USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II > Part 25
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In Matthews Sevier found a warm friend; and he sought to make the ties more lasting, by commissioning
7 The Annals of Tennessee, by J. G. M. Ramsey, A.M., M.D. Philadel- phia, 1853.
8 Original letter-book of Governor Telfair.
EXECUTIVE TROUBLES-LEGISLATIVE MOVEMENTS. 381
Major Cæsar Augustus George Elholm to visit Georgia, and lay before the Governor and Assembly the affairs of the State of Franklin. This gentleman, a Pole by birth, an officer in Pulaski's legion, who had fought for Georgia in the siege of Savannah, and distinguished himself with Colonel White in one of the most daring pieces of strategy during the war, on the Ogeechee River, so ingratiated himself with Governor Matthews and the Legislature, that he was received by the Exe- cutive Council with marks of honor; was invited to a seat in their meetings, and so imparted his own en- thusiasm to those around him, that "Success to the State of Franklin" was a reigning toast.
On the 3d February, 1787, the committee of the Assembly to whom had been referred Governor Se- vier's letter, recommended to the House "that his honor the Governor inform the Hon. John Sevier, Esq., of the sense this State entertains of their friendly intentions to aid in the adjustment of all matters in dispute between us and the hostile tribes of Creek Indians;" that Major Elholm is "a person entitled to the thanks and attention of the Legisla- ture ;" and they recommend that "the Governor give a substantial evidence of their appreciation of him, by a gratuity of £50.
When, later in the year, Governor Sevier sought to prop up his declining government, he despatched Major Elholm a second time to Georgia, with plenary powers, to secure Governor Matthews's mediation be- tween Franklin and the parent State of North Caro- lina; and when the various papers directed to Governor Matthews and the Speaker of the House were laid before the Legislature, Major Elholm was requested,
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by the Executive Council, to sketch out a plan of ope- rations for the suppression of Creek hostilities. He told them that Franklin " would move in concert with the operations of your military forces, against our common enemy; and for that purpose a detachment of upwards of a thousand men, well accoutred, now waits your Excellency's chief movements and com- mand."
The Assembly passed a law to raise three thousand men, and empowered the Executive to call for fifteen hundred more from Franklin. They also, as suggested by Major Elholm, granted the land in what is called the bend of the Tennessee, or that portion of the northern part of Alabama between the Tennessee River and the southern line of the State of Tennessee, to the officers and men from Franklin who did mili- tary duty in this movement against their common enemy. Lieutenant-Colonel George Handly was de- puted by the Governor to return to Franklin with Major Elholm, and to act as Commissioner on the part of Georgia, in the preparations then going on for active exertions in the field.
The field, however, was never taken. The recruit- ing of troops in Georgia, to form its army of three thousand, was stopped, by the appointment of Com- missioners from the United States to treat with the Indians; and the desire of making one more effort for peace, before the State was compelled to proceed to the last resort, a declaration of war.
Pending these negotiations, the State of Franklin ceased to exist as a body politic. Governor Sevier had subsided into a private citizen of North Carolina; and Governor Matthews, having finished his guberna-
EXECUTIVE TROUBLES-LEGISLATIVE MOVEMENTS. 383
torial term, retired also into private life, leaving the reins of government in the hands of George Handly, the nephew-in-law of General Elbert; a soldier of prowess and a civil officer of merit, who, on the 25th January, 1788, was elected Governor of Georgia. Prior to his election, however, the Assembly had, on the 9th of January, chosen General James Jackson as Governor. General Jackson was then but thirty years of age; yet had he so distinguished himself in the field and at the Bar, that, unsolicited, this honor was conferred upon him by a large majority of the House. " To the astonishment of his friends, who believed him to be influenced by an ambition not easily satiated with public honors, General Jackson modestly refused an office, which he did not think his age or experience entitled him to. He confessed, with great candor, that such an office was too weighty for his shoulders ; and that no honest patriot would assume the duties of an appointment which he had not the talents to dis- charge."
