be done by their Representatives then newly chosen, in disengaging the Country from the Yoke and Burthen they labour'd under from the Proprietors, and putting the Province under the Government of His Majesty.

Having thus previously fortified themselves by the Consent of the People, they met according to the Tenor of their Writs, about the 10th of December, 1719; and the Governor sending them a Message as usual, that he was ready, with the Council, to receive them, and to order them to chuse the Speaker; they came in a Body, and Mr. Middleton deliver'd himself in the following Manner:

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May it please your Honour,

I

am order'd by the Representatives of the People here present to tell you, that according to your Honours Order, we are come to wait upon you; I am further order'd to acquaint you, that we own your Honour as our Governour, you being approv'd by the King; and as there was once in this Pro"vince a legal Council, Representing the Proprietors as their "Deputies; which Constitution being now alter'd, we do not look upon the Gentlemen present to be a Legal Council; so I am "order'd to tell you, That the Representatives of the People "do disown them as such, and will not act with them on any "Account.

This Speech was deliver'd in Writing, at the Governor's Deşire, and sign'd by Mr. Middleton, as President, and Twentytwo more of the Assembly. They had (I suppose, before they came to the Governor) in their own House, come to the following Resolutions, viz.

"That the several Laws hereafter mention'd, and pretended "to be Repeal'd, are still in Force within this Province, and "could not be Repeal'd, or made Void or Null, but by the "General Assembly of this Province; and that all Publick Of"ficers, and others, are to have due Regard to the same accord“ingly.

(a) An Act intituled, An Act for Declaring the Rights of the House of Commons for the Time being, to Nominate a Publick Receiver.

(a) These Three Acts are those the Lords Repeal'd, at the same Time they appointed a new Council.

An Act, intituled, An Act for Laying an Imposition on Negroes, Liquors, and other Goods and Merchandizes, &c.

An Act, intituled, An Act to Ascertain the Form and Manner of Electing Members to Represent the Inhabitants, &c.

Resolv'd,

"That the Writs whereby we the Representatives here met were elected, are illegal: First, Because they are sign'd by "such a Council, as, we conceive, the Proprietors have not a "Power to appoint.

"Secondly, For that their Council does consist of a greater "Number of Members than the Proprietors themselves are, "which, we believe, is contrary to the Design and original In"tent of their Charter, and approaching too near the Method "taken by His Majesty and his Predecessors, in his Plantations, "whom they ought not to pretend to imitate or follow; His Majesty not being confin'd to any Number in his Council in "his Plantations, but as he thinks fit Himself; but the Proprietors, as Subjects, we believe, are bound by a Charter.

"Thirdly, Were there no Doubt of the Legality of the Coun"cil, yet, according to the Proprietors Instructions, there was "not a sufficient Number to dissolve the last Assembly, one of "the Council Signing being a Foreigner not Naturalized, and "consequently not capable of doing any Act of Government in any of the British Dominions, and expressly contrary to the "Lords Proprietors Charter; and a high Act of Presumption "in them thus to impose upon His Majesty's Free People of "this Province, for the aforesaid Reasons.

Resolv'd,

"That we cannot Act as an Assembly, but as a Convention, delegated by the People, to prevent the utter Ruin of this "Government, if not the Loss of the Province, until His Ma"jesty's Pleasure be known.

"That the Lords Proprietors have, by such their Proceed"ings, unhing'd the Frame of Government, and forfeited their "Right to the same; and that an Address be prepared, to de "sire the Honourable Robert Johnson Esq; our present Gov"ernor, to take the Government upon him, in the King's Name, " and to Continue the Administration thereof until His Majes"ty's Pleasure be known.

These bold Proceedings very much alarmed the Governor and his Council, and put them on considering what could be done, Whether rough or gentle Means were to be used? It was Mr.

Trott's and the Majority of the Council's Opinion, That the Defection was too general to use any other Means than mild Expostulations, the People being all engaged in their Interest; but if those should fail, they might then be Dissolv'd, which would make them disperse, and so put an End to the Dispute for the present; but this, it was thought, might have its ill Consequences, and therefore was the last Method to be try'd: For how should they raise Money to fortify and secure themselves from the Spaniards, who they expected every Day to attack them? The Lords Proprietors had again Repeal'd the Duty Law, so that many People refus'd to pay any Duties; and this was the only Fund they had to Repair their works.

The Result of these Debates, was, a Message, That the Govérnor and Council desir'd a Conference with them. To which they answer'd, That they would not receive any Message or Paper from the Governor, in Conjunction with those Gentlemen he call'd his Council; and this constrain'd Mr. Johnson to send for them in his own Name, when he made them the following Speech:

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HEN I sent for you the other Day, I intended to have desir'd you to have chosen your Speaker, to be presented to me as usual, and then I did propose "to have spoke to you in the following Manner:

Your being met together at a Time when there was never "more Occasion for a ready Dispatch of Publick Business, " and a good Harmony betwixt the Upper and Lower House; "I must recommend that to you, and nothing will be want"ing on my Part to promote a good Understanding betwixt the "Lords Proprietors and the People, at present (to my great "Affliction) I fear too much interrupted: I must therefore in the "first Place, recommend to you, That you will, without Delay, " or other Matter intervening, fall upon proper Methods for raising Money for finishing the Repairs of the Fortifications, and "providing Stores of War, which are much wanted. The In"telligence which I have of the Designs of our Enemies, which "makes this Work so necessary, shall be laid before you.

