USA > Georgia > A standard history of Georgia and Georgians > Part 54
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Georgia in 1796 gave her four electoral votes to Thomas Jefferson for President and to George Clinton, of New York, for vice-president. Her electors chosen by the Legislature were : James Jackson and Charles Abercrombie, from the state at large; and John King and Seaborn Jones from the congressional districts .* At this time, the President and vice president were chosen as follows: each state was required to vote for two candidates, a rule under which the candidate receiving the high- est vote was declared to be elected President and the one receiving the next highest vote, vice president.
Until 1799, Georgia's two senators were James Gunn and Josiah Tattnall. The former was succeeded in 1799 by Abraham Baldwin and the latter in 1801 by James Jackson, who after holding the office of gov- ernor resumed the toga. Mr. Baldwin became president pro tem of the Senate. Though a Yazooist, Senator Gunn retained his toga until 1801, when he retired from public life after a continuous service of twelve years in the Upper House of Congress. But his connection with the Yazoo sale has denied him any large place in Georgia's history. Before entering the Senate, Mr. Baldwin had served for ten years in the IIouse. Eleeted to the First Congress in 1789, he relinquished a seat in the Fifth Congress to beeome a senator in the Sixthi. His colleague from 1795 to 1799 in the House was John Milledge.
To the Sixth Congress, which began on March 4, 1799, James Jones and Benjamin Taliaferro were commissioned as Georgia's two repre- sentatives. The former served for only one term. The latter was re- elected but resigned during his second term and was succeeded in 1802 by David Meriwether. John Milledge, who was again elected to Congress at this time, resigned before his term expired to become governor of Georgia and was succeeded in 1802 by Peter Early. Thus, in the Seventh Congress, Georgia, while allotted only two seats, was served by four mem- bers, each for a fractional term.t
* "Lanman's Biographical Annals of the United States Government, " pp. 513-514. t "Biog. Cong. Directory, 1774-1911," p. 51.
CHAPTER IX
THE GREAT CONSTITUTIONAL CONVENTION OF 1798-JARED IRWIN ITS PRE- SIDING OFFICER- ONE OF THE DELEGATES IS REV. JESSE MERCER, WHO MAKES A WINNING FIGHT AGAINST A CLAUSE IN THE OLD CONSTITU- TION, EXCLUDING MINISTERS OF THE GOSPEL FROM THE GENERAL ASSEMBLY-MEMBERSHIP OF THE CONVENTION-JAMES JACKSON'S PERSONALITY DOMINANT-THE SALE OF GEORGIA'S WESTERN LANDS DECLARED CONSTITUTIONALLY NULL AND VOID-BUT THE FEDERAL SU- PREME COURT IN A DECADE THEREAFTER PRONOUNCES THE SALE VALID -OTHER INFLUENTIAL MEMBERS-ROBERT WATKINS-DR. GEORGE JONES-PETER CARNES-JONAS FOUCHE-ALL IMPORTATION OF SLAVES FORBIDDEN AFTER OCTOBER 1, 1798-IMPORTANT CHANGES- DIVORCES AT THIS TIME GRANTED BY THE STATE LEGISLATURE-BUT THE NEW CONSTITUTION PROVIDES THAT BEFORE ANY DIVORCE IS GRANTED A TRIAL BEFORE THE SUPERIOR COURT MUST FIRST BE HELD TO ADDUCE THE FACTS-THIS CONSTITUTION THE ONLY ONE ADOPTED AT A TIME WHEN THERE WAS NOT A VIRTUAL REVOLUTION OF THE GOVERNMENT-DESTINED TO REMAIN IN FORCE FOR MORE THAN SIXTY YEARS-A MASTERPIECE OF LEGAL WISDOM AND STATECRAFT-THE JUDICIARY ACT OF 1799-OFFICIALS CHOSEN THEREUNDER-THE GREAT SEAL OF 1799-DESTINED TO REMAIN IN USE UNTIL 1815, A PERIOD OF 116 YEARS-ITS ORIGIN AND DESCRIPTION-WHO DESIGNED THE GREAT SEAL OF 1799-IMPORTANT INFORMATION BROUGHT TO LIGHT-DEATH OF WASHINGTON-GEORGIA THE FIRST STATE TO NAME A TOWN IN HIS HONOR-THE PRESIDENTIAL ELECTION OF 1800.
