Subject: Proprietary Government, Ramsay's History pp 14-19 From: Steven J. Coker Date: July 23, 1998 "To the Youth of Carolina, whose ancestors, collected from various nations of the old world, have coalesced into one in the new, and who, after two revolutions, in less than one century, having acquired liberty and independence, made a prudent use of these inestimable blessings, by establishing, on the basis of reason and the rights of man, a solid, efficient, and well balanced government, whose object is public good, whose end is public happiness, by which industry has been encouraged, agriculture extended, literature cherished, religion protected, and justice cheaply and conveniently administered to a rapidly increasing population. In hopes that the descendants of such sires will learn, from their example to love their country and cherish its interests, the following history is affectionately dedicated by the Author." -=-=-=-=-=-= RAMSAY'S HISTORY OF SOUTH CAROLINA From ITS FIRST SETTLEMENT IN 1670 TO THE YEAR 1808. by David Ramsay, M.D. Preface dated "Charleston, December 31st, 1808" Published in 1858, by W.J. Duffie, Newberry, S.C. Reprinted in 1959, by The Reprint Company, Spartanburg, S.C. Volume I, CHAPTER II, pp 14-19 CIVIL HISTORY OF SOUTH CAROLINA. CHAPTER II. Proprietary Government, from its Commencement in 1670, till its Abolition in 1719. In the course of the 130 years in which South Carolina increased from a handful of adventurers to 345,591 inhabitants, the government was changed, first from proprietary to regal; and, secondly, from regal to representative. The first continued forty-nine years, the second fifty-seven; and the third, after a lapse of thirty-two years, is now in the bloom and vigor of youth, promising a long duration. Near the end of the fifteenth century, the King of England, according to currently received opinions, obtained a property in the soil of North America, From the circumstance that Cabot, one of his subjects, was the first Christian who sailed along the coast. Property thus easily acquired, was with equal facility given away. Charles the Second, soon after his restoration to the throne of his ancestors, granted to Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkeley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkeley, and Sir John Colleton, all the lands lying between the 31st and 36th degree of north latitude. In two years more he enlarged the grant from the 29th degree of north latitude to 36° 30', and from these points on the sea coast westwardly in parallel lines to the Pacific ocean. Of this immense region the King constituted them absolute lords and proprietors, with the reservation of the dominion of the country to himself and successors. These extensive limits underwent many changes from the resumption of royal charters; treaties - particularly those of 1763 and 1783; royal instructions to governors; boundary lines run and settlements made by authorized commissioners; State cession to Congress; conquests from and treaties with Indians. The present situation and limits of South Carolina are as follows. It is situated in North America; between 32 and 35° 8' and 6° 10' west longitude, From Washington, the seat of government of the United States of America. North Carolina stretches along its northern and northeastern frontier; Tennessee along its northwestern, and Georgia along its southern frontier; and the Atlantic ocean bounds its eastern limits. South Carolina is bounded northwardly by a line commencing at a cedar stake marked with nine notches on the shore of the Atlantic ocean, near the mouth of Little river, then pursuing by many traverses a coast west-north-west, until it arrives at the fork of Catauba river; thence due west until it arrives at a point of intersection in the Apalachean mountains. From thence, due south until it strikes Chatuga, the most northern branch or stream of Tugoloo river. Thence along the said river Tugoloo to its confluence with the river Keowee; thence along the river Savannah, until it intersects the Atlantic ocean by its most northern mouth; thence northeastwardly, along the Atlantic ocean, including the islands, until it intersects the northern boundary near the entrance of Little river. These boundaries include an area somewhat triangular, of about 24,080 square miles; whereof 9,570 lie above the falls of the rivers, and 14,510 are between the falls and the Atlantic ocean. King Charles the Second also gave to the lords proprietors of Carolina authority to enact, with the assent of the freemen of the colony, any laws they should judge necessary; to erect courts of judicature, and to appoint judges, magistrates and officers; to erect forts, castles, cities and towns; to make war, and in case of necessity, to exercise martial law; to build harbors, make ports, and enjoy customs and subsidies, imposed with the consent of the freemen, on goods loaded and unloaded. The King also granted to the proprietors, authority to allow indulgences and dispensations in religious affairs, and that no person to whom such liberty should be granted was to be molested for any difference of speculative opinions with respect to religion, provided he did not disturb the peace of the community. The preamble of this grant states, "That the grantees being excited with a laudable and pious zeal for the propagation of the gospel, begged a certain country in the parts of