1686.

James Colleton, efq; a proprietary, was appointed goa vernor, in Auguft. The next year he called an affembly, in which he and his party took upon them to pass fuch laws as loft him the affections of the people. During the ferments that followed, Seth Sothel, whom we have feen banished from Albemarle, fuddenly arrived at Charles-town. Countenanced by a powerful party, and prefuming on his powers as a proprietary, he feized the 1690. reins of government in 1690, notwithstanding the oppofition of governor and council. A general return of members was procured, who readily fanctified by their votes whatever was dictated by thofe that had thus acquired power. Colleton, whofe conduct had been far from blamelefs, was inftantly impeached of high crimes and mifdemeanors, difabled from holding any office, and banished. Others were fined, imprisoned, and expelled the province. The proprietaries appointed 1692. a new governor; and the next year, upon the requifi tions of the Carolinians, abrogated Mr. Locke's fystem of laws, the fundamental conftitutions, which far from having answered their end, introduced only diffatisfaction, and diforders, that were not cured till the final diffolution of the proprietary government *. The operation and fate of Mr. Locke's system may convince us of this truth, that a perfon " may defend the principles of liberty and the rights of mankind, with great abilities and fuccefs; and yet after all, when called upon to produce a plan of legiflation, he may aftonifh the world with a fignal abfurdity †."

Moft of what is faid upon Carolina is taken from Chalmers's Po litical Annals, under the head of that province.

+ A Defence of the American Conftitutions of Government, by John Adams, efq; p. 365,

Governor

-Governor Archdale arrived at Carolina in Auguft. 1695. He managed with great prudence, and fucceeded fo well that the affembly.voted him an address of thanks. He was fucceeded by Jofeph Blake efq; whofe fentiments were fo liberal, that, though a diffenter, he prevailed with the assembly to settle 1501. per annum upon the epifcopal minifter of Charles-town for ever, and likewife to furnish him with a good house, a glebe, and two fervants. A very different spirit wrought in the earl of Bath, when he fucceeded to the power of palatine, and became 1701. eldest proprietary. Being a zealot for the church of England, he was ambitious of establishing its worship, and of excluding non-epifcopalians from a fhare in the a government of Carolina; a fimilar principle was at that time too prevalent in England: His views were feconded by the pliablenets of governor Moor, who was after* a while fucceeded by Sir Nathaniel Johnson. Then the affembly being convened, a bill was brought in for the more effectual prefervation of the government, by re-i quiring all perfons chofen members of the affembly, tov conform to religious worship, and receive the facrament of the Lord's-fupper, according to the ufage of the church of England. By thiscaft, all diffenters were dif qualified from fitting in theraffembly, though legally elected, and the candidate who had the greatest number: of voices, after the difqualified diffenter, was to be ad mitted.. The paffing of this act was unconftitutional and oppreffive. Another bill was paffed for eftabliling religious worship in the province, according to-thechurch of England, and alfo for the erecting of churches, the maintenance of minifters, and the building of convenient parfonages. Both thefe acts were afterward

4

figned

figned and fettled by John Lord Granville, then palatine, for himself and the other proprietors. In confequence of the last act, many oppreffions were committed by the government against the diffenters; who labored under these and other grievances, till the matter at length was brought before the houfe of lords, who, having fully weighed the fame, addreffed the queen in favor of the Carolinians; and the laws complained of 1706. were declared null and void.

An Indian war having broken out in Carolina, and the proprietaries finding themselves unable to maintain it, against the Indians, while these were fupported by the 1728. French and Spaniards, refolved to furrender their charter to the crown. One-eighth of the province belonged to Lord Carteret. The proprietors of the other seveneighths were to receive for their ceffion 17,500l. together with 5000l. more, due to them from the province on account of outstanding debts. The furrender and payment was confirmed by a British act of parliament, wherein was a clause, referving alway to John Lord Carteret, his heirs, executors, administrators, and affigns, all fuch eftate, right, and title to one-eighth part of the fhare of the faid provinces or territories, and to oneeighth part of all arrears, as was his due. After paffing the act, the British government applied itself in earnest to encourage this colony, and Robert Johnson, efq; was appointed governor, and continued fuch till he died in 1735. 1735; in which year Carolina was divided into two colonies, North and South, and each placed under a separate governor *.

The Modern Universal History, Vol. XL. 1763.

Pennsylvania

Pennfylvania and the Delaware Counties next demand our attention. Mr. William Penn, one of the joint purchafers of the western part of the Jerseys, having received the moft exact information of the country to the weftward of the Delaware, while engaged in the adminiftration of the joint purchase, became defirous of acquiring a feparaté estate.

He presented a petition to Charles II. in June, ftating 1680. not only his relationship to the late admiral; but that he was deprived of a debt due from the crown, when the exchequer was fhut. He prayed for a grant of lands, lying to the northward of Maryland and weftward of the Delaware; and added, that, by his interest, he should be able to fettle a province which might, in time, repay his claims. Having the profpect of fuccefs, he copied from the charter of Maryland the sketch of a patent which in November was laid before the attorneygeneral for his opinion. Penn had the fame, object in view as Lord Baltimore had, the guarding against the exertions of prerogative, which experience had taught both were very inconvenient. The attorney-general declared the claufe of exemption from taxation illegal: and chief juftice North, being of the fame opinion, and obferving its tendency, added the faving of the authority of the English parliament, fo that it was ftipulated by the king, for himself and his fucceffors," that no custom or other contribution fhall be laid on the inhabitants or their estates, unless by the confent of the proprietary, or governor and affembly, or by act of parliament in England.” The next year the patent was granted, in confideration 1681. of " the merits of the father, and the good purposes of the fon, in order to extend the English empire, and to promote

VOL. I.

G

promote ufeful commodities." It was provided by fit claufes, that the fovereignty of the king should be preferved; and that acts of parliament, concerning trade and navigation and the customs, be duly obferved. Penn was empowered to affemble the freemen, or their delegates, in fuch form as he should think proper, for raising money for the uses of the colony, and for making ufeful laws, not contrary to thofe of England, or the rights of the kingdom. A duplicate of the acts of the affembly was to be tranfmitted within five years to the king in council, and the acts might be declared void within fix months, if not approved.

The novel introduction of the clause subjecting the inhabitants of Pennsylvania to taxation by act of parliament, might afford an argument against being fo taxed, to all the colonies whofe charters contained no fuch claufe. Dr. Franklin being asked, when examined by the house of commons, in the time of the stamp act,

Seeing there is in the Pennsylvania charter, an express refervation of the right of parliament to lay taxes there, how could the affembly affert, that laying a tax on them by the stamp act was an infringement of their rights?" anfwered, "They understand it thus-By the fame charter and otherwise they are entitled to all the privileges and liberties of Englishmen. They find in the great charters and the petition and declaration of rights, that one of the privileges of English fubjects is, that they are not to be taxed, but by their own confent: they have therefore relied upon it, from the firft fettlement, that the parliament never would or could, by colour of that claufe, tax them till it had qualified itself for the exercife of fuch right, by admitting reprefenta