Date published: 1741-01-01
Source:
An Account shewing the Progress of the Colony of Georgia (ID176)Author: Georgia Trustees (ID3)
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Race described: English
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Content id: 3248
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1732-01-01 - 1732-12-31
Supporters' comments on the Georgia Charter
From 1741 AN ACCOUNT, SHEWING THE PROGRESS OF THE COLONY OF GEORGIA IN AMERICA, FROM IT'S FIRST ESTABLISHMENT.
[Edited for readability by Amy]
1732-6-9 Rehashing the Georgia charter
HIS Majesty King GEORGE the Second, by his Letters Patent bearing date the 9th Day of June, One thousand seven hundred and thirty two, reciting amongst many other things, that many of his poor Subjects were through Misfortunes and want of Employment reduced to great Necessities, and would be glad to be Settled in any of his Majesty's Provinces of America, where by Cultivating the Lands Waste and Desolate, they might not only gain a comfortable Subsistence, but also, strengthen his Majesty's Colonies, and increase the Trade, Navigation and Wealth of his Majesty's Realms, and that the Provinces in North America had been frequently Ravaged by Indian Enemies, more especially that of South Carolina, whose Southern Frontier continued unsettled and lay open to the Neighboring Savages, and that to relieve the Wants of the said Poor People, and to protect his Majesty's Subjects in South Carolina, a Regular Colony of the said Poor People should be Settled and Established in the Southern Frontiers of Carolina did for the Considerations aforesaid, Constitute a Corporation by the Name of the Trustees for Establishing the Colony of Georgia in America, with Capacity to purchase and take Lands, to sue, and to be sued, to have a Common Seal, and to Chuse Members of the said Corporation on the third Thursday in March Yearly, with restraining Clauses, that no Member of the said Corporation should have any Salary, Fee, Perquisite, Benefit or Profit whatsoever for Acting therein, or have any Office, Place, or Employment of Profit under the said Corporation, with a Direction for the said Corporation every Year to lay an Account in Writing before the Lord Chancellor, Chief Justice of the Kings Bench, Master of the Rolls, Chief Justice of the Common Pleas, and Chief Baron of the Exchequer, or any Two of them, of all Moneys or Effects by them Received or Expended for Carrying on the good Purposes aforesaid, with a Power to make By-Laws, Constitutions, Orders and Ordinances; And Granted amongst 2 other things to the said Corporation and their Successors, under the Reservations therein mentioned, seven undivided Parts (the whole into eight equal parts to be divided) of all those Lands, Countries and Territories, situate, lying and being in that part of South Carolina in America, which lies from the most Northern Stream of a River there commonly called the Savannah, all along the Sea Coast to the Southward, unto the most Southern Stream of a certain other great Water or River, called the Alatamaha, and Westward from the Heads of the said Rivers respectively in direct Lines to the South Seas, To have and to hold the same, to them the said Corporation and their Successors for Ever, for the better support of the said Colony under the Yearly Rent of Four Shillings Proclamation Money of South Carolina, for every Hundred Acres of the said Lands for ever, which the said Corporation should Grant, Demise, Plant or Settle, but not to Commence until Ten Years after such Grant, Demise, Planting or Settling; And Erected and Created the said Lands, Countries, and Territories into one independent and separate Province by the Name of GEORGIA, and made the Inhabitants who should reside therein, free and not subject to any Laws, Orders, Statutes, or Constitutions of South Carolina, except the Commander-in-Chief of the Militia, and Authorized the said Corporation for the Term of 21 Years from the Date of the said Letters Patent to form and prepare Laws, Statutes and Ordinances for the Government of the said Colony, not repugnant to the Laws and Statutes of England, to be presented under their Common Seal, to his Majesty in Council, for his Approbation or Disallowance, and that the said Laws so Approved of should be in full Force and Virtue within the said Province: And empowered the Common Council for the Time being of the said Corporation, or the major Part of them, to dispose of, expend and apply, all the Moneys and Effects belonging to the said Corporation, and to make Contracts for Carrying and Effecting the good Purposes therein intended, and that they should, from Time to Time, appoint a Treasurer, Secretary, and such other Officers, Ministers, and Servants of the said Corporation as they should see proper, for the good Management of their Affairs, and at their Pleasure to remove them and appoint Others in their stead, and that they should appoint reasonable Salaries, Perquisites and other Rewards for their Labor or Services, and that such Officers should be Sworn before they Act, for the faithful and due Execution of their respective Offices and Places; and declared, that the Treasurer and Secretary for the Time being should be incapable of being Members of the said Corporation; and granted to the said Corporation that it should be lawful for them, their Officers or Agents, to Transport and Convey into the said Province, such of his Majesty's Subjects and Foreigners as were willing to go and 3 Inhabit and Reside there; and declared all Persons Born within the said Province, and their Children and Posterity, to be Free Denizens as if they had been Born within any of his Majesty's Dominions: And empowered the said Common Council in the Name of the Corporation and under their Common Seal, to distribute, convey, assign, and set over such particular Portions of the said Lands, Tenements and Hereditaments, unto such of his Majesty's Subjects and others willing to Live in the said Colony, upon such Terms, and for such Estates, and upon such Rents, Reservations and