USA > Georgia > The history of Georgia, Volume I > Part 10
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"No modern nation," says Grahame,1 " has ever enacted or inflicted greater legal severities upon insolvent debtors than Eng- land. That jealous regard for liberty and national honor, and that generous and extended concern for the rights of human na- ture which the English have always claimed as distinguishing
1 History of the United States of North America, vol. iii. p. 179. London. 1836.
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OGLETHORPE'S PHILANTHROPY.
features of their character, had proved unable to withstand the most sordid and inhuman suggestions of commercial ambition. For the enlargement of their commerce they sanctioned the atrocities of the slave-trade, and for the encouragement of that ready credit by which commercial enterprise is promoted, they armed the creditors of insolvent debtors with vindictive powers, by the exercise of which free-born Englishmen, unconvicted of crime, were frequently subjected, in the metropolis of Britain, to a thraldom as vile and afflicting as the bondage of negro slaves in the West Indies. So long was it before English sense and humanity were fully awakened to the guilt and mischief of this barbarous legal system, and its still more barbarous administra- tion, that till a late period of the eighteenth century misfortunes in trade exposed an Englishman to a punishment more dreadful than the public feeling of England in the nineteenth century would suffer to be inflicted on the most infamous and detestable offenders."
Mr. Oglethorpe, the philanthropist, - whose " strong benevo- lence of soul" is eulogized by Pope, - was chairman of the com- mittee raised by the House of Commons to visit the prisons, ex- amine into the condition of the inmates, and suggest measures of reform. In three reports did that committee, in commenting upon the miserable national grievance, instance cases of suffer- ing, injustice, and mismanagement, too painful and loathsome for repetition. Oglethorpe's public-spirited and charitable design prevailed, and measures were adopted for the punishment of the offending wardens, the alleviation of the sufferings of the inear- cerated, and the purification of the prisons.
The idea occurred to him, while engaged in this philanthropie business, that not a few of these unfortunate individuals, con- fined for debt, of respectable connections and guilty of no crime, might be greatly benefited by compromising the claims held by their creditors upon condition that they would consent to become colonists in America. Thus would opportunity be afforded them of retrieving their fortunes. Thus would England be relieved of the shame and expense of their incarceration, and thus would her dominion in the New World be confirmed. Let us not mis- understand the project. Not the depraved who were suffering confinement as a punishment for crime ; not felons who awaited the approach of darker days when graver sentences were to be endured ; not the dishonest, who hoped by submitting to tem- porary imprisonment to weary out creditors and emerge with
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THE HISTORY OF GEORGIA.
fraudulently-acquired gains still concealed ; but the honestly un- fortunate were to be the beneficiaries of this benevolent and pa- triotic scheme. Those also in the United Kingdom who, through want of occupation and lack of means, were most exposed to the liability of confinement for debt were to be influenced in behalf of the contemplated colonization. It was believed that others, possessing some means, who were energetic and ambitious of pre- ferment, could be enlisted in aid of the enterprise.
The anxiety of the Carolinians for the establishment of a plantation to the south which would serve as a shield against the incursions of the Spaniards, the attacks of the Indians, and the depredations of fugitive slaves ; the memorial of Colonel Purry, addressed to the Duke of Newcastle, advocating Swiss colonization ; the scheme of Sir Robert Mountgomery for the foundation of the Margravate of Azilia and the attraction of Scotch emigration, and suggestions of a similar character, while they drew Oglethorpe's attention to the lands lying between the Savannah and the Alatamaha rivers as a suitable territory for the location of his purposed colony, also warned him of funda- mental errors to be avoided in his plan of settlement. The idea grew upon him until his scheme, expanding, embraced within its benevolent designs not only the unfortunate of Great Britain, but the persecuted and oppressed Protestants of Europe. Charity for and relief of human distress were to be inscribed upon the foundations of the dwellings he proposed to erect amid the South- ern forests. Their walls were to be advanced bulwarks for the protection of the Carolina plantations, and their aspiring roofs were to proclaim the enlarged honor and dominion of the British nation. With Oglethorpe, in this whole affair, there lingered no hope of personal gain, no ambition of a sordid character, no secret reservation of private benefit. His entire project was open, disinterested, charitable, loyal, and patriotic. Thus was it recognized by all. Such was its distinguishing peculiarity, and Mr. Southey did but echo the general sentiment when he af- firmed that no colony was ever established upon principles more honorable to its projectors.
