The

opposed to their increase and protracted circulation. police of the country was without energy. Demagogues endeavored to gain popularity by flattering the people, while others were equally active in courting the favor of the proprietors by personal attentions, and by vindicating their claims. The real good of the people was a secondary object with both. The government was not administered for the benefit of the governed. The latter were dissatisfied, and by a judicious exertion of their inherent rights, obtained a change for the better.

CIVIL HISTORY OF SOUTH CAROLINA.

CHAPTER IV.

Royal Government from 1720 to 1776.

The form of government conferred on Carolina when it became a royal province, was formed on the model of the British Constitution. It consisted of a Governor, a Council and Assembly. To them the power of making laws was committed. The King appointed the Governor, and delegated to him his constitutional powers. The Council was appointed by the King to advise the Governor, and to assist in legislation; and was intended to represent the House of Lords. The Assembly, like the House of Commons in Great Britain, consisted of the representatives of the people; and was elected by them to be the guardians of their lives, liberties, and property. The Governor convened, prorogued, and dissolved the Assembly, and had a negative on the bills of both houses and the execution of the laws. He also had powers of chancery, admiralty, of supreme ordinary, and of appointing magistrates and militia officers. After bills received his assent they were sent to Great Britain for royal approbation. But were obligatory as laws in the meantime, unless they were passed with a saving clause. The Governor received his instructions from England, and it was his duty to transmit authentic accounts of the state of his province, that these instructions might be founded in truth and utility. This is a general sketch of the royal government given to the privince of Carolina, in lieu of the proprietary system. The change soon appeared to be for the better.

Early in 1721 General Francis Nicholson arrived in South Carolina, with a royal commission to be Governor. He was generous, bold, and steady. Possessing the firmness, integrity

and honor of a soldier, he was well qualified for discharging the duties of his exalted station. The people received him with uncommon demonstrations of joy. The voice of murmur and discontent, together with the fears of danger and oppression, were banished from the province. The people resolved to forget former animosities, and to bury past offences in eternal oblivion. The only contention was who should be the most zealous in promoting the union, peace, and prosperity of the settlement. They looked upon themselves as happily delivered from a confused and distracted state; and anticipated all the blessings of freedom and security.

Soon after his arrival, Governor Nicholson issued writs for the election of a new Assembly. The persons returned as members entered with great temper and cheerfulness on the regulation of provincial affairs. They choose James Moore, their late popular Governor, to be Speaker of the House; and their choice was confirmed by the King's representative. The first business they engaged in was to pass an act declaring, that they recognized and acknowledged his sacred majesty, King George, to be the rightful sovereign of Great Britain, France, and Ireland, and of all the dominions and provinces belonging to the empire; and in particular his undoubted right to the province of Carolina. All actions and suits at law, commenced on account of the late administration of James Moore by particular persons, were declared void; but all judicial proceedings under the same administration, were confirmed. These acts were judged proper and necessary for estabishing harmony among the inhabitants. Nicholson had the address to unite all parties; and by the wisdom and equity of his administration, to render the whole community happy under their new government and highly pleased with the change. Though he was bred a soldier, and was profane and passionate, yet he was not insensible of the great advantage of religion to society and contributed not a little to its interest in Carolina. On his application to the Society in England for propagating the gospel in foreign parts, they sent out teachers, money, and books, for the instruction. of the inhabitants, and also supplied the province with clergymen; and gave each of them a yearly allowance, over and above the provincial salary. He also, with great zeal, urged the usefulness, and necessity, of provincial establishments for the promotion of literature.

Governor Nicholson, who was well acquainted with the manners of savages, applied himself with great zeal to regulate Indian affairs, and to form treaties of friendship with the different tribes around the settlement. As most of the broils between the settlers and the Indians had been occasioned by by the former taking unauthorized possession of lands claimed

by the latter, to prevent future quarrels from that source, he sent a message to the Cherokees, a numerous and warlike nation, acquainting them that he had presents to make them and would meet them at the borders of their territories, to hold a general congress, to treat of mutual friendship and commerce. They rejoiced at a proposal which implied they were a free people, and immediately the chiefs of thirty-seven different towns set out to meet him.

At this congress the Governor gave them several presentssmoked the pipe of peace-and afterwards marked the boundaries of the lands between them and the English settlers. He also regulated all weights and measures, that justice might be done them in the way of traffic-appointed an agent to superintend their affairs, and proposed to nominate one warrior as commander-in-chief of the whole nation, before whom all complaints were to be made, and who was to acquaint the Governor with every injury done them. After which the Indians returned to their towns, highly pleased with their generous brother and new ally. The Governor then proceeded to conclude a treaty of commerce and peace with the Creeks, who were also at that time a numerous and formidable nation. He likewise appointed an agent to reside among them, whose business was to regulate Indian affairs in a friendly and equitable manner, and he fixed on Savannah river as the boundary of their hunting lands, beyond which, no settlements were to extend.

The policy respecting Indians had hitherto proceeded on the idea of peace and commerce with independent neighbors, and seemed to have little more in view than a share in their superfluous lands and the tranquility of the English settlements; but about this time the projects of the French, for uniting Canada and Louisiana, began to be developed. They had extended themselves northwardly from the Gulf of Mexico, and eastwardly from the upper parts of the river Mississippi, and had made many friends among the Indians to the southward and westward of Carolina. To counteract the views of the French, Great Britain wished to convert the Indians, on her borders, into allies or subjects. Treaties of union and alliance with them were therefore deemed proper and necessary. For this purpose Sir Alexander Cumming was appointed and sent out to conclude a treaty of alliance with the Cherokees. These Indians occupied the lands about the head of Savannah river, and backwards among the Apalachian mountains. The country they claimed as their hunting ground was of immense extent. The inhabitants of their different towns, were computed to amount to more than twenty thousand. Of these, six thousand were warriors,

fit on any emergency to take the field. An alliance with such a nation was an object of the highest consequence, both to Carolina and the mother country; the latter of which was now engaged for the defence and protection of the former.