9 Life of Major-General James Jackson, by T. U. P. Charlton, pt. i, Augusta, 1809.
CHAPTER III.
REVISING THE CONSTITUTION-GENERAL CLARKE'S SETTLEMENT.
IN 1785, the State of South Carolina petitioned Congress, stating that differences existed between itself and Georgia, concerning its boundaries; the said States respectively claiming the same territories; in particular, that South Carolina claimed the lands lying between the line of North Carolina and a line to be run due west from the mouth of the Tugaloo River to the Mississippi; because "the River Savannah loses its name at the mouth of the Tugaloo." South Caro- lina also claimed " all the lands lying between a line to be drawn from the head of the St. Mary, the head of the Alatamaha, the Mississippi, and Florida ;" which last-mentioned tract was also claimed by Georgia; and praying Congress for a hearing and determination of these respective claims. That body, on the 1st June, 1785, assigned the 8th May, 1786, for the appearance of the said States, by their Agents, and to proceed in the premises.1
When that day arrived, the subject was again post- poned until the 15th. It was not, however, until the 4th September, 1786, that the Agents of the States
1 Journal of Congress, x, 190.
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attended, and produced their credentials for adjusting this difficulty. The Agents representing South Caro- lina were John Kean, Charles Pinckney, and John Bull; those representing Georgia, being William Houstoun, George Walton, and William Few. Con- gress then resolved, that these Agents might appoint, by joint consent, commissioners or judges, to constitute a court for hearing and determining the matter in question, agreeably to the ninth article of the Con- federation. As these gentlemen could not, in conse- quence of certain difficulties, arrange for this court, Congress, at their request, selected three persons from each of the United States, and from this number nine were finally taken by lot, viz., Alexander Contee Han- son, James Madison, Robert Goldsborough, James Duane, Philemon Dickinson, John Dickinson, Thomas Mckean, Egbert Benson, William Pynchon; and these were constituted the Court. This Court were directed to meet in New York, on the third Monday in June, 1787. In the mean time, however, the two States, being desirous of an amicable adjustment of their disputes, severally appointed Commissioners- Charles Cotesworth Pinckney, Andrew Pickens, and Pierce Butler, being selected to represent South Caro- lina ; and John Houstoun, John Habersham, and Lachlan McIntosh, to represent Georgia; to meet at Beaufort, in South Carolina, on the 24th April, 1787, and there, if possible, settle the question of claims and boundaries.
After a session of several days, and a full under- standing of all the points at issue, the Commissioners agreed to six articles; by which all the lands lying north of a line drawn due west from the head of the VOL. II. 25
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most northern branch of the Tugaloo to the Mississippi, were by Georgia yielded to South Carolina; and all the lands claimed by South Carolina lying eastward, southward, southeastward, and westward of a line drawn from the head of the most northerly branch of the Tugaloo west to the Mississippi, were relinquished to the State of Georgia.
This treaty was unanimously ratified by Congress, on the 9th August of the same year; and these agree- ments were also confirmed in February, 1788, by a ratifying act passed by the Legislature of Georgia. Thus this dispute was amicably settled, and one source of irritation between these sister States was removed.
The year 1788 was rendered still further memorable in Georgia, as within it Georgia signified her approval of the Federal Constitution, and took initiatory mea- sures for establishing a new Constitution for herself.
The Continental Congress, on the 21st February, 1787, adopted a resolution, declaring the expediency of calling a Convention, "for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress, and the several Legislatures, such alterations and provisions therein as shall, when agreed to in Congress, and confirmed by the States, render the Federal Constitution adequate to the exi- gencies of government and the preservation of the Union."? Georgia saw the necessity, and approved the plan, of a general Convention ; and appointed as dele- gates to this body, William Few, Abram Baldwin, William Pierce, George Walton, William Houstoun, and Nathaniel Pendleton.
