Edward McCrady.

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MICHAEL REESE



THE HISTORY OF SOUTH CAROLINA

UNDER

THE PROPRIETARY GOVERNMENT
1670-1719



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THE HISTORY



.SOUTH CAROLINA



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PEOPRIETAEY GOVEENMENT

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EDWARD McCRADY

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A MEMBER OF THE BAR OF CHARLESTON, S.C., AND VICE-PRESIDENT
OF THE HISTORICAL SOCIETY OF SOUTH CAROLINA



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UNIVERSITY



THE MACMILLAN COMPANY

LONDON : MACMILLAN & CO., Ltd.

1897

All rightft reserved



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Copyright, 1897,
By the MACMILLAN COMPANY.



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J 8 Cushini? & Co. - Berwick & Smith
{Norwood Mass U.S.A.



The following study of the history of South Carolina
has been made amidst the engagements of a busy profes-
sional life, in hours snatched from that jealous mistress —
the law. It has been a labor of love, and has been under-
taken and carried on with the single purpose of learning
and telling the story of the State of which the author is
proud to be a son and a citizen. In the course of his
study, he has found, as he conceives, occasional errors in
the works of those who have preceded him ; and these
he has pointed out. He cannot hope himself to have
escaped like mistakes — though he has striven to do so.
It will be the duty of those who come after to correct
where he has gone astray. He only asks that this shall
be done in the spirit of fairness he has endeavored to
observe. To his readers in general he would recall the
lines of the poet : —

Whoever thinks a faultless piece to see,
Thinks what ne'er was, nor is, nor e'er shall be.

In ev'ry work regard the writer's end,
Since none can compass more than they intend ;

And if the means be just, the conduct true,
Applause, in spite of trivial fp-ults, is due.

Pope's Essay on Criticism, 250-260.



83590



AUTHORITIES CONSULTED AND QUOTED

American Commonwealth Series. Horace E. Scudder.

Connecticut: A Study of a Commonwealth Democracy. By Pro-
fessor Alexander Johnson.

Maryland : The History of a Palatinate. By William Hand Browne.

Virginia : A History of the People. By John Esten Cooke.
Anderson's History of the Colonial Church. London 1856.
A New Voyage to Carolina. John Lawson, 1709.
Bancroft's History of the United States (Edition 1882).
Baptist Church, Charleston, History of.
Barbadoes, Poyer'^History of.
Barbadoes, Ligon's History of.
Bingham's Antiquities.

Bohun, Edmund, Memoir and Autobiography of.
British Empire in America. Oldmixon. 2 ed. MDCCXLI.
Bruce's Economic History of Virginia. 1896.
Burke's Peerage.

Burnet's History of His Own Times. London 1724.
Burn's Ecclesiastical Law.

Calendar State Papers, Colonial (Sainsbury, London, 1889).
Calhoun's Works.
Carroll, B. R. Historical Collections. 2 volumes.

A Brief Description of the Province of Carolina, etc., 1664.

An Account of the Province of Carolina, etc. Samuel Wilson, 1682.

Carolina ; or, A Description of the Present State of that Country. By
T A (Thomas Ash), 1682.

A New Description of that Fertile and Pleasant Province of Carolina,
etc. John Archdale, 1707.

A Narrative of the Proceedings of the People of South Carolina in
the year 1719. (1726.)

A Description of South Carolina, etc. Governor Glen.

Political Annals Qf the Province of Carolina, etc. George Chalmers.

Statements made in the introduction to the Report of General Ogle-
thorpe's Expedition to St. Augustine. 1741.

An Account of the Missionaries sent to South Carolina.

An Account of the Breaking-out of the Yamassee War. Extracted
from the Boston News of the 13th of June, 1715.

An Account of What the Army did under the Command of Colonel
Moore, etc. Boston News, May 1, 1704.



Vlil AUTHORITIES CONSULTED AND QUOTED

Charlemagne Tower, Collection of Colonial Laws, privately printed for

The Historical Society of Pennsylvania, 1890.
Charters and Constitutions, The United States. Poore, 1878.
Clarendon's History of the Rebellion. 2 volumes. Oxford. MDCCXL.
Collections of the Historical Society of South Carolina. Volumes I, II,

III, IV.
Collins's Peerage.

Colonial Records of North Carolina. Volumes I and II.
Commons Journals MS., Columbia, S. C.
Coxe's Description of the English Province of Carolana.
Cyclopedia, Eminent and Representative Men of the Carolinas. Brandt

& Fuller, Chicago. Preface to, by Edward McCrady.
Dalcho's Church History, 1820.
De Bow's Review.

