USA > Georgia > Colonial Records of the State of Georgia, Volume 23 > Part 8
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Whether they did not know, or hear, That the Trustees had Sent over Five hundred pounds to be distributed to the Inhabitants ?- How the Said Sum had been apply'd.
Whether Col" Stephens & M' Jones had Sett- led their Acco" with the Trust.
On the 9"". July. The Court having sent for the Jury, ab'. Eleven in the forenoon, to attend; who being come, were ask'd If they had any Bills ready, or presentmts. to make; They an- swered, No,- M' Parker then told them, That the Court was of opinion, That they (the Jury) ought not to require or compell persons to at- tend them, & be examin'd upon Oath- But on
Francis Harris and William Russell examined by Grand Jury.
125
CORRESPONDENCE
Letter from Thos. Jones.
their Application. The Court would canse such persons to be Sumon'd & Sworn in Court to give Evidence to any Bill or presentment before the Jury. The Jury thereupon grew very warm & clamorous; alledging. That they knew their Duty, & were not to be directed therein by ye Court, That it was the Right & Custom of all Grand Juries to send for, & examine, on Oath, whom they pleased, & touching what matters they tho't fit; Mr. Williams, Foreman, said That when he was on a Grand Jury at Monmonth. The Witnesses were Sworn out of Court by a Single Justice
M' Henry Parker reply'd, That what they now mention'd had been once before insisted on by a Grand Jury in this Court. And that the Trustees had since given their Instructions re- lating to that Matter-Col" Stephens. (being in Court) stood up and Said, That the Trustees having writ to him about that Matter, he had acquainted the Court with their Opinion & pleasure therein; And that the Same had been publickly read by the Recorder in open Court; Mr. Williams & Brownfield. said, That If the Trustees had ever sent any Instructions, the Same had been concealed, and that they never had been read in Court as they were well as- sur'd, And thereupon, they, with Mackay, Duche', & Burnsides (uttering many reproach- full Expressions) insisted, That Col". Stephens should be ordered to come off the Bench, where he Sat, And that he should not be suffered to Sit so near to the Magistrates; The Court, find-
A question as to the rights of the Grand .Jury.
The Trus. tees' In. structions in regard to Grand Jury.
Mackay's Duchee's and Burnside's efforts to get Col. Stephens ordered off Bench.
126
COLONIAL RECORDS
Letter from Thos. Jones.
ing that their Clamor could not be appeased, directed That the Grand Jury be adjourn'd, And, then, the Court, to 3 in the afternoon (M. Fallowfield dissenting)
Letter to Mr. Causton requesting a copy of Jacobs Law Dic. tionary and Englishi Liberties.
Sir Rich- ard's opin- ion touch- ing Grand Juries
Sir' Rich. ard's ges. tures and behavior very singular.
Rob' Williams, Maceay, Duche, Brownfield, & Burnsides hastened then to Sr. Richard, at Jacob Matthews's; from whence a Messenger was dispatched to Mr. Causton, with a Letter from S' Richard and another from Mistres Maccay, requesting him to Send them ? Bearer, Jacobs Law Dietionary, & another Book, called, English Liberties, using this Argument. For our Affairs require an imediate Enquiry into some Law Points. Another Messenger followed the former, with a Letter from Mr. Brownfield to Mr. Causton, with the Same request, (which Letters M. Causton shewed unto me)- About 2 in the Afternoon Rob' Williams delivered anto Wr. Parker at Col" Stephens's house- St. Rich^^ Opinion in Writing touching Grand Jurys: Col" Stephens being then present, and also at the Opening of the Court, I need not relato what then passed-
The Jury being dismissed. S. Richard & Rob' Williams came & Sat on the Bench next to M. Fallowfield- S' Richard's Behavior and Gestures, (as also Mr. Fallowfield's) being very Singular-I addressd my self to the other Bay- liffs, (having first writ down what I intended to Say, & then read the Same), That One, who . calls himself S. Richard Everard Bar. having Sojourn'd among Us for some Weeks past, had
CORRESPONDENCE
127
Letter from Thos. Jones.
