USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II > Part 4
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appoint Mr. Cumberland ; but they refused, and gave the place to Mr. Samuel Grath, agent for the Province of South Carolina; but the Governor and Council de- clined to recognize him, and used their influence to prevent his being accredited as agent by any of the Boards in London. In this they were right, and the lower House of Assembly wrong; for certainly it was impossible that the same agent for contiguous pro- vinces, between which, causes of altercation sometimes arose (and in the present instance were actually pend- ing), could be impartial to either without meeting opposition from both. But such was the zeal of the Commons for the upholding of their prerogative, that no consideration weighed when a compromise of that was required. Having thus thwarted the Governor, and in a variety of ways evinced their contempt of the authority of Parliament, they presented a peti- tion to the Governor desiring " that he would dissolve them," thereby hoping that by the new election which would ensue, a still larger majority of liberal delegates would be returned, the political strength of the existing House being seven " Royalists" and eighteen " Liberty Boys."
These proceedings were immediately represented to the King; and in reply, the Earl of Shelburne, his majesty's principal Secretary of State for the Southern Colonies, wrote to Governor Wright : " It is scarce pos- sible to conceive to what motives to attribute a conduct so infatuated, in a province lately erected, which has been so singularly favored and protected by the mother country." "And I have it," says the Earl, "in com- mand from his majesty, to inform you that he expects and requires the Commons House of Assembly of
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Georgia will render an exact and complete obedience, in all respects whatever, to the terms of the Mutiny Act." To punish the Assembly for their conduct, General Gage withdrew all the troops from the pro- vince, thus leaving the fort unmanned, and the settle- ment without defence.
This was a chastisement, as arbitrary as it was severe; but it was a two-edged sword; for while the people complained of it, as exposing them to the mercy of their slave population, and the attacks of the In- dians, whose hostile intentions had already been strongly evinced, the Governor also lamented the measure, as cutting him off from the only means whereby to enforce his majesty's authority ; and so the matter, at the next session, was mutually and happily adjusted.
While, however, Georgia, in common with other colonies, suffered under the evil legislation of Parlia- ment, she had grievances peculiar to herself, which greatly increased her opposition to the mother coun- try. To facilitate the operations of trade, provincial paper, to the amount of £7410, had been issued by act of Assembly, in 1761, which bills were current at par, both in Georgia and Florida. The merchants and traders, finding this sum insufficient for mercantile pur- poses, now petitioned both houses for relief " from the want of a sufficient currency in a province where, by the peculiar situation of its commerce and produce, they are precluded from the advantage of receiving any quantity of bullion, or retaining what little they may receive." It was proposed, therefore, to recall the old emission, and issue new paper to the amount of £20,000. But the Governor, though he thought the
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present bills of credit too limited, also thought that the sum of £20,000 was too large, believing that £12,000 would meet the emergency ; as every hundred pounds more of paper currency than is really neces- sary for the daily or common occurrences, would prove injurious, by depreciating its value and increasing the rate of exchange, and would prevent the circulation of sterling money, and produce a fictitious wealth, which the intrinsic condition of the colony could not by any means support. His counsel, however, was unheeded ; the question was made tributary to the absorbing one of parliamentary wrongs, and both the upper and lower house presented a petition to the King for the relief desired ; but his majesty refused their prayer.
On the 25th March, 1765, the Assembly passed an act "for the better ordering and governing of Negroes," etc., and the following year, "An Act for encouraging Settlers to come into the Province." Both these laws were founded on strong necessity-the security of the province greatly depended on the former; and its prosperity and increase on the latter; but, when sent over for royal approval, both were disallowed. The Governor, as well as the Assembly, was astounded at this unlooked for result; and the Governor, who declared, that "without the negro law no man's life or property would be safe a moment," was compelled to disobey his instructions, and frame a new bill with a different title, but with the same provisions.