Doyle's English Colonies in America.
Drayton, John, A View of South Carolina. 1802.
Drayton, John, Memoirs. 2 volumes.
Emigrants to America, 1600-1700 (Hottin).
Encyclopedia Britannica.

Eraser, Charles, Reminiscences of Charleston. 1854.
Gazette, The South Carolina.

Gazette, The Royal Charlestown, South Carolina, 1780-82.
Genesis of the United States. Alexander Brown. 1891.
Gentleman's Magazine. Vol. X. MDCCXL.
George II, Memoirs of. Walpole.

Golden Islands, An Account of. By John Barnwell, London, 1720.
Green's History of the English People.
Greg, Percy, History of the United States.
Hakluyt's Voyages.

Hawks, Francis L. , D.D. , History of North Carolina. 2 volumes.
Hewatt, Rev. Alexander, D.D., An Historical Account of the Rise and

Progress of the Colonies of South Carolina and Georgia, 1779.
Howe, Rev. George, D.D., History of the Presbyterian Church in South

Carolina.
Huguenots, The. Samuel Smiles.
Johns Hopkins University Studies.

The Carolina Pirates and Colonial Commerce. S. C. Hughson.

12 series, V, VI, VII.
Government of the Colony of South Carolina. Edson L. Whitney,

Ph.D., LL.B. 13 series, I, II.
Lecky's History of England in the Eighteenth Century.
Lecky's Leaders of Public Opinion in Ireland.



AUTHORITIES CONSULTED AND QUOTED ix

Legal Works and Reports.

Blackstoue's Commentaries.

Kent's Commentaries.

Jacob's Law Dictionary.

Phillimore on International Law.

Brown's Parliamentary Cases.

English Common Law Reports. Dwyer, Salkeld.

English Equity Reports. Perre Williams.

South Carolina Law and Equity Reports.

State Trials. Volume VI-XV.

Tryals of Major Stede Bonnet. Pamphlet, 1719.

Statutes of the Realm. EngUsh.

Statutes of South Carolina.
Liste des Fran5ais et Suisse. Edited by Theodore Gaillard Thomas, M.D.,

New York, 1888.
Locke's Works. 2 ed. London MDCCXCIV.
Macaulay's History of England.
Marion, James's Life of. 1821.
Morton, Memoranda relating to the Family of. 1894.
Old Churches, Ministers, and Families in Virginia. Bishop Meade.
Parliamentary History. Volume XVI.
Public Records MS. , Columbia, S. C.
Puritan, The, in England and America. Douglass Campbell, A. M., LL. B. ,

New York, 1892.
Ramsay, Dr. David, History of South Carolina. 2 volumes.
Rivers, Professor William J., Historical Sketch of South Carolina.
Rivers, Professor William J. , Chapter Colonial History.
Shecut's Medical and Philosophical Essays. 1819.
Slavery in the Province of South Carolina, 1670-1770. Edward McCrady.

Annual Reports Am. Hist. So., 1896.
Smollett's History of England.

Society for the Propagation of the Gospel, Historical account of. Hum-
phreys. 1729.
Society for the Propagation of the Gospel, Digest Records of. 1701-1892.
West Indies, Bryan Edwards's History of. 2 ed. MDCCXCIV.
West Indies, Froude's English in the.
Wheeler's Reminiscences of North Carolina.
Year Books, City of Charleston, during the administrations of the Hon.

William A. Courtenay, the Hon. John F. Ficken and the Hon. I.

Adger Smyth.




HISTORY OF SOUTH CAROLINA UNDER
THE PROPRIETARY GOVERNMENT .



>»ic



INTRODUCTORY CHAPTER

The domain of the United States of America was
chiefly settled by the English under Royal grants, from
three principal points, nearly equidistant from each other:
Jamestown in Virginia, in 1607, Plymouth in Massachu-
setts, 1620, and Charles Town in Carolina, in 1670. From
these points have emanated the differing political thoughts
of the country, which have, in. the main in parallel lines,
accompanied the tide of emigration westward. ^

Physical causes marked great differences in the devel-
opment of these settlements, and especially in that of
Carolina from the other two. To these physical causes

1 The extent of emigration from South Carolina is not generally realized.
It is not generally known that she .was one of the great emigrant States.
"Yet from 1820 to 1860," says General Francis A, Walker, in his Intro-
duction to the United States census of 1880, " South. Carolina was a bee-
hive from which swarms were continually going forth to populate the
newer cotton-growing states of the Southwest." The whole population
of the State in^l860 amounted to 470,257. There were then living in
other States 193,389 white persons born in South Carolina. That is, two-
fifths of the whole native-born population had emigrated and were then
living in other States, and these almost entirely in Georgia, Alabama,
Mississippi, Louisiana, Florida, and Texas. In 1870 out of 678,706
native-born South Carolinians more than one-third, about 246,066, were
living in other States.

