USA > Georgia > A true and historical narrative of the colony of Georgia, in America, from the first settlement thereof until this present period > Part 7
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' such and such persons and families. I wish it were possible 'to draw a veil over the tragic. scene! But, sir, our case is · more clamant than a thousand tongues, and will reach the ' ears and pierce the heart of every true Briton. If such the ' effects of delay, what will the total dissolution of the colony ' produce ? Such a body of miserable people, orphans, and ' suppliants will be heard by the justice of the nation, and if it ' shall appear that the too positively adhering to an impracti- ' cable scheme, and the refusing those obvious means that ' would answer the proposed end, or withholding those just ' rights which we are entitled to, have been the cause, we ' should have right to recover damages from the authors of our ' miseries. In all places where settlements were attempted by 'the English, and found untenable, the settlers were taken ' home upon public charge, their losses recompensed, and they 'made otherwise useful to the community ; while we are ' neither allowed to do for ourselves here or elsewhere.
' As to the second point, how the nation would be affected by ' it, it is first obvious that all the noble ends and advantages they 'proposed are lost, and sums of money expended to no purpose ' but to inform the French and Spaniards of the importance of ' a pass which they would not fail to possess. It were impos- ' sible to make a second settlement upon the present plan, and ' if it is to be altered in the favors of others, why not of us ' who have risked and spent our all in the adventure ? How ' the trustees may be affected by it in all respects, I shall not 'say ; a parliamentary enquiry into their management, I no ' ways question but they could entirely satisfy ; but all good ' men will regret that so honorable a body should lose that ' glory and fame which the prosperous success of the colony ' would have crowned them with. I have formerly asserted ' that only the flourishing state of the colony can support the 'military, and indeed, without a colony, it were easier to ' maintain a garrison in Tangier on the coast of Africa, than in ' the south of Georgia. One regiment would little suffice to ' withstand the enemy ; and yet so small an handful may be 'reduced to discontent, straits, and wants, notwithstanding all ' the bounty of a king or prudence of a general. As to the ' Indians, what could we expect less than being scorned and 'despised ; that they should immediately fall in with the .
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' tempting proffers of the French and Spaniards, and so Great ' Britain be cut off from that valuable branch of the Indian ' trade ? For how indeed could they expect execution of ' treaties or protection from people who, without the force of ' any enemy, could not preserve their own schemes of govern- ' ment from falling to pieces? How the tragedy must affect ' your excellency would be presumption in me to determine. ' I only know that to see those you honor with the name of 'children, in want and misery ; that settlement that should ' have perpetuated your name to posterity with the greatest ' honor, become the foil of all your great undertakings, and ' the expectations of all the world, from your promising endeav- 'vors, setting in a cloud and obscurity, must affect, your ' excellency in a way suitable to your humane and generous ' disposition.
' Sir, we still honor, love, and respect you, whatever low, ' selfish-minded persons, the bane of society, may surmise to ' the contrary, and will continue to do so while we can have any ' hopes of your pursuing measures consistent with our prosperity. ' But, sir, smiles cannot be expected amidst disappointments ' and wants, and there is no altering the course of nature. Love ' and gratitude are the tribute of favors and protection, and ' resentment the consequence of injuries received ; and in dis- 'appointments of this nature, much more reasonably than in ' those of love, do the contrary passions take place in the same ' degree. What then remains, but that you embrace those ' obvious measures that will retrieve our desperate affairs ; ' restore to us, in Mr. Oglethorpe, our father and protector, ' whose honor and affection were depended upon ; secure to ' yourself a society that loves and honors you, and who will ' always be ready to sacrifice both life and fortune to your honor 'and protection and your name with blessings will be perpetu- 'ated. If in this I have, by a sincere and well-meant freedom, ‘given offense, I heartily ask pardon ; none was intended. ' And I only request, that, while truth keeps the stage, the 'author may be allowed to remain incog. behind the scenes.
I am, sir, your, etc.,
THE PLAIN-DEALER.
