USA > Georgia > Colonial Records of the State of Georgia, Volume 23 > Part 7
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Concerning a bill owed by Mr. Ham- merton.
Extract from a par- agraph with no small import.
Touching upon & difference between Mr. Parker and Mr.
108
COLONIAL RECORDS
Mr. Stephens to the Trustees.
after that Cabal was formed, I gave as exact an acc' as I could come at the knowledge of what pass'd. during the Baronets presiding in those Conneells; wherein without partiality, or at- tempting to skreen Mr. Parker; I plainly related his being drawn in, to sit 2 Evenings. among 'em; but upon finding they were driving at such things as he could in no wise comply with, that he left 'em; & in all cases relating to the Publick (particularly at the Court soon after holden) withstood 'em as an honest man; Mr. Jones & he readily joyning in every thing, at that time expedient, as if no difference had arisen: but what lengths he had gone before during his con- versation with those people, I could never learn; and it must be supposed it was then he put those complaints into their hands, which M Hammerton now wrote me of. As to my self, I am very easy under whatever complaints may be made (if any) against me : & M- Jones I am willing to believe will acquit himself of all fraudulent practices- But as I said in the former part of this letter, that it behoved me to be cautious in delivering my thoughts on yt Sub- jeet, least I should fall into an Errour; I hope twill not be deemd imprudent in me, if I take time to consider well of it till my next. ST. Rich Everard and his companion in Travel Mons' Hector de Beaufain, I presume are well on their way now to London, with their full Budget of Grievances, intended (as tis said) to be laid before his Majesty; whom (if it may be believ'd) this Mr. Hector has free access to at
Sir Richd. Everard and his compan- ion in travel, Mons. Hec- tor de Beaufain.
109
CORRESPONDENCE
John Pye to the Trustees.
any time- Thus far-& here I take my leave of 'em: only the Knight has left this comfort behind him, for the Brethren: that upon his Majestys taking this Province under his own care, wch they depend upon; He stands a fair chance with his Interest, to return hither as Governour of it, or Chief Justice at least; when I may as well expect my Sons office to be Sollici- tor General. I am
S. / Your very humble Servant
Will : Stephens.
To M' Benjamin Martyn Secretary to the honourable Trustees for establishing the Colony of Georgia.
(From B. P. R. O., B. of T., Georgia, Vol. 22.)
LETTER FROM JOHN PYE TO THE HONBLE. THE TRUSTEES-
Savannah Octobr: 4th: 1741.
Honoble .. Gentlemen,
On the 4th .. of September last I had the Hon- our to Receive two Letters from your Honours, One Wrote by M' Benjamin Martin your Hon- ours Secretary dated Ap1 .. 24 Informing me what the Business of the Recorder is : the other from M' : Harman Verelst Accotant : of Ap1. 27th : Informing me that your Honours had orderd M'. Stephens to Pay me the Allowance due from
The Knight's expectation of becom. ing Governor of the Colony and Col. Steph. en's son Solicitor General.
Letter setting forth the business of the Recorder.
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COLONIAL RECORDS
John Pye to the Trustees.
Mr. Pye having dispute over allowance due.
Mr. Jones, Mr. Parker and Mr. Fallowfield Mr. Pye's enemies.
Lady Day 1740 I have waited on M. Stephens Six or Seven times, Show'd him my Letters and pray'd him to Comply with your Honours Orders; he put me off from Day to Day under a Pretence that he must Consult M' Thoss .. . Jones, till the 14th: when he sent for me to come to him to the Store, Mr. Jones being Present, they told me that your Honours Orders was not Clear to them and that they must Write to you before they could Pay me, but they told me that they would Compleat the time if I would take 40€ .. for it, and pay them the Money I have Receiv'd (out of it), Amounting to 18€ .. 10s. which Sum I was Obliged to Refuse knowing myself to be much Injured. Upon which Mr. Jones told me that he would not agree to Pay me One farthing, unless the Baylifs Certified my Records, as M' Jones is my Enemy as well as Mr. Parker & M. Fallowfield (I am Likely to be kept out of my Money till I have an Answer from Your Hon- ours & Consequently must want Necessarys of Life, Unless Providence Provides some other Means to Support my familly) I have Apply'd to them all Severall times to meet and Examine my Records in Order that I might Post them fair into a Board Record Book but all to no Purpose, for they Act in this as in most other things, Put me off from Day to Day & Month to Month, but at the same time they say that the Records will not be Authentick. Unless they are Examind alter'd & signed by them.
