USA > Georgia > A history of Georgia : from its first discovery by Europeans to the adoption of the present constitution in MDCCXCVIII. Vol. II > Part 7
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On the 4th July, 1775, the Provincial Congress met at Tondees's Long Room, Savannah. Every parish and district was represented. After organizing by the choice of Archibald Bulloch as President, and George Walton as Secretary, they proceeded in a body to the meeting-house of the Rev. Dr. Zubly, one of their asso- ciates, and heard from him a sermon on the alarming state of American affairs, based on the words of St. James, ii, 12: "So speak ye, and so do as they that shall be judged by the law of liberty."
The following is a list of the members of this Con- gress :-
From the Town and District of Savannah : Archi- bald Bulloch, Noble Wimberly Jones, Joseph Haber- sham, Jonathan Bryan, Ambrose Wright, William Young, John Glen, Samuel Elbert, John Houstoun, Joseph Reynolds, John Smith, Oliver Bowen, John McClure, Edward Telfair, Thomas Lee, George Hous- toun, William Ewen, John Martin, Dr. Zubly, William
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Bryan, Philip Box, Philip Allman, William O'Bryen, Joseph Clay, John Cuthbert.
District of Vernonburgh : Joseph Butler, Andrew El- ton Wells, Matthew Roach, Jr.
District of Acton : David Zubly, Basil Cowper, Wil- liam Gibbons.
Sea Island District : Col. Deveaux, Col. Delegall, James Bulloch, John Morel, John Bohun Girardeau, John Barnard, Robert Gibson.
District of Little Ogechee : Francis Henry Harris, Joseph Gibbons, James Robertson.
Parish of St. Matthew : John Stirk, John Adam Treutlen, George Walton, Edward Jones, Jacob Wauld- hauer, Philip Howell, Isaac Young, Jenkin Davis, John Morel, John Flert, Charles McKay, Christopher Cru- mer.
Parish of St. Philip : Col. Butler, William Le Conte, William Maxwell, James Maxwell, Stephen Drayton, Adam Fowler Brisbain, Luke Mann, Hugh Bryan.
Parish of St. George : Henry Jones, John Greene, Thomas Burton, William Lord, David Lewis, Benjamin Lewis, James Pugh, John Fulton.
Parish of St. Andrew : Jonathan Cochran, William Jones, Peter Tarlin, Lachlan McIntosh, Wm. McIn- tosh, George Theadcraft, John Wesent, Roderick McIn- tosh, John Witherspoon, George McIntosh, Allen Stu- art, John McIntosh, Raymond Demere.
Parish of St. David : Seth John Cuthbert, William Williams, Sr.
Parish of St. Mary : Daniel Ryan.
Parish of St. Thomas : John Roberts.
Parish of St. Paul : John Walton, Joseph Maddock, Andrew Burns, Robert Rae, Andrew Moon, Andrew Burney, Leonard Marbury.
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Parish of St John : James Screven, Nathan Brown- son, Daniel Roberts, John Baker, Sr., John Bacon, Sr., James Maxwell, Edward Ball, William Baker, Sr., William Bacon, Jr., John Stevens, John Winn, Sr.
Only Joseph Butler, James Robertson, and Joseph Maddock declined taking their seats.
The first business transacted the next day was the nominating of a committee to wait upon Governor Wright, and request him "to appoint a day of fasting and prayer to be observed throughout this province, that a happy reconciliation may soon take place be- tween America and the parent State." The Governor acceded to the request, and designated the 19th, the day prior to the one set apart by the Continental Con- gress for the same purpose.
Having first sought Divine aid and enlightenment, Congress proceeded with great promptness and vigor to the work before them, as the following extracts from their proceedings will show :-
" The president being informed by the messenger that John Jamison and John Simpson, Esq'rs, were in waiting, and desired to be admitted, which being agreed to, they were desired to walk in; they then produced and delivered in to the president a paper containing several resolutions entered into by a number of per- sons inhabitants of the town of Savannah, which was ordered to be read, and is as follows, viz. :-
" At a meeting of several of the inhabitants of the town of Savannah, at Mrs. Cuyler's, on Friday the 13th June, 1775, present John Mullryne, Esq., in the chair, Joseph Clay, James Mossman, Rev. Mr. J. J. Zubly, John Simpson, Noble Wimberly Jones, John Jamison, William Moss, John Glen, Josiah Tatnall, John Gray-
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ham, Lewis Johnson, William Yonge, Richard Wylly, Andrew McLean, Basil Cowper, Philip Moore, George Houstoun, Joseph Butler, James Read, Thomas Read, William Paxton, James Edward Powell, William Stu- thers, Alexander McGowen, John C. Lucena, Thomas Sherman, J. N. Faming, Levi Sheftall, Charles Hamil- ton, George Spencer, William Brown, Jr., Francis Cour- voizie, James Anderson.
