A history of Savannah and South Georgia, Volume I, Part 21

Author: Harden, William, 1844-1936
Publication date: 1913
Publisher: Chicago, Lewis Publishing Company
Number of Pages: 1126


USA > Georgia > Chatham County > Savannah > A history of Savannah and South Georgia, Volume I > Part 21


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"By order of the Upper House, "JAMES HABERSHAM, President.


"By order of the Commons House of Assembly, "A. WYLLY, Speaker."


FRANKLIN, GEORGIA'S BRITISH AGENT


In April, 1768, Benjamin Franklin was appointed agent of the Prov- ince of Georgia "to represent, solicit, and transact its affairs in Great Britain," and to that appointment Governor Wright did not withhold his assent. Indeed Franklin aeted in the same capacity for other prov- inces, and he had replied to Grenville when the latter asked, "Do you think the people of America would submit to pay the Stamp Duty if it was modified ?" in these words: "No, never. They will never submit to it." A joint committee, with James Habersham, Noble Jones, James Edward Powell, Lewis Johnson and Clement Martin representing the council and John Mullryne. John Smith, Noble Wymberley Jones, John Milledge, John Simpson, Archibald Bulloch, William Ewen and Joseph Gibbons representing the Commons House of Assembly, was charged with the duty of corresponding with him, "and give him such orders and in- structions from time to time as they should judge to be for the best service of this province."


RENEWED PROTESTS AGAINST BRITISH ACTS


The determination of parliament to enforce the oppressive acts despite the protests of the Americans caused the provinces to take a decided stand and to resolve not to carry on commercial transactions with England unless an acknowledgment of their rights was admitted. It was proposed that the colonies import no goods which could be produced or made within their own borders, and to discard the use of all luxuries. Boston mer- chants first made the suggestion, but the Virginia Assembly first took the firm stand by resolving to carry into effect the suggestion already miade, and Georgia naturally fell in line with the others. Accordingly,


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on the 16th of September, 1769, the merchants of Savannah met at the home of Mr. Alexander Creighton, and resolved that the parliamentary aets which the northern colonies had complained of "were nneonstitu- tional, and that the taxes therein contemplated were inconsistent with the ability of the American Provinces." and it was also resolved "That any person or persons whatsoever importing any of the articles subject to such duties. after having it in their power to prevent it, ought not only to be treated with contempt, but deemed enemies to their country; it being a eireumstanee that need only be mentioned to any person in- spired with the least sense of liberty, that it may be detested and ab- horred."


This action was elosely followed by the adoption at a meeting of the citizens, with the Hon. Jonathan Bryan presiding, of the following resolutions :


"We, inhabitants of Georgia. finding ourselves reduced to the great- est distress and most abject condition by the operation of several acts of the British Legislature by means whereof our property is arbitrarily wrested from us contrary to the true spirit of our Constitution and the repeatedly confirmed birthright of every Briton, under all these oppres- sions finding that the most dutiful and loyal petitions from the Colonies for redress of these grievanees have not answered the salutary purpose we intended, and being destitute of all hope of relief from our multi- plied and increasing distresses but by our industry, frugality, and econ- omy, are firmly resolved never to be in the least aceessory to the loss of any privilege we are entitled to :


"Therefore, we. whose names are hereunto subscribed, do solemnly agree and promise to and with each other that until the said acts are re- pealed, we will most faithfully abide by, adhere to, and fulfill the fol- lowing resolutions.


"I. That we will encourage and promote Ameriean manufactures, and of this Province in particular.


"II. That as the raising of Sheep for the benefit of wool will be of the utmost utility, we do therefore engage not to kill or sell any lambs that shall be yeaned, before the 1st of May in every year, to any buteher or other person who, we may have reason to think, intends to kill the same.


"III. That we will promote the raising of cotton and flax, and en- courage spinning and weaving.


"IV. That we will upon no pretense, either upon our own aeeount or on commission, import into this Province any of the manufactures of Great Britain, or European or East India goods, other than may be shipped in consequence of former orders, except only cloth, not exceeding 1s 4d pr yard, osnabrigs, canvass, eordage, drugs, and hardware of all sorts, paper not exceeding 10s pr ream, fire arms. gunpowder, shot. lead, flints, salt, saltpetre, eoals, printed books and pamphlets, white and striped flannels, not above 9s pr yard, white linen not above Is 8d pr yard, woollen and thread hose not exceeding 24s pr doz: striped cotton not exeerding Is 4d pr yard, checks not above 1s 3d per yard, felt hats not above 48s per doz: bolting cloths, mill and grind stones, cotton and wool eards, and wire, thread not above &s pr lb., shoes not above 48s per


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doz: as also the following goods necessary for the Indian Trade, viz. strouds, vermilion. beads. looking glasses, and paint. And exclusive of these articles we do solemnly promise and declare that we will immedi- ately countermand all orders to our correspondents in Great Britain for shipping any goods, wares, and merchandize other than hereinbefore excepted. and will sell and dispose of the goods we now or hereafter may have at the same rates and prices as before.


