USA > Georgia > Statistics of the state of Georgia : including an account of its natural, civil, and ecclesiastical history ; together with a particular description of each county, notices of the manners and customs of its aboriginal tribes, and a correct map of the state > Part 5
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DIVIDENDS ON BANK STOCKS, " Education Fund," $262,300 19,250
MISCELLANEOUS SOURCES, (say)
10,000
EXPENDITURES.
LEGISLATIVE DEPARTMENT :- Pay of Members and Offi- cers of the General Assembly, (average of triennial sessions, $60,000,) making annual average
30,000
Printing for the Legislature, (average $10,000,) annual
5,000
35,000
EXECUTIVE DEPARTMENT :- Salary of Governor
3,000
"
"
3 Secretaries, at $1000
3,000
"
Secretary of State
1,600
"
" Treasurer
1,600
Comptroller General 1,600
"
Surveyor General
1,600
12,400
JUDICIARY DEPARTMENT :- Salary of 3 Judges of Su- preme Court, at $2500 each
7,500
Reporter of Supreme Court
1,000
11 Circuit Judges, at $1800 each
19,800
11 Solicitors General, at $225 each
2,475
30,775
PUBLIC DEBT, reduction of
*50,000
" interest on
111,500
161,500
POOR SCHOOLS, aid of
19,250
LUNATIC ASYLUM
11,625
DEAF AND DUMB ASYLUM
4,500
CONTINGENT FUND
10,000
PRINTING FUND
2,000
MILITARY PURPOSES
1,500
MISCELLANEOUS APPROPRIATIONS, annual average (say)
5,000
$293,550
* And all surplus amounts unexpended.
313,550
59
JUDICIARY.
GOVERNORS.
The following are the names of the Governors of Georgia from its first settlement to the year 1849 :-
James Edward Oglethorpe, elected 1732; William Stephens act. Gov., 1743; Henry Parker, act. Gov., 1751; John Rey- nolds, 1754; Henry Ellis, 1757; James Wright, 1760; James Habersham, act. Gov., 1771 ; William Erwin, 1775; Archibald Bulloch, 1776; Button Gwinnett, 1777 ; John A. Treuitlen, 1777 ; John Houstoun, 1778 ; John Werriat, 1778; George Walton, 1779; Richard Howley, 1780; Stephen Heard, 1781 ; Nathan Brownson, 1781 ; John Martin, 1782; Lyman Hall, 1783 ; John Houstoun, 1784; Samuel M. Elbert, 1785 ; Edward Telfair, 1786; George Matthews, 1787; George Handly, 1788; George Walton, 1789 ; Edward Telfair, 1790; George Matthews, 1793; Jared Irwin, 1796; James Jackson, 1798 ; David Emanuel, 1801; Josiah Tattnall, 1801; John Milledge, 1802; Jared Irwin, 1806; David B. Mitchell, 1809 ; Peter Early, 1813; David B. Mitchell, 1815; William Rabun, 1817; Matthew Talbot, 1819; John Clark, 1819; George M. Troup, 1823; John Forsyth, 1827; George R. Gilmer, 1829; Wilson Lumpkin, 1831; William Schley, 1835 ; George R. Gilmer, 1837 ; Charles J. McDonald, 1839; George W. Crawford, 1843 ; George W. Towns, 1847; Do., 1849.
JUDICIARY.
The first judicial tribunal in Georgia, was the Town Court of Record, held in Savannah in 1733. This court had cogni- zance of all manner of crimes, causes, and things whatever, aris- ing or happening within the province of Georgia, or between persons inhabiting or residing there, whether the same be crimi- nal or civil, or whether the said crime be capital or not capi- tal, and whether the pleas be real, personal, or mixed. It was composed of the three Bailiffs, Recorder acting as Clerk, and twelve freeholders. The following persons composed the first jury in Georgia :
60
JUDICIARY.
Samuel Parker, Thomas Young, Joseph Cole, John Wright, John West, Timothy Bowling, John Milledge, Henry Close, Walter Fox, John Grady, James Carwell, Richard Cannon.
" To this bench of magistrates," says Dr. Stevens, "the trustees did what they could, to give dignity and authority; and well knowing the respect which is inspired by the badges and trappings of office, sent over magisterial gowns; those for the three Bailiffs being purple, edged with fur, and for the Re- corder being black tufted." A court of the same kind was established at Frederica, but upon the merging of the two counties into one, in 1743, the court of Frederica was abol- ished, and the President and Assistants were directed to hold four courts in each year, in Savannah. This was the only court, until the arrival of Governor Reynolds, upon whose re- commendation a General Court was established, having juris- diction of all cases exceeding the value of forty shillings, and also to have the same power exercised by the Courts of King's Bench, Common Pleas, and Exchequer in England. This court was to consist of two Judges, Attorney-General, and other lower officers, and was to be held quarterly, on the second Monday, respectively, of January, April, July, and October. Appeals from the decisions of this court, provided the sum ex- ceeded £300 in value, could be made to the Governor and Council ; and if the amount involved in the case was more than £500, it could be carried to the king in council. A Court of Chancery was also ordered, for hearing and deter- mining all matters of equity, to be held before the Governor as Chancellor, and the officers of which were to be a Master, Re- gister and Examiner. A Court of Oyer and Terminer was also ordered, to sit twice, for the trial of all criminal cases, and a Court of Admiralty, to manage maritime cases. For punish- ing slaves committing capital crimes, a Commission of Oyer and Terminer was to be issued to the ustice of the district where the offence was committed. Justices' Courts were to determine sums under 40 shillings. The first judges of the General Court were Noble Jones and Jonathan Bryan. In the Court of Admiralty were James Edward Powell, Judge Advocate ; William Clifton, Advocate General ; Alexander Kellett, Marshal; William Spenser, Register. Until 1789,
61
JUDICIARY.
the judiciary department of Georgia was principally managed as we have stated. It was then changed, or new modelled. - At present, the judiciary is thus arranged :
1. A COURT OF ERRORS AND APPEALS, consisting of three judges elected by the Legislature for six years. This is an appellate tribunal for the correction of errors in law and equity from the Superior Courts. The terms are held in Sa- vannah, Milledgeville, Macon, Hawkinsville, Americus, Tal- botton, Decatur, Gainesville, and Cassville.
