well as the 
 people of this province, that for any thing that has been 
 hitherto transacted, of what kind soever, it shall lye dormant 
 till the arrivall of G-en'- Nicholson, or a Grovernor appointed by 
 his Majesty, if any such there be, when I will as chearefuUy as 
 any one, deliver the Governm' to him. The same assureances I 
 take upon me to make you on y^ part of both the Command" of 
 his Majesties ships ; that every body shall be entirely easy in 
 their p'sons and estates, and all misunderstandings referred to 
 his Majesties s'* Clovern"- 1 expect this meets with its due 
 credit, it being design'd by me to p'serve the peace and tran- 
 quility of the province as well as to assert my own right. 
 
 EOBT. JOHNSON. 
 The within letter is a true copy. 
 
 W. Blakewey, Sec''- 
 
 MAY9'^ 1721. 
 lless'^^' Izard and Younge : 
 
 You may acqua'nt Coll. Johnson, in answer to his message, 
 that I, with the advice of my Councell, am determin'd to keep 
 the governm' of this province for his Majesty,. King George, 
 untill his pleasure is signified relating thereunto, and it is a 
 pleasure to us to find ourselves in a good posture for that pur- 
 pose. I am, 
 
 Yo"" humble serv'- 
 
 JA. MOOEB. 
 
 A true copy : 
 
 W. Blakewey, SeC-^- 
 
 APPENDIX.— No. VIIL 
 
 S. p. 0. gR: 
 
 Vol. 1.' ' I am oblidfired to inform you of an extraordi- 
 
 ^- ^^- nary event that happ'ned amongst us the 9"' of 
 
 this instant, as well to make you acquainted with the Eesolu- 
 tion and unanimity of our inhabitants at the success we have 
 had against our enemies. Coll. Johnson, in the morning, call'd 
 
58 EARLY HISTORY OF SOUTH CAROLINA. 
 
 together all bis Councill and proposed to them means for 
 his restoration to the government, being prompted thereto, 
 as we are informed by Capt° flildesley, who last October 
 received a Com" from Johnson to be Coll. of the Troop. 
 They had been concerting propper measures long before 
 to bring this about, and M''' Johnson gave out some Cora"' to 
 some insignificant persons, who had not interest at last to 
 procure any men, but, however, they resolved to make a push 
 for it, aind, accordingly, made up about 120 men in all, fourscore, 
 whereof were sailors belonging to the Flamborough, headed by 
 Coll. Johnson and Capt° Hildesley; when they had gott under 
 arms, and upon their march they detach'd two gentl" of their 
 Councill, with the enclosed letter from Coll. Johnson, which 
 made us putt our selves in the best posture of defence wee could 
 to receive them, and then returned them the enclosed answer. 
 They soon after appeared before the Town, which oblidged the 
 Forts to fire three guns at them, which proved so prevailing an 
 argument that they procured Capt° Pearce, of His Majesties 
 ship Phoenix, to be a mediator between us, who came with one 
 of their Councill to propose measures of accomodacion, they 
 were made to understand that no terms could induce us to part 
 with the Governm' till bis Majesties pleasure was known. They 
 return'd, and soon after CapL° Pearce came back again and in- 
 formed us that Coll. Johnson was desirous to see the order of 
 the Kegeuc}^, and some letters from you and M' Barnewell, and 
 that they might be sent by some gent" from us ; accordingly 
 three gentl° were sent with those papers, and it produced this 
 effect, that Coll. Johnson promised, and gave bis honour that 
 he never would trouble his bead with the present Governm' any 
 more, and imediately ordered all bis men to be disbanded and 
 sent about their business, so that now I believe we are free 
 from all disturbances of that kind. The consequences that 
 would have issued bad they obtained their ends would have 
 been very mischeivous, as we are certainly informed, the sailors 
 having had promises of plundering the Town. Wee impatiently 
 expect the arrival of Gen' Nicholson to make us all happy. 
 
 Capt" Hildesley and others, notwithstanding the concessions 
 they made, did the next morning so insult the Capt" of the 
 main guard, that it enrag'd the inhabitants to such a degree 
 that wee were oblidg'd to put him under arrest, at his lodging. 
 
EARLY HISTORY OF SOUTPI CAROLINA. 59 
 
 to prevent the rage and resentment of the people falling upon 
 him. And, upon application made afterwards by Capt° Pearee 
 for his enlargement, and upon his promise for the good beha- 
 viour of Capt" Hildesley, his officers and ship's Company, wee 
 ordered a good number of armed men to guard him to Capt" 
 Pearce's boat, in order to his going on board the Phoenix man- 
 of-war. If you think it necessary, you may comunicatc this 
 with the enclosed to the Board of Admiralty, Lords of Trade, 
 &c. Continue to give me constant accounts of the proceedings 
 of our affairs at home, and believe me, 
 
 May ll""' 1721. Your humble servant, 
 
 J A. MOOEE. 
 To Joseph Boone, Esq'* 
 
 (Indorsed,) Carolina. 
 
 L'''^ from Col. Moore, pretended Gov' of Carolina, to M'- Boone, 
 dated the 11'" of May, 1721, relating to Col. Johnson hav- 
 ing attempted to resume the Gov' of that Province. 
 
 Kec-^July 18'^--) ,„^, 
 Eeadd"- 28, p'"-^- 
 
 APPENDIX.— No. IX. 
 
 Instructions for Colonel Philipp Ludwell, Governor of CaroU-\a, 
 
 8 November, 1691. 
 
 S P. 0. I. Wee, the Lords Proprietors, have agreed 
 
 B.% Voi.'T" that the eldest of the Lords Proprietors and that 
 P- •s''- was Proprietor the 1st of March, 1669, shall be 
 
 Palatine. 
 
 II, But after the decease of them, he that hath been longest 
 a Proprietor, and hath paid the full proportion with the rest for 
 settling the Province, shall be Palatine, but after the year i700, 
 and decease of those that were Proprietors 1 March, 1669, the 
 eldest of the then Lords Proprietors, and who hath paid as afore- 
 said, shall be always Palatine. 
 
 III. It is also agreed that there shall be seven other great 
 offices erected, viz : Admiral, Chamberlain, Constable, Chief 
 
60 EARLY HISTORY OP SOUTH CAROLINA. 
 
 Justice, Chancellor, High Steward and Treasurer, to he enjoyed 
 by none but the Proprietors, and that upon the vacancy of any 
 of these Offices, the eldest of these Proprietors that was Pro- 
 prietor P' of March, 1669, shall have his choice, and after the 
 decease of those, he that hath been longest a Proprietor, and 
 hath paid his full proportion of money that hath been expended 
 in the settlement of the Province, but after the year 1700, the 
 eldest man of the then Lords Proprietors, and that hath paid 
 his money as above, shall then have his choice. 
 
 IV. The eldest of those Proprietors that were so the 1" of 
 March, 1669, that shall be in Carolina, and hath paid his full 
 proportion of the money expended by the Lords Proprietors, 
 shall of course be the Palatines Deputy, unless the Palatine 
 and three more of the Lords Proprietors shall otherwise direct 
 under their hands and scales. 
 
 V. The Palatine is to name the Governor, the Admiral, the 
 Marshal of the Admiralty, the Chamberlain, the Eegistrar of 
 Births and Marriages, the Constable, the Marshaf of the Eegi- 
 ments, the Chief Justice, the Eegistrar of Writings and Con- 
 tracts, the High Steward, the Surveyor of Land, the Chancellor, 
 the Sergeant-at-arms attending the Chancery, and upon any 
 man's producing a Commission from any of the Lords Proprie- 
 tors, under his hand and seal for any Office in that Proprietors 
 disposal, you are to admit the person so commissioned to the ex- 
 cution of the said office. 
 
 VI. For as much as it is of great security to the Inhabitants 
 of Carolina, that no ill or unjust man be in so great a trust in 
 the Government as a Propr'^ Deputy, any Deputy of a Lord's 
 Proprietor, howsoever constituted, shall cease to be a Deputy 
 when the Palatine and three more of the Lords Proprietors 
 shall, under their hands and seals, so order and direct. 
 
 VII. Forasmuch as it may be very mischievous to the In- 
 habitants of our Province to have a Governor, Deputy, or any 
 Officer in the choice of the respective Proprietors, not in the 
 power of the Palatine and Proprietors to be removed when he 
 shall act unjustly or contrary to law, and to the oppression of 
 the people, or contrary to the peace or quiet or security of the 
 settlement, any Governor, whether one of the Lords Proprie- 
 tors or other, is to cease to be Governor whenever the Palatine 
 and three or more of the L''' Proprietors shall, under their 
 
EARLY HISTORY OF SOUTH CAROLINA. 61 
 
 hands and seals, signify it to bo their pleasure, and so direct, or 
 when any six of the Proprietors or their Guardians, if under 
 age, shall, under their hands and seals, so direct, altho' the Pala- 
 tine be not one of them. 
 
 Vlir. Upon the death of any of the Lords Proprietors you 
 are not to admit any person to any office that was in that Pro- 
 prietor's disposal, who is dead, by virtue of a Commission from 
 another Prop'"' until the Palatine and three or more of the 
 Lords Prop'" have certified, under their hands and seals, that 
 such Pro|n'ictor haih right to and is admissable unto the place 
 of that Proj)rietor, who is deceased, and had, during his life 
 time, power of disposing of the said place. 
 
 IX. We have also agreed that each of the L''^' Prop""" shall 
 nominate or appoint a Deputy, under his hand and seal, to be 
 recorded in the Secretary's office in Carolina. 
 
 X. The Lords Proprietors Deputys are to be your Council. 
 If it shall happen that any of the Lords Proprietor's Deputys 
 shall, by death or departure outof Carolina, cease to be a Deputy, 
 that there may not be a failure in the Government for want of 
 a due number of Proprietors Deputies, you, our Governor, and 
 the rest of our Deputies vvho are so by deputation under the 
 hand and seal of the Proprietors, are by majority of votes given 
 by ballot to choose a person to be a Deputy for that Proprietor 
 whose Deputy is dead or departed the Province, who shall con- 
 tinue to be a Deputy, and have the same power as our other 
 Deputies, unless in electing Deputies, until that Proprietor shall, 
 under his hand and seal, have appointed another Deputy. 
 
 XL You, our said Governor, are, by and with the consent of 
 any three or more of our Deputies, testified by thoir signing the 
 commission, and where we ourselves have not appointed, or 
 shall not appoint a person or persons for the said office, to con- 
 stitute a Chief Judge by the name of a Sheriff, with 4 Justices^ 
 for the trial of causes in any of the Counties that have fifty 
 freeholders qualified to serve on Juries, which Sheriff and Jus- 
 tices are to take an oath, if free to swear, for the duo adminis. 
 tration of justice. 
 
 XIL Until any County have a Court erected in it, the causes 
 of the Inhabitants of thatCounty shall bo tryed in that'County 
 that lyes next to them, and where a County Court is already 
 appointed, and the Inhabitants of such County may serve as 
 
62 EVULY HISTORY OF SOUTH CAROLINA. 
 
 Jurymen, until a Court be erected in the next County, where 
 they reside. 
 
 XIII. All Processes and actions to be tryed in the County 
 Courts and Pleas, &c., shall be entred and records kept of them 
 by the Clerk of that County Court where the action is to be 
 tryed, the Clerks of the respective County Courts shall be ap- 
 pointed by the Chief Judge or Sheriff, which Clerks are to be 
 sworn for the due execution of his office, and give security by 
 his own bond. 
 
 XIV. You are by, and with consentof our Deputies, to appoint 
 a Marshal to each County, who is to execute all writs and execu- 
 
 .tions issuing from the said Court. 
 
 XV. All Processes, VV^rits and Executions issuing in Actions 
 or Causes to be tryed before yourself and our Deputies, shall be 
 served and executed by the Provost Marshal. 
 
 XVI. All Actions, Pleas, &°" to be tryed before yourself and 
 our Deputies, are to bo entred by the Secretary, by us appointed, 
 and records thereof kept by him. Yourself and our Deputies 
 are to hear and determine of Writs of Error from the Superior 
 County Courts, and to be the Court of Chanc^Siy until we shall 
 otherwise direct. 
 
 XVII. Yourself and our Deputies are to hear and determine 
 all causes criminal and judgements thereon, to give and execution 
 to award according to law, and as often as yourself and any 
 three or more of our Deputies shall think it fit. You are also 
 hereby empowered to grant Commissions to such other persons 
 as yourself or any 3 or more of our Deputies shall think fit, to 
 hear and determine all causes criminal and judgements thereon, 
 to give, and execution to award according to law. 
 
 XVIII. And if it shall appeare to you that any person found 
 guilty is a fit object of mercy, j'ou are, by and with the consent 
 of any three or more of our Deputies, to stop execution and re- 
 prieve the said person, and then you are forthwith to send us a 
 copy of the Indictment, and an account of the proofs against 
 the said person, and the reasons why you think him worthy of 
 mercy. 
 
 XIX. What other officers you, our said Grovernor, and our 
 Deputies, shall find necessary for the better administration of 
 justice, and carrying on the Government, and for which office 
 no person is before commissioned by us, or provision made, 
 
EARLY HISTORY OF SOUTH CAROLINA. 63 
 
 you are, with consent of our Deputies, to grant Cora miss"'' for, 
 in our name, under the little seal appointed for the use of the 
 Government in Carolina, to be in force until it shall be other- 
 wise directed by the Palatine and three and more of the Lords 
 Proprietors, under their hands and seals, or a Comission by 
 them granted to some other for the said place under the great 
 seal of the Province. You are to grant no Commission but 
 during pleasure only. 
 
 XX, And whereas power is given unto us, the Lords Pro- 
 prietors, by virtue of our letters Patents from the Crown, to 
 make, ordain and enact, and under our seals to publish laws for 
 the better Grovernment of the said Province, by and with the 
 advice and consent and approbation of the freemen of the said 
 Province, or their Delegates, or the major part of them, and 
 in order thereunto to assemble them in such manner and form 
 as to us, the Lords Proprietors, shall seem best. You are, with 
 consent of any three or more of our Deputies, whenever you 
 shall think there is need of laws for the better and more peace- 
 able Govern' of the Itihabitants of our Province, in our name, 
 to issue writs to the Sheriifs of the respective Countys to choose 
 20 Delegates for the freemen of Carolina, viz : 5 for Albemarle 
 County, 5 for Colleton County, 5 for Berkeley County, and 5 
 for Craven County, to meet, and in such place, and at such time, 
 as you and any 3 or more of our Deputies shall think fit to 
 give their advice, assent and approbation to such laws as shall 
 be thought reasonable to be enacted for the better Government, 
 peace and welfare of the said Province, always provided that 
 the said laws be not repugnant to the laws of England. 
 
 XXI. And that there may bo no dispute about the bounds of 
 Countys, We have thought fit to appoint that the bounds of 
 Albemarle County be from the great River called Albemarle 
 Kiver, on Roanoke River, to Virginia; that the bounds of 
 Craven County be from Sewee, 2i miles to the North East 
 along the shore, and from thence 35 miles in a North West line 
 into the land ; that the bounds of Berkeley County be Sewee 
 on the North East and so along the sea to Stonoh River to the 
 South West, and 35 miles back into the Land from the Sea. 
 
 XXII. And that the bounds of Colleton County be Stonoh 
 River on the North East, and Combehe on the South West, and 
 35 miles into the land in a streight line from the Sea, and where 
 
64 EARLY IirSTOEY OF SOUTH CAROLINA. 
 
 the Rivers nominated for the N, E. and S. W. bounds of any 
 Countys do not extend full 35 miles from the sea in a streight 
 line, the bounds of the said Countys ai^e to be streight lines run 
 from the heads of the said rivers until it meet with the N. W. 
 bounds of the said County, which is to bo 35 miles from the Sea 
 and no more. 
 