Operating on minds already excited, these refusals of the King to sanction laws enacted for the extension of trade and commerce; and for the protection, pros- perity and increase, of the colony; irritated the people to an intense degree; so much so, that the Go-
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vernor declared, " that though he had hitherto kept the Assembly within tolerably decent bounds, yet that he had lately discovered more than ever a strong pro- pensity to be as considerable and independent, as they term it, of the British Parliament, or of the sove- reignty of Great Britain, as any of the northern colo- nies."
The necessity of sending every law to England for confirmation, before it could be made operative in the province where it was enacted, was a serious hindrance to legislative action in many of the colonies; and not only in the cases just mentioned, but in many others, was this requirement felt to be a sore grievance, and a cause of great disquietude. When the Assembly enacted a law, it must first receive the approbation of the Governor; if vetoed by him, there it ended; if approved, he sent it to England, to be examined by the King's Attorney, who made his report to the Lords of Trade ; if this Board approved it, it was sent for confirmation to the King's Council; if it passed the ordeal of this body, it received the sign manual of the King, and became a law. It was then returned to the Board of Trade, thence sent to the Crown Agent, who despatched it to the Governor; thus caus- ing sometimes a detention of two years, from the pas- sage of an act by the Assembly, before, having gone this tedious circuit, and escaped the chances of five negatives, it returned ratified by the King.
On the 11th of April, 1768, Benjamin Franklin was appointed Agent "to represent, solicit, and transact the affairs of this province in Great Britain ;" and a committee of both houses was appointed to correspond
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with him. This committee consisted, on the part of the Council, of James Habersham, Noble Jones, James Edward Powell, Lewis Johnstone, and Clement Mar- tin ; and, on the part of the lower house, of Alexander Wylly, John Mulryne, John Smith, Noble Wimberly Jones, John Milledge, John Simpson, Archibald Bul- loch, William Ewen, and Joseph Gibbons.
The fame of Franklin had extended over Europe. His dignified manners, his profound knowledge, his grand discoveries in physical science, and his uncom- promising support of colonial rights, conspired to render him the best representative which Georgia could select for that critical period. During five years he repre- sented Georgia at the several offices in England, and was her undaunted champion in every hour of danger and of trial.
The onerous enactments of Parliament, by which duties were laid on paper, glass, painters' colors, and teas imported into the provinces; the establishing of a general civil list throughout North America; the de- manding that quarters and other barrack necessaries should be furnished to troops; and the restraining the New York Assembly from passing any act, because it had failed to make this provision for the soldiers sta- tioned there, drew forth from nearly all the colonies petitions, remonstrances, and addresses.
On the 11th of February, 1768, the Massachusetts House of Representatives, through their Speaker, ad- dressed a circular letter to the several provincial As- semblies, stating the condition of American grievances, and soliciting a union of petitions to the two houses of Parliament and to the King, having, as they ex-
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pressed it in the close of their letter, " firm confidence in the King, our common head and father, that the united and dutiful supplication of his distressed Ame- rican subjects will meet with his royal and favorable acceptance."
When this circular reached Savannah, the Assem- bly had adjourned; but Mr. Alexander Wylly, the Speaker, replied to it, " as a private person," and stated that "the Assembly had instructed Dr. Frank- lin to join with the Agents in soliciting a repeal of those acts, and in remonstrating against any of like nature in the future." The Assembly again met on the 17th November, and chose Noble Wimberly Jones Speaker, the late Speaker not being present. The Governor, in his opening speech, remarked : “I have observed, in your Gazette of the 31st of August, a letter from your late Speaker to the Speaker of the House of Representatives of Massachusetts, acknow- ledging the reception of a letter, dated 11th February last, assuring him, that when the Assembly meets, he will lay the same before the House. I am to acquaint you that his majesty considers that measure to be of a most dangerous tendency. I have it in charge to en- deavor to prevail on you not to give any countenance to that letter; but, if I should find any disposition in you to give any countenance thereto, it will be my duty immediately to put an end to your sitting."
