Ramsay on the Election Law of 1716 and Revolution of 1719

 

Ramsay, David, The History of South Carolina, From Its First Settlement in 1670, to the Year 1808, Vols. I and II (1809)

 

The struggle between the proprietors and possessors of the soil became daily more serious. The provincial assembly passed about this time some very popular laws. One for the better regulation of the indian trade, by which commissioners were nomina ted to carry it on and to apply the profit arising from it to the public benefit and defence. Another was for regulating elections ; by which it was enacted " that every parish should send a certain number of representatives, not exceeding thirty - six in the whole, and that they should be ballotted for at the different parish churches. ”

This, though much more convenient to the settlers than their former custom of electing all the members in Charlestown, was disagreeable to some members of the council who perceived its tendency to lessen their influence at elections. Chief justice Trott and William Rhelt, receiver general, men of great abilities and influence, opposed both these bills. Though they could not prevent their passing in Carolina, they had influence enough with the proprietors to send them back repealed.  The colonists were exasperated ; and in severe language censured the proprietors as tyranni cal, regardless of the convenience of the inhabitants, and unfeeling for their distresses.

The yamassee indians, smarting under their recent defeat as shall be hereafter related, were san guinary and vindictive. Being supplied with arms and ammunition from the spaniards, they were so troublesome as to make it necessary for the assembly to maintain a company of rangers to protect their frontier settlers. Presents were necessary to preserve the friendship of other indian tribes. Three forts were also erected and garrisoned for the de fence, and at the cost of the province. These public expenses consumed the fruits of the planter's indus try.

The law appropriating the profits of the in dian trade, for the public protection, had been re pealed by the proprietors. Public credit was at so low an ebb, that no man was willing to trust his money in the provincial treasury. None would risk their lives in defence of the colony without pay ; and the province, oppressed with a load of debt, was utterly unable to furnish the necessary supplies. The people complained of the insufficiency of that government which could not protect them, and at the same time prevented the interposition of the crown for their relief.

Governor · Daniel joined them in their complaints ; and every one seemed ar dently to wish for those advantages, which other co lonies enjoyed under the immediate care and pro tection of a powerful sovereign. Robert Johnson, who in 1717 succeeded Robert Daniel as governor, had instructions to reduce the paper currency. He recommended to the assembly to consider of ways, and means, for sinking it. The indian war had occasioned a scarcity of provisions. Large emissions of paper money sunk its value. Both contributed to raise the price of country commodities.

The merchants and money lenders were losers by these bills of credit ; and the planters, who were generally in debt, gained by them. Hence great debates about paper money arose in the assembly, between the planting and mercantile interests. The governor had so much influence as to prevail with the assembly to pass a law for sinking and paying off their bills of credit in three years, by a tax on lands and negroes. Their act for that purpose, gave great satisfaction both to the proprietors and people concerned in trade. This compliance of the assembly with the governor's instructions, gave him some faint prospect of reconciling them by degrees to the supreme jurisdiction of the proprietors : but his hopes were of short duration.

The planters finding the tax act burdensome, began to complain and to contrive ways and means for eluding it by stamping more bills of credit. The proprietors having information of this, and also of a design formed by the assembly to set a price on country commodities and make them at such a price a good tender in law for the payment of all debts, enjoined their governor not to give his assent to any bill framed by the assembly, nor to render it of any force in the colony, before a copy thereof should be laid before them.

About the same time the king, by his order in council, signified to the pro prietors that they should repeal an act passed in Ca rolina of pernicious consequence to the trade of the mother country ; by which “ a duty of ten per cent. was laid on all goods of british manufacture import ed into that province. ' Accordingly this act, to gether with that “ for regulating elections, ” and an other, “ for declaring the right of the assembly to nominate a public receiver, ” were all repealed ; and sent to governor Johnson in a letter which enjoined him instantly to dissolve the assembly, and call an other to be chosen in Charlestown according to the ancient usage of the province.

