USA > Georgia > A true and historical narrative of the colony of Georgia, in America, from the first settlement thereof until this present period > Part 2
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VOL I COLONIAL TRACTS
A TRUE AND HISTORICAL NARRATIVE, ETC.
NOTHING is more difficult for authors than to divest them-
selves of bias and partiality, especially when they ·themselves are parties or sufferers in the affair treated of.
It is possible this may be supposed the case with us, the publishers of this narrative; it may be imagined that the hard- ships, losses, and dissappointments we have met with in the Colony of Georgia will naturally sour our humors and engage us to represent everything in the worst light.
As the probability of those surmises is very obvious to us, we have, to the utmost of our power, guarded against the weak side of ourselves, and to convince the world of our sincerity shall no further descend into the grievances of particular persons than is absolutely requisite for making our general narrative intelligible ; and to a faithful detail of public vouchers, records, extracts, missives, memorials, and representations, shall only adjoin so much of history as may be necessary to recount the most material events and to complete the con- nection.
We are hopeful that an information founded upon the strictest truth will effectually introduce any further steps that Providence shall enable us to take toward procuring the redress of our grievances. While we had the least hopes of redress from our immediate superiors and patrons, we would not, and when we begin to dispair of relief by that channel, we durst not, make application to any other tribunal, unless we would expose ourselves to the dreadful effects of the resentment of those who had before reduced us to poverty by oppression ; and, indeed, in all the applications we made for redress we were brow-beat, obstructed, threatened, and branded with opprobrious names, such as proud, idle, lazy, discontented, and mutinous people, and several other appellations of that kind; and were always afterwards harrassed by all means whatso-
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ever, several instances of which will appear to the reader in the sequel.
Our late retreat from that confinement to a land of liberty puts it in our power to speak the truth, and though our endeavors are too late to relieve the dead, the dying, and those many now dispersed in all the corners of his majesty's domin- ions ; yet they may be the means of ushering in sympathy and assistance to the survivors, and to multitudes of widows and orphans of the deceased, from the humane and generous.
As our sole design is to give a plain narrative of the estab- lishment and progress of the Colony of Georgia from its rise to its present period, we shall court no other ornaments than those of truth and perspicuity, and shall endeavor to carry the reader's attention regularly from the first to the last motions we make mention of.
In the year 1732 his majesty was pleased to erect, by his Royal Charter, into a separate province distinct from South Carolina, that space of land lying between the rivers Savan- nah and Alatamaha, under the name of Georgia.
As this gracious charter is the basis and foundation of all the transactions relating to this province, which have so much amused and perplexed the world, and which our endeavor is to set in a true light, we cannot dispense with inserting the charter at large, which we are confident, for many reasons, will be acceptable to the reader.
CHARTER.
GEORGE the Second, by the grace of God of Great Britain, France, and Ireland; King, Defender of the Faith, etc. To all to whom these presents shall come, greeting. Whereas, we are credibly informed that many of our poor subjects are, through misfortunes and want of employment, reduced to great necessity, insomuch as by their labor they are not able to provide a maintenance for themselves and families; and if they had means to defray their charges of passage and other expenses incident to new settlements, they would be glad to settle in any of our provinces in America, where, by cultivat- ing the lands, at present waste and desolate, they might not only gain a comfortable subsistence for themselves and families, but also strengthen our colonies and increase the trade, navi-
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gation, and wealth of these our realms; and whereas, our provinces in North America have been frequently ravaged by Indian enemies, more especially that of South Carolina, which in the late war by the neighboring savages, was laid waste by fire and sword and great numbers of the English inhabitants miserably massacred ; and our living subjects who now inhabit there, by reason of the smallness of their numbers, will, in case of a new war, be exposed to the late calamities, inasmuch as their whole southern frontier continueth unsettled, and lieth open to the said savages; and, whereas, we think it highly becoming our crown and royal dignity to protect all our loving subjects, be they never so distant from us, to extend our fatherly compassion even to the meanest and most infatuate of our people, and to relieve the wants of our above-mentioned poor subjects; and that it will be highly conducive for accom- plishing those ends that a regular