USA > Georgia > The history of Georgia: containing brief sketches of the most remarkable events, up to the present day, Vol. I > Part 20
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. . A man with these ideas was not a fit instrument " for the designs of the British government : he was therefore, agreeably to his own request, permitted to remain at home, where he was a quiet specta- tor of the folly of his country through a seven years war with the colonies.
General Oglethorpe passed the eve of his life in easy retirement, at the seat of his wife at Grantham . hall, in Essex, where he died the 30th of June, 1785, in the 87th year of his age. He had been seventy-four years in the British army, and at his death, he was said to have been the oldest officer in the king's service. His moderation and the simplicity of his whole deportment, his prudence, virtue, delight in doing good, real regard to mer- it, unaffected simplicity in all his actions, great knowledge and experience, generous care and concern for his fellow creatures, his mercy and benevolence, will admit of but few parallels in the history of human life.
More can be said of general Oglethorpe, than of the subject of any other prince in Europe : he founded the province of Georgia in America ; he lived to see it flourish, and become of conse- quence to the commerce of Great Britain ; he . saw it in a state of resistance, and at length beheld it independent of its mother country ; and of great political importance in one quarter of the globe.
" British Annual Register,
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BIOGRAPHICAL SKETCH
OF THE LIFE OF
LADY HUNTINGDON.
SELINA SHIRLEY, countess-dowager of Huntingdon, merits particular notice in the history of Georgia. This eminently pious lady, the second daughter of Washington Shirley, the second earl of Ferrars, was born in 1707, and married The- ophilus earl of Huntingdon in 1728, by whom she had four sons and three daughters. After a dangerous illness she was impressed with a seri- ous turn of mind, and on her recovery she de- voted her whole time, fortune and attention, to religion and charity ; to the utter astonishment of all the fine ladies of the gay fashionable world. She became the generous patroness of the cele- brated preacher Mr. Whitefield, and the calvinis- tic methodists in general : she opened her house in Park-street, London, for the preaching of the gospel, and erected chapels in various parts of the kingdom : she also built and endowed a college in Wales, for the purpose of educating serious young men for the ministry. She left a large donation to the Orphan-house in Georgia, and aid- ed Mr. Whitefield considerably in founding that
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laudable institution. It is said that at different periods of her life, she appropriated at least one hundred thousand pounds sterling for the propa- gation of the gospel, and to institutions for the re- lief of the poor. A portrait of that amiable wo- man as large as life, is still preserved by the com- missioners of the Orphan-house. Her labors through life were unwearied, her charities and liberality extensive, and her whole deportment humble, meek and pious : she died in 1791, in the eighty-fourth year of her age.
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GEORGE the second, by the grace of God, of Great Britain, France and Ireland, king, de- ender of the faith, and so forth. To all to whom these presents shall come, greeting.
Whereas we are credibly informed, that ma- ny of our poor subjects are, through misfortunes and want of employment, reduced to great neces- sity, insomuch as by their labor they are not able to provide a maintenance for themselves and fa- milies ; and if they had means to defray their charges of passage, and other expences, incident to new settlements, they would be glad to settle in any of our provinces in America ; whereas by cultivating the lands, at present waste and deso- late, they might not only gain a comfortable sub- sistence for themselves and families, but also strengthen our colonies and increase the trade, navigation 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 English inhabitants, miserably massacred, and our living subjects who now inhabit them, by
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reason of the smallness of their numbers, will in case of a new war, be exposed to the late calam- ities ; inasmuch as their whole southern frontier continueth unsettled, and lieth open to the said savages-And whereas we think it highly be -. coming 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 infatuated of our people, and to relieve the wants of our above mentioned poor subjects ; and that it will be highly condu- cive for accomplishing those ends, that a regular colony of the said poor people be settled and es- tablished in the southern territories of Carolina. And whereas we have been well assured, that if we will be graciously pleased to erect and settle a corporation, for the receiving, managing and disposing of the contributions of our loving sub- jects ; divers persons would be induced to con- tribute to the purposes aforesaid-Know ye there- fore, that we have, for the considerations afore- said, and for the better and more orderly carrying on of the said good purposes ; of our special grace, certain knowledge and mere motion, wil- led, 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-vis- count Purcival, of our kingdom of Ireland, our trusty and well beloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcote,
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Thomas Tower, Robert Moore, Robert Hucks, Roger Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Beletha, esquires, A. M. John Burton, B. D. Richard Bundy, A. M. Arthur Bedford, A. M. Samuel Smith, A. M. Adam Anderson and Thomas Co- rane, gentlemen ; and such other persons as shall be elected in the manner herein after mentioned, and their successors to be elected in the manner herein after 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; and them and their suc- cessors by the same name, we do, by these pre- sents, 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 suc- cessors, 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 in perpetuity, not ex- ceeding the yearly value of one thousand pounds, beyond reprises ; also estates for lives, and for
