An Historical Account of the Rise and Progress of the Colonies of South Carolina And Georgia Volume I Part 10

[Sidenote] Which occasions great disaffection.

Governor Johnson, sensible of the ill-humour which prevailed among the people at the proprietary government, and the ill consequences that would attend the immediate execution of his orders, summoned his council together, to take their advice about what was most proper to be done.

When he communicated his orders and instructions from England, the majority of the council were astonished at them. Trott, indeed, who was one of them, probably knew from what spring they derived their origin, and to whose advice and influence the repeal of those laws ought to be ascribed. But as the a.s.sembly were at that time deliberating about the means of paying the provincial debt contracted by the expedition against the pirates, and other contingent charges of government, it was agreed to postpone the dissolution of the house until the business then before them should be finished. However, the repeal of the duty-law being occasioned by an order from the King in council, they resolved to acquaint the a.s.sembly immediately with the royal displeasure at that clause of the law laying a duty on all goods manufactured in Great Britain, and recommend it to them to make a new act, leaving out that clause which had given offence. Mean while, though great pains were taken to conceal the Governor's instructions from the people, yet by some means they were divulged, and kindled violent flames among them. The a.s.sembly entered into a warm debate about the Proprietors right of repealing laws pa.s.sed with the a.s.sent of their deputies. Many alledged, that the deputation given to them was like a power of attorney sent to persons at a distance, authorizing them to act in their stead; and insisted, that, according to the charter, they were bound by their a.s.sent to acts, as much as if the Proprietors themselves had been present, and ratified and confirmed them.

[Sidenote] Further troubles from Indians.

While the colony was thus hara.s.sed with fears and troubles from rigorous landlords, to enhance their misery, their savage neighbours were also now and then making incursions into their settlements, and spreading havock among the scattered families. At this time a scalping party penetrated as far as the Euhah lands, where having surprised John Levit and two of his neighbours, they knocked out their brains with their tomahawks. They then seized Mrs. Borrows and one of her children, and carried them off with them. The child by the way, finding himself in barbarous hands, began to cry, upon which they put him to death. The distressed mother, being unable to refrain from tears while her child was murdered before her eyes, was given to understand, that she must not weep, if she desired not to share the same fate. Upon her arrival at Augustine she would have been immediately sent to prison, but one of the Yama.s.see kings declared he knew her from her infancy to be a good woman, interceded for her liberty, and begged she might be sent home to her husband. This favour, however, the Spanish governor refused to grant, and the garrison seemed to triumph with the Indians in the number of their scalps. When Mr. Borrows went to Augustine to procure the release of his wife, he also was shut up in prison along with her, where he soon after died: but she survived all the hards.h.i.+ps of hunger, sickness, and confinement, to give a relation of her barbarous treatment. After her return to Carolina, she reported to Governor Johnson, that the Huspah king, who had taken her prisoner and carried her off, informed her, he had orders from the Spanish governor to spare no white man, but to bring every negroe alive to Augustine; and that rewards were given to Indians for their prisoners, to encourage them to engage in such rapacious and murderous enterprizes.

[Sidenote] Complaints against Chief Justice Trott.

By this time Chief Justice Trott being suspected of holding a private correspondence with the Proprietors, to the prejudice of the Carolineans, had incurred their hatred and resentment. Richard Allein, Whitaker, and other pract.i.tioners of the law, over whom he tyrannized, charged him with many base and iniquitous practices. No less than thirty-one articles of complaint against him were presented to the a.s.sembly, setting forth, among other things, "That he had been guilty of many partial judgments; that he had contrived many ways to multiply and increase his fees, to the great grievance of the subject, and contrary to acts of a.s.sembly; that he had contrived a fee for continuing causes from one term to another, and put off the hearing of them for years; that he took upon him to give advice in causes depending in his courts, and did not only act as counsellor in that particular, but also had drawn deeds between party and party, some of which had been contested before him as Chief Justice, and in determining of which he had shewn great partialities; with many more particulars; and, lastly, complaining, that the whole judicial power of the province was lodged in his hands alone, of which it was evident he had made a very ill use, he being at the same time sole judge of the courts of Common Pleas, King's Bench, and Vice-Admiralty; so that no prohibition could be lodged against the proceedings of the court, he being obliged, in such a case, to grant a prohibition against himself; he was also, at the same time, a member of the council, and of consequence a judge of the Court of Chancery."