For a time the ordinary business proceeded without interruption, and such laws were passed as the neces- sities of the colonies required. But on Saturday, the 24th December, 1768, after all the bills of the session were prepared for the Governor's assent, prior to ad- journment, Mr. Wylly laid before the House the letter
·
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from Massachusetts, and also a letter from Peyton Randolph, Speaker of the Commons House of As- sembly, Virginia. Both of these were ordered to be entered on the journals, and they then adopted the following resolutions :
" Resolved, That from the inherent right of the sub- ject to petition the throne for redress of grievances, a right allowed and confirmed by the Act of William and Mary, the said letters1 do not appear to the House of a dangerous or factious tendency, but on the contrary, in the opinion of this House, only tend to a justifiable union of subjects aggrieved, in lawful and laudable endeavors to obtain redress by an application founded upon and expressive of duty and loyalty to the best of kings, a becoming respect for the Parliament of Great Britain, and an equitable and natural affection for our mother country, and arises from the tender and com- mendable attention of those colonies to the natural rights and liberties of the British subjects in America, and to which they are undeniably entitled upon the happy principles of our constitution.
" Resolved, That copies of this resolution be, by the Speaker of the House, transmitted to the Speaker of the House of Representatives of the Province of Massa- chusetts Bay, and to the Speaker of the House of Bur- gesses in Virginia, and that they be acquainted by him that this House approves of the measures by them pursued to obtain redress of our common grievances, also of the method by them taken of communicating these measures to the other provinces of the continent. " Ordered, that the several proceedings and resolu-
1 Letters from the Assemblies of Massachusetts and Virginia. VOL. II. 5
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tions respecting the said letters be published in the Gazette of this province, and that the clerk do furnish the printer with a copy of the same."
Governor Wright had used every means to prevent their countenancing " the Boston letter," expostulating with the leading members, and according to his own idea, had " clearly convinced them of the absurdity of it." He was quite surprised, therefore, when informed that similar resolves had been entered on their journal, for so quietly had it been effected, that the Governor said, "everything was prepared and done before I could prevent it." He immediately repaired to the council chamber, and summoning the Commons House to attend, made them a long and earnest address, in which he uttered the prediction, which time ha's not verified, " that if America was to become independent, from that day you may date the foundation of your ruin and misery."2 He then, "by virtue of his Majesty's authority and in his name, dissolved the Assembly."
Anticipating this dissolution, the Commons House had previously drawn up the following address :
To the King's most Excellent Majesty.
The humble address of the Commons House of Assem- bly of the Province of Georgia, 24th December, 1768. Most Gracious Sovereign :
Your dutiful and loyal subjects, the Commons House of Assembly of Georgia, with the greatest humility beg leave to represent to your sacred person the grievances this province labors under by the late Acts of the Par- liament of Great Britain, for raising a revenue in America.
2 Board of Trade, xiii, 98.
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Equally attached by interest, principle, and affection for our mother country, we readily acknowledge a con- stitutional subordination to its supreme Legislature, at the same time, with inexpressible concern, we much lament that by their imposition of internal taxes we are deprived of the privilege which with humble defe- rence we apprehend to be our indubitable right, that of granting away our own property, and are thereby prevented from a ready compliance with any requisi- tion your Majesty may please to make, and which to the utmost extent of our small abilities, we have hitherto always most cheerfully obeyed.
From your Majesty's equity, wisdom, and truly paternal regard for the rights and liberties of your subjects, however remote, we flatter ourselves with and firmly rely upon redress in this our unhappy situation, and as we of this province experience your Majesty's particular countenance and protection in our present infant state, for which we are impressed with the deepest sense of gratitude, so we most earnestly hope we shall also experience in general with our sister colonies on this occasion fresh marks of your Majesty's royal justice and attention to the supplications of your distressed subjects.
We beg leave to assure your Majesty that none of your numerous subjects can or do more ardently wish and pray for a continuance of your most auspicious reign, and that your latest posterity may happily rule over a free, grateful, and loyal people, than your faith- ful Commons of Georgia.
By order of the House.
N. W. JONES,
December 24th, 1768.
Speaker.
