The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-05

ana tue former spanish possessions
in Florida and which is now in
cluded within the states of North
Carolina, South Carolina, Tennessee,
Alabama and Mississippi was grant
ed to the Earl Of Clarendon. the
Duke of Albermarle and six others.
high officials Of his court, by Charles
II.
The grant was similar in form to
that which was given to Lord Balti-
more for Maryland and 1t would ap-
pear that 1t was the intention OF
the grantees to establish in the new
country system of government in
which the ideas of feudal control, of
primogeniture and of hereditary
privilege should reach their highest
possible philosophical development.
The actual course followed by til
ties in the Carolinas vas very sim
liar to the courses followed in Vir-
ginia and Maryland, with the differ
ence that the proprietary land inter-
est was less carefully guarded than
N Maryland, and the official land
Organization was less effective than
1t was in Virginia. Several consti-
Itutions for the administration Of the
Carolinas, prepared with much la
Dor by the proprietors, were rejected
by the people and in the absence OF
written law, the people administered
their affairs In accordance with the
needs of a new country and without
extreme solicitude for the interests
of the true and absolute lords pro-
prietors.
At an early date. the line of
cleavage between the settlements in
the northeast part of the grant
adjacent to Virginia. and af-
terward North Carolina, and the set
Elements in the vicinity of Charles
ton. afterward South Carolina. be-
came apparent. Separate provision
was made for the land disposition
by allowing. on petition Of the set
tiers, the land laws and customs in
operation in Virginia to be followed
with respect to the northeastern por-
ton of the proprietary. Virginia
had already made grants in this sec
ton, and the action taken seems to
have been a wise one in the proven
ton Of confusion of practice. Con-
siderable grants were made in the
southern settlements on the basis OF
the system Of John Locke, the phil
osopher, hereafter to be described,
but the most active extension of land
holdings seems to have been along
the plan of the Virginia and Mary
land land Offices, though with con-
siderable laxity of operation.
1t appears from the prohibitive
Legislation which was passed early
in the eighteenth century. that, prior
to HIS, it was the practice for set
tiers to seat themselves on tracts OF
land by simply calling on the sur
veyors or their deputies to lay down
the boundaries of the property in
tended to be held. The settlers be-
came liable in law to the payment OF
composition money and quit rents to
the proprietors. but these seem not
Ito nave been collected. at least prior
to the date above mentioned. In
HIS, surveyors were prohibited un-
der penalty from laying down any
boundaries unless they were first au-
thorized to to such action by war
rant issued by the secretary of state,
and persons who had seated them
selves on unwarranted surveys were
warned to come in and pay the
amounts which were due the pro.
prietors.
The incidents of sale and reserva-
ton of quit rents by proprietors
have previously been reviewed, and
the history Of titles in the Carolinas
has its most interesting chapter in
the unsuccessful attempt to establish
a highly artificial system.
The development of the United
States and the genius of its institu-
lions results from the abolition Of
the fundamental idea of the feudal
system, which is the descent of title
and property rights to the eldest sou
Equality in rank and equality in di
vision of property among heirs pre-
vent the special privileges which AT
tach to a landed aristocracy. The
benefit OF the latter to human gov
eminent is still strongly argued il
some countries and in the reign Of
Charles II it appears to many t,
be a work of greas usefulness t.
controvert the contrary opinion
which had then recently been mani
tested in Cromwell's government
John Locke, theoretical advocat,
prepare scheme OF government fol
IhN MulSA CALlOA
all the benefits OF government by ;
class Of hereditary landholders.
The apex of his system were TIL,
lords proprietors. They were as
sumed to be of equal rank in thu
government except for seniority. TIL,
Oldest was 10 be the Lord Palatine
having the powers OF that office
which have been described in priol
letter. The executive power was t
be administered under his direction
by the other proprietors, each having
independent functions with refer
ence to some aspect of government
work.
The land in the Carolinas was tt
be divided into counties of 100000
acres each. Twelve Of these counties
were first 10 be erected and others as
the first twelve were settled. Each
county was to be divided into eight
seignories, eight baronies and four
precincts, the latter to be divided
each into six colonies. Each seignory
and barony was to contain 10000
acres and each colony the same
amount, so that two-fifths OF the land
was to be included in the holdings of
the proprietors and the nobility and
three-fifths divided among middle
class. The lowest class were to be
4 49, a