America, not yet cultivated and planted, or only inhabited by some barbarous people who had no knowledge of God." Invested with these ample powers, the proprietors formed a joint stock for the transportation of settlers to their projected colony. To induce adventurers, they declared, "That all persons settling on Charles river, to the southward of Cape Fear, shall have power to fortify its banks, taking the oath of allegiance to the King, and submitting to the government of the proprietors: that the emigrants may present to them thirteen persons, in order that they may appoint a Governor and council of six, for three years: that an assembly, composed of the Governor, the council, and delegates of the freemen, should be called as soon as the circumstances of the colony would allow, with power to make laws, which should be neither contrary to the laws of England, nor of any validity after the publication of the dissent of the proprietors: that every person should enjoy the most perfect freedom in religion: that during five years every freeman should be allowed one hundred acres of land and fifty for every servant, paying only one half-penny an acre: that the same freedom from customs which had been conferred by the royal charter should be allowed to every one." Such were the original conditions on which Carolina was planted. And thus it was established upon the broad foundation of a regular system of freedom, both civil and religious. The proprietors, anxious to improve their property, with the aid of the celebrated John Locke, framed a constitution and laws for the government of their colony. These were in substance as follows: "The eldest of the eight proprietors was always to be Palatine, and at his decease was to be succeeded by the eldest of the seven survivors. This Palatine was to sit as President of the Palatine's Court, of which he and three more of the proprietors made a quorum, and had the management and execution of the powers, of their charter. This Court was to stand in room of the King, and give their assent or dissent to all laws made by the Legislature of the colony. The Palatine was to have power to nominate and appoint the Governor, who, after obtaining the royal approbation, became his representative in Carolina. Each of the seven proprietors was to have the privilege of appointing a deputy to sit as his representative in Parliament, and to act agreeably to his instructions. Besides a Governor, two other branches, somewhat similar to the old Saxon constitution, were to be established; an upper and lower House of Assembly: which three branches were to be called a Parliament, and to constitute the Legislature of the country. The parliament was to be chosen every two years. No act of the Legislature was to have any force unless ratified in open Parliament, during the same session, and even then to continue no longer in force than the next biennial Parliament, unless in the meantime it be ratified by the hands and seals of the Palatine and three proprietors. The upper house was to consist of the seven deputies, seven of the oldest landgraves and cassiques, and seven chosen by the Assembly. As in the other provinces, the lower house was to be composed of the representatives from the different counties and towns. Several officers were also to be appointed, such as an admiral, a secretary, a chief justice, a surveyor, a treasurer, a marshal, and register; and besides these, each county was to have a sheriff and four justices of the peace. Three classes of the nobility were to be established, called barons, cassiques, and landgraves; the first to possess twelve, the second twenty-four, and the third forty-eight thousand acres of land, and their possessions were to be unalienable. Military officers were also to be nominated; and all inhabitants, from sixteen to sixty years of age, as in the times of feudal government, when regularly summoned, were to appear under arms, and in time of war to take the field. With respect to religion, three terms of communion were fixed. First, to believe that there is a God. Secondly, that he is to be worshipped. And thirdly, that it is lawful, and the duty of every man when called upon by those in authority, to bear witness to the truth. Without acknowledging which, no man was permitted to be a freeman, or to have any estate or habitation in Carolina. But persecution for observing different modes and ways of worship, was expressly forbidden; and every man was to be left full liberty of conscience, and might worship God in that manner which he thought most conformable to the Divine will and revealed word. Notwithstanding these preparations, several years elapsed before the proprietors of Carolina made any serious efforts towards its settlement. In 1667 they fitted out a ship, gave the command of it to Captain William Sayle, and sent him out to bring them some account of the country. He sailed along the coast of Carolina, where he observed several large navigable rivers emptying themselves into the ocean; and a flat country covered with woods. He attempted to go ashore in his boat, but observing some savages on the banks of the rivers, he desisted. Having explored the coast and the mouths of the rivers, he returned to England. His report to the proprietors was favorable. He praised their possessions, and encouraged them to engage with vigor in the execution of their project. Thus encouraged, they began to make preparations for sending a colony to commence a settlement. Two ships were procured; on board of which a number of adventurers embarked with provisions, arms, and utensils requisite for building and cultivation. William Sayle, who had visited the country, was appointed the first Governor of it; and received a commission, bearing date July 26th, 1669. The expenses of this first embarkation amounted to twelve thousand pounds sterling. The settlers must have been few in number, and no ways adequate to the undertaking.