Notwithstanding the excellence of this form of trial, it must be confessed that justice has not always had its free course, nor been administered with impartiality by the officers and judges appointed by the proprietors for this purpose. Pirates, for instance, are a body of men whom all civilized nations are bound in honour and justice to crush; yet, instead of this, by bribery and corruption they often found favour with the provincial juries, and by this means escaped the hands of justice. About this time forty men arrived in a privateer called the Royal Jamaica, who had been engaged in a course of piracy, and brought into the country treasures of Spanish gold and silver. These men were allowed to enter into recognizance for their peaceable and good behaviour for one year, with securities, till the governor should hear whether the proprietors would grant them a general indemnity. At another time a vessel was shipwrecked on the coast, the crew of which openly and boldly confessed, they had been in the Red sea plundering the dominions of the Great Mogul. The gentleness of government towards those public robbers, and the civility and friendship with which they were treated by the people, were evidences of the licentious spirit which prevailed in the colony. For although all men ought to be tender of the lives of their fellow-creatures, and permit ten guilty persons to escape rather than one innocent man should suffer; yet, to bring pirates to justice is a duty which both national honour and the common welfare of society necessarily require. For if we allow such public robbers to escape with impunity, it may be attended with serious and fatal consequences; it may prove the occasion of war and bloodshed to nations in general, to the prejudice of navigation, and the destruction of many innocent lives, which might have been prevented by proper and legal punishments. The Proprietors were disposed to consider piracy in this dangerous light, and therefore instructed Governor Ludwell to change the form of electing juries, and required that all pirates should be tried and punished by the laws of England made for the suppression of piracy. Before such instructions reached Carolina, the pirates, by their money and freedom of intercourse with the people, had so ingratiated themselves into the public favour, that it was become no easy matter to bring them to trial, and dangerous to punish them as they deserved. The courts of law became scenes of altercation, discord, and confusion. Bold and seditious speeches were made from the bar, in contempt of the Proprietors and their government. Since no pardons could be obtained but such as they had authorised the governor to grant, the assembly took the matter under deliberation, and fell into hot debates among themselves about a bill of indemnity. When they found the governor disposed to refute his assent to such a bill, they made a law impowering magistrates and judges to put in force the habeas corpus act made in England. Hence it happened, that several of those pirates escaped, purchased lands from the colonists, and took up their residence in the country. While money flowed into the colony in this channel, the authority of government was a barrier too feeble to stem the fide, and prevent such illegal practices. At length the proprietors, to gratify the people, granted an indemnity to all the pirates, excepting those who had been plundering the Great Mogul, most of whom also found means of making their escape out of the country.
In this community there subsisted a constant struggle between the people and the officers of the Proprietors: the former claimed great exemptions and indulgences, on account of their indigent and dangerous circumstances; the latter were anxious to discharge the duties of their trust, and to comply with the instructions of their superiors. When quitrents were demanded some refused payment, others had nothing to offer. When actions were brought against all those who were in arrears, the poor planters murmured and complained among themselves, and were discontented at the terms of holding their lands, though, comparatively speaking, easy and advantageous. It was impossible for any governor to please both parties. The fees also of their courts and sheriffs were such, that, in all actions of small value, they exceeded the debt to be recovered by them. To remedy this inconvenience, the assembly made a law for empowering justices of the peace to hear, and finally to determine, all causes of forty shillings sterling value and under. This was equally agreeable to the people, as it was otherwise to the officers of justice. At length, to humour the planters, the governor proposed to the assembly, to consider of a new form of a deed for holding lands, by which he encroached on the prerogative of the proprietors, who had referred to themselves the sole power of judging in such a case, incurred their displeasure, and was soon after removed from the government.
[Sidenote] Thomas Smith appointed governor.
To find another man equally well qualified for the trust, was a matter at this time of no small difficulty to the Proprietors. Thomas Smith was a man possessed of considerable property, much esteemed by the people for his wisdom and sobriety; such a person they deemed would be the most proper to succeed Ludwell, as he would naturally be both zealous and active in promoting the prosperity and peace of the settlement. Accordingly a patent was sent out to him creating him a landgrave, and, together with it, a commission investing him with the government of the colony. Mr. Ludwell returned to Virginia, happily relieved from a troublesome office, and Landgrave Smith, under all possible advantages, entered on it. He was previously acquainted with the state of the colony, and with the tempers and complexions of the leading men in it. He knew that the interest of the Proprietors, and the prosperity of the settlement were inseparably connected. He was disposed to allow the people, struggling under many hardships, every indulgence consistent with the duties of his trust. No stranger could have been appointed to the government that could boast of being in circumstances equally favourable and advantageous.
