PROVISIONS OF THE CHARTER. 63 This instrument constituted twenty-one noblemen and gentlemen a body corporate, by the name and style of the Trustees for establishing the Colony of Georgia, in America; giving to the projected colony the name of the monarch who had granted to them such a liberal territory for the development of their benevolence.o By the provisions of this charter, which commenced with a recital of the causes which led to the proposed colonization, this body was entitled, for twenty-one years, to all the legal rights and immunities of a body corporate. They were to meet yearly, on the third Thursday in the month of March, when new members were to be elected. They were to have a common council, of fifteen members; and when the members of the corporation were increased, the common council was also to be augmented to twenty-four. The offices of President, of the Trustees, and Chairman of the Board of Common Council, were to be rotary by election. The members of the corporation were debarred from holding any office of profit, or receiving any salary, fees, perquisite or profit whatsoever. They were authorised to take subscriptions and collect moneys; and were required to lay, annually, before the chancellor, 9 In the London Magazine for Oct., 1735, are the following lines, "On giving the name of Georgia to a part of Carolina :” “While ripening slow, the future purpose lay, 64 ers. PROVISIONS OF THE CHARTER. or speaker, or commissioners for the custody of the great seal of Great Britain, an account of all moneys and effects by them received or expended. They were empowered to make constitutions, laws and ordinances for the government of their province; to set, impose, and inflict reasonable pains and penalties upon offendIt granted to them "all those lands, countries and territories situate, lying and being in that part of South Carolina, in America," between the Savannah and Altamaha; and westerly, from the heads of the said rivers, respectively, in direct lines, to the Pacific, and the islands within twenty leagues of the coasts. It gave them permission to transport and convey out of Great Britain into the said province of Georgia, to be there settled, as many subjects, or foreigners willing to become subjects, as shall be willing to inhabit there. It also declared, that "all and every the persons" "born within the said province, shall have and enjoy all liberties, franchises and immunities of free denizens, as if abiding and born within Great Britain." It also established and ordained that there shall be liberty of conscience allowed in the worship of God to all persons inhabiting, or who shall inhabit, or be resident within the province; and that all such persons, except Papists, 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. It was further provided, that no grant of land should be made to any one of the corporation, or to any one in trust for any member of the same; and no grant of land to any other individual was to exceed five hundred acres. They were authorised, also, to establish judicatories, courts of record, or other necessary courts, embracing all cases which could come within the limits PROVISIONS OF THE CHARTER. 65 of colonial judiciary, whether criminal or civil, capital or venial. It decreed, that no act of the common council or corporation should be effectual and valid, unless eight members, including the chairman, should be present. It permitted this board to appoint whatever magistrates, civil or military, by land or sea, the province required, except such as were connected with the revenue department. It required them to defend the province by all military means, both by sea and land, against either internal or external foes. It constituted the governor of South Carolina chief commander of the Georgia militia; and, finally, declared, that at the expiration of twenty-one years, such a government should be established as should then be judged best, in which the governor, and all officers, civil and military, should be nominated and appointed by the king. This was the great legal instrument which lay at the political foundation of Georgia. Its provisions were commensurate with its design; and its privileges were as ample as the benevolence which called it into being. It gave to those over whom it stretched its fostering care, the privileges of freeborn Britons-the privileges of English law, and, with one exception, the privileges of religious liberty. Nor was this exception the result so much of England's Protestantism as England's politics. It was but transferring to the charter of Georgia some of the civil disabilities which then lay upon Romanists in the mother country-disabilities growing out of civil rather than ecclesiastical relations. The exception was wrong in the abstract; but, interposing itself as Georgia did between the Protestant colonies on the north, and the French and Spanish possessions on the south, it was determined to draw around it such an ecclesiastical cordon as should effec 66 THE DESIGNS OF THE TRUSTEES. tually prevent any Romish intrigues or ascendency in a colony thus singularly situated. The charter revealed two purposes as the object of this colonization—the settling of poor but unfortunate people on lands now waste and desolate; and the interposing of this colony as a barrier between the northern colonies and the French, Spanish, and Indians on the south and west. These designs the trustees amplified and illustrated in their printed papers and official correspondence; and before we enter upon the results of their labours, it is well to turn back a century, and look at what they proposed to accomplish by establishing such a colony. In a published account of their designs prior to their being carried into execution,10"the trustees state that they intend to relieve such unfortunate persons as cannot subsist here, and establish them in an orderly manner, so as to form a well-regulated town. As far as their fund goes, they will defray the charge of their passage to Georgia-give them necessaries, cattle, land, and subsistence, till such time as they can build their houses and clear some of their land. They rely for success, first, on the goodness of Providence, next, on the compassionate disposition of the people of England; and they doubt not that much will be spared from luxury and superfluous expenses, by generous tempers, when such an opportunity is offered them, by the giving of £20 to provide for a man or woman, or £10 to a child forever." By such a colony, many families who would otherwise starve, will be provided for, and made masters of houses and lands; the people of Great Britain, to whom these necessitous families were a burden, will 10 Force's Tracts, i. 2d paper, 5. THE BENEVOLENCE OF THEIR PURPOSE. 67 be relieved; numbers of manufacturers will be here employed for supplying them with clothes, working tools, and other necessaries; and by giving refuge to the distressed Salzburghers and other Protestants, the power of Britain, as a reward for its hospitality, will be increased by the addition of so many religious and industrious subjects." Oglethorpe, in his "New and Accurate Account," declares"-" These trustees not only give land to the unhappy who go thither; but are also empowered to receive the voluntary contributions of charitable persons to enable them to furnish the poor adventurers with all necessaries for the expense of the voyage, occupying the land, and supporting them till they find themselves comfortably settled. So that now the unfortunate will not be obliged to bind themselves to a long servitude, to pay for their passage; for they may be carried gratis into a land of liberty and plenty, where they immediately find themselves in possession of a competent estate, in a happier climate than they knew before; and they are unfortunate, indeed, if here they cannot forget their sorrows." This was the main purpose of the settlement; and such noble views were "worthy to be the source of an American Republic." Other colonies had been planted by individuals and companies for wealth and dominion; but the trustees of this, at their own desire, were restrained by the charter "from receiving any grant of lands in the province, or any salary, fee, perquisite, or profit whatsoever, by or from this undertaking." The proprietors of other colonies were looking to their own interests; the motto of the trustees of this was, "Non sibi, sed aliis." The proprietors 11 Geo. Hist. Col. i. 58. |