As I am Certain their Intention is to hurt me if they can by all Possible Means, I thought Pro-
111
CORRESPONDENCE
John Pye to the Trustees.
per for my Security to take two Copys of the Proceedings of Court; unless they should by force Oblige me to let them alter them; And as they Consist of nothing but what is Truth with Plainess I cant consent to let them do it, without wronging my Consience as well as Convinceing the world, who Knows my Capasity that they are Alter'd If your Hon's: shall think Proper to order it to be done. I shall Readily Comply. Your Honours may Judge the Usage I meet with Partly by the two underwritten Instances Vizt. on the 8th Day of August last M. Parker & Mr Jones sent and desired I would bring my Record Book and Papers to them to M'. Stepli- ens's, which I did, and while M' Henry Parker and I were Examining some Papers, Mr. Jones took out of my Registerd Bundle, a Warrant which he had some days before Issued ag. Robt. Williams & which was Return'd to my Office, by the Tythingman James Carwells & a Proper Discharge given by Mr. Fallowfield One of the Baylifs. When I came home &. Examin'd my Papers I was much shoek'd Missing the said Warr. & on the 12 .. I Suspecting Mr. Jones Ask'd him about it who Answer'd he took it out, & said that it did not belong to me, but to the Goaler & therefore would not give it me. On the 16th: of September likewise Mr. Jones sent for me to come to the Store, who as soon as I rame Charg'd me with takeing from thence M': Christie's Record Book. & brought William Russell Clerk to him to prove it; I was so much shockd at the Affair being intirely innocent &
Accused of taking Record Book from Mr. Christle.
112
COLONIAL RECORDS
John Pye to the Trustees.
knowing M' Jones to be my Enemy did not know what to Urge to Convince them of my Innocency M' Jones told the other that it was of a Fel- oneous Nature & should be Considerd of &c- But M. Causton being Present told them if they wo'd Look among the Acco': Books in the Store they might likely find it, where as he said upon search he found it- Notwithstanding M. Thomas Jones my Accuser did not so much as Acknowledge his Mistake; I have wrote to Gen- eral Oglethorpe of the Affair & must Beg Leave to say, that if Your Honours dont call Mr. Jones to an Acco'. for his Behaviour to me, I shall not be able to Continue in your Honours Service. As I have always waited upon the Baylifs & done their Business when Required; On the 19th of September last they took the Liberty, to send for me & told me that they had agreed, that I should take the Depositions of the Sailors who bro'. into this Port the Ship Ceasar who upon my Refusing Doing it, told me that if I would not do their Business should not be paid any- thing: I told them I would Obey Your Honours Orders in all things, & if you orderd me to do that or any other thing I would do it with a great deal of Pleasure which Your Honours may always Depend on as far as my Ability will allow-
If my Credit should fail & Necessity Oblige me I hope your Honours wont take it Amiss If I should Draw a Sett of Bills of Exchange for the Ballance of my Account, Amounting to 63€ .. 15"/ or thereabouts.
FAX
Unable to continue in Trustees' service if Mr. Jones is not called to account.
113
CORRESPONDENCE
Jas. Carwels, Supposedly to the Trustees.
I hope your Honours will excuse this as well as all other my Weak Actions, who am a Well wisher to the Colony & also
Your Honours Most Dutifull & Oblig'd Hble Servant John Pye.
P. S. Savannah (if it was not for the Ill Man- agement of the Gentlemen Appointed by your Honours here, & the Indolence of those that should Manure the Land) would be the Most Delightfullest Place in America; I have inelosd a List of the Inhabitants with an Accot. how they Employ their time now, & have done it for 12 Months past.
To the Honble. the Trustees.
