appeal taken during the period under consideration was in 1769, 210 when the 
island was a royal colony. Because of the vicissitudes of its status, no appeals 
were taken from St. Lucia. The Georgia charter of 1732 made no provision for 
appeals to the King in Council, 211 and only one was taken during the period 
of existence as a chartered colony. 212 Apparently the trustees did not favor the 
Council's appellate jurisdiction. When a complaint as to unjust imprisonment 
was entertained at the Council Board, the trustees sought opinion of counsel 
whether such jurisdiction was an entering wedge in admitting appeals in 
criminal cases from the colony. 213 
In connection with the chartered colonies it is interesting to note that James 
Abercromby, one time South Carolina Attorney and Advocate General and 
later colony agent for both North Carolina and Virginia, in some comprehensive 
proposals for strengthening colonial administration, made to Lord Halifax 
in 1752, touched upon the question of appeals from the chartered colonies. 214 
Section 27 of his suggested act of Parliament first recited that there was no 
reservation of appeals to the King in Council in the charters to certain colonies, 
that in some chartered colonies it was doubtful whether appeals would lie 
except from the supreme courts of judicature, i. e., not from the vice-admiralty 
courts, and that the plantation vice-admiralty courts were vested by statute 
with jurisdiction not inherent in the High Court of Admiralty. It was then 
to be enacted: 
twenty-six weeks after such judgment, decree, 
or sentence. And that security be likewise given 
by the appellant to answer such charges as 
shall be awarded in case the first judgment, 
decree, or sentence shall be affirmed and provided 
that execution be not suspended by 
reason of such appeal so as the party suing or 
taking out execution by reason of such appeal 
unto us our heirs and successors in our and 
their Privy Council do in like manner give 
security to the value of the matter in difference 
to make restitution in case the said 
judgment or sentence be reversed or annulled 
upon the said appeal" (Add. MS, 36, 219/25- 
26). 
2i» Smith v. Ottley (PC 2/114/77, 96, 118). 
This case, which involved the same issue 
litigated in Campbell v. Hall (1 Cowp. 204; 
20 Howell, State Trials, 239), was never 
prosecuted. Cf. TS u/io2B/#4377- 
211 2 Thorpe, Federal and State Constitutions, 
765. A 1730 memorial of Oglethorpe for a 
charter mentioned "liberty of appeal to King 
and Council where the matter in dispute shall 
be above £300" (CSP, Col., 1730, #586)- 
212 Davis v. Powell (4 APC, Col., #150). The 
appeal was admitted upon application to the 
Council. The case mentioned by McCain 
(Georgia As a Proprietary Province [1917], 
209) as the "one case from Georgia that was 
formally appealed to the Privy Council before 
1752" was a complaint, not an appeal. 
213 3 APC, Col, #402; 1 Col. Rec. Ga., 285. 
One Joseph Watson found "guilty of using 
unguarded expressions" by a Savannah jury 
was ordered confined for lunacy by the presiding 
magistrate. Application to the trustees for 
relief being in vain, the prisoner's wife 
petitioned the Privy Council (McCain, op. cit., 
209-10). The opinion, if given, is not known. 
See also McCain, op. cit., 21152 Egmont Diary, 
1734-38 (Hist. MSS. Comm.), 375, 379. 382- 
83, 386-87, 390, 398, 400, 404, 407. 
214 MS An Examination of the Acts of Parliament, 
Relative to the Trade and the Government, 
of the American Colonies, 156-62 
(Pa. Historical and Museum Comm., Public 
Records Division, Harrisburg, Pa.; page references 
are to the fair copy).