B 1



2 HISTORY OF SOUTH CAROLINA

others were added which tended to form the society of
Carolina upon a basis differing from that of the other
colonies; and to produce a people to a considerable degree
peculiar in their characteristics.

The colony of Virginia was little further from that of
Massachusetts than from that of Carolina; but the terri-
tory between Virginia and Massachusetts, already to some
extent peopled hy the Dutch, was soon filled up by the
set^iement'^: of the provinces of Rhode Island, Connecticut,
New York, ]Sl ew Jersey, Pennsylvania, Delaware, and
Maryland, forming a chain of colonies linked together by
neighboring influences and conveniences, and thus beget-,
ting something of a common American colonial sentiment.
There was nothing in the situation of the colony of Caro-
lina to produce a similar effect. The colonists at Charles
Town, more than three hundred miles south of the James
River, were practically much further than that distance
from Virginia, the nearest established colony. Hatteras
projecting into the ocean rendered communication between
the first settlers in Carolina and the other colonies, in
their small vessels, more dangerous almost than that with
England. The only travel by land between Carolina and
Virginia was by Indian trail. There were no roads nor
means of transportation. Lederer, the learned German
explorer, whom Governor Berkeley sent out from Virginia
in 1669 to explore the country, after travelling for
months with Indian guides certainly did not reach
beyond the Santee — if, indeed, he entered at all the
territory of the present State of South Carolina.^ A
postoffice was established in Charles Town as early as
1698, but this was for European and West Indian cor-
respondence. Peter Timothy, postmaster, gives notice
in the Gazette^ August 19, 1756, nearly sixty years after,
•^ History of No. Ca. (Hawks), 52.



UNDER THE PROPRIETARY GOVERNMENT 3

that the first mail from Wilmington (North Carolina) is
hourly expected to arrive here, and will set out on his
return two days after his arrival. This was to be con-
tinued every fortnight, and those who wished to have
their letters forwarded by this conveyance were requested
to send them in time. The letter of intelligence of the
battle of Lexington, which was transmitted from com-
mittee to committee, dated 24th of April, 1775, and
starting from Wallingsford, Connecticut, one hundred
miles from New York, reached Charleston in seventeen
days. It was sixteen coming from New York, fifteen
from Princeton, ten from Fredericksburg, Virginia, and
three days from Wilmington, North Carolina.^ This was
by express, and was considered remarkable for its dis-
patch; and so it was, for the express which brought the
news of the Declaration of Independence from Philadel-
phia did not reach Charleston until the 2d of August,
twenty-nine days after it had been adopted in Congress.
It reached Paris but a few days later than it reached
Charleston, i.e. some time in the first half of the month
of August. The South Carolina and American General
Gazette^ of the 11th of September, 1776, complains that
though not long sinca an express had come in sixteen
days from Philadelphia, the Northern Post generally took
about double that time. Ships frequently arrived from \
England, bringing European news within the month.
Thus separated from the other colonies by distance, and
still more so by the character of the intervening country.
South Carolina was left to struggle by herself for
existence.

The colony was for a long time, indeed until 1733, the \
distant outpost between the other English colonies and the i
Spaniards at St. Augustine, and the French on the Mis-
1 Drayton's Memoirs, vol. I, 248.



4 HISTORY OF SOUTH CAROLINA

sissippi. It was planted to assert the dominion of Great
Britain against that of Spain in disputed territory. At
each end of the long attenuated line of the British settle-
ments on the American coast there was a hostile post.
At the North the French in Canada were jealously
watching the growth of the English colonial system,
while at the South the Spaniards in Florida, regarding
/the planting of the colony in Carolina as an invasion of
I their own territory, were on the alert to attack it upon
every favorable opportunity, regardless whether peace or
war formally subsisted at the time between Spain and
England. The French were a menace to New England,
but the colonists there could be reached only by an over-
land invasion, which, by the climate, was practically
restricted to one season of the year, and which, from the
difficulty of transportation, was much less serious. The
Spaniards at St. Augustine, on the other hand, were the
constant active and malignant enemies of the Carolinians,
who were at such a distance from the other British
colonies as to be beyond the reach of their support.
Then, too, Charles Town was a little further from St.
■ Augustine than a third of the distance from Jamestown, in
Virginia, the nearest settlement, with the exception of the
feeble colony at Albemarle, from which no support could
be extended. The Carolinians were open to attack by
sea, and to this danger they were open at all seasons of
the year.

