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Books: An Historical Account Of The Rise And Progress Of The Colonies Of South Carolina And Georgia, Volume 1

A >> Alexander Hewatt >> An Historical Account Of The Rise And Progress Of The Colonies Of South Carolina And Georgia, Volume 1

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From Charles the first Sir Robert Heath obtained a grant for an immense
territory lying to the southward of Virginia, which is now divided into
several distinct provinces, but made no settlement on it. Excepting a
small garison the Spaniards supported at Augustine, this country remained
a rude wilderness, the habitation of savages and wild beasts, till the
restoration. Soon after that important event several leading men of the
nation, actuated by a pious and laudable zeal for the propagation of the
Gospel, associated, and formed a design of settling it at their own
expence. To give an account of the rise and progress of this settlement,
especially of that division now called SOUTH CAROLINA, shall be our
business in the following pages of this history.




CHAP. II.


During the period of the usurpation in England, popular anarchy
prevailed, and levelled all ranks and distinctions throughout the nation.
The lineal heir of the crown being expelled, Oliver Cromwell, that
ambitious and crafty leader of the people, seized the reins of
government, and ruled England with a rod of iron for several years. The
nobles bowed to a fanatic, and the republican part of the constitution
preponderated to such a degree, that the other two became as nothing in
the balance.

When the restoration took place, to the great joy and happiness of the
nation, the nobles and royalists again stood forth, and assumed their
former dignity and weight in the government of their country. Domestic
peace being re-established on the solid foundation of regal and
constitutional authority, England, amidst other national objects, turned
her views toward the improvement of commerce, navigation, and her
colonies.

Hitherto the extensive territory of North America had been divided into
two districts, which were called South and North Virginia. All lands
lying towards the river St. Lawrence, from the northern boundaries of the
province now called Virginia, belonged to the northern, and all those to
the southward, as far as the Gulf of Florida, to the southern district.
And though the first European settlement in America was attempted in
Florida by the French, yet they were compelled to relinquish that place;
and the English, preferring what they esteemed a more favourable climate,
had hitherto neglected it.

[Sidenote] The first proprietors and their charter.

After the restoration, England began to recognize her claim to a large
territory in the southern district. In the year 1662, Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven, John Lord
Berkeley, Antony Lord Ashley, Sir George Carteret, Sir William Berkeley,
and Sir John Colleton, being apprized of the excellent soil of this
country, united and formed a project for planting a colony in it. Upon
application to the crown for a charter, Charles granted them all the
lands lying between the thirty-first and thirty-sixth degrees of north
latitude. Two years afterwards he confirmed this grant, and by a second
charter enlarged the boundaries of it, from the 29th degree of north
latitude to 36 degrees 30 minutes, and from these points on the sea-coast
westward in parallel lines to the Pacific ocean. Of this immense region
the king constituted them absolute lords and proprietors, saving to
himself, his heirs and successors the sovereign dominion of the country.
At the same time he invested them with all the rights, jurisdiction,
royalties, privileges and liberties within the bounds of their province,
to hold, use and enjoy the same, in as ample a manner as the bishop of
Durham did in that county palatine in England. This province they were to
hold and possess of the king, his heirs and successors, as of his manor
of East Greenwich in Kent, not _in capite_, or by knight's service, but
in free and common soccage.

These absolute lords and proprietors were by their charter empowered to
enact, and, under their seal, to publish any laws or constitutions they
judged proper and necessary to the public state of the province, with the
assent, advice and approbation of the freemen of the colony; to
constitute counties, baronies and colonies within the province; to erect
courts of judicature, and appoint civil judges, magistrates and officers;
to erect forts, castles, cities and towns; to make war; to levy, muster
and train men to the use of arms, and, in cases of necessity, to exercise
the martial law; to confer titles of honour, only they must be different
from those conferred on the people of England; to build harbours, make
ports, and enjoy customs and subsidies, which they, with the consent of
the freemen, should impose on goods loaded and unloaded; reserving the
fourth part of the gold and silver ore found within the province to the
crown. By the said charter the king granted them the patronage and
avowson of all churches and chapels, to hold and exercise the same
rights, powers and privileges as the bishop of Durham did in England: but
as it might happen that several of the inhabitants could not in their
private opinions conform to the exercise of religion, according to the
liturgy and ceremonies of the church of England; the proprietors had
power and authority granted them, to allow the inhabitants of the
province both indulgences and dispensations, as they in their discretion
should think proper and reasonable; and no person, to whom such liberty
should be granted, was to be molested, punished, or called in question
for any differences in speculative opinions with respect to religion; so
that all persons, of what denomination soever, had liberty to enjoy their
own judgments and consciences in religious concerns, provided they
disturbed not the civil order and peace of the province. And as the
assembly of freeholders could not be immediately called, the proprietors
had power granted them to make such orders and ordinances as might be
necessary to the government of the people and the preservation of peace,
and as were not repugnant to the laws and statutes of England. Liberty
was given to the king's liege subjects to transport themselves and
families to settle the province, only they were to remain immediately
subject to the crown of England, and to depend thereon for ever; and were
not compellable to answer to any cause or suit in any other part of his
majesty's dominions but in England and Wales.