"V. That we will neither purchase nor give mourning at funerals. "VI. That from and after the 1st June 1770 we will not import. buy, or sell, any negroes that shall be brought into this Province from Africa, nor after the 1st of January next any negroes from the West Indies or any other place excepting from Africa aforesaid. And if any goods or negroes be sent to us contrary to our agreement in this subscrip- tion, such goods shall be reshipped or stored. and such negroes reshipped from this Province and not by any means offered for sale therein.


"VII. That we will not import on our own account or on commission, or purchase from any masters of vessels, transient persons, or non-sub- seribers. any wines after the 1st March next.


"VIII. That we will not purchase any negroes imported, or any goods, wares. or merchandize. from any resident of this Province, or transient person, that shall refuse or neglect to sign this agreement within 5 weeks from the date thereof, except it appear he shall have been unavoidably prevented from so doing. And every person signing and not strictly adhering to the same according to the true intent and mean- ing thereof, and also to every non-subscriber, shall be looked upon as no friend to his country."


Be it known that the chairman of the meeting at which those resolu- tions were adopted was at the same time a member of the royal council of Georgia. He was a man "sans peur et sans reproche," and his fear- less conduct on that occasion was thoroughly in keeping with his pre- vious record and his subsequent stalwart action throughout a life of blameless conduct and strict integrity.' That man, as already stated, was Jonathan Bryan. The fact that one of the official family of a royal province had taken such a decided action in opposition to the will of his majesty was promptly conveyed to the king who forthwith instructed the Earl of Hillsborough that Mr. Bryan "should be immediately sus- pended from his seat at the Council Board, and removed from any office he might hold in Georgia," and that order was carried out as stated in a letter from Wright to the Earl of Hillsborough written at Savannah and dated March 1, 1770. The king's wish in the matter was communi- cated to the former by the latter in a letter from Whitehall, of December 9,1769.


There were disagreements about this time between the council and the lower house of assembly by reason of the fact that the members of the house were chosen by the people and a majority of them shared the feel- ing of their constituents in regard to the offensive acts of parliament while the council members were appointed by the crown and naturally felt bound to support the measures proposed for the maintenance of the royal government.


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HOUSE RESENTS WRIGHT'S INTERFERENCE


When the assembly convened in 1770, the lower house ehose Dr. Noble Wymberley Jones as speaker; but, knowing that the choice was made because of the speaker's complete sympathy with the patriot cause, Governor Wright declined to recognize him, and ordered the election of another man; but the house resented that interference with their right to elect, adopted resolutions commendatory of Dr. Jones, and asserted "that the sense and approbation this House entertain of his conduct ean never be lessened by any slight cast upon him in opposition to the unani- mous voiec of the Commons House of Assembly in particular and the Province in general," and went farther by declaring "that this rejection by the Governor of a Speaker, unanimously elected, was a high breach of the privileges of the House, and tended to subvert the most valuable rights and liberties of the people and their representatives." Taking excep- tion to this sharp reproof of the governor, the council characterized the proceeding of the house as "a most indecent and insolent denial of his Majesty's authority" and the governor, availing himself of the only method of relief in his power, on the 22d of February, 1770, ordered a dissolution of the assembly.


Governor Wright, finding it necessary, as he put it, to visit England in the interest of his private affairs, applied, on the 3d of July, 1769. for a leave of absence to begin some time in the spring of 1770, and made this suggestion in his letter to the Earl of Hillsborough: "Mr. Haber- shamn, the Seeretary of the Province, who is the President, or eldest Couneillor, is a gentleman of property, no Liberty Boy, but a firm friend to the Government, and a very worthy, honest man. He has been in the Provinee from nearly its first settling, and must therefore know the people, and I think him of sufficient ability to fill up a short vacancy, especially when things are in an orderly way."


