ART. XI. Confiderations on certain Political Tranfactions of the Province of South Carolina: Containing a View of the Colony Legislatures, (under the Defcription of that of Carolina in particular.) With Obfervations, fhewing their Refemblance to the British Model. 8vo. 1 s. 6d. Cadell. 1774.

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HIS pamphlet contains a detail of curious and interefting tranfactions, and therefore merits particular attention. The Writer, with fome humour, avows himself to be à downsight placeman of near twenty years ftanding; and as it may be fuppofed his employment is in the province of which he treats, it is a rare inftance of twofold good fortune: firft, that he has been fuffered to hold a place fo long amid the fluctuation of miniftries and oppofite interefts; and, fecondly, that his conftitution has enabled him to weather it for that length of time in fo dangerous a climate. If the candour of this declaration hould, as he apprehends, prejudice our patriots, and perfons out of place, against him, we are confident that the good fenfe and impartiality which he difplays, will recommend him to all men who have understanding enough to know that government must be adminiftered; and that when perfons of talents and integrity execute offices under it, they have a claim to respect, as the best friends to the Public..

There is a clear diftinction between oppofing the bad meafures of government, and adopting oppofition to government as a fettled plan of conduct: the former is true patriotism, but the latter must be dictated by a weak head or a bad heart. Indeed patriotifm, in the beft fenfe of the term, if too eagerly pro-fecuted, will degenerate into the madness of blind faction; for according to the familiar adage of fummum jus, fumma injuria, extreams are always blameable and dangerous. The American ftamp-act was perhaps the moft inconfiderate measure that government could have attempted to carry into execution, as it came at leaft a century too late, and as the confequences of it are very unlikely to fubfide. The prefent Writer thus confiders thefe confequences:

It is not my intention to enquire into the policy of impofing ftamp duties on the fubjects in America; neither do I prefume to determine any thing refpecting an act fo extremely offenfive to the colonies in general; but I beg to offer a fmall conjecture, That the repeal thereof will prove to be an epoch in the annals of British story; for, fince that memorable period, the public affairs of these countries have been in a state of almoft ruinous distraction; and what was pro-bably meant to infpire gratitude and love, has rather kindled ran-cour and difguft. The affection of the Parent State feems to be confidered as the effects of aged fondnefs and impotent attachment: and forry I am to fay, that conceffions have daily produced ufurpation and refiftance; one claim has been followed by another, which, ge nerating more, have multiplied like the encreafing power of numbers, in a course, as it were, of geometrical progreffion,

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South Carolina was not the most backward in the general oppofition to this ftamp act; for we are informed that the Affembly did not think the Governor obliged to enforce the execution of that law, as it had not been tranfmitted to him by the Secretaries of State, or the Lords of Trade: though it feems the printed act had been fent to the Lieutenant-Governor by the Attorney-General. This advantage, weak as it was in a public body to attempt to profit by it, was afforded by the notification of new laws not being pofitively prefcribed. They were anciently proclaimed by the Sheriffs; a formality which, fince the invention of printing, their circulation from the press has been thought to render needlefs. But though this may be deemed fufficient publication to public bodies, whofe duty it is to procure them, yet laws are often paffed whofe operation is not fo extenfive, nor their exiftence fo notorious, as the act abovementioned and it may feem hard to convict individuals on ftatutes, which though they are prefumed to be acquainted with, this knowledge is dependent on meer contingencies that may not take place under all circumstances, even without fuppofing wilful ignorance...

The next step taken by the Affembly of South Carolina, which affords matter for animadverfion, was to tranfmit, on their own authority, 1500l. to the Society for fupporting the Bill, of Rights, at the London Tavern. On this measure our Author is very fevere; and from what he fays we fhall extract the following paffages:

The true points of debate, then, may be comprehended in a few plain pofitions, arifing from the above detail of facts, viz. That the Commons Houfe of Affembly fignalized themselves in favour of a Club called the Supporters of the Bill of Rights, held at the London Tavern, by voting, in December 1769, 1500 1. Sterling for their ufe, and ordering the Public Treasurer to pay the fame out of any monies in the Treasury.

That this order was made by their own fole authority, independent of, and without the privity or confent of the other two branches of the legislature.

