debted, with a liberality that coft him little. The pretence, which had been used on former occafions, of a pious zeal for the propaga tion of the gospel among the Indians, was fuccefs fully employed to procure a grant of the immenfe region lying between the 36° of north latitude, and the river St. Matheo under the 31°. March 24, 1663, this territory was erected into a province by the name of Carolina, and conferred on Lord Clarendon, the Duke of Albemarle, Lord Craven, Lord Berkley, Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, as abfolute lords proprietaries for ever, taving the fovereign allegiance due to the crown. The charter feems to have been copied from that of Maryland, fo extenfive in its powers, and fo noble in its privileges. The noblemen held their first meeting in May; and, at the defire of the NewEngland people above-mentioned, published propofals to all that would plant in Carolina. They declared, that all perfons fettling on Charles river, to the fouthward of Cape Fear, fhould have power to fortify its banks, taking the oath of allegiance to the king, and submitting to the government of the proprietaries-that the emigrants might present to them thirteen perfons, in order that they might appoint a governor and council of fix for three years-that an affembly, compofed of the governor, the council, and delegates of the freemen, fhould be called as foon as circumftances would allow, with power to make laws, not contrary to those of England, nor of any validity after the publication of the diffent of the proprietaries-that every one fhould enjoy the most perfect freedom in religion-that during five years, every freeman fhould be allowed one hundred acres of land, and fifty for every fervant, paying only an half-penny an acre-and that the fame freedom from cuftoms, which had been confirmed by the royal charter, fhould be allowed to every one.

The proprietaries appointed Sir William Berkley, then Governor of Virginia, general fuperintendent of the affairs of the county of Albemarle, within the boundaries of which, a fmall plantation, of the New-Englanders probably, had been established for fome years, on the north-eastern fhores of the river Chowan. Sir William Berkley repaired to the county, confirmed and granted lands on the conditions before mentioned, appointed Mr. Drummond, the first governor, and likewife other officers, and then returned to Virginia.

The affembly being diffatisfied with the tenures by which they held their lands, petitioned the proprietaries, that the people of AlbeVOL. III. marle

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marle might hold their poffeffions on the fame terms on which the Virginians enjoyed theirs, which was granted.

In 1665, the proprietaries appointed John Yeamans, a respectable planter of Barbadoes, commander in chief of Clarendon county, ftretching from Cape Fear to the river St. Matheo, and he was at the fame time created a baronet. To fecure its prosperity, the fame powers were conferred, and the fame conftitution established, as those which had made Albemarle happy.

A fettlement was alfo projected to the fouthward of Cape Ro main, which acquired the name of Carteret. Thus a variety of separate and independent colonies, each of which had its own government, its own affembly, its own customs and laws, were established in Carolina.

In June the proprietaries obtained a fecond charter, which recited and confirmed the former. They were enabled to make laws for the province, with the confent of the freemen or their delegates; and likewise to grant titles of honour by the creation of a nobility. No one prerogative of the crown was referved, except the fovereign do

minion.

Samuel Stephens, Efq. was appointed governor of Albemarle in October 1667, and was commanded to act agreeable to the advice of a council of twelve, the one half of which he was to appoint, the other was to be chofen by the affembly. The Affembly was to be compofed of the governor, the council, and twelve delegates chofen annually by the freeholders. Various regulations provided for the fecurity of property; and no taxes were to be imposed without the confent of the Affembly. The proprietaries might mean no more, than that neither they, nor the governor and council, should impose taxes without the confent of the Affembly; but the mode of expreffion tended to confirm the people at large in the opinion of their being exempted from all taxes which had not the consent of their own Affembly. The fettlers had their lands confirmed, and granted to be now held by the free tenure of foccage, expreffing a certain rent and independence. All men are declared entitled to equal privileges, on taking the oath of allegiance to the king, and of fidelity to the pro. prietaries.

It was not till 1669 that an Affembly conftituted as above mentioned was convened; when it was enacted, "none fhould be fued during five years for any caufe of action arifing out of the country, and none fhall accept a power of attorney, to receive the debts

contracted

contracted abroad." Hence this colony was long confidered as the refuge of the criminal, and the afylum of the fugitive debtor.

The proprietaries at length, diffatisfied with every fyftem which they had hitherto devifed for the government of their province, figned in July a body of fundamental constitutions compiled by the celebrated Locke, giving as a reason, "That we may establish a government agreeable to the monarchy of which Carolina is a part, and may avoid making too numerous a democracy."

By this edict a palatine was to be chofen from among the proprietaries for life; who was to act as prefident of the palatine court, compofed of the whole, which was intrufted with the execution of the powers of the charter. A body of hereditary nobility was created, and denominated landgraves and caciques; the former were to be invested with four baronies, each confifting of twelve thousand acres, the latter to have two, containing one half of that quantity; and thefe eftates were to defcend with the dignities infeparable. There were to be as many landgraves as counties, and twice as many caciques, but no more. Two fifths of the counties, ftyled figniories and baronies, were to be poffeffed by the nobility; the other three fifths, called the colonies, were to be left among the people.

The provincial legislature, dignified with the name of Parliament, was to be biennial, and to confift of the proprietaries or landgraves, or the deputy of each, of the cacique nobility and of the reprefentatives of the freeholders of every district, who were to meet in one apartment, and every member to enjoy an equal vote: but no business was to be propofed till it had been debated in the grand council, whofe duty it was to prepare bills for parliamentary confideration. The Grand Council was to be composed of the governor, the nobility, and the deputies of the proprietaries (these being abfent,) and was invested with the executive of the province. The Church of England was alone to be allowed a public maintenance by Parliament; but every congregation might tax its own members for the support of its own minifters; and to every one was allowed, perfect freedom in religion. However the most degrading slavery was introduced, by investing in every man the property of his negro.*

Locke's Works, vol. iv. p. 519, &c. 1779.

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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 forins 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, under William Sayle, Efq. appointed governor of that part of the coast which lies fouth-west of Cape Carteret, to form a colony at PortRoyal. They arrived fafe; and as it was found impracticableto conform to the conftitutions, it was determined to keep as close to them as poffible, ayle dying, Sir John Yeamans had his command extended to and over tais colony, in Auguft, 1671. This year feveral planters reforted from Clarendon on the north, and Port-Royal on the fouth, to the banks of Afhley river, for the convenience-of pasture and tillage, and laid on the first 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 constitutions. The temporary laws were of no long duration, being derided by a people without whofe confent they had been established.

In May, 1674, Joseph Weft, Efq. was appointed governor of the southern colony, in the room of Sir John Yeamans, with whofe conduct the proprietaries were diffatisfied. But the difficulty of establishing the colony was not overcome for years; not till people repaired to it at their own expenfe, and men of eftate ventured thither under the full perfuafion of being fairly treated. In expectation of fuch treatment, the Diffenters being haraffed by perfecutions in England, 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 also by their personal acceffions. But the promifing appearances of the country inviting over many of a very dif ferent ftamp, 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 prefent Charleston, and built thirty houfes. 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 afterward immediately refigned his administration to Mr. Jofeph Moreton. Thence commenced a reiterated change of governors. Kyrle, Weft, 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 flare of the province. He was guilty of fuch bribery, extortion, injuftice, rapacity, breach of trust, and difobedience 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 proposal. The Affembly 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 co. lonies, 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 practifed, but juftified 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 exemp tion was inufted upon with the fame fpirit, that it was contended during this reign, that a king of England may difpenfe with the law.

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