Chapter 4

This oppressive rigour of their first laws was soon heavily felt by many, but especially by that peaceable society of people called Quakers. Some of this sect, who had been banished on account of their religion, out of mere zeal for making proselytes, returned to the country. They were instantly seized by those oppressors, condemned and hanged, to prevent the clandestine incursions of others. Those who had the misfortune to be taken with convulsions, or any disorder to which vulgar ignorance was a stranger, were accused of witchcraft, and condemned to death. No age nor sex were secure from such suspicions, when ignorance, malice and phrenzy joined in framing accusations, and selecting victims at pleasure. Dreams, apparitions and tortures were all employed as evidences against persons accused, and served to increase the number of horrid executions. The clergy were often accused, and sometimes the judges themselves. The jails were filled with infants, old men and women, the people were distracted with gloomy apprehensions, and the country was stained with innocent blood. At last the popular phrenzy began to subside, and gave way to painful remorse. The eyes of the blinded fanatics were opened, so as to discern their guilt; and a general fast was appointed to implore the pardon and mercy of God for their enormous crimes and horrible delusions.

[Sidenote] Divide into different governments.

This colony, which was planted by oppression, in process of time owed its extension to the same cause, Dissenters, who all claim an equal right to liberty in religion, with respect to private judgment and opinion, were not likely to remain long in harmony and peace among themselves. Though they reprobated the doctrine of uniformity in England, yet they became the most bigoted sticklers for it in their new settlement. The tenets of others, who differed from their mode of worship, were condemned without scruple or hesitation, insomuch that the oppression from which they fled in Britain was like gentle toleration, when compared with that to which they subjected their fellow-refugees. Hence various sectaries arose in their settlement, who claimed the same right to dissent from them, which they formerly did from the church of England. But their claim was rejected, and of consequence a persecution for conscience sake commenced among that people, who had become separatists in defence of universal toleration. However, these sprigs, torn by violence from the old root, had the same resource left; they separated, and planted themselves in a new soil, and spread their branches over the country. Hence different governments took their origin, and different colonies were settled, by persons who were denied religious freedom, and the right of private judgment, in Massachuset's bay.

[Sidenote] A colony planted in Maryland.

From the same source, I mean, a division in England, another colony of catholics took its rise. The king not only lost the affections of his Protestant subjects, but was also obliged to give the Roman catholics up to the rigour of those laws enacted against them in the preceding reigns. Lord Baltimore therefore resolved to leave England, and settle a colony on lands which had been granted to his father a few years before his death. This territory he called Maryland, in honour of the queen, who gave him all the assistance in her power towards forwarding the settlement.

[Sidenote] General remarks on colonization.

From the establishment and progress of these foreign settlements, and the spirit of emigration which prevailed in England, discerning men early foreboded ill consequences to the mother country. They were no strangers to the troubles which the colonies of Greece and Rome occasioned those ancient republics. Such vast territories as America contained, opened a boundless field for the encouragement of emigration, and every addition which these colonies received from Britain was prejudicial to her interest, as it served to weaken her, in proportion as it strengthened them. The riches of every country unquestionably depend on the number of its industrious inhabitants. America could furnish employment for innumerable hands, and emigrations from the mother country would in process of time dry up the sources of her wealth and power. England, though populous, could spare none, without prejudice to herself, but such as had either no employment at home, or no inclination to labour: for all industrious men serve to enrich their country, and whatever they earn by their labour, be it more or less, so much doth the nation profit by them. It is true, a number of idle and indolent people, like voracious drones in the hive, are a burden to every community. Such indeed might be spared for the purpose of colonization, without any detriment to the parent state; but every diligent and honest labourer that emigrates from his native country, helps to depopulate, and of course to impoverish it.

Had England at that time been too populous for its extent, or incapable of employing and maintaining its inhabitants, in that case, her planting foreign colonies might have served the purpose of public utility, and given relief from domestic hardship, just as bees send off their young swarms without injuring the industrious hive. Britain, no doubt, might reap some advantages from her foreign plantations, especially such of them as are situated in a different climate, and produce such commodities as luxury obliged her to purchase from strangers; and while she maintained her supreme jurisdiction over them, she could bind them by laws to continue her customers for taking off her manufactures, and so extend her commerce and navigation. By such policy she might make the wealth of her laborious colonies center in herself, and add greatly to her opulence and power. In every other case, numerous and extensive foreign settlements must prove hurtful, if not troublesome and dangerous: for while they are draining her of her useful inhabitants, they are growing on her ruins; and if they turn not headstrong and ungovernable, they will at least oblige her to keep a much larger army and fleet than otherways she would have any occasion for, and double her expence for their protection.

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.