in that time comitted Several Disorders, by Quarrels, Breaches of the Peace, and the like; of which Complaints had been frequently made. Yet hitherto no judicial proceedings had been comenc'd against him, for those Disorders. He being a Stranger and promising to be of a more peaceable Behavior- But that of late He, the Said Sr. Richard, had by Several Illegal & wick- ed Contrivances caused great Disturbances in this Town & Colony; It was therefore become highly necessary, for the better preserving his Majesty's Peace, and further prevention of those Discords and Animositys, which had been of late Stirred up and promoted by him, and other Evil-minded People, among His Majesty's Subjects (Inhabitants of this Colony). To put the Laws in Execution against Such Offen - ders .---
I do therefore in his Majesty's Name, require You, Sr. Richard Everard, to find, and give in, Sufficient Sureties, to answer at this Court, what shall, on his Majesty's behalf, be objected to you-Particularly, For. That You did, on this present 9th. day of July, wickedly contrive and publish, a certain Writing as an Opinion in Law, Signed R Everard; And did deliver or cause the Same to be delivered to the Grand Jury, then empanell'd & Sworn to Serve for this Town & County; Which Writing contains many false Suggestions, repugnant to the known Laws, and tendeth to create Jealousies and Feuds, and also to alienate the Minds of the Said Grand Jury and of others the Inhabitants of this Colony,
Complaints made of Sir Richard.
Illegal and wicked con- trivances cause of great dis. turbance in Colony.
A certain writing as an opinion in Law pub- lished. signed R. Everard.
128
COLONIAL RECORDS
Letter from Thos. Jones.
Sir Rich- ard's of. fensive behavior and talk to the Creek Indians.
against his Majesty's Peaceable Government, And to Subvert the Laws and good Order which, by the Honorable The Trustees for establishing this Colony, had been appointed therein And, For that You, S' Richard Everard, did, in or about the Month of April last past, unwarrant- ably go to the Cowetas, a Town of the Indian- Creek-Nation within this Colony, and visit the Creek Indians there residing- And that there being. You did, by Your lascivious and imodest Behavior and Talk, give great Offence to the Said Indians, as well as to Several of his Ma- jestys English Subjects dwelling among, & trad- ing with the Said Indians; Which Behavior and Talk of Yours, did greatly tend to Alienate the Minds of the Said Indians from his Majesty & to destroy the Good Esteem wch the Said In- dians have had of his Majesty's Governmt, as well as the good and friendly Correspondence, which hitherto had been maintaind, between his Majestys Subjects and, the said Indians. For, That You, S. R' Everard, did maliciously pub- lish in the hearing of Several People (Inhabi- tants of this Town) Scandalous, False & De- famatory Tales and Reports, of and concerning the Revª Mr. George Whitfield, (a Freeholder in this Colony) our late Minister; Saying, That he (the said M'. Whitfield, was a Sodomite, And that you could prove that he had comitted Sodomy with One M' Seward- And that he (the s" M'. Whitfield) had fled from Justice for the Same.
Scandalous, false and defamatory tales and reports pub. lished by Sir Richard in regard to Mr. Whitefield.
Mr. Henry Parker said. He saw no reason
129
CORRESPONDENCE
Letter from Thes. Jones.
That Sir Richd Everard should enter into a Re- cognizance to appear to what I had chargd him with- For what I had chargd him with, If true, were not spoken or done by him, (as he be- lieved), with any Evil Design
M. Fallowfield Said, that all my charge was malicious, trifling & villanous,- Sir Richard then demanded a Copy of that Paper I had read: I answered, that, If the Court tho't proper to oblige him to appear & answer to the several matters I had now chargd him with, I was ready to prosecute those Charges Effectu- ally, And was willing to give sufficient Sureties for my so doing- And then, the Court would order him a Copy.