(From B. P. R. O., B. of T., Georgia, Vol. 22.)
LETTER FROM JAS CARWELS, SUPPOSED TO BE TO THE TRUSTEES 15 OCTOBER 1741 RECP 15 JAN- UARY 1741 (SIC)
May it Please Your Honours
In pursuance to your Hon"s. Direction, and Order, that every Land Holder here should represent his Case. I do my Self the direction to obey it-
In first acquainting you in Case your Hon's: by multiplicity of Business have forgot that I have been one of the first Settlers, and, nomi-
A list of the Inhab- itants of Savannah sent the Trustees.
An Order for every Land Holder to repre sent hix case.
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COLONIAL RECORDS
Jas. Carwels, Supposedly to the Trustees.
Only one who under. stood military affairs.
nated a Tything-Man; But as being the only one in that Post that understood Military Affairs was obliged to act as adjutant to exercise our Frecholders as Militia and likewise as Con- stable, under many who understood nothing of Je Matter ye which office took up almost my Time tho' not alowed any extraordinary allow- ance for my time and that it occasiond that after having cleard and planted my five Acre Lott I lost the benefit of my Crop .--
Given orders to take possession of the jail.
Went as Volunteer on the ex. pedition to St. Augustine.
The &'": of Jan" : 1736/7 I received orders to take possession of ye Jayl under ye Denomina- tion of Master of the Work-house at 12º : Caro- lina Curry: ": Month but only provisions for my Self. Tho' it was agreed that I should have two Servants which I never had and all Utencils required for Cooking & for ye use of Prisoners ; vet I was obliged to purchase those utencils at my own Expence even to a watter Cask, and after above two years in ye Office,-I was dis- charged ye 120: of March 1738/9 only receiving my Salary of 12: Fr: Month : without any other Consideration ; upon which Sudden discharge I deliver' in a Bill to M': Tho': Jones to be pre- sented to his Excellency Gener': Oglethorpe which Bill was never answer'd and in which I charged 14: 6% For day for ye above wanted at- tendance & Charges After this Disapointment I departed yº 9th: of May as a Volunteer on ye Expedition at St Augustine upon His Excel- leney's Promisses that he would give me En- couragement which He did not 'till ye 1st: of
115
CORRESPONDENCE
Jas. Carwels, Supposedly to the Trustees.
June after where then I was enter'd as a private Ranger at 16€. Car : Curr': {" month; I was on ye party Ordered at ye [torn] nson and in ve Skirmish that happen'd there where I unhappily lost {jointly with Many others { my Horse Sad- dle & bridle & Narrowly escaped with my Life ye Horse I had received but five Days before and ye Saddle & Bridle cost me 1º .. 10sh .. Ster: & tho' ye Horse was taken from ye Spaniards yet I was Charged for 5º Ster: in my Acc': jointly with two pounds Sterl: that I receiv'd at ye Metanzys for reclothing my Self as well as others in my Escape. these jointly to many other Cases in which I have been hardly used here. the enumeration of which would take up too much of your Hon's. time to peruse. Thus may it please your Hon's: by my Hopes having been baffled by unperform'd Promisses, and by nye nine Years of my time zealously expended here in publick Servises without a deserved re- ward. unless that growing Stricken'd in years and unable to perform hard Labour and now reduced to very low and melancholy Circum- stances; Therefore I humbly hope that your Hon's. will take my hard Case into Considera- tion & be pleased to redress it by ordering ye Paiment of my Bill of Charges when Master of ye Prison, & Some reward for my extraordinary time expended when acting as Adjutant & Con- stable &c Or in any other maner that Your Hon's. shall be pleased to Judge proper & for which great Favour granted I shall be ever
Lost Horse, Saddle and bridle and narrowly escaped with life.
-
116
COLONIAL RECORDS
.
Letter from Thos. Jones.
Obliged to Subscrible [sic] my Self with ye utmost Respect
Your Honours Most Humble Most Obliged and Most Obedient Servant James Carwels
Deated The 15th October. 1741
(From B. P. R. O., B. of T., Georgia, Vol. 22.) LETTER FROM THOS. JONES
Savannah. 23ª October 1741
Sir
I take this Oportunity to communicate a few Minutes & observations I've taken during the time y' Rob' Williams, and his Baronet, So- journed wth Us, this last Summer.