The proprietors considered themselves as possessing not only power to put a negative on all laws made in the colony, but also to repeal such as they deemed pernicious. Governor Johnson, sensible of the evil consequences that would attend the immediate execution of these orders, convened his council to take their advice on what was most proper to be done. When he communicated his orders and instructions from England, the majority of the council were astonished. But as the assembly were at that time deliber ating on the means of paying the provincial debt, it was agreed to postpone the dissolution of the house, until the business before them should be finished.

As the repeal of the duty law was occasioned by an order from the king in council, they resolved to ac quaint the assembly immediately with the royal dis pleasure at that clause of the law which laid an impost duty on all goods manufactured in Great Britain and to advise them to make a new act, leaving out the clause which had given offence. Though great pains were taken to conceal the governor's in structions, yet they were divulged and excited violent resentments.

The assembly entered into a warm debate about the proprietors ' right of repealing laws, passed with the assent of their deputies. Many alleged that the deputation given to them was like a power of attorney, sent to persons at a distance, authorizing them to act in their stead ; and insisted that, according to the charter, they were bound by their assent to acts as much as if the proprietors themselves had been present and confirmed.

Chief justice Trott was suspected of holding a private correspondence with the proprietors, to the prejudice of the carolinians. On that and several other grounds he was the object of their hatred and resentment. Richard Allein Whitaker, and other practitioners of the law, charged him with base and iniquitous practices. No less than thirty - one articles of complaint against him were presented to the assembly, setting forth among other things, “ That " he had contrived many ways to multiply and increase his fees — that he had contrived a fee for continuing causes from one term to another, and put off the hearing of them for years -- that he took upon him to give advice in causes depending in his courts ; and not only acted as counsellor in these cases, but ad drawn deeds between party and party ; some of which had been contested before him as chief justice, and in determining of which he had shown great partiality — and lastly, complaining that the whole judicial power of the province was lodged in his hands ; he being at the saine time sole judge of the court of common pleas, king's bench, and vice admiralty, so that no prohibition could be lodged against the proceedings of these courts, otherwise than by his granting one against himself. He was at the same time a member of the council, and of consequence a judge of the court of chancery.

These articles of complaint were well grounded, and the facts alleged were supported by strong evidence before the assembly. But as the judge held his commission from the proprietors, he denied that he was accountable to the assembly for any part of his judicial conduct ; and declared that he would answer nowhere but in England. The assembly, however, sent a message to the governor and council requesting that they would concur in represent ing his conduct to the proprietors ; and in praying them either to remove him from his seat in the courts of justice, or at least to confine him exclusively to one jurisdiction ; and to grant to the people a right of appealing from his judgments. The governor and council, convinced of the maladministration of the judge, agreed to join the commons in their representation.

But they thought it most prudent and respectful to send one of their counsellors to England with their memorial. Francis Yonge, a man of considerable abilities, who had been present at all their debates, was pitched upon as well qualified for giving their lordships a faithful account of the whole matter. Accordingly he sailed for England, and arrived in London early in the year 1719. Soon after his arrival he waited on lord Carteret, the palatine ; but his lordship referred him to the other proprietors for an answer to his representation. When they met, Yonge delivered to them a letter from governor Johnson — the articles of complaint against chief justice Trott — and the joint ad dress of the governor, council, and assembly, praying to have him removed entirely from the bench or confined to a single jurisdiction.

This memorial was far from being agreeable to the proprietors ; some of them inferred from it that the people were industrious in searching for causes of dissatisfaction, with a view to shake the proprietary authority. Others had received letters from Trott which intimated that Yonge, though an officer of the proprietors, had assisted the people in forming plausible pretences for that purpose. For three months Yonge attended the palatine's court, to accomplish the ends of his appointment. After all he was given to understand, that the business on which he came was extremely disagreeable to them — that the trouble he had taken and the office he had accepted as agent for the people, were inconsistent with his duty as one of the deputies bound to act in conformity to their instructions. They declared their displeasure with the members of the council who had joined the lower house in their complaints against Trott - removed them from the board - appointed others in their place -- and increased the number of members from seven to twelve. They told Yonge that he also their lordships, and subjecting them to a jurisdic tion foreign to the constitution of the province. The complaints of the whole legislature against chief justice Trott were not only disregarded, but he was privately caressed and publicly applauded.

