66 66 To the Right Honourable the Lords Proprietors of the The Memorial of Francis Yonge Esq; Surveyor-General of South-Carolina. T HE abovesaid Francis Yonge being appointed by your Lordships Governor and Council of South-Carolina, to lay before you, not only several Acts of Assembly, made "and passed there the last Sessions of Assembly, for your Lordships Approbation, but also to inform your Lordships of the Rea"sons that urged them to defer Dissolving of the General As"sembly, pursuant to your Lordships Commands; and to shew your Lordships the Arguments between Them and the Com"mons House of Assembly, touching your Lordships Right of "Repealing Laws, ratified and confirmed there by your Lordships Deputies; Does therefore present your Lordships with Speech made by Mr. Chief Justice Trott, at a General Con"ference of both Houses; and the Commons Answer thereunto; "as also several Messages that passed between them: Which he hopes will shew your Lordships, that no Arguments or Endeavours were wanting on their part, to assert your Lordships "Right of Repealing Laws not Ratified by you. a "They (your Lordships said Governor and Council) would not have given them an Opportunity of disputing (at least at "that time) such your Lordships Power, but should have Dis"solv'd them, according to your Lordships Commands, had it "been possible to have been done without the greatest Prejudice "to the Country in general, as well as to several Merchants and "particular Persons, who had either voluntarily furnish'd, or had "pressed from them such Things as were necessary for fitting-out "the two Expeditions against the Pyrates, which amounted to up"wards of 10.0007. and which that Commons House of Assem bly had provided for the Payment of; and they were not cer"tain another would agree to, considering the ill Humour their "Dissolution was likely to create amongst them: Beside, that "the Imposition Act being Repeal'd, and no other substituted in "its Place, leaving out the Clause, laying a Duty upon Goods "of the Manufacture of Great-Britain; which Clause gave Of"fence; the Duties arising by which Act were applied to the "Payment of the Clergy, Maintenance of the Garrisons, paying several Publick Debts, and on which Orders were drawn "for 30.000l. The Indian Trading Law being also Repeal'd: "The doing of which before the Trade was put under some "Regulation might have brought those People down on our "Settlements, and have occasion'd another Indian War. The "Act for sinking 35.000l. the current Year, in Bills of Credit, "had been broken through; which it was absolutely necessary some other Law should be provided to make good. "The abovesaid Reasons, they presume, your Lordships will "think were such, that they could not then immediately Dis"solve the Assembly, who had but Six Weeks to Continue, by "their Biannual Act: And it is with some Pleasure that they "can inform your Lordships, that they think they have preserv'd "to your Lordships any Right you were before posses'd of ; and "at the same time have got such Laws pass'd, as, with your "Lordships Approbation, will very much contribute to Settle "the Country, and, we hope, give no Offence to Great-Britain. (a)" The Governor and Council have frequently recom"mended to Mr. Secretary Hart, his transmitting to your Lordships Copies of the Laws pass'd, that your Lordships may Approve, or signify your Dislike of them: And he has as often complain'd of the Difficulty he has to get them Transcribed, "and of the great Charge he must be at so to do, that he is "now at 100%. a Year Expence for a Clerk; and more than "that, for Books, Pens, Ink and Paper, &c. That your Lord"ships Allowance to him for the Whole, is but 40l. a Year. "They therefore take the Liberty of Requesting your Lord"ships to Augment the Salary of the said Secretary, or allow a "Clerk with a competent Salary to attend the Council, and trans"cribe such Laws, or other things, as may at any time be thought "needful to send to your Lordships, or done there. They have "also formerly, and do again request your Lordships, That the "Room they now sit in, and have done for four Years past and "which belongs to Mr. William Gibbon, the said Mr. Gibbon "may have some Allowance for, as well for the Time past, as "for the future; they having promis'd him to move your Lord"ships in his Behalf. They are also in hopes your Lordships "will not think it unreasonable to make Themselves some Al"lowance, to defray the Expence they are at, in Attending the "Council, Court of Chancery, and Assembly, which takes up 66 more than one third part of their Time, and is a very great "Charge to them. And whereas Fire, Candles, and several "other Contingent Charges will accrue, they desire the same may be paid by your Lordships Receiver-General when he shall "be Order'd so to do by them. (a) They had sent Orders to have all the Laws constantly sent them by their Secretaries. "The said Francis Yonge is further directed to move your "Lordships, to procure Custom-House Officers at the Port of "Beaufort, that Town increasing very much in Inhabitants, and "it being a very great Discouragement to them that they are "obliged to bring all their Produce to Charles Town, and will "very much retard the Well-Peopling the Southern Parts of "the Colony. "It is also the humble Request and advice of the said Gover"nor and Council, as a Thing that will lay a very great Obliga❝tion on the Country in general, That your Lordships will please "to grant 6000 Acres of land gratis to the Publick, for the Use "of three Garrisons at Savanah Town, the Congress and the "Apalachocoles; and that some part of the Land to the North"ward, may be granted and disposed of on the same Terms as "the Yamazee Lands, in order to the effectual Securing and "Well-Peopling the Frontiers to the Northward, as well as to "the Southward. "As these would be very great Concessions, and