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 III, pp 31-39

CIVIL HISTORY OF SOUTH CAROLINA.  CHAPTER III. 
The Revolution in 1719, from Proprietary to Royal Government. 

In the administration of Robert Johnson, a revolution from proprietary to a
regal system of government was accomplished. The explosion took place in the
year 1719; but the train of events which occasioned it was of prior origin.
>From the first settlement of the province, short had been the intervals of
contention between the proprietors and the people; but from the year 1716,
various causes contributed to widen the breach and destroy all confidence
between them. One in particular, which had a decided influence, resulted from
the war of 1715, between South Carolina and the Yamassee Indians. While this
hard struggle was pending, the legislature made application to the proprietors
for their paternal help; but, being doubtful whether they would be inclined to
involve their English estates in debt for supporting their property in
Carolina, they instructed their agent, in case of failure with them, to apply
to the King for relief. The merchants entered cordially into the measure for
making application to the King, and perceived at once the many advantages
which would accrue to them from being taken under the immediate care and
protection of the crown. It was alleged that ships of war would soon clear the
coast of sea robbers, and give free scope to trade and navigation - that
forces by land would over-awe the warlike Indians - prevent their inroads, and
procure for the inhabitants peace and security. The people in general, were
dissatisfied with living under a government unable to protect them. They
therefore were very unanimous in the proposed application to the crown for
royal protection. 

About the middle of the year 1715 the agent for Carolina waited on the
proprietors, with a representation of the calamities under which their colony
labored from the ravages of Indians and the depredations of pirates. He
acquainted them that the Yamassees, by the influence of Spanish emissaries,
had claimed the whole country as their ancient possession; and had conspired
with many other tribes to assert their right by force of arms, and therefore
urged the necessity of sending immediate relief to the colony. But not being
satisfied with their answer, he petitioned the house of commons in behalf of
the distressed Carolinians. The commons addressed the King, praying for his
interposition and immediate assistance. The King referred the matter to the
lords commissioners of trade and plantations. The lords of trade made an
objection that the province of Carolina was one of the proprietary
governments; and were of opinion, that if the nation should be at the expense
of protecting it, the government thereof ought to be vested in the crown. Upon
which Lord Carteret wrote a letter to the following effect: "We, the
proprietors of Carolina, are utterly unable to afford our colony suitable
assistance in this conjuncture; and, unless his majesty will graciously please
to interpose, we can foresee nothing but the utter destruction of his
majesty's faithful subjects in those parts." The lords of trade asked Lord
Carteret, "What sum might be necessary for that service, and whether the
government of the colony should not devolve on the crown if Great Britain
should agree to bear the expense of its defence?" To which Lord Carteret
replied: "The proprietors submitted to his majesty what sum of money he should
be pleased to grant for their assistance; and in case the money advanced for
this purpose should not in a reasonable time be repaid, they humbly conceived
that then his majesty would have an equitable right to take the government
under his immediate care and protection." 

The same year a bill was brought into the House of Commons in England, for the
better regulation of the charter and proprietary governments in America; the
chief design of which was to reduce all charter and proprietary governments
into regal ones. Men conversant in the history of past ages, particularly in
that of the rise and progress of different States, had long foreseen the rapid
increase of American colonies; and wisely judged that it would be for the
interest of the kingdom to purchase them for the crown as soon as possible. 

One of the ostensible grounds on which the proprietors had obtained their
charter, was the prospect of their propagating the Gospel among the Indians.
Their total neglect of this duty, contrasted with the active policy of the
Spaniards at St. Augustine, was considered by the inhabitants as a procuring
cause of all their sufferings from the Yamassee war. To answer the public
exigences growing out of that war, large emissions of paper money were deemed
indispensable. While struggling amidst these hardships, the merchants of
London complained to the proprietors of the increase of paper money as
injurious to trade. In consequence of which they directed the Governor to
reduce it. These several matters formed a circle of embarrassment from which
the inhabitants saw no prospect of extrication, but from throwing themselves
on the crown for protection. They referred their war with the Indians to the
neglect of the proprietors in conciliating their affections. The proprietors,
when called upon to assist in repelling the attacks made by these neglected
Indians, declared themselves incompetent. On application for royal aid, they
were told by ministers that it was unreasonable to expect it while they were
the tenants of the proprietors. Disappointed of aid from both, they had made
exertions to defend themselves; but the proprietary Governor, agreeably to his
instructions, thwarted their endeavors to equalize and lessen the expenses of
the war by an emission of paper money. A dissatisfaction with the proprietors,
and an eagerness to be under the immediate protection of the crown, became
universal. 