I would not have presumed (had I Leisure & Capacity) to have troubled You wth any Narra- tive of Affairs or Transactions in Georgia, were it not, that this last warm Summer had pro- duced Such a Variety of heterogeneous & mon- strous Productions, That, Colon" Stephens (I judge) could not transmit a particular Accot thereof to their Honours.
A Variety of hetero- geneous and non- strous pro- ductions.
117
CORRESPONDENCE
Letter from Thos. Jones.
Mr. Robert Williams having form'd a Party, by means of S' Richard Everard & M' William Norris, Spared no Cost or pains, to bring about his destructive Scheme, Mr Fallowfield & Pye being willing & early Votaries. They at length prevailed with M. Henry Parker (on the 8th June) to enlist in that Service, by means of his beloved Liquor, which they took Care to Supply him with, both in Town & Country, and kept him warm & Steady, until Our Court day, (the 7th July ) - At which time, A Grand Jury, which had been agreed to be empanelld, by the two Bayliffs & Recorder, wth the Advice of S' Rich- ard, appeard, & were Sworn in Court- It had been usual to give the Jury, when Sworn, some Advice by way of charge, But after Some Minutes Silence, M. Henry Parker directing his Speech to the Jury, Said, Gentlemen, If you know of any matters proper to be laid before ye Court, you will consider of them, And if any- thing comes before us We will acquaint you with it .--
The Foreman (Robert Williams) desired. That the Court would appoint them a Messen- ger, whom they could Send on Errands, which was granted: And an order was made That the messenger be paid two shillings { day, during the time he should be employd by the Grand Jury, out of the Sum Appropriated by the Trusts. for the Execution of Justice &c. 'I had 'at ye Request of ye other Bayliffs, often, on such 'Occasions, delivered my Thoughts by way of 'Charge to ye Grand Jury sworn, concerning
Mr. Robt. Williams forms party to bring about de. structive scheme.
Mr. Henry Parker prevailed upon to join Mr. Williams' party.
Mr. Park- er's speech to the Jury.
A messenger appointed by the Court to send on errands.
118
COLONIAL RECORDS
Letter from Thos. Jones.
Mr. Brown- field Fore- man of the Grand Jury.
'their Duty-What Matters were the Subjects 'of their Enquiry, and how they were to proceed 'in their Enquirys therein- At ye Court in 'April last, Mr. Brownfield being then Foreman 'of ye Grand Jury, (who, I knew to have aprov'd, 'and Still was fond of, the Remarkable proceed- 'ings of the Jury in 1738, when Mr. Williams 'was their Foreman (I told them Inter Alia) "That they might and ought to present all 'Nusances, And Such Offences a's were agt his 'Majesty's Peace, or tended to destroy the 'property, or disturb the Quiet and Welfare of 'his Matys Subjects in this Colony, that came to 'their knowledge; Tho' the same were not bro't 'before them by way of Bills of Indictmt ..- But 'when any Bills were presented to them. The 'same ought to be drawn by the Recorder, or 'other Officer, whom the Court should aprove 'of, And the Witnesses to such Bills must be 'Sworn in Court, to give Evidence thereon, in 'presence of One (at least) of the Jurors, who 'was then to take these Bills (The Witnesses 'Names being first endorsed thereon, & markd. "Sworn.) to the Jury in order to their being by 'them examined- I added, That I knew this 'to be the constant Practice of the Courts of 'Sessions and of Grand Jurys in England, which 'I had for Some Years been acquainted with, 'But referrd my Judgemt. to ye opinion of my 'Brethren M. Parker then said, That what I 'had recomended to them was the Opinion of 'the Court, and hoped the Grand Jury would 'regard it as Such- I then recomended to
Proceeding of the Court.
119
CORRESPONDENCE
Letter from Thos. Jones.
