Part 9

During the reign of the infatuated King James II. the English nation, oppressed by a Popish faction, and apprehensive about their civil and religious liberties, were ripe for a revolt; and, upon his abdication, William Prince of Orange accepted of the English crown, on such terms as the Parliament thought proper to offer it. Though history can furnish few examples of a daughter conspiring with subjects to exclude her father from the throne, and then accepting of a crown from his head; yet, by this Revolution the long-contested boundaries between the prerogative of the king and the rights and liberties of the people, were more clearly marked and determined than they had been in any former period, to the great relief and happiness of the nation. This event is distinguished in the annals of England as the era of freedom; and it must be confessed, that the change has been productive of many important and happy consequences.

As nothing tends more to the increase of industry and commerce than religious toleration, and great freedom to scrupulous consciences, soon after the Revolution an act passed in parliament, for exempting his majesty's Protestant subjects from the penalties of certain laws, under which they had formerly suffered great severities. King William and his council, at that juncture, wisely judged, that such a law might be of excellent use in removing the complaints of many of his good subjects, and uniting their minds in interest and affection. Though the variances of Whigs and Tories may have sometimes obstructed the salutary effects of this law, yet it must be acknowledged to have answered many wise and valuable purposes to the nation.

[Sidenote] The French refugees meet with encouragement.

In the history of England, nothing is found to redound more to the honour of the people than their signal and uncommon acts of generosity and humanity. Even in the reign of King James large collections had been made for the distressed French refugees. After King William's accession to the throne, the parliament voted fifteen thousand pounds sterling to be distributed among persons of quality, and all such as through age or infirmities were unable to support themselves or families. To artificers and manufacturers encouragement was offered in England and Ireland, who have contributed not a little to the improvement of the silk and linen manufactures of these kingdoms. To husbandmen and merchants agreeable prospects were opened in the British colonies. In 1690, King William sent a large body of these people to Virginia. Lands were allotted them on the banks of St. James's river, which by their diligence and industry they soon improved into excellent estates. Others purchased lands from the proprietors of Carolina, transported themselves and families to that quarter, and settled a colony on Santee river. Others, who were merchants and mechanics, took up their residence in Charlestown, and followed their different occupations. At this period these new settlers were a great acquisition to Carolina. They had taken the oath of allegiance to the king, and promised fidelity to the proprietors. They were disposed to look on the colonists, whom they had joined, in the favourable light of brethren and fellow-adventurers, and though they understood not the English language, yet they were desirous of living in peace and harmony with their neighbours, and willing to stand forth on all occasions of danger with them for the common safety and defence.

[Sidenote] Philip Ludwell appointed governor.

About the same time Philip Ludwell, a gentleman from Virginia, being appointed governor of Carolina, arrived in the province. Sir Nathaniel Johnson, who had been general of the Leeward Islands in the reign of King James, being created a Cassique of Carolina, after the Revolution retired to that country, and took his seat as a member of the council. The proprietors having found the fundamental constitutions disagreeable to the people, and ineffectual for the purposes of government, repealed all their former laws and regulations, excepting those called Agrarian Laws, and sent out a new plan of government to Mr. Ludwell, consisting of forty-three articles of instruction, for the better management of their colony. The inhabitants, who had been long in a confused and turbulent stare, were enjoined to obedience and submission. Liberty was granted to the representatives of the people to frame such laws as they judged necessary to the public welfare and tranquillity, which were to continue in force for two years, but no longer, unless they were in the mean time ratified and confirmed by the palatine and three more proprietors. Lands for the cassiques and landgraves were ordered to be marked out in square plats, and freedom was granted them to chuse their situation. Hitherto the planters remained utter strangers to the value and fertility of the low lands, the swamps were therefore carefully avoided, and large tracts of the higher lands, which were esteemed more precious, were surveyed, and marked out for estates by the provincial nobility.

[Sidenote] Harsh treatment of the colonists to the refugees.

