The expedition sailed again on the 26th of February, 1670, in the “Carolina” and a sloop bought at Bermuda (where Sayle had, twenty years before, founded a colony of Presbyterians).[742] The Barbadoes sloop, with about thirty persons on board, had gone to Nansemond, Virginia, and joined the rest of the expedition at Kiawah in the month of May. The other two vessels, about a fortnight after leaving Bermuda, had reached the coast at a place called Sewee,[743] in March, and proceeded thence to Port Royal harbor, their point of destination, and where the instructions of the Proprietors directed them to go. They remained there a few days. Governor Sayle summoned the freemen, according to instructions annexed to his commission, and they elected Paul Smith, Robert Donne, Ralph Marshall, Samuel West, and Joseph Dalton their representatives in the council, which consisted of ten, the other five being deputies named by the Proprietors. The governor and council, by the same instructions, were to select the place for building a fort and a town. Upon examination the land at Kiawah was judged better, and a more defensible position could there be found than at Port Royal. A discussion was held, and, the governor favoring Kiawah, it was determined to remove and settle there permanently. Weighing anchor, they sailed northward as to their home at last, and in the month of April selected for their residence a bluff which they named Albemarle Point, on the western bank of Kiawah River, now called the Ashley, and began to build a town which they named Charles Town, and to erect fortifications. Safely settled after a perilous voyage, when now, borne down with daily toil, they sank to rest, soothing dreams of prosperity and happiness, no doubt, renewed their courage for the labors and dangers of the morrow.[744]
The administration of the colony devolved on the governor, representing the Palatine (the Duke of Albemarle),[745] and the council, representing partly the other Lords Proprietors and partly the people. On the 4th July, 1670, the governor and council—because the freeholders were “nott neere sufficient to elect a Parliament,” as the instructions required—promulgated certain orders for the better observance of the Sabbath; and a certain William Owens, arguing that a parliament was necessary for such legislation, persuaded the people to elect one among themselves, “which they did and returned to said governor.” But this 4th July spirit of independence was not persisted in, the members elect receding from their own “election into dignity.”[746] The council continued to exercise all necessary legislative and judicial as well as executive power, till a parliament was formed.
Sayle was about eighty years of age and in feeble health, and died on 4th March, 1671, transferring his authority, as he was empowered to do, on the man of his choice. He selected Joseph West, his able assistant, who had brought the colonists from England under commission as “Governor and Commander in Chief of the Fleet.”
Scarcely had the English entrenched themselves when the jealous Spaniards sent a party to attack them; but finding them stronger than they expected, they returned to St. Augustine. The chief reason for not settling at Port Royal, as they were directed to do, was evidently the exposure of that situation to attacks, both from hostile Indians and the Spaniards who instigated them, and who, from their early exploration and settlement, claimed the noble harbor, of which Ribault had said, a century before, the largest ships of France, “yea, the argosies of Venice,” might enter therein.[747]
Sayle’s nomination of West, to act with all the authority conferred upon himself, was of force only till the pleasure of the Proprietors could be known. When they were informed of Sayle’s decease, they gave the position of governor to Sir John Yeamans (commission dated August, 1671); continuing West, however, as superintendent of important interests in the colony. He was made governor when Yeamans was displaced (1674); and in December, 1679, their lordships wrote to him, “We are informed that the Oyster Point is not only a more convenient place to build a town on than that formerly pitched on by the first settlers, but that people’s inclinations tend thither; we let you know the Oyster Point is the place we do appoint for the port town, of which you are to take notice and call it Charles Town.” The public offices were removed thither and the council summoned to meet there, and, in 1680, thirty houses were erected. Even before this, some settlers had left old Charles Town and taken up their residence at Oyster Point. Great interest was aroused in all that pertained to the colony by the active exertions and liberal offers of the Proprietors. Every vessel that sailed to Charles Town brought new-comers. The Proprietors’ trading-ship “Blessing” followed the first expedition, its “main end” and chief employment being to transport emigrants from Barbadoes, where Yeamans and Thomas Colleton were to advise and help Captain Halsted in this work of emigration. The “Carolina,” in a return voyage from the same island, had brought sixty-four settlers, and the “John and Thomas” forty-two. In the “Phœnix” from New York a number of German families arrived, who began to build James Town on the Stono River. When Sir John Yeamans came to reside at Charles Town (April, 1672) he brought the first negro slaves into the colony. In 1680, the date of the removal to Oyster Point, the settlers numbered about 1,200; in 1686, they were estimated at 2,500, English, Irish, Scotch, French, and Germans. It is of significance, with respect to the first political acts of these settlers, to bear in mind that they were mostly dissenters. Boone, agent in London for a large portion of the people, stated in his petition to the House of Lords (in 1706) that after the reëstablishment of the Church of England by the Act of Uniformity, many subjects of the Crown, “who were so unhappy as to have some scruples about conforming to the rites of said Church, did transplant themselves and families into said Colony, by means whereof the greatest part of the inhabitants there were Protestant Dissenters from the Church of England.” We must remember, too, that religious freedom was promised as an inducement to emigrate. As Governor Archdale said, the charter “had an overplus power to grant liberty of conscience, although at home was a hot persecuting time.” And this overplus power was at first very fairly used. All denominations lived harmoniously together, till Lord Granville became Palatine, whose tyrannical disruption of the religious privileges of the colonists (by excluding dissenters from the colonial legislature) nearly cost the Proprietors their charter. The felling of forests, clearing of plantations, experimenting in agricultural products, establishing stock farms, building habitations, opening a peltry trade with the Indians, forming military companies for mutual defence against hostile tribes, and against the French at times, and at times against the Spaniards, exploring the adjacent country, caring for and nursing the sick who succumbed to the malarial influences of the sultry low country along the coast, where the settlers were for many years compelled to reside,[748]—amidst such circumstances there was no disposition for religious dissension and none for political differences among themselves. And when political opposition did arise, it was for civil rights, and between the colonists as one party and the Lords Proprietors and their official representatives as the other party. The rights for which they contended against irritating obstacles engendered a persistent spirit of political advancement which led to the overthrow of the proprietary government in 1719, and in further development through the royal administration culminated in constitutional self-government. In this respect, the history of no other colony presents a more interesting and instructive record. The awakening of the people to a determined maintenance of what they deemed right and just began with the stubborn efforts of the Proprietors to force the colonists to adopt their scheme of government, the Fundamental Constitutions. The people declared the charter of Charles II. to be fundamental enough for them. The facts involved in this contention are now to be related.
