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Samuel Perkins, late inhabitant and second bailiff of Frederica, in Georgia, aged thirty-nine years and upwards, makes oath and says, that he lived there five years and upwards, and cleared and fenced in five acres of land, whereof he planted one acre and a half, built two good and habitable houses in the town of Frederica, and one good and habitable house on his five acre lot. That the produce of the land so cleared, fenced in, and planted, was never sufficient to defray the expense of maintaining his servant who was employed thereon, and did well attend and keep clean the same, during the season for planting, for four years together. That he kept a store well furnished with goods from his first arrival, but that James Oglethorpe, Esq., who was either intrusted with, or took to himself, the sole command of all, would not allow this deponent to sell iron goods, because Mr. Lawley sold such. That about two years after his arrival, he, this deponent, sent James Shepherd to the guardhouse, for abusing this deponent and Mr. John Caldwell, third bailiff, in the execution of their office, in order to be punished, unless he repented, and asked pardon for his fault: but that Mr. Horton, then commander-in-chief at Frederica, (Mr. Oglethorpe being absent), released the said Shepherd, and threatened this deponent to lock him to an oar in the scout boat, and to starve the said Caldwell, for securing the person of the said Shepherd. That finding he could not live by cultivation, and being bred a coach-maker, this deponent would have wrought at his trade, and had chaises bespoke of him by Lieutenant Colonel Cockran, and Captain Gascoigne, and in Carolina; but that the honorable James Oglethorpe, Esq., Colonel of his majesty's regiment of foot, continuing still the sole commander of all affairs in the southern division of Georgia, as well civil as military, would not suffer him to work at his trade ; and farther, that the said Oglethorpe, on or about November, 1738, did say to this deponent, “ By G— I will burn the first chaise you make;" for which reason this deponent durst never make any during his stay in Georgia, nor so much as cart harness for his neighbors, that being also forbid in the same manner, though a set was bespoke, materials provided, and the work begun.
That at a court holden at Frederica, February 4, 173940, a complaint was made by William Allen, that Mr. Thomas Hawkins, chief magistrate, owed him eight shillings and sixpence, which the said Hawkins acknowledged in open court to be due, and promised to pay the same; but the plaintiff's suit being renewed at sundry courts, and the money not being paid, this deponent and Mr. Francis Moore, recorder, on the 4th of February, 1740, did, in conjunction, write a handsome letter to the said Hawkins, (who would not appear that day either as defendant or magistrate,) desiring him to show cause why his goods should not be distrained; when he returned for answer, that his health would not permit him to come to court, and desired not to be condemned unheard. But this deponent having seen him laughing and very merry within an hour before, as the constable, by whom the letter was sent, did inform the court, he was, when he delivered it; it was the opinion of the court and every one present, that a distraint should be granted, for satisfying the said complainant, William Allen, which was done accordingly. But upon the officer's putting the same into execution, the said Oglethorpe sent for the said Caldwell, bailiff, when the goods seized were replevied, and the said Hawkins did say he should appeal to the trustees.
That the said Hawkins having, at times, done some very wrong things in court, which had brought the authority of it to a very low ebb, insomuch that the people were under no government. As for instance, James Bland being taken into custody, and kept a long while confined, for selling rum to some soldiers who swam on board his master, Mr. Town
send's vessel, and swearing they would have rum, took it by force, drank thereof, and returned ashore ; but afterwards making a second attempt, two of the said soldiers were drowned. After a long confinement, the said Bland, at a court held at Frederica aforesaid, did move for his trial, when the said Hawkins answered, that he should not be tried, for if the other magistrates had no bread to lose, yet he had, and that he would not disoblige the General for any body; wherefore, finding the said Oglethorpe did justify all such proceedings of the said Hawkins, and condemned and vilified whatever was done by this deponent; he did, in August, 1740, lay down his commission, as did Mr. Francis Moore, recorder, at the same time, and for the same reasons, as the said Moore did tell this deponent and others.
That the said Oglethorpe did tell this deponent, that he would ruin him for distraining the said Hawkins's goods, were he Lord Chief Justice.
That David Fellows, coxswain of the said Oglethorpe's boat, abused this deponent in his own house; whereupon a constable was sent for, and the said Fellows striking the said constable, who got a warrant for the said Fellows, and by virtue of which did carry the said Fellows to the guardhouse; for which the said Oglethorpe broke the said constable.