Looking back to the condition of affairs in the English provinces as existed at that time, and considering the fact that they were in the very midst of that critical period when the clouds were fast gathering for the storm which was destined to break and deluge the country in a seven years' war full of devastation and of horrors, it seems strange that James Wright should have chosen just that time to ask sneh a favor and stranger still that the request should have been so readily granted. Hillsborough. in the letter enclosing the royal permission to Wright, wrote: "I hope that Mr. Habersham's conduet in the administration of Government during your absence will justify the favorable report you made of him, and that it will not be found necessary to send out a Lieutenant Gov- ernor." Wright found it necessary to delay his departure until the 10th of July, 1771. before he considered it safe to leave, and Mr. Haber- sham took the oaths of office three days after. with the rank of "Presi- dent and Commander-in-Chief of his Majesty's Province of Georgia. Chancellor. Vice-Admiral, and Ordinary of the same for the time being." It is doubtful whether a better substitute could have been found. as "Mr. Habersham's condnet in the administration of Government" fully "justified the favorable report made of him," and his majesty's inter- esta were as well protected as James Wright himself could have done.


CHAPTER XVI


PROGRESS TOWARD INDEPENDENCE


COUNCIL AND HOUSE DIFFER-GOVERNOR WRIGHT DISSOLVES ASSEMBLY- THE STATE OF THE PROVINCE ( 1773)-THE FORTS-SAVANNAH PUTS UP A LIBERTY TREE, JUNE 2, 1775-GOVERNOR WRIGHT FORBIDS PUB- LIC MEETING-MEETING HELD-THE "LIBERTY BOYS"-DISSENT TO RESOLUTIONS OF AUGUST 10, 1774-" LIBERTY BOYS" WORRY ROYAL COUNCIL-STEPS LEADING TO GEORGIA'S INDEPENDENCE.


In the absence of the governor the affairs of the province were in about the same state of excitement as they had been for several years before his departure. The council, led by Mr. Habersham who was true to the king, had difficulty in keeping down the spirit of resistance as exhibited by the Liberty Boys who in a large measure influenced the pro- ceedings in the house of assembly.


COUNCIL AND HOUSE DIFFER


When the eighth general assembly met in April, 1772, the commons house elected Dr. Noble Wymberley Jones as speaker, and as soon as Governor Habersham received official information thereof he returned to that body a message in which he thus addressed the members: "I have his Majesty's commands to put a negative on the Speaker now elected by the Commons House, which I accordingly do; and I desire that you inform the House that I direct them to proceed to a new choice of a Speaker." After waiting a while he received through Messrs. Archibald Bulloch and Samuel Farley a message informing him that the Commons House "had proceeded to a second choice of a Speaker and had re-elected Noble Wymberley Jones, Esq., and desired to know when his Honor would please that the House should attend him to present their Speaker." Again the governor expressed his disapproval of the choice, and required the members "to proceed to the selection of some other person as Speaker." It was not until the next afternoon that Mr. Habersham was informed by Messrs. William Le Conte and Samuel Farley that the house had made choice of Archibald Bulloch as Speaker, and he was promptly confirmed. He then delivered an address in which he said: "His Majesty having been pleased to grant his Excellency Governor Wright leave of absence to go to Great Britain, the govern- Vol. 1-11


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ment of this Provinee, on his Excelleney's departure, devolved upon


ine. * * * My long residence in this Province, and the strong attach- ment I minst have for its welfare from motives obvious to you must make it extremely grateful to me to be in the least instrumental in furthering its growing prosperity, in which I am persuaded I shall have the eandid advice and assistance of you gentlemen, and of every friend of this Country." To that address the house made a suitable response, and everything seemed to point to a harmonious relation between the executive and legislative branches of the government. But Mr. Haber- sham took it into his head that an inspection of the journal of the house might disclose faets with which he had not been made acquainted, and discovered that Mr. Jones had been elected speaker for the third time and that the choice of Mr. Bulloch had only been made upon the refusal of Mr. Jones to accept ; whereupon he sent in this message: "Mr. Speaker, and Gentlemen of the Assembly: I am extremely sorry to find by your Journals that some very exceptionable minutes are entered. I particularly mean your third choice of Noble Wymberley Jones, Esq., as your Speaker, upon whom I had, agreeable to his Majesty's express instructions, twiee put a negative, and that your choice of your present Speaker was only in consequence of his declining the ehair. If this min- ute is to stand upon your Journals I have no choice left but to proceed to an immediate dissolution. I desire therefore that you will come to a present and speedy determination to recede from it. If you do, I shall, with the most unfeigned satisfaction, proceed to business which you cannot but be sensible will be of the highest advantage to the Prov- ince. I shall expect your immediate answer to this message that my conduct may be regulated by it ; and shall for that purpose remain in the Couneil Chamber."


