Chapter 18

About this time Governor Craven, having received advice from England of Sir Antony Craven's death, intimated to the Proprietors, that the affairs of his family required his presence, and obtained their leave to return to Britain. No Governor had ever gained more general love and deserved respect from the Carolineans, nor had any man ever left the province whose departure was more universally regretted. Having appointed Robert Daniel deputy-governor, he embarked for England about the end of April, 1716. While the man of war rode at anchor near the bar, Mr. Gideon Johnston, with about thirty more gentlemen, went into a sloop to take leave of their beloved Governor, and sailed with him over the bar. On their return a storm arose, the sloop was overset, and Mr. Johnston, being lame of the gout and in the hold, was drowned. The other gentlemen, who were upon deck, saved themselves by swimming to the land. Afterwards the sloop drove, and what has been thought somewhat remarkable, Mr. Johnston's body was taken out of it while beating against the same bank of land upon which he had almost perished at his first arrival in Carolina.

[Sidenote] Lord Carteret Palatine

Before Governor Craven arrived in England, John Lord Carteret, a nobleman no less distinguished by his illustrious descent than personal merit, had succeeded to the dignity of Palatine. Nicholas Trott, who was Chief-Justice of Carolina, received a warrant from this nobleman, impowering him to sit also as judge of the provincial court of vice-admiralty. William Rhett, who was Trott's brother-in-law, and Receiver-general, was likewise made Comptroller of his majesty's customs in Carolina and Bahama Islands. The many offices of trust and emolument which these two men held, together with their natural abilities, gave them great weight and influence in the province, especially at the election of members to serve in assembly. When the provincial assembly met, a bill was brought into the house for the better regulation of the Indian trade, nominating commissioners, and impowering them to apply the profits arising from it to the public benefit and defence, and passed with little opposition. As the colonists had been accustomed to chuse all their members of assembly at Charlestown, at which election great riots and tumults had often happened; to remedy this disorder, another bill was brought into assembly for regulating elections; in which, among other things, it was enacted, "That every parish should send a certain number of representatives, in all not exceeding thirty-six; that they should be ballotted for at the different parish churches, or some other convenient place, on a day to be mentioned in the writs, which were to be directed to the church-wardens, who were required to make returns of the members elected." This was a popular act, as the inhabitants found it not only allowed them greater freedom, but was more conformable to the practice in England, and more convenient for the settlers than their former custom of electing all members in town.

[Sidenote] The disaffection of the people increases.

By this time the struggle between the Proprietors and possessors of the soil, which had long subsisted, and in which the officers intrusted with supporting their Lordships power and prerogative always found themselves deeply interested, was become more serious. Those popular acts, but particularly the latter, gave great offence to some members of the council, who plainly perceived its tendency to ruin their influence at elections, and of course the power of the Proprietors. Among others, Trott and Rhett strenuously opposed the bills. Though they were not able to prevent their passing in Carolina, yet they took care to send to England such representations of them as could not fail to render them the objects of the Proprietors disapprobation. Indeed the act respecting elections had broke in upon a former law, which had been ratified in England, and never repealed by the same authority. The consequence was, both those bills in a little time were sent back repealed, by an instrument under the Proprietors hands and seals. The colonists, far from being pleased with the former conduct of their landlords, now became outrageous, and spoke boldly of their tyranny, bad policy, and want of compassion for distressed freemen. Being still exposed to incursions from the sanguinary and vindictive Yamassees, furnished with arms and ammunition from the Spaniards, they were obliged to maintain a company of rangers, to protect the frontiers against them. Three small forts were erected at Congarees, Savanna, and Apalachicola, for the public defence, and money must be raised for the payment of garrisons. Presents of considerable value were also necessary, to preserve the friendship of other Indian tribes. These public expences eat up all the fruits of the poor planter's industry. The law appropriating the profits of the Indian trade for the public protection had been repealed; the public credit was at so low an ebb, that no man would 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 this purpose. Governor Daniel himself joined them in their complaints, and everyone seemed ardently to wish for those advantages which other colonies enjoyed, under the immediate care and protection of a powerful sovereign.