* The country now called Carolina, on which they settled, was then an immense hunting ground filled with wild animals; overgrown with forests - partly covered with swamps, and roamed over, rather than inhabited, by a great number of savage tribes, subsisting on the chase and often at war with each other. Governor Sayle first landed at or near Beaufort, early in 1670, but soon moved northwardly and took possession of some high ground on the western banks of Ashley river, near its mouth; and there laid the foundations of old Charlestown. This was also abandoned; and in 1680 Oyster Point, at the confluence of Ashley and Cooper rivers, was fixed upon as the seat of government, and head-quarters of the settlement. Soon after his arrival governor Sayle died, and was succeeded by Joseph West; and he by Sir John Yeamans, who left the colony, and was succeeded by Joseph West on a second appointment. These changes took place in the short space of four years. The people, who had hitherto lived under a species of military government, began about this time to form a Legislature for establishing civil regulations. In the year 1674 the freemen of Carolina, meeting by summons at old Charlestown, elected Representatives for the government of the colony. There was now the Governor, and Upper and Lower House of Assembly; and these three branches took the name of Parliament. Of the laws passed by them nothing is known. The first law which has been found on record in the office of the Secretary of the Province, is dated May 26th, 1682; eight years subsequent to the first meeting of the first Parliament in Carolina. Many were the difficulties with which these settlers, had to contend. They were obliged to stand in a constant posture of defence. While one party was employed in raising their little habitations, another was always kept under arms to watch the Indians. While they gathered oysters with one hand for subsistence, they were obliged to carry guns in the other for self-defence. The only fresh provisions they could procure were fish from the river, or what game they could kill with their guns. They raised their scanty crops not only with the sweat of their brows, but at the risk of their lives. Except a few negroes, whom Sir John Yeamans and his followers brought with them from Barbadoes, there were no laborers but Europeans. Till the trees were felled, and the grounds cleared, domestic animals could afford to the planters no assistance. White men, exposed to the beat of the climate and the terrors of surrounding savages, had alone to encounter the hardships of clearing and cultivating the ground. Provisions, when raised, were exposed to the plundering parties of Indians. One day often robbed the planter of the dear-bought fruits of a whole year's toil. European grains, with which were made the first experiments of planting, proved suitable neither to soil nor climate. Spots of barren and sandy land, which were first and most easily cleared, poorly rewarded the toil of the cultivator. It was difficult for the proprietors to furnish a regular supply of provisions. All the horrors of a famine were anticipated. The people feeling much, and fearing more, threatened to compel the Governor to abandon the settlement.** One sloop was dispatched to Virginia, and another to Barbadoes to bring provisions. Before their return a supply arrived from England, together with some new settlers, which reanimated the expiring hopes of the colonists. * We have the authority of John Archdale, Governor of South Carolina in 1695, that the number of hostile Indians was considerably lessened about the time this settlement took place. In the second page of his description of South Carolina, printed in 1707, In London, he observed. "That in the first settlement of Carolina, the hand of God was eminently seen in thinning the Indians to make room for the English. As for example; in Carolina in which were seated two potent nations, called the Westoes and Savannahs, which contained many thousands, who broke out into an unusual civil war; and thereby reduced themselves into a small number: and the Westoes, the more cruel of the two, were at the last forced quite out of that province; and the Savannahs continued good friends and useful neighbors to the English. But again it at other times pleased Almighty God to send unusual sicknesses amongst them, as the small pox, &c., to lessen their numbers; so that the English, in comparison to the Spaniards, have but little Indian blood to answer for." ** A similar measure had been carried into effect by some French settlers, who had located themselves on the coast of Carolina, about 120 years before. Their settlement was abandoned in less than two years after its commencement, and was never renewed. [To be continued....] ==== SCROOTS Mailing List ==== Go To: #, A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, Main |