USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II > Part 22
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In his address to the Assembly, Governor Martin stated, that he had called them together for the pur- pose of requesting them by legislative action, to remove
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some of the distresses to which they were subjected by " the wanton waste of grain heretofore expended," in con- sequence of which the people, " for want of common sus- tenance, are now reduced to a perishing condition ;" to devise means for raising the continental quota of troops ; and to revise the militia law, " whereby the services may be equally borne."
He also recommended " the establishment of a Court of Claims, to determine the right of contested property ;" and further desired them to pass an act defining the boundaries of the State, which might prove the basis of State and Continental negotiation.
For the first time, since the Declaration of Indepen- dence, could the Governor say that " the legislative, executive, and judicial powers, now enjoy the free exercise of their respective authorities," the enemy being shut up within the lines of Savannah, whilst the Americans had " full and absolute possession of every other part of the State."
This Assembly, however, did not sit long; having adjourned the first week in May to the 1st of July. This they did, as the Governor said, " for want of pro- visions." They left undone the most pressing business that was brought before them, and only legislated upon some inconsiderable matters. The Assembly met on the 1st July at Ebenezer, in Effingham County, then the military headquarters of the State, but it soon re- moved to Savannah, which was evacuated on the 11th July, and became once more the seat of government.
Freed from the presence of the enemy on the sea- board, there yet remained many evils to be redressed, and much confusion and misrule to be reduced to order. One of the earliest efforts of Governor Martin was, by
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written conference with Patrick Tonyn, Governor of Florida ; and through William McIntosh, Samuel Stirk, and John Wereat, who were appointed by the Gover- nor and Council of Georgia Commissioners for that purpose ; to check the almost daily massacres and robberies which occurred along and in the vicinity of St. Mary's River. The border war, waged not for glory and liberty, but plunder and lust, which was kept up by alternate parties of Tories and Americans along the boundary lines of Georgia and Florida, was disgraceful to both governments, and productive of benefit to neither; while its atrocities and its blood- shed reduced the contest to nothing less than a strife of savages. Governor Tonyn responded to these efforts of Governor Martin, and thus checked in some mea- sure these predatory incursions, though it was a long time before there was peace in those borders.
The upper part of the State was also sadly harassed by Indian hostilities, incited and directed by those miserable wretches, the frontier Tories and the half- breeds, the vultures and jackals who snuff the carrion breath of war from afar, and who fatten on the car- cases of the battle-field. Multitudes of these men, organized into various bands, and incorporated into or acting with different tribes of Indians, saw all their hopes of gain depart, and their trade in blood gone, if war should cease. Hence they still stirred up the spirit of the Indians, urged them by misrepresentations to keep the field, directed their movements for surprise and ambush; that they might continue their maraud- ing life; using the Indians as the instruments of their cruelty, to give greater terror to their movements, and enhance their gains.
VOL. II.
22
CHAPTER II.
EXECUTIVE TROUBLES AND LEGISLATIVE MOVEMENTS.
ON the 9th January, 1783, Lyman Hall was elected Governor of Georgia. In notifying him of his elec- tion, the Speaker of the House alluded to the "decided part which he had taken in the cause of America; and exertions in the course of the arduous and important struggle which preceded the auspicious dawn of inde- pendence ;" and stated, that these efforts " confirmed the House in the fullest assurance that, under his administration, a continued practice of Whig principle will prevail, and a strict execution of those wise and salutary laws which have been passed in former As- semblies, for completing the safety and welfare of the State." The Governor replied : "The early and de- cided part which I took in the cause of America, originated from a full conviction of the justice and rectitude of the cause we engaged in, has uniformly continued as the principles of my heart, and, I trust, will to the last moments of my life."
After making provision for the appointment of a Board of Commissioners to treat with the Creek and Cherokee nations, the Legislature, on the 13th Janu- ary, voted a congratulatory address to General Greene, then in Savannah, in which they say-
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" The Legislature of the State of Georgia wish to assure you of the real happiness your presence in their capital has given them : human language is too mean to convey their true sentiments of your distinguished virtue.