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From the molds of the great Constitutional Convention of 1798 there emerged a product of inspired statesmanship, so wisely and so maturely considered by the strong body of law-makers who framed it-so plastic in its adaptability to the ever changing needs and conditions of the state -that for more than sixty years it constituted an overshadowing aegis under which our people lived in prosperity, happiness and content. It was finally superceded by the Constitution of 1861 adopted by the famous Secession Convention at its adjourned session in Savannah. But the new constitution was in essence the old Constitution of 1798, modified only in a few minor particulars to meet the requirements of a new con- federation.
Governor Jackson crowned with the laurels of his great victory in thwarting the Yazoo conspirators came to the executive chair only a few months before the convention met but this high office did not disqualify him from sitting as a delegate in this assemblage to which he had been chosen in the general election of 1797. Not only was Governor Jackson the most conspicuous figure on the floor of the convention but his was
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likewise the most potential influence in remolding Georgia's Organic Law. There was hardly an important feature of the instrument upon which the impress of Governor Jackson's mind and character was not distinctly stamped; and in a double sense therefore the Constitution of 1798 was the distinguishing glory of his administration.
Georgia's first state constitution adopted in Savannah, on February 5, 1777, was only a temporary makeshift. It was framed amid the con- vulsive throes of a revolution the issues of which no one could clearly foreshadow. But it weathered the storm of war and rendered the state good service until Georgia's entrance into the Federal Union, when it was necessary to change the state constitution in conformity with the Constitution of the United States. Accordingly in 1789, at Augusta, a new state constitution was framed to the workmanship of which three separate conventions contributed; but it did not give entire satisfaction. Six years later, in 1793, the people once more assembled in convention to recast the fundamental law, this time in Louisville; but due to the general conditions of upheaval caused by the Yazoo Fraud only a few alterations were proposed. Nothing radical was attempted. It was deemed best to postpone for a season this important work to which an undivided interest was essential; and accordingly a new convention was called to which all unsettled issues were referred.
Pursuant to call, there assembled at Louisville on Tuesday, May 8, 1798, a body of lawmakers in which every important interest of the state was represented and to which every learned profession contributed. There were fifty-six delegates in attendance, representing twenty-one counties. Jared Irwin, who had lately served the state as governor, was the presiding officer of this history-making convention. He shared with Jackson the honor of extinguishing the Yazoo Fraud; and to the famous Rescinding Act of which Jackson was the author his signature as gov- ernor was attached. High and radiant, therefore, on Georgia's roll of honor shines the name of Jared Irwin.
One of the delegates to this convention was the great Jesse Mercer; and it was due to his championship that a clause of the old constitution excluding ministers of the gospel from membership in either branch of the Legislature was abrogated. When it was proposed to put the same inhibition into the Constitution of 1798 Mr. Mercer proposed to amend by excluding also doctors and lawyers. This touch of humor was more effective than argument to show the manifest injustice of such a bar to ministers-the men of all others to whom we look when great moral issues are at stake or vital principles are involved.
But the monumental character of this convention's work was such that each member's name deserves to be preserved in connection with this great instrument. The full list of delegates chosen to the State Convention of 1798 was as follows: *
Bryan-Joseph Clay, J. B. Maxwell, John Pray.
Burke-Benj. Davis, John Morrison, John Milton.
Bulloch-James Bird, Andrew E. Wells, Charles MeCall.
Camden-James Seagrove, Thomas Stafford.
Chatham-James Jackson, James Jones, George Jones.
* "Georgia and the Georgia People," George G. Smith, p. 179.
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Columbia-James Simms, W. A. Drane, James MeNeal. Effingham-John King, John London, Thomas Polhill. Elbert-Wm. Barnett, R. Hunt, Benj. Mosely. Franklin-A. Franklin, R. Walters, Thomas Gilbert. Glynn-John Burnett, John Cowper, Thomas Spalding. Greene-George W. Foster, Jonas Fouche, James Nisbet. Hancock-Charles Abercrombie, Thos. Lamar, Mathew Rabun. Jefferson-Peter Carnes, Wm. Fleming, R. D. Gray. Jackson-George Wilson, James Pitman, Joseph Humphries.
Liberty-James Cochran, James Powell, James Dunwody. Lincoln-Henry Ware, G. Wooldridge, Jared Grace. MeIntosh-John H. MeIntosh, James Gignilliat.
Montgomery-Benjamin Harrison, John Watts, John Jones. Oglethorpe-John Lumpkin, Thos. Duke, Burwell Pope. Richmond-Robert Watkins, Seaborn Jones. Screven-Lewis Lanier, J. H. Rutherford, James Oliver.
