CHAPTER XIII.

DELAWARE.

§ 126. AFTER Penn had become proprietary of Pennsylvania, he purchased of the Duke of York, in 1682, all his right and interest in the territory, afterwards called the Three Lower Counties of Delaware, extending from the south boundary of the Province, and situated on the western side of the river and bay of Delaware to Cape Henlopen, beyond or south of Lewiston; and the three counties took the names of New Castle, Kent, and Sussex. At this time they were inhabited principally by Dutch and Swedes, and seem to have constituted an appendage to the government of New York.2 The first settlement by the Swedes seems to have been earlier than 1638; and no permanent settlements were attempted by the Dutch until a later period (1651).4

§ 127. In the same year, with the consent of the people, an act of union with the Province of Pennsylvania was passed, and an act of settlement of the frame of government in a general assembly, composed of deputies from the counties of Delaware and Pennsylvania. By this act the three counties were, under the name of the territories, annexed to the Province, and were to be represented in the general assembly, governed by the same laws, and to enjoy the same privileges as the inhabitants of Pennsylvania. Difficulties soon afterwards arose between the deputies of the Province and those of the territories; and after various subordinate arrangements, a final separation took place between them,

1 1 Proud, Penn. 201, 202; 1 Chalm. Annals, 643; 2 Doug. Summ. 297, &c. 21 Chalmers's Annals, 631, 632, 633, 634, 643; 1 Holmes's Annals, 295, 404; 1 Pitk. Hist. 24, 26, 27; 2 Doug. Summ. 221. See 1 Chalm. Annals, 571, 572, 630, 631.

81 Chalm. Annals, 631.

4 Id. 632, 633, 634.

5 1 Proud, Penn. 206; 1 Holmes's Annals, 404; 1 Chalm. Annals, 645, 646.

• 1 Chalm. Annals, 646; 1 Dall. Penn. Laws, App. 24, 26; 2 Colden's Five Nations, App.

From that period

with the consent of the proprietary, in 1703. down to the American Revolution, the territories were governed by a separate legislature of their own, pursuant to the liberty reserved to them by a clause in the original charter or frame of government. 1

1 1 Proud, Penn. 358, 454; 1 Holmes's Annals, 404, note; 2 Doug. Summ. 297, 298.

CHAPTER XIV.

NORTH AND SOUTH CAROLINA.

§ 128. WE next come to the consideration of the history of the political organization of the Carolinas. That level region, which stretches from the 36th degree of north latitude to Cape Florida, afforded an ample theatre for the early struggles of the three great European powers, Spain, France, and England, to maintain or acquire an exclusive sovereignty. Various settlements were made under the auspices of each of the rival powers, and a common fate seemed for a while to attend them all.1 In March, 1662 (April, 1663), Charles the Second made a grant to Lord Clarendon and others of the territory lying on the Atlantic Ocean, and extending from the north end of the island called Hope Island, in the South Virginian Seas, and within 36 degrees of north latitude, and to the west as far as the South Seas, and so respectively as far as the river Mathias upon the coast of Florida, and within 31 degrees of north latitude, and so west in a direct line to the South Seas, and erected it into a province, by the name of Carolina, to be holden as of the manor of East Greenwich in Kent, in free and common socage, and not in capite, or by knight service, subject immediately to the crown, as a dependency, forever. 2

§ 129. The grantees were created absolute lords proprietaries, saving the faith, allegiance, and supreme dominion of the crown, and invested with as ample rights and jurisdictions as the Bishop of Durham possessed in his palatine diocese. The charter seems to have been copied from that of Maryland, and resembles it in many of its provisions. It authorized the proprietaries to enact laws with the assent of the freemen of the colony, or their delegates, to erect courts of judicature, to appoint civil officers, to grant titles of honor, to erect forts, to make war, and in cases of necessity to exercise martial law, to build harbors, to make

1 1 Chalmers's Annals, 513, 514, 515.

