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
From the first settlement of the colony, the common method of obtaining
lands in it was by purchase, either from the Proprietors themselves, or
from officers commissioned by them, who disposed of them agreeable to
their directions. Twenty pounds sterling for a thousand acres of land,
and more or less, in proportion to the quantity, was commonly demanded,
although the proprietors might accept of any acknowledgment they thought
proper. The emigrants having obtained warrants, had liberty to go in
search of vacant ground, and to pitch upon such spots as they judged most
valuable and convenient. This was surveyed, and marked out to them,
according to the extent of their purchase, and plats and grants were
signed, registered and delivered to them, reserving one shilling quitrent
for every hundred acres, to be paid annually to the Proprietors. Such
persons as could not advance the sum demanded by way of purchase,
obtained lands on condition of paying one penny annual-rent for every
acre to the landlords. The former, however, was the common method of
obtaining landed estates in Carolina, and the tenure was a freehold. The
refugees having purchased their estates, and meeting with such harsh
treatment from the colonists, were greatly discouraged, and apprehensive,
notwithstanding the fair promises of the Proprietors, they had escaped
one abyss of misery only to plunge themselves deeper into another.
[Sidenote] Juries chosen by ballot.
The manner of impannelling juries in Carolina being remarkably fair and
equitable, justly claims our particular notice. Juries here are not
returned by sheriffs, whose ingenuity and integrity are well known,
particularly in England; but according to an article in the fundamental
constitutions. The names of all the freemen in the colony being taken
down on small pieces of parchment of equal size, they are put into a
ballot-box, which is shaken on purpose to mix them, and out of which
twenty-four names are drawn, at every precinct court before it rises, by
the first boy under ten year of age that appears; which names are put
into another box, and twelve out of the twenty-four are drawn by another
boy under the same age, and summoned to appear at the next meeting of
court; which persons are the jury, provided no exceptions are taken
against any of them. If any of them are challenged by the prisoner, the
boy continues drawing other names till the jury be full. In this mild and
fair manner prisoners are tried, which allows them every chance for life
humanity can suggest or require: for after the most careful examination
of witnesses, and the fullest debate on both sides from the bar, the jury
have instructions about the evidences given, and the point of law which
is to guide them in their decision, from the bench; and are shut up in a
room, where they must remain until they agree, and return their unanimous
verdict, guilty or not guilty.
[Sidenote] Pirates favored by the colonists.
Public-domain text, read in full here on John Shaqi.
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