USA > Georgia > The history of Georgia: containing brief sketches of the most remarkable events, up to the present day, Vol. I > Part 21
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said. And our further will and pleasure is, that the said common council for the time being, or the major part of such common council, which shall be present and assembled for that purpose, from time to time, and at all times hereafter, shall and may nominate, constitute and appoint a treas- urer or treasurers, secretary or secretaries, and such other officers ministers and servants of the said corporation as to them or the major part of them as shall be present, shall seem proper or re- quisite for the good management of their affairs ; and at their will and pleasure to displace, remove and put out such treasurer or treasurers, secreta- ry or secretaries, and all such other officers, min- isters and servants, as often as they shall think fit so to do ; and others in the room, office, place cr station of him or them so displaced, removed or put out, to nominate constitute and appoint ; and shall and may determine and appoint, such reasonable salaries, perquisites and other'rewards, for their labor, or service of such officers, ser- vants and persons as to the said common coun- cil shall seem meet : and all such oficers ser- vants and persons shall, before the acting in their respective offices, take an oath to be to them ad- ministered by the chairman for the time being of 1
the said common council of the said corporation, .. who is hereby authorised to administer the same, for the faithful and due execution of their respec- tive offices and places. And our will and pleasure is, that all such person and persons, who shall
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from time to time be chosen or appointed treasur- er or treasurers, secretary or secretaries of the said corporation, in manner herein after directed, shall during such times as they shall serve in the said ofices respectively, be incapable of being a member of the said corporation. In caseany mem- ber shall die, or shall by writing under his or their hands respectively resign his or their office or offi- · ces of common council-man or common council- men; the said corporation, or the major part of such of them, as shall be. present, shall and may at such meeting, on the said third tuesday in March year- ly, 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 or persons, being members of the said corporation as to them shall seem meet : and our will is, that all and eve- ry person or persons which shall from time to time hereafter be elected common council-men of the said corporation as aforesaid, 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 be- ing, is hereby authorised and required to adminis- ter 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 Pur-
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cival ; and that the said president shall, within thirty days after the passing this charter, cause a summons to be issued to the several members of the said corporation, herein particularly named, to meet at such time and place as he shall appoint, to consult about and transact the businesses 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 com- mon 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 Purcival, our trusty and well beloved, Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Laroche, James Vernon, William Beletha, esquires, and Stephen Hales, M. A. to be the common council of the said cor- poration, to continue in the said office during their good behaviour. And whereas it is our royal intention, that the members of the said corpora- tion should be increased by election, as soon as conveniently may be, to a greater number than is hereby nominated. Our further will and plea- sure is, and we do hereby, for us, our heirs and successors, ordain and direct, that the unmber of the members shall not increase so as to exceed twenty-four. And we do further of our spe- cial grace, certain knowledge and mere motion, for us, our heirs and successors, grant, by these presents, to the said corporation and their
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successors, that it shall be lawful for them and their officers or agents, at all times hereafter, to transport and convey out of our realm of Great- Britain, or any other our dominions, into the said province of Georgia, to be there settled ; and so many of our loving subjects, or any foreigners that are willing to become our subjects, and live under our allegiance, in the said colony, as shall be willing to go to, inhabit, or reside there, with sufficient shipping, armour, weapons, powder, shot, ordnance, munition, victuals, merchandize and wares, as are esteemed by the wild people ; clothing implements, furniture, cattle, horses, mares, and all other things necessary for the col- ony, and for the use and defence and trade with the people there, and in passing and returning to and from the same. Also we do, for ourselves and successors, declare, by these presents, that all and every the persons which shall happen to be born within the said province, and every of their children and posterity, shall have and enjoy all lib- erties, franchises and immunities of free deni- zens and natural born subjects, within any of our dominions, to all intents and purposes, as if abiding and born within this our kingdom of Great-Britain, or any other dominion .- And for the greater care and encouragement of our loving subjects and such others as shall come to inhabit in our said colony, we do by these pre- sents, for us, our heirs and successors, grant, establish and ordain, that forever hereafter, there
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shall be a liberty of conscience allowed in the worship of God, to all persons inhabiting, or which shall inhabit or be resident within our said province, and that all such persons, except pa- pists, shall have a free exercise of religion, so they be contented with the quiet and peaceable enjoyment of the same, not giving offence or scandal to the government. 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 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 particular portions of lands, tenements and hereditaments by these presents granted to the said corporation, unto such our loving subjects, natural born, denizens or others that shall be willing to become our sub- jects, and live under one 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. Pro- vided always that no grants shall be made of any part 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
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part of the said lands, shall be capable of being a member of the said corporation, during the con- tinuance of such estate or interest. Provided also, that no greater quantity 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 abso- lutely null and void. And we do hereby grant and ordain, that such person or persons, for the time being as shall be thereunto appointed by the said corporation, shall and may at all times, and from time to time hereafter, have full power and authority to administer and give the caths, appointed by an act of parliament, made in the first year of the reign of our late royal father, to be taken instead of the oaths of allegiance and supremacy; and also the oath of abjuration, to all and every person and persons which shall at any time be inhabiting or residing within our said colony ; and in like cases to administer the solemn affirmation to any of the persons con- monly called quakers, in such manner as by the laws of our realm of Great-Britain, the same may be administered. And we do, of our fur- ther grace, certain knowledge and mere motion, grant, establish and ordain, for us, our heirs and successors, that the said corporation and their successor shall have full power and authority, for and during the term of twenty-one years, to commence from the date of these our letters pa- .
