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
Notwithstanding the excellence of this form of trial, it must be
confessed that justice has not always had its free course, nor been
administered with impartiality by the officers and judges appointed by
the proprietors for this purpose. Pirates, for instance, are a body of
men whom all civilized nations are bound in honour and justice to crush;
yet, instead of this, by bribery and corruption they often found favour
with the provincial juries, and by this means escaped the hands of
justice. About this time forty men arrived in a privateer called the
Royal Jamaica, who had been engaged in a course of piracy, and brought
into the country treasures of Spanish gold and silver. These men were
allowed to enter into recognizance for their peaceable and good behaviour
for one year, with securities, till the governor should hear whether the
proprietors would grant them a general indemnity. At another time a
vessel was shipwrecked on the coast, the crew of which openly and boldly
confessed, they had been in the Red sea plundering the dominions of the
Great Mogul. The gentleness of government towards those public robbers,
and the civility and friendship with which they were treated by the
people, were evidences of the licentious spirit which prevailed in the
colony. For although all men ought to be tender of the lives of their
fellow-creatures, and permit ten guilty persons to escape rather than one
innocent man should suffer; yet, to bring pirates to justice is a duty
which both national honour and the common welfare of society necessarily
require. For if we allow such public robbers to escape with impunity, it
may be attended with serious and fatal consequences; it may prove the
occasion of war and bloodshed to nations in general, to the prejudice of
navigation, and the destruction of many innocent lives, which might have
been prevented by proper and legal punishments. The Proprietors were
disposed to consider piracy in this dangerous light, and therefore
instructed Governor Ludwell to change the form of electing juries, and
required that all pirates should be tried and punished by the laws of
England made for the suppression of piracy. Before such instructions
reached Carolina, the pirates, by their money and freedom of intercourse
with the people, had so ingratiated themselves into the public favour,
that it was become no easy matter to bring them to trial, and dangerous
to punish them as they deserved. The courts of law became scenes of
altercation, discord, and confusion. Bold and seditious speeches were
made from the bar, in contempt of the Proprietors and their government.
Since no pardons could be obtained but such as they had authorised the
governor to grant, the assembly took the matter under deliberation, and
fell into hot debates among themselves about a bill of indemnity. When
they found the governor disposed to refute his assent to such a bill,
they made a law impowering magistrates and judges to put in force the
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