The royal gazette — [Charleston] S.C., 1781-05-02 00:00:00, page 1

Cum terras f dices ferto et incendio vafent bella civilia, et rerum domefli
carum quietcm obruant; Dii, quanta clades, quanta exbriuntur calami
iates! Turn DOS, 0 Virtus, Fidefaue, Libertas, et 'tyufilia,facias omnes, et
cbarifima bonis civibus, aliquant valete ! Vitii, perfdi%Jerwtuti, et
injuries Di preepotenti cedexdam est :—relurgetis ramen, baud minus
intaminatae.
WAR is the source of infinite evils to mankind. Reason revolts
at the calamities wherein it involves individuals, as well as
communities; to alleviate which civilized nations have adopted rules
founded on the laws of nature and humanity, which diftinguilh the
wars recorded in modern history, from those we read of in the dark
and barbarous ages of antiquity*. Civil wars are usually prosecuted
with more unrelenting cruelty than foreign wars: so a fine writer
observes, that differences between friends are attended with more
implacable resentments than the quarrels of strangers; originating,
perhaps, in the fame causes, a recollection of former good offices and
the idea of ingratitude, &c. which inflame the paflions, and stimulate
the foul, in a fuperiour degree, to revenge. The American revolt,
besides those calamities inseparably incident to civil commotions, hath
beep productive of an additional evil, peculiar to this unnatural war
fare, whicli requires some explanation.
On the commencement of the usurpation in this province, those
who assumed the exercise of a lawless sway over the people, under
the specious pretence of defending their liberties, having emitted bills
of publick credit to a great amount, to promote their aspiring views,
it soon became evident that the fixed ratio between the paper-cur
rency and gold and silver, used by mankind in general as a standard,
or measure of the value of things, was annihilated : and as the for
mer decreased in value in proportion to those emissions, by a frequent
recourse to so dangerous an expedient, a rapid depreciation necessa
rily ensued : and the publick councils of usurpation having, by an
arbitrary edict, made the fame a tender in law, according to its no
minal value, and even imposed severe penalties on those who should
fell any species of property for other money by express agreement,
and refufe to take the paper-currency at that value in payment, be
sides fubje&ing such property to forfeiture, many to avoid persecu
tion for their loyalty, as well as to avert impending ruin, departed
the province, leaving no attorney or person known to possess their
pecuniary securities : whereupon another arbitrary edi& was passed,
authorizing those indebtedto absentees, whose attornies or pecuniary
securities could not be found, to pay their bonds and notes into
the treasury of the State; declaring such payment an extinguifh
ment of the debt : of which edi&s people in general took the advan
tage, by discharging their engagements greatly under the real a
mount, and many of them for less than fix pence in the pound, in the
depreciated paper-currencyf ; and creditors, intimidated by the des
potism of their rulers, were obliged to deliver up the legal evidences
of their just demands; while others paid their debts by the fame
rules of proportion into the publick-treafury, during the absence of
their creditors, who, on their return to the province were, on the
fame principles, constrained to give up such evidences of their debts ;
whereby thoufands,who formerly lived in a Hate of ease and affluence,
are reduced to poverty ; and great numbers of others of his Majesty's
loyal fubjeds, owing large sums of money to the merchants in Great-
Britain, are threatened with inevitable ruin and deftru&ion, which
must necessarily have the most pernicious confequencgs on the trade,
commerce and prosperity of the Parent State.
In vain did tire unhappy fufferers implore redress from the powers
of usurpation : Callous to the prayers of the widow, the tears of the
orphan, and the earned: {applications of creditors of all denominati
ons, the authors of their diitreffes, under the artful dhguife of reme
dying their grievances, increased the evil, without the lead: emotion of
pity or remorse, by raising the interest on publick-loans, as an en
couragement to the unwary to place their money into the treasury,
wherein our late rulers had evidently no other motive than to
strengthen their power and consequence : but as we are now, by the
blessing of God, restored to our political connexion with the Crown
and Government of Great-Britain, there cannot be the least doubt^f
finding relief in the wisdom of tiieir councils, and the excellency
of her laws.
