CHAPTER IX. 1775-1776. GOVERNMENT INSTITUTED IN SOUTH CAROLINA. THE second Provincial Congress of South Carolina assembled at Charleston on the 1st day of November, 1775. It does not appear from the journals of that body, at what precise time Rutledge took his seat among them. On the 28th of November, however, he was appointed, together with Rawlins Lowndes, and Arthur Middleton, a committee to consider and report what measures were proper to be adopted, respecting the persons confined in the several jails of the State. On the following day, the Congress adjourned to the 1st of February, but not without evincing their continued confidence in the delegates to the Continental Congress, by reappointing them to represent the colony in that body. When the Provincial Congress came together again in February, Rutledge and Middleton, being present, received the thanks of the Congress for their late important services. Your constituents,' said the President, in his address to them, 'sensible of the propriety of your conduct, and of the benefits which, with the blessing of the Almighty, it is calculated to shed upon America, have constituted me their instrument, as well to signify to you their approbation, as to present to you their thanks; and it is in the discharge of these duties that I now have the honor to address you. In an important crisis like the present, to receive the public thanks of a free people, is to receive the most honorable recompense for past ser vices; and to deserve such thanks, is to be truly great. I know that it is with pain such men hear their commendations. . . . and lest I wound your delicacy, when I mean only to do justice to your merit, I forbear to particularize what is already well known.'' Rutledge had been appointed a member of the Council of Safety; the business before the Congress was various and pressing; forces were to be raised, the means of defence to be provided and organized; and a form of government established. Hence, he deemed his services more important at home, than in the Continental Congress. He addressed the Congress upon this subject, on the 15th of February. He said, it was with the utmost concern he found himself obliged to request that they would dispense with his attendance in the Continental Congress in future; that he had many weighty reasons which rendered his request proper; but, above all, as the American dispute was now agitated by arms, he was certain that he could be of more service to his country, and the common cause, at home than abroad; and, therefore, he earnestly desired they would grant his request. This, however, was not done. On the day following his application, the Congress resolved to choose five delegates to serve for the ensuing year; that a majority of them, when present at Philadelphia, should be a quorum; and that when, by sickness or accident, only one delegate should be in attendance, such delegate might fully represent the colony. Doubtless this arrangement was made in consequence of Rutledge's request, and to secure his services at home, during the present emergency, without the necessity of his withdrawal from the Continental Congress. On the same day, Lynch, the two Rutledges, Arthur Middleton,3 and Thomas Heyward, Jun., were duly elected to repre Force's Archives, (4th series,) vol. v., p. 566. 2 Ibid., p. 572. sent South Carolina for the ensuing year, in the Congress at Philadelphia. Wherever the Royal authority was overthrown, the powers of government were assumed and exercised by committees and conventions. The necessity of a more stable authority, an authority strictly defined, and exercised according to law, was soon felt. The subject had early occupied the attention of Rutledge. We have seen in the preceding chapter, that he was among the foremost to urge the institution of governments in the several colonies. The forms which those governments should assume, he had made a topic of reflection and conversation. Hence, he was prepared to take an efficient part in framing the Constitution of South Carolina. On the 8th of February, he was appointed one of a committee to consider the resolution of the Continental Congress, adopted the previous November, and recommending the mode of establishing a form of government in that colony. On the 10th, this committee made their report. It was immediately taken into consideration. Many members of the Congress were opposed to estab lishing an independent Constitution. Some there were, who were not yet sufficiently advanced for so decisive a step; while others contended that their constituents had not clothed them with the requisite authority.' Gadsden had returned from Philadelphia on the 8th instant, and brought with him the first copy of Paine's pamphlet, called Common Sense; written in vindication of doctrines,' said Adams, in a letter to his wife, dated the 18th instant, which there is reason to expect, that the further encroachments of tyranny and depredations of oppression will soon make the common faith,' &c. Gads den avowed himself, not only in favor of an independent government, but of the absolute independence of the United Colonies. This last sentiment,' says Drayton, 'came like an explosion of thunder upon the members of Congress; as the resolution of the Continental Congress, upon which the report for a form of government was grounded, had by no means led them to anticipate so decisive a step: neither had the majority of the members, at that time, any thoughts of aspiring at independence. A distinguished member, in particular, declared he abhorred the idea; and that he was willing to ride post, by day and night, to Philadelphia, in order to assist in reuniting Great Britain and America; and another called the author of Common Sense Even the few who wished for independence thought Colonel Gadsden imprudent in thus suddenly declaring for it, when the house was unprepared for considering a matter of such great importance.'' 2 It has been assumed, but upon what authority does not appear, that the distinguished member to whom Drayton alludes in this extract, was Rutledge. However, there is nothing, in the supposition, inconsistent. with his position at this time; while there is much to support it. In the first place, the person in question was evidently a member of the Continental Congress; 2 See Johnson's Traditions of the Revolution, p. 41. It must not be forgotten,' says Drayton, that the citizens of South Carolina did not lead, but followed, the American Revolution. They had been mildly treated by the Royal Government, and therefore did not hastily lose sight of British protection. Hence, the public mind weighed how far it should support violent measures against the ancient government; and did not give way until the revolutionary troubles, and revolutionary principles thence arising, led them, step by step, to concede points as proper and patriotic, which, a short time before, they had thought dis loyal and unadvisable.' Vol. ii., p. 89. As to the anxiety, 'approaching to despondency,' at this time 'prevailing through the Southern Colonies,' see Adams' Letters, vol. i., p. 81. and, of Gadsden's colleagues in that body, only Rutledge and Middleton were now in attendance upon the Provincial Congress. In the second place, the language used in denunciation of Gadsden's sentiment, is characteristic of Rutledge, and would seem to indicate him as its author. Notwithstanding the diversity of opinion that appeared in the Congress, and the excitement occasioned by Gadsden's bold and unexpected avowal of obnoxious sentiments, the report of the committee, declaring that the present mode of conducting public affairs was inadequate to the well-governing the good people of the colony; and that many regulations were wanting to secure peace and good order, during the unhappy disputes between Great Britain and the colonies, was agreed to, without any alteration. On the following day,' a committee of eleven was chosen, by ballot, to prepare and report to the Congress a plan or form of government. This committee consisted of C. C. Pinckney, John Rutledge, Charles Pinckney, Henry Laurens, Christopher Gadsden, Rawlins Lowndes, Arthur Middleton, Henry Middleton, Thomas Bee, Thomas Lynch, Jun., and Thomas Heyward, Jun. On the 4th of March, they brought in their report. Its consideration was postponed until the following day; and, in the meantime, all members of the Congress, who were absent, and within sixty miles of Charleston, were sent for by special messengers, and at their own expense. The form of government, reported by the committee, engaged the earnest attention of the Congress; it was considered by sections, and, after several amendments, was finally adopted on the 26th of March, 1776.2 This result, however, was not attained without much opposition and controversy. The moderate men urged Sunday, Feb. 11. 1 2 Drayton's Memoirs, vol. ii., p. 178, and Journals of the Provincial Congress. |