Georgia as a proprietary province; the execution of a trust, Part 6

Author: McCain, James Ross, 1881-
Publication date: 1917
Publisher: Boston, R.G. Badger
Number of Pages: 722


USA > Georgia > Georgia as a proprietary province; the execution of a trust > Part 6


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The next month the Trustees arranged that the sola bills which were used for money in the colony should be endorsed by three of the officials in Savannah. Up to this time, Ogle- thorpe alone had had this power. Now he was totally ex- cluded from handling the money, though he could still make accounts subject to approval by the Trustees. The Earl of Egmont in commenting on this exclusion of the Colonel men- tioned that it "was thought a prudent and necessary step." 62 They also requested him through their accomptant


" C. R. II: 310-311.


" C. R. V: 247, 259, 266.


" Ibid., 287.


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The Relation of Oglethorpe to Georgia


that he would be careful to distinguish in his expense ac- counts between items that pertained to defence, which would be paid from the British treasury, and those that be- longed to the strictly civil affairs for which the Trust was responsible.63


One or two other incidents may be cited showing a slight irritation between Oglethorpe and the home board. In May, 1740, the latter learned that the General had employed a jailer and provost-marshal at Savannah and that he had disposed of certain Trust servants. Both of these things had been done without leave of the Trustees and without informing them of the matter; and they were displeased at the occurrences. 64


Again in the same year, the Trustees felt that Oglethorpe was acting without his authority and without reason in with- holding from the people a deed poll that had been sent over in 1739. This related to certain indulgences granted by the Trustees to the settlers in regard to the land tenures. Notice of the grants had been sent to Secretary Stephens at Savannah, and the people were expecting the deed; but Oglethorpe did not like the regulations, preferring to stand by the original rules, and so it was claimed by the Trustees that he wilfully kept back the deed, to the discouragement both of the people and of the Trustees. 65


On December 17, 1740, through their accomptant they wrote to the magistrates at Savannah that they did not desire General Oglethorpe to interpose in their civil con- cerns while he was employed in his military ones, which were distinct services. They expected their orders to be obeyed by those to whom they might be sent without giving the


" B. T., Ga., IX: Verelst to Oglethorpe, June 11, 1740.


"C. R. V: 346.


" Ibid., 211.


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Georgia as a Proprietary Province


General the trouble of being consulted and without waiting for his directions therein, which the Trustees did not expect from him nor reasonably could.66 This was not liked by General Oglethorpe, but it was judged most necessary by the Board of Trustees for the General was too far away and his mind was too much occupied with military concerns to attend to matters in the northern part of the province. 67


The situation had not been formally discussed in the meetings of the Trustees, so far as the records show, until December 19, 1740, two days after the letter just mentioned had been sent. On that day Mr. Vernon, a personal friend of General Oglethorpe and one of the staunchest supporters of the province, took advantage of a full board to express his sentiments on the conditions in Georgia. He frankly said that some one ought to be given more power and authority than any one in the colony had under the existing constitution. The change was imperative in order to get the orders of the Trust obeyed. He pointed out that Ogle- thorpe was neglecting certain things that he had been asked to look after. He was assuming too much authority, ex- pecting that no compliance should be given the Trustees' orders until confirmed by him. The Trustees had already removed him from the financial affairs of Georgia, and it was now time to remove him from the other civil concerns.68


At the next meeting of the Trustees, Mr. Vernon again brought up the matter, saying that much disgrace and mis- chief had befallen both the Trustees and the colony by reason of Oglethorpe's intervention in the execution of the com- mands sent to Georgia. He instanced the case of the light house which they had asked him to look after in vain, and


66 B. T., Ga., X: Verelst to Oglethorpe.


"C. R. V: 290-291.