The house did not take long to deliberate, but very promptly re- plied : "May it please your Honour : We his Majesty's most dutiful and loyal subjects, the Commons of Georgia in General Assembly met, are very unhappy to find by your message to us of this day that any Minutes entered on our Journals should be construed by your Honour in a manner so very different from the true intent and design of this House. Conscious we are, Sir, that our third choice of Noble Wymberley Jones, Esq., as our Speaker was not in the least meant as disrespectful to his Majesty, or to you his representative, nor thereby did we mean to in- fringe on the just prerogative of the Crown. We have seriously recon- sidered that particular mimite which seems to have given your Honour so much offence, and cannot perceive wherein it is contrary to the strict mode of Parliamentary proceeding, or repugnant to anything eon- munieated to us by your Honour. We were hopeful that no further impediment would have arisen to retard the urgent business of the publie, and still flatter ourselves that we may be permitted to do that justice to our constituents which they have a right to expect from us; and we sincerely assure your Honour that it is onr hearty wish and desire to finish the business by you recommended to us with all har- mony and dispatch.


ARCHIBALD BULLOCH, Speaker."


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GOVERNOR WRIGHT DISSOLVES ASSEMBLY


That was equivalent to a refusal on the part of the house to ex- punge from the minutes the objectionable language, and Mr. Haber- sham carried out his threat by dissolving the assembly. The effect of this action was injurious to the progress of Georgia. The assembly was charged with the duty of passing a tax aet, and there was little or no money in the treasury, besides there were other matters of importanee requiring the prompt attention of the legislature. On the 30th of the month (April, 1772). Mr. Habersham wrote to the Earl of Hillsborough, stating the facts, and commenting on the important measures which that assembly should have adopted. He was severe in his language con- cerning Dr. Jones whom he charged, with the aid of his friends, with "opposing the publie business" and that it was all through a "spurious pretense of Liberty and Privilege." He further said in regard to the one whom he considered the most guilty of them all "It is very painful to me to say or even to intimate a disrespectful word of any one: and every person who knows me will acknowledge that it is contrary to my disposition to dip my pen in gall, but I cannot help considering Mr Jones' conduet for.some time past in opposing Public Business as very ungrateful and unworthy a good man, as his family have reaped more advantages from Government than any I know in this Provinee. He was several years first Lieutenant and Surgeon of a Company of Rangers paid by the Crown, and in these capacities met with great indulgence. His father is the King's Treasurer and, if I am not mistaken, reaps very considerable emoluments from it."


Governor Wright's leave of absence expired early in 1773. and he returned to Georgia about the middle of February. That his services were acceptable to the crown he was fully assured by his being compli- mented with a baronetey on the Sth of December, 1772. just before his departure from England. His first public duties on his return were performed in the settlement of some troubles with the Indians. and that matter was finally adjusted at a congress of the Upper and Lower Creeks, represented by their head men and kings, with Governor Wright and his council, in Savannah, on the 20th of October, 1774.


THE STATE OF THE PROVINCE (1773)


Towards the elose of the year 1773. Governor Wright was required to report to the home government upon the state of the province, and that report was in the form of replies to a number of inquiries which embraced every part of the territory as well as every department of the government of the same. In forwarding that report to the Earl of Dart- mouth, he states, in the letter accompanying it, dated at Savannah, December 20: "I have now the honor to transmit your Lordship my report in answer to the several queries relative to the state of this Province, in which I have not attempted a pompous description or ac- count of the Country, etc., but confined myself to the more substantial and material facts which, from the best of my knowledge and judgment I have truly stated, and hope the same will prove agreeable to his


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Majesty's royal intention, and a satisfactory aecount of things in the Province." From that report we make the following extracts as bearing upon the business transacted in the town of Savannah and the standing she held from a commercial standpoint :


"There is at present no other Port in this Province but Savannah and Sunbury, the situation of which and depth of water I have mentioned in my answer next preceding. * *


* Sinee the surrender of the Charter by the Trustees the Constitution of this Government is estab- lished by and depends upon his Majesty's commission and instructions to his Governor, by which he, with the concurrence of the Council and the House of Assembly (to consist of a certain number to be elected by the freeholders as their representatives) or the major part of them is empowered to make laws, statutes and ordinanees for the publie peace, welfare, and good government of the Province and the inhabitants thereof, which laws, etc., are not to be repugnant but as near as may be agreeable to the laws and statutes of Great Britain. And the Gov- ernor as his Majesty's representative, and the other branches of the Legislature are presumed to be an epitome of the Parliamentary Con- stitution of Great Britain. And here I must beg leave to observe that the right of the Council to sit as an Upper House being now denied in the neighboring Province, mueh will depend on his Majesty's determina- tion on that matter, and, if it be against that right, I am very appre- hensive that disagreeable consequences may attend it.


