USA > Georgia > Georgia as a proprietary province; the execution of a trust > Part 10
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2C. R. V: 415-416.
*C. R. II: 11.
4
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as "first," "second," and "third"; but no powers were granted to the "first bailiff" that could not be exercised by either of the others. No salaries of any sort were estab- lished for any of the offices and so no one of them was more dignified in that particular than any other. There was no tendency to hold a man to one office only, but any one might hold several positions under the Trust at the same time.
The officials thus named on November 8, 1732, composed the entire government of the province. The powers ex- pressly granted to them were almost entirely judicial, but they were also expected to put into execution the various laws and regulations that might be established by the Trus- tees. It is a curious fact that no explicit instructions should have been given to these magistrates. The botanist of Georgia received formal instructions, but they seem to have been thought unnecessary for the magistrates of Savannah, to the limits of which town the authority of all the officers named was restricted.+ The officials consisted largely of destitute persons for whose relief the colony was projected, and their experience in public affairs was limited, so that they surely needed advice and directions. No definite state- ment of the fact is anywhere made, but it is reasonable to suppose that they were to get from Oglethorpe whatever information might be needful while they were learning the duties of their respective offices.
We have already noted that the powers directly granted to Oglethorpe were very meager indeed with which to oper- ate a colony three thousand miles from the source of author- ity and power ; and their insufficiency was probably the cause for the assumption of authority by Oglethorpe and others to the general dissatisfaction in many cases of both the colonists and the Trustees. There was a tendency to give .B. T., Ga., XII: 14-21.
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The Executive in Georgia
specific and individual directions rather than general author- ity. This may be illustrated in the matter of administering oaths. Oglethorpe was authorized to give the oaths to the officials who were first appointed by the Common Council. When new constables were chosen for the increasing num- ber of people in 1733, the first bailiff was directed to admin- ister oaths to them; but in October of the following year the recorder is authorized to perform this service for certain new officials.5
When Oglethorpe was preparing to return to England in 1734, powers were granted to James St. Julian of South Carolina and to Francis Scott of Georgia to set out and distribute lands and to grant licenses for leaving Georgia. These were the principal functions that had been assigned to Oglethorpe; but a little later a general commission was issued to the same gentlemen to execute all powers and appointments made to Oglethorpe which might remain un- executed by him.6 If Oglethorpe were governor de facto or if he were expected to be the principal executive in Geor- gia, these men, one a South Carolinian, had full right to succeed him in his work; but Oglethorpe's influence and power in the province rested on his known interest in the undertaking, rather than on any commission or authority, and of course it was impossible for others to take his place.
As the colony grew, several out-stations or villages were established. In order that they might be under some form of government, the Trustees arranged to extend the precincts of Savannah so as to include the new settlements, thus stretching the municipal plan of government on which they had started into something resembling provincial control. The bailiff's of Savannah were to exercise authority in the
" B. T., Ga., XII: 90, 156.
·C. R. II: 43-45.
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new settlements, but additional constables and tithingmen were chosen.7
During the first year there developed an executive office insignificant in title but destined to play an important part in the history of the colony. It seems not to have been formally authorized by the Trustees and no regular com- mission was sent to the holder of it, though private instruc- tions were occasionally sent by letter.8 It was called for by the exigencies of the situation, and it seems to have been filled by Oglethorpe's appointment. This office was that of storekeeper for the Trust. At first thought, it would seem a trifling matter to deal out supplies to the inhabitants of the colony, but there were several circumstances that gave quite a different aspect to the matter. Practically all the settlers of the colony were at first dependent on the Trust for support, and this was given in the shape of supplies from the general store. The few independent inhabitants had to buy their goods from the Trust store. Thus it came to pass that the storekeeper came into direct and frequent contact with every inhabitant of the province. Moreover, the storekeeper had either by grant or assumption large discretionary powers as to both the quantity and quality of goods to be furnished the charity settlers and as to the prices to be charged those who were self-supporting. In this way he was able to exercise a large control over the com- fort and prosperity of the people of Georgia. Again, under the direction of Oglethorpe the storekeeper was allowed to issue drafts or bills on the Trustees for the supplies pur- chased for the store and also for the general expenses of the province." Here also there was much room for discre-
'C. R. II: 43.
· B. T., Ga., VIII: Martyn to Causton, Dec. 13, 1734, et seq.
·C. R. II: 64.
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The Executive in Georgia
tionary powers with a corresponding danger of abuse. A correct understanding of the scope and influence of the office of storekeeper will explain many of the later troubles of the province.