" Your views of ease to the citizens, in drawing your resources through a scattered country ; the many diffi- culties you surmounted during your command in the Southern Department; your well-directed exertions ; and the virtuous struggle of your victorious army, will be gratefully remembered by a State, which has felt so particularly the happy consequences.
"They congratulate you, sir, on the signal success wherewith the arms of the United States, under your command, with the blessing of Divine Providence, have been crowned by the total expulsion of the enemy from the Southern States-an annal in the history of our country, which must endear the name of Greene as long as the remembrance of British tyranny is hateful.
" They beg you to accept their unfeigned thanks for your decided and intrepid conduct, and to believe they ardently desire, that your future days may be passed in that ease and tranquillity, to which a glorious and serviceable life, through this grand Revolution, most deservedly entitles you."
To this address General Greene replied in the fol- lowing letter, which was ordered to be inserted in the minutes :-
" SIR-Your polite and obliging address, to welcome
,
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me to the State, affords me the most singular satisfac- tion ; nor are your liberal acknowledgments for my small services, and generous wishes for my future ease, less pleasing.
" It affords me the most agreeable sensations to con- template the happy change in the affairs of this coun- try; and it is among the first of my wishes, that you may long, long enjoy the blessings of freedom and independence, free from further alarms; but should it be your misfortune to have the flame of war rekindled in this quarter, my early endeavor shall not be want- ing to check its progress ; and I cannot but hope, by the smiles of Providence, the virtue and spirit of the army, joined by the genius of the country, we shall triumph over our enemies.
" I beg the Legislature to believe that I am highly sensible of the honor they have done me, and I take the liberty to assure you of my disposition to serve them."
On the 31st January, the House, by ballot, elected as civil officers of the State for the year 1783, George Walton, Chief Justice; Samuel Stirk, Attorney-Gene- ral ; John Martin, Treasurer; John Milton, Secretary ; Richard Call, Surveyor-General ; Joseph Woodruff, Collector for the town and port of Savannah ; John Lawson, Jr., Collector for the town and port of Sun- bury; and several gentlemen as Registers of Probate for the several counties.
General McIntosh, John Houstoun, and Edward Telfair, were also, on the 15th February, appointed agents "to settle and adjust the northern boundaries of this State," and to treat with such Commissioners
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as might be appointed by the State of South Carolina for that purpose.
While matters of such moment to the civil interests of the State were thus engaging the attention of the Legislature, it is gratifying to know that the higher interests of religion and morality were not overlooked. The Revolution found Georgia with only a few settled clergymen. Several of these, being ministers of the Church of England, and, deriving their support, in part at least, from the venerable Society for Propa- gating the Gospel in Foreign Parts, sided with the mother country, and left the province. Their places were not speedily supplied. The ministers of the other churches were few, widely scattered, and their voices were almost drowned in the turmoil which ruled in a State harassed by war, invaded by Indians, and exposed to all the calamities of a frontier settle- ment. Religion languished, and morality declined, with the relaxing of civil order, and the absence of the preaching of the holy Gospel. Nor was this a condi- tion of things likely to remedy itself; it required the strong arm of law to arrest the licentiousness which was so widely prevalent; and the loud tone of legisla- tive authority, to speak out its decided approval of the power of true religion to remove crime, promote peace, and exalt a nation to a true and enduring glory.
Such was the feeling entertained by Governor Hall and the leading men of the Legislature, who, with great clearness and force, stated their views on this subject, and bodied forth their desired action thereon, in the following preamble and resolutions, passed on the 26th of February, 1783 :-
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" Whereas, nothing can have a greater tendency to promote the honor of God, the propagation of the Chris- tian religion, and the spiritual welfare of the citizens residing in this State, than the regular performance of divine service; and whereas, the several churches throughout the county of Chatham, and other coun- ties in this State, are much out of repair, owing to the great neglect of them for many years past --
" Resolved, That it be recommended to the inhabi- tants of the said county of Chatham, to meet at the different churches therein, on the second Saturday of March next; and the inhabitants of other counties, as soon as may be after the publication thereof; to elect and choose fit and discreet persons for vestrymen and church-wardens, and other officers, for their respective churches, for one year next ensuing."
