South Carolina as a royal province, 1719-1776

Front matter

(^mull mmrmitg ^ilrmg

THE GIFT OF

The original of tliis book is in tlie Cornell University Library.

Preface

Students of the Frencli Kevolution have long since come to realize that they must begin their researches at least as early as the reign of Louis XIV., if they would understand the real significance of that great movement. The same is true of our American Revolution. The historian who takes the Peace of 1763 as the starting point will find himself involved in difficulties that are insurmountable. Without assuming, as Chalmers does, that the colonists were all along consciously striving for independence, I think that we may safely affirm that the real history of the revolt dates from the founding of the first English settlement in Virginia. From that time until the final appeal to arms in 1775 there was in every colony an unceasing struggle between the representatives of the people and the representatives of prerogative interests. The general character of the conflict was the same in all, a reproduction on a small scale of the constitutional history of the mother country. The object of this monograph is to trace the progress of the struggle in South Carolina, with the hope that it may throw some light upon the history of the American Revolution.

The author desires to express his obligations to those who have aided him in the preparation of this work. Though but few can be mentioned by name, the services of all are held in grateful remembrance. He vi PEEFACE

feels especially indebted to Professor Herbert L. Osgood, of Columbia University, wbo suggested tbe subject and lessened the labors of composition by bis encouragement and advice.

Acknowledgment should also be made to the Honorable M. K. Cooper, formerly Secretary of State of South Carolina, and to Mr. Jesse T. Gantt and Mr. David Means of his office for courtesies extended while searching the colonial archives ; to Mr. Yates Snowden and Mr. August Kohn, of the Charleston News and Courier, for assistance in securing access to the various collections in Charleston; to Mrs. M. B. Jackson, of Austin, Texas, for aid in revising and correcting the manuscript ; and to my friend, Dr. Chauncey B. Tinker, of Yale University, for reading the proof.

W. Roy Smith.

TABLE OF CONTENTS INTRODUCTION. The Peoprietaey Period (1670-1719)

PAGE.

Introduction

Unity of colonial history 1

Plan of book 2

The Proprietary Period.

Establishment and early development of the colony 3

Three phases of proprietary rule 7

Struggle between settlers and proprietors (1670-1700) .... 7

Struggle between Churchmen and Dissenters (1700-1706) . 8 Renewed struggle between settlers and proprietors (1706-

1719) 11

War with the Yemassees 12

Repeal of election laws 12

Nicholas Trott and the judiciary 12

Revolution of 1719 13

Appointment of public officials 15

Power of initiating legislation 20

Summary 21

CHAPTER I. Origin and Development op the System During the Proprietary Period Charters of 1663 and 1665 25