S' Richard then, in a threatening manner, Said, He should See me out of this Court, and talk with me in another place; I complained of this Insult, but was not regarded .-
These were but the Beginnings of the more violent Outrages, afterwards carried on, by M. Fallowfield, Pye & associates, against the Trus- tees Authority, and the public Peace, and now, wth more Vigor & Zeal, since M'. Thomas Steph- ens's Arrival at Savannah- The Occasional Memorandums I have taken of their Behavior & conduct (chiefly at Such times when Col" Stephens could not be present) I have not Leisure now to transcribe, but may ere long do, & transmit to You-In ye mean time, am, with
Mr. Park- er's opinion on the subject.
Mr. Fallow- field's opinion.
Sr. Rich- ard's threatening manner in regard to Mr. Thos. Jones.
130
COLONIAL RECORDS
John Pye to the Trustees.
humble Duty to the Honourable Trustees, & Respects to your Self
Sir / Your very humble Servt. Thos Jones.
P. S. Enclosed, are, Papers Part of the many Compositions of the Baronet & his Chaplain during their abode with us last Summer.
(From B. P. R. O., B. of T., Georgia, Vol. 22.) LETTER FROM JOHN PYE TO THE HONBLE TRUS- TEES FOR ESTABLISHING THE COLONY OF GEOR- GIA AT THE GEORGIA OFFICE IN OLD PALACE YARD, WESTMINSTER 27 OCTOB 1741 RECD 4 FEB 1741
RED WAX SEAL 1
Honoble .. Gentlemen ..
On the Sth: Instant Wm. Stephens Esquire Paid me the Sum of 27º .. 10s .. on Account which we: the Sum of £18º .. 10 : before Re- ceiv'd makes up the Sum of £46º : which is all I have Receiv'd to this Day. M. Stephens is very kind to me, and I hope I shall please him in the Execution of my Duty as Clerk; to the President and Assistants He promises that he will Represent my Case Right to your Honours, and will do by me as your Honours, Direct ;-
Hopes of pleasing Mr. Steph- ens in the capacity of clerk to the Presl. dent and assistants.
131
CORRESPONDENCE
Gen. Oglethorpe to Mr. Verelst.
As you was so kind in Answer to my Letter of December the 30th: 1740 to allow me the Sallery to my Clerk & Servant; (from Lady Day 1740 as well as to my Self, Notwithstanding I did in that Letter tell your Honours that I was not Sworn into the Office till the 15th of August & had the proceedss: of Court but from the 22ª. of May; I think myself in Duty Bound to make it my Study how to please your Honours.
As I cant maintain my familly well for a Less Sum in these Dear times, I hope your Honours will not Diminish the Sum of my Allowances, but Order more Business to be Laid on me- I hope your Honours will Excuse this freedom as well as all others who am a Well wisher to the Colony of Georgia &
Your Honours Most Dutifell & Obedient Humble Servt .-
Jnº. Pye Savannah Oct: 27. 174).
(From B. P. R. O., B. of T., Georgia, Vol. 22.)
COPY OF LETTER FROM GEN'L OGLETHORPE TO THE TRUSTEES ACCOTANT. 12 NovR 1741 RECD 4 FEBRY. 1741 [sic]
Fred2: 12th. November 1741.
Sir
Several Inhabitants of Frederica & Neigh- bourhood being forward enough in their Lands
132
COLONIAL RECORDS
Wm. Stephens to Mr. Verelst.
1 Mulberry trees bought of Mr. Graham for dis- tribution.
Tooanohivi and party of Uchee and Creek Indians returned from in. cursions against the Spaniards.
to want Mulberry Trees and Able to preserve them, they desired of me that they might have them pursuant to the Promise of the Trustees and M. Graham having raised on his Planta- tion upon the Savannah River a Large Nursery, I bought of him 6,000 Trees which were Deliver- ed & Distributed as + Enclosed, I have drawn for the Amount making £25 .. - .. - which I desire you would Pay and Apply to the Trustees for Reimbursement thereof, Tooanohivi return- ed Yesterday with a Party of Uchee & Creek Indians from Incursions against the Spaniards they Delivered to me a Lieutenant of Spanish Iforse and another Horseman whom they took Prisoners near Augustine. I am &c
James Oglethorpe.
