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These conftitutions, confifting of one hundred and twenty articles, and containing a great variety of perplexing regulations, were declared to be the facred and unalterable rule of government in Carolina for ever; and yet they were never altogether adopted. The parties engaged in this act of legiflation fhould have reflected, that the inhabitants had fettled on conditions which were no longer in their power to abrogate; and that in the forms of government which had been actually established, the people had acquired an intereft which could not be taken away without their confent.

A number of emigrants were fent over in January, 1670, un ler William Sayle, Efq. appointed governor of that part of the coaft which lies fouth-weft of Cape Carteret, to form a colony at PortRoyal. They arrived fafe; and as it was found impracticableto conform to the constitutions, it was determined to keep as close to them as poffible. Sayle dying, Sir John Yeamans had his command extended to and over this colony, in Auguft, 1671. This year feveral planters reforted from Clarendon on the north, and Port-koyal on the fouth, to the banks of Alley river, for the convenience of pasture and tillage, and laid on the firft high land the foundation of old Charleston. The proprietors promulgated temporary laws, till through a fufficient number of inhabitants, government could be administered according to the fundamental conftitutions. The temporary laws were of no long duration, being derided by a people without whofe confent they had been established.

In May, 1674, Jofeph Weft, Efq. was appointed governor of the fouthern colony, in the room of Sir John Yeamans, with whofe conduct the proprietaries were diffatisfied. But the difficulty of establihing the colony was not overcome for years; not till people repaired to it at their own expenfe, and men of estate ventured thither under the full perfuafion of being fairly treated. In expectation of fuch treatment, the Diffenters being harafled by perfecutions in Eng. land, and dreading a Popish fucceffor, emigrated to Carolina in great numbers, and made a confiderable part of the inhabitants. They acquired the honour of introducing religion into the province, while they strengthened it alfo by their perfonal acceffions. But the pr mifing appearances of the country inviting over many of a very d. ferent stamp, after a while disturbances followed.

The planters being informed that the Oyfter-Point, fo delightfully formed by the confluence of the rivers Ashley and Cooper, was more convenient than what was fixed upon eight years before, and the

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proprietaries encouraging their inclination, they began to remove, and in the year 1680, laid the foundation of the present Charleston, and built thirty houses. It was inftantly declared the port for the purposes of traffic, and the capital for the administration of government. It was long unhealthy; but the adjacent country being now cleared and cultivated, it is allowed to enjoy the most falubrious. air of Carolina.

Though the province had been formed into manors and baronies, it was not till 1682 that it was divided into three counties. In the autumn of this year, Governor West held a Parliament, and after. ward immediately refigned his administration to Mr. Jofeph Moreton. Thence commenced a reiterated change of governors. Kyrle, West, Quarry, and Moreton, were fucceffively appointed. There was a fimilar change of every public officer. These changes produced turbulency and faction, and the scenes of anarchy produced by these measures were not changed, nor the condition of the colony mended, by the arrival of Governor Seth Sothel, in 1683, who was fent in hope of quieting the disorders by his authority, as he had purchased Lord Clarendon's fhare of the province. He was guilty of fuch bribery, extortion, injuftice, rapacity, breach of truft, and disobedience of orders, for five years, that the inhabitants, driven almost to despair, feized him with a view of fending him to England to answer to their complaints; but upon his intreaties, and offering to submit their mutual accufations to the next Affembly, they accepted his propofal. The Aflembly gave judgment against him in all the above-mentioned particulars, and compelled him to abjure the country for twelve months, and the government for ever.

Charleston having been made the provincial port, the first collector was established there in 1685. The governor and council were at the fame time ordered, "Not to fail to fhow their forwardness in affifting the collection of the duty on tobacco tranfported to other colonies, and in feizing fhips that prefumed to trade contrary to the acts of navigation." Little regard was paid to orders fo contrary to the views of every one. An illicit trade was not only practised, but justified under a claufe of the patent, which the people confidered of fuperior force to the law. Though the royal grant of 1665 was paffed fubfequent to the act of navigation, the prefent exemption was infifted upon with the fame spirit, that it was contended during this reign, that a king of England may difpenfe with the law.

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The principle of the Carolinians, and the dotrine fo fafhionable at the court of James, were therefore exactly the lame.

James Colleton, Efq. a proprietary, was appointed governor in Auguft, 1686. The next year he called an Alienbly, in which he and his party took upon them to pafs fuch laws as loft him the affections of the people. During the ferments that followed, Seth Sothel, whom we have seen banished from Albemarle, fuddenly arrived at Charleston. Countenanced by a powerful party, and prefuming on his powers as a proprietary, he feized the reins of government in 1690, notwithstanding the oppofition of the governor and council. A general return of members was procured, who readily fanctioned by their votes whatever was dictated by those that had thus acquired power. Colleton, whofe conduct had been far from blamclefs, was inftantly impeached of high crimes and mifdemeanors, difabled from holding any office, and banished. Others were fined, imprisoned, and expelled the province. The proprietaries appointed a new governor, and in the year, 1692, upon the requifition of the Carolinians, abrogated Mr. Locke's fyftem of laws, the fundamental conftitutions, which, far from having answered their end, introduced only diffatisfaction and diforders, that were not cured till the final diffolution of the proprietary government.* The operation and fate of Mr. Locke's fyftem may convince us of this truth, that a perfon "may defend the principles of liberty and the rights of mankind, with great abilities and fuccefs; and yet after all, when called upon to produce a plan of legislation, he may aftonifh the world with a fignal abfurdity."+