Washington-John Watts, George Franklin, Jared Irwin.
Warren-John Lawson, A. Fort, Wm. Stith.
Wilkes-Matthew Talbot, Benj. Taliaferro, Jesse Mercer. 4
Since Governor Jackson's personality was in a sense the axis around which this great convention revolved we are not surprised to find in the Constitution of 1798 a paragraph declaring the sale of Georgia's west- ern lands constitutionally null and void and repudiating the whole transaction. Moreover a concurrence of two-thirds of the members of the General Assembly was made requisite in future before any vote, resolution, law or order could pass granting a donation in favor of any person. Section twenty-three, defining the boundaries of the state, also came from the pen of Governor Jackson; and he is credited with hav- ing written in addition a part of the section establishing a new judicial system.
Says Mr MeElreath : * "Among the other prominent and influen- tial members of the convention were: James Powell, of Liberty county, chairman of the committee of the whole house; Robert Watkins, of Richmond, who wrote section eighteen, article one, which provided that every senator and representative should, before taking his seat, purge himself of having been guilty of corrupt practice in securing his elec- tion; Dr. George Jones, of Chatham, who wrote section seven, article four, concerning the promotion of the arts and sciences by the establish- ment of seminaries of higher learning, thus embodying in the funda- mental law the recommendation of Governor Lyman Hall to the Legis- lature of 1783 and providing the permanent legal foundation upon which the State university was established at its present site in 1801; Peter Carnes, of Elbert, who wrote section eleven, article four, pro- hibiting the importation of slaves after the first day of October, 1798; Rev. Jesse Mercer, of Wilkes, who wrote section eighteen, article four, regarding religious freedom; and Jonas Fouche, of Greene, who wrote section eight, article three, which provides for the digesting and pro- mulgation of the law."
Georgia, in the great Convention of 1787, called to frame the Fed-
* " MeElreath on the Constitution, " pp. 97-98.
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eral Constitution, had insisted upon a continuanee of the slave traffic and, with the help of South Carolina, had seeured a compromise fixing the year 1808 as the time for the slave traffic to terminate; but in the State Constitution of 1798 we find Georgia of her own accord prohibit- ing all importation of slaves after the first day of October, 1798 .*
As in the Constitution of 1789, so in the Constitution of 1798, there was no separate article known as a "Bill of Rights," but a number of fundamental principles usually found in such an article were asserted. There was to be one senator from each county, as under the old consti- tution, but years later this section was modified and for a while the state was divided into forty-seven senatorial distriets; then for a few years there was a reversion back to eounty representation; and finally in 1861 the state was divided into forty-four senatorial districts.
Membership in the House was to be determined by population. Heretofore each county's representation had been constitutionally fixed. Now only the aggregate number of members was determined. Until a eensus could be taken, the new constitution fixed a temporary apportionment providing for sixty-two members; but whenever a new county was organized it was to be given representation on the same basis as those already organized. No county was to have more than four representatives nor less than one. Three-fifths of the slaves were to be enumerated in fixing a county's voting strength.
The Legislature was to be elected annually and unless called to- gether in extra session was to meet annually on the second Tuesday in January; but the date of meeting was afterwards changed to the first Monday in November.
Property qualifications for membership were reduced by the new constitution and were still later entirely abolished.
There were no material changes made in the powers of the governor ; but the judicial power of the state was vested: (1) in a Superior Court; (2) in such inferior jurisdietions as might be ordained by the Legislature; (3) in inferior eourts for each county, and (4) in justice eourts, of which there were to be two in each captain's district. Until this time, the inferior courts had existed only by statute.
Divorces were granted at this time by the Legislature. But the Con- stitution of 1798 provided that before any divorce was granted the par- ties should first be given a trial before the Superior Court. Thus, in a sense two verdiets were necessary to make the divorce final, the first by the court and the second by the Legislature. Eventually power was con- ferred upon the courts to render both verdicts.
To conclude this resume, we quote the following paragraph from Mr. MeElreath. Says he: t "It is an interesting fact that the Constitution of 1798 is the only constitution ever adopted by the people of Georgia at a time when there was not a virtual revolution of the government itself. The Constitution of 1777 was adopted in consequence of the easting off of the state's allegiance to Great Britain and of the neces- sity for setting up an independent government ; that of 1789 on account of the abandonment of the Articles of Confederation and the adoption
* "Watkins' Digest," pp. 31-43.
t "MeElreath on the Constitution, " pp. 114-115.
