perty. These, and many more acts of the like atrocious nature, were committed by this rapacious Governor during the short time of his administration. At length the people, weary of his impositions and extortions, agreed to take him by force and ship him off for England. Then he humbly begged of them liberty to remain in the country, promising to submit his conduct to the trial of the assembly at their first meeting. When the assembly met, thirteen different charges were brought against him, and all supported by the strongest evidence; upon which, being found guilty, they compelled him to relinquish the government and country for ever. An account of his infamous conduct was drawn up and sent to the proprietors, which filled them with astonishment and indignation. He was ordered to England to answer the accusations brought against him, and was informed that his refusal would be taken as a further evidence and confirmation of his guilt. The law for disabling landgrave James Colleton from holding any authority, civil or military, in Carolina, was repealed; and strict orders were sent out to the grand council to support the power and prerogative of the proprietors. But, to compose the minds of the people, they declared their detestation of such unwarrantable and wanton oppression, and protested that no Governor should ever be permitted to grow rich on their ruins.

Hitherto South Carolina had been a scene of contention and misery. The fundamental constitution, which the proprietors thought the most excellent form of government upon earth, was disregarded. The Governors were either ill qualified for their office, or the instructions given them were injudicious. The inhabitants, far from living in friendship and harmony among themselves, had also been turbulent and ungovernable. The proprietary government was weak, unstable, and little respected. It did not excite a sufficient interest for its own support. The title of landgraves were more burthensome than profitable; especially as they were only joined with large tracts of land, which, from the want of laborers, lay uncultivated. The money arising from the sale of lands and the quit-rents, was inconsiderable-hard to be collected, and by no means equal to the support of government. The proprietors were unwilling to involve their English estates for the improvement of American property; and, on the whole, their government was ill supported.

Another source of controversy between the proprietors and the people, was the case of the French refugees. Many of these, exiled from their own country towards the close of the 17th century, had settled in the province; particularly in

Craven county.' * They were an orderly, industrious, religious people. Several brought property with them which enabled them to buy land, and settle with greater advantages than many of the poorer English emigrants. While they were busy in clearing and cultivating their lands, the English settlers began to revive national antipathies against them and to consider the French as aliens and foreigners, legally entitled to none of the privileges and advantages of natural born subjects. The proprietors took part with the refugees, and instructed their Governor, Philip Ludwell, who, in 1692, had been appointed the successor of Seth Sothell, to allow the French settled in Craven county, the same privileges and liberties with the English colonists; but the people carried their jealousy so far, that at the next election for members to serve in the Assembly, Craven county, in which the French refugees lived, was not allowed a single representative. At this period, the Assembly of South Carolina consisted of twenty members, all chosen in Charlestown.

A further cause of dissention respected the trial of pirates. The proprietors, mortified at the inefficacy of the laws in bringing these enemies of mankind to justice, instructed Governor Lee to change the form of drawing juries; and required that all pirates should be tried and punished by the laws of England, made for the suppression of piracy; but this innovation in the laws of the colony, was opposed by the people.

There subsisted a constant struggle between the inhabitants and the officers of the proprietors. The former claimed great exemptions on account of their indigent circumstances. The latter were anxious to discharge the duties of their trust, and to comply with the instructions of their superiors. When quit-rents were demanded, some refused payment; others had nothing to offer. When actions were brought for their recovery, the planters murmured and were discontented at the terms of holding their lands. The fees of the Courts and Sheriffs were such that, in all actions of small value they exceeded the debt. To remedy this inconvenience, the Assembly made a law for empowering Justices of the Peace to hear, and finally to determine all causes not exceeding forty shillings sterling. This was agreeable to the people, but not to the officers of justice. Governor Ludwell proposed to the Assembly to consider of a new form of a deed for holding

*South Carolina, soon after its first settlement, was divided into four counties, Berkeley, Craven, Colleton and Carteret. Berkeley county filled the space round the capital; Craven to the northward; and Colleton contained Port Royal, and the islands in its vicinity, to the distance of thirty miles. Carteret lay to the south

west.

lands, by which he encroached on the prerogative of the proprietors, incurred their displeasure, and was soon after removed from the government.

To find another man equally well qualified for the trust, was a matter of no small difficulty. Thomas Smith, being in high estimation for his wisdom and probity, was deemed to be the most proper person to succeed Ludwell. Accordingly, a patent was sent out 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, in the year 1693, under all possible advantages, entered on it. He was previously acquainted with the state of the colony, and with the tempers and dispositions of the leading men in it. He knew that the interests 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.

