An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1 — John Shaqi
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
Agreeable to the powers with which the proprietors were invested by their
charter, they began to frame a system of laws for the government of their
colony; in which arduous task they called in the great philosopher John
Locke to their assistance. A model of government, consisting of no less
than one hundred and twenty different articles, was framed by this
learned man, which they agreed to establish, and to the careful
observance of which, to bind themselves and their heirs for ever. But
there is danger of error, where speculative men of one country attempt to
sketch out a plan of government for another, in a different climate and
situation. This legislator must be acknowledged to have possessed great
abilities and merit; yet his fine-spun system proved in effect useless
and impracticable. Several attempts were afterwards made to amend these
fundamental constitutions, but all to little purpose; the inhabitants,
sensible of their impropriety, and how little they were applicable to
their circumstances, neither by themselves, nor by their representatives
in assembly, ever gave their assent to them as a body of laws, and
therefore they obtained not the force of fundamental and unalterable laws
in the colony. What regulations the people found applicable and useful,
they adopted at the request of their governors; but observed them on
account of their own propriety and necessity, rather than as a system of
laws imposed on them by British legislators.
As the proprietors were so fond of these constitutions, and expressed so
much zeal for their establishment, it may not be improper to give a short
and imperfect view of them, especially such as were allowed to take place
in the government of the colony. The eldest of the eight proprietors was
always to be Palatine, and at his decease was to be succeeded by the
eldest of the seven survivors. This palatine was to sit as president of
the palatine's court, of which he and three more of the proprietors made
a quorum, and had the management and execution of all the powers of their
charter. This palatine's court was to stand in room of the king, and give
their assent or dissent to all laws made by the legislature of the
colony. The palatine was to have power to nominate and appoint the
governor, who, after obtaining the royal approbation, became his
representative in Carolina. Each of the seven proprietors was to have the
privilege of appointing a deputy to sit as his representative in
parliament, and to act agreeable to his instructions. Besides a governor,
two other branches, somewhat similar to the old Saxon constitution, were
to be established, an upper and lower house of assembly; which three
branches were to be called a Parliament, and to constitute the
legislature of the country. The parliament was to be chosen every two
years. No act of the legislature was to have any force unless ratified in
open parliament during the same session, and even then to continue no
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