Untitled - the Digital Library of Georgia

GEORGIA AND GEORGIANS 185
It has frequently been stated on high authority that Oglethorpe
was the first governor of Georgia. It was impossible that he should hold
that office. He was forbidden by the terms of the charter, as were all
the trustees, to hold "any office, place, or employment of profit under
the corporation.'' Further, as a trustee, ho was forbidden to receive or
take, directly or indirectly, any salary, fee, perquisite, benefit or profit
whatever by reason of service rendered the corporation, in any manner
or capacity.* It might be urged that these requirements forbade the
holding of only those offices which were "of profit," and that he might
well have occupied the office of governor because he went at his own
expense.! It is difficult to dissociate the idea of a salary from that of
a governor in any ordinary sense; but whatever the possibilities in the
case might have been, the fact remains that Oglethorpe was not granted
authority or powers that would entitle him to be called the governor of
a province or even of a single settlement. It seems not to have been
anticipated that he would remain longer in the colony than might be
necessary to actually establish the colonists in their homes in peace; and
so the powers given him were in a measure temporary and by no means
extensive. For example, he was given power to set out and divide 5,000
acres of land that had been deeded in trust to three of the settlers, and
he was to give directions to these holders of the land in trust how to
proceed with their business of assigning it to the other settlers.J He
was authorized to grant licenses to those desiring to leave the province
of Georgia so that they might not forfeit their grants.:!: He was en
trusted with the special authority to administer the oaths of allegiance,
supremacy, and abjuration to the various officers appointed in the new
colony; but it was not a general power to administer oaths, since the
individuals were specified by name.'5* He was also granted the power
as attorney for the trustees to name officers for the militia of Georgia.tt
The last appointment gives the keynote of the relation that Oglethorpe
bore to the trustees. He was not a governor under them, but their attor
ney to act in their stead. Nor was he an attorney with general power to
act, but he was limited to the special matters in which authority was
assigned him.
It is beyond question that it would have been a wiser policy for the
trustees to give to him or to some other man larger powers specifically
or, better still, more general powers to act. In the nature of things,
there would arise many circumstances demanding prompt action which
could not be foreseen and specifically provided for by the trustees. Many
such occasions did arise; and Oglethorpe usually acted as he thought
best, though not authorized to do so. For instance, none of the records
indicate that he was authorized to draw on the trustees for money;
but he did so, and no protest was made in the beginning at least,:j:f
though we shall see that it led later tp unfortunate misunderstandings.
Having noticed the part played by Oglethorpe in getting the project
*C. B. I: 16.
t C. B, III: 378.
t C. B. II: 9-10.
** Ibid., 11.
tt B. T., Ga., XII: 25.
It C. K. II: 27.