This separation of South Carolina from the other colo-
nies on the Continent was recognized and acted upon in
the treatment of the colony by the Government in Eng-
land. It was regarded as more nearly allied to the island
colonies than to those on the main. Thus when Edward
Randolph, the collector of the King's customs, proposed
in 1694 a rearrangement and consolidation of the Colonial



UNDER THE PROPRIETARY GOVERNMENT 5

Governments for the better control and collection of the
King's revenue, he recommended that the Proprietary
Governments should be set aside, and that South Carolina
and all the Baliama Islands should be put -under one
government, under li^er Majesty's immediate authority;
that North Carolina should be annexed to Virginia,
Delaware to Maryland, West Jersey to Pennsylvania,
East Jersey and Connecticut to New York, and Rhode
Island to Massachusetts, thus reducing the number of the
colonies to but six.^

This treatment at home, and constant exposure to
attack from St. Augustine by sea and from Indians on
land, instigated alike by the Spaniards in Florida and the
French from Mobile, had great influence upon the devel-
opment of the Carolina colony, alike upon the organiza-
tion of its government and its social structure.

In the first place it forced the Caroliiiians to depend
upon themselves for their defence, and to that extent
produced, a sentiment of independence in regard to the
other colonies.

In the next it began the centripetal character of the
development of the colony, which as a province and State
South Carolina so long retained, and which indeed she
has not even yet entirely lost. The colonial development
of Virginia was by rural communities. There was no
city or town life. " The only place in Virginia previous
to 1700 to which the- name of a town could with any
degree of appropriateness be applied was Jamestown, and
even this settlement never rose to a dignity superior to
that of a village. "2 Williamsburg was never more than
a college town and seat of government. In New Eng-
land the colonists separated very early into different com-

1 Colonial Records of No. Ca., vol. I, 441, 442.

2 Bruce's Economic History of Virginia^ vol. II, 526.



6 HISTORY OF SOUTH CAROLINA

munities. In Connecticut, says Professor Johnston, town
and church were but two sides of the same thing, and as
there would be differences of opinion in church as well as
in town matters, every religious dispute gave rise to a
new town until the faintest lines of theological divergence
were satisfied.^ Each of these new towns with its own
peculiar schism became a new centre, from and around
which population spread. But in South Carolina the
constant and immediate danger of invasion by Spaniards
and Indians, as exemplified in the utter destruction of the
attempted settlement by Lord Cardross at Port Royal in
1686, restricted the colonists for many years to distances
within reach of the fortifications of Charles Town, and
formed within and around it a compact body of society,
with outlying plantations, from which in case of alarm
the colonists withdrew to the town, as in case of the
rising of the Yamassees in 1715. When this danger was
overcome by the increase of population, and the founding
and building up of the colony of Georgia, the unhealth-
fulness of the country along the rivers, increased, if not
caused, by the disturbance of the soil and the stag-
nant water of rice planting in the inland swamps, com-
pelled the planters to reside in the summer in the town
or in some high resinous pine-land settlement away from
malaria. 2 Thus, until the immigration of the Scotch-
Irish and Virginians into the upper country by the way
of the mountains, from 1750 to 1760, the development of

1 Connecticut^ Am. Com., Series 6.

2 A recent writer, of whom we shall have occasion presently to speak,
has fallen into the curious error of stating that it was the winter months
during which the wealthy planters, owing to the unhealthfulness of the
surrounding country, were in the habit of resorting to Charlestown,
missing at once the fact and the cause. Government of the Colony of
South Carolina (Whitney). Johns Hopkins University Studies, 13 series,
1-11.



UNDER THE PROPRIETARY GOVERNMENT 7

the colony was not, as in New England, from many and
distinct settlements or towns, but from one point, the
circle enlarging as the population increased, but always
with reference to the one central point, — the town, —
Cha rles T ^wn.

