Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/159

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CH. XIV.]
NORTH AND SOUTH CAROLINA.
119

ernment.[1] It was declared, that there should be a governor chosen by the proprietaries from thirteen persons named by the colonists; and a general assembly, composed of the governor, council, and representatives of the people, who should have authority to make laws not contrary to those of England, which should remain in force until disapproved of by the proprietaries[2]. Perfect freedom of religion was also promised; and a hundred acres of land offered, at a half penny an acre, to every settler within five years.

§ 131. In 1665, the proprietaries obtained from Charles the Second a second charter, with an enlargement of boundaries. It recited the grant of the former charter, and declared the limits to extend north and eastward as far as the north end of Currituck river or inlet, upon a straight westerly line to Wyonoak creek, which lies within or about 36 degrees 30 minutes of north latitude; and so west in a direct line as far as the South seas; and south and westward as far as the degrees of 29 inclusive of northern latitude, and so west in a direct line as far as the South seas.[3] It then proceeded to constitute the proprietaries absolute owners and lords of the province, saving the faith, allegiance, and sovereign dominion of the crown, to hold the same as of the manor of East-Greenwich in Kent, in free and common soccage, and not in capite, or by knight service; and to possess in the same all the royalties, jurisdictions, and privileges of the Bishop of Durham in his diocese. It also gave them power to make laws, with the assent of the freemen of the province, or their delegrates, pro-
  1. 1 Chalm. Annals, 515.
  2. 1 Chalm. Annals, 518, 553; Marsh. Colon. ch. 5, p. 152.
  3. 1 Chalm. Annals, 521; 1 Williams's N. Car. 230, 231; 1 Holmes's Annals, 340; Carolina Charters, 4to. London.