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years, and all other manner of goods, chattels and things whatsoever they 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 the time of granting thereof, and not in reversion, not exceed- ing 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, bc persons able, capable in the law, to purchase, have, take, receive and enjoy, to them and their successors, and lands, territories, possessions, ten- ements, jurisdictions, franchises and heredita- ments whatsoever, lying and being in America, of what quantity, quality or value whatsoever they be, for the better settling and supporting and . maintaining the 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 whatsoever, and before whatso- ever judges, justices, and other officers, of us, our heirs and successors, in all and singular ac-
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tions, plaints, pleas, matters, suits and demands, of what kind, nature or quality soever they be ; and to act and to do, all 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 businesses of them and their succes- sors ; 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, and 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, herein- .' after 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, that they and their successors forever, may upon the third tuesday in the month of March, yearly, meet at some convenient place to be appointed by the said corporation, or major part of them who shall be present at any meeting of the said corporation, to be had for the appoint- ing of the said place; and that they, or two thirds of such of them, that may be present at such yearly meeting, and at no other meeting of the said corporation, between the hours of ten in
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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 herein- after by us appointed as the common council of the said corporation, or any other persons to be elected or admitted members of the said common council in the manner hereafter directed, shall die, the common council shall be increased to twen- ty-four; and that the same assembly at which such additional members of the said corporation shall be chosen, there shall likewise be elected, in the manner herein before directed for the elec- tion 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 Digby, esquire, shall be the first chair- man of the common council of the said corpora- tion ; and that the said lord-viscount Purcival shall be, and continue, president of the said cor- poration, and that the said Edward Digby shall be and continue chairman of the common coun- cil of the said corporation, respectively, until the meeting which shall be had next and immediate- ly after the first meeting of the said corporation, or of the common council of the said corporation respectively, and no longer ; at which said second meeting, and every other subsequent and future
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meeting of the said corporation or of the common council of the said corporation respectively, in or- der to preserve an indifferent relation of the sever- al offices, of president of the corporation, and of chairman of the common council of the said corpo- ration we do direct and ordain that all and every the person and persons, members of the said com- mon 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 coun- . cil 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 com- mon council of the said corporation, the same shall respectively be determined by the major part of the said corporation respectively, who shall be present at such meeting. Provided al- ways, that no member of the said common coun- cil 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 immedi- ately ensuing that in which he so served as presi- dent of the said corporation or chairman of the said common council of the said corporation respective-
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ly ; unless it shall so happen that at any such meet- ing 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 meetings of the said corporation, or of the common council of the said corporation, the president or chairman for the time being, shall have a voice and shall vote, and shall act as a member of the said corporation, at such meeting ; and in case of any equality of votes, the said pre- sident or chairman for the time being, shall have a casting vote. And our further will and plea- sure 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 whatso- ever, for or by reason of his or their serving the said corporation, or president, chairman or com- mon council-men, 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 cor-
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poration to the rest of the common council, who' are hereby authorised severally and respectively, to administer the same. And our will and plea- sure 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, place, office or employment of pro- fit, under the said corporation, shall be incapable of being elected a member of the said corpora- tion ; during such time as he shall be continued 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 or exercise, accept, possess or enjoy, any office, place or employ- ment of profit, under the said corporation, or under the common council of the said corpora- tion-such member shall from the time of his having, holding, exercising, possessing and en- joying such office, place and employment of pro- fit, cease to be a member of the said corporation. And we do for us, our heirs and successors, 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, hereafter to authorize and appoint such persons as they shall think fit to take subscriptions, and to gather and collect such money as shall be by any person or persons contributed for the pur- pose aforesaid ; and shall and may revoke and ¥ 2
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make void such authorities and appointments, as often as they shall see cause so to do. And we . do hereby for us, our heirs and successors, or- dain and direct, that the said corporation every year lay an account in writing before the chan- cellor, speaker, or commissioners, for the cus- tody of the great seal of Great Britain, of us, our heirs and successors ; and the chief justice of the court of common pleas, and the chief of the ex- chequer of our heirs and sucsessors for the time being, or any two of them; of all monies and effects by them received or expended, for the carrying on the good purposes aforesaid. And we do hereby, for us, our heirs and successors, give and grant unto the said corporation, and their successors, full power and authority to con- stitute, ordain and make, such and so many by-laws, institutions, orders and ordinances, as to them, or the greater part of them, at their gen- eral meeting for that purpose, shall deem neces- sary and convenient for the well ordaining 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 shall see requisite : and in and by such by-laws, rules, orders and ordinances, to sell, impose and inflict, reasonable pains and pen- alties upon any offender or offenders, who shall transgress, break or violate the said by-laws, constitutions, orders and ordinances, so made as aforesaid, and to mitigate the same as they or the