 XXIII. The Countys farther up than 35 miles from the Sea, 
 shall have the same rivers for their bounds if they run so far 
 up, but if the rivers run not so far, then a line running N. \\. 
 shall be extended 35 miles farther into the land, then the N. 
 W. bounds of the County next the Sea, which lines running N. 
 W. shall be the ISI. E. and S. W. bounds of the said County. 
 
 XXIV". And when any County shall make it appear by the 
 grants registered in the Ilegister Office, that there is in that 
 County 40 freeholders, you are then to issue Writs to the 
 Sheriffs of the said County for the choosing of 4 Delegates to 
 represent in the Assembly the freemen ot that County, and then 
 you are to issue Writs to the forenamed Countys for the choice 
 of 4 Delegates for each County only. 
 
 XXV. And as other C)untyd come to be planted and make it 
 appear there are 40 freeholdei's in the County, you are to issue 
 Writs in such Countys for the choice of 4 Delegates, also to 
 represent them in the General Assembly of the freemen of the 
 Provinces, and before any County have 40 freeholders, so as to 
 have Writs directed to it for the choice of Eepresentatives for 
 the County they reside in, they are to give iheir votes for the 
 choice of Delegates in the County next to them that is qualified 
 to choose Delegates. 
 
 XXVI. At the same time that you issue Writs for the choice 
 of Delegates for the County, you are to send Writs, in our 
 names, to each of the Landgraves and Cassiques of Carolina, to 
 convene and give their advice and consent in the passing of 
 such laws as shall be thought reasonable, and the Landgraves 
 and Cassiques are to sit together with our Deputies. 
 
 XXVII. With the advice and consent of our Deputies and 
 the Landgraves and Cassiques and Delegates of the freemen 
 thus assembled, or the major part of them, you are to make, 
 ordain and enact such laws as shall be thought necessary for the 
 better Government of our Province, but to be ratified by your- 
 self and 3 or more of our Deputies, under their hands and seals 
 
EARLY HISTORY OF SOUTH CAROJ>INA. 65 
 
 in presence of the Landgraves and Cassiqaes and Delegates of 
 the Countjs, before such act.s be published or allowed to be 
 laws, which laws so passed are to continue in force for two 
 years and no longer, unless within that time they are ratified 
 and confirmed under the hands and seals of the Palatine and 3 
 or more of the Lords Proprietors themselves, and by their order 
 published in the General Assembly. {Here follows the addition 
 to Smith.) 
 
 XXYIIL A.ny law so passed, before it hath been so ratified, 
 under the hands and seals of the Palatine himself and 3 or 
 more of the Lord's Proprietor's themselves, under their hands 
 and seals, and by their order published in the General Assembly 
 of the Landgraves and Cassiques and Delegates for the Countys, 
 shall cease to be a law whenever the Palatine and 8 or more of 
 the Lords Proprietors signify their dissent to it, under their 
 hands and seals. 
 
 XXIX. You are constantly to transmit to us all Laws passed 
 as soon as possible. 
 
 XXX. You, our Governor, are by and with the consent of 3 
 or more of our Deputies, to adjourn, prorogue and dissolve the 
 General Assembly as often as you shall think it requisite 
 so to do. 
 
 XXXI. We having long since thought fit to take all the 
 Indians residing within 400 miles of Charles Town, into our 
 Protection, as subjects to the Monarchy of England, you are 
 not to suffer any of them to be sent away.from Cai'olina. 
 
 XXXII. You, our said Governor, are to be Commander of all 
 the Forces raised, or to be raised, within the limits of j^our 
 Government, over whom you are to place Officers, and them re- 
 move at your pleasure, and to cause the said Forces to be duly 
 exercised in arms, and to do all other things that to a Com- 
 mander-in-Chief doth belong. 
 
 XXXIII. You, our said Governor, are, to direct the meetings 
 of our Deputies as often as you shall think fit. 
 
 XXXIV. If you, our said Governor, should happen to die or 
 depart the Province, or any other ways be out of the Govern- 
 ment, and no person on the place commissioned by the Palatine 
 or us the L'^' Prop"- Our Will and Pleasure is, that the Pro- 
 prietors Deputies, who are made so under the hands and seals 
 of the Proprietors, shall choose one of the Landgraves to be 
 
 5 
 
66 EARLY HISTORY OF SOUTH CAROLINA. 
 
 Governor, if any Landgrave be then in Carolina, and against 
 whom there is no objection ; and, if there be any objection 
 against the said Landgrave being Governor, they are to trans- 
 mit the said objection to us; but if there be no Landgrave in 
 Carolina against whom there is no objection, that then those 
 our Deputies are hereby empowered to choose one of those 
 our Deputies, who is so by virtue of a Deputation, under the 
 hand and seal of a Proprietor, to be Governor until another 
 shall be appointed by the Palatine ; and if there be no Deputy 
 who hath a Deputation under the hand and seal of a Proprie- 
 tor, that then the Deputies may choose one of those Deputies 
 put in by the Governor, to be Governor as aforesaid. 
 
 XXXV. You are to be very careful not to suffer any of the 
 Inhabitants of our Province to commit any Acts of Hostility 
 against the Spaniards. 
 
 XXXVI. You are to suffer no fines to be laid on any one for 
 misdemeanors by them committed, but to our use, the fines so 
 laid being our right. 
 
 XXXVII. You, our said Governor, upon any misdemeanor 
 committed, are, by and with the consent of any 3 or more of 
 our Deputies, to suspend any Officer in Carolina, put in by any 
 of the Proprietors, except our Deputies and our Receiver-Gen- 
 eral, and place another to exercise the said Office in his room 
 until our pleasure be known, and while the said Office is exe- 
 cuted by another, he that shall so execute the said Office is to 
 keep an account of frhe profits of the said Office, and be respon- 
 sible to the party who is so suspended, for the profits of the 
 said Office, if we ourselves shall think fit to restore him, and so 
 direct; And you are to send to us the reasons of such suspen- 
 sion, that we ourselves may be enabled to judge if there be 
 sufficient cause for your so doing, and what the said party doth 
 alledge for himself. 
 
 XXXVIII. Any Officer put in by any of the Proprietors, if 
 be execute the said Office by a Deputy, is to take such Deputy 
 as you our Governor and our Deputies shall approve of, and no 
 other. 
 
 XXXIX. You are to take all imaginable care to see the Acts 
 of Trade and Navigation duly to be observed. 
 
 XL. You are to use your utmost endeavors to seize any 
 Pirates that shall come to Carolina, and you are to prosecute 
 
EARLY HISTORY OF t^OUTII CAROLINA. 67 
 
 all such as shall presume to trade with them, or have any com- 
 merce with them contrary to law, with all the utmost rigor the 
 law allows. 
 
 XLI. In. all other matters not limited or provided for by 
 these our instructions, you, our said Governor, are, by and with 
 the consent of any 3 or more of our Deputies, to make such 
 Orders from time to time, for the peace and safety of the Gov- 
 ernment there, as to you shall seem necessary, and we ourselves 
 have power to do, by virtue of our Charter from the Crown, 
 which Orders you are forthwith to transmit to us, with ^^our 
 reasons for the making of them, which Orders are to be in force 
 until we shall, under the hand and seal of the Palatine, and 3 or 
 more of the Lords Proprietors otherwise direct, and no longer. 
 
 XLII. These Instructions shall be rules for proceedings for 
 any succeeding Governor as well as yourself, and be put in 
 execution by him until we shall otherwise direct. 
 
 XLIII. We do hereby repeal and make void all foi'mer In- 
 structions for the Government of that part of our Province 
 that lyes S. and W. of Cape Fear, and all temporary laws what- 
 soever, these oui- instructions being to be your only rule for the 
 Government for the future until we shall otherwise direct, but 
 our powers and rules for granting land are not hereby revoked, 
 but to remain as they are. 
 
 Given under our hands and seals, this 8*" day of November, 
 1691. CKA VEN, Pa^a^me. (M ) 
 
 ASHLEY. 
 P. COLLETON. 
 JOHN AKCHDALE, 
 For THOS. ARCHDALE. 
 THOS. AMY. 
 
 APPENDIX.— No. X. 
 
 Instructions for Thomas Smith, Governor of Carolina, 
 SfPO- . 29 Nov., 1693. 
 
 No. Carolina. ' 
 
 B. T. Vol. 4. Xhe same as those to Governor Ludwell, 8 November, 
 
 p. 3. 
 
 1691, with the following addition only to Article 27 : 
 
 "Always provided that such laws be not for the alteration of 
 
 Courts of Judicature in Carolina, or alteration of the forms of 
 
 proceeding therein from what was practised during the Gov- 
 
68 EARLY HISTORY OF SOUTH CAROLINA. 
 
 ernm' of Landgrave Joseph Moreton and Landgrave James Col- 
 leton, or any other matters relating to Juries or election of 
 Representatives for the General Assembly, or the fees taken or 
 belonging to any Officer or Officers constituted and appointed 
 by us, all which being matter that will admit of delay, without 
 exposing the safety of the Inhabitants to any Foreign Enemy 
 or attempt of the Indians, We Will and Ordaiue that bills rela- 
 ting to the above mentioned matter that have passed the Gene- 
 ral Assembly, and consented to by you our Governor, or the 
 Governor for the time being, and our Deputies and the Land- 
 graves and Cassiques, shall be transmitted to us to be consider- 
 ed and ratified and confirmed under the hands and seals of the 
 Palatine, and three or more of the Lords Proprietors, before 
 they are published and put in execution as law in Carolina." 
 
 APPENDIX.— No. XL 
 
 Instructions for Francis Nicholson, Esq., Flis Maj'^' 
 '^•P- *^-, Capt. General and Commander in Chief in and over 
 
 So. Carol. i^ 
 
 B.T.Voi.35. His Maj'y' Province and Territory of Carolina, in 
 America. Given at Whitehall the 30 Aug. 1720. 
 1st. With these Instructions you will receive His Maj''''' Com- 
 mission, under the Great Seal of Great Britain, constituting you 
 Captain-General and Governor-in-Chief in and over His Maj''"' 
 Province and Territory of Carolina, in America. 
 
 2nd. And for the better administration of justice and manage- 
 ment of the public affairs of H. M. said Province, you are re- 
 required to choose and appoint such fitting and dis- 
 
 To appoint a ■ , i^i t i i ■ i 
 
 Council not Greet pcrsous, either Planters or Inhabitants there, 
 not exceeding the number of twelve, as 3'ou shall 
 judge most proper to be of H. M. Council in His said Province, 
 until H. M. further pleasure be known. And you are forthwith 
 to transmit to H. M. and to His Comrais" for Trade and Planta- 
 tions, a list of the Names and Qualifications of all the said 
 persons so by you appointed to be His Maj''^^ Council there. 
 3. And you are, with all due and usual solemnity, to cause 
 ,,. , H. M. said Commi8^ under the Great Seal of Great 
 
 To pul)lish ' 
 
 hi.s comission. Britain constituting you H. M. Capt. General and 
 Governor-in-Chief as aforesaid, to be read and published at the 
 said meeting. 
 
EARLY HISTORY OP SOUTH CAROLINA, 69 
 
 4. Which being done, you shnll administer to each of the 
 Members of H. M. said Council, as well the Oaths appointed to 
 be taken by an Act passed in the first year of 11. M. Reign, en- 
 Administer ttie ^'^••^cl An Act for the further security of H. M. person 
 o^'h*- and government, and the succession of the Crown in the 
 Heirs of the late Princess Sophia, being Protestants, and for txtin- 
 guishing the hopes of the pretended Prince of Wales and his open and 
 secret Abettors, as also cause the Members of H. M. said Council 
 to make and subscribe the Declaration mentioned in an Act of 
 Parliament made in the 25th year of the Reign of King Charles 
 the 2d, entitled An Act for preventing dangers which may happen 
 from Popish Recusants, and every of them are likewise to take an 
 oath for the due execution of their Offices and their equal and 
 impartial administration of justice. 
 
 5. You are forthwith to communicate unto H. M. said Council 
 
 such and so many of these Instruct" wherein their 
 
 Comunicate his ^ ■ ■, • i i 
 
 instructions to advice and consent are mentioned to be requisite) 
 
 as likewise all such others from time to time as you 
 
 shall find convenient for H. M. service to be imparted unto them. 
 
 6. You are to permit the Members of H. M. said Council to 
 
 have and enjoy freedom of debate and vote in all 
 
 Council to have _. . „ , ,. , i i i i • 
 
 freedom of de- aiiairs of public conccrn that may be debated in 
 
 bate and vote. ,, ., 
 
 Council. 
 
 7. And that His Maj''' may be always informed of the Names 
 
 , and Characters of persons fit to supply the Vacancies 
 
 Persons to '^ rtr J 
 
 puppiy vacan- which shall happen in His said Council, Y^'ou are to 
 
 cies in Council. ^ '■ ^ 
 
 transmit unto H. M. by one of His Principal Sec' 
 of State, and to his Comiss" for Trade and Plantations, with all 
 convenient speed, the names and characters of twelve persons, 
 Inhabitants ot the said Province, whom you shall esteem the 
 best qualify'd for that Trust, and so from time to time when 
 any of them shall dye, depart out of the said Province, or 
 become otherwise unfit, you are to nominate so many other 
 persons to H. M. in their stead, that the list of twelve persons 
 fit to supply the s** vacancies may be always compleat. 
 
 8. You are from time to time to send to H. M. as aforesaid, 
 Names and and to His Comis"" for Trade and Plantations, the 
 per^'gonfput names and qualities of any Members by you put into 
 into Council, ^j^^ g^^jj Couucil by the first convenieucy after your 
 
 80 doing. 
 
70 EARLY HISTORY OP SOUTH CAROLINA. 
 
 9. And in the choice and nomination of the Members of 
 „ ,.^ ,. H. M. said Council, as also of the Chief Officers, 
 
 Qualifications ' ^ > 
 
 of Council- Judges, Assistants, Justices and Sheriffs, you are 
 always to take care that they be men of good life, 
 and well affected to H. M. Governm*- and of good estates and 
 abilities, and not necessitous persons or much in debt. 
 
 10. You are neither to augment nor diminish the number of 
 >'ottoaug- H- M. said Council, nor to suspend any of the Mem- 
 mfnish ttfeVr ^crs thereof without good and sufficient cause, nor 
 number. without the consent of the majority of the said Coun- 
 pending"'^ cil. Aud in casc of suspension of any of theni, you 
 Councillors, .-^j-g ^q causc your reasons for so doing, together with 
 the charges and proofs against the said persons, and their 
 answers thereunto, to be duly entred upon the Council Books, 
 and forthwith to transmit copies thereof to His M.a'^ as afore- 
 said, and to his Comis" for Trade and Plantations. Neverthe- 
 less, if it should happen that you should have reasons for 
 suspending of any Councillor, not fit to be communicated to 
 the Council, you may in that case suspend such person without 
 their consent; But you are, thereupon, immediately to send to 
 H. M. by one of His Principal Sec" of State, and to his Comis" 
 for Trade and Plantations an account thereof with your rea- 
 sons for such suspension, as also for not communicating the 
 same to the Council, and Duplicates thereof by the next occa- 
 sion. 
 