[Sidenote] Robert Johnson appointed governor.

In this discontented and unhappy state Robert Johnson found the Carolineans, when he arrived with a commission from Lord Carteret, bearing date April 30, 1717, investing him with the government of the province: to which office a salary of four hundred pounds sterling was now annexed. He was son to Sir Nathaniel Johnson, who formerly held the same office, and had left him an estate in Carolina. This new governor was a man of wisdom, integrity, and moderation; but came out with such instructions as were ill adapted to the circumstances and situation of the colony. Soon after his arrival he perceived the disaffection of the people to the proprietary government, and the many difficulties with which he would have to struggle in the faithful discharge of his duty. His council consisted of Thomas Broughton, Alexander Skene, Nicholas Trott, Charles Hart, James Kinloch, Francis Yonge, _&c._ some of whom were highly dissatisfied with the harsh treatment of the Proprietors. After calling an assembly, the Governor, as usual, signified to them his esteem for the people, his love to the province, and his resolutions of pursuing such measures as might be judged most conducive to its peace and prosperity. The assembly, in answer, expressed great satisfaction with appointing a man of so good a character to that high office; but, at the same time, were not insensible of the oppression of their landlords, nor of the many hardships they had to expect under their weak and contemptible government.

[Sidenote] Of the depredations of pirates.

About this time some merchants and masters of ships, trading to America and the West Indies, having suffered much from the barbarity and depredations of pirates, complained to the King in council of the heavy losses the trade of the nation had sustained from those public robbers, who had grown so numerous and insolent, that unless a speedy check should be given to them, the navigation in those seas would be totally ruined. In consequence of which the King issued a proclamation, promising a pardon to all pirates who should surrender themselves in the space of twelve months, and at the same time ordered to sea a force for suppressing them. As they had made the island of Providence their common place of residence, Captain Woodes Rogers sailed against this island, with a few ships of war, and took possession of it for the Crown. Except one Vane, who with about ninety more made their escape in a sloop, all the pirates took the benefit of the King's proclamation, and surrendered. Captain Rogers having made himself master of the island, formed a council in it, and appointed officers civil and military for the better government of its inhabitants. He built some forts for its security and defence, and so ordered matters, that, for the future, the trade of the West Indies was well protected against this lawless crew.

[Sidenote] And their utter extirpation.

Though the pirates on the island of Providence were crushed, those of North Carolina still remained, and were equally insolent and troublesome. Vane, who escaped from Captain Rogers, had taken two ships bound from Charlestown to London. A pirate sloop of ten guns, commanded by Steed Bonnet, and another commanded by Richard Worley, had taken possession of the mouth of Cape Fear river, which place was now the principal refuge left for those rogues. Their station there was so convenient for blocking up the harbour of Charlestown, that the trade of the colony was greatly obstructed by them. No sooner had one crew left the coast than another appeared, so that scarcely one ship coming in or going out escaped them. Governor Johnson, resolving to check their insolence, fitted out a ship of force, gave the command of it to William Rhett and sent him out to sea for the protection of trade. Rhett had scarcely got over the bar when Steed Bonnet spied him, but finding he was more than match for him, made all the sail he could for his refuge in Cape Fear river. Thither Rhett followed him, took the sloop, and brought the commander and about thirty men with him to Charlestown. Soon after this Governor Johnson himself embarked, and sailed in pursuit of the other sloop of six guns, commanded by Richard Worley, which, after a desperate engagement off the bar of Charlestown, was also taken. The pirates fought like furies, until they were all killed or wounded, excepting Worley and another man, who even then refused to surrender, until they were likewise dangerously wounded. These two men, together with their sloop, the Governor brought into Charlestown, where they were instantly tried, condemned, and executed, to prevent their dying of their wounds. Steed Bonnet and his crew were also tried, and all, except one man, hanged, and buried on White Point, below high-water mark.