That at a court held the 27th of August, 1740, Thomas · Herd and Samuel Davidson, returning Samuel Lee, John
Harding, Thomas Archer, John Shelleday, Richard Hart and Samuel Gough, who cohabited each with his respective female unmarried, the grand jury found a bill against them; and the said Hawkins did declare in open court, that the said
Oglethorpe had got the proceedings of the said court, and did - forbid the said Hawkins to proceed farther in that affair, add. ing, that the said General told him the constables were indictable for returning, and the grand jury for finding a bill against them, which violent proceedings of the said Oglethorpe were blamed, even by the said Hawkins.
That this deponent having lived in good repute among his neighbors, and the officers of the regiment, was yet at last abandoned by them all, and that by order from the said Ogle| thorpe, as Captain Desbrisay and several others did confess to this deponent and his wife.
That in 1738 he received a German family, consisting of
a man, his wife, son of nineteen, and daughter seven years of age, for which he gave bond to the trustees' store for seventeen pounds ten shillings sterling, in Captain William Thomson's name, the same being to bear interest at ten per cent. after the expiration of two years, if unpaid. That the trustees being indebted to this deponent more than that sum, he demanded the said bond, before he left the province, but the said Oglethorpe refused to deliver him the same, though he, the said Oglethorpe, did, at the same time, acknowledge that the money for the said family was paid. That the said bond is still out against this deponent, and ten per cent. for the same running on. And moreover, the said Oglethorpe having vowed revenge against this deponent for distraining the said Hawkins's goods, would not see him, nor suffer his account to be made up before he left the colony of Georgia, though he did often apply to the said Oglethorpe, in order thereto. And further, Mr. Thomas Jones did inform this deponent, that the said Oglethorpe swore he should never be paid one farthing, and that is due from the trustees; and for boat-hire, and other services done at the late expe- : dition against St. Augustine.* · That having eighteen tame hogs, the said Oglethorpe issued an order, after the fortifications were begun, (and it was said were to be carried on round the town,) that no hogs should be kept within it, when this deponent sent his hogs to his little plantation, from whence they strayed to town in about six months thereafter; where, without any notice given, three sows big with young, and three barrows, were shot by one Pighly, a servant to the trustees, (as this deponent has been informed) the said Pigbly being appointed for that purpose.
That as this deponent was getting the remainder of the said hogs into his yard, Thomas Hunt, the General's servant boy, did, at the same time, run with his gun in pursuit of them, and say that he was ordered by the General to shoot them.
That notwithstanding he was unable to live by cultivating lands, on which he has built without a proper title; that promises made by the trustees of supplying the people with servants, of a bounty on produces raised, &c. were never
* 901, the whole.
fulfilled; and that the complaints of these and many other things were universal; yet, from his hopes, that they might reach his Majesty's ears, and the colony be under his royal protection, he should not have forsaken bis improvements in Georgia so soon, could he have borne the said Oglethorpe's usage, who is become a terror not to evil doers, but to innocent men.
SAMUEL PERKINS. South Carolina, ss. Sworn before me, the 28th of Nov. 1741.
OTHNIEL BEALE, J. P.
John Roberson, aged thirty-three years and upwards, and Joseph Cannon, aged twenty years and upwards, late of
Frederica, in Georgia, do make oath and say, that in com. pany of forty families or more, commanded by James Oglethorpe, Esq., they did go to the said Frederica, at the first settling thereof, which was in March, 1735-6; when the said people did immediately build themselves palmetto huts, by joint labor, to shelter themselves from the weather. That in May, 1736, by command of the said Oglethorpe, twentytwo of the said inhabitants of Frederica went to making of bricks, sawing of timber, and providing other materials, in order to build twenty-seven brick houses, which labor they
continued till December following, when they had built only : two houses, which were left unfinished, and the poor people
finding the task too heavy for them were obliged to leave off, after having so lost thus much of their labor, and having done nothing towards raising their own provisions, though nine months of their one year's provisions promised them by the trustees were expended. That then ten of the said inhabitants of Frederica having petitioned the said Oglethorpe before be went for England, for one tithing of land together, being a mile square, and obtaining the same in order to cultivate it; they made an attempt to enclose the whole with a worm fence of six feet high; and before it was finished, there being an alarm that the Spaniards designed to