65 Ibid., 413.


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The Relation of Oglethorpe to Georgia


which would probably cost £1,500 to repair when it ought not to have cost over £200. He declared that matters of the utmost importance were delayed in order that he might be consulted because there was a misconceived notion that he had the final control of matters ordered by the Trust. On this ground, information in regard to the colony had been delayed; and yet it was of vital importance in order that the province might be set in the best light before Par- liament. He proposed to invest some one in Georgia with powers superior to any possessed there at that time, and to make him entirely independent of General Oglethorpe. He did not wish a governor, proposing instead that the province be divided into two counties with a president over each. He suggested that Oglethorpe might be complimented by making him president in the southern division. All pres- ent seemed to approve his ideas, and he was asked to em- body them in a definite plan.69


Turning now to Georgia, we may understand why General Oglethorpe was neglecting somewhat to look after the light house and other affairs that had been committed to him on the civil side. As soon as he returned from the visit to the Creek nation at Coweta, he heard that war had been declared between England and Spain ; and he at once began to make active preparations for it. From that time till he left Georgia in 1743, he was occupied nearly all the time with military cares. In partial justification at least of the expenditures complained of by the Committee of Accounts, it may be noted that the English government was very grudging at times of the financial aid it lent General Ogle- thorpe for defending the province and for prosecuting the war; and so he felt constrained to get it elsewhere trusting that it would be later repaid. He advanced large sums for OP C. R. V: 415-416.


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Georgia as a Proprietary Province


the purpose himself, and he used some of the Trust money in the same way, violating his instructions no doubt and yet feeling that it was necessary.70


No detailed account can be given of his expedition into Florida. It may well be doubted whether his service in this particular was of value to the province. He did not succeed in securing and holding the cordial assistance of South Caro- lina or of the British fleet; and so the expedition failed, in spite of his own earnestness and activity. It might be argued with some plausibility that his taking the offensive in this campaign prevented the Spanish from invading Georgia ; but it seems more likely that this provocation and the fact that the English were not very successful led to the Spanish inva- sion in 1742.


The repelling of the Spanish in the latter attempt was the high water mark of his career, and it was of genuine service to Georgia. He drove off a superior force of the enemy by a stratagem that was well conceived and well executed. The strictly military features of the campaign reflect little credit on him, for they were insignificant; but the general results were very important, as much so as if a decisive battle had been won by the English, since the Spanish re- tired to trouble Georgia no more during the remainder of the proprietary period. In this campaign, as in the former one in Florida, General Oglethorpe was acting as an officer in the British regular army; and, while his services affected Georgia, he was not acting in any capacity as a Georgian or as an official of the province.


For his bravery and good service in repulsing the enemy, the King of his own accord promoted Oglethorpe to be a Brigadier General.71 He was much troubled, however, about


TO A. W. I. XXV: 175, 186.


"C. R. V: 679.


$


87


The Relation of Oglethorpe to Georgia


the state of his accounts with the treasury department; and so he sought leave to come to England for the purpose of settling the financial difficulties and of answering several charges that had been preferred against him. On July 23, 1743, he left the province never to return. He was easily cleared of the charges against him; and he held the com- mand of his regiment in Georgia in name at least until it was disbanded in 1748.


Resuming our study of his relations to the Trustees after 1740, we find that in spite of his exclusion from civil affairs he could not refrain entirely from interfering to some extent ; and this was still resented by the Trustees. Toward the close of 1741, the General wrote to President Stephens at Savannah signifying his pleasure that a certain lot in Sa- vannah be granted to one Papott; but the President and Assistants overruled the request, assigning to him their rea- sons therefor.72 About four months later, he wrote them that notwithstanding the reasons given by them his request might and ought to be granted; but they again denied his authority to direct their action by refusing to accede to his proposal.73 At almost the same time that the above re- quest was made by Oglethorpe, he wrote another letter to President Stephens signifying his pleasure that certain money sent to the colony by the Trustees should be turned over to an agent he was sending to receive and apply it. The Trustees had already given directions as to the application of the funds; and the President and assistants in this mat- ter also denied the request of the General, directing that the President "do pursue his first orders received from the Trust without variation therefrom." 74


"C. R. VI: 16. " Ibid., 29. " Ibid., 16,


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Georgia as a Proprietary Province


On June 18, 1742, the Earl of Egmont received a letter from him, possibly written in consequence of the above inci- dents. In this letter he said that Colonel Stephens and every one in the magistracy in Georgia ought not to act without his directions since they plunged everything into a strange confusion.75