Governor Ludwell, who was a man of great humanity, and considerable knowledge and experience in provincial affairs, by those large estates which were allowed the leading men, and the many indulgences he was authorized to grant to others, had the good fortune to allay the ferment among the people, and reconcile them to the proprietors. But this domestic tranquility was of short duration. New sources of discontent broke out from a different quarter. He had instructions to allow the French colony settled in Craven county, the same privileges and liberties with the English colonists. Several of the refugees being possessed of considerable property in France, had sold it, and brought the money with them to England. Having purchased large tracts of land with this money, they sat down in more advantageous circumstances than the poorer part of English emigrants. Some of them, who had gone to the northern provinces, hearing of the kind treatment and great encouragement their brethren had received in Carolina, came to southward and joined their countrymen. Having clergymen of their own persuasion, for whom they entertained the highest respect and veneration, they were disposed to encourage them as much as their narrow circumstances would admit. Governor Ludwell received the wandering foreigners with great civility, and was not a little solicitous to provide them with settlements equal to their expectations. While these refugees were entering on the hard task of clearing and cultivating spots of land, encouraging and relieving each other as much as was in their power, the English Settlers began to revive the odious distinctions and rooted antipathies of the two nations, and to consider them as aliens and foreigners, entitled by law to none of the privileges and advantages of natural-born subjects. The governor had instructions to allow them six representatives in assembly; this the Englishmen considered as contrary to the laws of the land, and beyond the power of the proprietors, who were subject to the laws, to grant. Instead of considering these persecuted strangers in the enlarged light of brethren descended from the same common parent, and entitled to the free blessings of Providence; instead of taking compassion on men who had sought an asylum from oppression in their country, whom they were bound to welcome to it by every tie of humanity and interest; they began to execute the laws of England respecting aliens in their utmost rigour against them. Their haughty spirit could not brook the thoughts of sitting in assembly with the rivals of the English nation for power and dominion, and of receiving laws from Frenchmen, the favourers of a system of slavery and absolute government. In this unfavourable light they were held forth to the people, to the great prejudice of the refugees; which sentiments, however narrow and improper, served to excite no small jealousies and apprehensions in their minds, with respect to these unhappy foreigners.

Hard as this treatment was, this violent party did not stop here. They insisted, that the laws of England allowed no foreigners to purchase lands in any part of the empire under her supreme jurisdiction, and that no authority but the house of commons in Britain could incorporate aliens into their community, and make them partakers of the rights and privileges of natural-born Englishmen; that they ought to have been naturalized by parliament before they obtained grants of lands from the proprietors; that the marriages performed by their clergymen, not being ordained by a bishop, were unlawful; and that the children begotten in those marriage could be considered in law in no other light as bastards. In short, they averred, that aliens were not only denied a seat in parliament, but also a voice in all elections of members to serve in it; and that they could neither be returned on any jury, nor sworn for the trial of issues between subject and subject.

The refugees, alarmed at these proceedings, and discouraged at the prospects of being deprived of all the rights and liberties of British subjects, began to suspect that the opposition of England would fall heavier upon them than that of France from which they had fled. Dejected at the thoughts of labouring they knew not for whom, if their children could not reap the fruits of their labours, or if their estates should escheat to the proprietors at their decease, they could consider themselves only as deceived and imposed upon by false promises and prospects. After holding several consultations among themselves about their deplorable circumstances, they agreed to state their case before the proprietors, and beg their advice. In answer to which the Proprietors instructed Governor Ludwell to inform them, that they would enquire what does in law qualify an alien born for the enjoyment of the rights and privileges of English subjects, and in due time let them know; that, for their part, they would take no advantages of the present grievous circumstances of the refugees; that their lands should descend to such persons as they thought proper to bequeath them; that the children of such as had been married in the same way were not deemed bastards in England, nor could they be considered as such in Carolina, where such unlimited toleration was allowed to all men by their charter. Though this served in some measure to compose the minds of the refugees, yet while the people harboured prejudices against them the relief was only partial; and, at the next election of members to serve in assembly, Craven county, in which they lived, was not allowed a single representative.

[Sidenote] The manner of obtaining lands.

From the first settlement of the colony, the common method of obtaining lands in it was by purchase, either from the Proprietors themselves, or from officers commissioned by them, who disposed of them agreeable to their directions. Twenty pounds sterling for a thousand acres of land, and more or less, in proportion to the quantity, was commonly demanded, although the proprietors might accept of any acknowledgment they thought proper. The emigrants having obtained warrants, had liberty to go in search of vacant ground, and to pitch upon such spots as they judged most valuable and convenient. This was surveyed, and marked out to them, according to the extent of their purchase, and plats and grants were signed, registered and delivered to them, reserving one shilling quitrent for every hundred acres, to be paid annually to the Proprietors. Such persons as could not advance the sum demanded by way of purchase, obtained lands on condition of paying one penny annual-rent for every acre to the landlords. The former, however, was the common method of obtaining landed estates in Carolina, and the tenure was a freehold. The refugees having purchased their estates, and meeting with such harsh treatment from the colonists, were greatly discouraged, and apprehensive, notwithstanding the fair promises of the Proprietors, they had escaped one abyss of misery only to plunge themselves deeper into another.