As the accomplishment of his purpose demanded a larger ex- penditure than his means justified, and as the administration of the affairs of the plantation would involve "a broader basis of managing power " than a single individual could well maintain, Oglethorpe sought and obtained the cooperation of wealthy and influential personages in the development of his beneficent enter- prise.
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CHARTER OF THE COLONY OF GEORGIA.
In order that proper authority and royal sanction might be secured, in association with Lord Percival and other noblemen and gentlemen of repute, he addressed a memorial to the Privy Council in which, among other things, it was stated that the cities of London and Westminster and the parts adjacent thereto abounded with indigent persons, so reduced in circumstances as to become burdensome to the public, who would willingly seek a livelihood in any of his majesty's plantations in America if they were provided with transportation and the means of settling there. The petitioners engaged in behalf of themselves and their associates to take charge of the colonization and to erect the plantation into a proprietary government, if the Crown would be pleased to grant them lands lying south of the Savannah River, empower them to receive and administer all contributions and benefactions which they might influence in encouragement of so good a design, and clothe them with authority suitable for the enforcement of law and order within the limits of the province. After the usual reference, this petition received a favorable re- port, and by his majesty's direction a charter was prepared, which received the royal sanction on the 9th of June, 1732.
The features, grants, and privileges of this charter may be thus epitomized : -
As inducements to this exercise of his royal prerogatives, his majesty King George II. declares he has been credibly informed that many of his poor subjects, through misfortune or want of employment being unable to provide a maintenance for them- selves and families, would, if the charges of passage and the ex- penses incident to new settlements were defrayed, be glad to settle in the American provinces where, by cultivating lands at present waste and desolate, they could not only gain a comfort- able subsistence for themselves and families, but also strengthen the colonies and increase the trade, navigation, and wealth of the British nation.
Alluding to the fact that his provinces in North America had been frequently ravaged by Indian enemies ; that South Caro- lina in a late war had been devastated by the fire and sword of neighboring savages and a great number of the inhabitants mas- sacred ; that his subjects still resident therein were exposed to like calamities by reason of the fewness of their numbers and from the circumstance that the entire southern frontier of that province remained unsettled and open to the inroads of the In- dians ; deeming it highly necessary that protection should be
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THE HISTORY OF GEORGIA.
afforded ; believing that the establishment of a colony in the southern territory would materially conduce to the safety of Car- olina and the relief of her inhabitants ; and being well assured, if the Crown would be graciously pleased to erect and settle a corporation for receiving, managing, and disposing of the contri- butions of loving subjects, that various persons would assist in the enterprise, his majesty willed, ordained, constituted, declared, and granted, " 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 man- ner hereinafter directed, shall be one body politic and corporate in deed and in name, by the name of The Trustees for establish- ing the Colony of Georgia in America."
The corporation, thus constituted, was vested with perpetual succession, and declared capable in law of purchasing, receiving, and enjoying in fee all lands, hereditaments, and franchises which it might acquire, and all personal property requisite for settling and maintaining the colony. Powers of gift, grant, lease, and demise were conferred. The right to sue and be sued, to have and use a common seal, to appoint a common coun- cil of the corporation, and to hold meetings from time to time and at such place or places as might be deemed convenient for the transaction of the business of the corporation, was fully ac- corded. The third Thursday in March in each year was desig- nated for the election of members of the corporation and for - filling any vacancies which might occur in the organization.
All persons elected members of the common council, before en- tering upon their office, were required to take an oath for the due and faithful execution of the duties appertaining to the posi- tion. This oath the president was to administer.
Lord John, Viscount Percival, was designated as the first presi- dent of the corporation, and it was made his duty, within thirty days after the grant of the charter, to convene the corporators that they might perfect their organization and enter upon the impor- tant business which lay before them. It was further declared as
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PROVISIONS OF THE CHARTER.
the king's will that the common council of the corporation should consist of fifteen members. In the charter John, Lord Viscount Percival, Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Laroche, James Vernon, William Beletha, Esqrs., and Stephen Hales, Master of Arts, were ap- pointed and constituted the common council of the corporation, to continue in office during good behavior.
An increase, by election, of the number of the corporators be- ing contemplated, provision was made for adding nine additional members to the common council, and Edward Digby was selected as its first chairman. Careful provision was made for rotation in the office both of president of the corporation and of chairman of the common council. These officers, at all meetings, were de- clared competent to vote and to participate in the deliberations.