In the spring of 1734 a settlement of Protestants from the Duchy of Salzburgh in Germany was established at Eben- ezer in Georgia. It was soon a town of about one hundred and fifty people; but it is interesting to note that no pro- vision whatever was made by the Trustees for any civil offi- cials in the community. It was not connected with nor made subject to the town of Savannah. Under the spiritual guidance of its pastor, it was to run itself without executive, judicial or legislative control except what might come di- rectly from the Trustees themselves. While Ebenezer was the largest settlement thus left without provision as to gov- ernment, it was by no means the only one so situated. 'At Abercorn, Joseph's Town, Skidoway Island, Thunderbolt, and numerous other points, there were groups of families or little villages for whose government or control the Trus- tees had not established any officials or authority in Geor- gia.10 It may be presumed that the government of Savannah would assume jurisdiction over these outlying settlements. This had been specifically provided in the case of the little village of Thorpe,11 and it could be only by inference that it would be true of the other communities; and it would re- quire some stretch of the imagination for the "town" of Savannah to include all the territory within a range of twenty or thirty miles. The truth seems to be, as already intimated, that the Trustees were not yet concerned about a government within the province.
When in 1735 preparations were made to settle the south-
10 Jones-Hist. of Ga. I: 147-149.
" C. R. II: 43.
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Georgia as a Proprietary Province
ern part of the province, the Trustees adopted the same program which had been used in the settlement of Savannah, appointing bailiffs, a recorder, constables and tithingmen just as in the first instance.12 The northern and southern parts of Georgia had no organic governmental connection. There were no common officials or courts to bind them together. They were in effect two separate municipalities, interested in each other as neighbors, their closest tie of union being a government three thousand miles away. With reference to the new town of Frederica, Oglethorpe was given meager powers, similar to those which he had been commissioned to exercise at Savannah.13 Just as the Salz- burghers had made a large settlement in the northern part of the province without civil officers or government, so on the southern boundary the Scotch established a colony with- out bailiff, recorder, constable, or other official, so far as we have any record. Presumably their settlements of Darien were to be under the general jurisdiction of Frederica, but there seems to have been no law or order to that effect.
On July 16, 1735, the first financial remuneration to the officials at Savannah was given. All of them had been granted certain privileges as to getting supplies at the store and having servants, and these things were of value; but no money was paid until after nearly three years of service. Even then it was granted as a sort of gratuity rather than a fixed or permanent salary for any official. The sums of money granted to the officials were quite modest. The store- keeper was recognized to be the most important official in the colony, for his salary was four times that given to the holder of any other office. He received forty pounds ster- ling, while the second and third bailiff's, the recorder and
"C. R. II: 125.
" B. T., Ga., XII: 218, 247.
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the two constables received ten pounds each.1+ The first bailiff had been removed and no one had been appointed in his place; 15 but the fact that no difference was made in the amounts paid the "second" bailiff and the-"third" one or between the bailiff's and the other officers with general executive duties indicates that the Trustees were continuing the policy of not elevating any one to a superior executive position in Savannah or in the province.
Before 1735 no formal laws had been passed for the province, but in that year laws were enacted for prohibiting the importation of rum, for excluding the use of negroes, and for regulating the trade with Indians.16 In order to carry them into effect more executive administration was necessary than had heretofore been established. Instead of concentrating the authority that was needful in one person or in a small council, the Trustees established a large num- ber of petty offices, distributing them among several differ- ent men. For instance, Oglethorpe was made sole Commis- sioner for Licensing Indian Traders; but the money from this source was to be handled by a Treasurer of Indian Affairs ; and, besides, there was to be a Secretary of Indian Affairs.17 The duties of none of these officers were specified in the commissions, but the titles themselves are sufficiently suggestive. The work connected with the Indian trade was very small and it occupied only a few weeks during the year, so it seems that the Trustees instituted a needless division of authority.
The policy of dividing executive functions was not con- fined to Indian affairs. It was followed in much the same
"C. R. II: 112.
15 B. T., Ga., XII: 225.
1 C. R. I: 31 et seq.
" B. T., Ga., XII: 236-237.
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way in enforcing the rum act. A special officer was ap- pointed to stave and empty all brandy, spirits and strong waters brought into the province contrary to the act. The bailiffs and recorder were appointed a commission to grant licenses for retailing wine, beer and ale which were to be allowed by the law. In addition a general naval officer was appointed by the Common Council upon whom also de- volved part of the duty of executing the act.18
For enforcing the act against the importation or use of negroes in Georgia, the constables of the province were espe- cially commissioned.19
It would seem well that the Trustees enacted only the three laws already mentioned; for if they had passed as many as the ordinary province found necessary, and if they had appointed as many different persons to put each law into execution as they chose for the first three, the province would not have been able to furnish enough men for the offices that would have been created. One gain in effective administration was noticeable in the appointments made, even though authority was so widely diffused; the officers chosen were to exercise their powers throughout the whole colony, and so there was started a shadow of unity in government between the northern and southern parts of Georgia. This tendency toward a single government over all the colony was continued in two appointments of minor consequence except as showing the general drift of the minds of the Trustees. A register was appointed to record all grants of land whether in southern or in northern portions of the province; 20 and there was also chosen an inspector of the public gardens and mulberry plantations.21
18 B. T., Ga., XII: 239, 241, 253.
"C. R. II: 121.