That when the first Annual Tax-bill was fent to the Upper House in the month of March 1770, with a schedule annexed containing the following charge, viz. "To Jacob Motte, Efq; advanced by him to the perfous named by a refolution of the Houfe, 10,500l. (being of the value of 1500 1. Sterling)" the Council rejected the faid bill, and feveral fubfequent ones have fince met with the like fate, for the very fame reafon.

That the conduct of his Majesty's Council has not only been twice highly approved by the King himself, but the difpute has been taken up by the Crown; and by an additional inftruction to the Governor, fuch orders have been declared to be unconftitutional; and the like practice has been thereby fally provided againft in future. REV. Mar. 1774.

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That

That the Affembly, tenacious of their rights as conceived by them, and obftinate in adhering to the meafure which had given fo juft caufe of offence, have repeatedly perfifted in the justice and propriety of the original vote and order, notwithstanding his Majesty's, royal interpofition in the cafe.

Thus ftands this important contest between the Crown and the People's Representatives of his Majesty's colony of South Carolina.

It is true, that the Commons are to judge and determine in what cafes they will or ought to give and grant; but farely it is implied, that they fhall not arbitrarily and injuriously appropriate the public treafure, and thereby abufe the confidence repofed in them by the people. Surely it will not be contended, that they have a right to impoverish the members of the ftate, when the neceffities of government require no fuch exertions. Admit, for a moment, that the Affembly are poffeffed of a power to apply the money of their conftituents to any purposes generally, and we must alfo admit, that they may do fo to any amount and extent whatever; and then, I think, the reprefented are in a state of abfolute vaffalage and ruinous depend

ence.

Is it not an arbitrary act to tax the eftates of the fubjects in this colony to fupport a private club, a tavern club, a factious club, upon any fpecious pretence or colourable excufe ?-Is it juft, fit, or reafon able, that burthens should be laid upon the people, to serve a job or gratify a whim--Can men fuffer themselves to be fo deluded, and amufed, to their lofs as well as shame?-Are chains more tolerable, because impofed by our own confent?-Can men tamely furrender their reafon, and the power of judging for themfelves, by a fingle act of delegation? Was it their fenfe and meaning, to furnish their constituents with rods for their own backs; and are thofe whom they chofe to reprefent and protect them, to be their executioners ?-Is the colony arrived to full maturity ?-Has it no wants of any kind?Does it ftand in need of no fupplies for beneficial establishments; for the encrease and advancement of the products of the foil; the extenfion of its commerce, and the promotion of useful knowledge? Are the feveral counties fo well fupplied with churches, chapels, and fpiritual teachers, and with schools for the inftruction of youth; or, Are the public roads, bridges, caufeways, and fortifications, in fuch perfect ftate and condition; and are the circumftances of the colony in general fo extremely eafy, that the treasury meet only to receive, and not to pay? If these things are fo, we may overlook, for once at leaft, the idle prodigality complained of: but if these questions cannot be favourably aniwered, every man in the community is injured to a certain degree; and every fum diverted from their fervice, is an act of real tyranny and infolent oppreffion.

For my own part, I muft candidly confefs, that I never reflected in my mind upon this fubject, but I found two very different paffions excited in my breast, mirth and refentment. The comical part of the flory is, That a collective body of men, in their grave and fenatorial ftations, fhould perfuade themfelves that Magna Charta, the Habeas Corpus A, and the Bill of Rights, ftood in need of a little propping from a club of men whofe ftandard was fet up at the London Tavern.

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That the King, Lords, and Commons of England were either remifs in their duty to the ftate, or indifferent about it; that all the virtue and public fpirit in the nation had Squeezed itself into the London Tavern; and that nothing could fave Britain and America, but a little ablution at that. facred fpring; are fuch abfurd and laughable circumstances, that no age or nation can furnish a precedent fo superlatively ridiculous and weak!"

What will appear to aggravate this inconfiderate grant of public money is, that on a fubfequent inquiry into the true ftate of the treafury of the colony, it was found to be fo low, that the Council (or Upper Houfe) thought it neceflary to addrefs the Governor to call in 50,000 l. currency, to keep the treasury in a courfe of circulation; and it gave rife to fome violent contests with the House of Affembly, for which we must refer to the detail.

