Williamsburg County, South Carolina - Chapter 18: Government and Officials, 1783-1830, 1923

Until the Revolution, elections in Prince Frederick's Parish were held at Prince Frederick's Church on Black River, which was located about three miles east of Prince Frederick's Parish line. In 1787, it was enacted that all elections in the future for Prince Frederick's Parish should be held at George White's at Indiantown. By Act of 1789, the elections for members of the Legislature for Prince Frederick's Parish were held on the same day at the King's Tree Bridge, at house of George White at Indiantown, the house of Captain John McCrea, and also at the Episcopal Church of the Parish. Two managers were appointed for the holding of these elections at each one of these places and on the day following the elec¬ tion, these managers were required to meet at the house of George White at Indiantown and then and there open the ballot boxes and declare the persons elected for the General Assembly.

The South Carolina Constitutions of 1776 and 1778 were adopted under the storm and stress of war, and the Supreme Court held they were merely legislative actions. The Constitution adopted in 1790 is a remarkable body of fundamental law. At that time, South Carolina had the experience it gathered from other state constitutions as well as far-sighted, clear-thinking, and vigorous-act¬ ing statesmen. This Constitution placed almost absolute control of everything in the hands of the wealthy slave¬ holding aristocracy.

There was a property qualification required for mem¬ bership in the General Assembly. A representative must own in the district five hundred acres of land or real estate of one hundred fifty pounds sterling. He need not reside in the district, if he owned property of the value of five hundred pounds sterling. A senator must own real estate in the district to the value of three hundred pounds; or, if a non-resident, have one thousand pounds sterling. A man might vote in any district in which he owned fifty acres of land or a town lot; or in the district in which he lived, if he paid three shillings tax. The Legislature was given almost unlimited power. In addi¬ tion to its law making functions, it elected governor, presidential electors, United States senators, and almost every other official down to county coroners.

In his Sectionalism in South Carolina, Dr. W. A. Schaper of the University of Minnesota says : "The slave holding planters - a mere handful of the white popula¬ tion - became the absolute masters of the situation and remained so to the end. They had almost unlimited power to oppress the up country people, and it must be recorded to their credit that they never used their power for that purpose, nor was a single charge of corruption brought against the government in the heated contro¬ versy which led to the reform in the representation in 1808. Their administration seems to have been singularly fair and it speaks well for the wisdom and manhood of the South Carolina planters."

The working of this Constitution of 1790 divided South Carolina into two factions which have existed until the present day. The "low country" consisted of the old judicial districts of Georgetown, Charleston and Beau¬ fort. It was the strip of land about sixty miles in width from the seashore westward. Williamsburg was in¬ cluded in this "low country," and has proven loyal to its idealism in all periods of South Carolina history. The "low country" was settled many years before the "up country," and by people who emigrated directly from Europe ; while the "up country" immigrants came largely from the states to the North, following southward the foothills of the Appalachian Mountains.

During colonial times, Charleston had been the seat of the Government. After the Revolution, the "up coun¬ try, where probably four-fifths of the population of the State resided, succeeded by one vote in making Colum¬ bia the capital of the State. However, a sort of dupli¬ cate government was created and the predominancy of the low country in a great measure was preserved. The low country, with one-fifth of the white population, kept control of the Legislature. The Governor was required to reside in Columbia during the sittings of the General Assembly and was permitted to live elsewhere as in his judgment conditions required. That meant that he lived in Charleston at least four-fifths of his time. Nineteen out of the first twenty governors' terms in South Caro¬ lina were filled by citizens of Charleston and the twen¬ tieth by Governor Alston who was from Georgetown and held "low country" ideals.

This Constitution of 1790 also provided for two trea¬ surers, one to hold office in Columbia and the other in Charleston. The offices of the Secretary of State and Surveyor General were to be kept open at both these places, the principals to reside in one and the deputies in the other. The Supreme Court sat at Charleston as well as at Columbia.

The story of the working of this dual government and the dominance for three-fourths of a century in South Carolina of the relatively small aristocracy in the "low country" over the ever increasing democracy of the "up country" is exceedingly interesting to students of soci¬ ology and of government. During this period, South Carolina more nearly approached the conditions obtain¬ ing in Greece in the age of Pericles than has any other people up to this time. Dr. David Duncan Wallace called South Carolina during this period "an aristocratic re¬ public."

From 1730 until 1769, all official matters of the citizens of the District of Williamsburg received attention in the city of Charleston and all official records were kept there. From 1769 until 1806, Williamsburg, then known as Prince Frederick's Parish, was a part of Georgetown District, and its official matters received attention in that city. However, many of the wills and deeds from Williamsburg during that period were filed and re¬ corded in Charleston.

In 1804, an Act was passed establishing Williamsburg District according to the boundaries of Williamsburg County named in the Act of 1785 into a Circuit Court District. By Act of 1805, court was required to be held at Williamsburg Court House at the King's Tree on the 21st days of March and of October of each year, and to sit for any time not exceeding five days. All suits and prosecutions then pending in the Court of Common Pleas and General Sessions at Georgetown wherein the defen¬ dants resided in the District of Williamsburg were trans¬ ferred to the Courts of Williamsburg, there being finally determined.

