A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II, Part 26

Author: Stevens, William Bacon, 1815-1887
Publication date: 1847
Publisher: New-York : D. Appleton and Co.
Number of Pages: 538


USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II > Part 26


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In reply to the address of the Mayor and Aldermen, Washington said: "While the virtuous conduct of your citizens, whose patriotism braved all hardships of the late war, engaged my esteem, the distresses peculiar to the State of Georgia, after the peace, ex- cited my deepest regret." Such a well-deserved com- pliment, and such properly-expressed sympathy, was peculiarly grateful to Georgians, and made a deep im- pression on their minds.


Leaving Savannah, Washington, with his suite, journeyed to Augusta, the seat of government, under escort of a troop of horse sent by the Governor. He arrived there on the 18th May, and was met, five miles from town, by a large cavalcade of officers and citizens, with Governor Telfair at their head, who welcomed the President, in the name of the State, to its seat of government and to its cordial hospitalities. Two days after, the Governor presented a formal ad- dress to him in the State House. The affectionate and laudatory language of Governor Telfair expressed the general sentiment of the people; for the inhabi- tants of the upper counties vied with the lower, in


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testifying their appreciation of his august character. In the course of his reply to Governor Telfair, Wash- ington said : "I shall always retain the most pleasing remembrance of the polite and hospitable attentions which I have received in my tour through Georgia, and during my stay at the residence of your govern- ment."


The President left Georgia, on his return, on Satur- day morning, being accompanied to the bridge by the Governor and other officers; who there took leave of him, with all the civic and military ceremonies which the occasion demanded.


Under the working of the new Constitution; and sharing with the other States the advantages secured by the Federal Constitution; the political aspect of Georgia became more composed; and the judicious measures of Governor Telfair tended to augment the population, revenue, and reputation of the State. It was, however, no easy task to bring into order, and adjust to the satisfaction of all parties, inhabitants of such widely-separated districts, who had but little sympathy with each other's pursuits; but little inter- course with each other in social life; and who were but little accustomed to act together for a common end, irrespective of sectional interests; so that the legislation might be as broad as the boundaries of the State, and so nicely adapted to the wants of all, as that each should feel the benefits, and none the op- pression, of the common laws of the land. Still, with all the drawbacks arising from the want of homoge- neousness of material, harmony of industrial interests, and agreement as to the true policy to be pursued, in reference to the currency, the Indians, and the disposal


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of the unoccupied lands, the State steadily rose from the almost crushed position in which the war left it, and gave marked evidences of renewed activity and vigor.


The election of Governor for the term commencing in 1793 was a closely contested one. The three names, which the Constitution required should be presented to the Senate by the House of Representatives, were Edward Telfair, George Matthews, and Jared Irwin : Telfair receiving twenty-one votes, Irwin seventeen, and Matthews fifteen. The Senate chose George Mat- thews; and he was duly inaugurated, a second time, Governor of Georgia.


The record of Executive proceedings during this period is mostly occupied by orders and details as to the calling out, organizing, and posting the militia and other troops, for the protection of the State against the Indians and Spaniards; the former of whom were committing most barbarous ravages on the frontier settlers, and the latter trespassing upon the territory and rights of Georgia.


No other State had so much to impede its advance- ment, depress its energies, or so much frontier trouble to absorb its growing resources and harass its increas- ing population; yet, despite these impediments, the laying out of seven new counties in one year, was a cheering token of prosperity.