These grievances were rendered the more intolerable, from the circumstance that the suffering colonists could indulge no hopes of redress under the existing system of proprietary government. It may be thought somewhat astonishing, that the proprietors should have persisted in measures so disagreeable and so manifestly subversive of their authority. Many were the hardships from the climate, and the danger from savages, with which the colonists had to struggle ; yet their landlords, in stead of rendering their circumstances easy and comfortable, seemed rather bent on doubling their distresses. The people could no longer regard them as indulgent fathers, but as tyrannical legislators that imposed more on them than they were able to bear.

It was the duty of the proprietors to listen to their complaints, and redress their grievances. It was their interest to consult the internal security and population of their colony. But perhaps the troubles and miseries suffered by the colonists, ought to be ascribed to their lordships ' shameful inattention rather than to their tyrannical disposition. Lord Carteret the palatine held high offices of trust under the crown, which required all his time and Some of the proprietors were minors ---- others possessed estates in England, the improvement of which engrossed their attention.

Having reaped little or nothing from their american possessions, and finding them every year becoming more troublesome and expensive, they trusted the affairs of their colony too much to a clerk or secretary who was no ways interested in their prosperity. Chief justice Trott, in whose integrity and fidelity the proprietors placed unlimited confidence, held of them many offices of trust and emolument. Being dependent on them for the tenure of his office, and the amount and payment of his salary, he strongly supported their power and prerogative. The proprietors de pended on his influence, and eloquence, to make their favorite measures go down with the people. Trott vindicated their authority in gratitude for favors received, and in the expectation of receiving A reciprocal chain of dependence and obligation was formed between them. This interested policy was carried too far. The chain broke. A new order of things took place. In consequence of which Trott's influence was completely destroyed, and the power of the proprietors for ever annihilated.

About this time, a rupture having taken place between the courts of Great - Britain and Spain, a project for attacking South - Carolina and the island of Providence was formed at the Havanna. Governor Johnson having received advice from England of this design, resolved to put the province in a posture of de fence. For this purpose he summoned a meeting of council, and of such members of assembly as were in town, to inform them of the intelligence he had received and to desire their advice and assistance in case of any sudden emergency. He told them of the shattered condition of the fortifications, and urged the necessity of speedy reparations. To meet the expense he proposed a voluntary subscription, and headed it with his own signature to a large amount as an example to others.

The members of assembly replied, " that a subscription was needless, as the income of the duties would be sufficient to answer the purpose intended. ” The governor objected, “ that the duty law had been repealed, and no other yet framed in its place. " To which the members of assembly answered, they had resolved to pay no regard to these repeals, and that the public receiver had orders from them to sue every man that should refuse to pay as that law directed. ” Chief justice Trott told them, " if any action or suit should be brought into his courts on that law, he would give judgment for the defendant. ”

The contest between the parties became warm, and the conference broke up before any thing was determined upon for the public safety. The members of assembly resolved to hazard the loss of the province to the spaniards, rather than yield to the council and acknowledge the right of the proprietors to repeal laws which had been regularly passed.

Governor Johnson judging it prudent to be al ways in the best posture of defence, called a meet ing of the field officers of the militia - ordered them to review their regiments, and fixed a place of gene ral rendezvous, At this meeting they received their orders with their usual submission, and called together the different regiments on pretence of training the men. But before this time the members chosen to serve in assembly, though they had not met in their usual and regular way at Charles town, had nevertheless held several private meetings in the country to concert measures for re volting from their allegiance. They had drawn up an association for uniting the whole province in opposition to the proprietary government.