'the Jury to consider what they had Solemnly 'Sworn to- That they would make true pre- 'sentmt of all such matters & Things as Shall be 'here given You in Charge .-
The Jury having withdrawn, went to the House of Andrew Grant. where the Recorder attended them. (The Court being Adjournd to ye next morn) And there administred an Oath to Such Persons whom the Grand Jury sent for ---
To make true Answers to such Questions as the Jury should ask or demand of them: Some of the persons, so Sent for desired to know, What Matters or Things they were to be ex- amined upon ; but could have no other Satisfac- tion or Answer. Than, That they must take the Oath required.
The next morn (July 8th) The Bayliffs & Re- corder being met in Court told them- That Several of the Inhabitants complained to me, That they had been sent for (yesterday) to at- tend the Grand Jury, and compelled to take an Oath, Ex Officio, before the Recorder, M. H. Parker, said That he heard the Same Complaint made, & That he had declared his Opinion, (yes- terday) to M'. Fallowfield & Recorder, That he judged, The tendering an Oath, at large, to any person, obliging him to answer Whatever the Jury should interrogate him upon, especially when done by a Single Magistrate, out of Court, to be illegal, And contrary to the declared Opin- ion and Order of this Court- Mr. Fallowfield
The ad. journment of the Court.
The tender. ing an Oath at large.
120
COLONIAL RECORDS
Letter from Thos. Jones.
replyed, The Recorder hath power to administer Such Oath, and will be justified in what he has done- I then Said, That I was well assured, The Recorder nor any other, had legal power to administer, much less require any person to take, an Oath Ex Officio, thereby obliging him- self to answer all Interrogatorys touching every matter, indefinitely- The Same being contrary to the first Great Charter of English Libertys- It is a known Maxim in Our Laws (and often in the Mouths of Englishmen) No man can be obliged (on Oath) to accuse himself of a Crime; That the Oath lately imposed by M' Recorder had drawn Some, unwarily, into that Inconven- ieney, was evident, by what M. Jas. Wardrope (now present) declared to me, That he was . yesterday Sent for and compelled to give Evi- dence, on Oath, before the Grand Jury, to a Bill of Indictin' preferred by them agt John Gold- wire and Since returnd to this Court, a True Bill -- Whether the Offence wherewith Goldwire is charged be of that Nature as to involve Ac- cessories in the Same Guilt, I would not deter- mine But M. Wardrope, by the Accot. he has related to me, of that matter hath acknowledged himself, to be ( what's called) Particeps Crimi- nis: I added- Now having mentioned M' Wardrope- I desire to know of Mr. Recorder, Whether he administred An Oath to M. Ward- rope before his being examin'd by the Grand Jury! The Recorder answered Yes- I desire further to know, Whether the Oath was admin- istred to, and taken by Mr Wardrope in the
Mr. Jas. Wardrope compelled to give Evidence.
CORRESPONDENCE
121
Letter from Thos. Jones.
usual form, by laying his Right Hand on the Evangelists, and then kissing the Book? The Recorder not answering: M' Wardrope stood up, and said, That he had often been Sumoned to attend the Service of this Court (Since he came into this Colony) and required to take an Oath by laying his hand on the Book; which he always refused to comply with, being against his Conscience, (looking on that Form to be un- lawfull) ; But at Such Times declared his Readi- ness to take An Oath, by lifting up his hand towards Heaven, thereby appealing to the Searcher of Hearts, for the Truth of what he should declare, Yet was never admitted to his Oath till Yesterday- That the Recorder gave it him in that Form, by lifting up his hand to Heaven :
I told M. Wardrope, That (for my part) I greatly aproved of his pursuing the Dictates of his Conscience in this Matter, as I doubted not, he did it in all his Concernmts: But it having been the declared Opinion of this Court at all times, (especially on a late Occasion). That no person shª. be admitted to his Oath, who refused to take it in the Usual Form practiced (if not prescribed by Law) in England- I did not think What had been lately done by Mr. Record- er therein, quite so regular. M'. Fallowfield re- plyed, That tho' he had been of a contrary Opin- ion, Yet he was now well assured. That what the Recorder had done in administring the Oath to M. Wardrope was right, And that he advised and Aproved of it.