colony of the said poor people be settled and established in the southern territories of Carolina; and, whereas, we have been well assured that if we would be graciously pleased to erect and settle a corporation for the receiving, managing, and disposing of the contributions of our loving subjects, divers persons would be induced to con- tribute to the purposes aforesaid. Know ye, therefore, that we have, for the consideration aforesaid, and for the better and more orderly carrying on the said poor purposes, of our special grace, certain knowledge, and mere motion, willed, ordained, constituted, and appointed, and by these presents, for us, our heirs and successors, do will, ordain, constitute, declare, and grant that our right trusty and well-beloved John Lord Viscount Percival of our Kingdom of Ireland, our trusty and well-beloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Tower, Robert Moor, Robert Hucks, Roger Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Beletha, Esqrs. A. M. John Burton, B. D .; Richard Bundy, A. M .; Arthur Beaford, A. M .; Samuel Smith, A. M .; Adam Anderson, and Thomas Coram, Gentlemen, and such other persons as shall be elected in the manner herein- after mentioned, and their successors to be elected in the manner hereinafter directed, be, and shall be one body politic and corporate, in deed and in name, by the name of The Trustees for Establishing the Colony of Georgia in America ;
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and them and their successors by the same name, we do, by these presents, for us, our heirs and successors, really and fully make, ordain, constitute and declare to be one body politic in deed and in name forever; and that by the same name they and their successors shall and may have perpetual succession ; and that they and their successors, by that name, shall and may forever hereafter be persons able and capable in the law to purchase, have, take, receive, and enjoy, to them and their successors, any manors, messuages, lands, tenements, rents, advowsons, liberties, privileges, jurisdictions, franchises, and other hereditaments whatsoever, lying and being in Great Britain, or any part thereof, of whatsoever nature, kind, or quality, or value they be, in fee and perpetuity, not exceeding the yearly value of one thousand pounds beyond reprises ; also estates for lives and for years, and all other manner of goods, chattels, and things whatsoever they may be, for the better settling and supporting and maintaining the said colony, and other uses aforesaid; and to give, grant, let, and demise the said manors, messuages, lands, tenements, hereditaments, goods, chattels, and things whatsoever aforesaid, by lease or leases for term of years, in possession at time of granting thereof, and not in reversion, not exceeding the term of thirty- one years from the time of granting thereof, on which, in case no fine be taken, shall be reserved the full, and in case a fine be taken, shall be reserved at least a moiety of the value that the same shall reasonably and bona fide be worth at the time of such demise; and that they and their successors, by the name aforesaid, shall and may forever hereafter be persons able, capable in the law, to purchase, have, take, receive, and . enjoy, to them and their successors, any lands, territories, possessions, tenements, jurisdictions, franchises, and heredi- taments whatsoever, lying and being in America, of what quantity, quality, or value whatsoever they be, for the better settling and supporting and maintaining said colony; and that by the name aforesaid they shall and may be able to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts and places whatso- ever, and before whatsoever judges, justices, and other officers, of us, our heirs, and successors, in all and singular actions, plaints, pleas, matters, suits, and demands, of what kind,
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nature, or quality soever they be; and to act and do all other matters and things in as ample manner and form as any other our liege subjects of this realm of Great Britain, and that they and their successors forever hereafter shall and may have a common seal to serve for the causes and business of them and their successors; and that it shall and may be lawful for them and their successors to change, break, alter, and make new the said seal from time to time and at their pleasure, as they shall think best. And we do further grant, for us, our heirs, and successors, that the said corporation, and the common council of the said corporation hereinafter by us appointed, may from time to time, and at all times, meet about their affairs when and where they please, and transact and carry on the business of the said corporation. And for the better execution of the' purposes aforesaid, we do, by these presents, for us, our heirs and successors, give and grant to the said corporation and their successors, that they and their successors forever, may upon the third Thursday in the month of March, yearly, meet at some convenient place to be appointed by said corpora- tion, or major part of them who shall be present at any meeting of the said corporation to be had for the appointing of the said place, and that they, or two-thirds of such of them that shall be present at such yearly meeting, and at