Part 21

After this the members of Convention attended, and, escorted by the militia, publicly marched to the fort, and there declared 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 next proceeded to the election of twelve counsellors, of whom Sir Hovenden Walker was made president. In this, however, it is remarkable, that they assumed a right and power to themselves which they had refused to the Proprietors, and made one of the principal articles of complaint against them. So that the revolutioners had now their Governor, Council and Convention, and all of their own free election. In consequence of which the delegates met, and, in the first place, resolved to publish their declaration, to the following effect: "Whereas the Proprietors of this province have of late assumed to themselves an arbitrary and illegal power, of repealing such laws as the General Assembly of this settlement have thought fit to make for the preservation and defence thereof, and acted in many other things contrary to the laws of England, and the charter to them and us, freemen, granted; whereby we are deprived of those measures we had taken for the defence of the settlement, being the south-west frontier of his majesty's territories in America, and thereby left naked to the attacks of our inveterate enemies and next-door neighbors the Spaniards, from whom, through the divine Providence, we have had a miraculous deliverance, and daily expect to be invaded by them, according to the repeated advices we have from time to time received from several places: And whereas, pursuant to the instructions and authorities to us given, and trust in us reposed by the inhabitants of this settlement, and in execution of the resolutions by us made, we did in due form apply ourselves in a whole body, by an address, to the honourable Robert Johnson, appointed governor of this province by the Lords Proprietors, and desired him, in name of the inhabitants of this province, to take upon him the government of the same, and in behalf of his majesty the King of Great Britain, France, and Ireland, until his majesty's pleasure had been known, which the said Governor refusing to do, exclusive of the pretended power of the Lords Proprietors over the settlement, has put us under the necessity of applying to some other person, to take upon him, as Governor, the administration of all the affairs civil and military within the settlement, in the name and for the service of his most sacred majesty, as well as making treaties, alliances and leagues with any nation of Indians, until his majesty's pleasure herein be further known: And whereas James Moore, a person well affected to his present majesty, and also zealous for the interest of the settlement, now in a sinking condition, has been prevailed with, pursuant to such our application, to take upon him, in the King's name, and for the King's service and safety of the settlement, the above-mentioned charge and trust: We therefore, whose names are hereunto published, the representatives and delegates of his majesty's liege people and free-born subjects of the said settlement, now met in convention at Charlestown, in their names, and in behalf of his sacred Majesty George, by the grace of God King of Great Britain, France, and Ireland, in consideration of his former and many great services, having great confidence in his firm loyalty to our most gracious King George, as well as in his conduct, courage, and other great abilities; do hereby declare the said James Moore his majesty's Governor of this settlement, invested with all the powers and authorities belonging and appertaining to any of his majesty's governors in America, till his majesty's pleasure herein shall be further known. And we do hereby for ourselves, in the name and on the behalf of the inhabitants of the said settlement, as their representatives and delegates, promise and oblige ourselves most solemnly to obey, maintain, assist and support the said James Moore, in the administration of all affairs civil and military within this settlement, as well as in the execution of all his functions aforesaid, as Governor for his sacred majesty King George. And further, we do expect and command, that all officers both civil and military within the settlement, do pay him all duty and obedience as his majesty's Governor, as they shall answer to the contrary at their utmost peril. Given under our hand, at the Convention, this 21st day of December, 1719."

Governor Johnson, after this public and solemn declaration, perceiving his power totally overthrown, and the current too violent and strong for him to withstand, had little hopes of recalling them to the obedience of proprietary authority. Still, however, he flattered himself, that such men as had usurped the government in opposition to lawful authority would not long remain in a state of union, harmony and peace among themselves. The first unpopular step of their Governor might create disturbance and disaffection; the first difference among the leading men might divide them into parties: he determined to wait for such occurrences, and to improve them towards recovering his power and command. In the mean time 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.

[Sidenote] The Governor transmits an account of the whole proceedings to the Proprietors.

That the proprietors in England might have notice of what had happened though a proper channel, Governor Johnson drew up a slate of the whole proceedings, and transmitted it them. He told them that the colonists had long laboured under difficulties and hardships, by debts contracted in the Indian war, and in protecting their trade against pirates; that an unhappy difference had broke out between their Lordships and the people, about the privileges of their charter; that some of the richest of the inhabitants had persuaded the rest, that neither they themselves nor their posterity could ever be safe in their persons, or secure in their properties, without the protection of the crown: that they had therefore with one accord disclaimed and renounced all obedience to their Lordships, and put themselves under the care and government of the King; that he, though earnestly solicited by them, had refused to govern them in any other way, than as commissioned and appointed by the Lords proprietors; that the people for that reason had shaken off his authority and chosen another Governor for themselves in name and behalf of the Kind: In short, that the revolution was in no way occasioned by his imprudence or mal-administration, and therefore he hoped, whatever might be the issue, that their Lordships would use their interest to continue him in the government of the province. To the same purpose he wrote to the Lords Commissioners of trade and plantations, who were no friends to the proprietary governments in America, and waited for such a favourable season as now offered in Carolina to purchase every one of them for the crown.