" Whereas public confusion and grievances are much increased by private dissensions and animosities,
" Resolved, therefore, nem. con.,
" That we will use our utmost endeavors to preserve the peace and good order of this province, and that no person, behaving himself peaceably and inoffensively, shall be molested in his person or property, or even in his private sentiments, while he expresses them with decency, and without any illiberal reflections upon others.
" Whereas the acts for raising a perpetual revenue in America, and all the measures used to enforce these acts, are not partial, but general grievances, and it is more likely that redress be obtained by the joint en- deavors of all who may think these acts unconstitu- tional or oppressive, than by any measure that might be taken singly by individuals,
" Therefore, Resolved,
" That it is the opinion of this meeting (as a proper measure to be pursued, because the General Assembly is not now sitting, from whom an application to the throne must be very proper, and as no time should be lost), that a humble, dutiful, and decent petition be addressed to his Majesty, expressive of the sense and feelings of all such as may choose to subscribe such
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petition, which it is hoped will be done by every man in the province; and it is, therefore, the wish of this meeting, that such a measure may be adopted by the Provincial Congress, intended to be held on Tuesday next, the 4th of July.
" Resolved, That the interest of this province is in- separable from the mother country and all the sister colonies, and that to separate themselves from the lat- ter would only be throwing difficulties in the way of its own relief, and that of the other colonies, and justly incurring the resentment of all those to whose distress our disunion might cause an addition.
" Resolved, That this province ought, and it is hoped will forthwith join the other provinces in every just and legal measure, to secure and restore the liberties 1 of all America, and for healing the unhappy divisions now subsisting between Great Britain and her colo- nies.
" Resolved, That the proceedings of this meeting be laid before the Provincial Congress on Tuesday, the 4th day of July next, and that Mr. Jamison and Mr. Simpson do wait upon them with the same, as recom- mended to them by this meeting.
" By order of the meeting. " JOHN MULLRYNE."
" A motion was made and seconded, that the paper above mentioned do lie upon the table for the perusal of the members, which being carried, the same was ordered to lie upon the table accordingly.
" A motion was made and seconded, that this Con- gress do put this province upon the same footing with
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our sister colonies ; which being put, it was ordered that it be taken into consideration to-morrow morning.
"Thursday, July 6, 1775. The order of the day being read, the same was taken into consideration, and, after some deliberation, it was unanimously
"Ist. Resolved, That this province will adopt and carry into execution, all and singular, the measures and recommendations of the late Continental Congress.
" 2d. Resolved, in particular, That we, in behalf of ourselves and constituents, do adopt and approve of the American Declaration or Bill of Rights, published by the late Continental Congress, in consequence of several infractions thereof.
"3d. That we will not receive into the province any goods, wares, or merchandise, shipped from Great Britain or Ireland, or from any other place, any such goods, wares, or merchandise, as shall have been ex- ported from Great Britain or Ireland after this day; nor will we import any East India tea from any part of the world ; nor any molasses, syrups, paneles, coffee, or pimento; nor wines from Madeira or the Western Islands, nor foreign indigo.
"4th. That we will neither import or purchase any slave imported from Africa, or elsewhere, after this day.
" 5th. As a non-consumption agreement, strictly ad- hered to, will give an effectual security for the observa- tion of non-importation, we, as above, solemnly agree and associate, that from this day we will not pur- chase or use any tea imported on account of the East India Company, or any on which a duty hath or shall be paid ; and we will not purchase or use any East India tea whatever; nor will we, nor shall any person
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for or under us, purchase any of those goods, wares, or merchandise, we have agreed not to import, which we shall know, or have cause to suspect, were im- ported after this day.