no other meeting of the said corporation, between the hours of ten in the morning and four in the afternoon of the same day, choose and elect such person or persons to be members of the said corporation as they shall think beneficial to the good designs of the said corporation. And our further will and pleasure is, that if it shall happen that any persons hereinafter by us appointed as the common council of the said corporation, or any persons to be elected or admitted members of the said common council in the manner hereafter directed, shall die, or shall by writing under his and their hands respectively resign his or their office or offices of common council man or common council men, the said corporation, or the major part of such of them fas shall be present, shall and may at such meeting, on the said third Thursday in March yearly, in manner as aforesaid, next after such death or resignation, and at no other meeting of the said corporation, into the room or place of such person or persons so dead or so resigning, elect and choose one or more such person
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or persons, being members of the said corporation as to them shall seem meet. And our will is, that all and every the person or persons which shall from time to time hereafter be elected common council men of the said corporation as afore- said, do and shall before he or they act as common council men of the said corporation, take an oath for the faithful and due execution of their office, which oath the president of the said corporation for the time being is hereby authorized and required to administer to.such person or persons elected as aforesaid. And our will and pleasure is, that the first president of the said corporation is and shall be our trusty and well beloved the said John Lord Viscount Percival, and that the said president shall, within thirty days after the passing this charter, cause a sum- mons to be issued to the several members of the said corpora- tion herein particularly named, to meet at such time and place as he shall appoint, to consult about and transact the business of the said corporation. And our will and pleasure is, and we, by these presents, for us, our heirs and successors, grant, ordain, and direct that the common council of this corporation shall consist of fifteen in number, and we do, by these presents, nominate, constitute, and appoint our right trusty, and well beloved John Lord Viscount Percival, our trusty and beloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Laroche, James Vernon, William Beletha, Esqrs., and Stephen Hales, master of arts, to be the common council of the said corporation, to continue in said office during their good behavior. And whereas it is our royal intention that the members of the said corporation should be increased by election as soon as conveniently may be, to a greater number than is hereby nominated. Our further will and pleasure is, and we do hereby, for us, our heirs, and successors, ordain and direct that from the time of such increase of the members of the said corporation, the number of the common council shall be increased to twenty-four, and that the same assembly at which such additional members of the said corpora- tion shall be chosen, there shall likewise be elected in the manner herein before directed for the election of common council men, nine persons to be the said common council men, and to make up the number twenty-four. And our further will and pleasure is, that our trusty and well beloved Edward
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Digby, Esq., shall be the first chairman of the common council of the said corporation, and that the said Lord Viscount Percival shall be and continue president of the said corporation, and that the said Edward Digby shall be and continue chairman of the common council of the said corporation, or of the common council of the said corporation, respectively, until the meeting which shall be had next and immediately after the first meeting of the said corporation respectively, and no longer, at which said second meeting, and every other subsequent and future meeting of the said corporation, or of the common council of the said corporation respectively, in order to preserve an indifferent rotation of the several officers of president of the corporation, and of chairman of the common council of the said corporation. We do direct and ordain, that all and every the person and persons members of the said common council for the time being, and no other, being present at such meetings shall severally and respectively in their turns preside at the meetings which shall from time to time be held of the said corporation, or of the common council of the said corporation respectively. And in case any doubt or question shall at any time arise touching or concerning the right of any member of the said common council to preside at any meeting of the said corporation, or at the common council of the said corporation, the same shall respectively be deter- mined by the major part of the said corporation, or of the common council of the said corporation respectively, who shall be present at such meeting. Provided always, that no mem- ber of the said common council having served in the offices of president of the said corporation, or of chairman of the common council of the said corporation, shall be capable of being or of serving as president or chairman at any meeting of the said corporation or common council of the said corporation, next and immediately ensuing that in which he so served as president of the said corporation, or chairman of the said common council of the said corporation respectively, unless it shall so happen that at any such meeting of the said corporation there shall not be any other member of the said common council present. And our will and pleasure is, that at all and every of the meet- ings of the said corporation, or of the common council of the said corporation, the president or chairman for the time being,
