By the turn of the eighteenth century, the settler population in North America was nearing 300,000. The British had laid claim to land spanning from present-day Maine to present-day Georgia. Census data gathered by the British Colonial Government suggests that Virginia was home to 70,000 settlers in 1700, while estimates suggest that North Carolina was home to less than 10,000 European settlers.
North Carolina's smaller population was a sticking point; it made communication, travel, and trade throughout the colonies more challenging. The natural geography of the state's coast combined with the sparse population created the perfect refuge for pirates and enemies of the crown. And so, in 1707, An Act to Encourage the Settlement of This Country [Carolina North] was passed in an effort to encourage more emigration into the territory.
The law also encourage incarcerated and convicted people to emigrate to the colony. Any person who moved to North Carolina would have their legal challenges erased. For five years after arriving in Carolina, immigrating people could not be sued or prosecuted for any crime committed or debt contracted before they moved there. This was a great offer not only to criminals but to people who owned money -- in the 1700s, people who could not pay their debts could be sent to prison. The colonies came to accept incarcerated and convicted people as a good source of cheap labor. In 1718, the British Parliament allowed courts to offer convicted people the option of "transportation to the colonies" -- that is, they could avoid execution by being shipped to America. (Under England's "Bloody Code," any crimes were then punishable by hanging, including not only arson, murder, and rape, but also burglary, robbery, animal theft, and the malicious maiming of cattle.) As many as 50,000 convicted felons came to America under this law -- as much as a quarter of all immigrating people in the eighteenth century! People with legal problems who were transported to America rarely got into trouble. Most were extremely poor and had committed crimes only out of desperation. Given the chance for a fresh start, they often flourished. There were some exceptions. No one indebted to the monarchy could avoid debts by coming to Carolina. People who owed money to other governments were also excluded, to avoid international conflicts. Interestingly, people who owed money "as Guardians & Trustees for Orphans Estates" were excluded from the law. Poor health and rampant disease made orphans more common in the eighteenth century than they are today. Parents who had money wrote their wills to create a trust for their children -- to put their estate (inheritance) into a special fund, managed under careful rules -- so that if the parents should die, the children would be cared for. But the trustees who were assigned to manage those funds might manage them irresponsibly or even steal from them. At least one member of North Carolina's assembly apparently was concerned that trustees for orphans' estates would clean out the orphans' accounts and take off for America. The law also excluded Virginians and people who owed money to Virginians. Lastly, immigrating people could only benefit from this law once, and they had to stay in North Carolina permanently to continue to benefit from it.
A transcription of the resolution is below.
Whereas it hath pleased Allmighty God so to bless and prosper the English plantations on the maine Land of America that all the Sea Coast from the most Easterne parts of New England to the Southermost part of Carrolina with all the Ports and Harbours thereon are possest by English under the dominion of our most gracious Soverreign Lady Ann by the Grace of God of England Scotland France and Ireland Queen Defender of the faith save only one Tract of land lying in this Government which lying waste the Comunication of her Majties Subjects by land is not only interupted but the Enemy in time of Warr and Pyrates in time of Peace have hitherto made use of the Harbours therein to careen and fitt their vessells as also to Wood and Water to the great annoyance of her Majties Subjects trading along the Coast and the Place being inhabited (as has been lately discovered) only by some fugitive Indians under no manner of Government and living chiefly by Rapine who do murder or hold in Slavery all persons that either by Shipwrack or passing in small vessells so unhappily fall under their Power And whereas the Inhabitants of this Government by reason of their fewness are subject to the dayly Insults of the Heathen owing their Lives and safety's to the courtesy of the Heathen rather then their own strength, therefore for the more speedy peopling the said Tract of Land and for the uniteing her Majesty's. Empire in America and preventing the Enemy from Harbouring in those parts for the subdueing the Inhabitants and security of her Majties Subjects trading along the sea coast as also of the Inhabitants settled in this Government we pray that it may be enacted and it is hereby enacted by his Excell: the Palatine & the rest of the true and absolute Lords Proprs by and with the consent & advice of this present grand assembly and the authority thereof. And it is hereby enacted that no person or persons whatsoever who from and after ratification of this act shall transport themselves into this Government and shall continue to be an Inhabitant or Inhabitants here to plant & inhabit shall be arrested sued or impleaded in any Court or imprison'd for any debt whither the same be by Bill Bond or other reckoning or acct whatsoever contracted before their arrival here till and after five years after their arrival Provided allways that this act nor anything therein contained shall in no wise be constructed to protect any person or persons Indebted to our Sovereigne Lady the Queen her Heires and successors or to the public account of the place or Government where they have lived or as Guardians & Trustees for Orphans Estates nor any person or persons who shall transport him or themselves from our neighbouring Government her Majties Dominions and Colony of Virginia nor any persons indebted to any of her Majties Subjects living within the aforesaid Collony of Virginia who upon pretence of coming from any other place shall plead the benefitt of the said act nor any persons indebted for any wares, goods and merchandizes the effects whereof they shall bring into or otherwaise receive within this Government nor any person indebted for any debts contracted upon any account whatsoever within six months before their arrival here. Provided also and it is hereby Enacted by the authority aforesaid that what person or person so ever shall at any time hereafter transport him or themselves into this Government and having once had the benefitt of this act shall depart hence and againe afterwards transported him or themselves into this Government shall have or receive no benefitt or advantage by such his or their transportation anything herein contained to ye contrary notwithstanding
(Endorsed)
Referred to in Colonel Seymours Lre of the 16 Augst last.
Primary Source Citation:
Act of the North Carolina General Assembly concerning settlement. North Carolina General Assembly. 1707. Colonial and State Records of North Carolina. Volume 01. Pages 674-675. North Carolina Department of Natural and Cultural Resources, Raleigh, N.C.
Published electronically by the North Carolina Collection, University of North Carolina at Chapel Hill. https://docsouth.unc.edu/csr/index.php/document/csr01-0351
References for Context:
Population in the Colonial and Continental Periods. PDF. Washington: United States Census Bureau. https://web.archive.org/web/20211127075618/https://www2.census.gov/prod2/decennial/documents/00165897ch01.pdf (Accessed June 17, 2024)