2 B. T., Ga., XII: 252.
" Ibid., 164.
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The Executive in Georgia
During the first four or five years of the colony's exist- ence there had been appointed, as we have seen, some ten or more officials or commissions to do executive work in Georgia. In addition there were the regular bailiff's, re- corders, constables and tithingmen, all of whom had duties that were to some degree executive. But there had been created no central authority to bind into one cohesive and effective whole these various appointments. We have seen that Oglethorpe may have been expected to exercise an authority around which the other offices would center, but it is more likely that the Trustees were simply allowing mat- ters to drift. They had never authorized Oglethorpe to act for them on any extensive scale, but if they had expected it, it would have been impossible. He was out of the prov- ince a great deal, and after 1735 his almost constant resi- dence at Frederica made it impossible for him to supervise work at Savannah, where most of the executive officials were located. In the absence of an executive head for the prov- ince, each official was expected to make reports of his work directly to the Trustees, and if he did not understand in- structions or if he met with unusual circumstances not cov- ered by any instructions, he was to write to the Trustees for guidance. As a matter of fact, very few letters or reports were ever sent by the various officers to the Trust ; they were in many cases men who were not accustomed to correspondence and they simply neglected to make reports. The Trustees were much concerned at their failure to hear from their employees. On several occasions they sent ear- nest requests to Oglethorpe that he stir up the officials to their duty, and like requests were sent to the storekeeper when Oglethorpe was away.22
2ª So many letters to this effect were sent that only a few typical examples can be cited. B. T., Ga., VIII: Martyn to Oglethorpe, March
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Georgia as a Proprietary Province
In order to remedy this very unsatisfactory state of af- fairs, on April 27, 1737, the Trustees determined to send a person from England to represent them directly in the colony, a man whose sole business it would be to receive regular reports from all officers and to transmit these to the 'Trustees, to deliver instructions from the home office to the various employees in Georgia, and to observe and report all phases of progress or decay within the province. The new officer was to be called the "Secretary of the Trustees in Georgia." His appointment marks an epoch in the execu- tive history of the colony; for to him were given the first detailed instructions ever issued by the Trustees, including both public and private directions, and he was to be the attorney of the Trust in Georgia in a much more general and yet more definite sense than Oglethorpe had ever been. According to the terms of the agreement between him and the Trustees, he was to be paid fifty pounds in England be- fore leaving and he was to receive on demand in Georgia fifty pounds per annum. In addition, he was to have free trans- portation to Georgia for himself and three others, he was to be supplied with ten servants and with abundance of tools, and his family and servants were to receive provisions from the store for a year. In return for these benefits, the secre- tary was to serve the Trust for six years and was to con- tinue to do so at the end of that time should he remain longer in the province.23
24, 1734: The Trustees are quite anxious to secure a correspondent who would send regular reports by each ship concerning all details of the colony's progress. Ibid., Martyn to Causton, January 25, 1735: The bailiffs, recorder, and surveyor are all at fault in not writing to the Trustees. Ibid., Verelst to Oglethorpe, November, 1736. The Trustees have heard nothing from the province since June, and affairs have become very critical on account of the lack of news.
2 B. T., Ga., XII : 312 et seq.
MAT
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The Executive in Georgia
Since to this secretary were issued the first real instruc- tions from the Trustees as to the executive management of the colonial government, and since out of this office of secre- tary later developed the principal executive of Georgia, it will be worth while to examine with some care the rather tedious papers with which he was provided by the Trustees. The commission provided as usual that the secretary was to hold office until a successor had been named in his place. He was to obey all instructions from the Common Council of the Trustees. All magistrates and peace officers in Geor- gia must respect him as the direct representative of the Trust in the colony ; they were to assist him in every way possible and were to obey the instructions produced by him for the execution of his office.24
The instructions to the secretary were classified and were very voluminous, a brief abstract only being given below. The secretary was expected to perform the following duties :
I. AS TO MILITARY AFFAIRS
1. To send an account to the Trustees of all able men from twenty to fifty-five years of age in every village or town of the province.
2. To send a complete account of all the forts in the col- ony, including details as to the 'garrisons, cannon, powder, muskets, swords, bayonets and other supplies, and to tell what might be needed to complete the equipment.
3. To make out a report of the storehouses in the forts and to specify what might be lacking in them, and also to report what supply of fresh water was available in each fort.
" B. T., Ga., XII: 322.