"6th. The earnest desire we have not to injure our fellow-subjects in Great Britain and Ireland and the West Indies, induces us to suspend non-importation until the 10th day of September, 1775, at which time, if the acts and parts of acts of the British Parliament, hereinafter mentioned, are not repealed, we will not, directly or indirectly, export any merchandise or com- modity whatsoever to Great Britain, Ireland, or the West Indies, except rice, to Europe.
"7th. Such as are merchants and use the British and Irish trade, will give orders to their factors, agents, and correspondents, as soon as possible, in Great Britain and Ireland, not to ship any goods to them, on any pretence whatever, as they cannot be received in this province; and if any merchant, residing in Great Britain or Ireland, shall, directly or indirectly, ship any goods, wares, or merchandise, to America, in order to break the said non-importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made public; and, on the same being done so, we will not, from thenceforth, have any commercial connections with such merchant.
"8th. That such as are owners of vessels will give positive orders to their captains or masters, not to receive on board their vessels any goods prohibited by the said non-importation agreement, on pain of imme- diate dismission from their service.
" 9th. We will use our utmost endeavors to improve
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the breed of sheep, and increase their numbers to the greatest extent; and to that end, we will kill them as sparingly as may be, especially those of the most pro- fitable kind ; nor will we export any to the West Indies or elsewhere; and those of us who are or may become overstocked with, or can conveniently spare any sheep, will dispose of them to our neighbors, especially to the poorer sort, on moderate terms.
"10th. That we will, in our several stations, en- courage frugality, economy, and industry, and promote agriculture, arts, and the manufactures of British America, especially that of wool; and will discounte- nance and discourage every species of extravagance and dissipation, especially horse-racing, and every kind of gaming, cock-fighting, exhibiting of shows, plays, and other expensive diversions and entertainments ; and, on the death of any relation or friend, none of us, or any of our families, will go into any farther mourning dress than a black crape or ribbon on the arm or hat for gentlemen, and a black ribbon and necklace for ladies ; and we will discontinue the giving of gloves and scarfs at funerals.
"11th. That such as are venders of goods or mer- chandise will not take advantage of the scarcity of goods that may be occasioned by this Association, but will sell the same at the rates we have been respect- ively accustomed to do for twelve months last past ; and if any vender of goods or merchandise shall sell any such goods or merchandise on higher terms, or shall in any manner, or by any device whatsoever, violate or depart from this agreement, no person ought, nor will any of us, deal with any such person, or his
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or her factor or agent, at any time thereafter, for any commodity whatever.
" 12th. In case any merchant, trader, or other per- sons, shall attempt to import any goods or merchan- dise into this province, after this day, the same shall be forthwith sent back again, without breaking any of the packages thereof.
"13th. That a committee be chosen in every town, district, and parish within this province, by those who pay towards the general tax, whose business it shall be attentively to observe the conduct of all persons touching this Association ; and when it shall be made . to appear, to the satisfaction of a majority of any such committee, that any person, within the limits of their appointment, has violated this Association, that such majority do forthwith cause the truth of the case to be published in the Gazette, to the end that all such foes to the rights of British America may be publicly known, and universally contemned as the enemies of American liberty; and thenceforth we will break off all connection with him or her.
"14th. That the Committee of Correspondence in this province do frequently inspect the entries of the custom-house, and inform the committees of other colonies which have acceded to the Continental Asso- ciation, from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association.
"15th. That all manufactures of this province be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods.
" 16th. And we do further agree and resolve, that we will have no trade, commerce, dealings, or inter-
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course whatsoever, with any colony or province in North America, which shall not accede to, or which shall hereafter violate, this Association; but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country.
