by some colonists from England, under Col. William Sayle. He was appointed by the Lords Proprietors, July 26, 1669, "Governor of all that Territory or part of the Province of Carolina, that lies southward and westward of Cape Carteret." ~

Port-Royal is eligibly situated for a commercial town, having a deep and capacious harbour, admitting ships of the largest class, and in its neighbourhood a rich and fertile country. It is probable that, the Spaniards became jealous of the settlement of the English, in a country to which they laid claim, and that the Indians, under their influence, showed some marks of hostility. Whatever was the cause, it must have been urgent, to induce them to relinquish their improvements, and commence again the labour of a new settlement. They continued at Port-Royal but a few months, and then removed to the western bank of Ashley river," for the convenience of pasturage and tillage ;" and " on the first high land," laid the foundation of a town, which they named, in honor of the King, Charles-Town. The site of this settlement now belongs to Elias Lynch Horry. Lynch Horry. The creek in its neighbourhood was originally called Town creek, and is now known by the name of Old-town creek. The point made by the confluence of Ashley river and Wappoo creek, was then called Albermarle Point.

thement in

The removal of the Colonists to Ashley river took place in the year of their arrival from England. This is ascertained by a codicil to Colonel Sayle's will, made in Charles-Town, September 30, 1670.* His Will was made in Bermuda the preceding February, probably, Ash on his passage from England. The codicil was proved before Governor West, April 10, 1671, in which Co- pp lonel Sayle styles himself, " Governor of that part of g imm the Province of Carolina, southward and westward from Cape Carteret, otherwise called Cape Roma-wow.

noe."

* Ramsay says the removal was in 1671. So. Ca. i. 2.

C

On the death of Governor Sayle, the Council elected Colonel Joseph West, a man of distinguished activity, courage and prudence. The codicil to Colonel Sayle's will having been proved before Colonel West, as Governor, April 10, 1671, is an evidence that the.. election was held before that period. In Trott's laws of the Province,* it is stated that, he was chosen, August 28, 1671. This is probably wrong, as he was styled Governor in the record of the proceedings of Parliament, held August 25, 1671. Subsequently, the Lords Proprietors made provision against the death of their Governor. They sent to some confidential person in the Province, a dormant commission for this office. But if at the time of a Governor's death, or absence, not to return, there should not be such a dormant commission, then the Lords Proprietor's deputies were directed to elect a Landgrave, if there should be one in the Colony, and if not, one of their own number, to serve until the pleasure of the Proprietors should be known.

Instructions were sent to the Governor, dated at Whitehall, May 1, 1671, which were called, "Temporary Laws, Commissions and Instructions from the Palatine, and the rest of the true and absolute Lords and Proprietors of the Province of Carolina, to the Governor and Council of Ashley River in the said Province." A model for the town was received at the same time, and was subsequently deposited in the office of the Surveyor-General.

The early records of the government of Carolina are incomplete. They appear to have been bound up at a period subsequent to their date, as some of the leaves have been misplaced, and others omitted or destroyed. The first page in the Journals of the Grand Council, is the 12th of their proceedings, and the 6th is preceded by the 25th. The first five pages are lost.

* Introduction, page 13.

These, probably, contained their proceedings from the time of their arrival in the Province, until their removal to Ashley river. Several meetings of the Council have no year affixed to them, which now can only be ascertained by a careful perusal of the context. Irrelevant matters are found in the same books, and among the records of Deeds, Warrants for land, Wills, &c. are found some of the Journals of the Grand Council. This arose from the circumstance of the Council, originally, exercising the various powers of a Court of Admiralty, Ordinary, Sessions, &c. or to the carelessness of the book-binder. The earliest record we have seen, and which we believe to be extant, is the following:

"Charles-Town, in the Province of Carolina.

"Colonel JOSEPH WEST, Governor. "In the Session of Parliament, viz: the 25th day of August, 1671, at Charles-Town, upon Ashley river in the Province of Carolina, aforesaid, pursuant to the Lords Proprietors directions; the said Parliament out of themselves chose five persons, namely, Mr. Thomas Gray, Mr. Maurice Mathews, Lieut. Henry Hughes, Mr. Christopher Portman, and Mr. Ralph Marshall, and the same day returned the names of the said persons, and presented them to the Governor and the Lords Proprietors Deputies, to be joined with the said Governor and Deputies as Members of the Grand Council for the people therein, to act and do as the Lords Proprietors have directed.