This was proposed to the people at the public meeting of the militia, as an opportunity the most favorable for procuring a general subscription. The people, oppressed and discontented, eagerly embraced the proposal ; and almost to a man subscribed this bond of union, in which they promised to stand by each other in defence of their rights, against the tyranny of the proprietors and their officers. The confederacy was formed with such secrecy, that before it reached the governor's ears nearly all the inhabitants had concurred in it. The members of assembly, having formed their resolution to revolt and gone so far as to induce the people to support them, determined to proceed until they should bring themselves under the protection of the king.

At the election in Charlestown Trott and Rhett, who formerly had extensive influence, were so unpopular that they could not bring one man into the house. Alexander Skene, lately excluded from the council, was elected a member of this new assembly, which was chosen on purpose to oppose the civil officers.  Considering himself as ill used by the propri etors, he became zealous and active in pulling down the tottering fabric of their government. He and several other members of assembly held frequent meetings to consider of their grievances, and the encouragement they had received from Britain respecting the great end they had in view.

They recalled their lordships to mind what had passed in the house of peers du ring the reign of queen Anne -- how her majesty had then ordered her attorney, and solicitor general, to consider of the most effectual methods of proceeding against the charter. They knew also that a bill had been brought into the house of commons, for reducing all charter and proprietary governments into regal ones. They had been informed that lord Carter et, conscious of the inability of the proprietors to defend their province in the yamassee war, had pub licly applied for assistance from the british govern ment ; and that the lords of trade were of opinion, that the government of the province should belong to that power which bore the expense of its protection.

They had considered all these things, and flattered themselves with hopes, that the king would take the colony under his care as soon as they renounced allegiance to the proprietors. They had so thorough ly convinced the people of the great happiness of the colonies which were under the immediate care and protection of the crown, that they desired nothing more than to enjoy the same privileges.

To these secret meetings, and transactions, governor Johnson was an entire stranger until he receiv ed a letter bearing date November 28th 1719, and signed by Alexander Skene, George Logan, and William Blakeway ; in which they, informed him of the general association to throw off the proprietary government, and of the determination of the people to request his acceptance of the government from them in behalf of the king. They also gave it as their opinion that he might with honor accept the government thus offered, and advised him to do so.

The governor considered this letter, though fraught with the highest professions of personal respect, as an insult ; but especially the advice contained therein, which he deemed derogatory both to his integrity and fidelity. The letter, however, served to give him notice of the association and the resolution of the people which it was his duty to defeat. For this purpose he hastened to town - summoned his council - informed them of the association -- and required their advice and assistance about the most effectual methods of breaking it up and supporting the proprietary government. The council, unable to determine what was best to be done, advised the governor to take no present notice of the proceedings, but to wait events.

In the mean time the members of assembly were using their utmost diligence among the people to keep them firm to their purpose, having got almost every person, except the officers and particular friends of the proprietors, to sign the association. All agreed to support whatever their representatives should do for disengaging the colony from the yoke of the proprietors, and putting it under the govern ment of the king. Having thus fortified themselves by the union of the inhabitants, the assembly met to take bolder and more decisive steps. Being appre hensive that the governor would immediately dissolve them, they instantly came to the following resolu tions.

“ Firstly : that the several laws...

[* The titles of the laws repealed by the proprietors, and ad hered to by the carolinians as unrepealed, were 1st. An act for declaring the rights of the house of commons, for the time being, to nominate a public receiver. 2d. An act entitled an act for laying an impost on negroes, liquors, and other goods and merchandize, & c. 3d. An act entitled an act to ascertain the form of electing members to represent the inhabitants in general assembly]

... pretended to be repealed are still in force, and could not be re pealed but by the general assembly of the province : and that all public officers and others do pay due regard to the same accordingly.

Secondly : that the writs whereby the present representatives were elected are illegal, because they are signed by such a council as the proprietors have not a power to ap point ; for this council consists of a greater number of members than that of the proprietors, which is contrary to the design and original intent of their charter.

