The Rise and Progress of the Colonies of South Carolina and Georgia. Alexander Hewatt
them to make such orders and ordinances as might be necessary to the government of the people and the preservation of peace, and as were not repugnant to the laws and statutes of England. Liberty was given to the king's liege subjects to transport themselves and families to settle the province, only they were to remain immediately subject to the crown of England, and to depend thereon for ever; and were not compellable to answer to any cause or suit in any other part of his majesty's dominions but in England and Wales.
Of the foundamental constitutions.
Agreeable to the powers with which the proprietors were invested by their charter, they began to frame a system of laws for the government of their colony; in which arduous task they called in the great philosopher John Locke to their assistance. A model of government, consisting of no less than one hundred and twenty different articles, was framed by this learned man, which they agreed to establish, and to the careful observance of which, to bind themselves and their heirs for ever. But there is danger of error, where speculative men of one country attempt to sketch out a plan of government for another, in a different climate and situation. This legislator must be acknowledged to have possessed great abilities and merit; yet his fine-spun system proved in effect useless and impracticable. Several attempts were afterwards made to amend these fundamental constitutions, but all to little purpose; the inhabitants, sensible of their impropriety, and how little they were applicable to their circumstances, neither by themselves, nor by their representatives in assembly, ever gave their assent to them as a body of laws, and therefore they obtained not the force of fundamental and unalterable laws in the colony. What regulations the people found applicable and useful, they adopted at the request of their governors; but observed them on account of their own propriety and necessity, rather than as a system of laws imposed on them by British legislators.
As the proprietors were so fond of these constitutions, and expressed so much zeal for their establishment, it may not be improper to give a short and imperfect view of them, especially such as were allowed to take place in the government of the colony. The eldest of the eight proprietors was always to be Palatine, and at his decease was to be succeeded by the eldest of the seven survivors. This palatine was to sit as president of the palatine's court, of which he and three more of the proprietors made a quorum, and had the management and execution of all the powers of their charter. This palatine's court was to stand in room of the king, and give their assent or dissent to all laws made by the legislature of the colony. The palatine was to have power to nominate and appoint the governor, who, after obtaining the royal approbation, became his representative in Carolina. Each of the seven proprietors was to have the privilege of appointing a deputy to sit as his representative in parliament, and to act agreeable to his instructions. Besides a governor, two other branches, somewhat similar to the old Saxon constitution, were to be established, an upper and lower house of assembly; which three branches were to be called a Parliament, and to constitute the legislature of the country. The parliament was to be chosen every two years. No act of the legislature was to have any force unless ratified in open parliament during the same session, and even then to continue no longer in force than the next biennial parliament, unless in the mean time it be ratified by the hands and seals of the palatine and three proprietors. The upper house was to consist of the seven deputies, seven of the oldest landgraves and cassiques, and seven chosen by the assembly. As in the other provinces the lower house was to be composed of the representatives from the different counties and towns. Several officers were also to be appointed, such as an admiral, a secretary, a chief justice, a surveyor, a treasurer, a marshal, and register; and besides these, each county was to have a sheriff and four justices of the peace. Three classes of nobility were to be established, called Barons, Cassiques, and Landgraves; the first to possess twelve, the second twenty-four, and the third forty-eight thousand acres of land, and their possessions were to be unalienable. Military officers were also to be nominated, and all inhabitants from sixteen to sixty years of age, as in the times of feudal government, when summoned by the governor and grand council, were to appear under arms, and, in time of war, to take the field.
With respect to religion, three terms of communion were fixed: First, To believe that there is a God; Secondly, That he is to be worshipped; And, thirdly, That it is lawful and the duty of every man when called upon by those in authority, to bear witness to the truth. Without acknowledging which, no man was to be permitted to be a freeman, or to have any estate or habitation in Carolina. But persecution for observing different modes and ways of worship, was expressly forbid, and every man was to be left full liberty of conscience, and might worship God in that manner which he in his private judgment thought most conformable to the divine will and revealed word. This was the opinion of Mr. Locke with respect to religious matters. He chose the word of God for his rule of life, and was used to say, "That, at the day of judgment, it would not be asked whether he was a follower of Luther or Calvin; but whether he embraced the truth in the love of it."
William Sayle visits Carolina.
Notwithstanding these preparations, several years elapsed before the proprietors of Carolina made any serious efforts towards its settlement. In 1667, they fitted out a ship, gave the command of it to Captain William Sayle, and sent him out to bring them some account of the coast. In his passage Captain Sayle was driven by a storm among the Bahama islands, which accident he improved to the purpose of acquiring some knowledge of them; particularly the island of Providence, which he judged might be of service to the intended settlement of Carolina; for, in case of an invasion from the Spaniards, this island, fortified, might be made to serve either as a check to the progress of their arms, or a useful retreat to unfortunate colonists. Leaving Providence, he sailed along the coast of Carolina, where he observed several large navigable rivers emptying themselves into the ocean, and a flat country covered with woods. He attempted to go ashore in his boat, but observing some savages on the banks of the rivers, he was obliged to drop his design; and, after having explored the coast and the mouth of the rivers, he took his departure and resumed to England.
And is appointed the first governor of it.
His report to his employers, as might naturally be expected, was favourable. He praised their possessions, and encouraged them to engage with vigour in the execution of their project. His observations respecting the Bahama islands induced them to apply to the king for a grant of them. Charles bestowed on them by patent all those islands lying between the 22d and 27th degrees of north latitude. Nothing then remained but to make preparations for sending a colony to Carolina. Two ships were procured, on board of which a number of adventurers embarked, with provisions, arms, and utensils requisite for building and cultivation. William Sayle, who had visited the country, was appointed the first governor of it, and received a commission, bearing date July 26, 1669. The expences of this first embarkation amounted to twelve thousand pounds, which vigorous effort was a proof that the proprietor entertained no small hopes with respect to their palatinate. The number of men, however, must have been inconsiderable, and no ways adequate to the undertaking, especially when we consider the multitude of savages that ranged through that extensive wilderness.
Settles his colony on Ashley river.
In what place Governor Sayle first landed is uncertain; but he was dissatisfied with his first situation, and, moving to the southward, took possession of a neck of land between Ashley and Cooper rivers. The earliest instructions we have seen upon record were directed to the governor and council of Ashley river, in which spot the first settlement was made that proved permanent and successful. This place, however, was more eligible for the convenience of navigation than for the richness of its soil. But to struggle amidst a complication of difficulties and dangers was the lot of such adventurers; to surmount which, at this early period, no small degree of fortitude, patience and perseverance must have been requisite.
Hardship of the first settlers, from the climate.
New settlers in all countries and climates are subject to many hardships, especially such as are in low and indigent circumstances; but those of the first settlers of Carolina must have equalled, if not surpassed, every thing of the kind to which men in any age have been exposed. To fell the trees of the thick forest, and build habitations for themselves, would probably be their first employment, before they began to clear their spots of ground for raising the necessaries of life. In such a low country, and warm climate, even this task must have been a considerable burden. But Carolina, like other