Those articles of complaint, though they took their rise from the bar, and might have proceeded in some measure from envy, ill-will, or resentment, were nevertheless too well grounded, and the facts contained in the charge were supported by strong evidence before the a.s.sembly. But as the Judge held his commission from the Proprietors, he denied that he was accountable to the a.s.sembly for any part of his conduct in his judicial capacity; and declared that he would be answerable no where but in England. The a.s.sembly, however, sensible that he held his commission only during good behavior, sent a message to the Governor and Council, requesting they would join them in representing his partial and unjust conduct in his office to the Proprietors, praying them either to remove him from his seat in the courts of justice, or at the least to grant him only one jurisdiction, and the people liberty of appeal from his judgements. The Governor and major part of the council, convinced of the male-administration of the Judge, agreed to join the Commons in their representation. But being sensible of the great interest the Chief Justice had with their Lords.h.i.+ps, they judged it most prudent to send one of their counsellors to England with their memorial, that it might find greater credit and weight, and the more certainly procure redress; and Francis Yonge, a man of considerable abilities, who had been present at all their debates, was pitched upon as one well qualified for giving their Lords.h.i.+ps a faithful account of the whole matter. Accordingly Yonge, being furnished with all the instructions, powers, and credentials, necessary to a commissioner for the aggrieved party of the colonists, set sail for England, and arrived in London early in the year 1719.

[Sidenote] Laid before the Proprietors.

Soon after his arrival, he waited on Lord Carteret, the Palatine; but as his Lords.h.i.+p was preparing to set out on an emba.s.sy to the court of Sweden, he referred him to the other Proprietors for an answer to his representation. When the Proprietors met, Yonge presented to them a memorial, setting forth, "That he had been appointed by the Governor and Council of South Carolina, to lay before them, not only several acts of a.s.sembly pa.s.sed there during their last sessions for their approbation, but also to inform them of the reasons that induced the Governor and Council to defer the dissolution of the a.s.sembly, in consequence of their Lords.h.i.+ps commands; that he was instructed to shew their Lords.h.i.+ps the arguments between the upper and lower houses of a.s.sembly, touching their Lords.h.i.+ps right off repealing laws ratified and confirmed by their deputies; and presented to them a speech made by Chief Justice Trott at a general conference of both houses, together with the answer of the commons to it, and the several messages that pa.s.sed between them, which he hoped would shew their Lords.h.i.+ps, that no arguments or endeavours were wanting on their part, to a.s.sert the right the Proprietors had of repealing laws not ratified by them."

"At the same time, he was desired to request their Lords.h.i.+ps to augment their Secretary's salary, to allow the members of the council so much money for the time and expence of attending the council on their service; to establish custom-house officers at Beaufort; to grant six thousand acres of land to the three garrisons at Congarees, Savanna Town, and Apalachicola; and liberty of appealing from erroneous judgements in law, which at that time the people had not, the whole judicial power in all the provincial courts being lodged in the hands of one man." Then he delivered to them a letter from Governor Johnson, the articles of complaint against Chief Justice Trott, and the joint address of the Governor, Council, and a.s.sembly, praying to have him removed entirely from the bench, or confined to a single jurisdiction.

[Sidenote] Their answer.

This memorial, however, was far from satisfying the Proprietors, some of whom inferred from it, that the people seemed to be industrious in searching for causes of dissatisfaction, and grounds of quarrel with them, with a view to shake off the proprietary authority, and renounce their allegiance. Their letters from Trott served to confirm the truth, which intimated that Yonge, though an officer of the Proprietors, by mean subtilty and chicane had a.s.sisted the people in forming plausible pretences for that purpose. For three months Yonge attended the Palatine's court, to give the board all possible information about the state of affairs in their colony, and to accomplish the ends of his appointment. After all, he was given to understand, that the business on which he was sent was extremely disagreeable to them; that both the trouble he had taken, and the office he had accepted as agent for the people, were inconsistent with his duty as one of their deputies, bound to act agreeable to their instructions. They declared their displeasure with the members of the council who had joined the lower house in their complaints against Trott and removed them from the board, appointing others in their place, and increasing the number of members; and told Yonge, that he also would have been deprived of his seat but for the high respect they had for Lord Cartaret the absent Palatine, whose deputy he was. With respect to Chief Justice Trott, they had too much confidence in his fidelity and capacity to remove him from his office. On the contrary, they sent him a letter, thanking him for his excellent speech in defence of their right of repealing all laws made in the colony; together with a copy of the articles of complaint brought against him, on purpose to give him an opportunity of vindicating himself; at the same time acquainting him, that it was their opinion and order, that he withdraw from the council-board whenever appeals from his judgments in the inferior courts shall be brought before the Governor and council as a court of chancery.