It was proper and expedient for the State thus to express its opinion through its House of Representa- tives ; but it required something more than legislation to rebuild churches, re-settle pastors, and bring back to our almost deserted State, the blessed influences which accompany the full exhibition of the ordinances of grace.
Great complaint having been made at the distance of the seat of government from the settlers of the back country, and the ceded lands ; by which long, expensive, and dangerous journeys were required, in order to transact public business with the several de- partments of government at Savannah, the Council resolved, in May, 1783, "to afford such relief as is consistent with their duty, and the powers given them by the Constitution; and therefore unanimously ad- journed, on Tuesday, the 14th of June, "to meet in
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the town of Augusta, on the 28th of the same month; and that from and after the said 28th June next, the executive powers of government will be exercised in the aforesaid town of Augusta, for the term of three months."
On the 8th July, the Legislature convened at Au- gusta; and Governor Hall addressed to that body a message, marked by fervent patriotism, high religious views, sound suggestions of State policy, and earnest appeals to the wisdom and integrity of the House. After an appropriate opening sentence, the Governor said :-
" So great an event as that of a general peace hav- ing actually taken place between the belligerent powers, claims your first attention. An event or- dered by the decree of Heaven, and brought about by means which, through the various stages of a tedious and distressing war, were evidently marked with a concurrent display of Almighty power, graciously pre- siding over us and working wonders in our favor ;- an event which proclaims the United States free, and sovereign, and independent, and surrounded with the blessings of an advantageous and honorable peace, will, when ratified, give us rank and dignity in the grand arrangement of sovereign states and empires.
" The advantages of peace are so numerous and so important that, whilst they demand from us the most devout and fervent expressions of gratitude to the Supreme Ruler of the universe, at the same time can- not fail to inspire sentiments of sincerest joy at the opening of a scene so delightful in prospect, and so diffusive in its blessings; and on this occasion I beg leave to offer you my hearty congratulations.
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GEORGIA AN INDEPENDENT STATE.
"From a view of the profligate and wicked lives of many in the community, it appears that some laws to restrain vice and encourage virtue are of the highest importance to the welfare of the State; it being cer- tain that almost all the evils of government originate from men of corrupt principles and abandoned man- ners. In addition, therefore, to wholesome laws re- straining vice, every encouragement ought to be given to introduce religion, and learned clergy to perform divine worship in honor to God, and to cultivate prin- ciples of religion and virtue among our citizens. For this purpose, it will be your wisdom to lay an early foundation for endowing seminaries of learning; nor can you, I conceive, lay in a better, than by a grant of a sufficient tract of land, that may, as in other governments, hereafter, by lease or otherwise, raise a revenue sufficient to support such valuable institu- tions."
The backwardness of the House of Assembly, in taxing their constituents and themselves, gave the Governor and his Council sincere concern ; so much so, that the Council, on the 25th July, 1783, sent an address to the lower House, remonstrating against the smallness of the sum proposed in the tax- bill, " as inadequate to the great and pressing exigen- cies of this State," and suggesting "the absolute neces- sity of a sufficient, as well as speedy tax being laid upon the inhabitants of this State; or the government thereof must inevitably fall into extreme distress and confusion." The Council urged the House "to lay a tax of at least one-half a dollar on every negro, mu- latto, or other slave; and one-half dollar on every town-lot, in lieu of the quarter of a dollar mentioned
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in and by said bill." The House, however, did not agree with the Council; and, on the 31st July, passed a bill, imposing a tax "on every one hundred acres of land, one quarter of a dollar ; on every negro, mulatto, or slave, one quarter of a dollar; on every town-lot, the same; on every free negro, mulatto, or mestizo, one dollar; and on every male inhabitant, of the age of twenty-one, who does not follow some lawful pro- fession or mechanical trade, or who does not cultivate, or cause to be cultivated, five acres of land, two dollars."
