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
"I desire you further to consider the consequence that attends that
assertion, Of the charter being forfeited, before judgment is given upon
the same. For if it be so, then the forfeiture must be from the time that
the fact was committed that caused the forfeiture; and then you must
remember, that, by the charter, the Lords have granted to them, not only
the power of ordering the government, but also the lands are granted to
them by the said charter; so that if there is a forfeiture of the rights
and prerogatives of the government, there is also a forfeiture of their
rights to the lands; and so all grants made by their authority of any
lands, since the fact committed that caused the forfeiture, according to
your own doctrine and assertion, must be null and void; and therefore,
how many persons titles to their lands will become void, I leave you to
consider. And though, it may be, you will assign some new late fact, that
you say will cause such a forfeiture, by which you may think to avoid the
ill consequence that attends the titles to the lands; yet know, that the
facts that you assign may not be the only ones that may be thought to
have made the forfeiture of their charter. And if your present assertion
is true, that they may be dispossessed before a judgment; it may be,
other persons may assign other causes of the forfeiture, besides those
which you assign, which may have been committed many years ago: for you
cannot but know there have been persons in the province, that, for
several years past, have publicly asserted, that the Lords have done
facts, for which their charter was become forfeited. Which if so, I leave
you to consider what a gate you will leave open to call in question, nay,
utterly destroy, several hundreds of peoples titles to their lands. And
though you have most unjustly and untruly suggested to the people, to
create a prejudice in them to the Lords Proprietors, that their Lordships
designed to dispute their titles to their lands; yet, by this assertion
and practice, you are the persons that will not only call in question,
but effectually destroy their titles.
"And if you persist in disowning the council as now authorised, then I
desire you further to consider, in what capacity I can act with you, and
to what purpose you pretend to sit and transact the public business of
the province. You know very well I am not able to join with you in
passing any law without the consent of my council; and surely you cannot
pretend to pass laws without me: and what an absolute occasion there is
now to pass some laws, that the province may be put in a posture of
defence, and the contingent charges thereof defrayed, I leave you
seriously to consider, and hope you will not lose the whole province to
the enemy, for your own humours.
Public-domain text, read in full here on John Shaqi.
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