"At a meeting of the Governor and Council, August 28, 1671; sitting and present:

"The Governor, Sir John Yeamans, Captain John Godfrey, Mr. Stephen Bull, Mr. William Owens, Mr. Thomas Gray, Mr. John Foster, Mr. Maurice Mathews, Mr. Henry Hughes, and Mr. Ralph Marshall.”

Emigrants began now to arrive in numbers. Many came from England in a ship chartered by the Lords Proprietors. In order to provide for their accommo

dation, the Governor and Council directed the Surveyor-General, September 5, 1671, to lay out a town on Stono Creek, adjoining land of Thomas Gray, near Charles-town, containing 25 acres; of which 5 acres were to be reserved for a church yard. A town lot, containing 4 poles, and a lot of 5 acres, out of town, for planting, were allotted to every person in each family. The choice was to be determined by drawing lots. Two vessels, likewise, arrived with emigrants from New-York; and the Grand Council directed, December 20, 1671, a town to be laid out for them, on a creek to the south of Stono, to be called JamesTown.* It was to contain 30 acres; and 5 poles were to be given to every person in each family. The land without the town, was to be laid out into lots of ten acres for each person. This place, after some years, was abandoned, and the settlers spread themselves over the country.

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It appears that land was promiscuously taken up and occupied as a town, without any regard to its form or convenience. It is likewise probable that, its locality was not finally settled, for on the 24th October, 1671, a committee was appointed by the Grand Council, to examine the banks of Ashley and Wando rivers,† " and to make a return of what places might be most convenient to situate towns upon, that the same might be wholly reserved for these and the like uses." And again, Jannary 13, 1671-2, a committee were appointed to "view Wando river, and the several creeks there, and there mark such place or places as they shall think most convenient for the situation of a town or towns, and their report thereof to return to the Grand Council with all convenient speed. And it is further order

* Ramsay, So. Ca. i. 4. dates this in 1674, and states that Stephen Bull, was Surveyor-General. Captain Florence O'Sullivan held that office, having been appointed by the Lords Proprietors in 1669.

+ Wando was the original name of Cooper river. In a deed of sale, dated December 19th, 1672, some lands are stated to bound "on Wando river,otherwise called Cooper river."

ed and ordained by the Grand Council, that no person or persons, upon any pretence whatsoever, do hereafter run out or mark any lands in Wando river aforesaid, or in any creeks or branches thereof, until such report be returned by the said Captain John Godfrey, Captain Thomas Gray, and Mr. Maurice Mathews, as aforesaid." The report is not upon record.

Sir John Yeamans being the only Landgrave in the Province, believed himself entitled to the government on the death of Governor Sayle. At a meeting of the Grand Council, December 14, 1671, he "declared that he is sole Landgrave in this Province, according to the Fundamental Constitutions, and according to a letter from the Lords Proprietors to him directed, a copy whereof he does produce, he conceives he is Vice Palatine, and thereupon requires the government and care of the affairs in this Province. Upon serious consideration had thereof, and of the Fundamental Constitutions, and the Temporary Laws agreed on by the Lords Proprietors, and here remaining, and the true coherence between them. It is resolved and advised (nem. con.) that it is not safe or warrantable to remove the government as it is at present, until a signal nomination from the Palatine, or further orders or directions be received from the Lords Proprietors." As soon as the death of Governor Sayle was known in England, Sir John Yeamans was appointed Governor of Carolina. He was commissioned December 26, 1671, and proclaimed in Charles-Town, April 19, 1672.

*

Sir John Yeamans, who either resided in Barbados, or went there to promote the settlement of Carolina, came to the Province with some others, and a few negroes, immediately after the arrival of Governor Sayle.+. It appears that Sir John was originally designated by the

*These Constitutions were acknowledged by the Governor and the Coun. cil, or Upper House, but not by the Representatives of the People, or House of Commons.

* See Hewatt's So. Ca. i. 52. 53.