The subject of confiscation and amercement, also occupied the attention of the Legislature, and its de- liberations were embodied in an ample and final law, passed on the 29th July.
The first act "for attainting the enemies of Ameri- can liberty with high treason, and for confiscating their estates, both real and personal, to the use of the State of Georgia," was enacted on the 1st March, 1778. By this bill, all persons residing in this State since the 19th April, 1775, " who have refused their allegiance to the governing powers of the same," were attainted and adjudged guilty of high treason against this State, and their estates, both real and personal, were declared forfeited and confiscated. The first section of this act recited one hundred and seventeen names, beginning with Sir James Wright. By the second section, any of the said persons returning to the State, or being taken in arms, shall be imprisoned and tried for high treason, and suffer death upon conviction. By the third section, the property of these persons was "to be discovered, and applied to the use of the good people of this State." The fifth section created
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" Boards of Commissioners in each county, to carry out the provisions of the third section." The remain- ing portions of this long act were taken up with the necessary details for carrying it into execution. In October of the same year, the Legislature repealed the terms of sale in this act, and made them more strin- gent. The same Legislature also passed "An Act to compel Non-Residents to return within a certain time, or, in default thereof, that their estates be confiscated." In 1782, certain persons, who, in the language of the preamble, had "withdrawn themselves from the de- fence of this State," "accepted protection from the enemy," " and, forgetting all the social ties of kindred and humanity, did assist in endeavoring to enforce the laws of British government, and overturn that mild and equitable system of government which they had assisted to raise, and which it was their duty to sup- port," were amerced; some twelve per cent., some eight per cent., "on the true and equitable value of all estates, both real and personal." A deduction from this percentage was to be made, in case any one of the amerced persons enlisted "any able-bodied soldier for the Continental battalion ;" though all the persons named in the act were disqualified from exercising any political rights for two years.
The act of confiscation was also made to apply to " all and every person and persons who shall now be, or may have been, within the British lines as British subjects." In May following, this act was enlarged, so as to embrace two hundred and eighty persons, all of whom were banished from the State within sixty days; or, if they remained, they were to be arrested and imprisoned, as guilty of felony ; and, on convic-
EXECUTIVE TROUBLES-LEGISLATIVE MOVEMENTS. 347
tion, "suffer death, without benefit of clergy." "A reasonable and temporary maintenance to the families of these persons" was, however, required of the Com- missioners appointed to carry out this act, " until the Legislature shall hereafter direct or order a fixed sup- port for the said families."
The Legislature of 1783 revised, and made more perfect in their details, these laws, settled the terms of sale and payment, provided for the expenditure of moneys so received, created a sinking fund to liquidate the State debt, adjusted the jurisdiction of the courts in reference to the sales, and appointed new Commis- sioners, viz., Charles Odingsells, Hugh Lawson, and Abram Ravolt.
By these acts, a large amount of property, both real and personal, was vested in the government of Georgia; and though, by subsequent repealing clauses, the names of many were taken from the laws confiscating or amercing their estates ; yet still negroes, plantations, horses, stock of various kinds, and to a large amount, fell into the hands of the Commissioners, and were sold for the benefit of the State. The confiscated property belonging to Sir James Wright alone was reported, by the Board of Agents of the American Loyalists,1 to have been worth nearly £34,000, or about $160,000; while many others, whose names appear on the attainting and confiscating list, were gentlemen possessed of large estates, real and per- sonal.