[Sidenote] The Revolutioners appoint new officers, and establish their authority.

In the mean time the members of the popular legislature were going on, and with all their diligence and skill regulating public affairs. The representatives of the people took a dislike to the name of a Convention, as different from that of the other regal governments in America, and therefore 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, by becoming obsequious to the humours of the revolutioners, secured to themselves the same offices they held from the Proprietors. Colonel Barnwell was chosen agent for the province, and embarked for England, with instructions and orders to apply only to the King, to lay a slate of their public proceedings before him, praying him to take the province under his immediate care and protection. A new duty-law and others for raising money to defray the various expences of government were passed. The fortifications at Charlestown they ordered to be immediately repaired, and William Rhett, whom every one esteemed a friend to the revolution, was nominated Inspector-general of the Repairs. To their new Governor they voted two thousand five hundred pounds, and to their Chief Justice eight hundred current money, as yearly salaries. To their agent in England one thousand pounds sterling was transmitted: and to defray those and the other expences of government, a law was passed for laying a tax on lands and negroes, to raise thirty thousand pounds Carolina-money, for the service of the current year. In short, this popular assembly imposed such burdens on their constituents, as under the proprietary government would have been deemed intolerable grievances.

In consequence of the tax-act, when they began to levy those heavy tales, Governor 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, Mr. Johnson was exempted; but they resolved to compel every other person to submit to their jurisdiction, and yield implicit obedience to their laws. They forcibly seized the effects or negroes of such as refused, sold them at public auction, and applyed the money for the payment of their taxes. Thus, in spite of all opposition, they established themselves in the full possession of government, both in their legislative and executive capacities.

[Sidenote] In vain the Governor attempts to disconcert them. [Sidenote] Rhett refuses obedience to his orders.

Governor Johnson, though obliged to stand at a distance, carefully observed their progress, and was not a little mortified by their great success. He however still persisted in throwing every obstacle possible in their way: he wrote to William Rhett, who was not only the Proprietors Receiver-general, but also Comptroller of the customs, a letter to the following effect; informing him, That "as the people had found means to hinder all masters of ships from coming to him as the Governor clearances, and from clearing in the lawful secretary's offices, notwithstanding the laws of trade made such neglects the forfeiture of ship and cargo, and the naval officer, by his orders, did all he could to induce them to act according to law: and as he was sensible that the defection was so general, and his authority so depressed, that he had no power left to punish them for disobedience; he therefore could think of no other way to oblige them to their duty but by stopping their obtaining clearances from the custom-house officers, until they paid their duty to him as the lawful governor of the province. He therefore desired Mr. Rhett would consult his powers and instructions as Surveyor and Comptroller of the customs, and act in this affair as he should think agreeable to them, to the laws of trade, and to the service of his majesty, and of the Lords Proprietors." Indeed it must be acknowledged, had Rhett so far consulted the interest of the Proprietors, as to have commanded the officers of the customs to do their duty, according to the Governor's project, it would have given the revolutioners no small trouble. They would have had the mortification to see the masters of ships disowning their authority, and going only to that office where they could obtain authentic and legal clearances. The fees due to the Governor and Secretary would also have gone in their usual channel, which otherwise were transferred to such persons as had no just right, nor even the smallest pretensions to them. But Rhett's enmity to the Governor, and his prospects of profit from the prevailing party, induced him to neglect the duties of his station. He had already joined, or at least seemed to join, the revolutioners, being determined to retain at all events his places of profit and emolument. The countenance and encouragement he had given the people, they considered as a justification of their measures; and though they had passed a vote, that no person who held an office under the Proprietors should be permitted to continue in it, yet, as they found Rhett so obsequious to their views, they thought proper to dispense with it for an acquisition of such importance. They not only allowed him to continue in his former offices, but also made him Lieutenant-General of the militia, and Overseer to the works in repairing the fortifications. So that, instead of giving assistance to Governor Johnson for supporting the interest and power of the proprietary government, he shamefully deserted him, betrayed his trust, and joined the revolutioners.

[Sidenote] And preserves the confidence of the Proprietors.