About the beginning of the year 1730, Sir Alexander Cumming arrived in Carolina and made preparations for his journey to the distant hills. When he reached Keowee, about 300 miles from Charlestown, the chiefs of the lower towns met and received him with marks of friendship and esteem. He immediately despatched messengers to the middle, the valley, and overhill settlements; and summoned a general meeting of all their chiefs to hold a congress with him at Nequasee. In the month of April the chief warriors of all the Cherokee towns assembled at the place appointed. After the various Indian ceremonies were over, Sir Alexander made a speech to them; acquainting them by whose authority he was sent, and representing the great power, and goodness, of his sovereign King George: how he and all his other subjects paid a cheerful obedience to his laws, and of course were protected by him from all harm: that he had come a great way to demand of Moytoy, and all the chieftains of the nation, to acknowledge themselves the subjects of his King, and to promise obedience to his authority; and as he loved them, and was answerable to his sovereign for their good and peaceable behavior, he hoped they would agree to what he should now require of them. Upon which, the chiefs falling on their knees, solemnly promised fidelity and obedience, calling upon all that was terrible to fall upon them if they violated their promise. Sir Alexander then, by their unanimous consent, nominated Moytoy commander and chief of the Cherokee nation, and enjoined all the warriors, of the different tribes to acknowledge him as their King to whom they were to be accountable for their conduct. To this they also agreed, provided Moytoy should be made answerable to Sir Alexander for his behavior to them. After which, many presents were made to them, and the congress ended to the satisfaction of both parties. The crown was brought from Tenassee, their chief town, which, with five eagle tails and four scalps of their enemies, Moytoy presented to Sir Alexander, requesting him, on his arrival at Britain, to lay them at his majesty's feet. But Sir Alexander proposed to Moytoy that he should depute some of their chiefs to accompany him to England, there to do homage in person to the great King. Six of them agreed and accompanied Sir Alexander to Charlestown, where, being joined by another, they embarked for England.

Being admitted into the presence of the King they, in the name of their nation, promised to continue forever his maj

esty's faithful and obedient subjects. A treaty* was accordingly drawn up and signed by Alured Popple, Secretary to the lords commissioners of trade and plantations on one side, and by the marks of the Indian chiefs on the other. The Cherokees, in consequence of this treaty, for many years remained in a state of perfect friendship and peace with the colonists, who followed their various employments in the neighborhood of these Indians without the least terror or molestation.

The preamble to this treaty recites "That, whereas, the six Chiefs, with the consent of the whole nation of Cherokees, at a general meeting of their nation at Nequassee, were deputed by Moytoy, their chief warrior, to attend Sir Alexander Cumming to Great Britain, where they had seen the great King George: and Sir Alexander, by authority from Moytoy and all the Cherokees, had laid down the crown of their nation, with the scalps of their enemies and feathers of glory at his majesty's feet, as a pledge of their loyalty. And, whereas, the great King had commanded the lords commissioners of trade and plantations, to inform the Indians that the English on all sides of the mountains and lakes, were his people, their friends, his friends, and their enemies, his enemies-that he took it kindly the great nation of Cherokees had sent them so far to brighten the chain of friendship between him and them, and between his people and their people; that the chain of friendship between him and the Cherokees is now like the sun which shines both in Britain and also upon the great mountains where they live, and equally warms the hearts of Indians and Englishmen; that as there is no spots or blackness in the sun, so neither is there any rust or foulness on this chain. And as the King has fastened one end to his breast, he desired them to carry the other end of the chain and fasten it to the breast of Moytoy of Telliquo, and to the breasts of all their old wise men, their captains and people, never more to be made loose or broken.

The great King and the Cherokees being thus fastened together by a chain of friendship, he has ordered, and it is agreed, that his children in Carolina do trade with the Indians, and furnish them with all manner of goods they want, and to make haste to build houses and plant corn from Charlestown towards the towns of the Cherokees behind the great mountains. That he desires the English and Indians may live together as children of one family; that the Cherokees be always ready to fight against any nation, whether white inen or Indians, who shall dare molest or hurt the English-that the nation of Cherokees shall, on their part, take care to keep the trading path clean-that there be no blood on the path where the English tread, even though they should be accompanied with other people with whom the Cherokees may be at war. That the Cherokees shall not suffer their people to trade with white men of any other nation but the English, nor permit white men of any other nation to build any forts or cabins, or plant any corn among them upon lands which belong to the great King; and if any such attempt shall be made, the Cherokees must acquaint the English Governor therewith, and do whatever he directs, in order to maintain and defend the great King's right to the country of Carolina. That if any negroes shall run away into the woods from their English masters, the Cherokees shall endeavor to apprehend them and bring them to the plantation from whence they run away, or to the Governor, and for every slave so apprehended and brought back, the Indian that brings him shall receive a gun and a watch-coat; and if by any accident, it shall happen that an Englishman shall kill a Cherokee, the king or chief of the nation shall first complain to the English Governor, and the man who did the harm shall be punished by the English laws as if he had killed an Englishman; and in like manner if any Indian happens to kill an Englishman, the Indian shall be delivered up to the Governor, to be punished by the same English laws as if he were an English

man."

This was the substance of the first treaty between the King and the Cherokees, every article of which was accompanied with presents. A speech was at the same time addressed to the Indians, in which they were informed "that these were the words of the great King whom they had seen; and as a token that his heart was open and true to his children the Cherokees, and to all their people, a belt was given the warriors, which, they were told, the King desired them to keep