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tent, to erect and constitute judicatures and courts of record, or other courts, to be held in the name of us, our heirs and successors ; for hearing and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things whatsoever, arising or happening, within the said province of Georgia, or between persons of Georgia ; whether the same be crimi- nal or civil, and whether the said crimes be capi- tal or not capital, and whether the said pleas be real, personal or mixed : and for awarding and making out executions thereupon, to which courts and judicatures, we do hereby, for us, our heirs and successors, give and grant full power and authority, from time to time, to administer oaths for the discovery of truth in any matter in controversy, or depending before them, or the solemn affirmation, to any of the persons com- monly called quakers, in such manner, as by the laws of our realm of Great-Britain, the same may be administered. And our further will and pleasure is, that the said corporation and their. successors, do from time to time, and at all times hereafter, register or cause to be registered, all such leases, grants, plantings, conveyances, set- tlements, and improvements whatsoever, as shall at any time hereafter be made by, or in the name of the said corporation, of any lands, tenements or hereditaments within the said province; and shall yearly send and transmit, or cause to be · sent or transmitted, authentic accounts of such
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leases, grants, conveyances, settlements and im- provements respectively, into the auditor of the plantations for the time being, of our said prov- ince of South-Carolina ; to whom we do hereby grant full power and authority from time to time, as often as need shall require, to inspect and sur- vey, such of the said lands and premises, as shall be demised, granted and settled as aforesaid : which said survey and inspection, we do hereby declare, to be intended to ascertain the quit-rents which shall from time to time become due to us, our heirs and successors, according to the reser- vation herein before mentioned, and for no other purposes whatsoever ; hereby for us, our heirs and successors, strictly enjoining and command- ing, that neither our or their surveyor, or any person whatsoever, under the pretext and colour of making the said survey or inspection, shall take, demand or receive, any gratuity, fee or re- ward, of or from, any person or persons, inhabit- ing in the said colony, or from the said corpora- tion or common council of the same, on the pain of forfeiture of the said office or affairs, and in- curring our highest displeasure. Provided al- ways, and our further will and pleasure is, that all leases, grants and conveyances to be made by or in the name of the said corporation, of any lands within the said province, or a memorial containing the substance and effect thereof; shall be registered with the auditor of the said planta- tions, of us, our heirs and successors, within the
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space of one year, to be computed from the date thereof, otherwise the same shall be void. And our further will and pleasure is, that the rents, issues and other profits, which shall at any time - hereafter come to the said corporation, or the major part of them which shall be present at any meeting for that purpose assembled, shall think will most improve and enlarge the said colony, and best answer the good purposes herein before mentioned, and for defraying all other charges about the same. And our will and pleasure is, that the said corporation and their successors, shall from time to time give in to one of the principal secretaries of state, and to the commis- sioners of trade and plantations, accounts of the progresses of the said colony. And our will and pleasure is that no act done at any meeting of the said common council of the said corporation, shall be effectual and valid, unless eight mem- bers at least of the said common council, includ- ing the member who shall serve as chairman at the said meeting, be present, and the major part of them consenting thereunto. And our will and pleasure is, that the common council of the said corporation for the time being, or the major part of them who shall be present, being assembled for that purpose, shall from time to time, for, and during, and unto the full end and expiration of twenty-one years, to commence from the date of these our letters patent, have full power and au- thority to nominate, make, constitute and com-
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mission, ordain and appoint, by such name or names, stile or stiles, as to them shall seem meet and fitting, all and singular such governors, judges, magistrates, ministers and officers, civil and military, both by sea and land, within the said districts, as shall by them be thought fit and needful to be made or used for the said govern- ment of the said colony ; save always, and except such offices only as shall by us, our heirs and successors, be from time to time constituted and appointed, for the managing and collecting and receiving such revenues, as shall from time to time arise within the said province of Georgia, and become due to us, our heirs and successors. Provided always, and it is our will and pleasure, that every governor of the said province of Geor- gia, to be appointed by the common council of the said corporation, before he shall enter upon or execute the said office of governor, shall be approved by us, our heirs or successors, and shall take such oaths, and shall qualify himself in such manner, in all respects, as any governor or commander in chief of any of our colonies or plantations in America, are by law required to do; and shall give good and sufficient security for observing the several acts of parliament relat- ing to trade and navigation, and to observe and obey all instructions that shall be sent to him by us, our heirs and successors, or any acting under our or their authority, pursuant to the said acts, or any of them. And we do by these presents