Our Author then proceeds to give a view of the form of colony government. This form correfponding with that in Britain, he condemns the above grant, on the maxim that no act of any one of the three eftates, is of legiflative authority, without the regular and formal concurrence of the other two. The following obfervations appear to deferve mature confide→ ration:

The establishment of provincial Councils in their present form, has, till lately, given fatisfaction both to the Crown and People, and the oppofition which has been firred for feveral years paft, is owing to fome alterations which time has produced; the moft material of which is the encreafe of the People's Reprefentatives in General Affembly, whereby the due equipoise is in a great measure loft, and the weight of power centers with the People. Like causes will in all countries produce like effects; and whenever that nice æquilibrium which the different branches of the constitution are intended to preferve, is loft, by an acceffion of too much power to either branch, the one will of courfe fwallow up the other. Thus it happened the laft century; when the Commons had refolved upon the downfall of Monarchy, they likewife voted the House of Lords to be useless and dangerous.

The colony fuffers in no refpect by the twofold character of a Council; but if a Privy Council were to be formed promifcuously from the Members of both Houses, this would weaken the weight of the Crown, and add greatly to the scale of the People, which ftands in need of no addition. But, in my apprehenfion, it seems abfolutely neceffary that the numbers of the Council fhould be encreased; and for this plain and obvious reafon, Because a body of Twentyfour Counsellors, for inftance, appointed by the King from the first rank of the People, moft diftinguished for their wealth, merit, and ability, would be a means of diffusing a confiderable influence through every order of perfons in the community, which must extend very far and wide, by means of their particular connections; whereas a Council of Twelve, several of whom are always abfent, can have little

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weight, nor can their voices be heard amidst the clamour of prevailing numbers.

I think this body, acting legislatively, ought to be made independent, by holding that flation during the term of their natural lives, and determinable only on that event, or on their intire departure from the province. But the fame perfon might nevertheless, for proper caufe, be difplaced from his feat in Council; which re gulation would, in a great measure, operate as a check to an arbitrary Governor, who would be cautious how he raised a powerful enemy in the Upper House by a rash removal; at the fame time that the power of removal would keep the Member within proper bounds. The lifetenure of his legiftative capacity would likewife fufficiently fecure that independency which is fo neceffary to this ftation, and fo agreeable to the conftitution of the Parent-State. I know fome folks will raise both fcruples and fears; but for my own part, I think without much reason for if we attend to the workings of human nature, we shalk find, that a certain degree of attachment commonly arifes to the fountain from whence an independent honour flows. Oppofition seldom fettles upon the perfons who are raised to dignity by favour of the Crown, it having fo much the appearance of Ingratitude, one of the moft detefted vices; and it ever acts a faint and languid part, till a defcent or two are paft, and the author of the elevation is extinct. From this reasoning it feems tolerably clear to me, that the Legislator being for life, and deriving his confequence from the Crown, will rather incline to that feale; and it is not probable that his oppofition could in any inftance be rancorous or factious, inasmuch as, though his life-eftate is fecure, he would not with unneceffarily to excite the refentment of the Crown, or exclude his defcendants or connections, perhaps, from fucceeding afterwards to fuch a post of honour and diftinction in their native country: in fhort, this idea feems to admit fuch a qualified dependency, as will attach the perfon to the fide of the Crown in that proportion which the conflitution itself allows, and yet fo much real independency, as will make him fuperior to acts of meanness, fervility, and oppreffion. Whether these fentiments are well founded, or not, I fubmit to the impartial judgment of my reader; what I principally mean to infer is, that the happinefs of thefe colonies much depends upon a due blending or mixture of power and dependence, and in preferving a proper fubordination of rank and civil discipline.

'Some few diftinctions it might be proper to annex to this fitua tion, as an inducement to men of family and fortune to accept the truft; for, in its prefent impotent ftate, it is a real burden; and as being overborne by the force of numbers in the Lower House, is rendered obnoxious to the People, and oppreffive to the Party.'

The detached paffages from this fhrewd and difpaffionate examination into the internal difputes of the colony of Scuth Carolina, would have appeared to greater advantage, had it been in our power to have enlarged the extracts: thofe of our Readers, however, who may, from thefe outlines, be inclined to procure the pamphlet, will have no caufe to regret the time spent in perufing it.

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