(From B. P. R. O., B. of T., Georgia, Vol. 22.) 29 OCTOBER 1741 AND 12 NOVR. LETTER FROM WM. STEPHENS ESQR TO THE TRUSTEES AC- COTANT, MR. VERELST. RECD 4 FEB 1741
Savannah 29 Oct: 1741.
St.
In my last of the 21 Sept to M' Martyn, I beggd leave to refer to my Journal of the 4th of that Month; wherein 'twould appear what let- ters of yours, & of what dates, were come to my hands; together with sundry Deeds, Sola Bills, Books of divers sorts, Papers Ditto, & various
CORRESPONDENCE
133
Wm. Stephens to Mr. Verelst.
Packetts & letters, for the General and others in the South: all which came to Charles Town ? the Mercy Capt Wright. In the same letter of mine to M'. Martyn, I farther desired to refer to my Journal of the 11th Ditto; wherein I took notice, y' M' Hopton had advised me of Capt Wedderburns arrival in the charming Betty; by whom came various letters, Packetts &c, as men- tiond in my said Journal, but yt the Chest and Box, as { Bill of Loading, remaind yet at Charles Town, to be sent by the next oppor- tunity ; for reason then given. And upon farther reference had to my Journal of the 2ª of Oct, it appears when, & by what means. I recd that Chest & Box; in the latter of which came more letters, Packetts, &c; among others were several to the General, & also for his Officers; together with a Constitution of a President and four Assistants, for the Jurisdiction of this County of Savannah; with divers necessary Instruc- tions; & many particular Orders to me, con- taind in Mr. Verelsts letter of the 6 June. On the 22 Oct', as { Journal of that day, I recª your letter of the 11th of July { Capt Cross- thwaite in the Lawrence. So that I have it in- cumbent on me, to answer your several letters of the 27 & 28 Apr, the 6 & 8 of June, & the 11th of July : but you'll be so good to excuse me, if I find it necessary to postpone some paragraphs which will best admit of it, till another day; when I may hope to be in a better capacity than at present I am, with such variety of matters to get dispatchd forthwith; & under such want of
Advised of the arrival of Capt. Wedder- burns in the "Charming Betty."
A Consti- tution of a President and four assistants for Sa. vannah.
134
COLONIAĻ RECORDS
Wm. Stephens to Mr. Verelst.
a Writer yet to help me: nor was it practicable to think of seeing those Orders fulfilld, as 'twere to be wishd, and returnd to the honble_ Trust, before the opening of the new Parlia- ment; which may be supposed in Novbr, & wch came not to my hands till Sept & Oct".
In my letter above mentiond to M'. Martyn of 21 Sept', wch was in answer to his of the 24 Apr, then newly receivd, I took such particular notice of the ill consequence, wch necessarily must attend the want of all those papers, sent under the care of Mr. Colleton (whose sad Fate is unhappily confirmd since) that tis in vain to say more about it: but the loss is too great a measure is irretrievable; only tis some comfort to hear the Coppy of that State of the Colony went safe: and if the want of my Journal from 6 Oct' to the 27 Nov, is worth taking notice of; That is now made good, by another Coppy of that Space of time herewith sent; pursuant to your advice of the 27 Apr; wherein you acknow- ledge rect of mine of 31 Dec, & 15 Jan", with my Journal from 28 Novbr: and in obedience to the honble Trusts farther Orders, signifyd in your said letter; I can truly say that no neglect of mine, shall be the occasion, or yet has been, of all those matters not being perfected; wch were timely notifyd by you from them ; but late (very late) in coming; as I minuted down in my Journal: where twill also be seen what early care I took, to get a true and accurate Map of this Northern Division, done by a sufficient hand, in such manner as I hope will give full
The sad fate of Mr. Colleton.
An accurate map of the Northern Division of the Colony.