 11. And you are likewise to signify H. M. Pleasure unto the 
 Members of his said Council, that if any of them shall hereaf- 
 Counciiiors tcr absent themselves from the said Province, and 
 absenting. continue absent above the space of twelve months 
 together; without leave from you or from the Comander-in- 
 Chief of the said Province, for y* time being first had and 
 obtained under your or his hand and seal, or shall remain 
 absent for the space of two years successively, without H. M. 
 leave given him or them under His Eoyal Signature, their 
 place or places in the said Council shall immediately thereupon 
 become void, and that H. M. will forthwith appoint others in 
 their stead. 
 
 12. And altho' by your Commission aforesaid, H. M. has 
 Quorum of thought fit to direct that any three of the Council- 
 the Council, j^^.^ ^^^^q ^ Quorum, it is, nevertheless, H. M. will 
 
EARLY HISTORY OF SOUTH CAROLINA. 71 
 
 and pleasure, that you do not act with a Quorum of less than 
 five Members, unless upon extraordinar}' emergencies, when a 
 greater number than three cannot be conveniently be had. 
 
 13- And whereas His Ma'^- is sensible that effectual care 
 Councillor'^ ought to be taken to oblige the Members of His 
 
 willfully ab- Council to a due attendance therein, in order to pre- 
 senting to be ' i 
 
 suspended. veut the many inconveniences that may happen for 
 want of a Quorum of the Council to transact business as occa- 
 sion may require. It is H. M. Will and Pleasure that if any 
 of the said Council then residing in the Province, shall here- 
 after, willfully absent themselves when duly summoned, without 
 a just and lawful cause, and shall persist therein after admoni- 
 tion, 3^ou suspend the said Councillors so absenting themselves, 
 till H. M. further pleasure be known, giving H. M, timely 
 notice thereof. And you are to signify this H. M. pleasure to 
 the several Members of the said Council aforesaid, and it be 
 entered in the Council Books of the said Province as a stand- 
 ing rule. 
 
 14. You shall take care that the Members of the Assembly 
 Election of As- "^^ elected only b}^ Freeholders, as being more 
 •embiy Men. agreablc to the custom of this Kingdom, to which 
 you are as near as may be to conform yourself in this particular. 
 
 15. Your are to observe in the passing of Laws, that the 
 
 stile of enacting the same, be by the Gov"" Council 
 and Assembly and no other. You are also, as much as 
 possible to observe in the passing of all Laws, that whatsoever 
 may be requisite upon each different matter, be accordingly 
 provided for by a different Law, without intermixing in one 
 and the same Act, such things as have no proper relation to 
 each other. And you are more especially to take care that no 
 Clause or Clauses be inserted in, or annexed to any Act which 
 shall be foreign to what the Title of such respective Act im- 
 ports ; and that no perpetual Clause be part of any Temporary 
 Law, and that no Act whatever, be suspended, altered, revised, 
 confirmed or repeated by general words, but that the Title and 
 Date of such Act so suspended, revised, confirmed or i-epeated, 
 be particularly mentioned and expressed. 
 
 16. You are also, to take care that no Private Act be passed. 
 Reservation in ill which there is not a saving of the right of His 
 Private Acts, -j^j^ty, g^g gg^j.^ ^^d Succcssors, all Bodics, politick 
 
72 EARLY HISTORY OF SOUTH CAROLINA. 
 
 or corporate, and of all other persons, except such as are men- 
 tioned in the &^ Act. 
 
 17. And whereas great mischiefs may arise, by passing Bills 
 Bills ofunusu-of an unusual and extraordinary nature and impor- 
 
 al and extraor- i i-»i n -n-i • n 
 
 dinary nature, tance in the Plantations, all Bills remaining in force 
 there from the time of enacting, until H. M. pleasure be sig- 
 nified to the contrary ; you are hereby required not to pass, or 
 givej'our consent hereafter, to any Bill or Bills in in the As- 
 sembly of the said Province, of unusual or extraordinary 
 nature and importance, wherein His Ma*'^" prerogative or the 
 property of his Subjects, may be prejudiced or the Trade or 
 Shipping of this Kingdom, any ways effected until you shall 
 first have transmitted unto H. M. the draught of such a Bill 
 or Bills, and shall have reciv'^- H. M. pleasure thereupon ; un- 
 less you take care in the passing of any Bill of such nature 
 as before mentioned, that there be a clause inserted therein, 
 suspending and defering the execution thereof, until H. M. 
 pleasure shall be known, concerning the same, w*'" you are like- 
 wise to observe in the passing of all Acts, that shall repeal any 
 Act or Acts that have had the Eoyal Assent. 
 
 18. And that it may be the better understood what Acts and 
 Laws are in force in the said Province of Carolina, You are, 
 
 T o,„ t«K with the assistance of the Council to take care that 
 
 JjEWs to be re- 
 
 ^'^^'^- all Laws now in force be revised and considered, 
 
 and if there be anything either in the matter or stile of them, 
 which may bo fit to be retrenched or altered, You are to repre- 
 sent the same unto H. M. Avith your opinion touching the said 
 Laws now in force (whereof you are to send a compleat Body 
 unto H. M, and to His Comiss''' for Trade and Plantations,) 
 with such alterations as you shall think requisite to the end H. 
 M. approbation or disallowance may be signify'd thereupon. 
 
 19. You are to transmit Authentic Copies of all Laws, Stat- 
 utes and Ordinances, that are now made and in force, which 
 
 „ , have not yet been sent, or which at any time here- 
 
 fo send cop- •' ' '' 
 
 ies of all laws, after shall be made or enacted within the said Pro- 
 vince, each of them separately under the jjublick Seal unto H. 
 M. and to his said Comis" for Trade and Plant* within three 
 months or sooner after their being enacted, together with Du- 
 plicates thereof by the next conveyance, both which Copies and 
 Duplicates are to be fairly abstracted in the margin, upou pain 
 
EARLY HISTORY OF SOUTH CAROLINA. 73 
 
 of H. M. high displeasure, and of the forfeiture of that year's 
 sahary, whei-ein you shall at any time or upon any pretence 
 whatsoever omit to send over the s'^ Laws, Statutes and Ordi- 
 nances aforesaid within the time above limited, as also of such 
 other penalty as H. M. shall please to inflict. But if it shall 
 happen that during the time of War no shipping shall come 
 from the s'' Province within three months after the making such 
 Laws, Statutes and Ordinances, whereby the same may be 
 transmitted as aforesaid, then the said Laws, Statutes and Or- 
 dinances are to be transmitted by the next conveyance after the 
 making thereof, whenever it may happen for H. M. approbation 
 or disallowance of the same, 
 
 20. And His Maj'^' further Will and Pleasure is that upon 
 To date Acts ^^'^ry Act which shall be transmitted there be y^ 
 
 and send Ob- geveral Dates or respective times when the same 
 
 servations on ' 
 
 'em- passed the Assembly, y* Council, and received your 
 
 Assent, and you are to be as particular as may be in your ob- 
 servation (to be sent to H, M. Comis" for Trade and Plant') 
 upon every Act, that is to say whether the same is introductory 
 of a new Law, declaratory of a former Law, or for the repeal of 
 any Law in being; and you are likewise to send to the s'* 
 Comiss" the reasons for the passing of such law, unless the same 
 do fully appear in the preamble of the said Act. 
 
 21. You are for the better administration of justice, to endeavor 
 ^ ,-^ .- to tret a Law passed, wherein shall be set the value 
 
 Qualification o i ' 
 
 of Jurors. of Men's Estates, either in Goods or Lands, under 
 which they shall not be capable of serving as Jurors. 
 
 22. You shall administer or cause to be administ** the oaths 
 To administer appointed to be taken by the afores'^ Act, for the 
 the Oaths. further security of H, M. person and Govern', and 
 ihe succession of the Crown in the Heirs of the late Princess 
 Sophia being Protestants; and for extinguishing the hopes of 
 the pretended Prince of Wales and his open and secret 
 abettors, unto all Members and officers of the Council and 
 Assembly, all Judges and Justices, and all other persons that 
 hold any office or place of Trust or profit in the said Province; 
 and you shall also cause them to make and subscribe the fores'' 
 Declaration, without the doing of all which, you are not to 
 admit any person whatsoever into any publick office, nor sufi'er 
 those that have been admitted formerly to continue therein. 
 
74 EARLY HISTORY OF SOUTH CAROLINA. 
 
 23. You are to take care that in all cicts or Orders to be 
 Acts for levy- p^sscd within that Province, in any case for levying 
 ing Money. Money or imposing Fines and Penalties, express 
 mention be made that the same is granted or reserved to H. M., 
 his Heirs and Success", for the public uses of that Province and 
 Reserves to ^^^ support of the Govcmm* thereof, as by the said 
 the King. j^Q^ Qj. Order shall be directed, 
 
 24. And His Ma'^ does particularly require and command, 
 that no monj'- or value of mony whatever, be given or granted 
 
 by any Act or Order of Assembly to you the Gov', 
 Mon'ey'fo t)ie L' Gov' Or Comander-in-Chief of the said Province, 
 
 which shall not according to the stile of Acts of 
 Parliam' of Great Britain, be mentioned to be given and granted 
 unto His Ma*^, with the humble desire of such Assembly, that 
 the same be apply** to the use and behoof of such Gov"", Lieut. 
 Gov'' or Command'-in-Chief, if H. M. shall think fit ; or if he 
 shall not approve of such Gift or Application, that the said 
 Mony or value of mony, be then disposed of and appropriated 
 to such other uses as in the said Act or Order shall be mentioned ; 
 and that fi*om the time the same shall be raised, it remain 
 in the hand of the Receiver General of the said Province, 
 until H. M. pleasure shall be known therein. 
 
 25. And, whereas, several inconveniences have arisen to H. M. 
 Gifts and Govern' in the Plant' by Gifts and Presents made to 
 fhe Govern'r ^^^ ^^v" by the General Assemblies : You are, 
 prohibited. therefore, to propose unto the said General Assembly, 
 and use your utmost endeavors with them, that an Act be 
 passed for raising and settling a publick Revenue for defraying 
 the necessary charge of the Govern' of the said Province ; and 
 
 that therein Provision be particularly made for a 
 him to be Competent salary to yourself as Cap' General and 
 
 Gov'"-in-Chief of the said Province, and to any other 
 succeeding Cap' Gen. for supporting the dignity of the said 
 office, as likewise due provision for the contingent charges of 
 Ditto for other o^'" Council and Assembly, and for the Salaries of 
 Officers. ^^Q respective Clerks and other Officers thereunto 
 
 belonging ; as likewise of all other Officers necessary for the 
 administration of that Govern', and when such Revenue shall 
 80 have b;een settled, and provision made as aforesaid, then 
 H. M. express Will and Pleasure is, that neither you, the Gov' 
 
EARLY HISTORY OF SOUTH CAROLINA. 75 
 
 nor any Gov', Lieu' GoV, Comni<and''-in-Chief or Presid' of the 
 Council of the said Province of Carolina for the time being, do 
 give your or their consent to the passing any Law or Act for 
 any Gift or Present to be made to you or them by the As- 
 sembly, and that neither you nor they do receive any Gift or 
 Present from the Assembly, or others, on any account, or in 
 any manner whatsoever, upon pain of H. M. highest displeasure 
 and of being recalled from that Govern'. 
 
 26. And his Ma'^ does further direct and require that this 
 ^, , . Declaration of His Koyal Will and Pleasure be 
 
 The foregoing ■^ 
 
 article to be en- communicated to the Assembly at their iirst meet- 
 
 tred in the "^ 
 
 Council Bk. j^g after your arrival in that Province, and entred 
 into y*' Journals of the Council and Assembly, that all persons 
 whom it may concern may govern themselves accordingly, 
 
 27. And, whereas, H. M. is willing, in the best manner, to 
 In absence of p^ovidc for the support of the Govern' of the said 
 
 (?oraand-ln- '"^^ Provincc, by Setting apart sufficient allowances to 
 Chief to have a g^dj ^g gh^n bg Govcrnors or Commander-in- 
 
 Moiety of the 
 
 Salary. Chief, residing for the time being, within the 
 
 same. H. M. Will and Pleasure therefore is, that when it shall 
 happen that you shall be absent from that Province, one 
 Moiety of the Salary, and of all perquisites and emoluments 
 whatsoever, which would otherwise become due unto you, 
 shall, during the time of your absence, be paid and satisfied 
 unto such Gov'- or Comand'--iD-Chief who shall be resident 
 within the said Province for the time being, which H. M. does 
 order and allot unto him for his maintenance and for the better 
 support of the dignity of that Government. 
 
 28. And, whereas, great prejudice may happen to H. M. 
 
 service and the security of that Province, by your 
 
 Not to come „ , . , , .^ „ 
 
 to Gt. Britain abscnce from tho.se parts, you are not, upon any 
 
 without leave. , , . • i„ /"<.,„(- I^..;^.,;l^ 
 
 pretence whatsoever, to come into Great iJruaiu 
 without having first obtained leave for so doing from H. M., 
 under His Royal Signet and Sign Manual, or by H. M. Order, 
 in His Privy Council: But in case of your being seized by any 
 
 dangerous sickness, which may make it necessary 
 
 But may go ^ . . , 
 
 to New York, for you to change the air, by removing to some 
 other climate, in order to the recovery of your health, H. M. 
 does permit you to repair to New York or such other Northern 
 Plantat' on the continent of America, as you judge most conve- 
 
76 EARLY HISTORY OF SOUTH CAROLINA. 
 
 nient: Provided you do not I'emain absent from your Govern' 
 any longer than shall be absolutely necessary for your recovery 
 from such dangerous sickness. 
 
 29. And, whereas, H. M. has thought fit by his Comis"' to di- 
 
 rect that in case of j^outr death or absence from the 
 
 President not j -r* • i • i ■ i • 
 
 topass Actsbat s'* JProvince, and incase there be at that time no 
 
 what are imme- , , . . , . , 
 
 diateiy neees- person upon the place commissionated or appointed 
 ^*'^" by H. M. to be Lieut. Grov"" or Comand''-ia-Chief, the 
 
 eldest Councillor, who shall be at the time of your death or 
 absence residing within the Province of Carolina, shall take 
 upon him the administr" of the Govern' and execute H. M. said 
 Commission and Instructions, and the several Powers and Au- 
 thorities therein contained in the manner therein directed. It 
 is nevertheless H. M. express Will and Pleasure that in such 
 case the said President shall forbear to pass any Acts but what 
 are immediately necessary for the peace and welfare of the s'* 
 Province, without His Ma'^' particular Order for that purpose. 
 
 30. You are not to permit any clause whatsoever to be in- 
 
 serted in any Law for levying mony or the value of 
 
 All Mony i i- i i 
 
 levy'dtobeac- mony, whereby the same shall not be made liable 
 
 counted tor tt i*- • i • tt-- i 
 
 here in Gt. to be accountcd tor unto H. M. in this Kingdom, 
 and to the Comis" of H. M, Treasury or to His 
 High Treasurer of G' Britain for the time being. 
 
 31. And H. M. does particularly require and enjoj'n you, upon 
 Fair Books of paJn of His highest displeasure to take care that 
 
 accounts to be ' ° '■ 
 
 keptandseut. Fair Books of Accounts of all Keceipts and Paym" 
 of all such mony be duly kept, and y' truth thereof attested 
 upon oath, and that the said Books be transmitted every half 
 year or oftener to the Comis" of H. M. Treasury, or to His 
 High Treasurer for the time being, and to His Comis" for 
 Trade and Plant' and Duplicates thereof, by the next convey- 
 ance, in which Books shall be specify'd every particular sum 
 raised or disposed of, together with the names of the persons to 
 whom any payment shall be made, to the end H. M. may be 
 satisfy'd of the right and due application of the Kevenue of y^ 
 said Province. 
 