Manner in which oath was ad. ministered to Mr. Wardrope.
122
COLONIAL RECORDS
Letter from Thos. Jones.
A bill of Indictment found against Kenneth Mackenzie and Rich- ard Kent.
The Jury then coming in, delivered into Court (among others) a Bill of Indictm' found by them against Kenneth Mackensie on ye Oaths of St. Richa M' Norris & Kenedy Obryan for Opening, & divulging ye Contents of a Letter writ by St. Riehd to Obryan- And also a Bill of Indictment against Richard Kent for issuing Warrants & obliging persons to enter into Re- cognizances, with Sureties, before him; he not having any Authority for So doing- As also another Bill agt the said Mr. Kent, for not taking ye Oaths, appointed &c.
Copy of Mr. Mackenzie's Letter to Mr. Fraser.
In order to explain ye Occasion of these pre- sentm". (Copys of which, I suppose, have been sent you)- In June last S'. Richard, being then at Savannah, Sent a Letter, by one Gideon (servant to Mackensie) directed to Kenedy Obryan at Augusta, who delivd it to Obryan ac- cordingly- Some time after Mackensie writ to Mr. Fraser, (his partner then at Savannah) Of which the enclosed is a Copy, which was soon made public-
Mr Elchard Kent. Esqr .. given ap- pointment by Gent. Oglethorpe.
Acted with great prudence and care.
His Excellency, General Oglethorpe, when at Augusta, in 1739; appointed Richard Kent Esq'. (Comander of that Fort) by Comission un- der his hand Seal, (wch Comission I have Seen, but have no Copy thereof) A Conservator or Justice of the Peace for Augusta, and the Indian Nations within ye Colony of Georgia, By Virtue (as mentiond therein) of Powers granted him by His Majesty-Mr. Kent acted as Such, wth great prudence & Care (so far as we have heard)
123
CORRESPONDENCE
Letter from Thos. Jones.
to the general Satisfaction of all ye Indian Traders, by reconciling their Differences, there- by preventing many litigious Suits. And by his good Conduct Kenedy Obryan and Sam" Brown, (otherwise lawless) were kept within some tolerable bounds, Untill Si Richd Everard went to Augusta, last Spring, where his great knowledge in the Laws, and his powerfull Inter- est in England being known, M' Obryan, enter- tained him at his house, and advanced him three hundred pounds Sterl for the like Value in his Bills of Excha. on his Banker in London (which are since returnd, protested)- This enabled the Baronet to take a Journey to the Cowetas the principall Town of the lower Creek Nation- Where being arriv'd, He procured One Wright (his Interpreter) to inform Chiggelae, the Em- peror or Chief of the Creeks. that he was a person of Distinction, and a Beloved Man of the King of England- Chiggelae thereupon with his Chief men appointed an Interview, where being come and Set down-Chiggelae askd him: Whether he had brought unto them a Talk from the Great King? The Baronet answering. He had not- Chiggelae Askd- What then had causd him to undertake So long a Journey to See them? The Baron', answered -He came there to lye with their Women- Chiggelae thien Standing up took ve Barronets Gold laced Hat off his head, putting it on his own, and gave him an Old hat in Exchange, Saying, when any of his Daughters wanted an husband he would send for him; This Accot we
A visit from the Baronet to the Cowetas.
Chiggelaes' answer to the Baronet.
124
COLONIAL RECORDS
Letter from Thos. Jones.
had from three Indian Traders then at ye Cow- etas-but have heard it more fully since, from Wright, & Chiggelae himself, who was much offended at ye Baronets behavior, and told him that he Suspected, he had escaped from the Strong House in England-
About one of ye Clock, The Court adjourned to 8. next morn but the Jury continued their Inquisition the remainder of that day, & ye next morning, by sending for people and examining them, on Oath- They sent for Francis Harris & Willm Russell, and obliged them, on Oath, to answer to the following Interrogatories.
What Sum of Money had been sent over by the Trustes in Copper, & received at ye Store? -- For what purpose the same had been sent? And to whom the Said Copper was paid.
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