To promote an objed so interesting, should be the sincere en
deavour of every lover of justice, on the impartial administration
whereof the prosperity and happiness of societies do, in a great mea
sure, depend. Cicero, in his arrangement of the duties of man,
after piety to the Gods, makes that to his country of primary obli
gation to the relative duties we owe to ourselves and to one another.
Let justice then so wifely interwoven by the wisdom of the Deity
with the good of the community, as well as a sense of our duty to
our country, animate individuals to devote some of their time to re
medy so complicated an evil, unbiaffed by considerations of private in
tereit or publick policy. For my own part, unfolicitou# of literary
fame, I feel an irresistible impulse to contribute my mite on this oc
casion, although, perhaps, at the hazard of running the gantelope of
criticism.
It is a melancholy reflection, that after such a length of time as
hath elapsed since the surrender of this capital, there appears so little
disposition in debtors, to do justice to their creditors. % Is it possible to
think the eternal principles of equity have so precarious a power on
the heart, that men can confeientioufly imagine the payment of fix
pence is a compensation for a pound ? Or that publick authority, un
* In the course of the las and preceding centuries, the rigour usually ob
served in foreign wars, was greatly relaxed by the belligerent powers, who,
in their declarations and manifeftos, frequently excepted the fubje&s of their
enemies peaceably re,ding witbin their refpe&ive dominions ; and gave li
berty to others, not comprehended in that description, to remove with their
efeeds in one, two or three years : Even some species of traffick were per
mitted between the nations at war. The herring, Jbery was allowed by the
French and Dutch edi&s in 1536; and by the ediß ,1552, commerce was
permitted under certain refriaiens. The Span,, Portuguese and Englijh
war in 1653, 1665 and 1672; and also the French war in 1672, 1689
and 1702,furnifo proofs of thefame kind ;fo the French have, nee confuted
to the Englijh buying their wines and brandy, and the Englijh havefold them
horfs in time of hi,ility ; indeea, to such a pitch , refinement did tae
Rulers of States and Empires arrive in the la, century, that they did not
scruple to facrifee their sincerity to an affeflation of generosity, incompatible
with every idea of war. Thus we fee the Grand .Monarch in 1666,fend
ing an Embaffador to the King cf England, with his compliments of condo
lance on the fire of London ; although the two nations were then at war, and
meditating each others defruXion. How different the conduX of Caius
Popilius, who, when King Antiochus saluted him, and offered him bis right
band, refufed to return the one or receive the other ? How doth the Maj,y
of the Roman virtue fine forth with the most amiable li,re, in the latter in
fiance ! while the former excites emotions of abhorrence, at the duplicity of
the ancefor of the prefect pretended affertor of the natural and political
rights of mankind, the great and good Ally of America.
f A person having borrowed £.3000 in gold and fiver, of the widow of a
referable Merchant, invefed £.35 of the hioney in the purchase of a horse,
ivbicb, after several years use, be fold for {3OOO of the depreciated paper
currency, during the usurpation. Witb this money, be paid off the debt of
£.3000 ; and the widow, once surrounded with plenty, by such infances of
injustice, now fub„s on the bofpitality of a benevolent neighbour.—ln ano
ther case, tbefale of five pair of turkeys at TOO paper dollars a pair, enabled
a person to pay a debt of £.700 of the lawful currency, borrowed many
years before of orphans, besides inter,.
SOUTH-CAROLINA: Printed by R. WELLS &; SON, Printers to the King's Most Excellent Majesty.
ROYAL
Vol. I.
From W EDNESDAY, May 2,
For the ROYAL GAZETTE.
The advocates for the firft proportion contend, that the cancelling
all conveyances of property and pecuniary securities, originating in
the payment or loan of the paper-currency of Usurpation, will give
a mortal wound to rebellion in future ; on which head let me be per
mitted to observe, that by the laws of England persons guilty of that
offence, forfeit their lives and fortunes to the State as a facrifice for
their crime, besides incurring a corruption of blood and dilherifon of
issue, which must necessarily have the most powerful influence on the
mind. Now it is probable that only a part of the property of a
person engaged in rebellion would be acquired by the medium of the
paper-currency of ufurpation': Can it then be logically inferred that
the loss of a part, will intimidate more than a lot's of the whole?