Fundamental Constitutions 26

Commissions and instructions 26

Disputes between the settlers and the proprietors 28

Quit rents 28

Land laws of 1696 29

Land frauds 31

Purchase of proprietary interests by the crown (1729) 32

vii viii TABLE OF CONTENTS

CHAPTER II. Land Frauds Baronial grants 34

Closing of the land office ( 1719-1731 ) 36

Opinion in the Johnson case 36

Quit Rent Act of 1731 37

Opportunity for fraud 37

Arguments of Surveyor-General St. John and Attorney-General

Whitaker against the act 38

Revenge of the land speculators 41

Dispute over Judge Wright's salary. An independent judiciary 44

Success of the speculators 48

Results of massing land in large tracts 48

Commissioner McCulloh's attempts to put an end to frauds 48

Opposition of governor and council 49

Closing of the land office (1773) 52

New system of granting land (1774) 52

CHAPTER III. Quit Rents Collections during the proprietary period 54

Proprietary claims purchased by crown (1729) 55

Quit Rent Act of 1731 56

McCulloh's attempts to secure a better rent roll 57

Proposals of 1741. Presentment of the Charleston grand jury. 58

Dispute with Secretary Hammerton 60

Dispute over the election of a public treasurer 61

Rent Roll Bill of 1744 62

Judge Whitaker's arguments in favor of it 65

McCulloh's objections 66

Probable fate of the bill in England 67

Summary. Reasons for failure of the crown 69

CHAPTER I. The Executive The Governor ^3

Method of appointment ■j^

Tenure •j^

TABLE OF CONTENTS ix

Order of succession 74

Remuneration. Salary, fees, fines, and forfeitures 74

Commissions and instructions. The written constitution of the

province 78

Powers 79

Legislative 79

Financial 80

Administrative 81

Judicial 82

Ecclesiastical 83

Military 83

Diplomatic 84

Miscellaneous 84

The Council 85

Method of appointment 86

Tenure 86

Powers. Threefold character 87

Other Executive Officials 88

CHAPTER II. The Legislatuke Development during the proprietary period 89

The Governor 90

The Council 90

Powers and privileges 90

Exclusion of the governor 92

Confusion of functions 94

Officials 95

The Commons House of Assembly 95

Election Laws 95

Qualifications of electors 97

Qualifications of members 98

Apportionment of representatives 100

Procedure in elections lOI

Organization of house 101

Powers and privileges 103

Method of passing bills 105

Quorum 107

Duration of assemblies 108

Officers. Disputes over election of speaker and clerk 110

X TABLE OF CONTENTS

Remuneration 115

Attempted changes in the election law 115

CHAPTER III. The Judiciary Judicial Powers of the Governor and Council 118

Court of error 118

Ordinary court 119

Court of chancery 119

Common Law Courts 120

Origin 120

Common law adopted into the province (1712) 121

Chief Justice Nicholas Trott 122

Judiciary Act of 1720 122

Encroachment on judicial powers of the governor 122

Jury Act of 1731 126

Jury system 126

Court of general sessions placed on a statutory basis 127

Prisoners allowed council 127

Acts of 1732 and 1734. Repealed in England 128

Court of common pleas placed on a statutory basis 130

Whitaker letter of February 3, 1742 131

Power of courts to pass upon constitutionality of laws .... 132

The Circuit Court Act of 1769 133

Necessity for courts in the back country. The Regulators 133

Purchase of provost marshal's interests 134

Chief provisions 134

Repealed in England 136

Tenure of judges 136

Salary of court officials 136

Method of appointing sheriffs 136

Regulators and Scovilites 137

Act of 1769 13g

Approved by the king 5^33

Judges appointed ]^39

Building of court houses and gaols I39

Law put into operation ( 1772) 242

Two circuits j^j

TABLE OF CONTENTS xi

Lower Courts 141

Justices of the peace 141

Appointment 141

Powers and duties 142

Attempt to establish " courts of conscience " ( 1747) 142

Courts for trial of negroes 143

Coroners 145

Attempt to establish county and precinct courts (1721) 145

The Admiralty Court 147

Difficulty in enforcing Acts of Trade and Navigation 147

Admiralty court established ( 1697 ) 148

Unsuccessful attempt of the British government to centralize

the colonial admiralty 149

Court of vice-admiralty for all America (1764) 149

Four courts of vice-admiralty ( 1768 ) 149

Powers and jurisdiction of the court 150

Piracy, treason, felony, and murder 150

Acts of Trade and Navigation 153

Maritime cases in general 1 54

Prize cases 155

Attempt to establish a court of exchequer 156

Commission issued (1732) 156

Assembly refuses to pass jury law 157

CHAPTER IV. CoLONiAi, Agents Different kinds of agents 158

Establishment and early history of the South Carolina agency

(1704-1749) 159

Ash and Boone 159

Kettleby 159

Boone and Beresford 160

Yonge and Lloyd. Committee of correspondence. Duties of

an agent 161

Wragg 163

Fury. Method of election 164

Assembly secures control over the agent. (1749-1775) 164

James Crokatt appointed 165

Continued in office against the will of governor and council .... 166

Nature of the victory 168

