Subject: The Revolution in 1719, pp 31-39 From: Steven J. Coker Date: July 26, 1998 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 ==== 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 |