Locke and Shaftesbury’s elaborate and cumbrous system, solemnly adopted by the Proprietors, suited only (if it could be made to suit) a large population. A copy was sent out for the first governor, but not to be immediately put in force. He was to govern by “instructions” annexed to his commission, and prefaced with the words “In regard the number of the people which will at first be set down at Port Royal will be so small, together with want of Landgraves and Cassiques, that it will not be possible to put our Grand Model of government in practice at first;” the instructions, coming as nigh as practicable to the Grand Model, must be used instead. The same “paucity of nobility” and people is given as the reason for two sets of Temporary Laws (1671, 1672) and the Agrarian Laws (1672). The governor and council are told to follow always the latest instructions; a prudent order, for they came in so quick succession, and with so many alterations, that they may have confused the wisest of governors. In these official papers two principles are prominent: one that nothing should be debated or voted in the parliament (the majority representing the people) “but what is proposed to them by the council” (the majority representing their lordships); the other “that the whole foundation of the government is settled upon a right and equal distribution of land,”—for the Proprietors and provincial aristocracy, first; then the common people could have their subordinate little share.[749]
Contrast with these official regulations framed in London the actions of Governor West and his council as recorded in the “Council Journals” for 1671-72, still preserved in the office of the secretary of state. They were exercising, on account of the “paucity of nobility,” all executive, judicial, and legislative powers with promptness and energy, and were fully supported by the people. They proclaimed war against the Kussoe Indians, had all fire-arms repaired, began to construct a fort, raised military companies, commissioned their officers, and reduced the enemy to submission. They heard and decided complaints and legal issues, and punished criminals, distributed lands, and provided for the health and security of the community. They denied to Sir John Yeamans, Landgrave though he was, any claim to gubernatorial authority, under the Fundamental Constitutions, and had him before their tribunal for cutting timber not his own. It is said he retired again to Barbadoes. But he was commissioned governor and reappeared in the colony, and was “disgusted that the people did not incline to salute him as governor.” In obedience to instructions, he immediately summoned, by proclamation, the freemen to assemble and elect a parliament of twenty members, and to select five of their number to be members of the grand council. This legislative body (April, 1672), the first we have knowledge of in the colony, had at this time very little power, compared with the council; but it was destined to become, as the representative of the people, the most potent factor in the political development of subsequent years. Sir John Yeamans, two years later, gave place again (as before stated) to his rival, Colonel West, whom the Proprietors declared the “fittest man” to be governor.[750] He had, more than any other in the province, promoted the best interests both of the people and of their lordships. There was some scarcity of provisions at the close of Yeamans’ administration, and he was charged with exporting, for his own advantage, too great a quantity of the agricultural products of the colony. Commotions ensued, and John Culpepper, surveyor, was engaged in them or instigated them; and having left Charles Town, he found in North Carolina popular discontents more ready for rebellious activity. The cause of the commotions at Charles Town does not clearly appear. The settlement was so prolific in all that sustains life—in forest, in fields, in a harbor abounding in fish, in herds of swine and cattle—that it is strange to hear of a scarcity of food; even in 1673, when want is said to have threatened the people, provisions were exported to Barbadoes.
Governor Sayle, for reasons already stated, was not to put in force altogether the Fundamental Constitutions; there was, however, a copy “sent under our hands and seales,” as is mentioned in his commission. The project of founding the new colony was based on this special scheme of government. It is positively stated by the colonists, in their letter to Sothel (1691), that this set originally sent bore date July 21, 1669; was “fairly engrossed in parchment, and signed and sealed” by six of the Proprietors; and as all persons were required to swear submission to them before they could take up land, “several hundred of the people arriving here did swear accordingly.” A MS. copy[751] of this set, but without signatures, is in the Charleston library. It does not contain the article establishing the Church of England. In other respects it is as favorable to settlers as the revised set bearing date March 1, 1669-70, and containing that article. That many colonists (the majority being dissenters) preferred the first set sent with Sayle’s commission may thus be reasonably accounted for. It was afterwards repudiated by the Proprietors (those who were then Proprietors) as “but a copy of an imperfect original,” to use the words ascribed to them in the letter to Sothel; and they say themselves in their letter to the Grand Council, May 13, 1691, “The Constitution, so-called, and dated 21 July, 1669, we do not nor cannot own as ours.” The second set was printed, and, it is said, was not known at Ashley River till February, 1673.[752]