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from time to time the custody or government of the same, to such person or persons as to them shall seem meet : and the said forts and fortifications to demolish at their pleasure; and to take and surprize, by all ways and means, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall in an hostile manner, invade or attempt the invading, conquering or annoying of our said colony. And our will and pleasure is, and we do hereby, for us, our heirs and successors, declare and grant, that the governor and commander in chief of the province of South-Carolina, of us, our heirs and successors, for the time being, shall at all times hereafter have the chief command of the militia of our said province, hereby erected and established ; and that such militia shall observe and obey all orders and directions, that shall from time to time be given or sent to them by the said governor or commander in chief; any thing in these presents before contained to the contrary hereof, in any wise notwithstanding. And, of our more special grace, certain knowledge and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant, unto the said corporation and their successors, full power and authority to import and export their goods, at and from any port or ports that shall be appointed by us, our heirs and successors, within the said province of Georgia, for that purpose, without being obliged to touch at any other port in South-Carolina. And we do, by these presents, for us, our heirs and successors, will and declare, that from and after the termination of the said term of twenty-one years, such form of government and method of making laws, statutes and ordinances, for the better governing and ordering the said province of Georgia, and the inhabitants thereof, shall be established and observed within the same, as we, our heirs and successors, shall hereafter ordain and appoint, and shall be agreeably to law ; and that from and after the determination of the said term of twenty-one years, the governor of our said province of Georgia, and all officers civil and military, within the same, shall from time to time be nominated and constituted, and appointed by us, our heirs and successors. And lastly, we do hereby, for us, our heirs and successors, grant unto the said corporation and their successors, that these our letters patent, or the enrolments or exemplification thereof, shall be in and by all things good, firm, valid, sufficient and effectual in the law, according to the true intent and meaning thereof, and shall be taken, construed and adjudged, in all courts and elsewhere in the most favorable and beneficial sense, and for the best advantage of the said corporation and their successors any omission, imperfection, defect, matter or cause, or thing whatsoever to the contrary, in any wise notwithstanding. In witness, we have caused these our letters to be made patent: witness ourself at Westminster, the ninth day of June, in the fifth year of our reign. By writ of privy-seal. COOKS.
FRANKLIN'S PLAN OF UNION.—1754.
VIEWING with apprehension the encroachments of France in America, the Lords of Trade in 1753 directed the governors to recommend their respective assemblies to appoint delegates to a congress to meet at time and place to be fixed by the Governor of New York. The congress was to treat with the Six Nations of New York, and secure their alliance in a possible war with France. It was suggested that the colonies form a league for mutual defence. Commissioners from seven colonies met at Albany June 19, 1754. After concluding the treaty with the Six Nations, the following plan of Union, largely drawn by Franklin, was adopted for recommendation to colonial assemblies. The plan was, as Frothingham tersely says, “rejected in America because it had too much of the prerogative, and in England because it was too democratic.”
The plan is here given with the interesting comments of Franklin, which are distinguished by italics.
Consult Bancroft's U. S., 1st ed., IV., 123; cen. ed., III., 8o; last ed., IV., 387; Hildreth's U. S., II., 443; Frothingham's Rise, 136; Bryant and Gay's U. S., III., 261 ; Greene's Historical View, 69; Chalmers' Revolt, II., 271.
FRANKLIN'S PLAN OF UNION–1754.
PLAN of a proposed Union of the several Colonies of Massachusetts-Bay, New Hampshire, Connecticut, Rhode Island, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, North Carolina, and South Carolina for their mutual Defence and Security, and for the extending the British Settlements in North America.
That humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said Colonies, within and under which government each Colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows.
PRESIDENT-GENERAL AND GRAND COUNCIL,
That the said general government be administered by a President-General, to be appointed and supported by the crown ; and a Grand Council to be chosen by the representatives of the people of the several Colonies met in their respective assemblies. It was thought that it would be best the PresidentGeneral should be supported as well as appointed by the crown, that so al/ disputes between him and the GrandCouncil concerning his salary might be prevented; as such disputes have been frequently of mischievous consequence in particular Colonies, especially in time of public danger. The quitrents of crown lands in America might in a short time be sufficient for this purpose. The choice of members for the Grand-Council is placed in the House of Representatives of each government, in order to give the people a share in this new general government, as the crown has its share by the appointment of the President-General. But it being proposed by the gentlemen of the Council of New York, and some other counsellors among the commissioners, to alter the plan in this particular, and to give the governors and councils of the several Provinces a share tn the choice of the Grand-Council, or at least a power of approving and confirming, or of disallowing, the choice made by the House of Representatives, it was said, “That the government or constitution, proposed to be formed by the plan, consists of two branches : a President-General appointed by the crown, and a Council chosen by the people, or &y the people's representatives, which is the same thing. “That, by a subsequent article, the council chosen by the people can effect nothing without the consent of the President-General appointed by the crown ; the crown possesses, therefore, full one half of the power of this constitution. “That in the British constitution, the crown is supposed to possess but one third, the Lords having their share. “That the constitution seemed rather more favorable for the crown. “That it is essential to English liberty that the subject should not be taxed but by his own consent, or the consent of his elected representatives. “That tares to be laid and levied by this proposed constitution will be proposed and agreed to by the representatives of the people, if the plan in this particular be preserved. “But if the proposed alteration should take place, it seemed as if matters may be so managed, as that the crown shall finally have the appointment, not only of the PresidentGeneral, but of a majority of the Grand-Council, for seven out of eleven governors and councils are appointed by the crown. “And so the people in all the Colonies would in effect be taxed by their governors. “It was therefore apprehended, that such alterations of the plan would give great dissatisfaction, and that the Colonies could not be easy under such a power in governors, and such an infringement of what they take to be English /iberty.