CHAP. II. (continued 2)

[Sidenote] A difference with the civil officers.

Though Governor Morton was possessed of a considerable share of wisdom, and was connected with several respectable families in the colony, yet so inconsistent were his instructions from England, with the prevailing views and interests of the people, that he was unable, without great trouble, to execute the duties of his trust. He was a man of a sober and religious temper of mind, and had married Mr. Blake's sister, lately arrived from England, by which alliance it was hoped the hands of government would be strengthened, and a check given to the more licentious and irregular party of the people. His council was composed of John Boone, Maurice Mathews, John Godfrey, Andrew Percival, Arthur Middleton, and James Moore, &c.; some of whom differed widely from him in opinion with respect to public measures, and claimed greater indulgences for the people than he had authority to grant. Hence two parties arose in the colony: one in support of the prerogative and authority of the proprietors, the other in defence of the liberties of the people. The former contended, that the laws and regulations received from England respecting government ought to be strictly and implicitly observed: the latter kept in view their local circumstances, and maintained, that the freemen of the colony were under obligations to observe them only so far as they were consistent with the interest of individuals and the prosperity of the settlement. In this situation of affairs, no governor could long support his power among a number of bold adventurers, who improved every hour for advancing their interest, and could bear no restraints which had the least tendency to defeat their favourite views and designs: for whenever he attempted to interpose his feeble authority, they insulted his person and complained of his administration, till he was removed from his office.

[Sidenote] James Colleton made governor.

The proprietors also finding it prudent to change their governor so soon as he became obnoxious to the people, James Colleton at this time was appointed to supersede Joseph Morton. He was a brother to Sir Peter Colleton, one of the proprietors, but was possessed neither of his address nor abilities for the management of public affairs. He left Barbadoes and retired to Carolina, where he built an excellent house on Cooper River, in hopes of settling in that country, and long enjoying, by the influence of his brother, the emoluments of his office in tranquillity and happiness. To give him the greater weight, he was created a landgrave of the colony, to which dignity forty-eight thousand acres of land were unalienably annexed: but to his mortification he soon found, that the proprietary government had acquired but little firmness and stability, and, by his imprudence and rigour, fell into still greater disrespect and contempt.

[Sidenote] A.D. 1687.

About the year 1687, having called an assembly of the representatives, he proposed to make some new regulations respecting the government of the colony. Having examined the fundamental constitutions, and finding the people disposed to make many objections to them, he thought proper to nominate a committee, to consider wherein they were improper or defective, and to make such alterations and amendments in them as they judged might be conducive to the welfare of the country. This committee consisted of the Governor, Paul Grimball, the secretary, William Dunlop, Bernard Schinking, Thomas Smith, John Far, and Joseph Blake. Accordingly, by these men a new code of laws was framed, consisting of many articles different from the former, which they called Standing Laws, and transmitted to England for the approbation of the proprietors. These standing laws, however, the proprietors rejected, and insisted on the observance of the fundamental constitutions; and all the while the people treated both with equal indifference and neglect.

[Sidenote] His difference with the house of assembly.

At this early period a dissatisfaction with the proprietary government appeared, and began to gain ground among the people. A dispute having arisen between the governor and the house of assembly about the tenures of lands and the payment of quitrents, Landgrave Colleton determined to exert his authority, in compelling the people to pay up their arrears of quitrents, which, though very trifling and inconsiderable, were burdensome, as not one acre out of a thousand of these lands for which quitrents were demanded yielded them any profit. For this purpose, he wrote to the proprietors, requesting them to appoint such deputies as he knew to be most favourably disposed towards their government, and would most readily assist him in the execution of his office. Hence the interest of the proprietors and that of the people were placed in opposite scales, and the more rigorously the governor exerted his authority, the more turbulent and seditious the people became. At last they proceeded to avowed usurpation: they issued writs in their own name, and held assemblies in opposition to the governor and the authority of the proprietors. Letters from England, containing deputations to persons obnoxious to the people, they seized and suppressed, and appointed other men better affected to the popular cause. Paul Grimball, the secretary of the province, they imprisoned, and forcibly took possession of the public records. The militia act they refused to settle, because recommended by the governor, even though their own security depended on it. In short, the little community was turned into a scene of confusion, and every man acted as he thought proper, without any regard to legal authority, and in contempt of the governor and other officers of the proprietors.