[Sidenote] Juries chosen by ballot.

The manner of impannelling juries in Carolina being remarkably fair and equitable, justly claims our particular notice. Juries here are not returned by sheriffs, whose ingenuity and integrity are well known, particularly in England; but according to an article in the fundamental constitutions. The names of all the freemen in the colony being taken down on small pieces of parchment of equal size, they are put into a ballot-box, which is shaken on purpose to mix them, and out of which twenty-four names are drawn, at every precinct court before it rises, by the first boy under ten year of age that appears; which names are put into another box, and twelve out of the twenty-four are drawn by another boy under the same age, and summoned to appear at the next meeting of court; which persons are the jury, provided no exceptions are taken against any of them. If any of them are challenged by the prisoner, the boy continues drawing other names till the jury be full. In this mild and fair manner prisoners are tried, which allows them every chance for life humanity can suggest or require: for after the most careful examination of witnesses, and the fullest debate on both sides from the bar, the jury have instructions about the evidences given, and the point of law which is to guide them in their decision, from the bench; and are shut up in a room, where they must remain until they agree, and return their unanimous verdict, guilty or not guilty.

[Sidenote] Pirates favored by the colonists.

Notwithstanding the excellence of this form of trial, it must be confessed that justice has not always had its free course, nor been administered with impartiality by the officers and judges appointed by the proprietors for this purpose. Pirates, for instance, are a body of men whom all civilized nations are bound in honour and justice to crush; yet, instead of this, by bribery and corruption they often found favour with the provincial juries, and by this means escaped the hands of justice. About this time forty men arrived in a privateer called the Royal Jamaica, who had been engaged in a course of piracy, and brought into the country treasures of Spanish gold and silver. These men were allowed to enter into recognizance for their peaceable and good behaviour for one year, with securities, till the governor should hear whether the proprietors would grant them a general indemnity. At another time a vessel was shipwrecked on the coast, the crew of which openly and boldly confessed, they had been in the Red sea plundering the dominions of the Great Mogul. The gentleness of government towards those public robbers, and the civility and friendship with which they were treated by the people, were evidences of the licentious spirit which prevailed in the colony. For although all men ought to be tender of the lives of their fellow-creatures, and permit ten guilty persons to escape rather than one innocent man should suffer; yet, to bring pirates to justice is a duty which both national honour and the common welfare of society necessarily require. For if we allow such public robbers to escape with impunity, it may be attended with serious and fatal consequences; it may prove the occasion of war and bloodshed to nations in general, to the prejudice of navigation, and the destruction of many innocent lives, which might have been prevented by proper and legal punishments. The Proprietors were disposed to consider piracy in this dangerous light, and therefore instructed Governor Ludwell to change the form of electing juries, and required that all pirates should be tried and punished by the laws of England made for the suppression of piracy. Before such instructions reached Carolina, the pirates, by their money and freedom of intercourse with the people, had so ingratiated themselves into the public favour, that it was become no easy matter to bring them to trial, and dangerous to punish them as they deserved. The courts of law became scenes of altercation, discord, and confusion. Bold and seditious speeches were made from the bar, in contempt of the Proprietors and their government. Since no pardons could be obtained but such as they had authorised the governor to grant, the assembly took the matter under deliberation, and fell into hot debates among themselves about a bill of indemnity. When they found the governor disposed to refute his assent to such a bill, they made a law impowering magistrates and judges to put in force the _habeas corpus_ act made in England. Hence it happened, that several of those pirates escaped, purchased lands from the colonists, and took up their residence in the country. While money flowed into the colony in this channel, the authority of government was a barrier too feeble to stem the fide, and prevent such illegal practices. At length the proprietors, to gratify the people, granted an indemnity to all the pirates, excepting those who had been plundering the Great Mogul, most of whom also found means of making their escape out of the country.