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This year there was promised a bounty of two shillings sterling on every bushel of corn, and one shilling on every bushel of peas and potatoes 'raised in the county of Savanah. This induced some to plant, but they were miserably deceived, for few or none of them ever received their full bounty, and not many any part thereof, although if they had received it twice over it could not have answered the end. People being thus, by a chain of disappointments and miseries, most of them rendered incapable to subsist, and toward the end of summer, beginning to dispair of having any favorable answer to their representation or hopes of redress, left the colony faster than ever ; and when the answer, or rather denial, came over, they went in such numbers that the whole province of South Caro- lina was overspread with them, and in and about the town of Charles-town alone, this autumn, above fifty Georgians died in misery and want, most of whom were buried at the public charge.
In September a printed paper entitled, " An answer to the Representation, etc.," was sent over and arrived at Savannah, and of which this is an exact copy.
" The answer of the Trustees for establishing the colony of Georgia
' in America, to the representation from the inhabitants of
' Savannah the 9th day of December, 1738, for altering the
' tenure of the lands and introducing negroes into Georgia.
' To the magistrates of the town of Savannah, in the province of ' Georgia.
"THE trustees for establishing the colony of Georgia in ' America, have received by the hands of Mr. Benjamin ' Ball, of London, merchant, an attested copy of a representa- 'tion, signed by you the magistrates, and many of the inhabi- ' tants of Savannah, on the 9th of December last, for altering 'the tenure of the lands and introducing negroes into the ' province, transmitted from thence by Mr. Robert Williams.
' The trustees are not surprised to find unwary people ' drawn in by crafty men to join in a design of extorting by ' clamor from the trustees an alteration in the fundamental 'laws, framed for the preservation of the people from those ' very designs.
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' But the trustees cannot but express their astonishment ' that you, the magistrates, appointed by them to be guardians ' of the people by putting those laws in execution should so far ' forget your duty as to put yourselves at the head of this ' attempt.
' However, they direct you to give the complainants this ' answer from the trustees, that they should deem themselves ' very unfit for the trust reposed in them by his majesty on 'their behalf, if they could be prevailed upon by such an ' irrational attempt to give up a constitution framed with the ' greatest caution for the preservation of liberty and property ; 'and of which the laws against the use of slaves and for the 'entail of lands are the surest foundations.
' And the trustees are the more confirmed in their opinion 'of the unreasonableness of this demand that they have ' received petitions from the Darien and other parts of the pro- ' vince, representing the inconvenience and danger which must ' arise to the good people of the province from the introduction ' of negroes. And as the trustees themselves are fully con- ' vinced that besides the hazard attending that introduction it ' would destroy all industry among the white inhabitants; and ' that by giving them a power to alien their lands the colony ' would soon be too like its neighbors, void of white inhabitants, ' filled with blacks, and reduced to be the precarious property ' of a few, equally exposed to domestic treachery and foreign 'invasion ; and therefore the trustees cannot be supposed to ' be in any disposition of granting this request ; and if they ' have not before this signified their dislike of it this delay is to ' be imputed to no other motives but the hopes they had con- ' ceived that time and experience would bring the complainants ' to a better mind. And the trustees readily join issue with ' them in their appeal to posterity, who shall judge between ' them who were their best friends ; those who endeavored to ' preserve for them a property in .their lands by tying up the ' hands of their unthrifty progenitors ; or they who wanted a ' power to mortgage or alien them. Who were the best friends ' to the colony, those who with great labor and cost had endeav- , ored to form a colony of his majesty's subjects and persecuted ' Protestants from other parts of Europe, had placed them on a ' fruitful soil, and strove to secure them in their possessions by
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' those arts which naturally tend to keep the colony full of ' useful and industrious people, capable both to cultivate 'and defend it; or those, who, to gratify the greedy and ' ambitious views of a few negro merchants, would put it into ' their power to become sole owners of the province by intro- ' ducing their baneful commodity, which, it is well known by ' sad experience, has brought our neighbor colonies to the brink ' of ruin by driving out their white inhabitants, who were their ' glory and strength, to make room for black, who are now ' become the terror of their unadvised masters.
' Signed by order of the trustees, this twentieth day of ' June, 1739.
'BENJ. MARTYN, 'Secretary."