2 Journal of Federal Convention. Boston, 1819 ; p. 6.
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The Hon. William Few was the only delegate from Georgia present at the opening of the Convention, on the 25th May. Major Pierce took his seat on the 31st May ; William Houstoun, on the 1st June; and Abram Baldwin, on the 11th June. Messrs. Walton and Pendleton did not attend. Of these members, Mr. Baldwin took the most prominent part; and he only, with Colonel Few, signed the draft of the Constitution, as it was proposed for ratification to the several States, on the 17th September, 1787.
Agreeably to the request of the Congress of the Confederation, the Legislature of Georgia, on the 26th October, called a Convention, to meet at Augusta on the fourth Tuesday in December, to consider the pro- posed Constitution, "and to adopt or reject any part, or the whole thereof." This Convention was com- posed of the leading men of the State; and John Wereat was elected its President. After due conside- ration of its several articles and provisions, the Con- vention did unanimously, and without proposing any amendments, on the 2d January, 1788, " fully and entirely assent to, ratify, and adopt the proposed Con- stitution ;" and, as the last name was signed to the ratification, the good news was announced by a salute of thirteen guns, fired by a detachment of Colonel Armstrong's regiment, stationed for that purpose op- posite the State House.
Georgia was the fourth State to ratify this great instrument, which gave shape and permanence to a government, for which the Americans had been strug- gling against oppression for twenty-five years ; and to reach which desirable end, they had wet the soil of every colony with blood during the war of the Revo-
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lution. In reference to this prompt action on the part of Georgia, President Wereat, as the official organ of the Convention, writing to Congress, says : "We hope that the ready compliance of this State with the recommendations of Congress, and of the late National Convention, will tend not only to consolidate the Union, but promote the happiness of our common country."
It was also found necessary, in order to bring the State Government into harmonious action with the new Constitution, and to remedy certain defects expe- rienced in the practical workings of the State Constitu- tion, under which the Government of Georgia had been working since 1777, to revise that instrument, or construct a new one. Accordingly, the Legislature, on the 30th of January, 1788, resolved, "that they would proceed to name three fit and discreet persons from each county, to be convened at Augusta, by the Executive, as soon as may be after official information is received that nine States have accepted the Federal Constitution ; and a majority of them shall proceed to take under their consideration the alterations and amendments that are necessary to be made in the Constitution of this State, and to arrange, digest, and alter the same, in such manner as, in their judgment, will be most consistent with the interest and safety, and best secure the rights and liberties to the citizens thereof."
On the 6th of October, the official letter of the Sec- retary of Congress, stating that nine States had ac- cepted the Constitution, was laid before the Executive Council ; and, accordingly, Governor Handly called the members nominated and appointed by the Legisla-
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ture, to meet at Augusta, on the 4th of November, "in order to carry the aforesaid resolutions of the General Assembly into execution." The Legislature was called, by proclamation of the Governor, to meet at the same time ; this earlier period than usual being designated because, by a resolution of Congress, Elec- tors for the first President and Vice-President of the United States were to be chosen in each State on the first Wednesday in January, and were to meet and cast their ballots for these officers on the first Wednes- day in February, so that the new Government under the Federal Constitution might go into operation on Wednesday, the 4th March, 1789. It was necessary, therefore, that the Legislature should provide a way for the choice of these Electors, which it could not do, if the matter was delayed to its usual time of meeting.
The Convention nominated by the Legislature for the revision of the Constitution met and organized, by choosing Governor Handly, who sat as a member from Glynn County, as President, and James M. Simmons, Secretary. The counties of Chatham, Effingham, Burke, Richmond, Wilkes, Glynn, Camden, Washing- ton, Franklin, and Greene, were represented by two or more members; and, after what they term "serious consideration " and " mature deliberation," they agreed to and signed a form, on the 24th November, which, by order of the House of Assembly, was printed; and five hundred copies thereof were to be "sent by the Executive to the different counties, and distributed among the justices and field-officers of the militia, to be communicated to the people for their consideration." The work done by this Convention was, however, to be revised by another body, created by a resolution of
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the General Assembly, composed of three persons from each county, chosen by the inhabitants thereof, on the first Tuesday in December, who were to meet at Au- gusta, on the 4th day of January, 1789, " vested with full power, and for the sole purpose, of adopting and ratifying, or rejecting," the Constitution framed by the Convention appointed by the Legislature.
