"I desire you further to consider the Consequence that attends "that Assertion, Of the Charter being forfeited, before Judg"ment is given upon the same. For if it be so, then the For"feiture must be from the time that the Fact was committed "that caused the Forfeiture; and then you must remember, that "by the Charter, the Lords have granted to them, not only "the Power of ordering the Government, but also the Lands are "granted to them by the said Charter; so that if there is a For"feiture of the Rights and Prerogatives of the Government, there "is also a Forfeiture of their Rights to the Lands; and so all "Grants made by their Authority of any Lands, since the Fact "committed that caused the Forfeiture, according to your own "Doctrine and Assertion, must be Null and Void: And there"fore, how many Persons Titles to their Lands will become "Void, I leave you to consider; and tho', it may be, you will "assign some new late Fact, that you say will cause such a Forfeiture, by which you may think to avoid the ill Con"sequences that attends the Titles to the Lands; yet know, "that the Facts that you assign, may not be the only ones "that may be thought to have made the Forfeiture of their "Charter. And if your present Assertion is true, that they may "be Dispossess'd before a Judgment; it may be other Persons may assign other Causes of the Forfeiture, beside those which "you assign, which may have been committed many Years ago: "For you cannot but know there have been Persons in the "Province, that for several Years past have publickly asserted, "that the Lords have done Facts, for which their Charter was "become forfeited. Which if so I leave you to consider what "a Gate you will leave open to call in question, nay, utterly "destroy several Hundreds of Peoples Titles to their Lands. "And tho' you have most unjustly and untruly suggested to "the People, to create a Prejudice in them to the Lords Pro"prietors, that their Lordships design'd to dispute their Titles "to their Lands; yet, by this Assertion and Practice, you are "the Persons that will not only call in question, but effectually "destroy their Titles.

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You

"And if you persist in disowning the Council as now autho"riz'd, then I desire you further to consider, in what Capacity "I can act with you, and to what Purpose you pretend to sit ❝ and transact the Publick Business of the Province. "know very well I am not able to join with you in Passing any "Law without the Consent of my Council; and surely you can"not pretend to pass Laws without me: And what an absolute "Occasion there is now to pass some Laws, that the Province

may be put in a Posture of Defence, and the contingent "Charges thereof defray'd, I leave you seriously to consider,

" and hope you will not lose the whole Province to the Enemy, "for your own Humours.

"But I am further to tell you, That in case you continue to "deny the Authority of the Council, you cannot properly style your selves the Representatives of the People; for you know very well you were chosen Members of Assembly, pursuant to, and by virtue of the Writs sign'd by my Self and Coun"cil; for it is not the Peoples Voting for you, that makes you be"come their Representatives; the Liege People of this, nor any "other Province, have power to convene and chuse their Rep"resentatives, without being authoriz'd so to do by some Writ or "Order coming from Authority lawfully impower'd. And if you pretend that the Writs sign'd by me, as Governor, were "sufficient: To that, I answer, That, I do not pretend to any "such Authority, but joyntly, and with the Consent of my "Council, it being the express Words of my Commission; nor "did I sign the Writs in any other Capacity, than in Conjunc"tion with my Council, who also sign'd the same. But if my

signing the Writs, were sufficient Authority for the People to "chuse you; then you must allow, that as the Power lies solely in me to Call you, it lies also solely in me to Dissolve you ; " and therefore, if by your Actions you will force me to make "use of that Power, I do hereby publickly Protest and Declare,

you only must be answerable for the ill Consequences may at"tend such a Dissolution, and for the Loss of the Lives and "Estates of the King's Subjects in this Province, by any At"tack may be made upon them by our publick Enemies the

Spaniards, or from the Indians, by reason of the Province's "not being put into such a Posture of Defence as it ought, and "would, if you proceeded to transact the Publick Business un"der a Lawful Authority; and this I would have you seriously "to consider of.

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"Notwithstanding Stories that have been industriously spread "to possess the People, That you are the only Persons who "stand up for their Rights and Privileges; by which, it may be, you have so far engag'd them in your Favour, that you may have their Assistance to enable you to commit any Act "of Force or Violence upon the Government, and the Authority "of the Lords Proprietors; yet know, and be assur'd, That "the Matters in Dispute are of that Consequence, that they must "and will be decided by an Authority in England, having law"ful Jurisdiction of the same; and that there it must be Law "and Right that must justify your Claims, and not the Consent "and Approbation of the People of Carolina, who will have "no Weight there, but the Right and Merit of the Cause.

"I must farther mention to you, That 'tis notoriously known,

"

you have promoted two Forms of Associations, and have per"swaded the People to sign them. How far you can be justified "at home, it behoves you to consider: But as I am satisfied no "Matter of such Publick Concern ought to be carry'd on with"out my Knowledge so I do hereby (a) Require and Demand "of you, an attested Copy of both Associations; and tho' it 66 may not concern me to have the Names of every individual "Person that has sign'd them, yet I do insist upon it, that you "do acquaint me, which of your own Members have sign'd both, "or either of them, as also the Names of such Persons who "have Commissions, or hold any Places Civil or Military under "their Lordships, or of such Persons who practise the Law in "their Lordships Courts, and have sign'd them.