Governor Johnson, formerly a popular man, was now become much more so, by his courage in exposing his person, and the success attending his expedition against the pirates. The coast being happily cleared, and free scope given to trade, afterwards no pirates durst venture to sea in that quarter. This check, together with that they received among the islands, served to extirpate these pestilent robbers, who had declared war against all mankind; and, by reducing themselves to the savage state of nature, had led such lives as rendered them the common enemy of every civilised nation. But these two expeditions from Carolina, though crowned with success, cost the poor province upwards of ten thousand pounds, an additional burden which, at this juncture, it was ill qualified to support.

[Sidenote] Troubles from paper currency.

At the same time, Governor Johnson had instructions to reduce the paper currency circulating in the Province, of which the mercantile interest loudly complained, as injurious to trade. He recommended to the assembly to consider of ways and means for sinking it, and told them they were bound in honour and justice to make it good. The Indian war had occasioned a scarcity of provisions; by the large emissions of paper money it sunk in value, and the price of produce arose to an exorbitant height. As the value of every commodity is what it will bring at market, so the value of paper money is according to the quantity of commodities it will purchase. Even gold and silver, though the universal medium of commerce, grow less precious in proportion as their quantity is increased in any country. Both rice and naval stores, however high, by doubling the quantity of paper money, though the commodities remain the same as formerly, become still much higher. The merchants and money-lenders were losers by those large emissions; and the planters indebted to them, on the other hand, were gainers by them. Hence great debates arose in the assembly about paper-money, between the planting and mercantile interests. At this time the Governor, however, had so much influence as to prevail with the assembly to pass a law for sinking and paying off their paper credit in three years, by a tax on lands and negroes. This act, on its arrival in England, gave great satisfaction both to the Proprietors and people concerned in trade, and the Governor received their thanks for his attention to the commercial interests of the country.

[Sidenote] Several laws repealed.

This compliance of the assembly with the Governor's instructions from England, and the good humour in which they at present appeared to be with government, gave him some faint hopes of reconciling them by degrees to the supreme jurisdiction of the Proprietors. But their good temper was of short duration, and the next advices from England blasted all his hopes of future agreement. The planters finding that the tax-act fell heavy on them, began to grumble and complain of its injustice, 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, they strictly 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 of the same 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 assembly for the time being to nominate a public receiver, were all repealed, and sent to Governor Johnson in a letter, which enjoined him instantly to dissolve the present assembly and call another, to be chosen in Charlestown, according to the ancient usage and customs of the province. The Proprietors considered themselves as the head of the legislative body, who had not only power to put a negative on all laws made in the colony of which they disapproved, but also to repeal such as they deemed of pernicious consequence.

[Sidenote] Which occasions great disaffection.

Governor Johnson, sensible of the ill-humour which prevailed among the people at the proprietary government, and the ill consequences that would attend the immediate execution of his orders, summoned his council together, to take their advice about what was most proper to be done. When he communicated his orders and instructions from England, the majority of the council were astonished at them. Trott, indeed, who was one of them, probably knew from what spring they derived their origin, and to whose advice and influence the repeal of those laws ought to be ascribed. But as the assembly were at that time deliberating about the means of paying the provincial debt contracted by the expedition against the pirates, and other contingent charges of government, it was agreed to postpone the dissolution of the house until the business then before them should be finished. However, the repeal of the duty-law being 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 laying a duty on all goods manufactured in Great Britain, and recommend it to them to make a new act, leaving out that clause which had given offence. Mean while, though great pains were taken to conceal the Governor's instructions from the people, yet by some means they were divulged, and kindled violent flames among them. The assembly entered into a warm debate about the Proprietors right of repealing laws passed with the assent of their deputies. Many alledged, 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 ratified and confirmed them.

[Sidenote] Further troubles from Indians.

