following its course by the farther bank, to its confluence with the Chesapeake, and thence to Watkin's Point," which was called Maryland, and erected under a frame of government entirely independent of Virginia. The Proprietary was invested with full powers of government, in the legislative branch of which he was aided by the representative assembly of the people. The charter provisions were similar to those contained in the other colonial charters, except that it did not contain any réquisition that the laws should be subject to the revision of the Crown. The colony planted by Lord Baltimore was of the Catholic religion.

The territory of the CAROLINAS was conveyed by Charles II. to Lords Clarendon and others, in April 1663. The form of administration at first adopted by the proprietors, provided that the government should reside in a Governor, to be chosen by the Proprietors, from a council of thirteen persons who were to be nominated by the colonists, and an assembly composed of the Governor, Council and Delegates of the people. They were invested with full powers of legislation, subject to the revision of the proprietary. Perfect toleration was proclaimed in matters of religion. Each settler was to receive one hundred acres of land for himself and fifty for every servant, provided he came into the province within five years from this period. At its first meeting the General Assembly enacted, that no freeman should be sued for any cause of action originating out of the country for the space of five years, and all persons were prohibited receiving a power of attorney for the purpose of receiving such debts.† The proprietors finding their settlement to grow very tardily, notwithstanding these inducements to encourage * Story. + Winterbotham.

settlers, attributed it to the plan of government they had adopted, and the famous philosopher John Locke was employed to draft a frame of administration for the Province. His political theories were ill-adapted to the actual condition of man, or the existing relations of society, and his plan of government demonstrated the inability of mere closet speculation to provide for the regulation of communities, or the amelioration of the condition of mankind. It was soon found to be inadequate to the wants, the feelings, the condition, and character of the people, and was abandoned, and the older form re-established. The earliest settlements were made at Cape Fear, and Albemarle. The legislation of the two settlements was distinct, though they were brought under the same executive administration. They became entirely separated in 1732. In June of this year, a plan was formed in England for planting a colony on the territory lying between the river Savannah and Altamahaw-the object of the proprietors was similar to that which led to the settlement of New England, as well as "to strengthen the province of Carolina, and provide a maintainance for suffering and indigent families in Great Brittain and Ireland." A charter of incorporation was obtained from George II. which conferred the usual powers of corporations in England. It placed the management of the colony in the corporation, and a council of sixteen persons, to be first nominated by the crown, and afterwards chosen by the proprietors. Under the auspices of this corporation, General James Oglethorpe, and one hundred and sixteen persons embarked for America, in November. They landed at Yamacraw and commenced to explore the country for a convenient spot to plant their colony. Arriving at a beautiful and elevated plain, on the banks of a river

called by the natives Savannah, they planted the city which now bears that name, and thus was laid the foundation of GEORGIA.

CHAPTER II.

THIS cursory reference to the origin of the several colonies in the southern section of our country, prepares us to proceed with their general governmental regulations. In doing this we find them resolved into three different classes, PROPRIETARY, PROVINCIAL, and CHARTER Governments.

The PROPRIETARY were so denominated because the individual to whom the grant was made, was invested with all power and authority, independent on any interference of the Crown and Parliament, except, as it was expressly provided, when he departed from the objects of the grant. He possessed all the prerogatives of royalty, and the inferior powers of legislation which formerly belonged to the owners of counties Palatine in England. He was authorised to frame all laws, ordinances and institutions which were necessary to promote the interest, or for the better regulation of the colony. He appointed the Governor, and had power to direct him to call an assembly of the freemen or their delegates, to demand their assistance in devising the mode in which the functions of government should be performed, or he might himself devise that mode. The Executive power resided in the Proprietary. In the early history of these colonies, as we have seen, the whole body of the people met to enact their laws,

and to provide for the general interests of the colony, but their ordinances were always subject to the revision of the Proprietary. It is obvious that under such a policy of government many occasions might occur when the exercise of these prerogatives might be of great detriment, and tend even to the oppression of the colonists. Laws which, in the view of the people or their assembly of delegates, might be for their benefit, could be prevented if they were not agreeable to, or coincident with, the views, the wishes, or perhaps even the caprices of the Proprietor. Accordingly we find that the history of these colonies presents an almost uninterrupted series of quarrels or controversies between the Proprietary and the people. At the time of our Revolution PENNSYLVANIA, DELAWARE and MARYLAND existed under this form of government.

The PROVINCIAL governments were those which were framed under commissions issued by the Crown, which contained usually the appointment of the individual to whom they were directed to the office of Governor or Vice-Gerent of the Crown. They derived their characteristic features from the nature of these commissions and the instructions with which they were accompanied. The Governor or Vice-Gerent as he was called, was required to conduct the administration of the government agreeably to the laws of England, and was liable to be punished by those laws in case of mal-administration. A council was also named in the commission who were associated with the Governor as assistants in the performance of executive business. With their advice, the Governor had power to establish courts; to appoint judicial and other officers and magistrates; to pardon offences; to remit fines imposed, or forfeitures incurred; to collate to

churches and benefices; to levy military forces for defence; and to execute martial law in times of war, invasion, or rebellion. The Governor also had the power to suspend any member of the council from office, and to fill any vacancies which might occur, subject to the pleasure of the Crown. These commissions also provided for the convening of the assemblies of the freemen, or their representatives, who, with the Governor and Council, composed the legislative of the Province, the council composing the upper branch, and the representatives the lower branch, with a negative upon their enactments residing in the Governor. All laws after their final passage were subject to the revision of the Crown in England. Both the Judicial officers and the Governor were dependant upon appropriations made by the assemblies for their compensation, which regulation operated as a healthful check against any violent assumption of authority or abuse of power. Appeals lay to the Crown from the higher Courts of judicature. NEW HAMPSHIRE, NEW YORK, NEW JERSEY, VIRGINIA, GEORGIA and NORTH and SOUTH CAROLINA existed under this frame of administration at the time of our revolution. The two last named Provinces were originally Proprietary, but this form of government was attended with great embarrassment. The haughty and independent spirit of the people rebelled against the insolence and oppression of the Proprietors. They threw off their authority, proclaimed themselves independent, and elected their own Governor and members of assembly, in 1719. This form of government was afterwards confirmed to them under a commission from the Crown.

Those of the third class, the CHARTER-GOVERNMENTS, were such as derived their existence under a