By several acts passed in 1793, a new county, called Hancock, after the President of the Continental Con- gress, whose name was first subscribed to the Declara- tion of Independence, was laid out from parts of Washington and Greene. Another county, to which, in honor of one of Georgia's bravest Revolutionary


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officers, was given the name of Scriven, was made out of Burke and Effingham. A third, comprising por- tions of Wilkes and some adjoining counties, was ยท named Warren, in honor of the hero of Bunker Hill. The fourth county was called Oglethorpe, and was originally comprised in Elbert and Greene. The fifth, destined to bear a name which Georgia has ever de- lighted to honor, and which is associated with her military annals from the time of Oglethorpe, the name of McIntosh, was laid off from Liberty County. The sixth, which was called Bryan, after the venerable and suffering patriot, Jonathan Bryan, was taken out of Chatham County. The last, named from the chivalric General Richard Montgomery, who was killed while leading the American troops against Quebec, was taken off from Washington County. In these counties new towns were established ; public buildings of various kinds were erected; and an impetus was given to in- dustry and enterprise which greatly tended to draw in settlers, and diffuse over a greater area the hitherto straitened population.


In order that he might understand more truly the real situation of the frontier settlements, and see, from actual inspection, what they needed for protection and defence, Governor Matthews, in January and Febru- ary, made an official tour through the northwestern frontiers, from Ward's Mill on the Tugaloo, to Carr's Bluff, on the Oconee ; a distance of about two hundred miles. He found a great part of this boundary line exposed to the Cherokee Indians, and nominally pro- tected by only two posts, occupied by the Federal troops. He communicated to the Secretary of War his views as to the necessities of this section ; and sug-


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gested, as his plan of defence, that there should be stations at every twenty miles, garrisoned by an offi- cer, sergeant, and sixteen privates ; half a troop of horse to be posted at each alternate station; who should perform a scout every day to the stations on each side; and thus he thought that by two troops of horse, and two companies of infantry, he could cover the distance of one hundred and seventy or one hun- dred and eighty miles on the Cherokee frontier. Along the more thinly settled outskirts, on the south- western frontier, bordering on the Creek nations, he suggested a larger number of men, as being needed to garrison the forts and protect the settlers.


The suggestions of Governor Matthews were only partially complied with. His letters to the Secretary of War were strong, earnest, and at times bore hard upon Congress and the President ; and his indignation was quite aroused, when he contrasted the lavish ex- penditure of men and means on the northwestern frontier, in comparison with the stinted aid furnished to the equally exposed border lands of the South.


The firmness and promptness of Governor Matthews were well tested, by the illegal and dangerous conduct of General Elijah Clarke, in attempting to establish a settlement on lands reserved for the Indians, on the southwest side of the Oconee River. General Clarke had been one of the most active officers in Georgia; and had given evidence of his military qualities on several marked occasions. But when he found that the treaty which General Twiggs and himself had made with the Creek Indians, in 1785, was set aside, and new boun- daries, less advantageous to the State, were declared by the treaty which was concluded with this tribe at


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New York in 1790, between the President, represented by General H. Knox, Secretary for the Department of War; and Alexander McGillivray, representing the various branches of the Creek nation, on the other; he became greatly incensed, and determined to take for- cible possession of the territory, which he conceived had been so improperly surrendered. Such was the military popularity of General Clark, though quite illiterate, and uncouth in his manners, that no sooner did he make known his plan than many restless adventurers joined his standard and marched with him across the Oconee, and planted themselves on the ceded lands.


It was in May, 1794, that Governor Matthews learned of the existence of this settlement, which he supposed to consist of adventurers "who had em- barked in the French interest, and that in a short time they would of themselves disperse."


So soon as he was undeceived on this point, he or- dered General Irwin, on the 20th May, "to direct the settlers immediately to remove;" and he was soon after informed that they had complied with his re- quest. In the meantime, the President had taken prompt measures to terminate this illegal settlement. General Knox, the Secretary of War, wrote to the Governor of Georgia, on the 14th of May, urging that the most " effectual measures be taken to prevent en- tirely the expedition, and bring to punishment the authors, actors, and abettors; otherwise the United States may become responsible for the consequences." Lieutenant-Colonel Gaither, of the army, was also au- thorized to co-operate with the Executive of Georgia, in such way as would best secure the desired end.