This was increased from another source. The Yamassees being expelled from
Indian land, the Assembly passed two Acts to appropriate these lands gained by
conquest, for the use and encouragement of such of his Majesty's subjects, as
should come over and settle upon them. Extracts of these two Acts being
published in England, and Ireland, five hundred persons from Ireland
transported themselves to Carolina to take the benefit of them. But the whole
project was frustrated by the proprietors, who claimed these lands as their
property and insisted on the right of disposing of them as they thought fit.
Not long afterwards, to the utter ruin of the Irish emigrants, and in breach
of the provincial faith, these Indian lands were surveyed by order of the
proprietors for their own use, and laid out in large baronies. By this harsh
usage the old settlers, having lost the protection of the new comers, deserted
their plantation and left the frontier open to the enemy. Many of the
unfortunate Irish emigrants, having spent the little money they brought with
them, were reduced to misery and perished. The remainder removed to the
northern colonies. 

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 nominated 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 Rhett, 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 tyrannical, 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 sanguinary 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 defence,
and at the cost of the province. These public expenses consumed the fruits of
the planter's industry. The law appropriating the profits of the Indian trade,
for the public protection, had been repealed 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 ardently to wish
for those advantages, which other colonies enjoyed under the immediate care
and protection 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 proprietors that they
should repeal an act passed in Carolina 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 imported into that province." Accordingly, this act,
together with that "for regulating elections," and another "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 another 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 deliberating 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 acquaint the
Assembly immediately with the royal displeasure 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 instructions, 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 them. 

Chief Justice Trott was suspected of holding a private correspondence with the
proprietors, to the prejudice of the Carolinians. On that and several 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 had 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 same 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 no where but in England. The Assembly, however, sent a message to the
Governor and Council, requesting that they would concur in representing 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 address 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 would have been deprived of his seat but for the high respect
they had for Lord Carteret, the absent palatine, whose deputy he was. With
respect to Chief Justice Trott, they had too much confidence in his fidelity
and capacity to remove him from his office. On the contrary, they sent him a
letter thanking him for his excellent speech in defence of their right of
repealing all laws made in the colony, together with a copy of the articles of
complaint against him. At the same time they informed him that it was their
opinion, and order, that he should withdraw from the Council-board whenever
appeals from his judgments in the inferior courts were brought before the
Governor and Council as a Court of Chancery. 

Such was the result of Yonge's negotiation in Britain. The proprietors were
displeased with him, and also with Governor Johnson, for joining the other
branches of the Legislature in their late representation. By the return of
Yonge they sent out their repeal of the late popular acts of the Legislature,
their list of new counsellors, with positive orders to the Governor to publish
immediately the repeal of the late popular laws - to convene the new
Counsellors for the dispatch of business - to dissolve the Assembly chosen
according to the late act, and to cause a new Assembly to be elected according
to the old act which required all the electors to meet and vote in
Charlestown. 

Governor Johnson on receiving these new orders and instructions, instantly
foresaw the difficulty of executing them. Determined, however to comply, he
summoned his Council of twelve, whom the proprietors had lately nominated.
These were William Bull, Ralph Izard, Nicholas Trott, Charles Hart, Samuel
Wragg, Benjamin de la Consiliere, Peter St. Julian, William Gibbon, Hugh
Butler, Francis Yonge, Jacob Satur, and Jonathan Skrine. Some of these
accepted the appointment, but others refused to serve. Alexander Skene, Thomas
Broughton, and James Kinloch, members of the former board, being now left out
of the new list of counsellors, were disgusted and joined the people. The
present Assembly was dissolved; and writs were issued for electing another in
Charlestown, according to the ancient usage of the province. The general duty
act, from the proceeds of which all public debts were defrayed, and the act
respecting the freedom of election were repealed. In consequence of which,
public credit was destroyed, and the Colonists were obliged to have recourse
to the old inconvenient manner of elections in Charlestown. The act declaring
the right of the Commons to nominate a Public Receiver was also annulled, and
declared to be contrary to the usage of Great Britain. The Governor had
instructions to refuse his assent to all laws respecting the trade and
shipping of Great Britain, which any future Assembly might pass, until they
were first approved by the proprietors. The provincial debts incurred by the
Indian war, and the expedition against pirates not only remained unpaid, but
no more bills of credit were allowed to be stamped for answering the public
demands. The Colonists considered the new Council of twelve, instead of the
old one of seven, as an innovation in the proprietary government; exceeding
the chartered power granted their lordships, and subjecting them to a
jurisdiction 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,
instead 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 care. 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 depended 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 more. 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 forever annihilated. 

[To be continued....]

==== SCROOTS Mailing List ====