every objection, and interposed every obstacle, that might prevent so decisive a step. But while the discussion was going on, there arrived at Charleston, by express from Savannah, the act of Parliament of December 21st, 1775, declaring the Colonies in a state of Rebellion, and authorizing the capture of their vessels and property. This silenced, in a great measure, the moderate men, who wished a reconciliation with Great Britain-put down attempts of postponement and opposition-and greatly advanced the public measures which were then in hand.'1

Three days after its reception, namely on the 24th of March, Rutledge, on behalf of the committee, reported a Preamble to the Constitution. It was drawn by him, and recites, in strong and forcible language, the causes of the war, the wrongs of the colonies, and the necessity of establishing a mode for regulating the internal polity of the colony.

The general features of the South Carolina Constitution are worthy of observation.

The Legislative authority was vested in a President, General Assembly, and Legislative Council.

The Congress was to constitute the General Assembly until the ensuing October, when members were to be chosen, and afterwards biennially, from the respective districts and parishes of the State. The number thus chosen was to be equal to the representation in the present Congress.

The Legislative Council consisted of thirteen members, elected biennially by the General Assembly, out of their own body.

The President was chosen by the General Assembly and the Legislative Council, either from among themselves or the people at large. He was vested with the

Drayton's Memoirs, vol. ii., p. 180.

Executive authority of the State, and allowed a salary of nine thousand pounds per annum.

The Judicial power was vested in a Court of Chancery and Courts of Law.

The Court of Chancery was composed of the VicePresident and Privy Council, who were chosen by the General Assembly and Legislative Council; and whose ordinary duty was to advise the President when required. The Chief Justice and Assistant Judges were chosen in the same manner, and commissioned during good behavior.

All money-bills originated in the General Assembly, and could not be altered or amended by the Legislative Council, though they might reject them. Bills of a dif ferent character could be initiated in either branch, and be altered or rejected by the other. The President had a negative upon their acts.

No change was made in the laws of the State; and all pending suits could be prosecuted, if either party desired it, to a final termination, in the courts originating under this Constitution, without being obliged to commence de novo.

This Constitution was hailed by the people with great satisfaction. It virtually extinguished all authority under the crown. It professed to be temporary. It was carried after a long debate, that it should only continue until an accommodation of the unhappy differences between Great Britain and America could be obtained.'" But sagacious minds perceived, that independent governments, once established, the people would never consent to give them up.

'I have reasons to believe,' wrote John Adams on the 17th of May, that no colony, which shall assume a

6

Ramsay's Revolution of South Carolina, vol. i., p. 83.

government under the people, will give it up. There is something very unnatural and odious in a government a thousand leagues off. A whole government of our own choice, managed by persons whom we love, revere, and can confide in, has charms in it for which men will fight.'1

1

Adams' Letters, vol. i., p. 109, 110.

VOL. I.-34

CHAPTER X.

PRESIDENT OF SOUTH CAROLINA.

1776-1778.

THE Congress, now acting as the General Assembly, proceeded, on the very day the Constitution was adopted, to organize a government, agreeably to its provisions. Rutledge was chosen President.' When the Assembly convened the next morning, he thus addressed them." 'The very great, unsolicited, and unexpected honor which you have been pleased to confer on me, has overwhelmed me with gratitude and concern. Permit me to return you my most sincere thanks for so distinguishing and

' March 26th, 1776. He was elected on the second ballot. See Journals, Force's Archives, vol. v., p. 615.

2 I observe that Ramsay, (Revolution of S. C., vol. i., p. 94,) speaks of this address as being delivered immediately upon Rutledge's election. So does Moultrie, Memoirs, vol. i., p. 130. This is a mistake. The Journals of the Assembly show otherwise. Ramsay frequently errs in details, though accurate in substance. Drayton, on the other hand, relates details as if he were writing under the obligations of an oath, and seldom is erroneous. He conforms to the journals and public documents, the only safe guides in matters of fact. Drayton, vol. ii., p. 241.

The Colonies to the South,' wrote Adams to his wife, 'are pursuing the same maxims which have heretofore governed those to the north. In constituting their new governments, their plans are remarkably popular, more so than I could ever have imagined; . . . and, in the choice of their rulers, capacity, spirit, and zeal in the cause, supply the place of fortune, family, and every other consideration which used to have weight with mankind. My friend, Archibald Bullock, Esquire, is Governor of Georgia; John Rutledge, Esquire, is Governor of South Carolina; Patrick Henry, Esquire, is Governor of Virginia; Dr. Franklin will be Governor of Pennsylvania,' &c. July 10th, 1776. Letters of Adams, vol. i., p. 135.

I

unmerited a mark of your confidence and esteem. have the deepest sense of this honor. The being called by the free suffrages of a brave and generous people to preside over their welfare, is, in my opinion, the highest any man can receive. But, dreading the weighty and arduous duties of this station, I really wish that your choice had fallen upon one better qualified to discharge them; for, though in zeal and integrity I will yield to no man, in abilities to serve you I know my inferiority to many. Since, however, this, gentlemen, is your pleasure, although I foresee that, by submitting to it, I shall be ranked by your enemies amongst ambitious and designing men, (by whom they say the people have been deceived and misled,) yet, as I have always thought every man's best services due to his country, no fear of slander, or of difficulty or danger, shall deter me from yielding mine. In so perilous a season as the present I will not withhold them; but in her cause every moment of my time shall be devoted. Happy, indeed, shall I be, if those services answer your expectations, or my own wishes. On the candor of my worthy countrymen I rely to put the most favorable construction, as they hitherto have done, upon my actions. I assure myself of receiving, in the faithful discharge of my duty, the support and assistance of every good man in the colony; and my most fervent prayer to the Omnipotent Ruler of the Universe is, that, under his Providence, the liberties of America may be forever preserved.'

The Vice-President, Judges, and other officers, being chosen and qualified to act, the oath of office, previously framed and adopted, was administered to the President in the General Assembly on the 28th instant.' It was

The following is the form of oath administered to him on that occasion I solemnly promise and swear to preside over the people of this colony according to the Constitution, or form of government, agreed to,