Chapter 20

Agreeable to the last resolution, an address was drawn up, signed by Arthur Middleton as president and twenty-two members of the convention. The Governor having sent them a message, acquainting them that he was ready with his council to receive and order them to chuse a speaker; they came to the upper house in a body, and Arthur Middleton addressed the Governor in the following words: "I am ordered by the representatives of the people here present to tell you, that, according to your honour's order, we are come to wait on you: I am further ordered to acquaint you, that we own your honour as our Governor, you being approved by the King; and as there was once in this province a legal council, representing the Proprietors as their deputies, which being now altered, we do not look on the gentlemen present to be a legal council; so I am ordered to tell you, that the representatives of the people do disown them as such, and will not act with them on any account."

[Sidenote] The perplexity of the Governor and council.

The Governor and Council, struck with silence and astonishment at the audacious spirit of the convention, and suspecting that they were backed and supported by the voice of the people, were greatly puzzled what measures they should take to recal them to the obedience of legal authority. Some were for opposing violence to violence, and thought the best way of bringing them back to their allegiance would be to terrify them with threats and confiscations. Others were of opinion, that the defection was too general to admit of such a remedy, and that mild expostulations were more proper both for softening their minds, and convincing them of their error; and should such gentle means fail, the Governor might then dissolve them, and for the present time put an end to the dispute. But, on the other hand, dangers hung over the country, and the only fund for repairing the fortifications being lost by the repeal of the general duty-law, money must be provided for the public protection. If the Governor should dissolve the house, how could the province be put in a posture of defence against a Spanish invasion, with which it was threatened. If he should suffer them to sit while they had resolved that the Proprietors had forfeited their right to the government, and refused on any account to act with his council, he might be chargeable with a breach of his trust. The result of their deliberations was, a message from the Governor and council, desiring a conference with the house of assembly. To which they returned for answer, that they would not receive any message or paper from the Governor in conjunction with these gentlemen he was pleased to call his council. Finding them thus inflexible and resolute, the Governor was obliged to give way to the current, and therefore, in two days afterwards, sent for them in his own name, and spoke to them to the following effect:

[Sidenote] The Governor's speech for recalling the people.

"When I sent for you the other day, I intended to have desired you to have chosen your speaker, to be presented to me as usual, and then I did propose to have spoke to you in the following manner:

"Your being met together at a time when there was never more occasion for a ready dispatch of public business, and a good harmony betwixt the upper and lower house; I must recommend that to you; and nothing will be wanting on my part to promote a good understanding betwixt the Lords Proprietors and the people, at present (to my great affliction) I fear too much interrupted: I must, therefore, in the first place, recommend to you, that you will without delay, or other matter intervening, fall upon proper methods for raising money for finishing the repairs of the fortifications, and providing stores of war, which are much wanted. The intelligence which I have of the designs of our enemies, which makes this work so necessary, shall be laid before you.

"I am sorry the Lords Proprietors have been induced (by a necessity, to defend and support their just prerogatives) at this juncture to disannul some of your laws; if they had not thought the letting those acts subsist might have rendered their right of repeal precarious, they would have suffered them still to continue. I hope from you, therefore, a respectable behaviour towards them, that we may not feel any more their displeasure in so sensible a manner, as the loss (in this time of need) of our duty-law, and which has also occasioned an injunction to me and the council, from acting with an assembly who shall dispute their Lordships undoubted right of repealing laws, and appointing officers civil and military.

"I find some are jealous and uneasy on account of rumours spread, that you design to alter the tax-act, for sinking your paper currency. Public credit ought to be sacred, and it is a standing maxim, That no state can subsist longer than their credit is maintained: I hope therefore you have no such intentions, which would put me under a necessity of doing what I have never yet done; I mean, disagreeing with you. I expect therefore you will make good what the public is answerable for, and proceed to such farther methods for paying our debts, as shall be both honourable and proper, and best adapted to our circumstances.

"The alarm from the southward, about five months since, obliged me to be in a posture of defence, and occasioned some charges, the accounts of which shall be laid before you; and I desire you will provide for the discharge of them: I think also the militia-acts want some amendments; and that you should contrive to keep a good watch in Charlestown.