Governor Archdale arrived at Carolina in August, 1695: he managed with great prudence, and fucceeded fo well that the Affembly voted him an addrefs of thanks. He was fucceeded by Jofeph Blake, Efq. whofe fentiments were fo liberal, that though a Diffenter, he prevailed with the Affembly to fettle one hundred and fifty pounds per annum upon the Epifcopal minifter at Charleston, for ever, and likewife to furnish him with a good houfe, a glebe, and two fervants. A very different fpirit wrought in the Earl of Bath, when he fucceeded to the power of palatine, and became eldest proprietary, in 1701: being a zealot for the Church of England, he was ambitious of ef

Chalmers' Political Annals, under the head of Carolina.

+ Defence of the American Conftitutions of Government, by John Adams, Esq. p. 365.

tablishing

tablishing its worship, and excluding non-epifcopalians from a share in the government of Carolina; a fimilar principle was at that time too prevalent in England. His views were feconded by the pliability of Governor Moor, who was after a while fucceeded by Sir Nathaniel Johnfon. Then the Affembly being convened, a bill was brought in for the more effectual prefervation of the government, by requiring all perfons chofen members of the Affembly, to conform to religious worthip, and receive the facrament of the Lord's Supper, according to the ufage of the Church of England. By this act, all Diffenters were disqualified from fitting in the Affembly, though legally elected, and the candidate who had the greatest number of voices, after the difqualified Diffenter, was to be admitted. The pailing of this act was unconftitutional and oppreffive. Another bill was paffed for establishing religious worship in the province, according to the Church of England, and alfo for the erecting of churches, the maintenance of minifters, and the building of convenient parfonages. Both thefe afts were afterward figned and fettled by John Lord Granville, then palatine, for himself and the other proprietors. In confequence of the last act, many oppreffions were committed by the government against the Diffenters, who laboured under these and other grievances, till the matter at length was brought before the House of Lords, who, having fully weighed the fame, addressed the queen in favour of the Carolinians, and the laws complained of in 1706 were declared null and void.

About the year 1710, a number of Palatines from Germany, who had been reduced to circumftances of great indigence by a calamitous war, took up their refidence in this State. The proprietors of Carolina knowing that the value of their lands depended on the ftrength of their fettlements, determined to give every poffible encouragement to fuch emigrants. Ships were accordingly provided for their transportation, and inftructions given to Governor Tynte, to allow one hundred acres of land for every man, woman, and child, free of quit rents for the first ten years; but at the expiration of that term, to pay one penny per acre annual rent, for ever, according to the ufages and cuftoms of the province. Upon their arrival Governor Tynte granted them a tract of land in North-Carolina, fince called Albemarle and Bath precincts, where they fettled, and flattered themselves with having found in the hideous wilderness, a happy retreat from the defolations of a war which then raged in Europe.

In the year 1712, a dangerous confpiracy was formed by the Coree and Tufcorora tribes of Indians, to murder and expel this infant colony. The foundation for this confpiracy is not known; probably they were offended at the incroachments upon their hunting ground. They managed their confpiracy with great cunning and profound fecrecy. They furrounded their principal town with a breaft work to fecure their families. Here the warriors convened to the number of twelve hundred. From this place of rendezvous they fent out small parties, by different roads, who entered the settlement under the mask of friendship. At the change of the full moon all of them had agreed to begin their murderous operations the fame night. When the night came, they entered the houses of the planters, demanding provifions; and pretending to be offended, fell to murdering men, women, and children, without mercy or distinction One hundred and thirty-feven fettlers, among whom were a Swiss baron, and almost all the poor Palatines that had lately come into the country, were flaughtered the first night. Such was the fecrecy and dispatch of the Indians in this expedition, that none knew what had befallen his neighbour until the barbarians had reached his own door. Some few, however, escaped, and gave the alarm. The militia affembled in arms, and kept watch day and night, until the news of the fad disaster had reached the province of South-Carolina. Governor Craven lost no time in sending a force to their relief. The Affembly voted four thousand pounds for the fervice of the war. A body of fix hundred militia, under the command of Colonel Barnwell, and three hundred and fixty-fix Indians of different tribes, with different commanders, marched with great expedition through a hideous wilderness to their affistance. In their first encounter with the Indians they killed three hundred and took one hundred pri foners. After this defeat, the Tufcororas retreated to their fortified town, which was fhortly after furrendered to Colonel Barnwell. In this expedition it was computed that near a thousand Tufcororas were killed, wounded, and taken. The remainder of the tribe foon after abandoned their country, and joined the Five Nations, with whom they have ever fince remained. After this, the infant colony remained in peace, and continued to flourish till about the year 1729, when feven of the proprietors, for a valuable confideration, vefted their property and jurisdiction in the crown, and the colony was divided into two feparate provinces, by the name of North and SouthCarolina, and their prefent limits established by an order of

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