[Sidenote] And letter to the governor.

How far Governor Johnson, in their opinion, had deviated from his duty, in joining the other branches of the legislature in their representation, may be learned from the Proprietors letter, brought over to him by Yonge, which runs in the following words: "Sir, we have received and perused your letters and all your papers, delivered us by your agent Mr. Yonge; and though we are favourably inclined in all our thoughts relating to our Governor, yet we must tell you, we think you have not obeyed the orders and directions given you to dissolve that a.s.sembly and call another forthwith, according to the ancient usage and custom of the province, and to publish our repeals of the acts of a.s.sembly immediately upon the receipt of our orders aforesaid; but we shall say no more on that subject now, not doubting but our Governor will pay more punctual obedience to our orders for the future.

"The Lords Proprietors right of confirming and repealing laws was so particular a privilege granted them by the charter, that we can never recede from it; and we do allure you, we are not a little surprised that you have suffered that prerogative of ours to be disputed.

"We have sent you herewith an instruction under our hands and seals, nominating such persons as we think fit to be of the council with you, six of whom and yourself, and no less number, to be a quorum. Upon your receipt of this we hereby require you to summon the said council, that they may qualify themselves according to law, and immediately sit upon the despatch of business. We also send you the repeal of the acts of a.s.sembly, which we order you to publish immediately upon the receipt of this. We do a.s.sure Mr. Johnson, that we will stand by him in all things that relate to the just execution of his office, and we are confident that he will perform his duty to us, and support our power and prerogatives to the best of his abilities. If the a.s.sembly chosen according to your pretended late act is not dissolved, as we formerly ordered, and a new a.s.sembly elected, pursuant to the act formerly confirmed by the Proprietors, you are forthwith commanded to dissolve that a.s.sembly, and to call another, according to the above-mentioned act; and so we bid you heartily farewel."

[Sidenote] Who obeys their commands.

Such was the result of Yonge's negociation in England. Governor Johnson, who was well acquainted with the prevailing temper and discontented spirit of the people, plainly perceived, upon receiving these new orders and instructions, what difficulties would attend the execution of them.

The flame was already kindled, and nothing could be imagined more likely to add fewel to it than such rigour and oppression. It is true, the Governor had received authority, but he wanted power to act agreeable to their instructions. Determined, however, to comply with their commands, he summoned his council of twelve men whom the Proprietors had nominated, who were, William Bull, Ralph Izard, Nicholas Trott, Charles Hart, Samuel Wragg, Benjamin de la Consiliere, Peter St. Julien, William Gibbons, Hugh Butler, Francis Yonge, Jacob Satur and Jonathan Skrine, some of whom refused, and others qualified themselves, to serve. Alexander Skene, Thomas Broughton, and James Kinloch, members of the former council, being now left out of the new appointment, were disgusted, and joined the people. The present a.s.sembly was dissolved, and writs were issued for electing another in Charlestown, according to the custom and usage of the province. The duty-act, from which the clergy were paid, the garrisons maintained, and the public debts in general were defrayed, was repealed; the law respecting the freedom of election was also repealed, by which the colonists were obliged to have recourse to the old, inconvenient and tumultuous manner of elections in Charlestown: the act declaring the right of the commons to nominate a public receiver was also annulled, and declared to be contrary to the usage and custom of Great Britain. All laws respecting the trade and s.h.i.+pping of Great Britain, which any future a.s.sembly might pa.s.s, the Governor had instructions to refuse his a.s.sent to, till approved by the Proprietors. The provincial debts incurred by the Indian war, and the expedition against pirates, not only remained unpaid, but no more bills of credit were allowed to be stamped, for answering those public demands. This council of twelve, instead of seven men, which was appointed, the colonists considered as an innovation in the proprietary government exceeding the power granted their Lords.h.i.+ps by their charter, and therefore subjecting them to a jurisdiction foreign to the const.i.tution of the province. The complaints of the whole legislature against Chief Justice Trott were not only disregarded, but that man, whom they considered as an enemy to the country, was privately caressed and publicly applauded. All these things the colonists considered as aggravated grievances, and what rendered them the more intolerable was the circ.u.mstance of being deprived of all hopes of redress.