These laws of Georgia were enacted at the sugges- tion of the Continental Congress, and in accordance
1 Wilmot's Claims of American Loyalists. London, 1815; p. 47.
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GEORGIA AN INDEPENDENT STATE.
with the action of the other colonial Legislatures. By the laws of Massachusetts, as found in two bills, three hundred and thirty-seven persons were banished, and the estates of certain "notorious conspirators" confiscated. New Hampshire banished seventy-six of her inhabitants, and confiscated the estates of twenty- eight. In Rhode Island several acts were passed, sequestering and confiscating the property of the roy- alists. Connecticut also punished absentees and seekers after royal protection, by laws of varying dates and provisions. New York not only confiscated the estates of those friendly to the King, but laid a tax of nine pence per pound sterling on the estate of every parent whose son was an adherent of the enemy. New Jersey passed four laws in reference to the per- sons and property of traitors, fugitives, disaffected persons, and political offenders. In Pennsylvania, acts of attainder and confiscation were passed against ninety-eight persons, designated by name. Delaware ordered the property of forty-six adherents to the royal cause to be forfeited to the State. Maryland, by three statutes, confiscated all property belonging to persons holding allegiance to the crown. Virginia
made laws upon this subject, but less stringent than in some other colonies; declaring, however, that cer- tain persons should be treated as aliens, and their property be sold. The North Carolina confiscation act named over seventy persons; and South Carolina, dividing, at various stages of the war, the loyalists into four classes : Addressers (or those two hundred and ten who " addressed" Sir Henry Clinton, after the fall of Charleston, asking to be readmitted as British subjects), Petitioners (or those sixty-three who signed
EXECUTIVE TROUBLES-LEGISLATIVE MOVEMENTS. 349
a petition to Sir Henry to be enrolled and armed on the royal side), Congratulators (or those thirteen who congratulated Lord Cornwallis on the success of the British arms at Camden), and the Obnoxious (or four- teen others, banished " as obnoxious to the American cause"), passed stringent laws against each, stripping many of all their property, and attainting them with high treason against the State.
Georgia, therefore, harsh as her measures seemed, but acted in accordance with the suggestions of Con- gress, and the views of her sister colonies, in enacting her laws against the obnoxious loyalists.
So long as wars exist, and especially so long as such civil wars shall rage in a nation, causing the plough- share of party to cut its dividing furrows between those of the same household of political faith, and brethren of the same domestic hearthstone; so long will necessity, and the rules of war, plead for the jus- tice of such confiscations, attainders, and amercements. That many were unjustly condemned; that many were condemned without the privilege of a hearing; that many were enrolled among the attainted because they resided within certain limits, has been made evi- dent to all. Nearly fifty names were, by various rescinding acts of the several Legislatures of Georgia, between the years 1783 and 1800, withdrawn from the acts of confiscation and amercement; and several of these became ornaments to the bar and the senate of the State, which once proscribed them as traitors. Had Great Britain succeeded in the war, she would not only not have allowed any claim for rebel losses, but would have even confiscated all rebel estates, as the property of traitors to the crown.
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The English Government, as in duty bound, having by its acts of tyranny caused the war, and having, by its aggressions, made necessary, as a measure of self- defence, these banishments of persons and confiscations of estates, did something towards alleviating the suf- ferings of the thousands of loyalists who were thrown out of affluence and self-supporting occupations into idleness and want. Parliament appointed its com- mittees of inquiry on the claims of these loyalists, and its Commissioners to adjudge their losses; and the loyalists themselves organized a Board of Agents, of which Sir James Wright was made President, " both from his situation, age, activity, and zeal, as well as abilities and large property ;" whose business it was to press these claims to payment, and secure just indem- nification for their several losses. Up to 1790, over four thousand claims had been made upon these Parlia- mentary Commissioners, asking for nearly $40,000,000. The amount allowed, however, was only about $15,- 000,000. " After a long examination of his case, the committee reported Sir James Wright, Bart., to have rendered eminent services to Great Britain, to have lost real and personal property to the value of ££33,702, and his office of Governor, value £1000 per annum." Sir James did not long survive his political misfortunes, as he died in England in 1786, and was succeeded in his baronetcy by his eldest son, James, who bore till his death, in 1816, his father's title.
John Houstoun was elected Governor by the House of Assembly, on the 9th January, 1783. This gen- tleman was the son of Sir Patrick Houstoun; had been educated as a lawyer, and early took sides with the Liberty Party against the Royal Government. He
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