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for us, our heirs and successors, will, grant and ordain, that the said corporation and their succes- sors, shall have full power for and during and until the full end and term of twenty-one years, to commence from the date of these our letters patent, by any commander or other officer or officers, by them for that purpose from time to time appointed, to train and instruct, exercise and . govern a militia, for the special defence and safe- ty of our said colony, to assemble in martial array, the inhabitants of the said colony, and to lead and conduct them, and with them to encounter, ex- pulse, repel, resist and pursue, by force of arms, as well by sea as by land, within or without the limits of our said colony; and also to kill, slay and destroy, and conquer by all fighting ways, enterprizes and means whatsoever, all and every such person or persons as shall at any time here- after, in any hostile manner, attempt or enterprize the destruction, invasion, detriment or annoyance of our said colony ; and to use and exercise the martial law in time of actual war and invasion or rebellion, in such cases, where by law the same may be used or exercised; and also from time to time to erect forts, and fortify any place or places within our said colony, and the same to furnish with all necessary ammunition, provisions and stores of war, for offence and defence, and so . commit from time to time the custody or govern- ment of the same, to such person or persons as to them shall seem meet: and the said forts or for-
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tifications to demolish at their pleasure ; and to take and surprize, by all ways and means, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall in an hostile manner, invade or attempt the invading, conquering or annoying of our said colony. And our will and pleasure is, and we do hereby, for us, our heirs and successors, declare and grant, that the governor and commander in chief of the province of South-Carolina, of us, our heirs and successors, for the time being, shall at all times hereafter have the chief command of the militia of our said province, hereby erected and estab- lished ; and that such militia shall observe and obey all orders and directions, that shall from time to time be given or sent to them by the said governor or commander in chief; any thing in these presents before contained to the contrary hereof, in any wise notwithstanding. And, of our more special grace, certain knowledge and mere motion, we have given and granted, and by these presents, for us, cur heirs and successors, do give and grant, unto the said corporation and their successors, full power and authority to im- port and export their goods, at and from any port or ports that shall be appointed by us, our heirs and successors, within the said province of Geor- gia, for that purpose, without being obliged to touch at any other port in South-Carolina. And we do, by these presents, for us, our heirs and successors, will and declare, that from. and after
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the termination of the said term of twenty-one years, such form of government and method of making laws, statutes and ordinances, for the better governing and ordering the said province of Georgia, and the inhabitants thereof, shall be established and observed within the same, as we, our heirs and successors, shall hereafter ordain and appoint, and shall be agreeably to law; and that from and after the determination of the said term of twenty-one years, the governor of our said province of Georgia, and all officers civil and military, within the same, shall from time to time be nominated and constituted, and appointed by us, our heirs and successors. And lastly, we do hereby, for us, our heirs and successors, grant unto the said corporation and their successors, that these our letters patent, or the enrolments or exemplification thereof, shall be in and by all things good, firm, valid, sufficient and effectual in the law, according to the true intent and meaning thereof, and shall be taken, construed and adjudged, in all courts and elsewhere in the most favorable and beneficial sense, and for the best advantage of the said corporation and their successors ; and omission, imperfection, defect, matter or cause, or thing whatsoever to the con- trary, in any wise notwithstanding. In witness, we have caused these our letters to be made pa- tent : witness ourselves at Westminster, the ninth . day of June 1732, in the fifth year of our reign. By writ of privy-seal.