"This is what I intended to have recommended to you: but Mr. Middleton's telling me, in the name of the rest, that you would not act _with_, and your surprising message since, that you will not receive any thing _from_ me, in conjunction with my council, has made it necessary for me to take this occasion of talking with that plainness and freedom so extraordinary a proceeding of yours requires. And, first, I must take notice of your message, wherein you say, you own me as Governor, because I am approved of by the King; but that you disown the council to be a legal one, nor will act with them on any account whatsoever; and this is subscribed by all your members: but, upon examining, I find it to be pretty dark and evasive, and seems as if you would avoid expressing in plain terms, what I have too much cause to fear is your design, I mean, to renounce all obedience to the Lords Proprietors: and this I cannot but think you propose from all your words and actions. You say, you acknowledge me, because I am approved of by the King; but you take no notice of my commission from the Proprietors, which is what makes me Governor. The confirmation of the King, only signifies his majesty's approbation of the person the Lords Proprietors have constituted; but it is my commission and instruction from them, that not only grants, but limits my power, and contains the rules by which I must act, and are to warrant and vouch my actions; therefore, to avoid declaring in express terms your renouncing the Lords power, and at the same time doing it in effect, is to create perpetual doubts and disputes, and is not acting with that sincerity and plainness which ought to be used in all public debates, and especially in matters of so great concern as this is, and upon which so great consequences depend.

"I do require and demand of you, therefore, and expect you will answer me in plain and positive terms, whether you own the authority of the Lords Proprietors as Lords of this province, and having authority to administer or authorise others to administer the government thereof; saving the allegiance of them and the people to his most sacred majesty King George? Or, whether you absolutely renounce all obedience to them, and those commissioned and authorised by them? Or, whether you admit their general power, and only dispute that particular branch of their authority, in constituting a council after the manner they have now done? If you deny their general power and authority in this province, and say, that their Lordships have forfeited their charter, as Mr. Berrisford asserted, and you all acquiesced in; then I demand of you, that you signify wherein the Lords have forfeited their charter, and what particular branch thereof they have broken: and I demand of you, that supposing (not granting) they have made a forfeiture of their charter, by what power do you presume to renounce their authority, and to model a government out of your own heads, before such time as that, by a court having lawful jurisdiction of the same, it shall be adjudged that the Lords have made a forfeiture of their charter, and that the powers granted them are null and void? If the King is of opinion, that any corporation or society have made a forfeiture of the rights and powers granted by their charter, although his majesty may have the advice of his Attorney and Solicitor-general, and his Judges and Council learned in the law, that such a forfeiture has been made, (and this he may more reasonably depend on than any advice or assurance you can have); yet, notwithstanding this, and his supreme authority as King, he never dispossessed the persons of the powers granted them, before a _quo warranto_ or some other process had been brought, and judgment obtained against the same. And if the King doth not assume such a power, by what authority do you assume it?

"I desire you further to consider the consequence that attends that assertion, Of the charter being forfeited, before judgment is given upon the same. For if it be so, then the forfeiture must be from the time that the fact was committed that caused the forfeiture; and then you must remember, that, by the charter, the Lords have granted to them, not only the power of ordering the government, but also the lands are granted to them by the said charter; so that if there is a forfeiture of the rights and prerogatives of the government, there is also a forfeiture of their rights to the lands; and so all grants made by their authority of any lands, since the fact committed that caused the forfeiture, according to your own doctrine and assertion, must be null and void; and therefore, how many persons titles to their lands will become void, I leave you to consider. And though, it may be, you will assign some new late fact, that you say will cause such a forfeiture, by which you may think to avoid the ill consequence that attends the titles to the lands; yet know, that the facts that you assign may not be the only ones that may be thought to have made the forfeiture of their charter. And if your present assertion is true, that they may be dispossessed before a judgment; it may be, other persons may assign other causes of the forfeiture, besides those which you assign, which may have been committed many years ago: for you cannot but know there have been persons in the province, that, for several years past, have publicly asserted, that the Lords have done facts, for which their charter was become forfeited. Which if so, I leave you to consider what a gate you will leave open to call in question, nay, utterly destroy, several hundreds of peoples titles to their lands. And though you have most unjustly and untruly suggested to the people, to create a prejudice in them to the Lords Proprietors, that their Lordships designed to dispute their titles to their lands; yet, by this assertion and practice, you are the persons that will not only call in question, but effectually destroy their titles.

"And if you persist in disowning the council as now authorised, then I desire you further to consider, in what capacity I can act with you, and to what purpose you pretend to sit and transact the public business of the province. You know very well I am not able to join with you in passing any law without the consent of my council; and surely you cannot pretend to pass laws without me: and what an absolute occasion there is now to pass some laws, that the province may be put in a posture of defence, and the contingent charges thereof defrayed, I leave you seriously to consider, and hope you will not lose the whole province to the enemy, for your own humours.