"There is a Court of Chaneery and a Court of General and Common Pleas, also a Court of Sessions, or Over and Terminer, and general gaol delivery, the rules and method of proceeding in all which are as near as may be agreeable to those in use and practice in his Majesty's several Courts in Great Britain. * *


* The trade of this Provinee is principally with Great Britain from whenee we are supplied with linens and woolens of all sorts, ironware of all sorts, hats, shoes, stoek- ings and all sorts of apparel, tea, paper, paints, and a great variety of other artieles; and altho' the negroes are brought here immediately from Africa, yet the returns in payment for them are made to Great Britain, so that they may also be deemed as a part of our trade with Great Britain, to which plaee we export deer skins, riee, indigo, naval stores . and sundry other articles. The annual amount of our imports from Great Britain is computed at £76.322 on an average for three years past besides the negroes imported which in the last year amounted to twenty thousand pounds, and our exports to Great Britain only in the year 1772 amounted to £68,688.10.2 sterling ; and besides this we are supplied with rum and sugar from the West Indies, and also with rum, flour and bis- euit and other provisions, ete., from the Northern Colonies. To the West Indies we send riee, corn, pease, Immber, shingles, eattle, horses, and live stoek : also barreled beef and pork. But the Northern trade is an injurious trade, as they take of bat little of our prodnee, and drain us of every trifle of gold and silver that is brought here. by giving a priee for guineas, moidores, Johannes's pistoles, and dollars far above their real and intrinsic value, so that we can never keep any amongst us. There is belonging to this province, that is owned and part owned here, five ships, one snow, seven brigantines, thirteen sloops and schooners,


i.


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and ten eoasting vessels, in all to the amount of nineteen hundred and ninety tons, and trading boats that go up our rivers and to which may belong about two hundred and twelve seafaring men. And we have entered and cleared at the Custom House in the Port of Savannah for the last year one hundred and sixty-one sail of vessels of different sorts. and at Sunbury fifty-six, in the whole two hundred and seventeen, the tonnage of which is computed at. 12,124 tons, and in all which vessels there may be employed seventeen hundred seafaring men. In the year 1761 we only entered and eleared .in the whole Province forty-five ves- sels, the whole tonnage of which amounted only to 1.604 tons. from which the increase of the trade and produce' of this Provinee sinee that


time is most evident. * The methods are by taking eare that the Custom House officers do their duty, that the master of every vessel immediately on his arrival waits on the Governor with his manifesto, and then goes directly to the Custom House, when the officers send a waiter on board who stays till the ship is unloaded and in general the laws of trade and navigation are as duly and regularly attended to and observed as it is possible to do. This is the method observed at the Port of Savannah, and at Sunbury the Captain goes immediately to the eolleetor who observes the same method as at Savannah, and, upon the whole, I believe there is very little contraband trade or smuggling earried on here; there may be some, but I believe of no great conse- quence, and as the Province and people inerease illicit trade may also, and they have great opportunity, as the ports are not immediately on the sea coast and there are many rivers and inlets into which vessels may run and land goods before they come in sight of the towns. The Custom House offieers at Savannah have complained to me that the Commissioners of the Customs will not allow them a boat and hands, and that if they were to hear of any illicit trade or landing of goods at any inlet, or in any creek. etc., before they could get a boat and hands, it would be too late to detect and seize them. Wherefore I should sup- pose sueh trade. if attempted, might be more effectually prevented if a Custom House boat was allowed. And as the officers have returned me what they eall a Political Report or Estimate of Loss to the Revenne by illicit trade, I think it my duty to transmit it, altho' I look upon the same to be ehimerieal and very erroneous. * The staple com- modities are rice, indigo, deer skins, raw silk, piteh, tar, turpentine, beef, pork, Indian corn. pease, tobaeeo, staves, shingles, lumber of all sorts, and we have a great deal of fine live oak for ship-building, and hemp will grow very well, but little is planted as vet. And besides these, eattle, horses, and live stock is exported to the West Indies. And also bees' wax, beaver skins, ete., ete. The amount of the whole ex- ports annually for five years past on an average is £101,240 sterling. * In the year 1761 the whole number of white inhabitants amounted to no more than six thousand one Inindred. The increase therefore since that time is eleven thousand nine hundred. The reasons of this increase are principally the great inducement people have to eome and settle in a Province where they could get fresh and good lands at a moderate price and plenty of good range for cattle, horses. and hogs, and where they will not be so much pent up and confined as




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