In this community there subsisted a constant struggle between the people and the officers of the Proprietors: the former claimed great exemptions and indulgences, on account of their indigent and dangerous circumstances; the latter were anxious to discharge the duties of their trust, and to comply with the instructions of their superiors. When quitrents were demanded some refused payment, others had nothing to offer. When actions were brought against all those who were in arrears, the poor planters murmured and complained among themselves, and were discontented at the terms of holding their lands, though, comparatively speaking, easy and advantageous. It was impossible for any governor to please both parties. The fees also of their courts and sheriffs were such, that, in all actions of small value, they exceeded the debt to be recovered by them. To remedy this inconvenience, the assembly made a law for empowering justices of the peace to hear, and finally to determine, all causes of forty shillings sterling value and under. This was equally agreeable to the people, as it was otherwise to the officers of justice. At length, to humour the planters, the governor proposed to the assembly, to consider of a new form of a deed for holding lands, by which he encroached on the prerogative of the proprietors, who had referred to themselves the sole power of judging in such a case, incurred their displeasure, and was soon after removed from the government.

[Sidenote] Thomas Smith appointed governor.

To find another man equally well qualified for the trust, was a matter at this time of no small difficulty to the Proprietors. Thomas Smith was a man possessed of considerable property, much esteemed by the people for his wisdom and sobriety; such a person they deemed would be the most proper to succeed Ludwell, as he would naturally be both zealous and active in promoting the prosperity and peace of the settlement. Accordingly a patent was sent out to him creating him a landgrave, and, together with it, a commission investing him with the government of the colony. Mr. Ludwell returned to Virginia, happily relieved from a troublesome office, and Landgrave Smith, under all possible advantages, entered on it. He was previously acquainted with the state of the colony, and with the tempers and complexions of the leading men in it. He knew that the interest of the Proprietors, and the prosperity of the settlement were inseparably connected. He was disposed to allow the people, struggling under many hardships, every indulgence consistent with the duties of his trust. No stranger could have been appointed to the government that could boast of being in circumstances equally favourable and advantageous.

[Sidenote] The planting of rice introduced.

About this time a fortunate accident happened, which occasioned the introduction of rice into Carolina, a commodity which was afterwards found very suitable to the climate and soil of the country. A brigantine from the island of Madagascar touching at that place in her way to Britain, came to anchor off Sullivan's island. There Landgrave Smith, upon an invitation from the captain, paid him a visit, and received from him a present of a bag of seed rice, which he said he had seen growing in eastern countries, where it was deemed excellent food, and produced an incredible increase. The governor divided his bag of rice between Stephen Bull, Joseph Woodward, and some other friends, who agreed to make the experiment, and planted their small parcels in different soils. Upon trial they found it answered their highest expectations. Some years afterwards, Mr. Du Bois, treasurer to the East-India Company, sent a bag of seed rice to Carolina, which, it is supposed, gave rise to the distinction of red and white rice, which are both cultivated in that country. Several years, however, elapsed, before the planters found out the art of beating and cleaning it to perfection, and that the lowest and richest lands were best adapted to the nature of the grain; yet, from this period, the colonists persevered in planting it, and every year brought them greater encouragement. From this small beginning did the staple commodity of Carolina take its rife, which soon became the chief support of the colony, and its great source of opulence. Besides provisions for man and beast, as rice employs a number of hands in trade, it became also a source of naval strength to the nation, and of course more beneficial to it, than foreign mines of silver and gold. From the success attending this inconsiderable beginning, projectors of new schemes for improvement may draw some useful lessons, especially where lands are good, and the climate favourable to vegetation.

[Sidenote] Occasions a necessity for employing negroes.

With the introduction of rice planting into this country, and the fixing upon it as its staple commodity, the necessity of employing Africans for the purpose of cultivation was doubled. So laborious is the task of raising, beating, and cleaning this article, that though it had been possible to obtain European servants in numbers sufficient for attacking the thick forest and clearing grounds for the purpose, thousands and ten thousands must have perished in the arduous attempt. The utter inaptitude of Europeans for the labour requisite in such a climate and soil, is obvious to every one possessed of the smallest degree of knowledge respecting the country; white servants would have exhausted their strength in clearing a spot of land for digging their own graves, and every rice plantation would have served no other purpose than a burying ground to its European cultivators. The low lands of Carolina, which are unquestionably the richest grounds in the country, must long have remained a wilderness, had not Africans, whose natural constitutions were suited to the clime and work, been employed in cultivating this useful article of food and commerce.

[Sidenote] Perpetual slavery repugnant to the principles of humanity and Christianity.