On the 14th of July, Governor Matthews learned, VOL. II. 26


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through Colonel Gaither, that General Clark had en- camped with a party of men on the southwest side of the Oconee, opposite to Fort Fidius. Being requested by General Irwin, on the part of Georgia, to remove, he positively refused; and, on the 28th of July, the Governor issued his proclamation, as follows :-


" Whereas, I have received official information that Elijah Clark, Esq., late a Major-General of the militia of this State, has gone over the Oconee River, with intent to establish a separate and independent govern- ment on the lands allotted to the Indians for their hunting-grounds, within the boundaries and juris- dictional rights of the State of Georgia, aforesaid, and has induced numbers of the good citizens of the said State to join him in the said unlawful enterprise.


" And whereas such acts and proceedings are not only a violation of the laws of this State, but tend to sub- vert the good order and government thereof; I have therefore thought fit to issue this, my proclamation, warning and forbidding the citizens of the said State from engaging in such unlawful proceedings, hereby strictly enjoining all persons whatsoever, who have been deluded to engage therein, immediately to desist therefrom, as they will answer the contrary at their peril.


"And I do further strictly command and require all judges, justices, sheriffs, and other officers, and all other good citizens of this State, to be diligent in aid- ing and assisting in apprehending the said Elijah Clark and his adherents, in order that they may severally be brought to justice."


Clark accordingly surrendered himself to the au- thorities in Wilkes County, who, as they stated, "pro-


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ceeded to the most mature consideration of the cause, and after an examination of the laws of the State, and the treaties made and laws passed by the United States, do give it as our decided unanimous opinion, that the said Elijah Clark be, and is hereby, discharged."


The effect of this discharge was to embolden Clark and his partisans; and the President authorized the Governor to embody the militia and call in the aid of the Federal troops if necessary, in order to disperse the settlers.


The designs of Clark became quite popular, and it was believed by many that the militia would not march against him. Accordingly, the insurgents pressed for- ward their operations, established a fort called Fort Advance, built houses, and began a regular and inde- pendent settlement.


A Committee of Safety was appointed, a board of officers elected, of which E. Bradley was president, while Clark was chosen the major-general and com- mander-in-chief of the settlement. Several garrisons, within communicating distances, were established, mili- tary stores were obtained, and the most determined resolutions taken to sustain the undertaking. "I am determinedly fixed," says General Clark, writing to Colonel Walton, " to risk everything with my life upon the issue, and for the success of the enterprise."


Before Governor Matthews, in accordance with pre- sidential instructions, resorted to force, he once more tried the effect of negotiation, and sent Generals Twiggs and Irwin to Fort Advance; and General Gunn and Mr. Carnes had also an interview with Clark at George- town. "I proceeded," says General Twiggs in his of- ficial report to the Governor, "to the unauthorized


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settlements on the southwest side of the Oconee River, and in the presence of General E. Clark and his party, I read the letter from the War Department to your Ex- cellency, together with Judge Walton's charge to the grand jury of Richmond County, and the law opinion of the attorney and solicitor-general. After a full explanation of the papers above recited, I entered into a friendly conference with E. Clark and his adherents, pointing out to them the danger of their enterprise without the sanction of the State. Notwithstanding all the arguments which could be advanced, they still persisted in their undertaking. Lastly, finding nothing could be done with them, I ordered them to remove within the temporary line between us and the Creek Indians. General Clark called on his officers to collect the opinion of their men, which they did, and gave me for answer that they should maintain their ground at the risk of their lives." Troops, both State and Federal, were therefore concentrated at Fort Fidius, on the Oconee; and such a disposition made of them, and such demonstrations of determination and force by them, that General Clark, upon the promise from Ge- neral Irwin, " that if he would evacuate the post, him- self and his men should be protected in their persons and property," marched out of the place, and the State troops took possession of the works. On the 28th of September they were set on fire, and together with Fort Defiance, another of Clark's posts, and several other garrisoned places, were completely demolished.


On the 12th of October, 1794, the Governor could write to the Secretary of War, " The posts are all burnt and destroyed, and the whole business happily terminated without the loss of blood."