But even supposing the whole estate of a Rebel was acquired by pur
chase with the illegitimate currency, can it be imagined tiiat a person
would be more attached to it, from that confderation, than if he had
obtained it with lawful money? Common sense as well as experience
militate against such a fuppoftion : so that the giving a mortal wound
to rebellion by this expedient, appearing to be only an assertion, un
supported by reason or argument, cannot maintain the proposition ;
which, in faft, would defeat the end and object of its patrons: In
proof whereof, it is necessary, for Ine to give a definition of the deb
tors and creditors in this province, so far as they have any connexion
with the proposition.--Debtors here, do not correspond in character
or description with those mentioned in ancient or modern history,
who, being incapable of emerging out of a date of native poverty, or
reduced to indigence by misfortunes, were entitled to the aid of hu
mane laws to restrain the oppression of their creditors; but are men
of the firft diftin&ion and great, affluence, who run in debt to cultivate
their lands, and improve their fortunes. Creditors, op the other hand,
consist of widows, orphans, merchants and money-lenders, or persons
who, from advanced years or infirmities, have relinquished the busy
feenes of life, to pass the remnant of their days in tranquillity, on the
interest of their money. Without faying any thing therefore of ei
ther, refpe&ing their loyalty or attachment to the British Constitu
tion, anteriour to the commencement of the civil commotions, it must
be obvious the former had a great deal to gain, and the latter every
taring to lose, by a subversion of the government ; which, it was fore
feen, would involve in it the necessity of emitting a paper-currency,
that must certainly decrease in value, as it became plenty. JHence, it
appears, that felf-inter,, so predominant in the minds of men, dic
tated an early acquiescence of debtors in the measures of the usurpers,
who patronized them en all occasions as more serviceable to their
cause, from the permanency of their estates, while creditors only pos
sessing a transitory kind of property were disregarded, as well as the
petitions of persons incapable of opposition or refinance. Debtors
then being enabled to pay their old engagements, in the spurious de
preciated currency, by the most unjust and arbitrary, edicts of usurpa
tion, their creditors were constrained to let the fame again at interest
on new securities, which being void by the very terms of the proposi
tion, they must of course recur to the firft debtors for justice, which
it would be impossible to obtain, as the bonds are given up, the wit
nesses probably dead, and not the least trace or vestige of proof re
maining in support of the debts, by reason of the impracticability,
during the usurpation, of adopting any expedient to perpetuate evi
dence ; from all which it is obvious, that rebellion would derive coun
tenance from the measure proposed, instead of difeouragement. Be
sides, the injustice and inconvenience arising from such a scheme must
be apparent, feeing the lawful currency and private bank-notes circu
lated promifeuoufiy with the illegitimate currency ; and as no person
can be supposed to possess proofs of the different species of money, that
passed through his hands in four or five years of anarchy and confu
sion, the invalidating of conveyances and pecuniary-securities would
extend to the lawful, as well as the unlawful currency ; exclusive of
the pernicious effect it would have on wills, family-fettlements, &c.
For as property has been acquired partly with lawful money, and part
ly with the spurious currency, thus cancelled and made void, some of
a person's children would be amply provided for, and others of them
left destitute of subsistence, in opposition to the plain intent and mean
ing of their parents; so that it is clear this proposition is extremely
indigested by its advocates, who, instead of remedying the evil, would
accumulate the distresses of the people, without diferiminating be
tween the innocent and the guilty ; or what is still worse, would re
ward the latter and punilh the former, contrary to every principle of
law and justice, as well as found policy, which dilate a different
system of conduct ; for a rehofpe&ion of fads will evince, that cre
ditor and loyalist on the one hand, and debtor and difaffeded on the
other, were, with some exceptions, synonymous terms.