 32. You are not to suffer any publick mony whatsoever to 
 Public Mony ^® issued Or disposcd of otherwise than by Warrant 
 
 ^vfce oVcoun^ Under your hand, by and with the consent of the 
 '^"- Council. But the Assembly may nevertheless be 
 
EARLY HISTORY OF SOUTH CAROLINA. 77 
 
 permitted from time to time to view and examine the accounts 
 Assembly may of monv Or valuo of monv disposed of bv virtue 
 
 examine Ac- J f ^ ^J ""uii^ 
 
 counts. of laws made by them, which you are to signify to 
 
 them as there shall be occasion. 
 
 33. It is His Ma'^'^ express Will and Pleasure that no Law for 
 impositioa ^°^* raising any Imposition on Wines or other strong 
 
 on wines, &c. Liquors, be made to continue for less than one whole 
 year, and that all other laws made for the supply and support 
 of the Governm' shall be indefinite and without limitation, 
 except the same be for a temporary service and which shall 
 expire and have their full effect within the time preQxt. 
 
 34. And, whereas, several other Laws have formerly been 
 
 enacted in the Plantation for so short a time that 
 
 Laws not to 
 
 be passed for H. M. assent Or refusal thereof could not be had 
 
 too short a time 
 
 thereupon before the time for which such Laws 
 were enacted did expire. You shall not for the future give your 
 assent for any Law that shall bo enacted for a less time than 
 Notto re-enact ^^^ years (cxcept in the cases mentioned in the 
 repealed Acts, foregoing article) and you shall not re-enact &ny 
 Law to which H. M. assent has once been refused, without ex- 
 press leave for that purpose first obtained from H. M. upon a 
 full Eepresentation by you to be made of the reasons and 
 necessity of passing such Law. 
 
 35. And, whereas, the Members of several Assemblies in the 
 Priviie es of ^'^"^' ti^^e of late years assumed to themselves 
 
 Assembly men. Privileges no ways belonging to them, especially ot 
 being protected from suits at Law during the term they remain 
 of the Asseniblies, to the great prejudice of their Creditors and 
 the obstructing of Justice. And some others have presum** to 
 adjourn themselves at pleasure, without leave from H. M. Gov- 
 ernors first obtained : And others have taken upon them the 
 sole framing of mony Bills, refusing to let the Council alter or 
 amend the same. All which are very detrimental to H. M. pre- 
 rogative. If upon your calling an Assembly in Carolina you 
 find them insist upon any of the above privileges, you are to 
 signify to them that it is H. M. express Will and Pleasure that 
 you do not allow any protection to any Member of the Council 
 or Assembly further than in their persons, and that only during 
 the sitting of the Assembly, and that you are not to allow them 
 to adjourn themselves, otherwise than de die in diem, except 
 
78 EARLY HISTORY OF SOUTH CAROLINA. 
 
 Sunday's and Holidays, without leave from you or the Comand"'- 
 in-Chief for the time being first obtained. And that the 
 Council have the like power of framing, mending or altering 
 mony Bills, as the Assembly and you are hereby expressly en- 
 joyn'd not to allow the Members of Assembly in Carolina any 
 power or privilege whatsoever which is not allowed by H. M. 
 to Members of the House of Commons in Great Britain. 
 
 36. You shall take care that an Act passed here in the 6th 
 
 Year of the Reign of her late Ma'' Queen Anne, 
 
 Rates of for- -r-i • i i 
 
 eiga coin set- i^ntitled ^^ An Act for ascertaining the rates of Foreigti 
 Coins in the Planf in America,'' be duly observed 
 and put in execution. 
 
 37. And you are particularly not to pass any Law or do any 
 Revenue not ^^^ ^^ Grant, Settlement, or otherwise, whereby 
 
 to be lessened. i\^q publick Revcnues may be lessened or impaired 
 w"'out H. M. especial leave or command therein. 
 
 38. You shall not remit any Fines or Forfeitures whatsoever, 
 
 above the sum of Ten Pounds, nor dispose of any 
 
 Disposing of i-, /> . 
 
 Fides and For- Eschcats, Jbines Or J^oricitures whatsoever, until 
 upon signifying to the Comis" of H. M. Treasury or 
 His High Treasurer for the time being, and to His Comis" for 
 Trade and Plant' y* nature of the offence and the occasion of 
 such Fines, Forfeitures or Escheats, with the particular sums or 
 value thereof, (which you are to do with all speed,) you shall 
 have received H. M. directions therein : But you may in the 
 mean time suspend the payment of such Fines and Forfeitures. 
 
 39. You are to require the Secretary of the s'* Province to 
 
 furnish you with transcripts of all such Acts and 
 
 Copies of Acts '' '■ 
 
 and Journals of publick Orders as shall be made from time to time. 
 
 Council to be '■ 
 
 sent. together with a Copy of the Journals of the Couacil. 
 
 And that all such Transcripts and Copies be fairly abstracted in 
 the raar"-ins. To the end the same may be transmitted unto H. 
 M. and to His Comis" for Trade and Plant' as above directed, 
 which he is duly to perform upon pain of incurring the forfeit- 
 ure of his office. 
 
 40. You are to require from the Clerk of the Assembly, or 
 
 other proper officer, transcripts of all Journals and 
 gembir'to^'^be Other proceedings of the said Assembly, and that 
 *^^^- all such Transcripts be fairly abstracted in the 
 
 margin, to the end the same may be in like manner transmitted 
 
EARL\ HISTORY OF SOUTH CAROLINA. 79 
 
 to His Maj*^ and to His Comis" for Trade and Plant' as afore, 
 said. 
 
 41. You shall transmit to H. M. and to Hie Comis" for Trade 
 A Map to be ^nd Plant' by y' first opportunity, a Map with the 
 ^'^^^- exact description of the whole Province under jonr 
 Govern'' with the several Plant' upon it, and of the Fortifica- 
 tions. 
 
 42. You are to transmit unto H. M. and Lo His Comis" for 
 List of Officers Trade and Plant' with all convenient speed, a parti- 
 te be sent, (j^ig^j. Account of all Establishments of Jurisdictions, 
 Courts, Offices and Officers, Powers, Authorities, Fees and 
 Privileges, which shall be granted or settled within the said 
 Province, by virtue and in pursuance of H. M. Comis° and In- 
 struct* to you the s* Captain-Greneral and Gov^in-Chief of the 
 same, to the end you may receive H. M. further directions 
 therein. 
 
 43. You shall send a List of all the Officers, employ"* under 
 Charge of J^^^^ Govcrn'' together with an account of both the 
 Fundrfo?'^ ordinary and extraordinary or Contingent Charges 
 'em to be sent, thereof, and of such funds as are, or shall be settled 
 and appropriated to discharge the same. 
 
 ,44. You shall send an account to H. M. and to His Comis" for 
 Tosendnum- Trade and Plant'' of the present number of Planters 
 ber of planters, ^jjj^ Inhabitants, Men, Women and Children, as well 
 Masters as Servants, free and unfree, and of the slaves in the 
 said Province, as also a yearlj' account of the increase or de- 
 crease of them, and how many of them are fit to bear arms in 
 the Militia of the said Province. 
 
 45. You shall also cause an exact Ace* to be kept of all per- 
 and Bills of ^^^^ born, christn'd and buried, and send yearly 
 Mortality. i"^-^. ^b^tracts thereof to H. M. and his Comis"' for 
 Trade and Plantations as aforesaid. 
 
 46. You shall not displace any of the Judges, Justices, Sher- 
 Nottodis- ifi"s, or other Officers or Ministers within the said 
 place Judges. Province, without good and sufficient cause to be 
 eignify'd unto H. M. and to His Comis" for Trade and Plantat'' 
 and to prevent arbitrary removals of Judges and Justices of 
 the Peace, you shall not express any limitation of time in the 
 Comis""' which you are to grant with the advice and consent of 
 the Council of the e,^ Province to persons fit for those em- 
 
80 EARLY HISTORY OF SOUTH CAROLINA. 
 
 ploym •■ nor shall you execute yourself, or bj' Deputy, any of 
 the 8'' Offices, nor suffer any person to execute more Offices than 
 one by Deputy. 
 
 47. You shall not erect any Coart or Office of Judicature, not 
 Not to erect before erected or established, nor dissolve any Court 
 new ourts. ^^ Office already erected or established, without H. 
 M. especial order. 
 
 48. And you are, with the advice and consent of H. M. s** 
 To regulate Council, to take care to regulate all Salaries and 
 Salaries. Fecs belonging to places or paid upon emergencies, 
 that they be within the bounds of moderation, and that no 
 exaction be made on any occasion whatsoever; as also, that 
 Tables of all Fees be publickly hung up in all places where 
 such Fees are to be paid : And you are to transmit copies of 
 all such Tables of Fees to H. M. and to His Comis" for Trade 
 and Plant' as aforesaid. 
 
 49. Whereas, it is necessary that H. M. rights and dues be 
 
 preserved and recovered, and that speedy and effec- 
 
 CourtofEx- ^ . , . . , . ,, ^ -^ , . 
 
 chequer to be tual lusticc be administered, in all cases relating: to 
 
 called. 
 
 the Revenue you are to take care that a Court of 
 Exchequer be called, and do meet at all such times as shall bo 
 needful, and you are, upon j^our arrival, to inform H. M. and 
 his Comis" for Trade and Plant'- whether H. M. service may 
 require that a constant Court of Exchequer be settled and 
 established there. 
 
 50. You are to take care that no Man's Life, Member, Free- 
 ^., ^ , hold or Goods, be taken away or harmed in the 
 
 Life, &c., uot ' •' 
 
 to be taken but g-J Province, otherwise than by establish"* and 
 
 by knowu laws. •' 
 
 known Laws, not I'epugnant to, but as near as may 
 be agreeable to the Laws of this Kingdom. 
 
 51. You are to take care^that all Writs within the said Pro- 
 KS'sVam?*' vince be issued in H. M. Name. 
 
 52. And, whereas, frequent complaints have been made to H. 
 M. of great delays and undue proceedings in the Courts of 
 
 , . ,, Justice, in several of the Plant', wherebv many of 
 
 Justice not to ' j ., ./ 
 
 be delayed. H. M. subjects have very much suffered and it be- 
 ing of the greatest importance to H. M. service and to the wel- 
 fare of the Plantaf' that Justice be everywhere speedily and 
 duly administred, and that all disorders, delays and other undue 
 practices in the administration thereof be effectually prevented. 
 
EARLY HISTORY OF SOUTH CAROLINA. 81 
 
 II. M. does parlicularly require j'ou to take especial care that, 
 in all Courts where you are authorized to preside, Justice be im- 
 partially administred, and that in all other Courts established 
 within the said Province, all Judges and other persons therein 
 concerned, do likewise perform their several duties without any 
 delay or partiality. 
 
 53. His Majesty does further, by these presents, will and require 
 GovernoV***^ '^ jou to permit appeals to be made, in cases of 
 errors, from the Courts in Carolina unto you, the Gov"" and 
 Council in civil causes, provided the value appealed for do ex- 
 ceed the sum of one hundred pounds sterling, and security be 
 first duly given by the Appellant to answer such charges as 
 shall be awarded, in case the first sentence shall be affirmed ; 
 provided, also, that if any of the said Council shall at that time 
 be Judges of the Court from whence such appeal shall be made 
 to you, H. M. Govern' and Council, or to the Comand''-in- 
 Chief for the time being, and Council, such Councillor or Coun- 
 cillors shall not be admitted to vote upon the said appeal. But 
 he or they may nevertheless be present at the hearing thereof, 
 to give the reasons of the judgment given by him or them in 
 the cause wherein such appeal shall be made. 
 
 54. And, whereas, H. M. judges it necessary, that all his sub- 
 Appeals tothe jects may have liberty to appeal unto himself in 
 ^^"^' cases that may require the same, H. M. will and 
 
 Pleasure, therefore, is that if either party shall not rest satisfy''* 
 with the judgm' or sentence of His Gov'' and Council, they 
 ma}' then appeal unto H. M. in His Privy Council, provided the 
 matter in difference exceed the real value and sum of three hun- 
 dred pounds sterl*, and that such appeal be made within tour- 
 teen days alter sentence, and that security be likewise duly 
 given by the appellant to answer such charges as shall be 
 awarded in case the sentence of the Gov' and Council be af- 
 firmed ; and provided, also, that execution be not suspended by 
 reason of any such appeal unto H. M. 
 
 55. In case any Goods, Mony or other Estate of Pirates, or 
 
 piratically taken, shall be brought in or found within H. M. s*^ 
 
 p. . fp . Province of Carolina, or taken on board any ships 
 
 to be secured, or vessels, you are to cause the same to be seized 
 
 and secured until you shall have given H. M. an account thereof, 
 
 6 
 
82 EARLY HISTORY OF SOUTH CAROLINA. 
 
 and received His pleasure concern^ the disposal of the same 
 But in case such goods, or any part of them, are perishable, the 
 same shall be publiekly sold and disposed of, and the produce 
 thereof in like manner secured until H. M. further order. 
 
 56. Whereas Commissions have been granted unto several 
 persons in the respective Plantations in America for the trying 
 
 Tiyino- of Pi- ^^ P'n'ntes in those Parts, pursuant to the Act for 
 rates. ^hc more effectual suppression of Piracy, you will 
 
 likewise herewith receive a Comis" to the same purpose. And 
 H. M. Will and Pleasure is that in all matters relating to Pirates 
 you govern yourself according to the intent of the said Act 
 and Comis". But, whereas, Accessaries in cases of Piracy beyond 
 the Seas, are by the said Act left to be try'd in England, accord- 
 ing to the Statute of the 28'" of King Henry 8'", you are hereby 
 further directed and required to send all such Accessories in 
 eases of Piracy in the aforesaid Province of Carolina, with the 
 proper evidences that you may have against them, into Gt. 
 , Biitain, in order to there beini]^ try'd here. It is 
 
 Prisoners sent ' a j 
 
 to England. fl. M. further Will and Pleasure that no persons for 
 the future be sent as Prisoners to this Kingdom from the said 
 Province of Carolina without suflScient proof of their crimes, and 
 that proof transmitted along with the said Prisoners. 
 
 57. You are to permit a Liberty of Conscience to all persons, 
 of c Q- (^^*2^P^ Papists,) so they be contented with a quiet 
 
 science. a^d peaceable enjoyment of the same, not giving 
 
 offence or scandal to the Govern'. 
 
 58. You shall take care that all Planters, Inhabit' and Chris- 
 tian Servants be well and fitly provided with Arms, and that 
 
 ^ . ^-^ . they be listed under good officers, and when and as 
 
 Inhabitants to •' & ' 
 
 be armed, often as shall be thought fit, mustred and trained, 
 
 whereby they may be in a better readiness for the defence of 
 the s** Province, and for the greater security thereof You are 
 to appoint fit Officers and Comanders in the several parts of 
 , J. , that Country bordering upon the Indians, who 
 
 and Indian bor- *' . 
 
 aers secured, upon any Invasion may raise Men and Arms to 
 oppose them, until they shall receive your directions therein. 
 
 59. You are to take especial care that neither the frequency 
 nor unreasonableness of remote Marches, Musters, or Trainings, 
 
 bean unnecessary impediment to the affairs of the 
 
 Militia March- •' >■ 
 
 es. Inhabitants. 
 
EAKLY HISTORY OF SOUTH CAROLINA. 83 
 
 60. You shall not, upon any occasion whatsoever, establish or 
 Articles of P"^ ^^ execution any Articles of War or other Law 
 
 ^*''- Martial upon any of H. M. subjects, Inhabitants of 
 
 the said Province, without the advice and consent of H. M. 
 ('Ouncil there. 
 