The government of the province still remained in a confused and turbulent state. Complaints from every quarter were made to the Governor, who was neither able to quiet the minds of the people nor to afford them the relief they wanted. The French refugees were uneasy that there was no provincial law to secure their estates to the heirs of their body, or the next of kin; and feared that on the demise of the present possessors, their lands would escheat to the proprietors and their children become beggars. The English colonists, also, perplexed the Governor with their complaints of hardships and grievances. At last, landgrave Smith wrote to the proprietors that he despaired of ever uniting the people in interest and affection-that lie and many more, weary of the fluctuating state of public affairs, had resolved to leave the province; and that he was convinced nothing would bring the settlers to a state of tranquility and harmony, unless they

* This patent, dated May 13th, 1691, after reciting the authority of the propri etors to constitute titles and honors in the province; and to prefer men of merit, and to adorn such with titles and honors; and also stating the fundamental constitutions by which it was established-"that there should be landgraves and cassiques, who should be perpetual and hereditary nobles and peers of the province; and that Thomas Smith, a person of singular merit, would be very serviceable by his great prudence and industry;" proceeds to constitute him landgrave, together with four baronies of 12,000 acres of land each: and it farther declares, "that the said title and four baronies should for ever descend to his heirs, on paying an annual rent of a penny, lawful money of England, for each acre." If the proprietary government had continued, the title, honors, emoluments and lands derived from this patent, would now be possessed by Thomas Smith, son of Henry, who is the lineal heir of the original Thomas Smith. Such have been the changes which, in the course of a little more than a century, have taken place, that this is the only known instance in which any one of Mr. Locke's Carolina nobility can trace back his pedigree to the original founder.

A

sent out one of the proprietors with full powers to redress grievances, and settle differences in their colony.

The proprietors resolved to try the expedient landgrave Smith had suggested, and sent out John Archdale, a man of considerable knowledge and discretion-a quaker and a proprietor.

The arrival of this pious man occasioned no small joy among all the settlers. Private animosities and civil discords seemed for a while to lie buried in oblivion. The Governor soon found three interesting matters demanded his particular attention to restore harmony and peace among the colonists: to reconcile them to the jurisdiction and authority of the proprietors and to regulate their policy and traffic with the Indians. Such was the national antipathy of the English settlers to the French refugees, that Archdale found their total exclusion from all connection with the legislature was absolutely necessary; and therefore issued writs of elections directing them only to Berkeley and Colleton counties. Ten members for the one and ten for the other, all Englishmen, were accordingly chosen by the freemen of the same nation. At their meeting the Governor made a seasonable speech to both houses, acquainting them with the design of his appointment-his regard for the colony-and great desire of contributing towards its peace and prosperity. They in return presented affectionate addresses to him, and entered on public business with temper and moderation. Governor Archdale, by his great discretion, settled matters of general moment to the satisfaction of all excepting the French refugees. The price of lands, and the form of conveyances, were fixed by law. Three years' rent was remitted to those who held land by grant, and four years to such as held them by survey without grant. It was agreed to take the arrears of quit-rents either in money or commodities at the option of the planters. Magistrates were appointed for hearing causes between the settlers and Indians, and finally determining all differences between them. Public roads were ordered to be made, and water passages cut for the more easy conveyance of produce to the market. Some former laws were altered, and such new statutes made as were judged requisite for the government and peace of the colony. Public affairs began to put on an agreeable aspect, and to promise fair towards the future welfare of the settlement. But as for the French refugees, the Governor could do no more than to recommend to the English freeholders to consider them in the most friendly point of light and to treat them with lenity and moderation.

No man could entertain more benevolent sentiments with respect to the savages, than Governor Archdale. To protect

them against insults, and establish a fair trade and friendly intercourse with them, were regulations which humanity required and sound policy dictated. But the rapacious spirit of individuals could be curbed by no authority. Many advantages were taken of the ignorance of Indians in the way of traffic. Several of the inhabitants, and some of those who held high offices, were too deeply concerned in the abominable trade to be easily restrained from seizing their persons and selling them for slaves to the West India planters.

Governor Archdale having finished his negotiations in Carolina, made preparations for returning to Britain. Though the government, during his administration, had acquired considerable respect and stability, yet the differences among the people still remained. Former flames were rather smothered than extinguished, and were ready on the first stirring to break out and burn with increased violence. Before he embarked the Council presented to him an address, to be transmitted to the proprietors, expressing "the deep sense they had of their Lordship's paternal care for the colony, in the appointment of a man of such abilities and integrity to the government, who had been so happily instrumental in establishing its peace and security." They observed, "that they had now no contending factions nor clashing interests among the people, excepting what respected the French refugees; who were unhappy at their not being allowed all the privileges and liberties of English subjects, particularly those of sitting in assembly and voting at the election of its members, which could not be granted them without losing the affections of the English settlers and involving the colony in civil broils-that Governor Archdale, by the advice of his council, chose rather to refuse them these privileges than disoblige the bulk of the English settlers that by his wise conduct they hoped all misunderstandings between their Lordships and the colonists were happily removed-that they would for the future cheerfully concur with them in every measure for the speedy population and improvement of the country-that they were now levying money for building fortifications to defend the province against foreign attacks, and that they would strive to maintain harmony and peace among themselves." Governor Archdale received this address with peculiar satisfaction, and promised to present it to the proprietors.

After his arrival in England he laid this address, together with a state of the country and the regulations he had established in it, before the proprietors; and showed them the necessity of abolishing many articles in the constitutions, and framing a new plan of government. Accordingly they began to compile new constitutions from his information. Forty