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This address was sent by the Speaker to Benjamin Franklin, who was requested to concur with the other "agents of the American colonies in endeavors to obtain a repeal of those acts of Parliament so grievous to his Majesty's loyal subjects of the Continent, and destructive of that harmony which ought, and they earnestly wish may, subsist between our mother coun- try and its colonies."3
This address Franklin presented to the King, through the Earl of Hillsborough ;4 but his majesty objected to the transmission of it, through any other channel than that of his Governor, as irregular and disrespectful, and directed the Earl to signify to Go- vernor Wright that, because "it does, both in the letter and spirit, deny and draw into question the authority of Parliament to enact laws binding upon the colonies, in all cases whatsoever, he disapproved of it, being firmly resolved to support the Constitution as by law established, and not to countenance any claims inconsistent with its true principles."
Governor Wright dissolved the Assembly : but this act being expected and prepared for, produced no excitement. The representatives of the people felt that they had done their part, in placing the letters of the Massachusetts and Virginia Assembly on their journals, and in passing resolves and addresses express- ing their sympathy with the former, and their deter- mination to support the true principles of English liberty. The affairs of the colony, thus temporarily disturbed, soon resumed their usual tranquil state, and
3 MS. copies of Letters of Franklin, furnished by Hon. Jared Sparks.
4 State Paper Office, iv, 127.
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the rapid progress of the province, in every respect, was quite observable.
But the legislation of Parliament was still directed towards sustaining, in their most extravagant extent, the prerogatives of the crown, and pursued, for this end, a course as impolitic for Great Britain as for America : and thus the colonists, finding that their respectful appeals to the throne and to Parliament were unheeded, resolved to redress themselves.
One of the primary measures adopted for this pur- pose, was a suspension of all commercial dealings with Great Britain, except for such articles as were abso- lutely and unequivocally necessary. Such non-inter- course could not fail of producing disastrous results in the mother country, the prosperity of which was so intimately connected with the colonial trade. Mr. Grenville, first lord of the Treasury, asserted, that "every inhabitant of the colonies employs four at home." "It was American trade," said the Earl of Chatham to the Peers, "which triumphantly carried you through the last war;" and the eloquent Burke declared in the House of Commons, "that what- ever England had been growing to, by a progressive increase of improvements brought in by varieties of people, by succession of civilizing conquests and civil- izing settlements in a series of seventeen hundred years, you shall see as much added to her by America in a single life." It was hoped, therefore, that the withdrawal of such important resources, and the mi- sery consequent on such a procedure, might work that change in the Ministry, which all the petitions and remonstrances had failed to effect. This plan was suggested as early as April, 1768, by the Boston mer-
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chants ; but the Assembly of Virginia, in June, 1769, was the first legislative body which adopted resolves of non-importation, which, ere long, were sanctioned by the other colonies.
On the 16th of September, 1769, a meeting of the merchants and traders of Savannah was held at the house of Mr. Alexander Creighton, at which they re- solved, "that any person or persons whatsoever, im- porting any of the articles subject to parliamentary duties, after having it in their power to prevent it, ought not only to be treated with contempt, but also as enemies of their country." Three days after, a larger meeting was convened, with the Hon. Jonathan Bryan, one of the Governor's Council, in the chair; at which the same subject was renewedly canvassed, and resolves of non-importation, mostly similar to the other colonies, unanimously passed. One of the resolves, based on the sentiments of the Bostonians in 1765, was to abolish mourning at funerals, as the black stuffs used for such purposes were of British manufacture.
For the part which Mr. Bryan took in this meeting, he was, by command of the King, displaced from the Council, and thus became the first object of royal ven- geance in Georgia. Carrying out into detail the fun- damental principle, that there should be no taxation where there was no representation, the Assembly, in 1769, inserted a clause in the annual tax-bill, exempt- ing the four southern parishes from taxation, because they were allowed no members in the legislature, and this decisive stand produced, in due time, the required writs of election for the vacant parishes. There was a constant struggle between the Governor and the As- sembly; the former, asserting that they arrogated to
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themselves the prerogatives of Parliament-that they exercised indecorous privileges, and usurped authority which the royal instructions never invested in that body; and the latter, claiming to be the sole legisla- tive body, the only exponents of constitutional rights, and the only depository of political power-declared that they would be under no executive dictation, and submit to no infringement of their rights. Twice had the Governor dissolved the Assembly; but the time had now arrived when a new agent of royal power was to be employed in humbling their pretensions to the supreme control of the colony.