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shall have a voice, and shall vote, and shall act as a member of the said corporation, or of the common council of the said corporation, at such meeting, and in case of any equality of votes, the said president or chairman for the time being shall have a lasting vote. And our further will and pleasure is, that no president of the said corporation, or chairman of the common council of the said corporation, or member of the said common council or corporation, by us by these presents appointed, or hereafter, from time to time to be elected and appointed in manner aforesaid, shall have, take or receive, directly or indirectly, any salary, fee, perquisite, benefit or profit whatsoever, for or by reason of his or their serving the said corporation or common council of the said corporation, or president, chairman, or common council man, or as being a member of the said corporation. And our will and pleasure is, that the said herein before appointed president, chairman, or common council men, before he and they act respectively as such, shall severally take an oath for the faithful and due . execution of their trust, to be administered to the president by the chief baron of our court of exchequer, for the time being, and by the president of the said corporation to the rest of the common council, who are hereby authorized severally and respectively to administer the same. And our will and pleasure is, that all and every person and persons who shall have in his or their own name or names, or in the name or names of any person or persons in trust for him or them, or for his or their benefit, any office, place, or employment of profit, under - the said corporation, shall be incapable of being elected a member of the said corporation, and if any member of the said corporation during such time as he shall continue a member thereof, shall in his own name, or in the name of any person or persons in trust for him, or for his benefit, have, hold, exercise, accept, possess, or enjoy any office, place, or employment of profit under the said corporation, or under the common council of the said corporation, such member shall from the time of his having, holding, exercising, accepting, possessing, and enjoying such office, place, and employment of profit, cease to be a member of the said corporation. And we do, for us, our heirs and successors, grant unto the said corporation and their successors, that they and their successors,
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or the major part of such of them as shall be present at any meeting of the said corporation, convened and assembled for that purpose by a convenient notice thereof, shall have power from time to time, and at all times hereafter, to authorize and appoint such persons as they shall think fit, to take subscrip- tions, and to gather and collect such moneys as shall be by any person or persons contributed for the purposes aforesaid, and shall and may revoke and make void such authorities and ap- pointments as often as they shall see cause so to do. And we hereby, for us, our heirs, and successors, ordain and direct, that the said corporation every year lay an account in writing before the chancellor, or speaker, or commissioners for the custody of the great seal of Great Britian, of us, our heirs and successors, the chief justice of the Court of Kings-Bench, the master of the rolls, the chief justice of the Court of Common Pleas, and the chief baron of the Exchequer, of us, our heirs and successors, for the time being, or any two of them, of all moneys and effects by them received or expended for the carry- ing on the good purposes aforesaid. And we do hereby, for us, our heirs and successors, give and grant unto the said corpora- tion and their successors, full power and authority to consti- tute, ordain, and make such and so many by-laws, constitu- tions, orders and ordinances, as to them or the greater part of them, at their general meeting for that purpose, shall seem necessary and convenient for the well ordering and governing of the said corporation, and the said by-laws, constitutions, orders, and ordinances, or any of them, to alter and annul as they or the major part of them then present · shall see requisite, and in and by such by-laws, rules, orders, and ordinances, to set, impose, and inflict reasonable pains and penalties upon any offender or offenders who shall transgress, break or violate the said by-laws, consti- tutions, orders and ordinances, so made as aforesaid, and to mitigate the same as they or the major part of them then present shall think convenient ; which said pains and penalties shall and may be levied, sued for, taken, retained, and recovered by the said corporation and their successors, by their officers and servants from time to time to be appointed for that pur- pose, by action of debt, or by any other lawful ways or means, to the use and behoof of the said corporation and their succes-