2 1 Chalm. Annals, 519; 1 Holmes's Annals, 327, 328; Marsh. Colon. ch. 5, p. 152; 1 Williamson's North Carol. 87, 230; Carolina Charters, London, 4to.

ports, to erect manors, and to enjoy customs and subsidies imposed with the consent of the freemen.1 And it further authorized the proprietaries to grant indulgences and dispensations in religious affairs, so that persons might not be molested for differences in speculative opinion with respect to religion, avowedly for the purpose of tolerating non-conformity to the Church of England. It further required that all laws should "be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our kingdom of England." And it declared that the inhabitants and their children, born in the Province, should be denizens of England, and entitled to all the privileges and immunities of British-born subjects.

§ 130. The proprietaries immediately took measures for the settlement of the Province, and at the desire of the New England settlers within it (whose disposition to emigration is with Chalmers a constant theme of reproach) published proposals, forming a basis of government. It was declared that there should be a governor chosen by the proprietaries from thirteen persons named by the colonists, and a general assembly, composed of the gov ernor, council, and representatives of the people, who should have authority to make laws not contrary to those of England, which should remain in force until disapproved of by the proprietaries. 5 Perfect freedom of religion was also promised, and a hundred acres of land offered at a half-penny an acre, to every settler within five years.

§ 131. In 1665, the proprietaries obtained from Charles the Second a second charter, with an enlargement of boundaries. It recited the grant of the former charter, and declared the limits to extend north and eastward as far as the north end of Currituck River or Inlet, upon a straight westerly line to Wyonoak Creek, which lies within or about 36 degrees 30 minutes of north latitude, and so west in a direct line as far as the South Seas, and south and westward as far as the degrees of 29 inclusive of northern latitude, and so west in a direct line as far as the South

1 1 Holmes's Annals, 327, 328. This charter, and the second charter, and the fundamental constitutions made by the proprietaries, is to be found in a small quarto printed in London without date, which is in Harvard College Library.

2 1 Holmes's Annals, 328; 1 Hewatt's South Car. 42 to 47.

3 Carolina Charter, 4to, London.

4 1 Chalm. Annals, 515.

6 1 Chalm. Annals, 518, 553; Marsh, Colon, ch. 5, p. 152.

Seas. It then proceeded to constitute the proprietaries absolute owners and lords of the Province, saving the faith, allegiance, and sovereign dominion of the crown, to hold the same as of the manor of East Greenwich in Kent, in free and common socage, and not in capite, or by knight service, and to possess in the same all the royalties, jurisdictions, and privileges of the Bishop of Durham in his diocese. It also gave them power to make laws, with the assent of the freemen of the Province, or their delegates, provided such laws were consonant with reason, and as near as conveniently may be agreeable to the laws and customs of the realm of England. It also provided that the inhabitants and their children should be denizens and lieges of the kingdom of England, and reputed and held as the liege people born within the kingdom, and might inherit and purchase lands, and sell and bequeath the same, and should possess all the privileges and immunities of natural-born subjects within the realm. Many other provisions were added, in substance like those in the former charter. Several detached settlements were made in Carolina, which were at first placed under distinct temporary governments; one was in Albemarle, another to the south of Cape Fear. Thus various independent and separate colonies were established, each of which had its own assembly, its own customs, and its own laws; a policy which the proprietaries had afterwards occasion to regret, from its tendency to enfeeble and distract the Province.

§ 132. In the year 1669, the proprietaries, dissatisfied with the systems already established within the Province, signed a fundamental constitution for the government thereof, the object of which is declared to be, "that we may establish a government agreeable to the monarchy, of which Carolina is a part, that we may avoid making too numerous a democracy." 6 This constitution was drawn up by the celebrated John Locke, and his memory has often been reproached with the illiberal character of some 1 1 Chalm. Annals, 521; 1 Williams's N. Car. 230, 231; 1 Holmes's Annals, 340; Carolina Charters, 4to, London.

21 Williams's N. Car. 230, 237.

* 1 Holmes's Annals, 340; 1 Chalm. Annals, 521, 522; 1 Williams's N. Car. 230 to 254; Iredell's Laws of N. Car. Charter, pp. 1 to 7.

4 1 Chalm. Annals, 519, 520, 524, 525; 1 Williams's N. Car. 88, 91, 92, 93, 96, 97, 103, 114.

5 1 Chalm. Annals, 521.

61 Chalm. Annals, 526, 527; 1 Holmes's Annals, 350, 351, and note; Carolina Charters, 4to, London, p. 33.