they hope very much dispose the People to make your Lordships such "Returns of Duty and Respect as they wish had always been "done, and will, they hope very much contribute to the Peo"pling the Country; so they also hope, your Lordships will "secure and preserve them in their Properties, (a much great❝er Encouragement than all the rest,) by putting it into their "Power to assert their undoubted Right of Appealing from any “erroneous Judgments in Law; which Right they are now de barr'd, by the sole Judicial Power being lodg'd in the Hands "of Mr. Chief Justice Trott, in the King's Bench, Court of * Pleas, Court of Admiralty, and Court of Chancery; a Trust "never repos'd in any one Man before in the World, and which "the General Assembly has desir'd them to joyn, in Addressing "your Lordships to have remedied, and which I am directed here"with to present to your Lordships. "All which is most humbly submitted to your Lordships Con❝sideration. in London. The 5th of June 1719. With this, Mr. Yonge also deliver'd them a letter from Governour Johnson, the Articles of Complaint against Mr. Trott, and an Address from the Governour, Council, and Assembly, that he might be remov'd, or at least be made contented with one single Jurisdiction, and several Acts of Assembly; one of which was, for the better Recovery of their Quit-Rents, with a Clause in it, making it of no Force, unless approv'd of by their Lordships: This was thought proper to be done, the People still insisting, That an Act ratified by the Lords-Deputies in Carolina, could not be repeal'd by them; and this being their own particular Concern, requir'd, their more particular Approbation. Mr. Yonge waited upon their Lordships three Months in London, and attended their Boards, in order to the satisfying them in any thing they might have had Occasion to have enquir'd after of him, concerning the State of the Country, or of the best Methods to be taken, to allay the Heats, and reconcile the People to their Authority; which he apprehended was not more than he ought to expect, since they had done him the Honour to appoint him their Surveyor-General, and one of their Council, and he had sailed Five or Six Thousand Miles for their Service, in a Conjuncture that their Governour and Coun cil thought it most absolutely necessary he should do so. But their Lordships were of other Sentiments; it may be suppos'd, they took all for Fact that was sent them by Mr. Trott's private Letters and at last, dispatch'd him back with Pacquets seal'd up, for the Governour, amongst which, upon his Arrival in Carolina, was found the following Letter. 66 པ SIR, W E have receiv'd and perus'd your Letters, and all your Papers deliver'd us, by your Agent Mr. Yonge; and though we are favourably inclin'd in all our "Thoughts relating to our Governor, yet we must tell you, we "think you have not obeyed your Orders and Directions given "to you, to Dissolve that Assembly, and Call another forthwith, "according to the ancient Usage and Custom of the Province; "and to publish our Repeals of those Acts of Assembly, imme"diately upon the receipt of our Orders aforesaid: But we shall say no more upon that Subject now, not doubting but our Go"vernour will pay a more punctual Obedience to our Orders "for the future. 66 "The Lords Proprietors Right of Confirming and Repealing "Laws, was so particular a Privilege granted to them by the "Crown, that we can never recede from it: and we do assure you we are not a little surprized, that you would suffer that "Prerogative of Ours to be disputed. 66 "We have sent you herewith an Instruction under our Hands "and Seals, nominating such Persons as we think fit to be of "the Council with you, six whereof, and your self, and no less "Number, to be a Quorum. Upon your Receipt of this, we "hereby require you to summons the said Council, that they may qualify themselves according to Law, and immediately sit upon the Dispatch of Business. "We also send you the Repeal of the Acts of Assembly, "which we Order you to Publish immediately, upon the re"ceipt of this. "We do assure Mr. Johnson, that we will stand by him in "all Things that relate to the just Execution of his Office, and "we are Confident that he will perform his Duty to us, and sup66 port our Power and Prerogatives, to the best of his Abilities. "If the Assembly chosen according to your pretended late Act "is not dissolv'd, as we formerly Order'd, and a New Assembly "Chosen, pursuant to the Act formerly Confirm'd by the Pro prietors, you are forthwith Commanded hereby, to Dissolve "that Assembly, and to Call another, according to the above " mention'd Act of Assembly; so we bid you heartily Farewel, "and are, Your very Loving Friends, Carteret P. Bertie for D. Beaufort M. Ashley. J. Colliton. J. Danson. Although the above Letter has my Lord Carteret's Name to it, it was put by Mr. Ashley, who had a Power to Act for his Lordship, he being then on his Embassy to the Court of Sweden. With this Letter they sent an Instrument under their Hands and Seals, appointing Twelve Gentlemen of the Council; whereas before, there were but Seven, who (as has been said) represented each one of the Proprietors, and was called such a one's Deputy; and the Governor represented the Palatine. They now also again Repeal'd the Duty Law, and two others; and instead of granting Land for the Publick Use of the Garrisons, they gave strict Orders that no more Land should be granted to any Person Whatsoever, but ordered fifteen Baronies, each containing 12.000 Acres, to be laid out for their own Private Use, as near as might be to Port-Royal. They also sent a Copy of the Complaint against Mr. Trott to him, and desir'd he would send them an Answer to it, and with it a Letter of Thanks for the Speech he had made, at the Conference of both Houses, in Justification of their Right of Repealing Laws; and to manifest 1 |