1669
Constitution of Mr. Locke.
The proprietors, dissatisfied with their own systems, applied to Mr. Locke for the plan of a constitution. They supposed that this profound and acute reasoner must be deeply skilled in the science of government. In compliance with their request, he framed a body of fundamental laws which were approved and adopted. A palatine for life was to be chosen from among the proprietors, who was to act as president of the palatine court, which was to be composed of all those who were entrusted with the execution of the powers granted by the charter. A body of hereditary nobility was created, to be denominated Landgraves, and Caciques, the former to be invested with four baronies, consisting each of four thousand acres, and the latter to have two, containing each two thousand acres of land. These estates were to descend with the dignities for ever.
The provincial legislature, denominated a Parliament was to consist of the proprietors, in the absence of any one of whom, his place was to be supplied by a deputy appointed by himself; of the nobility; and of the representatives of the freeholders, who were elected by districts. These discordant materials were to compose a single body which could initiate nothing. The bills to be laid before it were to be prepared in a grand council composed of the governor, the nobility, and the deputies of the proprietors, who were invested also with the executive power. At the end of every century, the laws were to become void without the formality of a repeal. Various judicatories were erected, and numerous minute perplexing regulations were made. This constitution, which was declared to be perpetual, soon furnished additional evidence, to the many afforded by history, of the great but neglected truth, that experience is the only safe school in which the science of government is to be acquired; and that the theories of the closet must have the stamp of practice, before they can be received with implicit confidence.
1670
The duke of Albemarle was chosen the first palatine, but did not long survive his election; and lord Berkeley was appointed his successor. The other proprietors were also named to high offices; and Mr. Locke was created a landgrave.
After this change of constitution, the attention of the proprietors was first directed to the south. A settlement was made at Port Royal, under the conduct of William Sayle, who had been appointed governor of that part of the coast which lies south-west of cape Carteret. He was accompanied by Joseph West, who was intrusted with the commercial affairs of the proprietors, and who, with the governor, conducted the whole mercantile business of the colony.
William Sayle, after leading the first colony to Port Royal, and convening a parliament in which there were neither landgraves nor caciques, became the victim of the climate; after which, the authority of sir John Yeamans, who had hitherto governed the settlement at cape Fear, was extended over the territory south-west of cape Carteret. In the same year, the foundation of old Charlestown was laid, which continued, for some time, to be the capital of the southern settlements.
While these exertions were making in the south, great dissatisfaction was excited in Albemarle. In 1670, Stevens, the governor, had been ordered to introduce into that settlement, the constitution prepared by Mr. Locke. This innovation was strenuously opposed; and the discontent it produced was increased by a rumour, which was not the less mischievous for being untrue, that the proprietors designed to dismember the province. There was also another cause which increased the ill humour pervading that small society. The proprietors attempted to stop the trade carried on in the vessels of New England, and the attempt produced the constant effect of such measures—much ill temper both on the part of those who carried on the traffic, and of those for whom it was conducted.
At length, these discontents broke out into open insurrection. The insurgents, led by Culpeper, who had been appointed surveyor-general of Carolina, obtained possession of the country, seized the revenues, and imprisoned the president, with seven deputies who had been named by the proprietors. Having taken possession of the government, they established courts of justice, appointed officers, called a parliament, and, for several years, exercised the powers of an independent state; yet they never, formally, disclaimed the power of the proprietors.