135
-
CORRESPONDENCE
Wm. Stephens to Mr. Verelst.
satisfaction to the nicest Examiner : and it is in my expectation to see it dispatchd hence in very few weeks more; together with what else I am daily preparing; which I hope will answer the Trusts Direction sent me thereon : but with all the diligence I am capable of; I find it not within my power to compleat what I would, without trespassing too long on time; & thereby sub- jecting myself to Blame, for neglect of writing somewhat at least; tho' I cant do it to my own satisfaction, much less to their Honours, till all is fulfilld that is intended: and if tis meant to be laid before the Parliament; I perswade my self, the honourable Trustees will not want the ready Indulgence of the House, to grant them a reasonable allowance of time, for expectance of such Returns to be made by their Servants from hence, as is necessary; considering how many months their Orders were in coming to us.
My Sons perverse Behaviour here, from the time of his last arrival in America, to the day of his departure hence, I have so particularly observd in my Journal; and also fully laid open the base Return made by our Malcontents, to those Tender marks of the Trustees Good Will; so evident in those great concessions now made 'em, & all past Forfeitures to Christmas last to be discharged (all which I publishd, in the best manner I could) that twould be unpardonable Tautology in me to repeat here: & I must beg leave to refer to my Journal, which is too full of such distastfull Trumpery. I observe the Trus- tees kind Intention of enabling me to shew my
Perverse behavior of Col. Stephens' son since his arrival in America spoken of.
136
COLONIAL RECORDS
Wm. Stephens to Mr. Verelst.
Col. Steph- ens' young-
est son.
resentment at my Sons mad Actions, when I shall see a proper time, to let the benefit of my Improvements at Bewlie pass to a Brother more worthy : but as it is a special entail, I should be glad to know what means must be used, to make it effectual. My Youngest Son has shewn his desire of coming to accompany me in my last part of life; & I wrote him several months since, y' he should be kindly welcome: so that I am expecting soon to hear farther from him: if he comes, he will fall readily into such Business as he takes delight in, & has been occupied some years about; namely improving of Land (for he is no Clerk) and there will be room enough at Bewlie, for him to exercise his proper Talent.
In regard to servants.
Another mark of their most oblidging Favour, must also be duly acknowledged, relating to the Use of 5 Servants of theirs, not provided for by the Estimate, to help me, now on the time of my own Servants being expired; to be main- taind by me: but Mr. Jones assuring me there are none such to be found; I can only render thanks for their Good Will; wch is also due from such others as the like Benefit was meant to in a certain proportion. We are not without hopes that there may some be found among those Germans, which M' Martyn wrote me were in company with the Saltzburghers for Ebenezer, who may come as Servants to be purchased : but if that fails, we have one Anchor of Hope yet left: that the honourable Trust will consider of some means to supply this want, so indis- pensably necessary to be provided against ;
137
CORRESPONDENCE
Wm. Stephens to Mr. Verelst.
whether it be in any wise conformable to the Scheme we humbly offerd; or any other that they think most proper.
Having so frequently and fully wrote what occurrd to me, as most worth observing, in my several Journals, relating to Silk and Wine; I have the less to say now on those Heads. The Chest of Silk, containing the Produce of the 2 last years, was sent to M' Hoptons care: but upon our hearing y no Ship has sailed for Eng- land of late (whilst divers are lately come from thence) it may be doubted tis yet in Mr. Hoptons hands. Mr. Camuse's continual clamour is be- come very vexatious; & appears every day more; as you'll partly see by what I have noted in my Journals; where I doubt twill appear yet Worse in time coming; and must certainly (as I humbly conceive) merit the consideration of the honourable Trustees, how to provide against leaving it in the power of such a capricious Woman, whether or not She'll carry on that manufacture, or put an end to it whenever She pleases. There seems to me too much Ground to fear, yt She has been instructed by our Mali- tious Adversarys, to wrangel & Quarrel (I wish not corrupted) : for I do aver y I have studied all the ways I could think of, to please her; and behaved with that courtesy in vain, as might have softend any temper yt was not un- alterably fixed : and as to her Accts & Demands; the Trustees will best judge of that, when they have it before 'em; which I shall take particular care to send, with some needfull remarks; that
Silk and wine.