The second proposition is equally liable to objections : Indeed er
ror is usually found in the extremes. Can it be seriously conceived,
that if a man pays me an old contracted debt in the spurious depre
ciated currency, which I lend to another, I have a right to receive
o-ood money from him, because lawful money is exprel'fed in the con-
Trad. Such an expe&ation would be repugnant to every principle of
justice and equity, which regard the fubhance and intention of the
parties. Besides," the proposition supposes, that pecuniary securities
have been invariably made payable in the lawful currency, which is
not the case, perhaps, of one in an hundred ; for by the constitution
of the usurpers, it was enacted, that this country should be called and
known by the name or style of the State of South-Carolina:
And as the generality of people were not acquainted with the mode
of drawing such securities, printed forms were commonly made use of,
expreffing'the current money of the State; independent whereof it
was apprehended, that a deviation from that style or description,
would'vitiafe pecuniary contracts, which excited people's fears, as it
was evident the spirit of politicks had too much influence on judicial pro
ceedings; and conveyances of property, on the fame principle, gene
rally mention the considerations to have been paid in the current
money of the State.
The last proposition seems to be a medium cf the two preced
ing. In the early ages of the world, mankind conduced their
dealings by barter and exchange: the precious metals were brought
into use on the principle of convenience ; and their value is not intrin
fick but arbitrary, depending entirely on their plenty or scarcity
in different countries. Money, then, is only a measure cf the value
der the most regular and constitutional form of government, much
less under usurpation, can fan&ify injustice ? But alas ! War has a
natural tendency to vitiate the morals, and the people have been used
to such frequent violations of private right, during the prevalence of
faction, that many seem to have arrived no such a pitch of depravity,
as renders them insensible to the suggestions of honour, virtue and
honesty, in their publick as well as private engagements.
A matter of such real importance, as the emiflion and depreciation
of the paper-currency in this province, during the Usurpation, mull:
necessarily excite a variety of speculations and opinions; which, to
extricate the fubjed as much as pofiible from perplexity, may be re
duced to three heads or propositions.
I. The annihilation of the paper-currency of Usurpation ab
initio, so as to invalidate all conveyances and pecuniary secu
rities, originating in the payment or loan of it.
2. The establishment of all such conveyances and pecuniary secu
rities by confidcring them as founded in the payment or loan of
lawful, instead of the spurious depreciated currency.
3. The support of these contrasts, allowing the iliegimate cur
rency to operate as a payment, according to its relative value
to be ascertained by a just standard of its progressive depreciation.
Of which in their order.
Hili
tH E
GAZETTE.
to SATURDAY, MAY 5, 1781.
of things: the baser metals have often usurped the place of gold and
silver: even leather, under particular exigencies, hath been fubflituted
in their stead; and a currency has been given to paper during the
constitutional government of the Britifn Colonies, on the credit of
the publick faith, with such prudential limitations that its fixed ratio
to Ipecie was ever religiously preserved. Every person who has the
least spark of loyalty to the King, attachment to his government,
or veneration for the British constitution, muff deleft the me fares
which gave rife to the emission of a spurious paper-currency among
us, wherein no regard was paid to its fixed ratio to gold and silver,
or the publick faith, during the usurpation; and that deteftatica
will increase in proportion as gratitude inspires individuals with a
sense of the invaluable blessings they have enjoyed under their auspices
and protection, before the fatal counsels were adopted which have
reduced this once prosperous and happy country, to its present de
plorable situation. But political bodies are liable to disease, as well
as the natural body: and although a fkilful physician in the cure,
will endeavour to prevent a future return, he should be equa'ly at
tentive to the peccant humours that indicate other maladies. I think
it is evident from the foregoing reflexions on the firfl proposition,
that it would not tend to difeourage rebellion in future. The accom
plishment of this desirable objeft will require the utmost vigilance
of attention, as well as exertion of all the national wisdom and vir
tue, on the one hand; and the most diligent investigation of the
latent causes and secret springs of action, that have involved this
province in all the calamities of a civil war, which will have a mo-,
nitory influence on succeeding ages, on the other. Tire illegitimate
paper-currency, the cursed progeny of usurpation, hath loft its po
litical exiflence, as well as rhe hateful monster its parent, and may
both ever meet the execration they deserve, must be the ardent wish
of every true lover of hi; country: the funding it would patronize t
volt in future; but that currency having been compulsively used as
a medium of trade, under the arbitrary edicts of a tyrannical go
vernment, so far as relates to individuals, appears to be a simple ques
tion of private right, whicli demands tlie interposition of publick
justice; independent whereof, implacable refentrnents will be kin
dled and an unnatural collision excited, founded in the interests and
paflions of men, which, sooner or later, will involve the community
in new convulsions.