Thirdly : that the representatives cannot act as an assembly, but as a convention delegated by the people to prevent the utter ruin of the province till his majesty's pleasure be known. ”

And lastly : that the lords proprietors have by such proceed ings unhinged the frame of their government and forfeited their rights to the same -- and that an address be prepared to desire governor Johnson to take the government upon him in the king's name — and to continue the administration thereof until his majesty's pleasure be known. ”

Agreeably to the last resolution an address was drawn up and signed by Arthur Middleton as presi dent, and twenty - two members of the convention, to be presented to Johnson. ! ohnson.

In the meantime the governor sent a message to the house acquainting them that he was ready, with his council, to receive and order them to choose a speaker. ' They came to the upper house in a body, and Arthur Middleton addressed him in the following words.

" I am ordered by the representatives of the people, here present, to tell you that according to your honor's order we are come to wait on you. I am further or dered to acquaint you that we own your honor as our governor, you being approved by the king ; and as there was once in this province a legal council representing the proprietors as their deputies, which constitution being now altered, we do not look on the gentlemen present to be a legal council ; so I am or dered to tell you that the representatives of the peo ple disown them as such, and will not act with them on any account. ”

The governor, and council, struck with astonish ment at the spirit of the convention and suspecting that they were supported by the people, were great ly puzzled while deliberating on the measures they should take to recall them to the obedience of legal authority. Some were for opposing violence to violence ; and thought the best way of bringing them back to their allegiance, would be to terrify them with threats and confiscations. Others were of opinion that the defection was too general, to admit of such a remedy, and that mild expostulations were more proper ; and if such gentle means failed, the governor might then dissolve them and put an end to the dispute.

But on the other hand dangers hung over the country, and the only fund for repairing the fortifications being lost by the repeal of the general act duty, it was necessary that money should be provided by some new law for public purposes. If the governor dissolved the house, how could the province be put in a posture of defence against a spanish invasion with which it was threatened ? if he should suffer them to sit while they had resolved that the proprietors had forfeited their right to the government, and refused on any account to act with his council, he might be chargeable with a breach of his trust.

The result of their deliberations was a message from the governor and council, desiring a conference with the house of assembly. To which they returned for answer, that “ they would not receive any message or paper from the governor, in conjunction with the gentlemen he was pleased to call his council. ” Finding them inflexible, and resolute, the governor was obliged to give way to the current ; and therefore, in two days afterwards, sent for them in his own name and delivered to them a long and elaborate speech, and furnished them with a written copy of it.

In this he soothed the popular leaders -- expostulated and reasoned with them - re monstrated against their measures -- and attempted to alarm them and their followers with the consequen ces of their conduct ; but all in vain. The assembly was neither to be shaken by persuasion nor intimidated by threats. After a short pause, they return ed with the following answer. We have already acquainted you that we would not receive any message or paper from your honor, in conjunction with the gentlemen you are pleased to call your council, therefore we must now repeat the same ; and beg leave to tell you, that the paper you read and de livered to us we take no notice of nor shall we give any further answer to it but in Great - Britain. ”

Immediately after they came with an address to the governor, avowing their resolution to cast off all obedience to the proprietary government ; declaring him to be the most fit person to govern them - and intreating him to take upon him the government in the name of the king. This flattering address concluded in the following manner.

“ As the well being and preservation of this province, depends greatly on your complying with our requests ; so we flatter ourselves that you, who have expressed so tender a regard for it on all occasions and particu larly in hazarding your person in an expedition against the pirates for its defence, we hope sir, that you will exert yourself at this time for its support ; and we promise your honor on our parts, the most faithful assistance of persons duly sensible of your great goodness and big with the hopes and expectation of his majesty's countenance and protection. And we farther beg leave to assure your honor, that we will in the most dutiful manner address his sa cred majesty, king George, for the continuance of your government over us ; under whom we doubt not to be a happy people. ”

To this address the governor replied :