[Sidenote] The planting of rice introduced.
About this time a fortunate accident happened, which occasioned the introduction of rice into Carolina, a commodity which was afterwards found very suitable to the climate and soil of the country. A brigantine from the island of Madagascar touching at that place in her way to Britain, came to anchor off Sullivan's island. There Landgrave Smith, upon an invitation from the captain, paid him a visit, and received from him a present of a bag of seed rice, which he said he had seen growing in eastern countries, where it was deemed excellent food, and produced an incredible increase. The governor divided his bag of rice between Stephen Bull, Joseph Woodward, and some other friends, who agreed to make the experiment, and planted their small parcels in different soils. Upon trial they found it answered their highest expectations. Some years afterwards, Mr. Du Bois, treasurer to the East-India Company, sent a bag of seed rice to Carolina, which, it is supposed, gave rise to the distinction of red and white rice, which are both cultivated in that country. Several years, however, elapsed, before the planters found out the art of beating and cleaning it to perfection, and that the lowest and richest lands were best adapted to the nature of the grain; yet, from this period, the colonists persevered in planting it, and every year brought them greater encouragement. From this small beginning did the staple commodity of Carolina take its rife, which soon became the chief support of the colony, and its great source of opulence. Besides provisions for man and beast, as rice employs a number of hands in trade, it became also a source of naval strength to the nation, and of course more beneficial to it, than foreign mines of silver and gold. From the success attending this inconsiderable beginning, projectors of new schemes for improvement may draw some useful lessons, especially where lands are good, and the climate favourable to vegetation.
[Sidenote] Occasions a necessity for employing negroes.
With the introduction of rice planting into this country, and the fixing upon it as its staple commodity, the necessity of employing Africans for the purpose of cultivation was doubled. So laborious is the task of raising, beating, and cleaning this article, that though it had been possible to obtain European servants in numbers sufficient for attacking the thick forest and clearing grounds for the purpose, thousands and ten thousands must have perished in the arduous attempt. The utter inaptitude of Europeans for the labour requisite in such a climate and soil, is obvious to every one possessed of the smallest degree of knowledge respecting the country; white servants would have exhausted their strength in clearing a spot of land for digging their own graves, and every rice plantation would have served no other purpose than a burying ground to its European cultivators. The low lands of Carolina, which are unquestionably the richest grounds in the country, must long have remained a wilderness, had not Africans, whose natural constitutions were suited to the clime and work, been employed in cultivating this useful article of food and commerce.
[Sidenote] Perpetual slavery repugnant to the principles of humanity and Christianity.
So much may be said for the necessity of employing Africans in the cultivation of rice; but great is the difference between employing negroes in clearing and improving those rich plains, and that miserable state of hardship and slavery to which they are there devoted, and which has been tolerated and established by the law of the land. If we view this race, first ranging over the hills of Africa, equally free and independent as other rude nations on earth, and from thence inveigled by frauds or compelled by force, and then consigned over to a state of endless slavery, we must confess the change is great and deplorable, especially to an impartial and disinterested eye. Without them, it is acknowledged, slow must have been the progress of cultivation in Carolina; but, from such a confederation, what man will presume to vindicate the policy of keeping those rational creatures in perpetual exile and slavery. Nature had given them an equal right to liberty as to life, and the general law of self-preservation was equally concerned for the preservation of both. We would be glad then to know, upon what principle of equity and justice the English traders found their right to deprive the freeborn inhabitants of Africa of their natural liberty and native country; or on what grounds the planter afterwards founds his right to their service during life, and that of all their posterity, to the latest generation. Can the particular laws of any country supersede the general laws of nature? Can the local circumstances of any province upon earth be pled in excuse for such a violent trade, and for such endless slavery in consequence of it? Besides, has not this trade a tendency to encourage war and plunder among the natives of Africa? to set one tribe against another, to catch and trepan their neighbours, on purpose to barter them for European trinkets to the factories? Nor is the traffic confined to the captives of war alone, who have been subjected to slavery by many nations; for so ardently do they covet the pernicious liquors and trifling commodities carried to them from Europe, that, without scruple, they will part with their nearest relations, their wives and children not excepted, to procure them. Thus civilized nations, by such a traffic, have made barbarians more barbarous, and tempted them to commit the most cruel and unnatural actions.