It may be thought somewhat unaccountable and astonis.h.i.+ng, that the Proprietors should have persisted in measures so disagreeable and oppressive of themselves, and so manifestly subversive of their authority and power. Many were the hards.h.i.+ps from the climate, and the danger from savages, with which the poor colonists had to struggle; yet their landlords, instead of rendering their circ.u.mstances as easy and comfortable as possible, seemed rather bent on crossing their humours and doubling their distress. The people could now no longer regard them as indulgent fathers, concerned for the welfare of their colony, but as tyrannical legislators, that imposed more on them than they were able to bear. Was it not the duty of the Proprietors to listen to their just complaints, and redress their heavy grievances? Was it not their interest to consult the internal security, and by every means promote the speedy improvement and population of their colony? What could more effectually answer these ends, than to cultivate the esteem and preserve the affections of the people? Nothing else could render their government stable and respectable. But, after all, perhaps the troubles and miseries the colonists suffered ought to be ascribed to their Lords.h.i.+ps shameful inattention to provincial affairs, rather than to their tyrannical disposition. Lord Carteret, the Palatine, held high offices of trust under the Crown, which occupied his chief study and attention. Some of the Proprietors were minors, others possessed estates in England, the improvement of which engrossed their whole care and delight. Having reaped little or nothing from their American possessions, and finding them every year becoming more troublesome and expensive, it is probable they trusted the affairs of their colony to a clerk, or secretary, who was no ways interested in their prosperity and success. With this secretary Chief Justice Trott had established a correspondence, of whose wisdom and abilities the Proprietors entertained the highest opinion, and in whose integrity and fidelity they placed unlimited confidence. He held of them many offices of trust and emolument, which, together with his haughty and overbearing conduct, rendered him the object of popular envy and clamour. The colonists needed indulgence from their circ.u.mstances and situation; Trott, being made totally dependent on the Proprietors will for the tenure of his office and the amount and payment of his salary, strongly supported their power and prerogative. Hence those various struggles between the Proprietors and people, which were daily growing more serious and violent, and threatened totally to subvert the proprietary government.

[Sidenote] An invasion threatened from Spain.

About this time a rupture having taken place between the courts of Great Britain and Spain, a project for attacking South Carolina and the island of Providence was formed at the Havanna, and preparations were making there for the expedition. Governor Johnson, having received advice from England of this design, resolved immediately to put the province in a posture of defence. For this purpose he summoned a meeting of council, and such members of a.s.sembly as were in town, to inform them of the intelligence he had received, and to desire their advice and a.s.sistance in case of any sudden emergency. He told them of the shattered condition of the fortifications, and urged the necessity of speedy reparations; and for this end proposed a voluntary subscription, beginning with a generous offer himself, as an example to others. He declared that one day's delay might prove fatal to the province, as they were uncertain how soon the enemy might be at their door; and recommended unanimity and despatch. The a.s.sembly replied, that a subscription was needless, as the income of the duties would be sufficient to answer the purpose intended. The Governor objected, that the duty-law had been repealed, and none other yet framed in its place. To which the a.s.sembly answered, they had resolved to pay no regard to those repeals, and that the public receiver had orders from them to sue every man that should refuse to pay as that law directed.

Chief Justice Trott told them, if any action or suit should be brought into his courts on that law, he would give judgment for the defendant. In short, the contest between the two houses at this meeting became warm, insomuch that the conference broke up before any thing was concluded with regard to the public safety. The a.s.sembly were obstinate, and seemed determined to hazard the lots of the province to the Spaniards, rather than yield to the council, and acknowledge the Proprietors right of repealing their laws.

[Sidenote] An a.s.sociation formed against the Proprietors.

Governor Johnson, however, at such a juncture, judging it prudent to be always in the best posture of defence; for uniting the strength of the province called a meeting of the field-officers of the militia, ordered them to review their regiments, and fixed a place of general rendezvous.