“ I am obliged to you for your good opinion of me ; but I hold my commission from the true and absolute lords and proprietors of this province, who recommended me to his majesty, and I have his approbation : it is by that commission and power I act, and I know of no authority which can dispossess me of the same but that of those who invested me with it. In sub ordination to them I shall always act, and, to my utmost, maintain their lordship's just power and prerogatives without encroaching on the people's rights. I do not expect or desire any favor from you, only that of seriously taking into consideration the approaching danger of a foreign enemy and the steps you are taking to involve yourselves, and this province, in anarchy and confusion. ”

The representatives having now fully declared their intentions, and finding it impossible to win over the governor to a compliance with their measures, began to treat him with indifference and neglect. He on the other hand, perceiving that neither harsh nor gentle means could recall them to their allegiance, issued a proclamation for dissolving the house. The representatives ordered his proclamation to be torn from the marshal's hands. They met upon their own authority, and chose colonel. James Moore their governor, who was a man excellently qualified for being a popular leader in perilous adventures.

To governor Johnson he was no friend ; ' having been by him removed from his com mand of the militia, for warmly espousing the cause of the people. In every new enterprise he had been a volunteer ; and in all his undertakings was resolute, steady, and inflexible. A day was fixed for proclaiming him, in the name of the king, governor of the province ; and orders were issued for direct ing all officers, civil and military, to continue in their different places and employments till they should hear further from the convention.

Johnson some time before had appointed a day for a general review of the provincial militia, and the convention fixed on the same day for publicly proclaiming Moore. The governor having intelligence of their design, sent orders to colonel Parris the commander of the militia to postpone the review to a future day. Parris, though a zealous friend to the revolution, assured him his orders should be obeyed. Notwithstanding this assurance, on the day fixed when governor Johnson came to town, he found, to his surprise, the militia drawn up in the market square, now the site of the national bank, colours flying at the forts and on board all the ships in the harbor ; and great preparations making for the proclamation.

Exasperated at the insults offered to his person and authority, he could not command his temper. Some he threatened to chastise for flying in the face of government, to which they had sworn fide lity ; with others he coolly reasoned, and endeavored to recall them by representing the fatal consequence that would attend such rash proceedings. But advancing to Parris, he asked him “ how he durst ap pear in arms contrary to his orders ? " and commanded him in the king's name, instantly to disperse his Colonel Parris replied “ he was obeying the orders of the convention. ” The governor in great rage walked up towards him, upon which Parris immediately commanded his militia to present their muskets at him, and ordered him “ to stand off at his peril. ”

The governor expected during this struggle that some friends, especially such as held offices of profit and trust under the proprietors, would have supported him, or that the militia would have laid down their arms at his command ; but he was disappointed ; for all either stood silent, or kept firm to the standard of the convention. Vain were the efforts of his single arm in opposition to so general a defection. Even Trott and Rhett in this extremity forsook him and kept at a distance, the silent and inactive spectators of their master's ruined authority.

After this the members of convention, attended and escorted by the militia, publicly marched to the fort ; and there proclaimed James Moore governor of the province in name of the king, which was followed by the loudest acclamations of the populace. Upon their return they proceeded to the election of twelve counsellors, after the manner of the royal provinces. Of these sir Hovenden Walker was made president.  

The revolutioners had now their governor, council, and convention, and all of their own free election. In consequence of which, the delegates published a declaration in which they jus tified the measures they had adopted ; and pledged themselves to support the new governor, and commanded all officers, civil and military, to pay him all duty and obedience. After this declaration was solemnly published, Johnson retained but small hope of recalling the people to obey the proprietary authorities. Still, however, he flattered himself that the men who had ' usurped the government would not long remain in a state of union and peace. In this expectation he called together the civil officers of the proprietors, and ordered them to secure the public records, and shut up all offices against the revolutioners and their adherents. In the mean time, the delegates of the people were occupied in regulating public affairs.