Rhett, nevertheless, to the astonishment of every one, still maintained his credit with the Proprietors, and had the art to persuade them he had done done all out of zeal for the service of his majesty, and for the good of the province. He wrote them two letters, giving them an account of all that had happened, and assuring them he had accepted of a commission from Mr. Moore, in order the more effectually to promote their interest, by giving him an opportunity of conversing freely with the people, and persuading them to return to their duty and allegiance. He represented the inflexibility of Governor Johnson as one source of the discontent and defection of the people, and utterly inconsistent with good policy. He told them, that there are times when the minds of men will not bend to authority, when the rigid exertion of power defeats its end, and when lenity becomes a more efficacious remedy against disaffection to government than severity. The Proprietors believed him, and such was their confidence in his honour and fidelity, that they sent him a letter expressing their approbation of his conduct, in the following words: "We have received your letters, wherein you give us a melancholy account of the present confused government of our province, and of the great consternation of the inhabitants, from the dreadful apprehension they have of a foreign invasion. But since they have been so unfortunate as to bring themselves into so much confusion, we are not a little pleased that your zeal for the service of his majesty, and the safety of the province, has engaged you to take upon you the command of the forces; for as, by your command of the said forces, you formerly defended and saved the country from the insults of an invading enemy, so we doubt not but you will again use your utmost skill to free your same fellow-subjects from the imminent danger they at present labour under. And since you have taken upon you the same command, we earnestly intreat you, that, with the greatest application, you will continue your endeavours in that command for the safety and preservation of the province, until you shall hear farther from us: We wish you all imaginable success, and bid you heartily farewell."

[Sidenote] Further attempts of the Governor to recal the people.

In the mean time Governor 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 Island, and it was uncertain which of the two they would first attack. At this time of imminent danger the Governor again attempted to recal the people to subjection and obedience, and sent the following letter to the Convention. "I flatter myself that the invasion which at present threatens the province, has awakened a thought in you of the necessity there is of the forces acting under lawful authority and commission. The inconveniences and confusion of not admitting it are so obvious, I need not mention them. I have hitherto borne the indignities put upon me, and the loss I sustain by being out of my government, with as much temper as the nature of the thing will admit of, till such time as his majesty's pleasure shall be known. But to have another man to assume my authority when danger threatens the province and action is expected, and to be deprived of the opportunity of serving the public in my station, as I am indispensibly bound to do upon such occasions, I being answerable to the King for any neglect regarding the welfare of the province, is what I cannot patiently endure. I am willing with my council to consult and advise with you for the good and safety of the country in this time of imminent danger, as a Convention of the people, as you first called yourselves; nor do I see, in this present juncture of affairs, any occasion for formality in our proceedings, or that I explain by whose authority I act in grants of commissions or other public orders. Mr. Moore's commission you have given him does not pretend to say that it is derived from the King. You have already confessed I am invested with some authority of which you approve, and that is enough. What I insist upon is, to be allowed to act as Governor, because I have been approved of by the King. I do not apprehend there is any necessity of doing any thing at present but what relates to military affairs; and I do believe people will be better satisfied, more ready to advance necessaries, to trust the public, and obey my commands, by virtue of the King's authority which I have, if left to their liberty, than the orders of any other person in the province; and in a short time we may expect his majesty's pleasure will be known. If my reasons have not the weight with you I expect they should, you ought at least to put it to the vote, that, if a majority should be against it, I may have that to justify myself to the King and the world, who ought to be satisfied that I have done all I can for serving the country, and discharging the duty of my station."

By this letter Governor Johnson thought to alarm and terrify the people, by representing the dangerous consequences of military operations under unlawful authority; but they remained firm to their purpose, and the Convention, without taking any notice of it, continued to do business with Mr. Moore as they had begun. Sir Hovenden Walker, the President of their Council, being disgusted at their proceedings, left them and retired to his plantation; but they chose Richard Allein in his stead, and proceeded to concert measures for the public defence. They pronounced the martial law, and ordered all the inhabitants of the province to Charlestown for its defence. All the officers of the militia accepted their commissions from Mr. Moore, and engaged to stand by him against all foreign enemies. For two weeks the Provincial militia were kept under arms at Charlestown every day expecting the appearance of the Spanish fleet; which they were informed had sailed from the Havanna. Happily for them, to acquire possession of both sides of the Gulf of Florida, and secure the navigation through this stream, the Spaniards had 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 met with a sharp repulse at Providence, and soon after they lost the greatest part of their fleet in a storm.

[Sidenote] The Governor's last attempt to recover his authority.

The Spanish expedition having thus proved abortive, the Flamborough man of war, commanded by Captain Hildesley, returned to her station at Charlestown from Providence island. About the same time his Majesty's ship Phoenix, commanded by Captain Pierce, arrived from a cruize. The commanders of these two men of war were carressed by both parties, but they publicly declared for Governor Johnson as the magistrate invested with legal authority. Charles Hart, secretary of the province, by orders from the Governor and 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 licence from Governor Johnson, as the only legal Ordinary of the province. These inconveniencies having begun to operate, rendered several of the people more cool in their affection for the popular government. At this juncture Governor Johnson, with the assistance of the captain and crews of the ships of war, made his last and boldest effort for subjecting the colonists to his authority. He brought up the ships of war in front of Charlestown, and threatened their capital with immediate destruction, if they any longer refused obedience to legal authority. But the people having both arms in their hands for defence, and forts in their possession to which they could retreat, bid defiance to his power, and shewed him plainly that they were neither to be won by flattery, nor terrified by threats, to submit their necks any more to the proprietary yoke; and therefore for the future Governor Johnson dropt all thoughts of making any more attempts for that purpose.

[Sidenote] Injurious suspicions with regard to the conduct of the Governor.