"But I am further to tell you, that, in case you continue to deny the authority of the council, you cannot properly style yourselves the representatives of the people; for you know very well you were chosen members of assembly, pursuant to and by virtue of the writs signed by myself and council; for it is not the peoples voting for you that makes you become their representatives; the liege people of this, or any other province, have no power to convene and chuse their representatives, without being authorised so to do by some writ or order coming from authority lawfully empowered. And if you pretend that the writs signed by me, as Governor, were sufficient: to that I answer, that I do not pretend to any such authority, but jointly, and with the consent of my council, it being the express words of my commission; nor did I sign the writs in any other capacity than in conjunction with my council, who also signed the same. But if my signing the writs were sufficient authority for the people to chuse you, then you must allow, that as the power lies solely in me to call you, it lies also solely in me to dissolve you; and therefore, if by your actions you will force me to make use of that power, I do hereby publicly protest and declare, you only must be answerable for the ill consequences that may attend such a dissolution, and for the loss of the lives and estates of the King's subjects in this province, by any attack that may be made upon them by our public enemies the Spaniards, or from the Indians, by reason of the province's not being put into such a posture of defence as it ought, and would, if you proceeded to transact the public business under a lawful authority; and this I would have you seriously to consider of.

"Notwithstanding stories that have been industriously spread to prepossess the people, that you are the only persons who stand up for their rights and privileges; by which, it may be, you have so far engaged them in your favour, that you may have their assistance to enable you to commit any act of force or violence upon the government, and the authority of the Lords Proprietors; yet know, and be assured, that the matters in dispute are of that consequence, that they must and will be decided by an authority in England, having lawful jurisdiction of the same; and that there it must be law and right that must justify your claims, and not the consent and approbation of the people of Carolina, who will have no weight there, but the right and merit of the cause.

"I must farther mention to you, that it is notoriously known, you have promoted two forms of associations, and have persuaded the people to sign them. How far you can be justified at home, behoves you to consider: but as I am satisfied no matter of such public concern ought to be carried on without my knowledge, so I do hereby require and demand of you, an attested copy of both associations; and though it may not concern me to have the names of every individual person that has signed them, yet I do insist upon it that you do acquaint me which of your own members have signed both, or either of them, as also the names of such persons who have commissions, or hold any places civil or military under their Lordships, or of such persons who practise the law in their Lordships courts, and have signed them.

"To what is here demanded of you I do require your plain and positive answer in express terms, and that you do in writing give me the same in a body, and under your hands."

[Sidenote] Their message in answer to it.

This long and elaborate speech, which was also given them in writing, they were not long considering of, but soon returned with the following message; and shewed him that they were neither to be shaken by persuasion, nor intimidated by threats, from their firm purpose. "We have already acquainted you, that we would not receive any message or paper from your honour, in conjunction with the gentlemen you are pleased to call your council; therefore we must now again repeat the same, and beg leave to tell you, that the paper your honour read and delivered to us, we take no notice of, nor shall we give any farther answer to it but in Great Britain."

Immediately after this they came with the following address to the Governor, publicly avowing their resolution to cast off all obedience to the proprietary government, and urging and intreating him to comply with their desire, and take upon him the government of the province in the name of the King. "It is with no small concern that we find ourselves obliged to address your honour, in a matter which nothing but the absolute necessity of self-preservation could at this juncture have prevailed on us to do. The reasons are already by us made known to your honour and the world, therefore we forbear to rehearse them; bur proceed to take leave to assure you, that it is the greatest satisfaction imaginable to us, to find throughout the whole country, that universal affection, deference and respect the inhabitants bear to your honour's person, and with what passionate desire they wish for a continuance of your gentle and good administration; and since we, who are instructed with, and are the assertors of their rights and liberties, are unanimously of opinion, that no person is fitter to govern so loyal and obedient a people to his sacred majesty King George, so we most earnestly desire and intreat your honour, to take upon you the government of this province, in his majesty's name, till his pleasure shall be known; by which means, we are convinced, that this (at present) unfortunate colony may flourish, as well as those who feel the happy influence of his majesty's immediate care.