They took a dislike to the name of convention, as different from that of the other regal governments in America, and voted themselves an assembly, and assumed the power of appointing all public officers. In place of Nicholas Trott they made Richard Allein chief justice. Another person was appointed provincial secretary, in the room of Charles Hart. But William Rhett and Francis Yonge secured to themselves the same offices they held from the proprietors. Colonel John Barnwell was chosen agent for the province and embarked for England with instructions and orders to apply to the king, and lay a state of their public proceedings before him, and to beseech his majesty to take the province under his immediate care and protection. A new duty law for raising money to defray the various expen ses of government was passed. Orders were given. for the immediate repairs of the fortifications at Charlestown ; and William Rhett was nominated inspector - general of the projected repairs.

To their new governor they voted two thousand five hundred pounds, and to their chief justice eight hundred pounds current money, as yearly salaries. To their agent in England they transmitted one thousand pounds sterling. To defray these and the other expenses of government, an act was passed for laying a tax on lands, and negroes, to raise thirty thou sand pounds Carolina money, for the service of the current year.

When they began to levy the taxes imposed by this act, Johnson and some of his party refused to pay ; giving for reason that the act was not made by lawful authority. On account of his particular circumstances, Johnson was excused ; but they resolved to compel every other person to sub mit to their jurisdiction, and obey their laws. They seized the effects or negroes of such as refused sold them at public auction - and applied the money for the payment of their taxes. Thus in spite of all opposition, they established themselves in the full possession of all the powers of government,. In the mean time Johnson received certain advice that the spaniards had sailed from the Havanna, with a fleet of fourteen ships and a force consisting of twelve hundred men, against South - Carolina and Providence ; and it was uncertain which of the two they would first attack.

At this time of imminent danger, the late governor endeavored to recall the people to subjection ; and sent to the convention a letter, in which he attempted to alarm them by re presenting the dangerous consequences of military operations under unlawful authority ; but they remained firm to their purpose, and, without taking any notice of the letter, continued to do business with Moore as they had begun ; and in concert with him, adopted measures for the public security. They proclaimed martial law, and ordered the inhabitants of the province to Charlestown for its de fencé. All the officers of the militia accepted their commissions from Moore, and engaged to stand by him against all foreign enemies.

For two weeks the provincial militia were kept under arms at Charles town, every day expecting the appearance of the spanish fleet which they were informed had sailed from the Havanna. The spaniards resolved first to attack Providence, and then to proceed against Carolina ; but by the conduct and courage of captain Rogers, at that time governor of the island, they were repulsed and soon after lost the greatest part of their fleet in a storm. The spanish expedition having thus proved abortive, the Flamborough man of war commanded by captain Kildesley, returned from Providence island to her station at Charlestown.

About the same time his majesty's ship Phønix commanded by captain Pierce, arrived from a cruize. The comman ders of these two men of war were caressed by both parties ; but they publicly declared for Johnson, as the magistrate invested with legal authority. Charles Hart, secretary of the province, by orders from governor Johnson and his council, had secreted and secured the public records so that the revolutioners could not obtain possession of them. The clergy refused to marry without a license from Johnson, as the only legal ordinary of the province.

These and other inconveniences, from the unsettled state of things, rendered several of the people more cool in their affection for the popular government. At this juncture Johnson, with the assistance of the captains and crews of the ships of war, made his last and boldest effort for subjecting the colonists to his au thority. He brought up the ships of war in front of Charlestown, and threatened its immediate destruction, if the inhabitants any longer refused obedience to legal authority.

But they having arms in their hands, and forts in their possession, defied his pow er. They were neither to be won by flattery, nor terrified by threats to submit their necks any more to the proprietary yoke. Johnson feeling his impotence, ' made no more attempts for the recovery of his lost authority. In the meantime the agent for Carolina had pro cured a hearing from the lords of the regency and council in England, the ' king being at that time in Hanover ; who gave it as their opinion that the proprietors had forfeited their charter, and ordered the attorney general to take out a scire facias against it. An act of parliament was passed in Britain for es tablishing an agreement with seven of the eight pro prietors for a surrender to the king of their right and interest not only in the government, but in the soil of the province. The purchase was made for 17,500 sterling. At the same time seven - eighths of the ar rears of quit - rents due from the colonists to the pro prietors, were purchased on behalf of the crown for £ 5000. The remaining eighth share of the province and of the arrears of quit - rents were reserved out of the purchase by a clause in the act of parliament, for John lord Carteret.

