Page images
PDF
EPUB

the inhabitants, in 1705. In 1729 the proprietors gave up their rights to government, upon receiving an indemnity of L.22,500, except Lord Carteret, who retained his eighth part of the property. From this period the colony was governed on the same plan as the others, and its growth was rapid. Some Dutch emigrants came from New York, after the conquest of the latter place by the English. After the revocation of the edict of Nantes a French Protestant colony established themselves on the river Santee. The rebellions in 1715 and 1745 sent a number of exiles to Carolina; many arrived from Germany and Switzerland; and the British government transported 1500 French colonists from Nova Scotia. Besides, the bounty of fourteen pounds currency, allowed in 1712 for the importation of every healthy male, between twelve and thirty, was the means of procuring great numbers of settlers. The proportion of the various classes of white inhabitants, about this period, was as follows: Dividing the whole into twenty-four parts, seventeen were planters, three merchants, four mechanics. Dividing the whole population into 100 parts, the Indians were 66, the negroes 22, and the whites 12.

In 1755 a great extent of lands was obtained from the Cherokee Indians; and, when the contest about boundaries was settled, by the cession of Florida to Britain, 48,000 acres in the western parts were laid out in lots for poor settlers from England and Ireland.

At the commencement of the revolutionary contest the Carolinians were in a state of doubt and suspense,

as to the part they ought to take. At this period the mail brought by an English packet was seized by a patriotic committee, and was found to contain instruc tions to the governors of Virginia, the Carolinas, and Georgia, to make an immediate and effectual use of military force. News arrived at the same time of the parliament having passed an act for confiscating the property of those who stood forward to resist British encroachments; and these two circumstances determined the conduct of the colonists of South Carolina. The question was put in the assembly, Whether they would die slaves, or live freemen, and was followed by a unanimous resolution to support their rights. During the long struggle that followed, this state suffered much, both from the internal hostilities of the Indians and British adherents, and from the regular British army. The victory gained over the latter at Eutaw springs, in 1781, relieved this state from the pressure of the war, and contributed to the successful issue of the general cause.

[ocr errors]

Constitution, or Form of Government.-In the year 1776, (26th March,) a form of government was agreed to, by the provincial congress of South Carolina, till an accommodation should take place between Great Britain and America; but after the declaration of the continental congress in the same year, (4th July,) an act was passed, 19th March 1778, for establishing a constitution adapted to the new circumstances in which the state was placed. This resolution was carried into effect, in June 1790. The legislative authority is vested in a senate and house of represen

tatives, which united form the general assembly. The senators, forty-three in number, are elected by ballot, for the term of four years; but half the number vacate their seats every two years. A senator must be a free white man, thirty years of age, a resident in the state five years immediately preceding his election, possessed of a freehold estate of 300 pounds currency, clear of debt, and, if a non-resident in the election district, to the value of L.1000 sterling.

The representatives, a hundred and twenty-four in number, are chosen for two years; a representative must be a free white man, twenty-one years of age, possessed of a freehold estate of 150 pounds, or of a settled estate of 500 acres of land, and ten negroes; or of 500 pounds, if a non-resident in the election district. The electors, both of senators and representatives, must be free white men, of twentyone years, citizens of the state, (paupers, non-commissioned officers, and private soldiers excepted,) who have resided therein six months previous to the day of election; proprietors of a freehold of fifty acres of land, or a term lot, of which they have been regularly seised, and possessed six months before the election. These were originally the qualifications of electors, but, by the free suffrage bill, (as it was called,) passed since the framing of the constitution, every free white man, of twenty-one years, who has resided six months in the state, has the right of voting. *

*The constitution of 1776 required the acknowledgment of the being of a God, and belief in a future state of rewards and punishments, of which the elector, if required, was obliged to take an oath or affirmation.

The executive power is vested in a governor, elected by the legislature for two years, who must be thirty years of age, a citizen of and resident in the state ten years previous to his election, and possessed of a settled estate of L.1500 sterling in his own right. He is commander-in-chief of the militia of the state, both by sea and by land. Revenue bills originate in the house of representatives, subject to amendment, alteration, or rejection, by the senate. All other bills may originate in either house, and may be amended, altered, or rejected, by the other. No convention can be called for the purpose of amending the constitution, without the concurrence of two-thirds of the members of the legislature. All public officers are liable to impeachment for misbehaviour in office, The commissioners of the treasury, secretary of state, surveyor-general, and sheriffs, hold their offices for four years, and are not eligible for the four succeeding years.

Judiciary.-Judges are appointed by the legislature, during good behaviour, and are removable by impeachment. The courts consist of a court of sessions and common pleas for each district, with original and final jurisdiction, which meet twice a year, in spring and in autumn. The judges of the different circuits, four in number, form the highest, or constitutional court, and meet once a-year, at Columbia, and at Charleston, for the purpose of hearing and determining all motions for new trials, and in arrest of judgment, and such law matters as may be submitted to them. In each of the four districts there is an

equity court held once a-year, and ordinary courts, to supply the county courts, which were abolished in 1799. The inferior city court of Charleston hears and determines all civil causes arising within the limits of the city, and is a court of record, having concurrent jurisdiction with the courts of session and common pleas, provided that the case have no relation to land titles, and that the verdict or judgment does not exceed 1000 dollars, exclusive of costs, in any particular action. By an act of the ancient assembly of 1712, the common and statute law of Great Britain was declared to be in force, and has since been adapted, by various modifications, to the principles of the constitution. All rights of primogeniture have been abolished. An insolvent debtor has a right to present his case to the court for examination; and if it appear that he has acted honestly, he is released from imprisonment, discharged from all suing creditors, and protected against those who do not sue twelve months after his discharge. From 1800 to 1806 inclusive, 5858 judgments were entered up, averaging 838 for each year. In the May term of 1806 1150 causes were tried. In 1809 there were 1150 at issue for the January term.

Finances.-The revenue arises from the annual taxes on lands, slaves, absentees, bonds, professions, the inte rest of the paper medium loan, and the interest and instalments due by the United States. The land-tax is

In 1682 the taxes did not exceed L. 2320. In 1691 a duty

« PreviousContinue »