We shall not in this place detain the reader to show the absurdity and insufficiency of the reasons made use of in the above paper, or how improperly it is called an answer to the representatives, but refer them to the whole tenor of this nar- rative. With this paper came over new commissions for magistrates; viz., Messrs. Thomas Christie, first; John Fal- lowfield, second, and Thomas Jones, third, bailiffs; and Mr. William Williamson, recorder ; and, as if the inhabitants had not been sufficiently punished before by the arbitrary govern- ment of Causton, the two offices of storekeeper and magistrate were again joined in one person, which infallibly renders him (whoever he is) absolute in Savannah; and indeed, if the miseries and hardships of the people could have received any addition, they must have done so from the person appointed to execute those offices ; namely, Mr. Thomas Jones, third bailiff, as before mentioned, who surpassed Mr. Causton in everything that was bad, without having any one of his good qualifi- cations ; and, that he might the more easily govern at pleasure, Mr. Oglethorpe thought proper to supersede the commissions of Messrs. Thomas Christie and William Williamson, and con- tinued Mr. Henry Parker as first magistrate, being sure he was a person that would always be in the interest of whoever was
· storekeeper, and having no other magistrate to cope with but · Mr. Fallowfield, they were certain of overruling him, though his sentiments were never so just; and when the General
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heard that some people justly complained that the' trustees' commissions were of none effect, he threatened an armed force if they refused to comply.
William Stephens, Esq., Messrs. Thomas Christie, and Thomas Jones were likewise appointed to inspect into Caus- ton's accounts, but Christie was altogether rejected by the other two; nor did they ever do anything to the purpose, indeed, Jones would sometimes hector and domineer over Causton, in as haughty a manner as ever he had formerly done over the meanest person in Savannah.
Although the trustees say in their answer to the represen- tation, that they should think themselves very unfit for the trust reposed in them should they, by an irrational attempt, alter the entail of lands, yet not one month after we had received the aforesaid answer, over comes the following paper ; viz.,
" The resolutions of the Trustees for establishing the Colony of ' Georgia in America, in Common Council assembled this ' twenty-eighth day of August, in the year of our Lord 1739; ' relating to the Grants and Tenure of Lands within the ' said Colony.
W HEREAS, the common council of the said trustees, as- ' sembled for that purpose, in the name of the corpora- ' tion of the said trustees, and under their common seal, have, in ' pursuance of his majesty's most gracious letters patent, and 'in execution of the trusts thereby reposed in them, granted 'and conveyed divers portions of the lands, tenements, and ' hereditaments, in the said letters patent mentioned, to many ' of his majesty's loving subjects, natural born, and denizens, ' and others willing to become his subjects and to live under ' allegiance to his majesty in the said colony, to hold to them ' respectively, and to the heirs male of their respective bodies, ' lawfully begotten, or to be begotten, under the several rents, 'reservations, conditions, and provisos therein contained; and 'whereas, it hath been represented to the said trustees that ' many of the persons to whom such grants have been made ' have no issue male of their respective bodies, and that an 'alteration in the grants and tenure of the said lands upon
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· failure of such issue, and likewise a known certain provision "' for the widows of tenants in tail male, would not only en- ' courage all such persons cheerfully to go on with their several ' improvements, but also be an inducement and means of invit- ' ing divers other persons to resort to and settle in said colony, ' and greatly tend to the cultivation of the lands, the increase ' of the people, and the defence, strength, and security of the ' said colony, which the said trustees most earnestly desire to ' promote as far as in them lies. It is therefore this day unani- ' mously resolved by the common council of the said corpora- ' tion, assembled for that purpose, that the grants of lands or ' tenements within the said colony heretofore made and here- ' after to be made by the said trustees to any person or persons ' whatsoever, shall be altered, made, and established in manner ' and form following, that is to say, that
' If tenants in tail male of lands or tenements in the said ' colony not having done or suffered any act, matter, or thing ' whereby his estate therein may be forfeited or determined, ' shall happen to die, leaving a widow and one or more child or ' children, that then, and in such case, the widow of such tenant ' shall hold and enjoy the dwelling house and garden (if any ' such there be), and one moiety of such lands and tenements ' for and during the term of her life ; the said moiety to be set 'out and divided, in case the parties interested therein do not 'agree within the space of three months, by the magistrates of ' the town court in Georgia nearest thereunto, or any one of. ' them. And in case such division be made by one of such ' magistrates only, then any person or persons finding him, her, ' or themselves aggrieved thereby, may, within the space of ' three months, appeal to the other three magistrates of the ' said town court, whose determination thereof shall be final. ' And if such tenant shall happen to die, leaving only a widow ' and no child or children, then that such widow shall hold and ' enjoy the said dwelling house, garden, and all such lands and ' tenements for, and during the term of her life. And in case ' the widow of any such tenant, whether he die without issue ' by her or not; shall marry again after his decease, then such · ' person to whom she shall be so married shall, within the space ' of twelve months after such marriage, give security to the said ' trustees and their successors, whether personal, or otherwise,
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'agreeable to such instructions as shall be given by the common ' council of the said trustees, for maintaining and keeping in ' repair, during such marriage, the said dwelling house, garden, 'and other. the premises to which she shall be so entitled in ' right of her former husband ; and if such security shall not ' be given in manner aforesaid within the space of twelve ' months after such marriage, that then, and in such case, the ' provision hereby made, or intended to be made for the benefit ' of such widow, shall cease, determine, and be absolutely void ' to all intents and purposes, and the said dwelling house, and ' garden, and all and singular the premises, shall be and enure ' to such child or children, or to such other person or persons ' who would be entitled to the same, in case the said widow was ' naturally dead.