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major part of them then present shall think con- venient; which said pains and penalties, shall and may be levied, sued for, taken, retained and re- covered, by the said corporation and their suc- cessors, by their officers and servants, from time to time, to be appointed for that purpose, by ac- tion of debt, or by any other lawful ways or means, to the use and behoof of the said corpor- ation and their successors, all and singular : which by-laws, constitutions, orders and ordin- ances, pains and penalties, from time to time so made and imposed, and reasonable and not con- trary or repugnant 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, may be like- wise agreed to or 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 cor- poration intend to settle a colony, and to make an habitation and plantation on that part of our province of South-Carolina, in America, herein after described-Know ye, that we greatly desir- ing the happy success of the said corporation, for their further encouragement in accomplishing so excellent a work have of our foresaid grace, certain knowledge and mere motion, given and granted by these presents, for us, our heirs and successors, do give and grant to the said corpo-
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ration and their successors under the reservation, limitation and declaration, herearter expressed, seven undivided parts, the whole in eight equal parts to be divided, of all those lands, country and territories, situate, lying and being in that part of South-Carolina, in America, which lics from the most northen part of a stream or river there, commonly called the Savannah, all along the sea coast to the southward, to the southern stream of a certain other great water or river cal- led the Alatamaha, and westwardly from the heads of the said rivers respectively, in direct lines to the south seas ; and all that share, circuit and pre- cinct 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, riv- ers, waters, fishings, as well royal fishings of whale and sturgeon as other fishing's, pearls, commodities, jurisdictions, royalties, franchises, privileges and pre-eminences, within the said frontiers and the precincts thereof and thereunto, in any sort belonging and 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 progenetors have hitherto granted to any
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company, body politic or corporate, or to any adventurer or adventurers, undertaker or under- takers, of any discoveries, plantation or trafic, of, in, or into any foreign port 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 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 sin- gular other the premises herein before 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 honorable -- , of Hampton-court, of our courts of Middlesex in free and commons occage, and not in capite, yield- ing, and paying therefor to us, our heirs and successors yearly forever, the sum of eleven shil- lings for every hundred acres of the said lands, which the said corporation shall grant, demise, plant or settle ; the said payment not to con- mence 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 succes- sors, in such manner and in such species of mo- ney or notes, as shall be current in payment, by proclamation from time to time, in our said prov- ince of South-Carolina. All which lands, coun- tries, territories and premises, hereby granted or
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mentioned, and intended to be granted, we do by these presents, make, erect and create one in- dependent and separate province, by the name of Georgia, by which name we will, the same . henceforth be called. And that all and every per- son 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 be bound to obey any laws, orders, statutes and constitutions, which have been heretofore made, ordered or cnacted by, for, or as, the laws, orders, statutes or constitu- tions of our said province of South-Carolina, (save and except only the command 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 government of the said province of Georgia, in the manner heretofore; declared. And we do hereby, for our heirs and successors, ordain, will and establish, that for and during the term of twenty-one years, to commence from the date of these our letters pa- tent, the said corporation assembled for that pur- pose, shall and may form and prepare, laws, statutes and ordinances, fit and necessary for and concern- ing 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
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common seal to us, our heirs and successors, in our or their privy council for our or their appro- bation 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 thence forth be in full force and virtue with- in our said province of Georgia. And forasmuch as the good and prosperous success of the said colony, cannot but chiefly depend, next under the blessing of God, and the support of our royal au- thority, upon the provident and good direction of the whole enterprise, and that it will be too great a burthen upon all the members of the said cor- poration to be convened so often as may be requi- site, to hold meetings for the settling, supporting, ordering, and maintaining the said colony ; there- fore we do will, ordain and establish, that the said common council for the time being, of the said corporation, being assembled for that purpose, or the major part of them, shall from time to time, and at all times hereafter, have full power and au- thority to dispose of, extend and apply all the mo- nies and effects belonging to the said corporation, in such manner and ways and by such expenses as they shall think best to conduce to the carry- ing on and effecting the good purposes herein mentioned and intended : and also shall have full power in the name and on account of the said corporation, and with and under their common seal, to enter under any covenants or contracts, for carrying on and effecting the purposes afore-
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