Indeed such was the uneasy and distracted state of the colony, that the Spaniards could scarcely have attacked it at a time more seasonable for obtaining an easy conquest. At this meeting the field-officers of the militia received their orders with their usual submission, and called together the different regiments, on pretence of training the men to expert use of arms. But before this time the members chosen to serve in a.s.sembly, though they had not met in their usual and regular way at Charlestown, had nevertheless held several private meetings in the country, to concert measures for revolting from their allegiance. They had drawn up a form of an a.s.sociation for uniting the whole province in opposition to the proprietary government, which was proposed to the people at this public meeting of the militia, as an opportunity the most favourable for procuring a general subscription. The people, oppressed and discontented, with eagerness embraced the proposal, and, almost to a man, subscribed the a.s.sociation, promising to stand by each other in defence of their rights and privileges, against the tyranny of the Proprietors and their officers. This confederacy was formed with such secresy and dispatch, that, before it reached the Governor's ears, almost the whole inhabitants were concerned in it. The a.s.sembly, after having thus brought the people in general to back them, had then nothing to do but to go on, in taking such bold and vigorous steps as seemed best calculated for accomplis.h.i.+ng their end.

CHAP. VI.

The members of a.s.sembly, as I already observed, having formed their resolution to revolt, and gone so far as to bring the people to stand by and support them, in spite of every obstacle determined to proceed, until they should bring themselves under the protection of the King. As they had the whole civil power to encounter, and many difficulties to surmount it may not be improper the more particularly to mark the various steps they took to accomplish this end. United in their view by the greatness of the danger, we shall see they regularly made their attacks.. They formed their outworks first at a distance, and then brought them gradually nearer; and, in short, raised none but such as afterwards served to support others in the difficult progress of their future operations.

[Sidenote] The people's encouragement to revolt.

At the election of a.s.sembly in Charlestown, Trott and Rhett, who formerly had such influence and sway, were now become so obnoxious that they could not bring one man into the house. Alexander Skene, formerly excluded from the council, was elected a member of this new a.s.sembly, which was chosen on purpose to oppose the civil officers, considering themselves as ill used by the Proprietors, turned a zealous and active person for pulling down the tottering fabric of their government. This man, together with several other members of a.s.sembly, held frequent meetings, to consider of all their grievances, and the encouragements they had received from time to time from Britain, respecting the great end they now had in view. They recalled to mind what had pa.s.sed in the House of Peers during the reign of Queen Anne, how her majesty had then ordered her Attorney and Solicitor-general to consider of the most effectual methods of proceeding against the charter. They knew also, that a bill had been brought into the House of Commons, for reducing all charter and proprietary governments into regal ones. They had been informed that Lord Carteret, conscious of the inability of the Proprietors to defend their province in the Yama.s.see war, had publicly applied for a.s.sistance from the British government, and that the Lords of trade were of opinion, that the government of the province should belong to that power which bore the expence of its protection. They had considered all these things, and flattered themselves with the hopes, that the King would take the colony under his care as soon as they renounced allegiance to the Proprietors.

And as the time drew nigh in which they expected an attack from a powerful nation, they concluded that the province needed a.s.sistance of the Crown at the present, more than at any time past. They had convinced the people of the manifold advantages of the British const.i.tution, and the great happiness of those colonies which were under the immediate care and protection of the Crown, insomuch that they now desired nothing more upon earth, than to enjoy the same invaluable privileges.

[Sidenote] Their letter to the Governor signifying their design.

To these secret meetings and transactions Governor Johnson, who lived at his plantation several miles from Charlestown, was an entire stranger, until he received the following letter, bearing date November 28, 1719, and signed by Alexander Skene, George Logan, and William Blakeway. "Sir, we doubt not but you have heard of the whole province entering into an a.s.sociation to stand by their rights and privileges, and to get rid of the oppression and arbitrary dealings of the Lords Proprietors. As we always bore you the greatest deference and respect imaginable, we take this opportunity to let you know, that the committee of the people's representatives were last night appointed to wait on you this morning, to acquaint you, that they have come to a resolution to have no regard to the Proprietors officers, nor their administration: and withal to beg, that your honour will hold the reigns of government for the King, till his Majesty's pleasure be known. The great value the whole country express for your honour's person, makes them desirous to have n.o.body but yourself to govern them; and as you must be convinced, that no person can be more pa.s.sionately fond of your government than ourselves, we hope you will not take amiss any advice given by faithful and affectionate friends; and therefore we take the liberty to tell you freely, we are of opinion that your honour may take the government upon you, upon the office of the people, for the King, and represent to the Proprietors, that rather than the whole country should be in confusion, and want a governing power, you held it for their Lords.h.i.+ps, though you were obliged to comply with the colonists, who were unanimously of opinion they would have no Proprietors government. We could wish for a longer and better opportunity to explain this matter to you; but it is impossible, for the gentlemen will be with you in two hours at farthest. We heartily wish your honour the utmost success, let it go which way it will; but beg leave to observe, that your compliance will not only be the greatest satisfaction to the province in general, but also to your humble servants."