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The conduct of General Clark in this affair was reprehensible in the highest degree. It was a viola- tion of the rights of Georgia, of the Indian nation, and of the United States, which had pledged its faith to the Indian tribes to secure their lands from occupation and intrusion. The plea that the grand jury of Wilkes had declared the treaty at New York inoperative, and the proclamation of Governor Matthews illegal, was a mere subterfuge; as these justices being in the inte- rests of Clark, acted without proper power, and dis- charged their prisoner without due regard to the in- terests of the State which they were sworn to protect.


The misconduct of General Clark did not cease with the termination of this expedition. Irritated by the failure of his designs in making a settlement at Fort Advance, and condemned by all right-thinking men for his unwarrantable course, he was placed in a condition to be approached by those, who, stimulated by sym- pathy with the French in their revolutionary proceed- ings, and sharing with them a hatred of the Spanish nation, had organized a party called the "Sans Cu- lottes," to annoy the Spaniards, and to do other things contrary to the laws of the United States.


General Clark joined this party, and received a com- mission as major-general, with a pay of $10,000, in the French service. With a band of adventurers, he made incursions into the territory of his Catholic Ma- jesty in Florida, and established his camp at a place called Temple, on the St. Mary's, in the fall of 1795. The French consul in this State, Citizen Swares, dis- owned any connection with Clark, assured Captain Tauche, who was detailed to operate against Clark, that he had no French commission, and that "if the


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French Convention had a lien on the Floridas, they well knew how to plan and execute without involving neutral powers."3


The only result of General Clark's movements was to seriously disturb the harmony and peace which per- vaded the southern boundaries of Georgia, commit many wanton depredations, and then be compelled to abandon all his schemes and return to Georgia, hum- bled, defeated, and disgraced.


The 7th section of the 4th article of the Constitution directed that " at the general election for members of Assembly in the year 1794, the electors in each county shall elect three persons to represent them in a con- vention for the purpose of taking into consideration the alterations necessary to be made in this Constitu- tion."


Agreeably to the provisions of this section, a con- vention met at Louisville, in Jefferson County, in May, 1795, and was organized by electing Noble Wimberly Jones, President, and Thomas Johnson, Secretary. This body continued in session two weeks, and most of this time was spent in debates upon the rate of ap- portioning senators and representatives,-the contest being between the lower district and the upper. It was finally settled that the lower counties, consisting of Camden, Glynn, McIntosh, Liberty, Bryan, Chat- ham, Effingham, Scriven, Burke, and Montgomery, should have twenty-five members; and the upper dis- trict, made up of the counties of Richmond, Columbia, Wilkes, Elbert, Franklin, Oglethorpe, Greene, Han- cock, Washington, and Warren, should have twenty-


3 Tauche's letter to Governor Matthews, 1st October, 1795.


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six members; each county having, as before, one senator.


This body, after an excited but rather unprofitable session, adjourned on the 16th of May, having ordained and established six articles " as additions and amend- ments to the present Constitution, to take effect and be in full force on the first Monday in October next." The principal articles were, that the senators were to be cho- sen annually instead of triennially ; all elections to be made by the General Assembly, were to be by joint ballot of both Houses ; a new apportionment was made of representatives; the Assembly was to meet annu- ally on the second Tuesday in January, instead of the first Monday in November; the seat of government was to be removed from Augusta to Louisville; and provision was made for further alterations of the Con- stitution in the year 1798.


The change which the Convention made in the time of the meeting of the General Assembly, caused, at the time, no little excitement, and but for the judicious conduct of the friends of order, might have resulted in most serious consequences.


Governor Matthews had been elected by the As- sembly on the 7th of November, 1793, agreeably to the 2d section of the 2d article of the Constitution ; and by the Ist section of that article, his term expired on the 6th of November, 1795. The Convention made no provision for his holding over until the meeting of the next Assembly; and therefore, by many it was conceived that Georgia was now without an Executive; and government, so far as it depended on a Governor, was at an end, until the election should be held in the January following.