About the same time the province was subdivided by the name of North and South - Carolina. Upon a review of these transactions, we may ob serve ; that although the conduct of the carolinians, during this struggle, cannot be deemed conformable to the strict letter of written law, yet necessity and self preservation justify their conduct ; while all the world must applaud their moderation, union, firm ness, and wisdom.

When the proprietors first applied to the king for a grant of this large territory, at that time occupied by heathens, they said they were excited thereto by their zeal for the propagation of the christian faith ; yet they used no effectual endeavors for that purpose. The society for the propagation of the gospel, in foreign parts, employed and supported missionaries for the conversion of the heathens ; but their best endeavors were inadequate to the extent of the work. The proprietors by their charter were empowered to build churches, and cha pels, within the bounds of their province for divine worship ; yet they left the burden of this entirely to the inhabitants, who received no encouragement or assistance towards its accomplishment except from the society incorporated for the propagation of the gospel.

The proprietors were empowered by their charter to erect castles and forts for the protection and defence of the colony, but the people were obliged to raise all these at their own expense. By the charter his majesty saved to himself, his heirs and successors, the sovereign dominion of the province ; yet the proprietors assumed to themselves a despotic authority in repealing and abrogating laws made by the assembly, and ratified by their deputies in Carolina. They not only tyrannized over the colony, but employed and protected officers ten times more tyrannical than themselves. When the whole legislature complained of chief justice Trott, they paid no regard to their complaints and absolutely refused to remove him from the bench, or even to limit his jurisdiction.

In times of imminent danger, when the colony applied to them for assistance, they were either unable or unwilling to bear the expense of its protection. When the assembly allotted the lands obtained by conquest from the yamassee indians for the encouragement of settlers to strength en the provincial frontiers, the proprietors claimed the sole right of disposing of these lands, and frustrated a judicious plan for preserving public security. When the trade of the province was infested by pirates, the inhabitants could neither obtain a force sufficient to extirpate them, nor a confirmation of their laws made for defraying the expense of such expeditions as the assembly had fitted out against them.

The proprietors, at the request of the London merchants, had cried down the current money of the province stamped for answering the public exigencies. The people saw no end of their troubles.

Pressing disstress dictated the necessity of some remedy. No expedient appeared to them so proper and effec tual, as that of throwing themselves under the immediate care and protection of the crown of Great - Bri tain. Disgusted with the feeble proprietary government they therefore, by one bold and irregular effort, entirely shook it off ; and a revolution fruitful of happy consequences resulted to their great relief and unspeakable satisfaction.

From the first settlement of the colony, one per petual struggle subsisted between the proprietors of the province and the cultivators of its soil. A division somewhat similar to that of the court and country parties in England early sprung up in the settlement, and kept it in continual agitation. The people considered the proprietary claims of power as inconsistent with their rights ; hence they became turbulent, and were seldom satisfied with their governors in their public capacity, however esteemed and beloved as private men. The hands of govern ment were always weak, and the instructions, and regulations, received from England were for the most part ill adapted to the local circumstances of the people and the first state of colonization. The great distance and complicated hardships of the ca rolinians all concurred to render their revolutionary measures not only excusable, but necessary.

The revolution in England had exemplified and confirm ed the doctrine of resistance, when the executive ma gistrate violates the fundamental laws and subverts the constitution of the nation. The proprietors had done acts which, in the opinion of the lords in regency, amounted to a forfeiture of their charter ; and they had ordered a writ of scire facias to be taken out for repealing their patent and rendering the grant void. By these means all political connexion between the proprietors and people of Carolina was entirely dissolved, and a new relation formed ; the king having taken the province under his immediate care, and made it a part of the british empire.