The second Convention met in January, and pro- posed certain alterations to the form laid before them. These, by direction of the General Assembly, were also made known to the people; and Governor Wal- ton was directed to call a third Convention, " to adopt the said original plan or form of government, with or without, all or any, of the alterations contained and expressed in the said after-plan of January last."
This Convention met in the Town Hall in Augusta, on the 4th May; considered the several articles and plans before them, and on the 6th, having accom- plished the work, waited in a body upon the Governor in the Council Chamber; and the President, William Gibbons, of Savannah, delivered into his hands the Constitution which they had adopted, with a request that he would be pleased to deposit the original in the archives of the State, and cause it to be promulgated to the people. Governor Walton replied :-
" Mr. President and gentlemen of the Convention,- The Constitution for the government of this State, which you now deliver to me, shall have the great seal affixed to it, and be deposited in the office of the Secretary of the State. It shall be announced to the people at large by proclamation, and a sufficient num- ber of copies printed for the use of the several coun- ties. I hope and believe that it will be productive of
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public good and happiness, the objects of government and of society."
The act of formally accepting the new Constitution by the Governor from Mr. Gibbons, the President of the Convention, was announced to the town by a salute of eleven guns, in honor of the eleven States which had thus far acceded to the Constitution of the United States.
This Constitution, which was nearly identical with that framed by the first Convention, in November, 1788, was a great improvement on the Articles of 1777, and showed how much the people had been taught political wisdom by the experience of eleven years of self-government. Several organic changes were also introduced, as to the constitution of the General Assembly, the election of Governor, the military organizations of the several counties, and of the law courts and proceedings therein ; all, however, for the good of the State, and to make the instrument more conformable to the Federal Constitu- tion.
The new Constitution was to take effect and be in full force on the first Monday of October, 1789, when the elections for senators and representatives, pre- scribed by the second and third sections of Article First were to be held.
The first General Assembly under the new Consti- tution met on the 3d November following; and orga- nized, by the election of Seaborn Jones as Speaker of the House of Representatives, and Nathan Brownson as President of the Senate.
The next day, agreeably to the provisions of the second section, Article II, of the Constitution, the
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General Assembly proceeded to the election of a Go- vernor. The House of Representatives balloted for three persons, and sent to the Senate the number of votes cast for each; the Senators then cast their ballots, which, when counted, were equally divided between Edward Telfair and John Houstoun. On the 9th November, the Senate again balloted, and unani- mously elected Edward Telfair.
The inauguration took place in the House of Repre- sentatives, on Wednesday, the 11th November. The Governor elect; Governor Walton, and the now ex- piring body, the Executive Council ; together with the Senate, accompanied by the Secretary of State, bearing the great seal, entered the legislative hall, where the oath prescribed by the Constitution was administered by Robert Forsyth, one of the Justices of the county of Richmond; and Edward Telfair was declared the first Governor under the new Constitution.
The House of Representatives on the same day, through a committee, presented an address to his Ex- cellency, congratulating him on his appointment, com- mending the new Constitution, and assuring him, "that in all their deliberations they will steadily endeavor to keep in view the public good."
A few days after his inauguration, Governor Tel- fair sent a message to the Assembly, pointing out the necessity of certain additional laws, in order to carry into full effect the provisions of the new Consti- tution. He also urged upon the Assembly the neces- sity for laying a tax upon the people for the support of the Government; of reform in the Judiciary depart- ment; of a revision of the land act; and of adopting such measures as would give security to the frontier settlements.
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REVISING THE CONSTITUTION.
Scarcely had they entered upon the consideration of these important topics, before they were agreeably in- terrupted, in order to keep, with all the people of the United States, their first national thanksgiving, since the adoption of the Federal Constitution.