While the colony was thus harassed with fears and troubles from rigorous landlords, to enhance their misery, their savage neighbours were also now and then making incursions into their settlements, and spreading havock among the scattered families. At this time a scalping party penetrated as far as the Euhah lands, where having surprised John Levit and two of his neighbours, they knocked out their brains with their tomahawks. They then seized Mrs. Borrows and one of her children, and carried them off with them. The child by the way, finding himself in barbarous hands, began to cry, upon which they put him to death. The distressed mother, being unable to refrain from tears while her child was murdered before her eyes, was given to understand, that she must not weep, if she desired not to share the same fate. Upon her arrival at Augustine she would have been immediately sent to prison, but one of the Yamassee kings declared he knew her from her infancy to be a good woman, interceded for her liberty, and begged she might be sent home to her husband. This favour, however, the Spanish governor refused to grant, and the garrison seemed to triumph with the Indians in the number of their scalps. When Mr. Borrows went to Augustine to procure the release of his wife, he also was shut up in prison along with her, where he soon after died: but she survived all the hardships of hunger, sickness, and confinement, to give a relation of her barbarous treatment. After her return to Carolina, she reported to Governor Johnson, that the Huspah king, who had taken her prisoner and carried her off, informed her, he had orders from the Spanish governor to spare no white man, but to bring every negroe alive to Augustine; and that rewards were given to Indians for their prisoners, to encourage them to engage in such rapacious and murderous enterprizes.

[Sidenote] Complaints against Chief Justice Trott.

By this time Chief Justice Trott being suspected of holding a private correspondence with the Proprietors, to the prejudice of the Carolineans, had incurred their hatred and resentment. Richard Allein, Whitaker, and other practitioners of the law, over whom he tyrannized, charged him with many 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 been guilty of many partial judgments; that he had contrived many ways to multiply and increase his fees, to the great grievance of the subject, and contrary to acts of assembly; 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 did not only act as counsellor in that particular, but also 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 shewn great partialities; with many more particulars; and, lastly, complaining, that the whole judicial power of the province was lodged in his hands alone, of which it was evident he had made a very ill use, he being at the same time sole judge of the courts of Common Pleas, King's Bench, and Vice-Admiralty; so that no prohibition could be lodged against the proceedings of the court, he being obliged, in such a case, to grant a prohibition against himself; he was also, at the same time, a member of the council, and of consequence a judge of the Court of Chancery."

Those articles of complaint, though they took their rise from the bar, and might have proceeded in some measure from envy, ill-will, or resentment, were nevertheless too well grounded, and the facts contained in the charge 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 conduct in his judicial capacity; and declared that he would be answerable no where but in England. The assembly, however, sensible that he held his commission only during good behavior, sent a message to the Governor and Council, requesting they would join them in representing his partial and unjust conduct in his office to the Proprietors, praying them either to remove him from his seat in the courts of justice, or at the least to grant him only one jurisdiction, and the people liberty of appeal from his judgements. The Governor and major part of the council, convinced of the male-administration of the Judge, agreed to join the Commons in their representation. But being sensible of the great interest the Chief Justice had with their Lordships, they judged it most prudent to send one of their counsellors to England with their memorial, that it might find greater credit and weight, and the more certainly procure redress; and Francis Yonge, a man of considerable abilities, who had been present at all their debates, was pitched upon as one well qualified for giving their Lordships a faithful account of the whole matter. Accordingly Yonge, being furnished with all the instructions, powers, and credentials, necessary to a commissioner for the aggrieved party of the colonists, set sail for England, and arrived in London early in the year 1719.

[Sidenote] Laid before the Proprietors.

Soon after his arrival, he waited on Lord Carteret, the Palatine; but as his Lordship was preparing to set out on an embassy to the court of Sweden, he referred him to the other Proprietors for an answer to his representation. When the Proprietors met, Yonge presented to them a memorial, setting forth, "That he had been appointed by the Governor and Council of South Carolina, to lay before them, not only several acts of assembly passed there during their last sessions for their approbation, but also to inform them of the reasons that induced the Governor and Council to defer the dissolution of the assembly, in consequence of their Lordships commands; that he was instructed to shew their Lordships the arguments between the upper and lower houses of assembly, touching their Lordships right off repealing laws ratified and confirmed by their deputies; and presented to them a speech made by Chief Justice Trott at a general conference of both houses, together with the answer of the commons to it, and the several messages that passed between them, which he hoped would shew their Lordships, that no arguments or endeavours were wanting on their part, to assert the right the Proprietors had of repealing laws not ratified by them."