"As the well-being and preservation of this province depends greatly on your honour's complying with our requests, so we flatter ourselves, that you, who have expressed so tender a regard for it on all occasions, and particularly in hazarding your own person in an expedition against the pirates, for its defence, an example seldom found in governors; so we hope, Sir, that you will exert yourself at this juncture for its support; and we promise your honour, on our parts, the most faithful assistance of persons duly sensible of your honour's great goodness, and big with the hopes and expectation of his majesty's countenance and protection. And we farther beg leave to assure your honour, that we will, in the most dutiful manner, address his most sacred majesty King George, for the continuance of your government over us, under whom we doubt not to be a happy people."

[Sidenote] The Governor's answer.

To this flattering address the Governor returned the following answer; such as became his honour and trust. "I am obliged to you for your good opinion of me; but I hold my commission from the _true and absolute Lords and Proprietors of this province_[1], who recommended me to his majesty, and I have his approbation; it is by that commission and power I act, and I know of no power or authority can dispossess me of the same, but those only who gave me those authorities. In subordination to them I shall always act, and to my utmost maintain their Lordships just power and prerogatives, without encroaching on the people's rights and privileges. I do not expect or desire any favour from you, only that of seriously taking into your consideration the approaching danger of a foreign enemy, and the steps you are taking to involve yourselves and this province in anarchy and confusion."

[1] This is the term the charter gives them.

[Sidenote] The assembly dissolved, and the proceedings of the people.

The representatives having now fully declared their intentions, and finding it impossible by all their art and address to win over the Governor to a compliance with their measures, and to accept of the government only from his having the King's approbation, began to treat him with indifference and neglect. He, on the other hand, perceiving that neither harsh nor gentle means could recal them to their duty and allegiance, and that they became the more outrageous and ungovernable by his endeavours to this purpose, issued a proclamation for dissolving the house, and retired to the country. The representatives ordered his proclamation to be torn from the marshal's hands, and proceeded next to avowed usurpation. They met upon their own authority, and in direct opposition to that of the Proprietors, and chose Colonel James Moore their Governor; who was a man of a bold and turbulent disposition, and excellently qualified for being a popular leader in perilous adventures. To Governor Johnson he was no friend, having been by him removed from his command of the militia, for warmly espousing the cause of the people: to the Proprietors he was an inveterate enemy. In every new enterprize he had been a volunteer, and in whatever he engaged he continued to his purpose steady and inflexible. A day was fixed by the Convention for proclaiming him, in name of the King, Governor of the province, and orders were issued for directing all officers civil and military to continue in their different places and employments, till they shall hear farther from them.

Governor Johnson, some time before this, had appointed a day for a general review of the provincial militia; and the Convention, that they might have the opportunity of the people being under arms, and ready to forward their scheme, fixed on the same day for publicly proclaiming Moore. The Governor, however, having intelligence of their design, sent orders to Colonel Parris, the commander of the militia, to postpone the review to a future day. Parris, though a zealous friend to the revolution, in answer assured him his orders should be obeyed. Notwithstanding this assurance, on the day fixed, when Governor Johnson came to town, he found to his surprise the militia drawn up in the market square, colours flying at the forts, and on board all the ships in the harbour, and great preparations making for the proclamation. Exasperated at the insults offered to his person and authority, he could scarcely command his temper and restrain his resentment. Some he threatened to chastise for flying in the face of government, to which they had sworn allegiance and fidelity. With others he coolly reasoned, and endeavoured to recal them by representing the fatal consequences that would certainly attend such rash proceedings. But advancing to Parris, who had betrayed him, he asked him, how he durst appear in arms contrary to his orders? and commanded him, in the King's name, instantly to disperse his men. Colonel Parris insolently replied, he was obeying the orders of the Convention. The Governor in great rage walked up towards him; upon which Parris immediately commanded his men to present, and bid him at the peril of life advance no nearer. The Governor expected, during this struggle, that some friends would have stood by him, especially such as held offices of profit and trust under the Proprietors, or that the militia would have laid down their arms at his command: but he was disappointed; for all either stood silent, or kept firm to the standard of the Convention. However, to amuse him, and prevent his taking any rash step in the heat of passion, John Lloyd, one of their party, was sent, out of pretence of friendship, to walk and converse with the Governor. Vain indeed were the efforts of a single arm, in so general a defection. Even Trott and Rhett, in this extremity, forsook him, and kept at a distance, the silent and inactive spectators of their masters ruined authority.

[Sidenote] James Moore proclaimed Governor. [Sidenote] The declaration of the Convention.