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Had this emergency occurred at any other time, it might scarcely have been noticed ; but then the whole State was excited in reference to the speculations which were going on in western lands, and the bill which had recently passed the Legislature; and every occa- sion of advancing the interest of these land compa- nies, which had been organized for the purchase of the western territory of Georgia, was eagerly seized upon and turned to their advantage.


On the 9th of November, 1795, a letter was ad- dressed to General John Twiggs, by James McNeil, in behalf of his fellow-citizens, in which he states that they had consulted on the subject, and, " viewing with the deepest regret the political condition in which the government is placed by the late Convention, from the 6th of this instant to the 11th of January next, and doubting the civil authority, conceive that they are under a military government, or that they have a right to assume the reins of government until the meeting of the Legislature." He then requests General Twiggs, "inasmuch as the Governor did not exercise the con- stitutional power given him to convene the Assembly on extraordinary occasions," as the oldest Major-Ge- neral, to " convene the Legislature at as early a period as possible, to quiet the minds of my fellow-citizens, and retain that order and harmony which is indis- pensably necessary in all well-regulated governments." Some of the most respectable inhabitants of Columbia County also signed a paper, in which they say : " Con- ceiving the situation of this State at present to be alarming, and that some measures ought to be taken without delay to prevent impending evils, we, whose names are underwritten, will concur in such steps as


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may be taken to convene the Legislature at as early a period as may be." General Twiggs consulted with General Jackson on the subject, and his letter gives striking evidence of the intense desire of the people of the upper counties that he should act according to their wishes. But he prudently declined; and while the people were discussing the exciting questions of the day, the second Tuesday in January, 1796, arrived, the Legislature met, Jared Irwin was elected Governor, and the momentarily impeded government was again set in full operation. A more inflammable, or a less law- abiding people, would, in these two months, under the influences which were then at work, have set in motion, if not carried to completion, agencies which would have overturned the government and given up the State to anarchy and misrule.


CHAPTER IV.


SETTLEMENT OF INDIAN AFFAIRS.


NEXT to the troubles incident to the war with Great Britain, were those which arose between Georgia and the Indian tribes.


To give a history of these Indian difficulties, the various turns in their treaties and negotiations, the skirmishing-like warfare so long kept up on the fron- tier, and the many harrowing details of massacre, cruelty, and destruction, which were perpetrated in the white man's settlements, would require more space than can be given to such detail; and therefore much must be left untold, and much more be left to the imagination, while the historian sketches a brief and confessedly incomplete outline of events connected with the Indian affairs of Georgia.


So soon as a war with the American Colonies ap- peared inevitable, measures were at once taken to se- cure the Indian tribes on the side of Great Britain, and we have already seen some of the proceedings of the Indian agents towards effecting this end.


The Indians were unable to comprehend the princi- ples involved in the Revolutionary struggles, or the policy pursued by ministry and commanders in con- ducting the war. When they took sides with England,


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it was for gold, plunder, and personal interest; and the aim of the British agents was directed to stimu- lating such passions in their breasts as would make them most full of hatred towards the Americans, and most anxious to glut their passions for pelf and blood.


When the war with Great Britain was brought to a close, the assiduous attentions of the Indian agents towards the southern tribes ceased. They suddenly withdrew themselves from the nations, or remained to stir up trouble and inflame desires for further carnage. In the pacificatory measures which transpired between the Americans and English, the Indians were left un- pacified, and their causes of grievance unredressed ; and thus, as the ocean continues to heave and roll long after the storm which vexed it has passed away, so there remained in Georgia many disturbances originated by English machinations, and still showing their evil results, though the exciting cause had long since been removed by the treaty of 1783.


Many Tories and traders found it to their interest to keep up the hostile attitude of the frontier tribes, with a view to private revenge for losses in the war, or for personal aggrandizement, by monopolizing the trade or lands of the Indians.


A party of these men, just at the conclusion of the Revolutionary war, met together, and formed a settle- ment on the Etowah River, at the mouth of Long- swamp Creek, in Cherokee County, and near to the Indian town of that name.




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