Mrs. Ca. muse's con- tinual clam- our very vexatious.
Instructed by Malitious Adversarys to wrangel and quarrel.
138
COLONIAL RECORDS
Wm. Stephens to Mr. Verelst.
it may appear whether She or the Trust think themselves most injured.
Expecta. tions of making a quantity of wine.
As for the Vines encreasing; it will be plainly laid down how, when, by whom, what numbers, &c; and the reasonable expectation we have, of making such a quantity soon, of Wine worth sending to their Honours, as will convince every body, yt all we have said, is not an empty Chimera.
What I have done in Mr. Hammertons affair, (which I now expect to see speedily finishd) has been by such Steps as I ask leave to refer to my Journal, & avoid the repetition of.
Mr. Bolzius is paid the £77 according to order.
A change in Mr. Pye's behavior.
Mr. Pye, who for a great while behaved so very unaccountably, & disagreeable ; has of late thought better of it; taken the good advice I gave him; owned to me his being set on, & ill advised by some, and promises to take care and avoid such ill Courses for the future; where- upon I have treated him friendly, & hope he'll deserve the Trusts Favour hereafter; which I confess I thought at one time, he had no reason to expect. Wherefore I would be glad now to know from you, as his appointment for Re- corder is dated in July 1740; from what time it is meant he should commence to receive Pay, as well for his Clerk as himself (for as he does the whole Business, tis understood he should take it for both) and I should be glad also to know the Trustees pleasure, relating to the pay of an-
Mr. Ham. merton's affairs.
139
CORRESPONDENCE
Wm. Stephens to Mr. Verelst.
other Servant, whether he has such an one or not: all which shall be readily paid as I am orderd: at present what he has 'recd he has given rect for as on Account.
Peter Emery has not been prevailed on yet to bring payment of that £10, which the Trust favourd his Wife with the loan of; but I am not slack in putting him in mind of it, & expect it.
The Books formerly sent, relating to Silk Worms, I receivd; & deliverd 4 or 5 of 'em to such as I thought were most capable of receiving Instructions thereby; keeping one for my self. What you are pleased to write of Salitrum Seed, I know nothing of; having never (as I remem- ber) seen any such; nor do I remember any thing to have been wrote to me concerning it.
Wm Sinclair was a Lad that came over hither indented to M'. Bradley; & I thought him a ready Serv'; but I fear his Master was not just to him; for I have heard that he was under covenant to make him Master of some Trade: but Bradley, (who some time since was reported to be dead, falsly, (his eldest son only dying) & he now living in Carolina) running away hence last year; the Boy went with him, and helpd to row the Boat they went in : which was an Act of his own, unknown to others, in the Night.
Thus far I hope I have answer'd your letter of the 27 Apr pretty near paragraph by para- graph; only postponing That about the method that is required to be observd in accompting; wh I purpose to take notice of at the latter end
A book on silk worms.
Salitrum seed.
Wm. Sin- clair ran away with Mr. Bradley, who was his master.
140
COLONIAL RECORDS
Wm. Stephens to Mr. Verelst.
Augusta.
of my letter now: & what relates to Augusta, will come in its due place.
The same method shall be observd in future: but I am at a loss how to number such para- graphs in order : & twill easily appear if I leave any unanswerd; weh twill be incumbent on me to give a reason for; but in divers cases where I have thought it requisite to write particularly of some affairs in my Journal; if it answers the purpose of what you would be informed in; I shall hope to be indulged so far as to let that suffice.
Account of Grant and Co.
The Acct of Grant and Co, as made up by ym- selves, is before the Commissioners, & will speedily be examind and returnd with their Opinion, assoon as matters of much greater Moment will give leave; when I conceive twill appear, they had little room to make such a de- mand as £38 : 6 : 1.
As to yours of the 28 Apr. I must beg leave to make use of that liberty requested just above, of referring to my Journal of 4 Sept; wherein I have been so very explicit, y' I hope it may be allowd as a full answer to your said letter.
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