An Indian war having broken out in Carolina, and the proprietaries finding themselves unable to maintain it against the Indians, while these were supported by the French and Spaniards, [1728.] resolved to surrender their charter to the crown. One-eighth of the province belonged to lord Carteret. The proprietors of the other seven-eighths were to receive for their cession £ 17,500 together with £ 5000 more, due to them from the province on account of outstanding debts. The surrender and payment was confirmed by a British act of parliament, wherein was a clause, reserving always to John lord Carteret, his heirs, executors, administrators, and assigns, all such estate, right, and title to one-eighth part of the share of the said provinces or territories, and to one-eighth part of all arrears as was his due. After passing the act, the British government applied itself in earnest to encourage this colony, and _Robert Johnson_, esq. was appointed governor, and continued such till he died in 1735; in which year Carolina was divided into two Colonies, North and South, and each placed under a separate governor.[44] _Pennsylvania_ and the _Delaware Counties_ next demand our attention. Mr. _William Penn_, one of the joint purchasers of the western part of the Jerseys, having received the most exact information of the country to the westward of the Deleware, while engaged in the administration of the joint purchase, became desirous of acquiring a separate estate. He presented a petition to _Charles_ II. in June 1680, stating not only his relationship to the late admiral; but that he was deprived of a debt due from the crown, when the exchequer was shut. He prayed for a grant of land, lying to the northward of Maryland, and westward of the Delaware; and added, that by his interest he should be able to settle a province which might, in time, repay his claims. Having the prospect of success, he copied from the charter of Maryland the sketch of a patent which in November was laid before the attorney-general for his opinion. Penn had the same object in view as lord Baltimore had, the guarding against the exertions of prerogative, which experience had taught both were very inconvenient. The attorney-general declared the clause of exemption from taxation illegal: and chief justice North, being of the same opinion, and observing its tendency, added the saving of the authority of the English parliament, so that it was stipulated by the king, for himself and his successors, “that no customs or other contribution shall be laid on the inhabitants or their estates, unless by the consent of the porprietary, or governor and assembly, or _by act of parliament in England_.”