James Wright appointed 169 xii TABLE OF CONTENTS

Charles Garth. Assembly controls committee of correspondence 169

Advantages of control over agency 170

CHAPTER V. Militia and Defense Militia 171

Necessity for militia organization 171

Militia Laws 173

Officers 173

Men 175

Miscellaneous provisions 177

Artillery 177

Charleston watch 178

Patrol 179

Effectiveness of the system as a wliole 181

Number liable to duty 182

Rangers 182

Provincial Navy 187

Independent Companies 192

Coast Defenses. Charleston fortifications 196

Frontier Defenses 208

Port Royal and Fort Moore ( 1716 ) 208

Fort King George ( 1721 ) 209

Pallachocola Old Town (1723) 209

Fort Frederick ( 1731 ) 210

Fort Prince George ( 1753 ) 210

Fort Loudon (1756) 211

Indian Relations 212

Provincial control (1670-1756) 213

Early regulations (1670-1707) 213

Plural commissioner system (1707-1716) 214

Public corporation system ( 1716-1721 ) 214

Plural commissioner system ( 1721-1723) , 215

Trouble with Virginia traders 216

Governor and council ( 1723-1724) 217

Single commissioner system ( 1724-1751 ) 217

Governor, council, and assembly (1751-1752) 218

Single commissioner system ( 1752-1756) 218

TABLE OF CONTENTS xiii

Dispute with Georgia 218

Dispute between the governor and assembly 219

Establishment of the two superintendeneies (1756) 222

Extension of powers ( 1764) 224

Eegulation of trade (1764-1768 ) 225

CHAPTER VI. Financial History Introduction ^ 228

Meaning of Financial History 228

Financial statics and dynamics 228

A. Monetary System 229

Various mediums of exchange in use 229

English coins 229

Produce 229

Spanish, Mexican, and Peruvian coins. Proclamation money . . 230

Subsequent issues of the proprietary and revolutionary

Struggle between council and assembly over the currency

Nicholson's administration (1721-1725) 234

Imprisonment of merchant petitioners 236

Repeal in England 240

Sinking fund act (1724) 241

Middleton's administration ( 1'725-1730) 241

Efforts of assembly to

(a) Evade sinking fund act 243

(b) Issue new bills 245

Johnson's administration ( 1730-1735) 268

Appointment 268

Currency problem before the Board of Trade 269

Solution of problem ( 1731 ) 271

Sinking fund law suspended 272

Public orders issued to pay provincial debts. 272

Dispute over President Middleton's salary 273

Bills of credit reissued 273 xiv TABLE OF CONTENTS

Attempts to increase currency after 1731 274

Parliamentary restrictions 275

Struggle between Governor Glen and the assembly 275

Table of amounts issued 276

Purposes of issues 277

Tax certificates 277

Assembly issue in 1774 278

Summary of monetary system 278

B. Revenue System 279

Financial statics. Sources of revenue 279

Direct taxes 280

Procedure in framing tax bills 280

Analysis of a. bill 282

Apportionment between Charleston and the country 282

Articles taxed 282

Method of assessment and collection 282

Amount raised by direct taxation 284

Import and export duties 285

Sketch of tariff legislation 285

Attempts to encourage ship-building 286

Specific appropriation of tariff receipts 287

Amount raised 287

Tunnage duty. Powder 288

Fees and licenses 288

Fines and forfeitures 288

Quit rents 288

Total revenues for year 1746 288

Financial dynamics. Struggle over money bills (1721-1760) . . 289 Council examines accounts and amends money bills (1721-

1725) 289

Dispute over allowance to Boone and Trott 289

Salary of the council clerk 290

Renewed dispute over Boone's allowance 290

Assembly denies right of council to amend (1725-1736) .. 291

Annual tax bill of 1725 291

Legislative procedure 291

Speaker Broughton's interpretation of the o-overnor's thirty-fifth instruction 294

TABLE OF CONTENTS xv

Annual tax bill of 1735. Dispute over salary of the

chief justice 295

Pinckney resolutions 296

Assembly denies right of council to examine the accounts

(1737) 302

Assembly committee supervises public expenditures (1737) 305 Three constitutional advances. William Bull's administration (1737-1743) 306

(a) Governor excluded from the legislative council (1739) 306

(b) Extension of the assembly's control over money bills (1739) 306

Change in legislative procedure 311

(c) Assembly controls the election of the public treasurer (1743) 312

Administration of Governor Glen (1743-1756) 314

General character of his administration 314

Membership of the council 315

Dispute over tax bill for 1745 315

Council amendments disregarded 316

Assembly refuses to confer with the council on the

estimates ( 1747) 317

Right of council to suggest amendments denied (1748) 318

Extensive claims of the assembly 319

The council defines a money bill ( 1749) 320

Governor Glen vetoes a tax bill (1753) 321

Dispute over the colonial agency (1753-1756) 321

Resolution of March 21, 1755 322

Administration of Governor Lyttleton (1756-1760) 325

Dispute over tax bill for 1756 325

Assembly veins a victory 325

Right of council to sit as an upper house denied . . 325

General character of Lyttleton's administration 327

Summary 327