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. No. 2 .- Refer to page 36.
The trustees for establishing the colony of Geor- gia, in America, to the chief men of the na- tion of the lower Creeks, send greeting :
WHEREAS the great king George the se- cond, king of Great-Britain ; did by his letters patent under the great seal of Great-Britain, bear- ing date the ninth day of June, in the 5th year of his reign, constitute and appoint a body politick and corporate by the name of the trustees for es- tablishing the colony of Georgia in America. And whereas the said trustees have received from their beloved Mr. James Oglethorpe of West- Brook-Place, in the county of Surry esquire, one of the common council of the said trustees, a copy of certain articles of friendship and com- merce between the said trustees and the said chief men, which is in the words following (that is to say,) articles of friendship and commerce between the trustees for establishing the colony of Geor- gia in America, aud the chief men of the nation of the lower Creeks.
First-The trustees bearing in their hearts great love and friendship to you the said head men of the lower Creek nation, do engage to let their people carry up into your towns all kinds of goods fitting to trade in the said towns, at the rates and prices settled and agreed upon before you the said head men, and annexed to this treaty of trade and friendship.
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Secondly-The trustees do by these articles promise to see restitution done to any of the people of your towns by the people they shall send among you ; proof being made to the be- loved man they shall at any time send among you, that they who have either committed murder, robbery, or have beat or wounded any of your people, or any wise injured them in their crops by their horses, or any other ways whatever ; and upon such proof the said people shall be tried and punished according to the English law.
Thirdly .- The trustees, when they find the hearts of you the said head-men and your people are not good to the people they shall send among you, or that you or your people do not mind this paper, they will withdraw the English trade from the town so offending. And that you and your- people may have this chain of friendship in your minds and fixed to your hearts, they have made fast their seal to this treaty.
Fourthly-We the head men of the Coweta and Cuseta towns, in behalf of all the lower Creek nation, being firmly persuaded, that he who lives in heaven and is the occasion of all good things, has moved the hearts of the trustees to send their beloved men among us, for the good of our wives and children, and to instruct us and them in what is strait, do therefore declare that we are glad that their people are come here ; and though this land belongs to us, (the lower Creeks) yet we, that we may be instructed by them, do con-
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sent and agree, that they shall make use of and possess all those lands, which our nation hath not occasion to use : and we make over unto them, their successors and assigns, all such lands and territories as we shall have no occasion to use ; provided always, that they upon settling every new town, shall set out for the use of our- selves, and the people of our nation, such land's as shall be agreed upon between their beloved men, and the head men of our nation, and that those lands shall remain to us forever.
Fifthly-We the head-men do promise for ourselves and the people of our towns, that the traders for the English, which shall settle among us, shall not be robbed or molested in their trade in our nation ; and that if it shall so happen, any of our people should be mad, and either kill, wound, beat or rob any of the English traders or their people, then we the said head-men of the towns aforesaid, do engage to have justice done to the English, and for that purpose to deliver up any of our people who shall be guilty of the crimes aforesaid, to be tried by the English laws, or by the laws of our nation, as the beloved man of the trustecs shall think fit. And we further promise not to suffer any of the people of our said towns, to come into the limits of the English settlements, without leave from the English be- loved man, and that we will not molest any of the English traders passing to or from any nation in `friendship with the English.
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Sixthly-We the head-men, for ourselves and people, do promise to apprehend and secure any negro or other slave, which shall runaway from any of the English settlements to our nation, and to carry them either to this town, or Savannah or Palachuekola garrison, and there to deliver him up to the commander of such garrison, and to be paid by him four blankets or two guns, or the value thereof in other goods; provided such runaway negro or other slave, shall be taken by us or any of our people on the farther side of Oconee river ; and in case such negro or run- away slave,'shall be taken on the hither side of the said,river, and delivered to the commanders a- foresaid, then we understand the pay to be one gun or the value thereof ; and in case we or our people should kill any such slave for resistance or running away from us in apprehending him, then we are to be paid one blanket for his head, by any trader, for carrying such slaves head unto him.
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