Both the president of the corporation and the chairman of the common council were expressly forbidden to receive either directly or indirectly any salary, fee, perquisite, benefit, or profit whatsoever by virtue of office or membership. Before entering upon the dis- charge of the duties appertaining to his office the president of the corporation was required to take an oath, to be administered by the Chief Baron of the Exchequer, for the due and faithful exe- cution of the trust devolved upon him. A like oath was to be administered by the president, when inducted into office, to each member of the corporation. Every member was declared inca- pable of holding any position of profit within the gift of the cor- poration.
Permission was granted to solicit and receive subscriptions, and to appoint agents to collect moneys and gifts in aid of the enter- prise.
It was made the duty of the corporation to submit annually, in writing, to the Chancellor or Speaker, or commissioners for the custody of the Great Seal of Great Britain, the Chief Justice of the Court of King's Bench, the Master of the Rolls, the Chief Justice of the Court of Common Pleas, and the Chief Baron of the Exchequer, or any two of them, an account of all moneys and effects received and expended in behalf of the colony. The corpo- ration was invested with ample power to frame and ordain such constitutions, by-laws, orders, and ordinances, to prescribe and impose such reasonable pains and penalties for infractions, and to establish such methods for their enforcement and collection as were not repugnant to the statutes and laws of the realm. The grant of territory was made in the following terms : -
. .. .
w.
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THE HISTORY OF GEORGIA. .
" And whereas the said corporation intend to settle a colony and to make a habitation and plantation 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 encouragement in accomplishing so excellent a work have, of our aforesaid grace, certain knowledge, and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant to the said cor- poration 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, coun- tries, and territories situate, lying, and being in that part of South Carolina, 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 Alata- maha, 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 al- ready 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, royalties, franchises, privileges, and preeminences within the said frontiers and pre- cincts thereof, and thereunto in any sort belonging or appertain- ing, 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 pro- genitors have hitherto granted to any company, body politie or corporate, or to any adventurer or adventurers, undertaker or undertakers of any discoveries, plantations, or traffic of, in, or unto any foreign parts whatsoever, 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 undi- vided parts,1 the whole into eight equal parts to be divided as aforesaid, of all and singular the lands, countries, and territories,
1 We have already seen that the re- purchase from Lord Carteret, Baron of maining undivided eighth part of thister- Hawnes. ritory was acquired by the trustees by
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PROVISIONS OF TIIE CHARTER.
with all and singular other the premises hereinbefore by these presents granted or mentioned, or intended to be granted, to them the said corporation and their successors forever, for the better support of the said Colony ; to be holden of us, our heirs and successors, as of our honour of Hampton Court, in our County of Middlesex, in free and common socage, and not in capite ; yielding and paying therefor to us, our heirs and successors, yearly forever, 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 set- tling, and to be answered and paid to us, our heirs and succes- sors, 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, coun- tries, territories, and premises hereby granted, or mentioned, and intended to be granted, we do by these presents make, erect, and create one independent and separate province by the name of GEORGIA, by which name we will that the same shall hence- forth 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 they hereby are declared to be free, and shall not be subject to, or be bound to obey any laws, orders, statutes, or constitutions which have been heretofore made, or- dered, and enacted, or which hereafter shall be made, ordered, or enacted by, for, or as the laws, orders, statutes, or constitu- tions of our said province of South Carolina (save and except only the command in chief of the militia of our said province of Georgia to our governor, for the time being, of South Carolina, in manner hereafter declared), but shall be subject to and bound to obey such laws, orders, statutes and constitutions as shall from time to time be made, ordered, and enacted for the better gov- ernment of the said province of Georgia in the manner herein- after declared. And we do hereby, for us, our heirs and snc- cessors, ordain, will, and establish that for and during the term of twenty-one years, to commence from the date of these our let- ters patent, the said corporation assembled for that purpose shall and may form and prepare laws, statutes, and ordinances fit and necessary for and concerning the government of the said colony, and not repugnant to the laws and statutes of England, and the same shall and may present, under their common seal, to us, our heirs and successors, in our or their Privy Council for our or their
-
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THE HISTORY OF GEORGIA.
approbation or disallowance : and the said laws, statutes, and ordinances being approved of by us, our heirs and successors, in our or their Privy Council, shall from thenceforth be in full force and virtue within our said province of Georgia."
In order to obviate the inconvenience of assembling all the members of the corporation for the transaction of the ordinary affairs of the colony, power was lodged with the common council, or a majority of them, to receive and disburse the moneys and effects of the corporation in furtherance of the enterprise; to use the common seal in the execution of necessary covenants or contracts ; to nominate and appoint a treasurer, secretary, and such other officers, ministers, and servants as might be adjudged requisite, and the same to remove at pleasure ; to fix salaries, perquisites, and other rewards; and to administer oaths for the faithful discharge of the duties devolved upon such officers, min- isters, and servants. The secretary and treasurer, during their tenure of office, were declared incapable of becoming members of the corporation.