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Georgia as a Proprietary Province
II. AS TO CIVIL CONCERNS
1. To write of the behavior of the people toward their magistrates-their industry, sobriety and obedience to laws.
2. To report all negligence of the surveyor and to ascer- tain who could do that work.
3. To investigate the reasons given by people for not cultivating their land.
4. To report on the number of people in the towns or villages classified by nationality and by families.
5. To make a list of gentleman freeholders with the serv- ants employed by them.
6. To tell how cultivation and enclosing of lands were progressing, mentioning those who were industrious and also those who were not.
7. To give an account of the progress in silk and in the planting of mulberry trees.
8. To report on the public gardens, telling how the vines were growing and whether there was any prospect of mak- ing wine in the colony.
9. To write whether coffee was being cultivated or not, and also what other berries, roots, drugs or bark might be useful.
10. To estimate whether the timber cut for building and traffic would leave enough for future fuel.
11. To report whether the timber on Trust lands was being preserved or not.
III. AS TO RELIGIOUS CONCERNS 1
1. To tell how the people, and especially the magistrates, attend services.
2. To write how the lands set aside for religious uses were cultivated.
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The Executive in Georgia
3. To recommend to magistrates the punishing of vice and immorality and the encouragement of reverence; and also to encourage the ministers.
4. To encourage magistrates to place the children of the colony in school; to inspect the schools ; and also to exhort parents to send their children to school.
5. To recommend to the magistrates that they do the same for the Indian children.
IV. AS TO GENERAL MATTERS
1. To call regularly on the magistrates, recorder, sur- veyors, public gardeners and the register for their accounts and reports and to send these quarterly to the Trustees.
2. To make suggestions to the Trustees as to what would be for the good of the colony.
3. To report all news and happenings of interest.
4. To see that the naval officers report to the Trustees all ships that come into Georgia ports and what cargoes they brought.
5. To write to Trustees at every opportunity.
6. To send duplicates of all letters by the next ship.
7. To keep a record of all letters sent or received by him, recording to whom they were given or from whom they were received.
These public instructions were to be exhibited to the mag- istrates or to the people, if thought desirable, to support the authority of the secretary or to explain the many in- quiries which he was compelled to make. In addition, pri- vate instructions were given to him; and these were not to be made public. The main points in the private directions were:
1. To give confidential opinions as to the magistrates and
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other officials, especially as to their industry and their ability.
2. To tell how the stores were distributed.
3. To report fully whatever complaints the people made against their magistrates.25
The office of Secretary of the Trustees in Georgia, thus established, was to aid the executive power in England rather than to strengthen it in Georgia. Its chief function of giv- ing information concerning every phase of colonial activity or inactivity would assist the Trustees in formulating and executing their designs; but it was of small consequence in the colony itself, since the secretary was invested with no real powers of government. As a mere observer and adviser, the principal influence he was likely to have on the officers of the colony was to stir up a feeling of resentment toward him as an officious meddler or spy of the home government .. The governors sent out by the king or by proprietors were also expected to observe and report on much the same matters as were prescribed for the secretary; but that is the only resemblance between the leading executive officer of Georgia and that of the other British colonies.
After 1737 the Trustees still adhered to their policy of issuing special commissions to particular persons whenever any unusual executive work was to be done in preference to issuing general commissions that would cover any unfore- seen work that might arise. For instance, when the accounts of the storekeeper seemed to be getting confused and he was suspected of fraud, Oglethorpe was directed to suspend him ; 26 and a committee of three was named to investigate matters, and these had to report not to Oglethorpe or any one else in the colony but directly to the Trustees, and if
" B. T., Ga., XII: 323.
*C. R. V: 37.
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doubtful questions arose proceedings would have to be de- layed for months until queries could be sent to England and answers returned.27
It was not until 1741, after nine years of experiment, that the Trustees finally took steps looking to the establishment of a government in Georgia that would be anything more than a shadow of authority. The changes made were so important that it is necessary to review briefly the steps by which they were brought about. At a meeting of the cor- poration, on December 27, 1740, James Vernon commented at length on the state of the colony as to government. He showed that the magistrates thought it a duty, when instruc- tions were sent them by the Trustees, to consult General Oglethorpe before executing the commands, and that fre- quently instructions were not executed at all. He deplored the difficulties encountered in getting at a knowledge of the true state of affairs in the colony, in consequence of which the Trustees were unable to refute the malicious stories and lies which were being circulated in England. As a remedy, he suggested that it might be necessary to invest some per- son in the province with power superior to that which any one had yet exercised in the colony, and he further sug- gested that such a person ought to be made distinctly inde- pendent of Oglethorpe. He thought that it might be wise to establish in each division of the province a president and a council. He argued that creating two presidents would be wiser than having only one, because the latter would be practically a governor and would have to conform to the regulations of the charter relative to the governors of the province. He stated that the Trustees might as well sur- render the charter as to allow their appointees to take in- structions from the Board of Trade as was the case with " B. T., Ga., XII : 388.
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