It is probable that he tried to exercise again some au- thority in the southern part of the province at least; for on May 10, 1743, the Trustees wrote to Bailiff Hawkins, of Frederica, on the subject. They expressed astonishment that any one should think that General Oglethorpe, because a Trustee, was vested with power superior to that of a magis- trate. They asserted that no single Trustee had any power at all, and they further said that no single person had any power except what had been given by the collective body of Trustees. No single individual had power at all. The op- posite doctrine would cause endless confusion. General Oglethorpe himself would set him straight in that matter.76 The Earl of Egmont explained that this letter was sent be- cause Oglethorpe was interposing without authority and was looked upon by some as having a power superior to that of a magistrate.77


After General Oglethorpe reached England, though fresh from a victorious campaign that had saved Georgia from in- vasion, he was not received and thanked as on the former visits he had made to England. There was certainly less cordiality between him and the general body of the Trustees, to whatever cause the lack of harmony may be attributed. He attended the meetings of the board and of the Common Council with much less regularity, going to thirty-four of


1 C. R. V: 637.


" B. T., Ga., X: Martyn to Hawkins, May 10, 1743.


"C. R. V: 689.


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7


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The Relation of Oglethorpe to Georgia


the one hundred and three meetings of the former, and to nine of the twenty-six Council meetings, held after his re- turn to England. His attendance before he left for Georgia the first time was, as we have seen, about ninety per cent. of the possible meetings ; and it was sixty-three per cent. on his last trip; while now his attendance had fallen to thirty-four per cent. In the beginning, he had been on al- most every important committee, while after his final re- turn to England he was not appointed on any committee of the Common Council and on only two of the general Board of Trustees. 78


His lack of harmony with his associates is shown even more strikingly perhaps in the dissent which he several times entered to matters passed in the meeting. It was one of the two general by-laws adopted by the Trustees that any mem- ber who dissented from a resolution should have the privilege in the same meeting of entering the simple words, "I, A. B., do dissent from the foregoing resolution." 79 With the ex- ception of a single instance, Oglethorpe was the only Trus- tee who availed himself of the privilege of thus putting his opposition on record; and it may be worth while to note the matters on which he thus differed from his colleagues. On January 19, 1745, steps were taken to abolish the town court of Frederica, the action being partly due to the fact that two of the three bailiff's had come to England on mili- tary business. At the same time, a motion was made to prohibit any one in military employment from being em- ployed as a magistrate in Georgia. The matters were post- poned for final settlement; but the General desired leave to dissent from all the resolutions.80


78 C. R. I: 501, 510.


" Ibid., 31.


80 Ibid., 463.


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Georgia as a Proprietary Province


On January 30 following, the subjects were again dis- cussed; and it was decided that if any of the magistrates of Georgia should accept military employment they would become incapable of holding or exercising their civil offices. It was further decided that dormant commissions be sent over for men to take the places of any magistrates who should thus change to the military service. As might have been expected from his former action, Oglethorpe dissented from the resolutions.81


Again on May 24 he dissented from the proceedings of the day. On this occasion, the principal point under dis- cussion was the distribution of Indian presents by a joint commission from South Carolina and Georgia.82 In express- ing opposition to this plan, he may have been moved by his early hostility to making any concessions to South Carolina in regard to the Indian trade, for we have noted 'that he was persistent on that subject. On the same day, he pre- sided at a meeting of the Common Council and dissented like- wise from the proceedings of the day. It is very difficult to see any reason for his behavior on that occasion. Only routine matters were passed upon, and nothing involving any disputed principle was seemingly discussed or put through.83 This was the next to the last meeting of the Common Council that he attended, and it was only a short while until he stopped attending the meetings of the general board. So far as the records show, his last meeting with the Trustees was at the anniversary sermon on March 16, 1749.84


During the remaining years of the Trust, Oglethorpe was in England and was taking an active part in Parliamentary


" C. R. I: 464-165.