" And we do solemnly bind ourselves and our con- stituents, under the ties of virtue, honor, and love to our country, to adhere to this Association, until such parts of the several acts of Parliament, passed since the close of the last war, as impose or continue duties upon tea, wines, molasses, syrups, paneles, coffee, sugar, pimento, indigo, foreign paper, glass, and painters' colors, imported into America, and extend the powers of the Admiralty Courts beyond their ancient limits; deprive American subjects of trial by jury; authorize to Judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to from a trial by his peers; require oppressive security from claimants of ships or goods seized, before he is allowed to defend his property, are repealed; and until that part of the act of the 12th George III, ch. 24, entitled 'An Act for the better securing his Majesty's Dock-yards, Magazines, Ships, Ammunition, and Stores,' by which any person charged with com- mitting any of the offences therein described, in Ame- rica, may be tried within any shire or county within the realm, is repealed ; and until the four acts passed in the last session of Parliament, viz., that for stop- ping the port and blocking up the harbor of Boston ; that for altering the charter and government of the Massachusetts Bay; and that which is entitled, 'An Act for the better Administration,' etc .; and that for extending the limits of Quebec, etc., are repealed ; VOL. II. 8
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and until the two acts passed in the present session of Parliament, the one entitled, 'A Bill to restrain the Trade and Commerce of the Colonies of New Jersey, Pennsylvania, Maryland, Virginia, and South Carolina, to Great Britain, Ireland, and the British Islands in the West Indies, under certain Conditions and Limitations ;' and the other, an act commonly called the 'Fishery Bill.'"
On Friday, the 7th of July, the Provincial Congress elected John Houstoun, Archibald Bulloch, Rev. Dr. Zubly, Noble Wimberly Jones, and Dr. Lyman Hall delegates to the Continental Congress, then sitting in Philadelphia, and ordered "that any three of them be a quorum."
The Congress also passed the following strong pre- amble and resolutions :-
" Whereas, by the unrelenting fury of a despotic ministry, and with a view to enforce the most oppres- sive acts of a venal and corrupted Parliament, an army of mercenaries under an unfeeling commander has actually begun a civil war in America: And whereas, the apparent iniquity and cruelty of these ob- structive measures have, however, had this good effect, to unite men of all ranks in the common cause : And whereas, to consult on means of safety, and the method of obtaining redress, the good people of this province of Georgia have thought proper to appoint a Provincial Congress, the delegates met at the said Congress now assembled from every part of the province, besides adopting the resolution of the late Continental Con- gress, find it prudent to enter into such other resolu- tions as may best express their own sense and the sense of their constituents on the present unhappy situation
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of things, and therefore thought fit and necessary to resolve as follows :-
" Resolved, That we are born free, have all the feel- ings of men, and are entitled to all the natural rights of mankind.
" Resolved, That by birth or incorporation, we are all Britons, and whatever Britons may claim as their birthrights, is also ours.
" Resolved, That in the British Empire, to which we belong, the constitution is superior to every man, or set of men whatever, and that it is a crime of the deepest dye in any instance to impair or take it away, or deprive the meanest subject of its benefits.
" Resolved, That part of the American Continent which we inhabit was originally granted by the Crown, and the charter expressly from Charles the Second, makes its constitutional dependence on the Crown only:
" Resolved, That those who now would subject all America, or this province, to dependency on the Crown and Parliament, are guilty of a very dangerous innova- tion, which in time will appear as injurious to the Crown as it is inconsistent with the liberty of the American subject.
" Resolved, That, by the law of nature and the British constitution, no man can legally be deprived of his property without his consent, given by himself or his representatives.
" Resolved, That the acts of the British Parliament for raising a perpetual revenue on the Americans, by laying a tax on them without their consent, and con- trary to their protestations, are diametrically opposite to every idea of property, to the spirit of the constitu- tion, and at one stroke deprived this vast continent of
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all liberty and property, and, as such, must be detested by every well-wisher of Great Britain and America.
" Resolved, That the subsequent laws made with a view to enforce these acts, namely, the Boston Port Bill, the alteration of their charter, the act to carry beyond sea for trial, and what refines upon every spe- cies of cruelty, the Fishery Bill, are of such a com- plexion, that we can say nothing about them, for want of words to express our abhorrence and detestation ..
" Resolved, That the loyalty, patience, and prudence of the inhabitants of New England, under their unpa- ralleled passions, having been construed into timidity and a dread of regular troops, a civil war, in support of acts extremely oppressive in themselves, hath actu- ally been begun, and that there is too much reason to believe that plans have been in agitation, big with everything horrible to other provinces, plans as rash, barbarous, and destructive, as the cause they were in- tended to serve.
" Resolved, That in these times of extreme danger, our Assembly not being permitted to sit, we must have either been a people without all thought or counsel, or have assembled, as we now are, in Provincial Congress, to consult upon measures, which, under God, may prove the means of a perpetual union with the mother country, and tend to the honor, freedom, and safety of both.