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sors ; all and singular which by-laws, constitutions, orders. and ordinances, so as aforesaid to be made, we will, shall be duly observed and kept, under the pains and penalties therein to be contained, so always, as the said by-laws, constitutions, orders and ordinances, pains and penalties, from time to time to be made and imposed, be reasonable, and not contrary or repug- nant to the laws or statutes of this our realm; and that such by-laws, constitutions and ordinances, pains and penalties, from time to time to be made and imposed ; and any repeal or alteration thereof, or any of them be likewise agreed to, be established and confirmed by the said general meeting of the said corporation, to be held and kept next after the same shall . be respectively made. And whereas the said corporation intend to settle a colony, and to make an habitation and planta- tion in that part of our province of South Carolina, in America, hereinafter described ; know ye, that we, greatly desiring the happy success of the said corporation, for their further encour- agement in accomplishing so excellent a work, have, of our foresaid grace, certain knowledge, and mere motion, given and granted, and by these presents, for us, our heirs and succes- sors, do give and grant to the said corporation and their successors, under the reservation, limitation and declaration hereafter expressed, seven undivided parts, the whole in eight equal parts to be divided, of all those lands, countries and territories situate, lying and being in that part of South Caro- lina, in America, which lies from the most northern part of a stream or river there, commonly called the Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called the Alatamaha, and westerly from the heads of the said rivers respectively in direct lines to the South Seas ; and all that share, circuit, and precinct of land within the said boundaries, with the islands on the sea lying opposite to the eastern coast of the said lands, within twenty leagues of the same, which are not inhabited already, or settled by any authority derived from the crown of Great Britain, together with all the soils, grounds, havens, ports, gulfs, and bays, mines, as well royal mines of gold and silver as other minerals, precious stones, quarries, woods, rivers, waters, fishings, as well royal fishings of whale and sturgeon as other fishings, pearls, commodities, jurisdictions,
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royalties, franchises, privileges and preëminencies within the said frontiers and precincts thereof, and thereunto in any sort belonging or appertaining, and which we by our letters patent may or can grant; and in as ample manner and sort as we may, or any our royal progenitors have hitherto granted to any company, body, politic or corporate, or to any adventurer or adventurers, undertaker or undertakers of any discoveries, plantations or traffic of, in, or unto, any foreign parts whatso- ever, and in as legal and ample manner as if the same were herein particularly mentioned and expressed : To have, hold, possess and enjoy the said seven undivided parts, the whole into eight equal parts to be divided as aforesaid, of all and singular the lands, countries, and territories, with all and singular other the premises herein before by these presents granted, or mentioned or intended to be granted to them the said corporation and their successors, for ever, for the better support of the said colony ; to be holden of us, our heirs and successors, as of our honor of Hampton Court, in our county of Middlesex, in free and common soccage, and not in capite ; yielding and paying therefor to us, our heirs and successors, yearly for ever, the sum of four 'shillings for every hundred acres of the said lands which the said corporation shall grant, demise, plant or settle ; the said payment not to commence or to be made until ten years after such grant, demise, planting or settling, and to be answered and paid to us, our heirs and successors, in such manner, and in such species of money or notes as shall be current in payment by proclamation from time to time in our said Province of South Carolina; all which lands, countries, territories' and premises hereby granted, or mentioned and intended to be granted, we do, by these pres- ents, make, erect and create, one independant and separate province by the name of Georgia, by which name, we will, the same henceforth be called ; and that all and every person or persons who shall at any time hereafter inhabit or reside within our said Province, shall be and are hereby declared to be free, and shall not be subject to or be bound to obey any laws, orders, statutes, or constitutions which have been here- tofore made, ordered, and enacted, or which hereafter shall be made, ordered, or enacted by, for or as the laws, orders, statues, or constitutions of our said Province of South Carolina
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