At the opening of the Assembly in 1770, Dr. Noble Wimberly Jones, one of the morning stars of liberty in Georgia, was unanimously elected Speaker; but the Governor put a negative on his election, and sent the House back to make a new choice. This proscription, which was designed as a rebuke to Dr. Jones, was more honorable to him than the commission which authorized it; and ranked him at once with Otis, nega- tived by Sir Francis Bernard; and with Hancock, negatived by Hutchinson. To them, the intended stigma, though for the moment mortifying to personal ambition, was like the honorable wound of the soldier, the proud scar of a contest, which rescued almost a hemisphere from thraldom. The Assembly resented this insult to their elective franchise; and passed a reso- lution complimenting Dr. Jones, and declaring, "that the sense and approbation this House entertain of his conduct, can never be lessened by any slight cast upon him, in opposition to the unanimous voice of the Com- mons House of Assembly in particular, and the pro- vince in general." And they furthermore resolved :
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" that this rejection by the Governor of a Speaker unanimously elected, was a high breach of the privi- leges of the House, and tended to subvert the most valuable rights and liberties of the people and their representatives." This bold assertion was termed by the Council, a " most indecent and insolent denial of his Majesty's authority;" and the Governor, on the 22d February, 1770, dissolved the Assembly.
At a meeting of the Council, on the 2d July, 1771, Governor Wright laid before the board a letter from the Earl of Hillsborough, stating that the King had disapproved of the conduct of the late legislature, and approved the course of the Governor in dissolving that body. He further informed the Council, that he had his Majesty's permission to visit England; and on the 10th July, he left Savannah, on his voyage thither.
On the 13th July, James Habersham, the President of the Council, took the customary oaths of office, and entered upon the gubernatorial duties which devolved upon him during the absence of Mr. Wright. Mr. Habersham was a man whose thorough knowledge of the colony, whose long experience in public affairs, whose pure and upright character, and whose great firmness eminently fitted him for this responsible station. But the part which he was called to act by the royal mandate was exceedingly repugnant to his generous nature. His orders, however, were impera- tive, and compliance was unavoidable. In consequence of the resolutions of the last Assembly, which denied the authority of the Governor to negative their choice of a speaker, the king commanded Mr. Habersham to signify his disapprobation of their conduct, and that he should, for the purpose of renewedly testing the ques-
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tion, and to compel them to obedience, negative who- ever might be first chosen as their next speaker. The Assembly met on the 21st of April, 1772, and Doctor Jones was elected, who, on being presented to President Habersham, was, by virtue of his instructions, nega- tived. On a second ballot he was again elected, and again rejected. At the third trial he was still their choice, but declining to serve, Archibald Bullock was chosen, whom the president accepted. But when, on examining the journal of the House the next day, he ascertained the third election of Dr. Jones, of which he was hitherto ignorant, he sent them word to sus- pend all business until that minute was erased ; but as the House resolutely refused to expunge it, he ordered the Assembly to be dissolved. These repeated inter- ruptions in colonial legislation produced serious and alarming consequences. The treasury was overdrawn, and no provision was made to replenish it; statutes of importance had expired, and no new enactments sup- plied their places ; the judiciary was deranged, and no means were adopted to rectify it; and new necessities, civil and legal, had arisen, requiring legislative action, but the meetings of the Assembly had been rudely dis- solved, and the political existence of the colony was vitally endangered. These oppressions increased the adherents of the colonial cause. The flattering pro- mises of the ministry to redress their grievances, had not been fulfilled ; but new sources of distress had aug- mented those already existing, and cloud upon cloud, each darker and more foreboding than the former, was casting its gloom over their firmament. The passage of the Boston Port Bill, March 31, 1774, by which Parliament precluded all commerce with that city ;
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