82 Ibid., 516.


8 C. R. II: 489. "C. R. I: 529.


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The Relation of Oglethorpe to Georgia


affairs,85 and of course it is interesting to ascertain why he did not keep up his connection with the affairs in Georgia. His regiment was disbanded in 1748, and that severed one connection that he had had with the province. We have noted also that he was not in accord with several of the measures being adopted at that time by the Trustees. There was one other circumstance that may help to explain his absence from the councils of the Trust. He was having a disagreement with the Trustees in regard to financial mat- ters. Late in 1744 he was asked to render an account of the various orders for money or other articles given by him to Thomas Causton,86 and there is no record of any settle- ment as to that.


On July 6, 1751, the accomptant was instructed to call on General Oglethorpe for the balance due from him to the Trust of about one thousand four hundred and twelve pounds, because the money was urgently needed for carrying on the colony.87 The General replied that the balance of ac- counts was in his favor, and that even if that were not true the claim of the Trustees on him was not payable until the account was allowed at the government treasury on the auditor's statement of it. To this the Trustees replied that he was mistaken as to their claims not being payable; he had been allowed enough from the treasury department to repay the money of the Trustees which he had used for the military service, and the Trust is in great need of money to carry on the colony.88


Oglethorpe responded to this request with a letter dated August 17, 1751, in which he reiterates his claim that the


Wright 363-370.


8 C. R. II: 441.


87 C. R. I: 563.


88 Ibid., 565-566.


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Georgia as a Proprietary Province


balance of accounts as already submitted is in his favor. Besides, he says that there is an additional account of ex- penditures made by him for the Trustees which he has not yet presented, owing to the fact that he had an account to pass with the Government at the time it would ordinarily have been submitted to the Trust. He abstains from pre- senting it until the Government matter is settled when his claims and those of the Trust may be set one against another. Under date of a week later, the Trustees reply, expressing great surprise that he had any further demands to make upon them. They are the more surprised because he was present on the 17th of January, 1749, when his accounts were delivered, examined and determined, and at that time he had made no mention of anything further. They, there- fore, request that he let them know what these demands are as soon as possible, the circumstances of the Trust not ad- mitting of any delay.89


This was the last communication that passed between the General and the Trustees, so far as the records show. The accounts of the Trust do not indicate that he ever paid any money to extinguish the claims against him, nor, on the other hand, do they indicate that he received anything in consequence of his claims. It seems most probable that the claims remained unsettled until the Trust was dissolved.


Reviewing the whole connection of Oglethorpe with the province of Georgia, we are led to a number of interesting conclusions. His personal character was worthy of admira- tion. Though it was bitterly assailed by many of his ene- mies, both on general and specific charges,90 nothing un- ºC. R. I: 566-567.


9 In a number of pamphlets like the "True and Historical Narra- tive" (Ga. Hist. Collec. II: 163 et seq.), he was bitterly assailed. Also by Rev. William Norris and others at the Parliamentary inquiry. (C. R. V: 573, 619.)


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93


The Relation of Oglethorpe to Georgia


worthy or dishonorable was ever proved against him. In the beginning of the enterprise, he showed only the most disinterested and philanthropic motives, and at no time dur- ing his connection with it did he seem to act from purely selfish incentives. In his first visit to Georgia, he must have been actuated primarily by the desire to aid those who had been oppressed and to show them how to succeed in their undertaking. On his later journey the same desire to be of service was doubtless present also, though it was mixed with personal ambition. He was generous in his gifts of labor and sacrifice for the colony. His contributions in money as shown in the receipts of the Trustees, were small,91 but his services were given freely to the Trust,92 and at times he even paid his own expenses. He has been highly eulogized because he did not accept pay from the Trustees and did not acquire any lands in Georgia, but we have already noted that the charter forbade him to do either.93


As to his official career in Georgia, in spite of his high aims, his pure motives, and his clean character, he did not meet with very great success. He started out on the friendliest terms with South Carolina, but it was not long until that province was completely alienated from him. Of course this was not entirely the fault of Oglethorpe, but in the mat- ter of the Indian trade and in regard to the expedition to Florida, he did not seem to use' the tact that was needful to get the best results. Whether another could have suc- ceeded better is of course an open question, but there was no difficulty with the colony after President Stephens took


81 They amounted to about sixteen pounds. (C. R. III: 7, 14, 164.) 92 He was paid nothing at all until he was made colonel of the regiment and commander-in-chief of the forces of South Carolina and Georgia, when he received abundant pay from the government, though nothing at any time from the Trustees.