" Resolved, That this province bears all true alle- giance to our own rightful sovereign, King George the Third, and always will, and ought to bear it, agreeable to the constitution of Great Britain, by virtue of which only the king is now our sovereign, and which equally binds majesty and subjects.
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" Resolved, That we are truly sensible how much our safety and happiness depend on a constitutional connection with Great Britain, and that nothing but the being deprived of the privileges and natural rights of Britons, would ever make the thought of a separa- tion otherwise than intolerable.
" Resolved, That in case his Majesty, or his suc- cessors, shall, at any time hereafter, make any requisi- tion to the good people of this province, by his repre- sentatives, it will be just and right that such sums should be granted as the nature of the service may require, and the ability and situation of this province will admit of.
" Resolved, That this province joins with all the provinces in America, now met by delegates in Con- tinental Congress; and that John Houstoun, and Archibald Bulloch, Esq'rs, the Rev. Dr. Zubly, Lyman Hall, and Noble Wimberly Jones, Esq'rs, be the dele- gates from this province for that purpose.
" Resolved, That a committee be appointed, whose duty it shall be to see to it, that the resolutions of the Continental and Provincial Congress be duly observed; and that every person who shall act in opposition thereto have his name transmitted to the Continental Congress, and his misdeeds published in every Ameri- can paper.
" Resolved, That with all such persons, except the indispensable duties that we owe all mankind (bad men and enemies not excepted), we will have no deal- ings nor connection ; and we extend this, our resolu- tion, also to all such persons or corporations in Great Britain, who have shown themselves enemies to America.
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" Resolved, That we will do what in us lies to pre- serve and promote the peace and good order of this province; and, should any person become an innocent sufferer on account of these grievances, we will do whatever we justly may for his relief and assistance.
" Resolved, That, in such calamitous times as the present, every possible indulgence ought to be given to honest debtors ; that it would be ungenerous (unless there appears intention of fraud) in any gentleman of the law to sue without previous notice, and any per- son so sued may apply to the Committee, and, should it appear to them that the creditor is in no danger of losing his money, or can be properly secured, they shall interpose their friendly offices to persuade him to drop the prosecution ; and every prosecutor that shall appear to take advantage of the confusion of the times, to distress his debtor, ought to be publicly pointed out and held in abhorrence.
" Resolved, That, notwithstanding in a late bill for restraining the trade in the several provinces in America, this province is excepted, we declare that we look upon this exception rather as an insult than a favor, as being meant to break the union of pro- vinces, and as being grounded on the supposition that the inhabitants of such excepted province can be base enough to turn the oppression of America into a mean advantage.
" By order of the Congress.
" A true copy from the minutes.
" GEORGE WALTON, " Secretary."
Of the five delegates elected to the Continental
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Congress, Messrs. Bulloch, Houstoun, and Zubly at- tended its sessions at Philadelphia, and took part in its important proceedings.
When, however, the discussions in Congress deve- loped the views of some of the patriots for a republi- can and independent government, and when these ideas began to take legitimate shape, and call for definite action, Dr. Zubly became alarmed at the aspect of affairs, and opposed the growing desires for indepen- dence.
In the beginning of the contest with the Parliament, Dr. Zubly took a bold and prominent part in the pro- ceedings at Savannah. Occupying the position of minister of the Presbyterian congregation, and fitted by his learning and abilities to exercise a large influ- ence on the public mind, his opinions carried with them great weight, and he proved a most able auxili- ary to the American cause.
In his sermon before the Provincial Congress at Savannah; in his correspondence with Dr. N. W. Jones ; and especially in his letter to the Earl of Dart- mouth ; he showed a zeal, an industry, and a patriotism that justly won for him the esteem of the friends of liberty, and the honorable place of a Delegate from Georgia, to the Continental Congress.
His letter to the Earl of Dartmouth, dated 3d Sep- tember, 1775, which was published in the London Magazine, for January, 1775, at the request, as we have reason to believe, of General Oglethorpe, was one of the best state papers of that period, written with clearness, force, calmness, and a full knowledge of the position of American affairs, and a full vindication of American rights. Alluding to the suggestions made in England,
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