 61. And, whereas, you will receive from H. M. Comis''' for exe- 
 vic Adm' 1 cuting the Office of High Admiral of Gt. Britain, 
 
 'y- and of y" Plantations a Comis" of Vice-Adm' of 
 
 the said Province of Carolina, you are hereby required and 
 directed carefully to put in execution the several powers thereby 
 granted you. 
 
 62. You shall take an Inventory of all such Arms, Animu- 
 inventory of nition and Stores, as are remaining in any Maga- 
 
 Armstobe. ^, . . , ..t-. • i 
 
 sent home. zincs Or Gramsons in the said Province, and trans- 
 mit the said Account and Inventory, to H. M. and to His 
 Comis"- for Trade and Plantations with all speed, aud the 
 like Inventory, afterwards half yearly, as also. Duplicate thereof 
 to the Master General or Principal Officers of the Ordnance 
 which accounts are to express the particulars of Ordnance, 
 Carriages, Ball, Powder and all other sorts of Arms and Am- 
 unition, in the publick Stores, and so from time to time of 
 what shall be sent to you, or bought with the publick mon^-, 
 and to specify the time of the disposal and the occasion thereof, 
 it being H. M. pleasure, that such accounts be transmitted as 
 afores** every six months, or oftn'r as opportunity shall offer, 
 for H. M. better informt" and Duplicates thereof by the next 
 conveyance. 
 
 63. You are to take especial care that fit storehouses be 
 storehouses for Settled in the Said Province, for receiving and keep- 
 ^^™^' ing of arms, amunition and other publick Stores. 
 
 64. And, whereas, it is absolutely necessary that H. M. be 
 
 exactly informed of the state of defence of all his 
 
 state of de- ^, -^ . . ^ . . ^ j 
 
 fecce to be sent Plantations in America, in every respect, and more 
 °"^' especially with relation to the Forts and Fortificat" 
 
 that are in each Plantation, and what more may be necessary 
 to be built for the defence, and security of the same. You are, 
 as soon as possible after your arrival at Carolina, to prepare an 
 ace'- thereof, with relation to the said Province in the most par- 
 ticular manner, and to transmit the same to II. M. and to His 
 Comis" for Trade and Plant' and the like accounts afterwards 
 yearly. 
 
84 EARLY HISTORY OF SOUTH CAROLINA. 
 
 65. You shall cause a survey to be made, of all the consider- 
 Survey of able landing places and harbours, in the said 
 
 Harbours.Ac. province and with the advice of H. M. Council there 
 erect in any of them, such Fortifications as shall be necessaiy for 
 the security and advantage of the said Province, which shall be 
 done at the Pablick charges, and you are accordingly to move 
 the General Assembly to the passing of such Acts, as may be 
 requisite for the carrying on of that Work, in which H. M. does 
 not doubt of their chearful concurrence, from the common 
 security and benefit they will receive thereby. 
 
 66. And that H. M. may be the better informed of tLe Trade 
 ^ . , of the s** Province, you are to take especial care that 
 
 Entries of ' •' ^ 
 
 Goods, (Jue entries be made in all ports thereof, of all goods 
 
 and commodities, their species and quantities, with the names, 
 burthen and guns of all ships importing and exporting the 
 same, as also the names of their Commanders, and further 
 expressing, from and to what places, the said Ships do come 
 and go, (a Copy whereof, the Naval Officer is to 
 Officers' Ac- furnish you with,) and you are to transmit the 
 
 counts be sent. tt t« «■ ^ . i • /•-< • ,= n i m 
 
 same unto H. M. and to his Comis" or the ireaeury 
 or the High Treasurer of Gt. Britain for the time being, and 
 to His Comis" for Trade and Plant' quarterly, and Duplicates 
 thereof by y® next conveyance. 
 
 67. Whereas, H. M. has been informed that during the late 
 War, intelligence has frequently been had in Prance of the 
 state of the Plantations, by letters from private persons to 
 their Correspondents in Gt. Britain, taken on board ships coming 
 Intelligence ffom the Plantations and carried into France, which 
 Frlnch^obe "^^y be of daugcrous consequence. H. M. Will and 
 prevented, Pleasure, therefore is, that you signify to all Mer- 
 chants and others, that they be very cautious in time of War, 
 in giving any ace' by letters, of the publick state and condition 
 of the said Province of Carolina. And you are further to give 
 directions to all Masters of Ships or other persons to whom 
 you may entrust your letters, that they put such letters into 
 a Bagg, with a sufficient weight to sink the same immediately 
 
 in case of imminent danger from the Enemy. And 
 
 be sunk in you are also to let the Merchants and Planters 
 
 anger, j^j^^^ j^^^ greatly it is for their interest that their 
 
 letters should not fall into the hands of the Enemy ; and, 
 
EARLY HISTORY OF SOUTH CAROLINA. 85 
 
 therefore, that they should give the like orders to the Masters 
 of Ships in relation to their letters. And you are farther to 
 advise all Masters of Ships, that they do sink all letters in case 
 of danger in the manner beforemention'^. 
 
 68. And, Whereas, in the late Wars, the Merchants and 
 
 Planters in the West Indies did corresuond and 
 
 To hinder 
 
 Trade and trade with the French, and carry intelli2;ence to 
 
 Covrespoud'ce •/ o 
 
 with the them to the great preiadice and hazard of the 
 
 French. t-> • • . n.i • \t 
 
 ±5ritish riantations: lou are, therefore, by all pos- 
 sible methods to endeavor to hinder all such Trade and Corres- 
 pondence with the French, whose strength in the West Indies 
 gives very great apprehensions, of the mischiefs that may 
 ensue, if the utmost care be not taken to prevent them. 
 
 69. Whereas, by the 5'" and 6"' Articles of the Treaty of 
 Peace and Neutrality in America, concluded between England 
 
 and Prance the ^^ day of Nov'', 1636, the Subjects, 
 
 Treaty of Neu- -^ , , p J ' 
 
 traijty with Inhabitants, &"■' of each Kingdom are prohibited to 
 
 Francs iii 
 
 America to be trade and fi^^h in all places possessed, or which shall 
 
 observ'd. , i i i i • » . , 
 
 be possessed by the other in America; and, that if 
 any Ship shall be found trading contrary to the said Treaty, 
 upon due proof the said ships shall be confiscated. But, in case 
 the subjects of either King shall be forced by stress of weather, 
 Enemies or other necessity, into the Ports of the other in 
 America, they shall be treated with humanity and kindness, 
 and may provide themselves with victuals and other things 
 necessary for their sustenance, and reparation of their Ships 
 at reasonable rates ; Provided, they do not break bulk nor 
 carry any goods out of their ships exposing them to sale ; nor 
 receive any merchandize on board, under penalty of confiscatio,n 
 of Ship and Goods, Notwithstand^ which Treaty, H. M. is 
 given to understand that an illegal Trade has been carried on 
 between the British Plantat' and the French Settlements in 
 America on pretence that there is no Law in force against the 
 Trade, It is, therefore, H. M. Will and Pleasure, that you 
 signify to all his Subjects under your Govern', the purport and 
 intent of the above s"* two Articles, and that you take particular 
 care that the same be punctually observed and put in execu- 
 tion, and that no Illegal Trade be carried on between H, M. 
 Subjects in Carolina and the French Settlements by any of H. 
 M. Ships of War attending that Province, or by any other 
 
86 EARLY HISTORY OF SOUTH CAROLINA. 
 
 British Ships ; as likewise, that none of the French Subjects be 
 allowed to trade from their said settlements to Carolina. 
 
 70. You are from time to time to give an account as before 
 To give acct ^i^^cted, what 8trena;th your bordering ISTeigh- 
 
 hL ""weT h'bors^ ^^^'^ ^^^® C^® ^^^y Indians or others) by sea and 
 land, and of the condition of their Plantat", and 
 what correspondence you do keep with them. 
 
 71. And, whereas, there is great reason to believe that the 
 
 Indians on the Frontiers of Carolina, who have of 
 done to the In- lato years fallen off from the British Interest there, 
 
 tiiaua. 11- 1,1 
 
 have been, in some measure, provoked thereunto 
 by the injustice or ill usage which they have received from H. 
 M. Subjects in your Govern*' and it being highly necessary for 
 the welfare of Carolina, that a good understanding should be 
 maintained with the said Indian Nations, as well for the pro- 
 To gain their "^o^ing of Trade as for the security of the Fron- 
 affeetions. tiers of your Govern*' you are hereby particularly 
 
 enjoined to use all possible waAS and means for regaining the 
 affections of the said Indians and to preserve a good corres- 
 pondence with such of them as remain faithful to H. M. interest, 
 but especially with the Cherrikee Indians, inhabiting the moun- 
 tains on the North West Side of the said Province of South 
 Carolina, and you are likewise hereby directed to recommend 
 in the strongest terms to the Indian Traders, to be just and 
 reasonable in their dealings with the Native Indians, and like- 
 Indian trade ^'^® ^^ propose to the A.ssembly, if you and His 
 to be regulated. JVJa*^ Council shall judge it necessary to pass one or 
 more Laws for the better regulation of the s** Indian Trade, and 
 for the incouragement and protection of such Indians as shall 
 adhere to His Maj'^" interest. 
 
 72. You shall take especial care that God Almighty be de- 
 
 voutly and duly served throughout your Govern*. 
 
 Church. -^ -^ , 
 
 the Book of Common Prayer, as by law established, 
 read each Sunday and Holiday, and the blessed Sacraments ad- 
 ministered, according to the rites of the Church of England. 
 
 73. You shall take care that the Churches already there, be 
 well and orderly kept, and that more be built, as the Province 
 
 shall, by God's blessing, be improved, and that be- 
 
 Parsons. . 
 
 Sides a competent maintenance to be assigned to 
 the Minister of each Orthodox Church, a convenient House be 
 
EARLY HISTORY OF SOUTH CAROLINA. 87 
 
 built at the common charge for each Minister and a competent 
 proportion of Glebe assigned him. 
 
 74. And you are to take care that the Parishes be so bounded 
 Parishes ^"^ Settled as you shall find most convenient for 
 
 bouuded. accomplishing this good work. 
 
 75. You are not to prefer any Minister to any Ecclesiastical 
 Benefice in that Province without a certficate from the 
 
 Eight Keverend Father, in God, the Lord Bishop 
 
 Bishops to__, , T-.-1 r^i-i 
 
 certify Parsons 01 Liondon, OT some Other Bishop, of his being 
 conformable to the doctrine and discipline of the 
 Church of England and of a good life and conversation, 
 and if any person preferred already to a Benefice shall 
 appear to you to give scandal, either b}' his doctrine or 
 manners, you are to use the proper and usual means for the re- 
 moval of him and to supply the vacancy in such manner as His 
 Ma'-'' has directed. 
 
 76. You are to give orders forthwith (if the same be not al- 
 
 ready done) that every Orthodox Minister within 
 Parsons to he your Govcm' be one of the Vestry in his respec- 
 
 Vcstrv JM6I1. 
 
 tive Parish, and that no Vestry be held without 
 him, except in case of sickness, or that after notice of a Vestry 
 summoned he omit to come. 
 
 77. You ave to enquire whether there be any Minister within 
 
 your Govern' who preaches and administers the 
 ficiating withi Sacramcnt in any Orthodox Church or Chappel 
 icenoe. without being due Orders, and to give an account 
 thereof to the Lord Bishop of London. 
 
 78. And to y" end the ecclesiastical Jurisdiction of the Lord 
 
 Bishop of London may take place in that Province 
 
 Bishop of . I TT -» r 1 • 1 r> 1 
 
 London's Juris- 80 far as Conveniently may be, Jl. M. thinks nt that 
 
 dict'n. .11 1 ,1 
 
 you give all countenance and encouragement to the 
 exercise of the same, excepting only the collating to Benefices, 
 granting licenses for Marriages and Probates of Wills, which H. 
 M. has reserved to you and to the Comand''-in-Chief of the said 
 Province for the time being, as far as by law he may. 
 
 79. And H. M. does further direct that no Schoolmaster be 
 ^ , henceforward permitted to come from this King- 
 
 Sohoolmasters "^ . 
 
 to be licensed, doui, and to keep school in that Province, without 
 the license of the said Lord Bishop of London, but when such 
 persons so qualifyed as above shall be wanted for the promotion 
 
ob EARLY HISTORY OF SOUTH CAROLINA. 
 
 of learning and good education, you may yonrpelf license such 
 other persons as you shall think qualify ■* for such employments, 
 and that no other person now there or that shall come from 
 other parts, shall be admitted to keep school in Carolina without 
 3'our license first obtained. 
 
 80. And you are to take especial care, that a Table of Mar- 
 Tabie of Mar- '"'^o^^j establish'^ by the Cannons of the Church of 
 
 nages. England, be hung up in every Orthodox Church and 
 
 duly observed ; and j'ou are to endeavor to get a Law passed in 
 the Assembly of that Province (if not already done) for the 
 strict observation of the said Table. 
 
 81. You are to take care that Drunkenness and Debauchery, 
 
 Swearing and Blasphemy be discountenanced and 
 
 Drunkenness • i i ^ n i n 
 
 to be discount- punished ; and for the further discountenance of 
 
 tenanced. ' n • i i. • 
 
 Vice and encouragem' of virtue and good living, 
 (that by such example, the Infidels may be invited and desire 
 to embrace the Christian Eeligion,) j'ou are not to admit any per- 
 son to public trusts, and employments in the Province under your 
 Govern' whose ill fame and conversation may occasion scandal. 
 
 82. You are to suppress the engrossing of Commodities as 
 
 tending to the prejudice of that freedome which 
 
 Commodities i i i i j i 
 
 not to be en- commcrcc and trade ought to have, and to settle 
 giosse . ^^^j^ Orders and Regulations therein, with y° advice 
 
 of the Council as may be most acceptable to the generality of 
 the Inhabit'- 
 
 83. You are to give all due encouragement and invitation to 
 Merchants and others who shall bring trade unto the said Prov- 
 ince, or any way contribute to the advantage 
 
 'i'o encourage ' j j i-, i a /■ • 
 
 Merchants. thereof, and in particular to the Royal African 
 Company. 
 
 84. And as H. M.. is willing to recommend unto the s'* Compa- 
 
 ny that the said Province may have a constant and 
 be^duiTmade sufiicient supply of merchantable Negroes at mode- 
 for Negroes. ^^^^ rates, in Mony or Commodities, so you are to 
 take especial care that payment be duly made and within a 
 competent time according to their agreement. 
 
 85. And, whereas, thes* Company have frequently great sums 
 of mony owing to them in the Plantations in America, they 
 
 have been much hindered in the recovery of their 
 qu'^^t c'omts'ol- just dcbts there, and discouraged in their Trade by 
 Justice. ^^^j^, ^QQ frequent adjournment of Courts, and it 
 
EARLY HISTORY OF SOUTH CAROLINA. 89 
 
 being absolutely necessary that all obstructions in the course of 
 Justice be effectually removed, You are to take care that Courts 
 of Justice be duly and frequentl}' held in the said Province of 
 Carolina under your Govern', so that all H. M, subjects in the 
 said Province, and particularly the Royal African Company and 
 others trading to Africa, may enjoy the Benefit thereof, and not 
 to receive any undue hindrance in the recovery of their just 
 debts. 
 
 86. And you are further expressly commanded and required 
 
 to give unto H. M. and to the Comis''' for Trade and 
 counts of Ke- Plant' an acco' every half year of what number of 
 groesimpor et . j^^.gj,^^,^ ^^g j^^^jj Pi-Qvince is supplyed with, that is 
 
 what number by the African Comp'', and what by separate 
 Traders, and at what rates sold. 
 