[Sidenote] Of the foundamental constitutions.

Agreeable to the powers with which the proprietors were invested by their
charter, they began to frame a system of laws for the government of their
colony; in which arduous task they called in the great philosopher John
Locke to their assistance. A model of government, consisting of no less
than one hundred and twenty different articles, was framed by this
learned man, which they agreed to establish, and to the careful
observance of which, to bind themselves and their heirs for ever. But
there is danger of error, where speculative men of one country attempt to
sketch out a plan of government for another, in a different climate and
situation. This legislator must be acknowledged to have possessed great
abilities and merit; yet his fine-spun system proved in effect useless
and impracticable. Several attempts were afterwards made to amend these
fundamental constitutions, but all to little purpose; the inhabitants,
sensible of their impropriety, and how little they were applicable to
their circumstances, neither by themselves, nor by their representatives
in assembly, ever gave their assent to them as a body of laws, and
therefore they obtained not the force of fundamental and unalterable laws
in the colony. What regulations the people found applicable and useful,
they adopted at the request of their governors; but observed them on
account of their own propriety and necessity, rather than as a system of
laws imposed on them by British legislators.

As the proprietors were so fond of these constitutions, and expressed so
much zeal for their establishment, it may not be improper to give a short
and imperfect view of them, especially such as were allowed to take place
in the government of the colony. 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 all the powers of their
charter. This palatine's 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 agreeable 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 mean
time 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 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 summoned by the governor and grand
council, 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 to be 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 forbid, and every man was to be left
full liberty of conscience, and might worship God in that manner which he
in his private judgment thought most conformable to the divine will and
revealed word. This was the opinion of Mr. Locke with respect to
religious matters. He chose the word of God for his rule of life, and was
used to say, "That, at the day of judgment, it would not be asked whether
he was a follower of Luther or Calvin; but whether he embraced the truth
in the love of it."

[Sidenote] William Sayle visits Carolina.

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 coast.
In his passage Captain Sayle was driven by a storm among the Bahama
islands, which accident he improved to the purpose of acquiring some
knowledge of them; particularly the island of Providence, which he judged
might be of service to the intended settlement of Carolina; for, in case
of an invasion from the Spaniards, this island, fortified, might be made
to serve either as a check to the progress of their arms, or a useful
retreat to unfortunate colonists. Leaving Providence, 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 was obliged to drop his design; and, after
having explored the coast and the mouth of the rivers, he took his
departure and resumed to England.

[Sidenote] And is appointed the first governor of it.

His report to his employers, as might naturally be expected, was
favourable. He praised their possessions, and encouraged them to engage
with vigour in the execution of their project. His observations
respecting the Bahama islands induced them to apply to the king for a
grant of them. Charles bestowed on them by patent all those islands lying
between the 22d and 27th degrees of north latitude. Nothing then remained
but to make preparations for sending a colony to Carolina. 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 26, 1669.
The expences of this first embarkation amounted to twelve thousand
pounds, which vigorous effort was a proof that the proprietor entertained
no small hopes with respect to their palatinate. The number of men,
however, must have been inconsiderable, and no ways adequate to the
undertaking, especially when we consider the multitude of savages that
ranged through that extensive wilderness.

[Sidenote] Settles his colony on Ashley river.

In what place Governor Sayle first landed is uncertain; but he was
dissatisfied with his first situation, and, moving to the southward, took
possession of a neck of land between Ashley and Cooper rivers. The
earliest instructions we have seen upon record were directed to the
governor and council of Ashley river, in which spot the first settlement
was made that proved permanent and successful. This place, however, was
more eligible for the convenience of navigation than for the richness of
its soil. But to struggle amidst a complication of difficulties and
dangers was the lot of such adventurers; to surmount which, at this early
period, no small degree of fortitude, patience and perseverance must have
been requisite.

