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Georgia's legal system a mess
Source: A True and Historical Narrative of the Colony of Georgia in America #173
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[From 1741 A True and Historical Narrative, edited by Amy] The Trustees sent a promising replacement, but Causton denied him food from the store That this absolute Power might be exercised without the least Interruption, the other Magistrates were unable to oppose it: It's true, in December 1734, Mr. Causton met with a little Interruption; for the Trustees then sent over to Savannah one Mr. Gordon as Chief Magistrate, who being a Person of a very winning Behavior, affable and fluent in Speech, soon got the Good-Will of everybody and a great many of the People laid their Grievances and Hardships open to him, which seemed a little to eclipse Mr. Causton; but he soon found out an Expedient to remove this Adversary by refusing him Provisions from the Store, which quickly rendered him unable to support himself and Family, whereby he was obliged after about six Weeks to leave the Place so he could, as he said, represent our Grievances to the Trustees, and soon after returned to London; but he did not perform his Promise, for what Reason we sha'n't pretend to determine; and some Time thereafter he either resigned or was dismissed from his Office of First Bailiff, and Mr. Causton was appointed in his Stead. The 3rd bailiff was a puppet and a drunk As to Mr. Henry Parker, who was appointed Third Bailiff when Mr. Gordon came over, he was, in the first Place, a Man who had nothing to support himself and large Family but his Day-Labor, which was Sawing, and consequently as soon as his Time was otherwise employed, he must be entirely dependent on the Store for his Subsistence: In the second Place, he was a Man of no Education; so that Mr. Causton soon molded him to his own liking and infused into him what Notions he pleased: Thirdly, he was and is an absolute Slave to Liquor, and he who plies him most with it (which Causton always took Care to do, and whose Example has been since followed by his Successor Jones) has him, right or wrong, on his Side. Other magistrates were never strong enough to oppose Causton’s arbitrary rulings As to Mr. Christie the Recorder, he was easily over-ruled by the other two; and the same Practice was always continued; for he who was appointed Third Bailiff after Gordon's Dismissal or Resignation was one Darn, nearly Seventy Years of Age, crazed both in Body and Mind, who died not long after his Appointment; and his Successor R. Gilbert, could neither read nor write; so that Causton had never after Gordon's Departure, any Opposition made by the other Magistrates to his arbitrary Proceedings. If we should allow ourselves to enter into a Detail of the particular Instances of such Proceedings, we should exceed much our proposed Bounds: We shall therefore confine ourselves to two only, which may serve as a Specimen of the many others. One example of Causton’s bad sentencing: Watson gets jailed for three years ONE is, that of Capt. Joseph Watson: This Person having incurred Mr. Causton's Displeasure was indicted for stirring up Animosities in the Minds of the Indians, &c. tending to the Ruin and Subversion of the Colony. At his Trial, the Jury’s verdict found him only guilty of some unguarded Expressions, (although twice returned and hectored by Mr. Causton, who acted both as Witness and Judge in the Matter) and verbally recommended him by their Foreman to the Mercy of the Court, imagining or supposing he might be Lunatic; (however, as it afterwards appeared, it was represented to the Trustees that the Jury found him guilty of Lunacy in their Verdict) whereupon he was immediately confined by Mr. Causton, (although sufficient Bail was offered) and kept Prisoner near three Years without any Sentence. But since we are informed that this Affair now lies before a proper Judicature, we shall say no more of it. Another example of Causton’s bad sentencing is benefactor Odingsell’s arrest and death: THE other Instance is that of Mr. Odingsell, who was an Inhabitant of Carolina and had been a great Benefactor to the infant Colony of Georgia, having given several Head of Cattle and other valuable Contributions towards the Promoting it. He came to Savannah to see how the Colony succeeded. After being there a few Days and having been out on his boat after dark, he was going to his Lodgings and was arrested in the Street as a Stroller, carried to the Guard-House, and threatened with the Stocks and Whipping-Post; the Terror and Fright of which (he being a mild and peaceable Man) threw him into a high Fever with a strong Delirium, crying out to every Person who came near him that they had come to carry him to the Whipping-Post; and after lying two or three Days in this distracted Condition, he was carried aboard his boat in order to be sent home, and died on the Way somewhere near Dawfuskee Sound. While England was amused with our freedom from lawyers, we suffered lawlessness THUS, while the Nation at Home was amused with the Fame of the Happiness and Flourishing of the Colony, and of it's being free from Lawyers of any kind, the poor miserable Settlers and Inhabitants were exposed to as arbitrary a Government as Turkey or Muscovy ever felt. Even looks were criminal, and the Grand Sin of withstanding or any way opposing Authority, (as it was called when any Person insisted upon his just Rights and Privileges) was punished without Mercy. We were wrong to think Parliament’s subsidy would compensate our production losses Nevertheless, we bore all these Things patiently, in full Hopes that the Trustees Eyes would soon be opened and then our Grievances be redressed, and still continued exhausting our Substance in pursuing an impracticable Scheme, namely, Cultivating Land to Advantage in such a Climate with white Servants only, trusting that Parliament, who Yearly repeated their Bounty, would compensate our Damages: But alas! their Bounty was applied in Georgia to the Hurt rather than Benefit of the Colony, as we shall here briefly relate.
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