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of the Federal Constitution; that of 1861, on account of the secession of the state from the Federal Union; that of 1865, on account of the fall of the Confederacy and the necessity for obtaining readmission into the Union; that of 1868, on account of the refusal of the Federal Government to readmit the State under the Constitution of 1865, mak- ing the adoption of another Constitution a condition precedent; that of 1877, when the people of Georgia resumed control of their own affairs, after the end of the Reconstruction era. The Constitution of 1798 and the present Constitution are the only ones which represent a settled condition of the state's organic law; the others represent temporary conditions and transitional periods. In many respects the Constitution of 1798 was the greatest of all the Constitutions which the state has had. It gave fuller force and power to the executive and judicial departments of the government than the earlier Constitutions and restricted the legislative branch far less than the later ones. * * *
The Constitution of 1798 remained of force as the fundamental law of the state for sixty-three years-nearly one-half the entire period of the state's life-and was then repealed only because it was necessary to create a new government.
When the first Legislature met after the adoption of this new Con- stitution au important legal reform was instituted in which Georgia led all the other states of the Union. In what is known as the great Judici- ary Act of 1799 the General Asesmbly abolished special pleading, thus greatly simplifying court procedure and emancipating justice from many of the complicated technicalities and impediments of the English law. There are comparatively few states which have not since followed Georgia's example. But in an effort to establish a Supreme Court by statute the Judiciary Act of 1799 was less successful. It provided that the judges should meet annually at the seat of government for the purpose of making rules and while thus in convention they were re- quired to settle such points as were reserved for argument and which required a uniform decision. But in 1801 this clause of the judiciary act was repealed. All points reserved for argument by the judges in convention at the seat of government were remanded back to the coun- ties from which they had come, to be decided by the presiding judge. For reasons to be given later, Georgia possessed a deep-seated prejudice against a Supreme Court, nor was it until 1845-nearly half a century later-that her repugnanec to such an establishment was finally over- come.
Under the Judiciary Act of 1799 Georgia was divided into three superior court circuits : the Eastern, the Middle and the Western. To each of these circuits eight counties were assigned. David B. Mitchell was elected judge of the Eastern Circuit; George Walton, judge of the Middle Circuit; and Thomas P. Carnes, judge of the Western Circuit. Two of these circuits had been in existence since the adoption of the State Constitution of 1789 : the Eastern and the Western, the judges of which were to alternate in holding court. During this period the judges of these two courts were as follows: George Walton, 1790-1792; Henry Osborne, 1790-1791; John Houstonn, 1792-1796; William Stith, 1793- 1793; George Walton, 1793-1796; William Stevens, 1797-1798; John Glen, 1798-1798; Thomas P. Carnes, 1797-1798.
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The Middle Cireuit had been in existence sinee 1797.
William Few was the first judge of the Middle Circuit, holding office until his successor, George Walton, formerly judge of the Western Cireuit, qualified under the new State Constitution.
Thus we find the beginnings of our present judicial system elearly defines in the great Judiciary Act of 1799.
The Convention of 1798 authorized the adoption of a new Great Seal for the State but left the details of its design to be determined later. On February 8, 1799, the Legislature, acting under this authority, adopted a Seal which, for one hundred and sixteen years, was used in attesting important State papers, for the validity of which the Great Seal was required. In faet, it was used long after its imprint eeased to be legible. It consisted of two solid plates of silver, each of which was a quarter of an ineh thiek by two inches and a quarter in diameter. The Great Seal was kept. by authority of law in the office of Secretary of State. According to the records, it was first used on July 4, 1799. The following description of the Great Seal is taken verbatim from the Code of Georgia .*
The deviee, on one side, is a view of the seashore, with a ship bear- ing the flag of the United States riding at anehor near a wharf, receiving on board hogsheads of tobacco and bales of cotton, emblematic of the exports of this State; at a small distance a boat, landing from the inte- rior of the State, with hogsheads, etc., on board, representing the inter- nal traffic, in the back part of the same side a man in the act of plowing, and at a small distance a flock of sheep in different pastures, shaded by a flourishing tree; the motto thereon: "Agriculture and Commerce, 1799."
The deviee on the other side is three pillars, supporting an arch, with the word "Constitution" engraven within the same, emblematic of the Constitution, supported by the three departments of government, viz., legislative, judicial and executive-the first pillar having engraven on it "Wisdom, " the second "Justice," the third "Moderation ;" on the right of the last pillar a man standing with a drawn sword, represent- ing the aid of the military in defense of the Constitution; the motto, "State of Georgia, 1799."