[Sidenote] Hardship of the first settlers, from the climate.

New settlers in all countries and climates are subject to many hardships,
especially such as are in low and indigent circumstances; but those of
the first settlers of Carolina must have equalled, if not surpassed,
every thing of the kind to which men in any age have been exposed. To
fell the trees of the thick forest, and build habitations for themselves,
would probably be their first employment, before they began to clear
their spots of ground for raising the necessaries of life. In such a low
country, and warm climate, even this task must have been a considerable
burden. But Carolina, like other level countries overflowed with water,
is productive of many disorders, such as putrid fevers, agues,
dysenteries, and the like; and to fix habitations on such places where
the exhalations from stagnated waters and marshy swamps poisoned the air,
must have rendered them extremely unwholesome. During the summer months
the climate is so sultry, that no European, without hazard, can endure
the fatigues of labouring in the open air: for the most part, the weather
during this season is very clear and serene, excepting when a
thunder-storm happens, which cools the air, suddenly stops perspiration,
and becomes exceedingly dangerous to labourers of little precaution.
Besides, the violent heat continues through the night, and denies the
weary workman the natural refreshment of sleep. The autumn introduces
cool evenings and mornings, while the noon-day is intolerably warm; which
change, together with the thick fogs that commonly fall at this season,
rendered it the most unhealthy division of the year. In winter, though
the degree of cold is not so great as in the more northern climates of
America, yet it is severely felt by the human body, exhausted and relaxed
with the summer heat; and when the wind shifts suddenly from any quarter
to the north-west or north, it blows extremely sharp and piercing, brings
along with it sometimes frost and snow, and renders the warmest clothing
requisite. The spring is the most temperate and delightful season of the
year: it begins early, and diffuses its enlivening influence over the
fields and forests. Experience had not yet taught the young colonists the
methods either of improving the advantages, or guarding against the
disadvantages of the climate, and therefore it is no wonder that they
found themselves involved at this period in a complication of hardships.

[Sidenote] And from the Indians.

To enhance their distress, they were surrounded with tribes of warlike
savages, who viewed them with a jealous eye, and were by no means pleased
at the encroachments made on their natural possessions. The tribes called
Stonoes and Westoes were particularly troublesome. The colonists, indeed,
were furnished with arms and ammunition from the storehouse of the
proprietors, yet as they lived in the midst of perpetual alarms, their
condition must have been deplorable. Nor did the musket give those
strangers to the woods such an advantage over the bow and arrow in the
hands of the Indians, as some people may be apt to imagine. The savage,
quick-sighted, and accustomed to perpetual watchfulness, springs from his
den behind a bush, and surprizes his enemy with the pointed arrow before
he is aware of danger. He ranges through the trackless forest like the
beasts of prey, and safely sleeps under the same canopy with the wolf and
bear. His vengeance is concealed, and sends the tidings in the fatal
blow. The first settlers were obliged to stand in a continual posture of
defence; and as they could not be supposed to understand the political
methods of managing their barbarous neighbors, they must have been
subjected to all the hardships arising from their ignorance and dangerous
condition.

While one party was employed in raising their little habitations, another
was always kept under arms, to watch the motions of these Indians. The
governor shared those hardships along with his fellow adventurers, and by
his example animated and encouraged them to perseverance. The only fresh
provisions they could procure were fish from the river, and what game
they could kill with their gun. While the settlers were struggling under
the difficulties inseparable from the first state of colonization, the
ship Blessing, belonging to the proprietors, commanded by Captain
Matthias Halstead, happily arrived, and brought them a seasonable supply
of necessaries. At the same time deputies from the other proprietors came
over, to assist the governor in the discharge of the duties of his
office. They brought with them twenty-three articles of instruction,
called Temporary Agrarian Laws, intended for the equitable division of
lands among the people; but whatever difficulties or inconveniencies
might occur in the execution of them, the governor had directions to
represent them to the proprietors, who had reserved to themselves the
sole power of making alterations in them. At the same time, the governor
received a plan of a magnificent town, to be laid out on the neck of land
between the two rivers, to be called Charlestown, in honour of the king.
Captain Halstead was employed, during his stay, in sounding the rivers,
for the benefit of navigation, which were found sufficiently deep, and
excellently calculated for the purposes of trade.

[Sidenote] Sir John Yeamans arrives at Carolina.