'And if tenant in tail male of lands or tenements in the said ' colony, not having done or suffered any act, matter, or thing ‘ whereby his or her estate therein may be forfeited or deter- ' mined, shall happen to die, leaving one or more daughter or ' daughters, and no issue male, then that such lands and tene- ' ments, if not exceeding eighty acres, shall be holden in tail ' male by any one of the daughters of such tenant ; and if ' exceeding eighty acres, by any one or more of the daughters ' of such tenant in tail male, as such tenant shall by his or her ' last will and testament in writing duly executed in the presence 'of three or more credible witnesses, direct and appoint ; and ' in default of such direction or appointment, then that such ' lands and tenements shall be holden in tail male by the eldest ' of such daughters, and in default of issue male and female, ' either born in the lifetime of such tenant in tail male, or within ' nine months after his decease, then that. such lands and tene- 'ments, if not exceeding eighty acres, shall be holden in tail ' male by any one such person, and if exceeding eighty acres, ' by any one or more such person or persons, as such tenant ' in tail male by his or her last will and testament in writings ' executed as aforesaid, shall direct and appoint, and in default ' of such direction or appointment, then that such lands and ' tenements shall be holden in tail male by the heir at law of 'such tenant, subject nevertheless, in all and every the said ' cases, to such right of the widow ( if any ) as aforesaid, ' provided that such daughter or daughters and all and every
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· ' such-person or persons so entitled to hold and enjoy any such ' lands and tenements do, within the space of twelve months ' after the death of such tenant, personally appear, if residing ' in America, and claim the same in any of the town courts in ' Georgia, and if residing out of America, then within the space ' of eighteen months next after the death of such tenant. And ‘ provided also, that no such devise or appointment shall be ' made by. any such tenant of lands exceeding eighty acres ' in any lesser or smaller portion or parcel than fifty acres to ' any one daughter, or other person. And that no daughter or ' other person shall be capable of enjoying any devise which 'may thereby increase his or her former possession of lands ' within the said colony to more than five hundred acres, but ' such devise to be void, and the lands thereby given, to descend ' in such manner as if no such devise had been made. And in ' default of such appearance and claim as aforesaid, that all and ' singular the said lands and tenements shall be and remain to ' the said trustees and their successors forever. Provided also, ' that all and every such estates hereby created or intended to ' be created, shall be subject and liable to the several rents, ' reservations, provisos, and conditions as in the original grants ' thereof are particularly mentioned and contained, save and ' except so much thereof as is hereby altered, or intended to be ' altered, in case of failure of issue male, and the provision ' hereby made, or intended to be made, for widows.