Conditions, as the same might lawfully be granted, and as to the said Common Council, or the major Part of them, should seem fit and proper, Provided that no Grant should be made of any part of the said Lands, unto, or in trust for, or for the Benefit of any Member of the said Corporation, and that no greater Quantity of the said Lands be granted either entirely or in parcels, to or to the use of, or in trust for, any one Person, than five hundred Acres; and declared that all Grants made contrary to the true intent and meaning thereof should be absolutely Null and Void: And granted that the said Corporation for the Term of 21 Years from the Date of the said Letters Patent should have Power to Erect and Constitute Judicatures and Courts of Record, or other Courts, to be held in his Majesty's Name, for the heating and determining of all manner of Crimes, Offences, Pleas, Processes, Plaints, Actions, Matters, Causes and Things whatsoever, arising or happening within the said Province, or between Persons Inhabiting or Residing there, and for awarding and making out Executions thereupon; and directed the said Corporation to Register or cause to be Registred, all Leases, Grants, Plantings, Conveyances, Settlements and Improvements whatsoever, as should at any time be made of any Lands, Tenements or Hereditaments within the said Province, and Yearly transmit Authentic Accounts thereof unto the Auditor of the Plantations, or his Deputy, and to the Surveyor of South Carolina, to inspect and survey the same, to Ascertain the Quit-Rents that should become due according to the Reservation before mentioned; but not to have, or take any Gratuity, Fee or Reward for such Survey or Inspection, on Forfeiture of their Office; with a Proviso, That all Leases, Grants and Conveyances to be made, of any Lands within the said Province, or a Memorial Containing the Substance or Effect thereof, should be Registred with the Auditor of the Plantations within One Year from the Date thereof, otherwise that the same should be void: And directed, that all Rents, Issues or Profits which should come to the said Corporation, issuing or arising out of, or from the said Province, should be laid out and applied in such manner as would most improve and enlarge the said Colony, and best Answer the good Purposes therein mentioned, and for defraying all other Charges about the same; and directed the said Corporation from time to time to give in to one of the Secretaries of State, and to the Commissioners of Trade and Plantations, Accounts of the Progress of the said Colony; And directed that the said Common Council should from time to time for the said Term of 21 Years from the Date of the said Letters Patent, have Power to appoint all such Governors, Judges, Magistrates, Ministers, and Officers, Civil and Military, both by Sea and Land, within the said District, as they should think fit and needful for the Government of the said Colony (except such Officers as should be appointed for Managing, Collecting and Receiving such of his Majesty's Revenues, as should arise within the said Province) with a Proviso, that every Governor so Appointed, should be Approved by his Majesty, and Qualify himself as other Governors in America are by Law required to do, and give Security for Observing the Acts of Parliament relating to Trade and Navigation, and Obeying all Instructions from his Majesty, or any Acting under his Authority, pursuant to the said Acts: And Granted, that the said Corporation for the said Term of 21 Years, from the Date of the said Letters Patent, should have Power, by any Commander or other Officer for that Purpose appointed to Train, Instruct, Exercise, and Govern, a Militia for the special Defense and Safety of the said Colony, to Assemble in Martial Array, and put in Warlike Posture, the Inhabitants of the said Colony, and in Time of actual War, Invasion or Rebellion, to use and exercise the Law Martial, and also to erect Forts and Fortify any Place or Places within the said Colony, and the same to furnish with all necessary Ammunition, Provision and Stores of War for Offence and Defense, and from time to time to commit the Custody and Government of them to such Person or Persons as to them should seem meet, Declaring that the Governor or Commander in Chief of South Carolina should have the Chief Command of the Militia of Georgia, and that they should observe his Orders; And Granted that the said Corporation should have Power to Import or Export their Goods, at or from any Port or Ports that should be appointed by his Majesty within the said Province for that purpose, without being obliged to touch at any other Port in Carolina: And Declared, that after the End of the said 21 Years, such Form of Government, and method of making Laws, Statutes, and Ordinances for the Government of the said Province, and it's Inhabitants, should be Observed and Established within the same, as his Majesty, his Heirs and Successors should Ordain and Appoint, and should be agreeable to Law; and that after the End of the said 21 Years, the Governor and all Officers Civil and Military, within the said Province. 5 should be Appointed by his Majesty, his heirs and Successors, In Pursuance of his Majesty's Charter, and in order to fulfil the good Intents and Purposes therein expressed, it was thought necessary for the Trustees to send over such poor People and foreign Protestants as were willing to Live in Georgia, not only to cultivate the Lands, but at the same Time to strengthen his Majesty's Colonies. For which purpose they considered each Inhabitant both as a Planter and a Soldier; and they were therefore to be Provided with Arms for their Defense, as well as Tools for their Cultivation, and to be Taught the Exercise of both, and Towns were to be laid out for their Settlements, and Lands allotted to each of them for their Maintenance as near to those Towns as conveniently could be, that they might never have Occasion to be too far distant from their Towns, which were to be regarded as their Garrisons.
Cross references
No cross references.