About this time the Duke of Albemarle, who was the first palatine, died,
and was succeeded by the Earl of Craven, as eldest proprietor. John
Locke, Sir John Yeamans, and James Carteret, were created landgraves, to
make part of the nobility required by the fundamental constitutions. Sir
John was the eldest son and heir of Robert Yeamans alderman of Bristol,
who was imprisoned and executed in 1643, by order of Nathaniel Fienes,
son to Lord Say, who had been appointed governor of Bristol by the
parliament. His son, Sir John, was afterwards advanced to the dignity of
baronet by King Charles the second in 1664, as a reward for the steady
loyalty and heavy sufferings of his father. But as the violence of the
preceding times, which had deprived Sir John of his father, had also
injured him in his private fortune, he embarked for the island of
Barbadoes, at that time in a flourishing condition, to hide his poverty
from his acquaintance in England, and endeavour to acquire a fortune
suitable to his dignity. When Carolina was settled, having received a
grant of a large tract of land from the proprietors, he, with several
respectable followers, retired to that infant colony, to forward by his
presence and example, the interest of his generous and beloved friends,
from whom he had received great encouragement and assistance.

[Sidenote] A.D. 1671.
[Sidenote] And is appointed governor.

Soon after his arrival in Carolina, Governor Sayle fell a sacrifice to
the hardships of the climate. Upon his death the council met, and Sir
John claimed the office of vice-palatine in consequence of his rank,
being the only landgrave resident in the colony. But the council, who
were empowered to elect a governor in such a case, chose to prefer Joseph
West, until a special appointment arrived from England. West was a
popular man, much esteemed among the colonists for his activity, courage,
and prudence. However, he did not long remain in office, for the first
vessel that arrived from England brought a commission to Sir John
Yeamans, constituting him governor of the colony.

[Sidenote] Various causes contribute to the settlement
of the country.

Here it may be remarked, that various causes contributed towards the
population of this settlement, as well as those in the more northern
climates. After the Restoration, a total change in the manners of the
English nation took place, and many of the people from the strictest
rigour and severity in point of morals, became profane, dissolute and
abandoned. The Cavaliers, who had suffered during the usurpation, began
to retaliate on the Puritans, and having obtained the ascendency over
them in public affairs, on all occasions treated them with severe
ridicule and supercilious contempt. On the other hand, the morose
republican party, highly offended at the licentious manners and growing
wickedness of the times, ardently wished for some distant retreat to
shelter themselves from the storm of divine judgments which they believed
hung over the corrupted and profligate nation. To prevent disturbances
from these different parties, Lord Clarendon, and many more of the king's
council, from maxims of policy, encouraged emigration, which they
considered as a sovereign remedy for political disorders. A new field was
opened in Carolina for discontented and turbulent spirits, to whom the
proprietors promised grants of land, upon condition they would transport
themselves and families to that quarter. They knew that industry was a
good cure for enthusiasm, and that enthusiasm was an excellent spur to
new and hazardous undertakings. The privilege of liberty of conscience
allowed to every one by the charter equally suited all parties, and
proved a great encouragement to emigration. New-England indeed had drawn
over many of the warmest and most turbulent republicans, and proved a
happy shelter to some against the terrors of future reckonings. Still,
however, multitudes remained in the nation, who, being discontented with
their present circumstances, were willing to seek for liberty of
conscience in the deserts of America. Accordingly, many dissenters
embraced the offers of the proprietors, and the infant colony received
its earliest acquisitions from this restless and troublesome party.

Other reasons of state contributed to render those new settlements
seasonably useful and important to the king. Several of his zealous
friends had been ruined by their steady adherence to his family during
the civil war, which had subverted the English monarchy; many brave
officers and soldiers of the royal army had been reduced to indigent
circumstances, for whom the king could make little provision in England;
these useful subjects and faithful friends merited the compassion of
their country, and being inured to face dangers, for landed estates were
willing to accept of grants in the neighbourhood of Indian savages. By
this time several of the settlers in Virginia and Barbadoes had been
successful, and having surmounted the difficulties attending the first
state of colonization, were living in easy and plentiful circumstances.
The lands of Carolina were esteemed equal, if not superior in value, to
those of the northern colonies. Here the servants of the king could
provide for his friends without any expence to the nation, and by this
means not only secured their attachment, but also extended his power.
Grants of land were allowed them in Carolina by the proprietors, where it
was thought they might in time enrich themselves, and become beneficial
to the commerce and navigation of the mother country.

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