When the great seal of the state was adopted, in 1799, tobacco fur- nished the chief agricultural erop of the state and there were numerous warehouses ereeted for the inspection of the plant, but with the inven- tion of the eotton gin by Eli Whitney, cotton gradually gained the aseendeney over tobaceo, until the cultivation of the latter was finally discontinued.
In an old issue of the Louisville Gazette, dated February 26, 1799, Governor Joseph M. Brown, during his second term of office, found an executive order, signed by Thomas Johnson, secretary to Governor James Jackson. It calls upon artists throughout the world to submit drawings for the proposed new great seal of the state, an outline sketch of which was furnished, in terms of the aet approved February 8, 1799; and to supply an adequate ineentive to genius, the sum of $30 was offered as a premium. It was further stipulated that the drawings were to be
* Code of 1895, Vol. I, p. 66.
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lodged in the executive office at Louisville, on or before the 20th of April, 1799. At the same time, it was ordered that proposals be submitted by the same date for making and engraving the device; and July 3, 1799, was fixed as a limit within which to complete the contract.
Governor Brown was fortunate enough to procure copies of the Louisville Gazette for subsequent dates; and, in an issue of the paper, dated March 7, 1799, he found this paragraph, the statement contained in which throws an important side-light upon the history of the great seal. The paragraph reads as follows :
"We understand that the device approved of by the Governor for the Great Seal of this State was drawn by Mr. Sturges, the state surveyor- general. The most elegant drawing sent to the Executive Department was performed by Mr. Charles Frazer, of South Carolina, and which we are assured would have obtained the premium had he not through mis- take placed all the figures on one side instead of making a reverse. This young artist we are informed is but sixteen years of age-his genius is great, and deserves encouragement. Several other handsome perform- ances were sent to the Executive."
In a still later issue of the same paper, Governor Brown completed his quest for information in regard to the great scal by discovering the full name and title of the designer, in a card announcing his business -Daniel Sturges, surveyor-general. It is late in the day to bestow upon the designer of the Great Seal of Georgia the lionor to which he is unde- niably entitled. But justice often lags. The historic page is full of tardy recognitions ; and, after the lapse of more than a century, Georgia, with the help of an honored governor, removes the dust which has long rested upon one of her brightest names. Hereafter let no one forget to honor this pioneer Georgian to whose artistic genius is due the Great Seal of the Commonwealth.
To use the great seal, wax was rolled out into thin wafers. Gilt paper, ent circular in form, the exact size of the die, with serrated edges, was next laid upon each side of the wax wafer; and, at the same time, rib- bons were inserted between the wafer and the paper dises. This done, the wafer was then placed between the plates of the die and stamped tightly, leaving the devices imprinted on either side of the soft wax and revealed, like an engraving, on the gilded paper. This was then attached by narrow ribbons to the document of state, forming what is known as a wax pendant.
The custom of attaching seals of this character to official documents is extremely ancient, dating back to the earliest manuscript of record in the oldest states of the Union. Since then a method of stamping which euts an impression in the paper to be attested has come into general vogue, and the use of the wax wafer by means of ribbons, in the manner above described, has become obsolete. Georgia until 1915 was the only state which still adhered to this antiquated custom, and the reluctance of our lawmakers to adopt the new method was only an expression of the conservative spirit which has always characterized the typical Georgian.
As to the purposes for which the great seal is used, there is a lack of correct information even on the part of some who are supposed to be
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well informed. It is not used on all papers, issuing from the secretary of state's office, but only on documents of an extraordinary character, such as charters, land-grants, and commissions to public servants, in- eluding governors, state house officials, judges of the Superior Court and solicitors general. It is also used in attesting all interstate and in- ternational documents. Every paper going out of the state, for which Georgia's official attestation is required, must carry the great seal; but for ordinary official transactions what is known as the seal of the sec- retary of state is employed.
Continuously until 1915 the great seal adopted at this time fulfilled the solemn purposes for which it was designed, but in the year above mentioned a new seal of the same design superceded this emblem of Georgia's sovereignty ; and the old seal of 1799, in the presence of the secretary of state and by authority of the General Assembly was defaced by Governor Slaton. What remains of this old seal-two mutilated dises of silver-are still preserved as sacred relies of Georgia's historic past, in the secretary of state's office at the state capitol.
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