Upon the corporation, its officers and agents, was conferred the privilege of transporting and conveying out of the limits of the United Kingdom, or from any of the British dominions into the province of Georgia for settlement there, as many subjects of the Crown as should be willing to go, and also such foreigners as should consent to there abide under the allegiance of the English Crown. Permission was granted to carry into the province such munitions of war as were requisite for its defense, and such clothing, implements, furniture, victuals, merchandise, cattle, horses, and wares as were needed by the colonists for their own use or for traffic with the natives. The faith of the general gov- ernment was pledged to the doctrine that all persons born within the province, and their descendants, should enjoy all the liberties, franchises, and immunities of free denizens and natural-born sub- jects of Great Britain as fully as if born and abiding within the kingdom of England.
In the worship of God liberty of conscience was to be univer- sally allowed. To all, except Papists, was accorded a free exer- cise of religion, provided its ministrations and enjoyment were peaceable and caused no offense or scandal to the government.
In regard to alienation of land by the corporation, the charter contains the following provisions and limitations: " And our further will and pleasure is, and we do hereby for us, our heirs and successors, declare and grant that it shall and may be lawful
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PROVISIONS OF THE CHARTER.
for the said common council, or the major part of them assembled for that purpose, in the name of the corporation and under the common seal to distribute, convey, assign, and set over such par- ticular portions of lands, tenements, and hereditaments by these presents granted to the said corporation, unto such of our loving subjects, natural born or denizens, or others that shall be willing to become our subjects and live under our allegiance in the said colony, upon such terms and for such estates, and upon such rents, reservations, and conditions as the same may be lawfully granted, and as to the said common council, or the major part of them so present, shall seem fit and proper. Provided always, that no grants shall be made of any parts of the said lands unto any person being a member of the said corporation, or to any other person in trust for the benefit of any member of the said corporation ; and that no person having any estate or interest in law or equity in any part of the said lands shall be capable of being a member of the said corporation during the continuance of such estate or interest. Provided also, that no greater quan- tity of lands be granted, either entirely or in parcels, to or for the use or in trust for any one person, than five hundred acres ; and that all grants made contrary to the true intent and meaning hereof shall be absolutely null and void."
The corporation was invested with the right to appoint suit- able persons to administer the oaths prescribed by act of Parlia- ment passed in the first year of the reign of King George I., - to be taken instead of oaths of allegiance and supremacy, - also oaths of objurgation to persons residing in the colony, and solemn affirmations to Quakers as authorized by the laws of the realm. It was further ordained that the corporation and its successors should have full power and authority for and during the term of twenty-one years next ensuing the date of the letters patent to erect and constitute courts of record and other courts for " hearing and determining all manner of crimes, offenses, pleas, processes, plaints, actions, matters, causes, and things what- soever arising or happening within the said province of Georgia, or between persons of Georgia, whether the same be criminal or civil, and whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed, and for award- ing and making out executions thereupon."
All leases, grants, plantings, conveyances, settlements, and im- provements of any lands, tenements, and hereditaments within the limits of the colony made by or in the name of the corpora-
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THE HISTORY OF GEORGIA.
tion, or memorials containing the substance thereof, were to be registered with the auditor of plantations within one year from the respective dates thereof; otherwise they were to be held void.
Annually an account of such conveyances was to be trans- mitted to the auditor of plantations for the time being, or to his deputy, and to the surveyor, for the time being, of South Carolina ; both of whom had the power of inspection and verifi- cation by resurvey so as to ascertain the quit rents due to the Crown.
From time to time statements showing the progress of the col- ony were to be rendered to the principal secretaries of state and to the Commissioners of Trade and Plantations.
Eight members of the common council were declared a legal quorum for the transaction of business, and the common council was authorized to nominate, appoint, and commission such gover- nors, judges, magistrates, ministers, and officers, civil, military, and naval, as they might deem fit and needful for the govern- ment of the province. The Crown, however, reserved to itself the right of selecting all officers for the management and collec- tion of revenues due from the colony to the general government. It was further stipulated that the colonial governor before enter- ing upon his office should be approved of by the Crown, that he should take such oaths and qualify himself in such manner as were required of the governors and commanders-in-chief of the other colonies in America, and that he should give approved security for observing the several acts of Parliament relating to trade and navigation, and for obeying all instructions which should be issued to him by the home government.
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