The development of Carolina thus presented the anom-
aly that, though it W3,s a planters' colony, it was devel-
oped by Avay of city or town life. Boston was the largest
town in Massa,chusetts, but there Avas organization and
administration outside of it. For many years Charles
Town practically embodied all of Carolina. Beaufort,
the next town to be settled,^^was not attempted for more
than forty years after the; planting of the colony, and
Georgetown not until some years later. Until 1716 elec-
tions were generally held in the town for all the province,
and representation outside of it — that by parishes — was
not practically established until the overthrow of the Pro-
prietary Government in 1719. No court of general juris-
diction was held outside of it until 1773, over a hundred
years after the establishment of the colony. There was
only one government for the province, the town, and the
church. The same General Assembly passed laws for
the province, laid out streets, regulated the police for_the
town, and governed the church. Even after the colony
had grown, and the upper country had been peopled from
another source, every magistrate in the province was ap-
pointed in Charles Town until the Revolution of 1776,
and after that, upon the adoption of the Constitution of
1790 and the change of the seat of government to Colum-
bia, at that place. There was thus from the inception of
the colony in 1665 to the overthrow of the State in 1865,
for two hundred "years, only one government in South
Carolina. There was no such thing as a county or town-
ship government of any kind.



8 HISTORY OF SOUTH CAROLINA

From the isolation of the colony during the period of
its formation, and for long after, it remained a dependency
of England, as well in interest as in fact, rather than de-
pendent upon the support and sympathy of its distant
sister colonies ; and with the love of the old country, with
which communication was constant and close, everything
tended to limit whatever patriotism there might be to the
gradually extending area of the province, while the con-
stant recurrence in thought and act to the central point,
the town, developed and intensified the Carolina conception
of the entity of the State and of its absolute sovereignty.

There were other potent causes tending to differentiate
the colonists of Carolina from those of the other provinces.
All the other colonies, except New York, were peopled
by emigrants in the main directly from the British Isl-
ands ; but beside the large Huguenot element in her popu-
lation, Carolina was settled in a great measure from
Barbadoes and the other British West Indies. Naviga-
tion to the southern parts of America was at first en-
tirely by the way of the West Indies, and though Ribault
in 1562 had ventured directly across the Atlantic, the
course of communication between Carolina and England
continued for many years to be principally by way of
Barbadoes. The first colony sent by the Proprietors sailed
for Barbadoes, consigned to agents there, from which it
was dispatched to Carolina by way of Bermuda. While
in the formation of the other colonies the whole structure
of society was of necessity built up from the very founda-
tion in accordance with the peculiar environment of each,
the social and political system of Carolina was to a con-
siderable extent transferred from that island in a state of
advanced development. The settlers from Barbadoes
under Yeamans brought with them a colonial system
which, though comparatively new and not fully developed.



UNDER THE PROPRIETARY GOVERNMENT 9

was little later than that of Virginia and nearly contem-
poraneous with that of Massachusetts ; and the basis of
this social system was the institution of African slavery.
The attempt to engraft upon this social order a legally
recognized aristocracy of Landgraves and Caciques, pro-
posed by Locke and adopted by the Proprietors under the
influence of Shaftesbury, and the struggle caused by its
attempted enforcement, helped much in the formation of
the peculiar characteristics Avhich were to mark the politi-
cal and social organization of South Carolina, giving to
it on the one hand a strongly aristocratic tone with a
party for sustaining prerogative, while on the other it
developed in the very outset a party of the people who
based their rights upon the dogma of a strict construction
of chartered or constitutional provisions,
/^hen again, the est^-blishment of the colony in prox-
imity to the Spaniards, and the hostility of the Indians
under French and Spanish influence, necessitated from
the very beginning a military organization of the people ;
and this was also rendered the more necessary by the
increasing number of negro slaves, — savages, — which
became a source of weakness in times of danger, and,
until the institution in the course of years became
thoroughly settled, a constant source of care and anxiety.
The colonists, as we shall see, were desirous of checking
the importation of negroes, not from any moral objections
to slave holding, but from their apprehension of the
danger of being outnumbered by the negroes, and of
their rising in case the whites should be assailed by the
Indians, or through the instigation of the Spaniards or
French, as did happen in 1740. This danger gave rise
to a military police organization of the whole people,
which continued from 170-1: until the emancipation of the
negroes as the result of the war of secession.



10 HISTORY OF SOUTH CAROLINA

J Under this system the province, and afterwards the
i State, was divided into military districts, the chief of
each of which was a colonel, and these again into other
districts, or beats, under captains. The captain was the
police officer of his ^ district, or beat, and was charged
with the patrol and police of his beat and the enforce-



Online LibraryEdward McCradyThe history of South Carolina under the proprietary government, 1670-1719 → online text (page 1 of 62)