An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1Hewatt, Alexander
History
An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1
Hewatt, Alexander
Georgia -- History -- Colonial period, ca. 1600-1775; South Carolina -- History -- Colonial period, ca. 1600-1775
Those articles of complaint, though they took their rise from the bar,
and might have proceeded in some measure from envy, ill-will, or
resentment, were nevertheless too well grounded, and the facts contained
in the charge were supported by strong evidence before the assembly. But
as the Judge held his commission from the Proprietors, he denied that he
was accountable to the assembly for any part of his conduct in his
judicial capacity; and declared that he would be answerable no where but
in England. The assembly, however, sensible that he held his commission
only during good behavior, sent a message to the Governor and Council,
requesting they would join them in representing his partial and unjust
conduct in his office to the Proprietors, praying them either to remove
him from his seat in the courts of justice, or at the least to grant him
only one jurisdiction, and the people liberty of appeal from his
judgements. The Governor and major part of the council, convinced of the
male-administration of the Judge, agreed to join the Commons in their
representation. But being sensible of the great interest the Chief
Justice had with their Lordships, they judged it most prudent to send one
of their counsellors to England with their memorial, that it might find
greater credit and weight, and the more certainly procure redress; and
Francis Yonge, a man of considerable abilities, who had been present at
all their debates, was pitched upon as one well qualified for giving
their Lordships a faithful account of the whole matter. Accordingly
Yonge, being furnished with all the instructions, powers, and
credentials, necessary to a commissioner for the aggrieved party of the
colonists, set sail for England, and arrived in London early in the year
1719.
[Sidenote] Laid before the Proprietors.
Public-domain text, read in full here on John Shaqi.
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