 87. You are likewise, from time to time, to give unto H. M. 
 
 and to the Comis" for Trade and Plant' as afore- 
 
 To give accts. ., r. ,. , ijr-.i-iL 
 
 of wants of the Said an account of the wants and defects or the 
 said Province, what are the chief products thereof, 
 what new improvements are made therein by ths industry of 
 the Inhabitants or Planters, and what further improvements 
 you conceive may be made or advantages gained by*Trade, and 
 which way H. M, may contribute thereunto. 
 
 88. You are not to grant Commissions of Marque or Reprisals 
 . . atrainst any Prince or State or their Subjects in 
 
 Commissions o J >> 
 
 of iviarque. amity with H. M., to any person whatsoever, with- 
 out H. M. special command. 
 
 89. Whereas great inconveniences do happen by Merchant 
 Ships and other Vessels in the Plantat' wearing the Colors born 
 
 What Ha sto ^^ ^' ^^' ^^^V^ °^ \YsiV, under pretence of Commis" 
 be used. granted to them by the Gov'' of the said Plaiitat", 
 
 and that by trading under those Colors not only amongst H. M. 
 subjects, but also those of other Princes and States, and comit- 
 ing divers Irregularities, they do very much dishonor H. M. 
 service, for prevention whereof you are to oblige the Command- 
 ers of all ships to which you shall grant Comis"' to wear no 
 other Jack than according to the sample here described, that is 
 to say, such as is worn by H. M. Ships of War, with the distinc- 
 tion of a White Escutcheon in the middle thereof; and that the 
 mark of distinct" may extend itself to one-half of the depth of 
 the Jack and one-third of tbefiy thereof. 
 
90 EARLY HISTORY OP SOUTH CAROLINA. 
 
 90. And, whereas, there has been great Irregularities in the 
 comiss'nsto manner of granting Comib* in the Plantations to 
 Privateers. private Ships of War, You are to govern yourself 
 according to the Comis" and Instructions granted in this King- 
 dom, Copies whereof will be herewith delivered you. 
 
 91. In case of any distress of any other of H. M. Plant'' you 
 To assist his shall, upon application of the respective Gov"^ thereof 
 Neighbors. ^^ ^^^^^ assist them with what aid the condition and 
 safety of the Province under your Govern' can spare. 
 
 92. You are to endeavor to get a Law passed, (if not already 
 
 done,) for the restraining of any Inhuman severity, 
 inhuman'^ which by ill Masters or Overseers may be used 
 
 towards their Christian servants or their slaves, and 
 that provision be made therein, that the wilful killing of In- 
 dians and negroes may be punished with death, and that a fit 
 penalty be imposed for the maiming of them ; And you are 
 andCouvert also, with the assistance of the Council and Assem- 
 Negroes. ^^^^ ^^ g^^^ ^^^^ ^j^g j^^^^ means to facilitate and 
 
 encourage the conversion of Negroes and Indians to the Chris- 
 tian Eeligion. 
 
 93. You tire to endeavor to get an Act passed, (if not already 
 Bankrupts in donc,) whereby the Creditors of persons becoming 
 England. Bankrupts in this Kingdom, and having Estates in 
 Carolina, may be relieved and satisfied for the debts owing to 
 them. 
 
 94. If H. M. shall judge it necessary for His service to ap- 
 
 point a Lieut.-Gov' of IS"- Carolina, You are hereby 
 
 Govern'rof • i . • i • .i ^- c 
 
 North Caro- required to give hira an authentic copy or your 
 Instructionfi, whereby he will conduct himself in the 
 Govern' of that Province, and he will be directed by his Comis° 
 to obey such orders as he shall from time to time receive from 
 3'ou for H. M. service. 
 
 95. If anything shall happen that may be of advantage 
 
 and security to H. M. said Province, which is not 
 
 In cases not '' 
 
 before provi- herein or bv vour Comis" provided for, H. M. does 
 
 dedfor toact , , ,, • , , ', • ' 
 
 by advice of hereby allow unto you, with the advice and consent 
 
 Council. '' , n , • 
 
 of the Council, to take order for the present therein, 
 giving to II. M., by one of His Principal Secretaries of State, 
 and to His afores'^ Comis" for Trade and Plant'- speedy notice 
 thereof, that you may receive H. M. ratification, if he shall 
 
EARLY HISTORY OF SOUTH CAROLINA. 91 
 
 approve of the same : Provided always, that you do not by color 
 of any power or authority hereby given you, commence or 
 declare War without H. M. knowledge and particular commands 
 therein, except it be against Indians, upon emergencies wherein 
 the consent of H. M. Council shall be had, and speedy notice 
 given thereof unto H. M. as aforesaid. 
 
 96. And you are, upon all occasions, to send unto H. M., and 
 Send Aoco't to his Commissioners for Trade and Plantations, a 
 
 of hi? proceed- .- i ^ p n j- i c 
 
 ings toaSecre-Pf^i'ticular account 01 all your proceedings, and or 
 ary o . tate. ^j_^^ condition of affairs within your Government. 
 
 Proprieties B. 
 
 APPENDIX.— No. XII. 
 
 (Indorsed.) 
 
 Letter from Col. Johnson, Gov'' of Carolina, to the 
 
 T., Vol. 10, Board, dated 12 January, 1719-'20. 
 
 (4. 201. ' '' ' 
 
 statePaper £ec^ April 29, 1720. Eead 3 May, 1720. 
 
 OfBce. ' ' ' 
 
 Charles Town, South Carolina, Jan^ 12th, 1719. 
 
 3fy Lords : 
 
 As to the Queries you would be informed off, from the best 
 Inquiries I can make, and ray own experience, I answer as 
 follows : 
 
 Of the present state of the Province of Carolina. 
 
 Answer. As to this Qucrie 1 must referr yo'' Lordi'Ho the Let- 
 ters and Papers I and the Council have sent the Lords Prop" of 
 the steps and proceedings of the people, in order to throw of 
 thePropriet" Governm' and pat themselves under the emediate 
 Goverm' of his Majesty. 
 
 What number of inhabitants there is, how that 
 
 2d Querie. ... , i j j^ i ^ j 
 
 number is increased or decreased oi late years, and 
 what is the number of the Militia, what Forts or places of de- 
 fence are there in the Province, and in what condition are those 
 Forts. 
 
 'Tis computed by the Muster Rolls and other obser- 
 vations, that at present we may have about 1,600 
 fighting men, from 16 to 60 years of age, every body in the 
 
92 EARLY HISTORY OF SOUTH CAROLINA. 
 
 Province within that age being inlisted, and obliged to bear 
 arms, and by the comon computacion of 4 persons in each 
 Family. The whole of the whites are 6,400 ; 'tis bleived that 
 since the Indian Warr, which broke out in April, 1715, we are 
 increased about 100 Inhabitants, we having lost about 400 in 
 the Warr, and have had the accession of about 500 from Eng- 
 land, Ireland and other places; since y'^ Indian Warr the 
 Province has been obliged to maintain the following Garrisons 
 upon y*' Out Skirts of the Province, to awe the Indians and pre- 
 vent their comeing within us, and to inspect y" better what 
 their designs are, and to secure our people and goods whilst we 
 trade with them (Viz') at the Congares lying about 130 miles 
 north from Charles Towne, a Capt" and 20 men ; about 40 miles 
 from thence westward, and about 140 miles from Charles Town, 
 the Savana Garrison, a Capt" and 20 men ; upon Port Eoyal 
 Island to watch the Inland water passage from St. Augustine, 
 and to prevent our white people and slaves from deserting and 
 going thither, two scout boats of 10 men each, who have small 
 Forts to retreat to and secure themselves; In Johnson's Fort, 
 upon James Island, about a league from Charles Town, which- 
 comaiids the ships comeing up y^ Bay to Charles Townf>, a 
 Capt", Lieuten' and 12 men ; all these men ai*e p'^ by the Pub- 
 lick. The Forts are not strong, except Johnson's Fort, which 
 is a regular tryangle with draw-bridges, a dry ditch and a plat- 
 form below of about 12 guns of 12 pound ball, and abo' 10 from 
 6 to 9 pounders in the upper works. The I'est of the forts are 
 sufficient to withstand Indians, who know nothing of beseiging 
 or will fight against walls. Charles Towne was formerly in my 
 father's Governmn' was enclosed with a regular fortification, 
 but in the year 1713, by a violent Hurricane, were all thrown 
 down and ruined, and the Indian Warr which broke out two 
 years afterwards involved us in soe deep a debt that we have 
 not been able since to rebuild them, but at present are putting 
 ourselves into such a posture of defence as our present circum- 
 stances will allow off. 
 
 What is the strength of the severall Nations of 
 Indians in the neighborhood of Carolina, and are 
 their inclinations for us or for the French or Spaniards. 
 
 Bv the within Account of the number of Indians 
 
 Answer. " n i i /^ i • • 
 
 subject to y* Govcrnm' of South Cai'oliua ]n y'ycar 
 
EARLY HISTORY OP SOUTH CAROLINA. 93 
 
 1715, Yo'' LordP' will finde upwards of eiglit and twenty 
 thousand souls, of which there was nine thousand men which 
 traded for above £10,000 sterling yearly in cloth, guns, powder, 
 bullets and iron ware, and made returns in Buck Skins, 
 Doe Skin^, Furs and other Peltry, and there was one way or 
 other near 200 English Indian Traders imployed as Factors by 
 y'' Merchants of Carolina amongst them ; but in y* said Year 
 1715 most of them rose in rebellion and murdered y^ said Tra- 
 ders and severall of the Planters and their Famileys, that lay 
 most exposed to them. But before the end of y* said Year we 
 recoverd the Cherokees and the northward Indians, after seve- 
 rall siaughteis and blood sheddings, which has lessened their 
 numbers and utterly exterpating some little Tribes, as the Con- 
 garees, Santees, Sea wees, Pedees, Waxaw8,and some Cors-aboys, 
 80 that by Warr, Pestilence, and Civill Warr amongst them- 
 selves, the Charokees may be computed reduced to ab' 10,000 
 souls, and the Northern Indians to 2,500 souls. At the same 
 time the fate of our Southern and Western Indians was quite 
 turned to our disadvantage, for as soon as y'^ Albamas had mur- 
 dered our Facter, the French emediately tooke possession of our 
 place and built a fort by the name of Thoulose at the Albamons, 
 thereby encroaching upon us and takeing the trade of the Chieke- 
 saws, Albamas and a great part of the Tallaboosees Abikaws, 
 which will make nere 6 or 7,000 souls. The Spaniards built a 
 fort at Apalatchee and has taken the Apalatchees and the most 
 desperate Creek Indians from us, and the Yamasees removed to 
 St. Augustine, from whence they still continue their depreda- 
 dations. As for the Creeks they are situated now in the raid- 
 way between us, the French and the Spaniard, and deals wiih 
 those that gives them most affecting a newtrallity, yet makeing 
 their advantages of the differences happening between the Euro- 
 pean Nations, so we may safely conclude that we have not above 
 half of the Trade and number of Indians subject to this Gov- 
 ornm' as we had 1715. 
 
94 
 
 EARLY HISTORY OF SOUTH CAROLINA. 
 
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EARLY HISTORY OF SOUTH CAROLINA. 95 
 
 4thQuerie. What is the Conditoii of the Spanish Settlement at 
 St. Augustine. What advantage might it be to the Governm' 
 of Carolina to have this place taken from the Spaniards an- 
 nexed, and by what means this might be most easily accom- 
 plished. 
 
 Answer. St. Augustine is y" only Town the Spaniards are pos- 
 sest of in Florida, and is scituated in the latitude of 29 degrees 
 and fifty-five minutes Nortb, and about one hundred and fifty 
 miles from Port Royal in So. Carolina. It is a Garrison con- 
 taining three hundred soldiers under pay, and about one hun- 
 dred Farailys of Inhabitants, that make near one hundred more 
 men besides women and children, whose chief support depends 
 on y^ expence and pay of the Soldiers. Out of this number 
 they made a Troope of about 40 Horse, and in and about the 
 place, in 4 or 5 villages, they have 3 or 4 hundred Indian men, 
 most of w"" are Yamassees that lately committed y' barbarous 
 massacre on his Maj"''' subjects of Carolina, and still continue - 
 (even during y*' Peace with Spain by connivances of y* Span- 
 iards) their depredations and murders upon the English. Be- 
 sides these Indians they have in subjection a great number of 
 barbarous Indians along the coast of Florida, who ever}' now 
 and then inhumanly massacre all the Cast away or Ship wract 
 English that often are cast amongst them comeing thro' the 
 Gulf of Florida. 1 The Spaniards of St. Augustine drive a trade"^ 
 with the Indians of Florida for ambergrise and wracked goods, ' 
 and with y^ other Indians for peltry. The place being only a 
 Garrison there is but small Trade there, what they formerly 
 sent to the Havana was hides, Tallow and the rows of fish, es- 
 pecially Mullets, salted. The Country produces, Pitch aud Tarr, 
 Avhich by y^ help of the Negroes plundered by the Indians from 
 Carolina, and bought by y* Spaniards, thej' begin to make a 
 trade on to our great detrement. 
 
 In the open Field there is orringe Trees, and in St. Augus- 
 tine LemmOB- -Trees, Citron Trees, Lime Trees, besides Peaches, 
 Figgs, Pomgranaies and some Olive Trees — they are not suf- [ 
 fered to propogate the Olive Trees. ■ — 
 
 The Country is capable of a great many improvements, but y* 
 place being as I said, a Garrison and y^ soldiers very raw, lazy 
 fellows, being Banditti banished from New Spain for crimes 
 committed there, no great matter can be expected from them. 
 
96 EARLY HISTORY OF SOUTH CAROLINA, 
 
 The Town is unfortified, containing about 200 Houses, and has 
 a Convent of Franciscan Fryers, with two more Churches, some 
 built with timber some with stone. 
 
 Tt is guarded by a small Fort with four Bastions built with 
 stone and regularly fortified. The Curtains has no room for 
 Canon, but there are fifty pieces mounted on the Bastions ; the 
 Ditch is dry, but they can let the sea in at high water ; the 
 walls are about 28 or 30 foot high, for which reason the Artillery 
 can do no execution when people are entrenched within 50 or 
 60 paces of the Fort, for they can't bring their Guns to bear. 
 The outer square of the Fort from the point of the Bastion to 
 Bastion, docs not exceed 500 feet, and the Inward open place 
 not built upon to be less then 100 feet square, for which reason 
 a bomb would make great execution, when besides Indians there 
 can be little less then 1,000 souls confined in a siege in that com- 
 pass. Their Magazine and storehouse are built along the Cur- 
 tains, and are bomb proof The stone of the Castle lookes like 
 freestone, but I judge much better for fortification. It will not 
 splenter, but give way to cannon ball as tho' would stick a 
 knife into a cheese. The ground round it is proper for In- 
 trenchmentsor makeing approches, it being light without stones. 
 The reason the Spaniards give for maintaining this place are 
 y* they keep it as a Barrier to prevent the English from en- 
 croaching any farther into Florida, and to keep possession of 
 that country for his Catholick Majesty; 2"'*'^' They say that the 
 Roman Church is at one-half of the expence in order to protect 
 their missiouarys that are sent to convert the Indians, and lastly 
 that they might relieve from therice such Spaniards as shall be 
 either cast away or in distress comeing thro' the Gulf. There is 
 but a very shallow barr going into St. Augustine and most and 
 end the Sea breaks quite a cross it, there being scarce 5 feet 
 water at low water, and the tyde rises not above 6 feet more 
 except on a Spring, with an Easterly winde, when there may 
 be about 12 feet, so they are forced to load and unload any Ves- 
 sell of burthen without the Barr in the oppen sea. There are 
 o-ood Pj^lotes in Charles Towney' can cary in Sloopes. At St. 
 Johns, about 12 leagues to the North of St. Augustine, is a good 
 harbour, where is 17 feet water, but y* channell is narrow. 
 
