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 assembly and call another forthwith, according to the ancient usage and custom of the province, and to publish our repeals of the acts of assembly 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 assembly, which we order you to publish immediately upon the receipt of this. We do assure 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 assembly chosen according to your pretended late act is not dissolved, as we formerly ordered, and a new assembly elected, pursuant to the act formerly confirmed by the Proprietors, you are forthwith commanded to dissolve that assembly, 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 assembly 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 shipping of Great Britain, which any future assembly might pass, the Governor had instructions to refuse his assent 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 Lordships by their charter, and therefore subjecting them to a jurisdiction foreign to the constitution 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 circumstance of being deprived of all hopes of redress.
It may be thought somewhat unaccountable and astonishing, 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 hardships from the climate, and the danger from savages, with which the poor colonists had to struggle; yet their landlords, instead of rendering their circumstances 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 Lordships 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 circumstances 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 assembly as were in town, to inform them of the intelligence he had received, and to desire their advice and assistance 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 assembly 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 assembly 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 assembly 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 association 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 assembly, 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 association 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 association, 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 assembly, 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 accomplishing their end.