"To what is here Demanded of you, I do require your plain "and positive Answer in express Terms, and that you do in "Writing give me the same in a Body, and under your Hands.

This long Speech, which was also given them in Writing, they were not long considering of, but soon return'd with the following Message:

W

E have already acquainted you, That we would not receive any Message or Paper from your Honour, in Conjunction with the Gentlemen you are "pleas'd to call your Council; therefore we must now again repeat the same, and beg Leave to tell you, That the Paper your Honour read and deliver'd to us, we take no Notice of, nor shall we give any farther Answer to it but in Great "Britain.

Immediately after this, they came with the following Address to the Governor.

South Carolina ss.

To the Honourable Robert Johnson Esq;

The Humble ADDRESS of the Representatives of the Inhabitants of the said Province, now conven'd at Charles Town.

May it please your Honour,

T is with no small Concern that we find our selves oblig'd to Address your Honour, in a Matter which nothing but the absolute Necessity of Self-Preservation could at this

(a) Mr. Johnson never saw either of them.

"Juncture have prevail'd on us to do. The Reasons are "already by us made known to your Honour and the World, "therefore we forbear to rehearse them; but proceed to take "Leave to assure you, That it is the greatest Satisfaction imaginable to us, to find throughout the whole Country, that uni"versal Affection, Deference and Respect the Inhabitants bear "to your Honour's Person, and with what passionate Desire "they wish for a Continuance of your gentle and good Admin"istration; and since we, who intrusted with, and are the "Assertors of their Rights and Liberties, are unanimously of "Opinion, That no Person is fitter to Govern so Loyal and "Obedient a People to His Sacred Majesty King GEORGE,

so we most earnestly desire and intreat your Honour, to take "upon you the Government of this Province, in his Majesty's "Name, 'till his Pleasure shall be known; by which Means we "are convinc'd, that this (at present) unfortunate Colony may "flourish, as well as those who feel the happy Influence of his "Majesty's immediate Care.

"As the Well-being and Preservation of this Province depends greatly on your Honour's complying with our Re"quest, so we flatter our selves, that you who have express'd "so tender a Regard for it on all Occasions, and particularly in Hazarding your own Person in an Expedition against the "Pirates, for its Defence, an Example seldom found in Governors; so we hope, Sir, that you will exert your self at this "Juncture for its Support; and we promise your Honour on our Parts, the most faithful Assistance of Persons duly sensi"ble of your Honour's great Goodness, and big with the Hopes "and Expectation of his Majesty's Protection and Countenance.

"And we farther beg Leave to assure your Honour, That we will in the most Dutiful Manner Address His Most Sacred "Majesty King GEORGE, for the Continuance of your "Government over us, under whom we doubt not to be a Happy People.

To this the Governor return'd the following Answer:

Gentlemen,

I

Am Oblig'd to you for your good Opinion of me; but I hold my Commission from the true and absolute Lord and Proprietors of this Province (a), who recommended "me to His Majesty, and I have His Approbation; it is by

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(a) This is the Title the Charter gives them.

"that Commission and Power I Act, and I know of no Power "or Authority can dispossess me of the same, but those only "who gave me those Authorities. In Subordination to them, "I shall always Act, and to my utmost maintain their Lordships just Power and Prerogatives, without encroaching on the "Peoples Rights and Privileges. I do not expect or desire

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any Favour from you, only that of seriously taking into your "Consideration the approaching Danger of a Foreign Enemy, " and the Steps you are taking to involve your selves and this "Province in Anarchy and Confusion.

And now, they having fully declar'd what they intended, and the Governor and his Council finding nothing was to be expected from them but to put the Country into the utmost Confusion, he resolv'd to Dissolve them immediately; and accordingly, that very Afternoon, he issued a Proclamation to that Purpose: But they order'd it to be tore out of the Martial's Hands, and the Convention (as they now call'd themselves) issued a Proclamation in their own Names, which was in Substance, To Order and Direct all Officers Civil and Military, to hold their Offices and Employments until farther Orders from them; And finding Mr. Johnson would not come into their Schemes, they resolv'd to have a Governor of their own Chusing. And accordingly they chose Colonel Moor, who was Commander in Chief of the Militia, under and next to the Governor, but had been remov'd from his Command some small Time before, on Account of his being very warm in opposing the Authority of the Proprietors.

On Monday the 21st of December, 1719, Mr. Johnson came to Town from his Plantation, being inform'd they design'd to Proclaim their Governor in the King's Name, and writ Circular Letters to his Council to meet him, but they did not come; he had talk'd to Colonel Paris, the Commanding Officer of the Militia of the Town, and engag'd him in his Interest, as he thought, and as he had order'd the Town Companies to be Review'd the 21st of December, on Account of the Advice he had receiv'd from the Havanah, as before related; and finding they pitch'd on that Day to Proclaim their Governor, that they might have the better. Opportunity to draw them, when together, in Arms, to forward their Purposes, (for they could not well be in Arms, but by some Authority) he, on the Saturday before, order'd, That they should not Muster, but wait for farther Orders; and had given particular Orders to Colonel Paris, That he should not suffer a Drum to beat in the Town; and had Assurances from him, his Orders should be obey'd: Not