' And that in every grant hereafter to be made by the said ' trustees or their successors, of any lands or tenements in the ' said colony, all and every grantee therein named, not doing ' or suffering any act, matter, or thing whereby his or her estate ' therein may be forfeited or determined, shall have good right, ' full power, and lawful authority to give and devise the same ' by his or her last will and testament in writing, duly executed ' in the presence of three or more credible witnesses, in manner ' and form following, that is to say, every grantee of lands ' not exceeding eighty acres, to any one son or any one daughter ' in tail male, and every grantee of lands exceeding eighty 'acres, the whole, or any part thereof, but not in lesser lots or ' portions than fifty acres to any one devisee, to his or her son ' or sons, daughter or daughters, in tail male, and in default of ' such devise as aforesaid, then that such lands and tenements
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' shall descend to the eldest son in tail male ; and in default of ' issue male, to the eldest daughter in tail male, and in default ' of issue male and female, then that such lands and tenements · 'shall be holden in tail male, if not exceeding eighty acres, by 'any one such person, and if exceeding eighty acres, by any 'one or more such person or persons, but not in any smaller ' lot or portion than fifty acres to any one person as such grantee ' shall by his or her last will and testament in writing, executed ' as aforesaid, direct and appoint, and in default of such direc- ' tion or appointment, then that such lands and tenements shall ' be holden in tail male by the heir-at-law by such grantee, 'subject, nevertheless, to such right of the widow ( if any ) ' as aforesaid, provided, always, that no son, daughter or other ' person shall be capable of enjoying any devise which may ' thereby increase his or her former possession of land within ' the said colony to more than five hundred acres ; but such ' devise to be void, and the lands thereby given to descend in ' such manner as if no such devise had been made. Provided ' also, that such son or sons, daughter or daughters, and all and ' every such person or persons entitled to hold and enjoy any 'such lands and tenements, do, within the space of twelve ' months after the death of such grantee, or of those under ' whom they claim, personally appear, if residing in America, ' and claim the same in any of the town courts in Georgia, and ' if residing out of America, then within the space of eighteen ‘ months next after such death, and in default of such appear- 'ance and claim as aforesaid, that all and singular the said ' lands and tenements shall be and remain to the said trustees 'and their successors forever. And provided, also, that. all ' and every such estates shall be subject and liable to the like ' rents, reservations, provisos, and conditions as in the former ' grants of lands heretofore made, save and except so much ' thereof as is hereby altered, or intended to be altered, upon ' the failure of issue male.
' And it is hereby required that public notice of these reso- ' lutions be forthwith given by the magistrates of the respective ' town courts in Georgia, and also by the secretary of the said ' trustees in London, that all and every the grantees of lands 'or tenements within the said colony may enter their respective ' claims either at the Georgia office, near Old Palace Yard in
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· Westminster, or in any of the town courts in Georgia, within ' the space of twelve months from the date hereof, to the end ' that they may receive the benefits hereby intended, and that ' proper grants and conveyances in the law may be forthwith · prepared and executed for that purpose. And it is hereby ' expressly declared that no fee or reward shall be taken for ' the entering of any such claim, directly or indirectly, by any · person or persons whatsoever.
' Signed by order of the said Common Council.
' BENJAMIN MARTYN, Secretary."
We believe this paper will perplex most people who have not thoroughly studied the law, to make sense of it, and as there were no lawyers in Georgia, it would seem as if it had been sent over with no other end than that it should not be understood, and indeed it rather tended to add. to the confusions in the colony than to promote the benefit of it. We can only assure the reader that it had no good effect in Georgia, and that it was kept up there as much as possible from the people, only a fictitious abridgment thereof with the same title and the same way signed, being publicly exhibited in writing ; but this was a needless caution, for not one in twenty of them would have understood any one paragraph of it. In October, 1739, the General issues out his proclamation for granting letters of marque and reprisals, and the inhabitants being called together in the court house, he there makes them a very elaborate speech, and, amongst other things, tells them that he was designed against St. Augustine, and if he did not take it, he would leave his bones before the walls thereof ; but he is now at Frederica, and, as we have too much reason to believe, this . castle is still in the hands of the Spaniards. A little after this we had another instance how much our benefactors had our interest and welfare at heart, for at this time it was given out that all the cattle that were unmarked belonged to the trustees as lords of the manor, and orders were given that they should he marked accordingly, but people strenously insisting to the contrary, the design was dropped for that time. On the fourth of November Mr. Oglethorpe departed from Savannah, and he now seems to have entirely forgot it, and it is certain that ever since the affair of the representation, according to his own
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