 The Spaniards at St. Augustine haveing encouraged the In- 
 dians under their Governm' to come and murder and plunder 
 
EARLY HISTORY OF SOUTH CAROLINA. 97 
 
 bis Maj" Subjects in Carolina and tberaselves barbouring Eeb- 
 bells, Fellons, Debters, Servants and Xegro Slaves, putting tbis 
 Governm' under a necessity of keeping a Force and some thou- 
 sand pounds yearly charge to guard y" Frontiers, even in time 
 of peace, there is an absolute necessity for ustoexpell them out 
 of St. Augustine, we should soon reap y" benefit of it by enlarg- 
 ing y' Trade of y* Collony by so many hands now idell and 
 maintained by the rest, that could follow their work, and a 
 number more would flock into us who are deter'd by the dread 
 this sculking Warr brings with it and even our own Indians 
 wou'd be less insolent and more obedient to us who we are 
 forced to court least they should revolt. Four or five hundred 
 men to joyne w'' forces Carolina cou'd make with a bomb ketch 
 eome battering cannon and other warlike stores in proportion 
 would easily efoct y'' conquest of this place and would be under- 
 taken with alacrity by the People of this Province. 
 
 sQuerie. How the French Settlements on the Eiver Missis- 
 sippi may affect the people of Carolina whether they have seized 
 the Fort of Pancicola belonging to y^ Spaniards, and what can 
 be done to prevent any hazard or inconveniences Carolina may 
 be exposed to from those Settlements. 
 
 Answer. 'Tis without dispute that the French are very strong 
 there, by all accounts they are already not less then five or six 
 thousand fighting men and more are dayly sent over from 
 France with a designe to make a very considerable Settlement 
 there, they have likewise a Fort at the Holbamas, a nation of 
 Indians that we used to trade with, which lies within y' limits of 
 the charter of this Governm* comanded by a Capt., Lieut, and 
 Ensign with 40 soldiers in the King of Finance's pay where they 
 dayly encroch upon us and draw away our Indians. These 
 great preparacons of aetling the Missisipi cannot but very much 
 alarm all y* Continent of America, and especially Carolina, that 
 lies soe near them for even in time of Peace they underhand 
 incence y* Indians against us and iucourage them to make in- 
 roads upon us to the great damage and hasard of our utmost 
 Settlements but if there should ever be a Warr between the 
 Crowns of France and England this Province would fall an easy 
 prey to them and very probably Virginia, New York, and other 
 Plantations to which this Colony is a Frontier, would feel the 
 efects of the French growing so powerfuU in America. The 
 7 
 
98 EARLY HISTORY OF SOUTH CAROLINA. 
 
 French have seized the fort of Pancicola and are now in pos- 
 session thereof, they are not a little glad of haveing secured 
 80 good a Port or Haven near their intended Settlement; an 
 officer that is now here sent to me with letters from Mons"' 
 Bienville, Govern"' of Moville, about some French deserters, in- 
 forms me that thej^ are about makeing another Fort among our 
 Indians above one hundred miles nearer to us and thus will 
 keep encroaching upon us from time to time if not prevented, 
 the manner of w"*" y" Lordships can best judge, it being out of 
 our power to put any stop thereto. 
 
 What Trade is there in that Province, by exporta- 
 
 6 Querie. .. . ,. , , . -, ^ x-' i 
 
 tion or importation, how, and in what particulars 
 is the Trade thereof increased or decreased of late years, and 
 what hath been y" reason of such Encrease or Decay. 
 
 The bulk of the Trade of this Province, is carried 
 on from Great Britian, from whence come here, 
 generally one j^ear with the other, iibout sixty ships with sun- 
 dry British and other Manufactories, which return thither 
 directly loaden from hence, with some Deare Skins, Rice, Pitch 
 and Tarr, dying Wood, &"., as the Bounty Money granted by 
 Act of Parliament of Great Britain, for the importing Pitch, 
 Tarr, Masts and other Navell Stores, has been of great incour- 
 agemen* to the Plantations in general, to export Navell Stores, 
 so this Plantation in perticular, has sui'passed all America 
 besides, in supplying Great Britain, accordingly with great 
 quantities of Pitch and Tarr. There have been exported in one 
 3'ear, by computation above fifty thousand barrells of both, 
 which great exports of Navell Stores, not only have occasioned 
 y ® greater consumption of British Manufactories, but incouraged 
 y^ Merchants abroad, to import into this Province,great numbers 
 of Negroe Slaves from Africa, and brought a great concourse of 
 Ships to this Port, to load our bulky Commodities. Wee reckon 
 we likewise load for sundry of the American Plantacions, about 
 80 Yessells more, with rice, beef, pork, leather, boards, cedar 
 and other lumber, pitch and Tarr. Whence we import Bread, 
 Flower, Bear, Cj'der, Fish and other Provisions (,) from the 
 Northern Plantacons (;) and Negro Slaves. Eum, Sugar, mollos- 
 ses Cotton, &"• from the Southern Plantations. To this bounty 
 money was chiefly atribute the cause of our Trades increasing 
 very considerably, within these ten years our Planters have- 
 
EARLY HISTORY OF SOUTH CAROLINA. 99 
 
 ing by means thereof, been so enriched as to purchase great 
 numbers of Negroes Shives, the labour of which has incredibly- 
 increased the produce and manufacture of this Province, 
 which being very bulkey and cumbersome, as before menciohd, 
 requires a great number of ships to cary it off. Our Trade has 
 within this 3 or 4 years, met with some check, by reason of our 
 Country Bills of Credit, which being stamped and declared 
 current in all paym'' and no fund for the paym' of them came 
 almost to be of no value, to the manifest injury of tho.se, who 
 were obliged to receive them in satisfaction of debts contracted 
 a long while before they were made. Severall considerable mer- 
 chants ID England, haveing thereby received a great prejudice 
 have entirely dropt this Trade to y*" deminishing thereof. Another 
 cause why our Trade at present must decay, is, the little de- 
 mand of our Navell Stores, viz: Pitch, Tarr and Turpintine 
 in Great Britain, and if the bounty money should be taken of, 
 or when y^ Act is expired and not renewed, One third of the ship- 
 ping that comes here, will be more than sufficient to export our 
 produce, and severall who have great numbers of Negroes, will 
 hardly finde work to employ them ; we making already yearly 
 as much rise as we can finde well a vent for, amounting to 
 about 14,000 Barrells, each containing about 350R) neat. Our 
 Tarr lies under a disreputacion of not being so good, as East 
 Country Tarr, but am satisfied it is mostly owing to y*" interest 
 the East Country merchants have with y" Eopemakers, who being 
 obliged to buy there hemp of them, will not lett them have it, 
 without they will give them their price for their Tarr also, and 
 oblige them to give it a good name and decry ours. Hemp 
 grows here very well, but is not as yet propagated, for want of 
 people, who understands y" husbandry of it. — 
 
 What number of Ships or other Vessels are there 
 belonging to the Province, where built, what num- 
 ber of Sea farcing men, what manufactories are settled there, 
 of any sorts whatsoever. 
 
 Answer. The number of Vessells belonging to this Port is 
 
 not great, we reckon there may be about twenty, and they 
 generally but small, as most proper for our American trade 
 amongst our selves ; some built here, some in y" northern plan- 
 tations, purshased by the Merchants here. Wee are'come to no 
 great matter of building here, for want of persons who under- 
 
100 EARLY HISTORY OF SOUTH CAROLINA. 
 
 take it, the' no Country in the World is more plentifully sup- 
 plyed with timber for that purpose, and well stored with 
 convenient Rivers. As for seafareing men, few or none reside 
 here; they always belonging to the severall ships that come 
 here. We reckon we may have in February and y' beginning 
 of March, y^ time y' the greatest number of ships are here, 
 nere 500 seafareing men, but in y^ sumer we have but few 
 Vessells in Port. Our chief Manufactories, or our Staple are 
 Kice, Pitch and Tarr, wherewith our British Ships load home 
 w"" some skins. We formerly made considerable quantities of 
 raw silk w"" was esteemed in England better than that w"" 
 came from y" Streights, but the price of negroes daily en- 
 hancing, and work in general growing deare, we were forced to 
 quit it to go upon }'" other comodities, which we found to yield 
 y* Planters more proflSt ; if encouragement were given, very 
 large quantities of very good might be made here for the fu- 
 ture. We formerly made, likewise, good Indigo, but there has 
 been none of this growth exported these severall years, being 
 wholly laid aside, severall usefuU manufacteries might be gon 
 upon in this Province to good advantage, but our planters ap- 
 plying themselves almost wholly to the making rice, pitch and 
 tarr, they do not think thereof. 
 
 My Lords : 
 
 The foregoing queries have been in my hands 3 or 4 months, 
 but y"' continuall alarms we have had and distractions amongst 
 our People, which has at last ended in throwing of all obedience 
 to Prop'^ Govern' has prevented my making y*" necessary en- 
 quiries about them as soon as I otherwise should have done, 
 w"" I hope your Lord^' will excuse. 1 send yo' Lordf" an ac- 
 count of a small Expedicon I sent out against the Spanish In- 
 dians liveing under the protection of St. Augustine, who had 
 just before surprised and killed 3 or 4 of our People and carried 
 away as many Prisoners, as also y* examinacion of a Spanish 
 Prisoner taken in that expedition. 
 I am with y'' greatest submission and respect, 
 Your Lord"" 
 
 Most faithful and 
 
 Devoted humble servant, 
 
 ROBT. JOHNSON. 
 
EARLY HISTORY OF SOUTH CAROLINA. 101 
 
 APPENDIX.— No. XIII. 
 
 [INCLOSURB.] 
 
 Proprieties B ^^ aoswer to the Queries sent by the Hon"'" the 
 
 J; yoijo, 2204. Lords Uommissioners of Trade and Plantations re- 
 state Paper 
 
 Office- lating to the State of South Carolina. 
 
 To the first Query concerning the present state of Carolina : 
 
 Answer. South Carolina is scituated in a most pleasant 
 
 and agreeable climate and productive of whatsoever is necessary 
 for the life of man, yet it is but thinly inhabited in proportion 
 to the rest of his Majesty's Colonys on the Main Land of 
 America. By reason it is the frontier of the British Empire on 
 the said Main to the South and West, and exposed to the incur- 
 sions of the French and Spaniards and barbarous Indian Sav- 
 ages, but more especially because of the ill Polity of its Govern- 
 ment under Proprietors who, by reason of their supine negli- 
 gence and their disorderly and confused Administration of the 
 publick affairs and their inhability to protect the inhabitants 
 from the insults of their enemies, have put the same in the 
 utmost confusion, soe that his Majesties subjects are neither 
 safe in their lives, liberties or estates which not only prevents 
 an increase of people to come to reinforce this frontier, but 
 obleidges many daily to quit and desert the same, and there is 
 noe means left to prevent this Colony from sinking into utter 
 ruin but his Majesties taking the same forthwith into his ime- 
 diate Protection. 
 
 To the second Query concerning the Number of People and 
 strength of Carolina, what Forts and Places of Defence are 
 there, and in what condition are those Forts. 
 
 Answer. The number of white people are about nine thou- 
 
 sand souls, and as all males from the age of sixten to sixty 
 are obliged to appear in the Militia, that number does not exceed 
 two thousand men, who are generally expert in the use of 
 armes, excellent marksmen, and by their often engageing with 
 Indians, Spaniai'ds and French are become bold, active, good 
 woodsmen, and enured to toil and labour, but the Settlement 
 lying scatter'^ along the Sea Coast for one hundred and fifty 
 miles, makes it diflicult and expensive to gett a number into 
 a body upon any sudden invasion or incursion. 
 
 For the reasons given in the first answer, this number began 
 
102 EARLY HISTORY OP SOUTH CAROLINA. 
 
 to decrease till some stop was put thereto by the present mea- 
 sures. 
 
 Charles Town is the only Town and Port in the Province 
 whose Fortifications being much damaged by storms, and the 
 great guns dismounted, and everything relateing to the preserva- 
 tion of the Government wholy abandoned to negligence and 
 confusion, and the Inhabitants finding themselves disappointed 
 (by the Evil Ministry of the Proprietors) of the several methods 
 they had taken to restore those fortifications, were quite heart- 
 let«s and were ready sooner to quit the Province than be at any 
 more expense about the defence of it, had they not been 
 elevated and spirited by the late efforts made to have the Gov- 
 ernm' in his Maj'' hands. Upon which they, with heart and 
 hand, are repairing the fortifications of Charles Town, and will 
 have sixty-five guns mounted upon the same, and all without 
 the contribution of one penny by the Proprietors. 
 
 They are now alsoe repairing a small Fort built to command 
 the entrance of the Harbour of Charles Town mounted with 
 twenty two guns and by the royal bounty of his Majesty King 
 (reorge Our Magazine of Arms and Amunition is in good-condi- 
 tion. 
 
 Besides these Fortifications the Inhabitants have built a small 
 Fort at Port Royal which has about twelve guns mounted 
 thereon to restrain the incursions of the Spanish Garrison of 
 St. Augustine and their Indians, having about thirty men in 
 constant pay to guard the same. There are alsoe two small 
 Forts built of Wood at about one hundred and forty miles back 
 in the main land, each haveing fifteen men to guard them, serv- 
 ing to protect those that trade with the Indians and prevent 
 their comeing into the Settlement. All which is altogether 
 done at the charge of the Inhabitants who by these expcnces 
 and the debts contracted by the late bloody Indian Warr and 
 the several expeditions against the Pirates and the alarms 
 caused by Incursions from St. Augustine, has brought a heavy 
 debt upon the Inhabitants who have now lost all publick credit 
 by the arbitrary methods taken lately by the Proprietors of 
 abrogating and repealing the Acts and Laws they had made for 
 discharging those debts only out of a view of serving the pri- 
 vate ends of some of their creatures here, soe that without the 
 impartial aud stedy influence of his Majesty's more immediate 
 
EARLY HISTORY OF SOUTH CAROLINA. 103 
 
 Government and Protection, this Colony, as before is mentioned, 
 will be lost to the British Empire, to the indangering Virginia 
 and the other Northern Colonys, 
 
 To the third Query relateing to the strength and number of 
 the Indians in the neighborhood of Carolina, and of their incli- 
 nations for us, or the French or Spaniards. 
 
 The Indians may be divided into three parts. First, the 
 Indians to the Northward, between this Colony 
 and Virginia, are about two thousand eight hun- 
 dred souls, of which number there is about one thousand men. 
 These are entirely in the English interests, and by their scitua- 
 tion will be soe as long as Carolina is a Barrier between them 
 and the Incroachments of the French. The second division 
 may be reckoned the Mountain Indians, called Cherokees, 
 whose number is about eleven thousand five hundred souls, 
 including about three thousand eight hundred men. These, at 
 present, are entirely in the English interest, but God only knows 
 how long they will continue soe, for the iucroaching French 
 (with whom they now are at Warr) leaves no stone unturned 
 to get them over to them, which puts us to vast charges in 
 making presents to their Chiefs ; but if the French should at 
 last pi'evail with them, this Colony will be reduced to the last 
 extremity. Thirdly, may be accounted the Indians that the 
 French have intirely brought over to their party and trade, 
 who were subject to this Province until the year 1715, who 
 were accounted at that time to be near ten thousand souls, of 
 which number there was reckoned about three thousand men. 
 They are now at peace with this Settlement, but as the French 
 have secured their interest among them by building Forts and 
 placeing Garrisons, and carry on their Trade by water carriage 
 to their Towns, it is past dispute that upon a Warr with France 
 they will joyn with them to make an Entire Conquest of this 
 Province, and the chiefest reason that the}'- are now at peace 
 with this Settlement proceeds fi'om the Warr that is between 
 them and the Cherokees. To these may be added about three 
 or four hundred Indians of the most desperate Murderers in the 
 late Indian Warr ; that are harboured at St. Augustine and inci- 
 ted and armed by the Spaniards to commit depredations and 
 murders on the Frontiers of our Settlement. 
 