In this point of view, the illegitimate currency having passed from
hand to hand, as the indicium, type, or sign of the value of private
property, at pa ticular periods and people having paid their old as
well as late contrasted debts witli that currency at ifo nominal value,
rcgardlefs of its original worth or depreciation from time to time,
the eternal principles of justice and mortality dictate, that there
should be a diftin&ion made between the nominal and the real value,
so as to remedy such an obvious injury; whicli can only be done by
some equitable rule or standard, afeertaining its progreflive depre
ciation: and as creditors on the one hand, should be entitled to re
lief for whatis still bona fide due to them, their debtors, on the sane
principles, should have the benefit of such payments as they have
made, according to their real value.
Whether the depreciation-table, published by authority of the late
Intendant-General of the Police, is such a ilandard as ought to be
final and conclusive on this occasion, I fhal| not determine. Objec
tions have been made to it, which, together with the pretensions
of debtors refpeding the payment of their old-contracted debts, in
the spurious depreciated currency, will be candidly examined in some
future paper. In the mean time, the attentive reader will perceive
the foregoing observations only relate to the modification of the right
creditors have to relief against their debtors, and not to the exis
tence of the right itfelf, which, if seriously doubted, is fufficiently proved
from the eternal laws of justice and morality, in a former letter, origi
nally printed in Messrs. Robertson, Macdonald and Cameron's paper
in August last, and republished in the General Gazette, No. 1094.
t is urged indeed by some, tint the last proposition will be pro
ductive of great confufon, in creditors resorting to their debtors for
relief, after such a lapse of time; and that it cannot afford an uni
versal remedy for the evil, by the mortality of parties and witnesses:
on which head I fhail only observe, that the confufen Springing from
fraud and error is a common fubjedt of difeuffion in all human judi
catures; and even admitting the objection is well founded, as to the
universality of the remedy, it is clear that partial relief is preferable
to a totalfailure of jiftice.
May 4 tb, 1781. DRUSUS.
PUBLICK AUCTION,
On TUESDAY next, the Bth Day of May,
At ONE o'Clock, at the Exchange,
FIFTEEN very valuable PLANTATION NEGROES,
being a small gang, and may be had altogether or in lots,
as purchasers mav incline, for cash or good bills of exchange
on London. ' X CURRIE & NORRIS.
On TUESDAY next, the Sth Day of May,
At TWELVE o'Clock,
Will be fold before the Exchange,
A HOUSE and LOT in Guignard-ftreet, No. 17, contain
ing in front on the said hreet fifty feet, and in depth feventy
five feet, with a tolerable house of four rooms, kitchen, well, &c. &c.
and poffeflion may be had in ten days. Likewise,
A NEGRO WOMAN, a tolerable plain cook and a good
washer and ironer, by | WILLIAM RUSSEL.
Tohn millin' g,
Begs leave to acquaint his friends and the publick, that
he has resumed his business of
PAINTIN G and GLARING;
and that orders sent to him at his shop in St. Michael's Alley,
will be punctually attended to.f
A Few Calks of very fine Sugar—Jamaica Spirits—and a
few Pipes of Madeira Wine, to be fold by
GEORGE MOWATT, & CO.
I No. 41, Bay.
"WANTED TO R
A HOUSE on the Bay, or Broad-street, or in Church
ftreet contiguous to Broad-street; it must be fit for the
reception of a family, and the out houses in good order. En
quire at No. 94, Church-ftreet.l
THE fubferiber having returned to reside in Charleftown, is
in want of a HOUSE or part of one consisting of not less
than three rooms. Any person who can accommodate him
will be pleased to apply to the Printers, or at Mr. Job Colcock's,
No. I in Kinloch-Court. $ JOHN COLCOCK.
JOHN BELL intends to embark for Europe in twen^v da; s,
therefore d'fires all having any demands, and h fe in
debted, to call and fettle with Jim, next door to Ao. 2„
Mceting-ftreet. *c.
Numb. 19.