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SAVANNAH’S GRAND JURY REPRESENTATION TO THE TRUSTEES

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]

1737-9-1 SAVANNAH’S GRAND JURY REPRESENTATION TO THE TRUSTEES
An Abstract of the Representation of the Grand Jury of SAVANNAH, to the Honorable Trustees.

WE the Grand Jury duly sworn on the 22nd of the last Month, and having diverse Matters laid before us, which we humbly conceive cannot properly be presented to this Court because several of the said Matters involve the Proceedings of the Magistrates of the said Court and contain sundry Articles setting forth many public Necessities and Hardships which can only be remedied by your Honors’ Authority. THEREFORE, We the said Grand Jury, having examined several Witnesses, do on our Oaths Represent to your Honors the following Grievances, Hardships and Necessities:

1.	THAT as the Inhabitants of this Town and County have been and are still subject to many Inconveniencies for lack of a Body of the Laws and Constitutions of this Province, it being exceedingly Difficult in many Cases, both for Grand and Petit Juries, to discharge in a proper manner the great Duties that are incumbent on them by their Oaths; so we hope Your Honors will assist us, that we may be enabled well and truly to execute our Duties as aforesaid. 
2.	THAT by his arbitrary Proceedings, Thomas Causton has endeavored to render the Power and Proceedings of Grand Juries ineffectual, especially this Grand Jury, by intruding upon it when enclosed and about Business, and treating the jury Members with great Haughtiness, Ill-nature, and threats to dissolve them.
3.	THAT by his Office of Storekeeper, Thomas Causton holds the Dangerous Power of enticing weak-minded People to comply with unjust Measures, and also deterring others from making just Complaints and Representations to Your Honors; and Causton’s known Implacability and frequent threats are a strong deterrent to many weak-minded though well-meaning people seeking Redress through proper Complaints and just representations to You their Benefactors, Patrons and Protectors. 
4.	THAT Causton has greatly profited on Provisions and Goods sold out of the Trustees’ Store to the Inhabitants, contrary to Mr. Oglethorpe's Promise when he first settled this Colony; contrary also, we believe, to Your Honors’ good Intentions; and greatly detrimental to the Prosperity of the Colony. Causton has refused to pay the Public Debts other than in Provisions at those high Rates, and sometimes bad and unwholesome, out of the Public Store, causing the Inhabitants great distress, and forcing some to leave the Province.
5.	THAT whereas John White had been prisoned for Felony at the Suit of William Aglionby and was due for prosecution at the next Court session, but he was released before that session by a Warrant signed by Thomas Christie, who we suspect was ordered by Thomas Causton. We imagine the Criminal has escaped Justice, to the great Encouragement of enormous Offenders. We believe this contradicts the Laws of our Country, the Peace of our Sovereign Lord the King, his Crown, his Dignity, and particularly the Welfare of this Your Colony. 
6.	THAT Causton greatly discouraged the Inhabitants of this Town and County in the defensive Measures they had taken in the recent Alarm from the Spaniards. Although almost everybody, Masters and Servants, labored continually in making a Fort to defend themselves in case of Necessity, Causton never came near the Work, but by his Words and Behavior did all he could to prevent it, until at last the People were obliged to leave the work unfinished, contrary to the Welfare and Safety of this Colony.
7.	THAT Causton has greatly prevented and discouraged the Cultivation of Lands by hindering People to settle on the Tracts that were allotted to them by the Trustees, whereby several People have been greatly distressed and some almost ruined financially, contrary (as we humbly conceive) to Your Honors’ good Intention and the main Part of Your glorious Undertaking.
8.	THAT in order to color his illegal Proceedings, Causton has uttered Words to express:
a.	That we do not stand upon our own Feet.
b.	We do not know our Laws or Liberties, nor what the Trustees intend.
c.	A Magistrate cannot act to strict Forms but may easily dismiss Matters of Petty-Felony, thereby assuming (as we humbly conceive) a dispensing Power, contrary and fatal to the Liberties of British Subjects.
9.	THE lack of Public Roads has been detrimental to many who have Settlements at any Distance from this Place, and some have lost and still may lose Crops due to the Difficulty of traveling to and from their Plantations.
10.	THAT the major lack of Servants here renders the Free-holders incapable of proceeding with proper Vigor in Cultivating their Lands. The Honorable James Oglethorpe, Esq. did generously promise that Your Honors would be pleased to give this Colony continued Assistance by sending over Servants to the said Freeholders at reasonable Rates. Therefore, we humbly lay before Your Honors the serious lack of Servants in this Town and County, trusting your timely Assistance therein. 
11.	THAT the Town of Savannah desperately needs a good Wharf and Crane for the Convenience of both Strangers and Inhabitants, they being at double Pains and Costs in landing and getting their Goods up the Bluff.
12.	THAT the Light-House of Tybee, despite great Labor and (as we humbly conceive) vast Expense to Your Honors, remains unfinished and uncovered, leaving that most important Structure subject to Weather damage, and may totally decay if not prevented, which will be detrimental to the Trade, Navigation, and Welfare of this Colony.
13.	THAT the Inhabitants of this Town and County are at vast Expense in Time of Sickness, especially those with the most Servants. During the hot Season of the Year, hardly half of the Servants are able to do any Work due to violent Sicknesses. This has drastically hindered the Inhabitants in making Improvements.

IT is without the least Personal Resentment to Mr. Causton or any other Person, and with the most profound Respect and Duty, that we lay before Your Honors the foregoing Grievances, Hardships and Necessities. And it is not the Persons or Personal Infirmities of any of the Magistrates we blame, but those Actions and Words (we humbly conceive) that tend to subvert our Laws and Liberties. And we are firmly persuaded that Mr. Causton would not have impaneled this Grand Jury on an Affair that so nearly concerned him as that of his Niece’s if he had not believed the several Persons of this Grand Jury to be Men of strict Integrity and no way prejudiced against him. And as we the said Grand Jury are, for the time being, appointed for the solemn Representation of Truth, we humbly hope Your Honors will consider this our Representation as proceeding from a strict, impartial, and sound Enquiry.

In Witness, &c.—This first Day of September, 1737.