Her practitioners, though they have not originated improvements in medicine, deserve well of their country; for they have been ever attentive and among the first to enrich it with the medical discoveries both of the old and new world.

The medical society of South-Carolina was constituted in the year 1789, and consisted of the tollowing members: Peter Fayssoux, Alexander Baron, Tucker Harris, David Ramsay, Andrew Turnbull, Isaac Chanler, George Logan, George Carter, Robert Wilson, Elisha Poi sett, James Lynah, George Hahnbaum, John Budd, and Thomas Tuder Tucker.

AMPLE

CHAP. III.

MPLE powers for the government of Carolina were given by the royal charters. These, as far as they were legislative, were to be exercised by the proprietors with the consent of the freemen.

Each

An

appears to have had a negative on the other. terior to the settlement of the province, the proprietors employed the celebrated John Locke to draught "fundamental constitutions of South Carolina." What was their precise object does not appear. The articles agreed upon were not in the nature of a bill of rights, for they are far short of magna charta, and enumerate few of any consequence and derogate from others. The 101st declares" that no person above 17 above 17 years of age age should have any benefit or protection of the law, or be capable of any place of honor or profit, who is not a member of VOL. 11.

R

some church or profession." The 96th declares, "that the church of England being the only true and orthodox, and the national religion of all the king's dominions is so also of Carolina, and therefore it alone shall be allowed to receive public maintenance by grant of parliament *." These fun

damental constitutions were not of the nature of a constitution, in the american sense of the word, for instead of emanating from the people, they were to be unalterable, though agreed upon before a single white person had settled in the province. The object of most of them is, "the establishment of the interest of the lords proprietors with equality and without confusion," as is stated in the preamble. They were wholly unsuitable and even impracticable for the immediate government of an infant colony.

From internal evidence they do not appear to be so intended, for they proposed that "there should be eight supreme courts," and also "a court in every county," and that "all towns incorporate should be governed by a mayor, 12 aldermen, and 24 common councilmen ;" nearly three times the number that now preside over the police of Charlestown though 128 years old. They contemplated three orders of nobility; and appointed a court to take care of all ceremonies, precedency, heraldry, and to regulate fashions, habits, badges, games and sports, when as yet there were no commoners. They seemed on the whole to be calculated for a state of

In the folio edition of Locke's works these constitutions are printed as part of the same, but a note subjoined to this article disavows its having been drawn up by Mr. Locke. It was also objected to by John Archdale.

society far beyond that to which Carolina has yet attained. They were never accepted by the people, who, adhering to the charter as a constitutional rule, passed such laws in concert with the proprietors as the state of the province required. After 28 years these fundamental constitutions were set aside by the proprietors on the requisition of the people, who in no one instance had acted upon them. The feeble and distracted state of the proprietary government was not, as has been erroneous ly represented, the effect of the speculative political theories of John Locke, introduced as the constitution of South-Carolina: for neither his fundamental constitutions nor their successive modifications by the proprietors, were at any time the law of the province or the rule of its government. The only part of them which seems to have been perpetuated is the biennial election of members of assembly. The 79th article proposes that all acts of parliament should become null and void at the end of 100 years without a formal repeal. This would have produced both good and evil, but which would have preponderated is questionable. The 70th article declares "that it shall be a base and vile thing to plead for money or reward;" and that no one should be permitted to plead another man's cause, not a relation, "till he took an oath that he had not nor would not receive, directly or indirectly, any money or reward for pleading the cause he was going to plead." The proprietors were always friendly to the fundamental constitutions *; but they

The proprietors were so desirous of the acceptance of

could not persuade the people to consent to their establishment. The charter which the assembly preferred as the best security of their rights, was silent on many important points. In supplying its defects on principles of analogy and in every act of legislation the concurrence of the proprietors and of the freemen of the province was necessary; but frequently this concurrence could not be obtained. In several particulars respecting the executive and judicial departments there was a collision of interests. The charter was construed by both in a manner

these fundamental constitutions, that they sent out four suceessive modifications of them to render them more agreeable to the people. The original draughted by John Locke, was dated in 1669-an amended set in 1670-a further amended set in 1681-2. The date of the next amended set is unknown; but that of the last was in 1698. The genuine original 3d set, engrossed on a roll of parchment 18 feet long and 2 wide, is now in possession of governor Charles Pinckney, and is subscribed in the real hand writing of the proprietors as follows:

"Sir Peter Colleton,
"Seth Sothell,

"Albemarle,

❝ Craven,

"Bath for lord Carteret.

"I subscribe this fundamental constitution except the 96th "paragraph," this is quoted above, and authorises an establishment of the church of England," and what relates to fighting "which for conscience sake I refuse and not otherwise. "John Archdale, for Thomas Archdale." They who wish to read these much talked of but misrepresented constitutions, will find a copy of them in Mr. Locke's works, and in Dr. Hewat's history of South-Carolina. As they were never received nor acted upon by the carolinians, they were not deemed of sufficient importance to merit republication in this work.