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them, with the consent of the proprietary, in 1703. From that period 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.
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. 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 ports, to erect manors, and to enjoy customs and subsidies im
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.
posed 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.2 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." 3 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 governor, 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 Seas.
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.
8 Carolina Charter, 4to, London.
* 1 Chalm. Annals, 515.
5 1 Chalm. Annals, 518, 553; Marsh. Colon. ch. 5, p. 152.
1 Chalm. Annals, 521; 1 Williams's N. Car. 230, 231; 1 Holmes's Annals, 340 ; Carolina Charters, 4to, London.
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.1 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 naturalborn subjects within the realm. Many other provisions were added, in substance like those in the former charter.2 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.1
§ 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." 5 This constitution was drawn up by the celebrated John Locke, and his memory has often been reproached with the illiberal character of some of the articles, the oppressive servitude of others, and the general disre
1 1 Williams's N. Car. 230, 237.
2 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, p. 1 to 7.
8 1 Chalm. Annals, 519, 520, 524, 525; 1 Williams's N. Car. 88, 91, 92, 93, 96, 97, 103, 114.
*1 Chalm. Annals, 521.
5 1 Chalm. Annals, 526, 527; 1 Holmes's Annals, 350, 351, and note; Carolina Charters, 4to, London, p. 33.
gard of some of those maxims of religious and political liberty. for which he has in his treatises of government and other writings contended with so much ability and success. Probably there were many circumstances attending this transaction which are now unknown, and which might well have moderated the severity of the reproach, and furnished, if not a justification, at least some apology for this extraordinary instance of unwise and visionary legislation.
§ 133. It provided that the oldest proprietary should be the palatine, and the next oldest should succeed him. Each of the proprietaries was to hold a high office. The rules of precedency were most exactly established. Two orders of hereditary nobility were instituted, with suitable estates, which, were to descend with the dignity. The provincial legislature, dignified with the name of parliament, was to be biennial, and to consist of the proprietaries or their deputies, of the nobility, and of representatives of the freeholders chosen in districts. They were all to meet in one apartment (like the ancient Scottish Parliament), and enjoy an equal vote. No business, however, was to be proposed, until it had been debated in the grand council (which was to consist of the proprietaries and forty-two counsellors), whose duty it was to prepare bills. No act was of force longer than until the next biennial meeting of the parliament, unless ratified by the palatine and a quorum of the proprietaries. All the laws were to become void at the end of a century, without any formal repeal. The Church of England (which was declared to be the only true and orthodox religion) was alone to be allowed a public maintenance by parliament. But every congregation might tax its own members for the support of its own minister. Every man of seventeen years of age was to declare himself of some church or religious profession, and to be recorded as such; otherwise he was not to have any benefit of the laws. And no man was to be permitted to be a freeman of Carolina, or have any estate or habitation, who did not acknowledge a God, and that God is to be publicly worshipped. In other respects there was a guaranty of religious freedom.1 There was to be a public registry of all deeds and conveyances of lands, and of marriages and births. Every freeman
1 1 Hewatt's South Car. 42 to 47, 321, &c.; Carolina Charters, 4to, London, p. 33, &c.; 1 Chalm. Annals, 526; 1 Holmes's Annals, 350, 351; 1 Williams's N. Car. 104 to 111; Marsh. Colon. ch. 5, p. 155; 1 Ramsay's South Car. 31, 32..