Major James Campbell, Major John Nesmith, and Theodore Gourdin, Esq., were appointed commissioners for the purpose of taking bond and security from the Clerk and Sheriff appointed for Williamsburg, for secur¬ ing a court house for the use of the people of the Williams¬ burg District, and for attending to such other business as should be required in the organization of the new district.

When Messrs. Campbell, Nesmith, and Gourdin under¬ took to secure a court house at the King's Tree for Wil¬ liamsburg District, they found that the land set apart as a public parade ground in 1736, and which belonged to the district, was in the possession of William Brady, who had built a house on it and claimed the lot. This com¬ mittee was unable to secure this lot until Mr. Brady died in 1820. In 1805, they leased a store house of Patrick Cormick's which was located near where Mr. Hammett's home now is at the cornor of Main and Long Streets, Kingstree, for use as a court house.

The sessions of the District Court about this time were seasons of great dignity and solemnity. The High Sheriff of the district always escorted with a drawn sword at carry the presiding judge from his hotel to his seat on the bench, and the assembled multitude in strict harmony with these formalities paid respectful homage. Court was opened with a sermon preached at length in the aholy tone" by some venerable minister. The Reverend William Knox, of the Black Mingo Church, was usually the "sermonizer." He was paid $12.85 for each of these sermons, $10.00 fee and $2.85 for mileage. After the sermon, the grand jury was drawn and the presiding judge delivered a formidable charge. Immediately after the charge, the session adjourned for the day and everybody hurried across the street to Bracy's bar and there re¬ freshed themselves. The next morning everybody was ready to decree woe to the unfortunates coming on for a hearing.

The first trial in the court of Williamsburg District was entitled, "The State against Daniel S. Eaddy, Moses Brown, Samuel Eaddy, Jr., and James Eaddy - assault and battery." These gentlemen had held a good old Irish adiscussion with sticks," plead guilty, paid their fines, and doubtless regarded their money well spent.

In 1820, the General Assembly of South Carolina ap¬ propriated $10,000.00 for the building of the Williams¬ burg District Court House. This money was made avail¬ able at once and the front part of the present Court House was built from plans of Architect Robert Mills and oc¬ cupied in 1823. This structure was erected with greatest care and for overcoming chance and time. Its walls are thirty inches of solid brick. These brick seem to resist

Samuel R. Mouzon was the first sheriff of Williams¬ burg District; J. McMurray, the first clerk of the Court of Common Pleas; David McClary, the first ordinary: all chosen and qualified in 1806. For about twenty years, either Samuel R. Mouzon or Peter Mouzon was sheriff of the district. One seems to have been elected for one term and the other for the next. At that time, Williams¬ burg District and Winyaw formed one senatorial district. Major James Campbell, of Williamsburg, was its first senator. R. L. Witherspoon and John Dozier composed the first delegation from Williamsburg District in the House of Representatives. David McClary was ordinary for Williamsburg District for more than thirty years.

John Dozier was elected senator in 1815; and William Burrows and Thomas Brown, members of the House of Representatives. In 1819, T. P. Davis and Thomas Witherspoon were elected representatives; Moses Mat¬ thews, sheriff; Hugh McCutchen, commissioner of loca¬ tion of lands, and James McCutchen, coroner. In 1823, T. P. Davis was senator; William Salters and John Graham, representatives; T. D. Singleton, sheriff; J. Gotea, Clerk of the Court of Common Pleas ; and W. Hid* dleston, coroner.

In 1825, Peter Mouzon was sheriff ; R. G. Ferrell, Clerk of the Court; John Graham, senator; James D. Singleton and David D. Wilson members of the House of Represen¬ tatives. In 1830, William Cooper was elected a member of the House of Representatives and Samuel E. Graham became sheriff.

During this period, the militia was an important factor in the district. Once every two months all of the men of the district reported to their company headquarters for instruction in military matters and these gatherings were influential in politics and in society at large. Among the officers of the companies and battalions in the Williams¬ burg District from the War of the Revolution to 1830 may be named the following: Colonel Robert L. Wither¬ spoon, Colonel William Cooper, Major John Macauley, Major John Nesmith, Major James Campbell, Captains William Flagler, John McCrea, John Fulton, William Graham, Samuel Malcolmson, Isaac Nelson, John Scott, R. L. Gourdin, William Frierson, John Graham, John Coachman, John Dozier, Leonard Dozier, William G. Flagler, and Abraham Michau. These militia organiza¬ tions were punctilious in the matter of observing military forms and ceremonies. Thev always attended Fourth of

July celebrations and other official occasions. When one of their officers died, a militarv funeral was held. In 1798, Lieutenant Alexander Cunningham died and was buried in the Williamsburg cemetery at Kingstree with military honors. It was a very imposing ceremony.

A great many of the younger men of the district volun¬ teered and served in the War of 1812. There were three well known officers from Williamsburg in this War, Major James Campbell, Captain Isaac Nelson, and Captain R. L. Gourdin. Captain Gourdin was adjutant of the Forty- Third United States Infantry, stationed at Georgetown, and signed the discharges of many of the men of Wil¬ liamsburg who served in that regiment.