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"I am sorry the Lords Proprietors have been induced (by "a Necessity, to Defend and Support their just Prerogatives) at "this Juncture to disannul some of your Laws; if they had not "thought the letting those Acts subsist, might have render'd "their Right of Repeal precarious, they would have suffer'd "them still to continue. I hope from you therefore a Respect"ful Behaviour towards them, that we may not feel any more

"their Displeasure in so sensible a Manner, as the Loss (in this "Time of Need) of our Duty Law, and which has also occa❝sion'd an Injunction to Me and the Council, from acting with "any Assembly who shall dispute their Lordships undoubted "Right of Repealing Laws, and Appointing Officers Civil and "Military.

"I find some are Jealous and uneasy on Account of Ru"mours spread, That you design to alter the Tax Act, for sinking your Paper Currency. Publick Credit ought to be Sacred, "and it is a standing Maxim, That no State can subsist longer "than their Credit is maintain'd: I hope therefore you have no "such Intentions, which would put me under a Necessity of doing what I have never yet done; I mean, disagreeing with you.

"I expect therefore you will make good what the Publick is answerable for, and proceed to such farther Methods for paying our Debts, as shall be both Honourable and Proper, and best "adapted to our Circumstances.

"The Alarm from the Southward, about five Months since, "obliged me to be in a Posture of Defence, and occasion'd some "Charges, the Accounts of which shall be laid before you; and "I desire you will provide for the Discharge of them: I think "also the Militia Acts want some Amendments, and that you "should contrive to keep a good Watch in Charles Town.

"This is what I intended to have recommended to you: but "Mr. Middleton's telling me, in the Name of the rest, that you "would not Act with, and your surprising Message since, that

you will not receive any thing from me, in Conjunction with "my Council, has made it necessary for me to take this Occa"sion of talking with that Plainness and Freedom so Extraordinary a Proceeding of yours requires. And First, I must "take Notice of your Message, wherein you say, you own me as Governor, because I am approv'd of by the King; but that you disown the Council to be a Legal one, nor will act with "them on any account whatsoever; and this is subscrib'd by all "your Members: but upon Examining, I find it to be pretty "Dark and Evasive, and seems, as you would avoid expressing "in plain Terms, what I have too much Cause to fear is your Design, I mean, to Renounce all Obedience to the Lords Proprietors: And this I cannot but think you propose from "all your Words and Actions. You say, you acknowledge me, "because I am approv'd of by the King; but you take no Notice " of my Commission from the Proprietors, which is what makes "me Governor. The Confirmation of the King, only signifies "his Majesty's Approbation of the Person the Lords Proprie

"tors have Constituted; but it is my Commission and Instruc"tion from them, that not only grants, but limits my Power, and " contains the Rules by which I must Act, and are to warrant "and vouch my Actions; therefore to avoid declaring in express Terms, your renouncing the Lords Power, and at the "same time doing it in effect, is to create perpetual Doubts and Disputes, and is not acting with that Sincerity and Plainness "which ought to be used in all Publick Debates, and especial"ly in Matters of so great Concern as this is, and upon which "so great Consequences depend.

"I do Require and Demand of you therefore, and expect you "Answer me in plain and positive Terms, Whether you own the "Authority of the Lords Proprietors as Lords of this Province, "and having Authority to Administer or Authorise others to "Administer the Government thereof; saving the Allegiance of "Them and the People to His Most Sacred Majesty King "GEORGE? Or, Whether you absolutely renounce all Obedi"ence to Them, and Those Commission'd and Authoris'd by "Them? Or, Whether you admit their General power, and "only dispute that particular Branch of their Authority, in "Constituting a Council after the Manner They have now "done? If you deny their General Power and Authority in "this Province, and say, that their Lordships have forfeited "their Charter, as Mr. Berrisford Asserted, and you all Ac"quiesc'd in; Then I demand of you, that you signify wherein "the Lords have forfeited their Charter, and what particular "Branch thereof they have broken: And I demand of you, "That supposing (not granting) they have made a forfeiture of "their Charter; by what Power do you presume to renounce "their Authority, and to Model a Government out of your "own Heads, before such time as that, by a Court having Law"ful Jurisdiction of the same, it shall be Adjudg'd that the Lords "have made a Forfeiture of their Charter, and that the Powers "granted them are Null and Void? If the King is of Opinion, "that any Corporation or Society have made a Forfeiture of "the Rights and Powers granted by their Charter, altho' His Majesty may have the Advice of his Attorney and Solicitor "General, and his Judges and Councel Learned in the Law,

that such a Forfeiture has been made; and this He may more "reasonably depend on, than any Advice or Assurance you "can have yet notwithstanding this, and His Supreme Autho"rity as KING, He never Dispossess'd the Persons of the Pow"ers Granted them, before a Quo Warranto or some other Process had been brought, and Judgment obtain'd against the same. And if the King doth not assume such a Power, by "what Authority do you assume it?