On the 3d October, the General Congress, sitting in New York, had appointed Thursday, the 26th No- vember, to be set apart as a day of public thanksgiv- ing and prayer, in order that the people of the land might acknowledge, "with grateful hearts, the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness." Washington, with a heart ever responsive to such pious emotions, issued his proclamation for the obser- vance of the day; and the General Assembly of Georgia, with commendable promptness, resolved, on the 16th November, that they would, "on Thursday the 26th instant, attend divine service, agreeably to the proclamation of the President of the United States ;" and the Rev. Mr. Palmer, then officiating in St. Paul's, Augusta, was "requested to prepare a dis- course and form of prayer suitable to the occasion."
At the appointed time, the General Assembly met at the State House, at 10 o'clock A.M., and there, being joined by the Governor, the clergymen, and the officers of State, a procession was formed and marched to St. Paul's Church, where the services and dis- course were listened to with great attention; and the thanks of the Assembly were subsequently presented to Mr. Palmer, " for the well-adapted sermon preached by him on the occasion."
It is interesting to find this most distant member of
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the Union so ready, through her legislative Assembly, to respond to the resolution of Congress, and to meet her sister States around the altar upon which the reli- gious sentiment of the people would lay its tribute of national praise and thanksgiving.
On the 8th December, 1790, the Legislature divided the State into three Congressional districts; directing that the counties of Camden, Glynn, Liberty, Chatham, and Effingham, shall compose the lower district; the counties of Burke, Richmond, and Washington, shall compose the middle district; and the counties of Wilkes, Franklin, and Greene, the upper district; and the first Monday in January was appointed as the day for the election of representatives to Congress. The elec- tions were accordingly held, and James Jackson was chosen for the lower district, Abram Baldwin for the middle, and George Matthews for the upper district.
Thus the new Constitution was carried out in nearly all its provisions, and the Government, under the judi- cious management of Governor Telfair, was becoming gradually strengthened and consolidated. There were still, however, many dangers threatening the State from the French and Spanish governments on the south and west; and evils of no ordinary character marred the harmony of the legislative councils, and impeded the free action of the constituted authorities of the State. The subject of the finances of the State, so complicated by reason of the various issues of paper bills, their depreciation, and the different kinds of cer- tificates presented at the Treasury, was full of embar- rassment ; for it was no easy matter to settle the eight years' accounts of troops, constituted as the American army was; operating in so many States, called out
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under such various proclamations, and receiving in payment so many different kinds of bills or certifi- cates. Governor Telfair, however, brought to the subject his great experience in financial matters, and was enabled to arrange the operations of the Treasury upon a well-adjusted plan, by which the State indebt- edness could be fully known, and provision for its liqui- dation be judiciously made.
The unsatisfactory relations which subsisted be- tween the State and the Indians within and near its borders ; the beginning of a conflict with the General Government as to the right of jurisdiction over the Indians, and the lands ceded by them; and the rise and early development of systematized schemes for stripping the State of its unoccupied territory by or- ganized associations of land speculators ; were causes of great disquiet to the Governor, and gave constant employment to his mind and energies.
In the midst of these passing cares, the Governor and the citizens of Georgia were privileged to welcome to their State the illustrious Washington.
On his accession to the Presidency, in 1789, the General Assembly presented him with a congratulatory address, to which he gave a suitable reply; but the people, who had thus approached him through their representatives, were now permitted to see and hear him, and give him such a welcome as was due to the Chief Magistrate of the Republic.
The President reached Savannah on the 13th May, 1791, and was received by the civil and military au- thorities of the town, with all the display and honors which it was possible for them to bestow. The occa- sion was one which drew to Savannah persons from
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the line of the seaboard and the surrounding counties, as all the citizens within reach were anxious, by their presence and congratulations, to testify their respect for the Chief Magistrate of the land. The papers of the day present a glowing account of the proceedings consequent on his visit; and evince the exhilarating effect produced upon the people by beholding one to whom had been confided the management of the war of the Revolution; and on whom had been devolved the onerous work of presiding over the Government of his country.
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