[Sidenote] Which the Governor endeavours to defeat.

This letter, though fraught with the highest professions of respect to the Governor, he nevertheless considered as an insult; but especially the advice, which he deemed both highly derogatory to his integrity as a man, and his fidelity as a governor. The bait thrown out to appearance was specious and flattering, yet the Governor had too much penetration, not to see under its false colours the naked hook. The letter, however, served to give him notice of the a.s.sociation, and the resolution of the people, which it was his duty by all means possible to defeat. For this purpose he hastened to town, and summoned his council, to take their advice in a case so unexpected and alarming. Meeting accidentally with Alexander Skene, he informed him that the committee who were appointed to wait on him had changed their minds, and were gone to their respective places of abode. Governor Johnson, nevertheless, informed his council of the a.s.sociation, and required their advice and a.s.sistance about the most effectual methods of breaking it up, and supporting the proprietary government. He perceived that, although he was called Governor, yet Trott ruled the province, and therefore resolved to do nothing without his advice, that he might be equally responsible with the rest for the ill consequences which he was apprehensive would attend their future proceedings. The council were not a little perplexed what step to take; but as the committee had altered their intention of waiting on the Governor, they were of opinion that no notice should be taken of their proceedings, until the a.s.sembly should meet in a legal manner, revive the matter, and bring it regularly before them; hoping that the people, upon more cool reflection, might drop their dangerous resolution.

[Sidenote] Proceedings of the convention.

In the mean time the members of a.s.sembly were using their utmost diligence among the people of the province to keep them firm to their purpose, having got almost every person, except the officers of the Proprietors and a few of their friends, to sign the a.s.sociation. All agreed to support whatever their representatives should do for disengaging the colony from the yoke of the Proprietors, and putting it under the government of the King. Having thus fortified themselves by the union of the inhabitants, the a.s.sembly met on purpose to take bolder and more decisive steps: and being apprehensive that the Governor would dissolve them, so soon as their proceedings reached his ears, they instantly came to the following resolutions: "First, That the several laws pretended to be repealed are still in force within the province, and could nor be repealed and made void and null but by the General a.s.sembly of this province, and that all public officers and others do pay due regard to the same accordingly. Secondly, That the writs, whereby the representatives here met were elected, are illegal, because they are signed by such a council as we conceive the Proprietors have not a power to appoint; for that this council does consist of a greater number of members than that of the Proprietors themselves, which we believe is contrary to the design and original intent of their charter, and approaching too near the method taken by his majesty and his predecessors in his plantations, whom they ought not to pretend to imitate or follow, his majesty not being confined to any number of counsellors, but as he thinks fit; but the Proprietors, as subjects, we believe, are bound by their charter. Thirdly, That we the representatives cannot act as an a.s.sembly, but as a convention delegated by the people, to prevent the utter ruin of this government, if not the loss of the province, till his majesty's pleasure be known: and, lastly, That the Lords Proprietors have by such proceedings unhinged the frame of their government, and forfeited their right to the same; and that an address be prepared, to desire the honourable Robert Johnson, our present Governor, to take the government upon him in the King's name, and to continue the administration thereof until his Majesty's pleasure be known."

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 a.s.sembly. 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 finis.h.i.+ng 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 a.s.sembly who shall dispute their Lords.h.i.+ps 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 circ.u.mstances.

"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 const.i.tuted; 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 const.i.tuting a council after the manner they have now done? If you deny their general power and authority in this province, and say, that their Lords.h.i.+ps have forfeited their charter, as Mr. Berrisford a.s.serted, 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 a.s.surance 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 a.s.sume such a power, by what authority do you a.s.sume it?