 To the Fourth Query concerning St. Augustine, and what 
 
104 EARLY HISTORY OF SOUTH CAROLINA. 
 
 advantage might it be to the Government of Carolina to have 
 this place taken from the Spaniards, anexed, and by what means 
 this might be most easily accomplished. 
 
 St. Augustine is the only Spanish Town in Florida, and about 
 one hundred and fifty miles from the Frontiers of 
 Port Eoyal, all the land between being deserted 
 and entirely uninhabited. It is a garrison containing three 
 hundred sory soldiers, being mostly banditti and undisciplined. 
 They have no plantations but what belong to four or five Indian 
 villages in its neighborhood, and consequently no trade but what 
 is occasioned by the expense of the Garrison and with the 
 Indians, except lately they make some pitch and tarr with the 
 help of the Negro Slaves plundered by the Indians from our 
 frontier settlements. It is, however, a pleasant country, and 
 capable, if in English hands, of very great improvements. 
 There are about two hundred houses in the Town, which is un- 
 fortified, but there is a fine fort, being a quadrangle, on whose 
 bastions are near fifty pieces of Cannon mounted, but being 
 small there is no place for Cannon on the Curtains. It is built 
 of stone, and has a mount or ditch round it, whereinto they can 
 lett the Sea at high water, and does not exceed five hundred 
 feet square from the point of one Bastion to the point of an- 
 other, and less than one hundred feet square in the inside, and 
 about twenty-eight feet high, so the Canon cannot command 
 the ground when an enemy is entrenched within fifty or sixty 
 paces of the same. 
 
 In the year 1702 this Settlement fitted out 500 men to take 
 possession of that town, under the command of Col. James 
 Moore, who soon possessed themselves of the Town and Coun- 
 try adjacent, and kept possession of the same seven weeks, but 
 haveing no pieces for battery, nor mortars or bombs, could not 
 take the Castle, but thought to starve the Spaniards, but there 
 came two Men-of-Warr and two Transports from the Havana, 
 with relief, Avhich obliged him to retire to this Province. So it 
 is certain that two-fifth rates with a Bomb ketch and Ingeniers, 
 and two hundred regular troops, with the assistance that this 
 Province wou'd readily lend to such an Enterprise, would 
 easily take that Castle, which, being small, would have one 
 thousand or twelve hundred souls crowded in the same, of men, 
 women and children, as well Indians as Spaniards, and could 
 
EARLY HISTORY OF SOUTH CAROLINA. 105 
 
 not hold out after a few Bombs were thrown into the same. 
 The Spaniards keep this place, as they say, to preserve the pos- 
 session of Florida, to protect their Missionaries among the In- 
 dians, and that they may relieve from thence the Gallions and 
 other rich Ships that often happen to be cast away or in dis- 
 tress coming thro' the Gulf of Florida. It would be of great ad- 
 vantage, not only to this Province, but to the rest of the 
 English Empire in America, to have St. Augustine taken from 
 the Spaniards, for it would make a notable Barrier to his Ma^' 
 Dominions upon the Main ; it would be a place of refuge and re- 
 lief to his Ma^' Subjects that are in distress or cast away come- 
 ing thro' the Gulf of Florida, and are now alwaj^s murdered and 
 eaten by the Savages living on the Coasts of that Country. It 
 wou'd put an end to the distresses this Settlement lies under by 
 the depredations of the Indians, abetted and incouraged by the 
 Spaniards of that place, who also harbour Rebels, Felons, 
 Debtors, Servants and Slaves that escape thither from this Set- 
 tlement, who are obliged, even in time of peace, to keep a con- 
 stant guard and scout boats to secure our frontiers and repulse 
 the enemy. 
 
 It wou'd very much inlarge the Indian Trade, which takes off 
 a considerable quantity of English WoUen and other manufac- 
 tures, and wou'd cause the Indians, now in obedience to us, to 
 be less insolent and more obedient to our Government, whom 
 we are now obliged to caress, lest they should revolt to the 
 Spaniards there. 
 
 To the Fifth Query. How the French Settlements on the 
 River Missassippi may affect the people of Carolina, -vphether 
 they have seized the fort of Pansacola, belonging to the Span- 
 iards, and what can be done to prevent any hazzard or incon- 
 veniency Carolina may be exposed to from that Settlement. 
 
 The Settlements the French are now making in 
 Louisiana are of the last consequence to the safety 
 not only of Carolina, but to Virginia, for the Rivers upon which 
 they are making these Settlements rises near our Settlements, 
 and even within the hills from whence the Virginia Rivers 
 Spring. The first Fortification the French built was at Mobile, 
 about three hundred and sixty miles from our Frontiers, which 
 was in the year 1700. This Province having long before that 
 discovered and traded with the Indians adjacent untill then, it 
 
106 EARLY HISTORY OP SOUTH CAROLINA. 
 
 being within the limitts of the charter granted to the Proprie- 
 tors, they made no farther attempts untill the year 1715, when 
 the caused the Albama Indians to murder our Traders settled 
 above thirty years among them, and plundered our Factory, 
 upon which they imediately erected a Fort and placed Soldiers 
 there, and new named the place New Thoulouse, which is 
 within two hundred and fifty miles of our frontier, upon which 
 we lost the Trade of the Chickesaws, Albamas, Taliboosee and 
 Abicaws, and other nations, of whose trade we were possessed 
 of for above thirty years, and they were intirely subject to the 
 English nation, and their Chiefs for that time paid tribute and 
 received their Commissions from this Grovernm' so that the 
 English nation thereby loses the vending of at least six thou- 
 sand pound sterling:, prime cost, in cloath and other 
 
 Sixty was first ^ °' ' • , i • 
 
 written, but the goods yearly. The i^rench not content with this 
 
 tp has been ° . ,_,_,., r-i l 
 
 tried to be Incroachmcnt, in the year 1717 built a rort at the 
 wiihaknife. mouth of Chatahoochce Eiver, which is navigable 
 untill it comes within less than one hundred miles of our 
 Frontier, which had this ill effect, that the Ochesee nation 
 have withdrawn their dependence upon the English, and 
 though they suffer the English to trade with ihem, yet 
 the French does the same alsoe, apd having water carri- 
 age to them, makes the Indians intollorably insolent, and our 
 trade precarious ; and there is great reason to believe, that in 
 a Warr they would joyn the French against us, having already 
 a quarrel with us. But in the Year 1718, the French quitted that 
 last mentioned Fort, because the Spanish Fort of Pensacola, 
 lay between the same and the rest of their usurpations, upon 
 which, the Spaniards took posession of the same, and erected a 
 fort there. But in the year 1719, the French took Pensacola 
 from the Spaniards, whereby, they are become Masters of our 
 Excellent harbor, for Men of Warr ; which, untill then, they were 
 destitute of, the whole Coast being shallow for several hundred lea- 
 gues to the westward of the same. And that same year, 1719, they 
 imported above four thousand into these parts, and are building 
 their Capital City near the mouth of the Kiver Missassipi name- 
 ing the same New Orleans, which is four hundred and eighty 
 miles from our Frontiers, They are now preparing to repos- 
 sess themselves of Chatachoochee River (called by the Span- 
 iards the Apalachicola River) and make a strong settlement 
 
EARLY HISTORY OF SOUTH CAROLINA. 107 
 
 there, and as their Emisarys have been viewing the coast be- 
 tween this Settlement and St. Augustine it putts us into a terri- 
 ble consternation, and they are so sensible of our weakness, 
 being left abandoned, void of Eoyal Protection, that they are 
 not ashanaed to give out among the [ndians that they will take 
 a time to drive us into the Sea, and not leave an English man 
 upon the Main. Their prodigious and swift proceedings and 
 powering such numbers of indigent needy soldiers into those 
 Lands, and who haveing no Plantations nor anything of their 
 own are greedily expecting a conjuncture to have the plunder- 
 ing of our Flourishing Settlement, wherein is about twelve 
 thousand Negro Slaves, and the Inhabitants finding noc remedy 
 from the many Kepresentations made to the Lords Proprietors 
 to take some measures to put a stop to these Incroachments, 
 who never thought it worth their while so much as to give an 
 answer to the same, that all those that are able were making 
 preparations to remove to places of safety, untill, to prevent the 
 ruin of the Province and preserve soe good a Country to the 
 British Dominion, they resolved to throw off the Yoak of the 
 Prop" and assume the Governm' in his Ma'^'^ name, that being 
 more immediately under the influence of the Koyal Governm' we 
 may become sharers of the safety and protection enjoyed by the 
 rest of his happy subjects. 
 
 And as there is no other remedy left to prevent the impend- 
 ing ruin of this Settlement from the French whenever they 
 please to put their designs in execution, but his Ma"*"' powerful 
 protection and assistance, soe it is most undoubtedly true that 
 if this Settlement be by any interest of the Proprietors longer 
 deprived of the same, that the Inhabitants under such circum- 
 stances will sooner draw off their Estates and families to places 
 of safety than any longer contribute to preserve them, seeing 
 that after all that they can doe it will not be in their power. 
 
 To the Sixth Query, What trade is there in that Province, 
 by exportation ; how and in what particulars is the trade thereof 
 increased or decreased of late years, and what hath been the 
 reasons of such Increase or Decay. 
 
 As for the Trade the Province is in a very flourishing condi- 
 tion in all its Branches, (except what relates to the 
 Indian Trade, which is above half lost to the 
 French,) Tho' the chief exportation consists in rice, pilch, tarr. 
 
108 EAELY HISTORY OF SOUTH CAROLINA. 
 
 and turpeuLine, skins, great store of timber and masts for ship- 
 ping, and otiier naval stores, and great plenty of black cattle 
 and hoggs for provisions, and the soil is likewise very fit and 
 apt for the production of Hemp, Flax, Indigo, Cotton, and more 
 especially silk, and only wants persons of skill for the manufac- 
 tury thereof. This, together with the returns made in bullion 
 that we receive in return for the provisions we transport to the 
 West India Islands, goes all to Great Britain to the value of 
 about eighty thousand pounds sterling p' ann., and near two 
 hundred sail of all sorts are freighted here in a year, but still 
 wanting other manufactures. We receive Cloathing, Furniture, 
 Iron Ware, and every other thing that is necessary for the con- 
 veniency of the life of man from Great Britain, whose Merchants 
 are the only Traders with us, and by yearly suppljnng us with 
 near one thousand negroes encreases our export by the many 
 more hands sett at work. Soe it is more apparent that if we 
 were under the steady and regular Government of his Maj'^ and 
 thereby entituled tothe more immediate protection of his Koyal 
 authority, that we might be secured thereby from the threat- 
 nings of our powerful Neighbours, the Spaniards, and the in- 
 croachments of the French, and we should in a few years become 
 as considerable to the Crown of Great Britain as any Plantation 
 in America, which otherwise must be lost to the same. 
 
 To the Seventh Query, What Number of Ships or other 
 Vessels are there belonging to the Province, where built, and 
 what number of seafaring men, what manufactures are settled 
 there, of any sorts whatsoever. 
 
 Answer. rj\^Q Trade being in a manner carryed on by the 
 
 British Merchants, there are not above twenty small Vessels 
 belonging to the Traders here, which mostly were built here. 
 As also the London merchants send and build vessels here. 
 Soe the number of Seafaring men are very few; and being 
 altogether supplyed with necessaryes from Great Britain, there 
 is noe manner of Manufactures settled here, but what is men- 
 tioned as above. But to illustrate this Branch of Trade more 
 particulai'ly, We send an abstract taken from the Collector's 
 Books relating to the same. 
 
 To the Eighth Query, Whether there be anj- Mines, and of 
 what sorts. 
 
EARLY HISTORY OF SOUTH CAROLINA. 109 
 
 Answer. t^q know of none certain, except Iron Mines, 
 
 which the Proprietors having the royalty of, discourages any 
 attempts of opening; and if they were compounded with for 
 their Eoyalties in the same, Yet no body would be at the 
 charge of such a Work in a place of no real security and so 
 lyable to the incursion of Enemies. But the case would be 
 much bettered under his Ma'^ Grovenm'. But we have been 
 frequently told that in the mountainous parts of the Colony 
 there are mines of Gold, Silver, Copper and several other Oai's, 
 tho' we doe not take upon us to affirm the same of our own 
 knowledge. 
 
 AN ACCOUNT OF THE EXPORT OF SOUTHCAROLENA 
 TAKEN FROM THE COLLECTOR'S BOOKS FOR Y^ 
 YEARS 1717-18 TO 1718-19, AND FROM 1718-19 TO 
 1719-20. 
 
 Exported from the Province of South Carolina from Jan"^ 
 1717-18 TO Jan'' 1718-19, viz : 
 
 To Great Britain six thousand seven hundred and seventy 
 three Barrels of Rice, eighteen thousand four hundred and four- 
 teen Barrels of Pitch, Twenty seven thousand six hundred and 
 sixty Barrels of Tarr and forty three Chests of Deer Skins, 
 Besides Logwood, Braziletta, Hogsh**' and Pipe Staves, Cedar 
 plank, Pine Planks, Boards, &c. 
 
 To the several Plantations, Two thousand three hundred and 
 thirty three Barrels of Rice, Four thousand one hundred and 
 eighty seven Barrels of Pitch, and five thousand six hundred 
 and seventy seven Barrels of Tarr, besides Masts, Booms, Bow- 
 sprits, Barrels of_ Beef, Porke, Butter, Candles, Soap, Tallow, 
 Deer Skins, Tan'd Leather, Raw-hides, Corn, Pease, Cedar- 
 plank and pine-plank, Hoops, Staves, Oars, Shingles, &c. 
 
110 early history op south carolina. 
 
 Exported from the said Province from Jan'' 1718-19 to Jan'' 
 
 1719-20, VIZ : 
 
 To Great Britain nine thousand one hundred and fifteen Bar- 
 rels of Eice, Twelve thousand four hundred and sevent}^ five 
 Barrels of Pitch, Fifteen thousand and fifty two Barrels of Tarr 
 and eighty Chests of Deer Skins, besides Logwood, Braziletta, 
 Hogsh*'" and Pipe Staves, Cedar and Pine Planks, Boards, &c. 
 
 To the Plantations, Three thousand nine hundred and fifty 
 three Barrels of Pitch, and six thousand two hundred and sev- 
 enty three Barrels of Tarr, besides Masts, Booms, Bowsprits, 
 Barrels of Beefe, Porke, Butter, Candles, Soap, Tallow, Deer 
 Skins, Tan'd leather, Raw-hides, Corn, Pease, Cedar-plank and 
 Pine-plank, Staves, Hoops, Boards, Shingles, Oars, &c. 
 
 Uw. ^^ — 
 
m THE EARLY HtSTORV OF 
 
 OUTH 
 
 AROLINA. 
 
 BY 
 
 WM. J. RIVERS, A. M., 
 
 Author of " A Sketch of the History of South Carolina to the close of the 
 Proprietary Government by the Revolution of 1719." 
 
t.