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FURTHER PRIVILEGES GRANTED.

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proviso of the grants heretofore made, by which the lands in Georgia reverted to the Trust on failure of male issue, and for granting leave to freeholders to name their successors. At their next meeting, 28th of August, the Trustees, in common council, adopted these resolutions, by which the old tail-male tenure was abolished, and more liberal terms made the basis of their grants. Widows of tenants, "not having done or suffered any act, matter, or thing, whereby his estate therein may be forfeited or determined," should hold and enjoy the house, garden, and if children, one moiety of lands during her life; if a widow, without children, to possess all; if again married, the person marrying her to give security for the keeping in order the said premises, and if no security given, to enure to such person or persons as would be heirs if the widow was naturally dead.

Daughters were permitted to inherit with or without will, in default of male issue, to the extent of five hundred acres. Every future grantee had right, power, and lawful authority, to give and devise his lands by his or her last will and testament in writing, duly executed. These concessions of the Trust, following so speedily upon their reply to the Savannah representation, showed that they legislated for no private ends, but cheerfully granted privileges where they saw their advantage and propriety. Yet the release had not the full effect which they expected, owing to the perverse conduct of their agents in Georgia.

In May, 1750, they still further enlarged the tenures of their grants already made, so as to make them “an absolute inheritance,” and all future grants of lands

282

RUM PROHIBITED IN GEORGIA.

were also to be "of an absolute inheritance to the grantees, their heirs and assigns."

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Another subject upon which the Trustees legislated, was the prohibition of rum in Georgia. The experience of other colonies taught them that ardent spirits was the bane of all social and domestic institutions; they had seen its workings in the northern provinces, and Oglethorpe, in his first letters from Savannah, had told them of its evil effects, even under his own eye, attributing the death of some and the disturbances of others to this source. The Trustees, on reading Oglethorpe's letter in the common council, promptly ordered, "that the drinking of rum in Georgia be absolutely prohibited; and that all which shall be brought there be staved;"18 and prepared and passed an act entitled "An act to prevent the importation and use of rum and brandies in the province of Georgia, or any kind of spirits or strong waters whatsoever." At the same time they sent over fifteen tuns of "the best strong beer," "molasses for brewing beer, and Madeira wines, which the people might purchase at reasonable rates, and which would be more refreshing and wholesome for them." Ale-houses were licensed, but with the strictest prohibition of selling, or even having, ardent spirits. It was designed to be a temperance colony, although no temperance movement had roused up the nations to the guilt and woe of drunkenness. The Trustees acted upon their own knowledge as to what ill effects rum had produced, causing the people to be disorderly, unhealthy, and less vigorous, and the good effects which they witnessed in Ebenezer, and at first in Frederica, 18 Minutes of Com. Council, i. 80.

17 Journal of Trustees, iii. 124.

MAGISTRATES STAVE RUM IN THE RIVER.

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where this article had been prohibited. The motives therefore for enacting this law, were based on sound morals and sound policy; and though the idea of establishing a colony on temperance principles, was a novel one, it was nevertheless attempted and vigorously sustained. In this effort they were much countenanced by the Rev. Doctor Hales, one of the Trustees, who wrote thus early "A Friendly Admonition to the Drinkers of Gin, Brandy, and other Spirituous Liquors," two hundred copies of which were sent over in 1733 to Georgia.

Thus did temperance strive with her sister charity to lay pure foundations, and build up a spotless superstructure of colonial virtue; but it was a movement too much in advance of the age, and too much opposed to the already settled habits of the colonists, to meet with the success it merited; and the faithlessness of some of their officials, who, with the law in their hands, bought, drank, and sold it, rendered nugatory their well-meant designs. But while the magistrates were violating this law themselves, they resolved that it should be infringed by no one else. In carrying out the Trustees' act, Mr. Causton and the bailiffs arrogated to themselves the jurisdiction of the waters of the Savannah, and undertook to stop and examine all boats passing up either branch of the river before the town. In one instance they stopped two boats laden with dry goods and rum, proceeding from Charleston to New Windsor on the Carolina side: the packages in which were opened, and three hogsheads and ten kegs of rum staved, and the men of the boats imprisoned. This high-handed measure called for redress; and at the next meeting of the assembly, three gentlemen, John Hammerton, Charles Pinckney,

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RUM ACT REPEALED.

and Othiel Beale, were appointed a committee to proceed to Georgia, and confer with Oglethorpe, relative to the condition of the Indian trade. They were kindly received by the General, "who told them he would send orders to his agents and officers in the Indian nations, not to molest or seize the traders of that province, and that the navigation up the river should be settled."

The matter was subsequently brought into Parliament, and the Trustees, by a vote of the House of Commons, were directed to repeal the Rum Act, which they accordingly did, July 14th, 1742.

The colonists early manifesting a disposition to be extravagant in their dress and furniture beyond their means, and the Trustees believing that the effect would not only be evil to the persons themselves, but also prejudicial as an example to the other settlers, resolved, April 23d, 1735, to prepare a sumptuary law, to prevent the use of gold and silver in apparel, furniture, and equipage in Georgia. But such legislation was scarcely needed, for the poverty of the settlers, and their harassed condition, were the best sumptuary law, and the surest preventive of personal and domestic extravagance.

CHAPTER IX.

ORIGIN OF SLAVE LABOUR IN GEORGIA.

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ANOTHER obnoxious but fundamental regulation of the Trustees, was the prohibition of negroes within Georgia. Every one of the colonies received slaves from Africa in its borders;" and it is important to the right settling of the question which the Trustees originated, that the condition of this institution, as it then existed, should be known. Begun, as the trade was, by Sir John Hawkins in 1563, patronized by Queen Elizabeth, maintained by repeated acts of Parliament, and openly countenanced by the Dutch in their municipal, charter, and corporate societies, slavery was forced upon the American colonies. In nearly every instance the earliest legislation in each colony was directed to putting down such a species of labour. Virginia early discouraged it, and, during her colonial existence, passed twenty-three acts imposing duties on slaves imported into the colony, thus virtually prohibiting them; and Madison truly said, that “the British government constantly checked the attempts of

1 Bancroft's History of the United States, ii. 171.

2 Tucker's Blackstone, vol. i., part ii., 49-51, Appendix.

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