93 C. R. I: 16, 21-22.


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Georgia as a Proprietary Province


charge of the Indian affairs for Georgia. On the whole, his relations to the civil affairs of the province were not en- tirely advantageous. Retaining all authority at first, he made the impression, whether intentionally or not, that the magistrates were to be subservient to his will and that no important action was to be taken without his consent. This caused vexatious delays when he was out of the province or too far away to be readily reached; it was also a source of misunderstanding and hard feeling between him and the Trustees later on. There was no settled way of doing things in Georgia until the Trustees made it plain that their direc- tions were to be fully carried out without consulting him.


As long as his advice was followed regarding the land tenures, the introduction of rum, and the prohibition of negro slaves, the colony was kept backward. In theory he seemed to be right on all those matters, but, as Burke ob- served, the regulations were not adapted to the country and to the people concerned, and they could not succeed. The Trustees in England had to depend on the advice given by Oglethorpe on the field, and he erred, though in all hon- esty, as to what was the best course to pursue. The loose government and the unsatisfactory economic conditions were the principal hindrances in the development of the colony.


In the matter of defence he was most successful, main- taining peace with the Indians and keeping the Spanish out of Georgia ; yet even in this matter it is not certain but that another policy might have been better. The plan of push- ing fortifications and forts far to the south helped to arouse the hostility of the Spanish, and after they were established in 1735 and the following years, there was much disturb- ance from Spanish alarms. The people could not raise their crops and go quietly about their business. They might have been spared this anxiety if the Georgia settlements had


95


The Relation of Oglethorpe to Georgia


been kept within the limits of the province, and especially if they had been kept in the northern part of it. However, in the actual fighting necessary to drive off the Spanish in 1742, General Oglethorpe was abundantly successful. His zeal for defence led him to make quite extensive expenditures of money which neither the Trustees nor the British govern- ment were willing to sustain. He was of that generous and somewhat reckless disposition that does on the impulse what seems necessary at the moment without waiting to weigh the expense and determine whether it is absolutely required. With his own money he was perfectly willing to make such expenditures, and so he was not likely to think it wrong to do so with that of the Trust or of the Government. Thus he had serious trouble himself because of his accounts, and he made trouble for the Trustees.


If he was unsuccessful in Georgia, he was not more to blame than the Trustees themselves, and perhaps he was not so much at fault as they. He was placed by them in a most embarrassing position, being sent to take charge of the colony and yet clothed with most insignificant powers. He could accomplish little if he stayed within his commis- sion from them, and if he exceeded it he was open to censure, especially if his transgression proved troublesome in any way. They gave him very few instructions, but they were ready enough to expect that he act wisely without them. If he could have been appointed a regular governor of the province, with powers similar to those of the governor of South Carolina or of other provinces, and with sufficient as- sistants to help him, he would no doubt have made an ex- cellent record in most respects, but the Trustees were un- willing to surrender much power to any one in the colony, and no member of the Trust could fully occupy the position of governor on account of the charter provisions.


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Georgia as a Proprietary Province


Therefore in our judgment it would have been better for the province if Oglethorpe had never gone to Georgia, or at least if he had gone there, only as the commander of the regiment and without any civil authority at all. Of course his help at the outset would have been greatly missed, and the first year might not have been so successful as it was. If Oglethorpe had not gone, however, it would have been necessary for the Trustees to send some other person of experience and ability to manage the expedition, as it could not have been trusted to the raw colonists themselves. . Such a person would have been responsible to the Trustees, as Oglethorpe was not; from him they could have required frequent and regular reports, as they did not feel free to require of Oglethorpe and as they did not get from him. Such a person, whether actually bearing the title of governor or not, would have had centralized authority to some ex- tent, and he would have been steadily in the province, whereas Oglethorpe did not feel bound to remain there and did not actually reside in Savannah, the central place of govern- ment, more than one year out of the ten that he was con- nected with the province. The Trustees would have felt it necessary to send full instructions to such an official, as they did later to President Stephens, while they expected Oglethorpe to know what to do from his general knowledge of their purposes, and greater definiteness and certainty were much needed in the colony.




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