Landgrave Colleton, mortified at the loss of power, and alarmed at the bold and seditious spirit of the people, was not a little perplexed what step to take in order to recal them to the obedience of legal authority. Gentle means he perceived would be vain and ineffectual. One expedient was suggested, which he and his council flattered themselves might be productive of the desired effect, and induce the people through fear to return to his standard, and stand by the person who alone had authority to punish mutiny and sedition, which was to proclaim the martial law, and try to maintain by force of arms the proprietary jurisdiction. Accordingly, without letting the people into his secret design, he caused the militia to be drawn up, as if some danger had threatened the country, and publicly proclaimed the martial law at their head. His design, however, did not long remain a secret, and, when discovered, served only to exasperate the more. The members of the assembly met, and taking this measure under their deliberation, resolved, that it was an encroachment upon their liberties, and an unwarrantable exertion of power, at a time when the colony was in no danger from any foreign enemy. The governor, however, insisted on the articles of war, and tried to carry the martial law into execution; but the disaffection was too general to admit of such a remedy. In the year 1690, at a meeting of the representatives, a bill was brought in and passed, for disabling Landgrave James Colleton from holding any office, or exercising any authority, civil or military, within the province: nay, so outrageous were they against him, that nothing less than banishment could appease them, and therefore gave notice to him, that, in a limited time, he must depart from the country.

[Sidenote] Seth Sothell chosen governor. [Sidenote] His oppression and expulsion.

During these public commotions Seth Sothell, pretending to be a proprietor by virtue of some regulations lately made in England, usurped the government of the colony. At first the people seemed disposed to acknowledge his authority, while the current of their enmity ran against Landgrave Colleton; and as he had stood forth as an active and leading man in opposition to that governor, and ratified the law for his exclusion and banishment: but afterwards, finding him to be void of every principle of honour and honesty, they persecuted him also with deserved and implacable enmity. Such was the insatiable avarice of this usurper that his popularity was of short duration. Every restraint of common justice and equity was trampled upon by him; and oppression, such as usually attends the exaltation of vulgar and ambitious scramblers for power, extended her rod of iron over the distracted colony. The fair traders from Barbadoes and Bermuda were seized as pirates by order of this popular governor, and confined until such fees as he was pleased to exact were paid him: bribes from felons and traitors were accepted to savour their escape from the hands of justice: plantations were forcibly taken possession of, upon pretences the most frivolous and unjust, and planters were compelled to give bonds for large sums of money, to procure from him liberty to remain in posession of their property. These, and many more acts of the like atrocious nature, did this rapacious governor commit, during the short time of his administration, to increase his fees as governor and proprietor. At length the people, weary of his grievous impositions and extortions, agreed to take him by force, and ship him off for England. Then, to his other ill qualities he added meanness of spirit, and humbly begged of them liberty to remain in the country, promising to submit his conduct to the trial of the assembly at their first meeting. When the assembly met, thirteen different charges were brought against him, and all supported by the strongest evidence: upon which, being found guilty, they compelled him to abjure the government and country for ever. An account of his infamous and wicked conduct was drawn up and sent to the proprietors, which filled them with astonishment and indignation. He was ordered to England, to answer the accusations brought against him before the palatine's court, and, in case of refusal, was given to understand it would be taken as a further evidence and confirmation of his guilt. The law for disabling Landgrave James Colleton from holding any authority civil or military in Carolina, was repealed, and strict orders were sent out to the grand council, to support the power and prerogative of the proprietors. To compose the minds of the people, they declared their detestation of such unwarrantable and wanton oppression, and protested that no governor should ever be permitted to grow rich on their ruins; enjoining them, at the same time, to return to the obedience of their magistrates, and subjection to legal authority.

Hitherto this little community has been a scene of continual contention and misery. The fundamental constitutions, which the proprietors thought the most excellent form of government upon earth, have been little regarded. The governors have been either ill qualified for their office, or the instructions given them have been unacceptable to the people. The inhabitants, far from living in friendship and harmony among themselves, have also been seditious and ungovernable. Indeed, while the proprietary government shall continue to be thus weak and unstable, its authority will be little respected; while the encouragement given to civil officers and magistrates is trifling and inconsiderable; men of judgment and ability will not throw away their time and pains for supporting the honour and authority of others, which might be otherwise employed to purposes more advantageous to themselves. The titles of Landgraves and Cassiques will not compensate for the loss of such time and labour, especially when they come only joined with large tracts of land which, for want of hands, must lie uncultivated. The money arising from quitrents and the sale of lands was inconsiderable, hard to be collected, and by no means adequate to the support of government. The proprietors were unwilling to involve their English estates for the improvement of American property; hence their government was feeble and ill supported in Carolina, and there is reason to fear it will become more so, in proportion as the colonists shall become richer and more independent, and the country shall advance to a more populous and better cultivated state.