2. SUPERIOR COURT; judges elected by the Legislature for four years. This is a court of general jurisdiction, both as a court of common law and equity, held twice every year in each county in the State, and has the power of correcting all errors in the inferior judicatories, and exclusive jurisdiction in all criminal cases, and in the trial of titles to real estate.
3. INFERIOR COURT ; consisting of five justices in each county, who are elected by the people for the term of four . years. The terms of this court are two in each year. This: court has concurrent jurisdiction with the Superior Court, in: actions of debt, trespass, &c., and has the supervisory power in their counties, over bridges, ferries, roads, public buildings,. &c., &c., and also the powers of a Court of Ordinary, in all. matters in relation to the estates of deceased persons, the care of the poor, and in all actions other than those in which the title to land is involved.
4. JUSTICES' COURTS ; consisting of two justices for each. militia district, in every county, who are elected by the people of their district. They have jurisdiction in cases of debt, when the same does not exceed thirty dollars.
The laws of Georgia were compiled by Marbury and Craw -- ford, from its earliest settlement as a British province in 1755 to 1800; and by Augustus S. Clayton, from the year 1800 to the year 1810 inclusive; by L. Q. C. Lamar, from 1810 to 1820, and by William C. Dawson, from 1820 to 1830 inclusive.
Digests of these laws have been made by Prince and Hotchkiss, and an Analysis of the Statutes of Georgia, com- piled by Howell Cobb, Esq.
There are eleven judicial districts : Eastern Circuit, nine counties ; Middle do., nine do .; Western do., eight do .; Nor-
5
62
PENAL CODE.
thern, do., eight do .; Southern do., nine do .; Ocmulgee do., seven do .; Flint do., nine do .; Chattahoochee do., five do .; Cherokee, do., eleven do .; Coweta do., ten do .; South-west- ern do., 8 do.
PENAL CODE
The code of penal laws of this State was enacted in 1833, and went into operation on the first day of June, 1834. Some of its provisions have since that time been amended, and other sections added. It superseded the code of 1817. The fre- quent substitution of one system for another-the establish- ment of a penitentiary, and then its immediate abandonment- indicate a very unsettled state of the popular mind in regard to the different plans. In 1816 the State abandoned the san- guinary criminal laws which had existed, and adopted a new system of pains and penalties, altogether more compatible with the condition of the people, and better suited to the advanced stage of civilization. The discipline of a State prison was then but imperfectly understood, and the changes it effected in the old system, together with a very imperfect execution of the plan, excited a decided distrust, which soon presented itself in open opposition to it. After sixteen years of experience, there- fore, it gave way to the earnest opposition which was brought to bear upon it, and the Legislature of 1831 abolished it. The State was thrown back upon a code which it had repudiated, and criminal justice was administered according to laws at once odious to humanity and behind the intelligence of the age. But this condition of things did not last. The change was palpably felt : public opinion again reacted in its favour : a reform was demanded, and the penitentiary was again re- stored. But the old code, with its flagrant defects, was found inadequate to accomplish the purposes of the new system, and accordingly, in 1832, the Legislature passed a resolution authorizing the Governor to appoint a committee of three persons to prepare a plan for the penitentiary buildings, digest a system of laws for its organization, and revise and amend the
- 63
MILITIA SYSTEM.
penal laws of the State. The committee appointed by Gover- nor Lumpkin were, William Schley, Joseph H. Lumpkin, and John A. Cuthbert; all gentlemen of eminent legal attainments. They reported to the Legislature of 1833, and that report is the existing code of penal laws, with some modifications and amend- ments. This system has been in operation since 1834; and although the test of fifteen years has pointed out defects, expe- rience has suggested no better mode of administering the cri- minal justice of the State. Some of its penalties are severe- necessarily so-but not more so than is demanded by the safety of the State and the security of its citizens. None of its pro- visions are sanguinary and cruel ; and while they may be ob- jectionable to that sort of fanaticism which would abolish all capital punishments, they accord with the principles of justice and come up to the enlightened humanity of the age. Its sanc- tions are not in a temper of wanton cruelty, but of conservative and reforming equity. It has dispensed with the hideous re- lics of barbarism-the mutilating knife, the brand and the post, the pillory and the scourge. There are thirteen crimes which, according to the penal code, are punished capitally.
There are, no doubt, defects in the code which experience will suggest and which time will reform. The experience of every year has resulted in improvements in the discipline of the State prison. It has, after years of pecuniary embarrass- ment, surmounted its misfortunes, and now sustains itself and brings a small revenue to the State.
MILITIA SYSTEM.
The militia of Georgia are organized into Divisions, Brig- ades, Regiments, Battalions and Companies. Each Division is commanded by a major general, whose staff consists of one di- vision inspector with the rank of lieut. colonel, one quarter- master and two aids, with the rank of major each. Each Brigade is commanded by a brigadier general, whose staff consists of a brigade inspector with the rank of major, a brig-
64
MILITIA AND TROOPS
ade quarter-master, and an aid-de-camp with the rank of cap- tain. Each regiment is commanded by a colonel, whose staff consists of a quarter-master, a pay-master, and adjutant with the rank of lieutenant, and one surgeon and mate, with a lieu- tenant colonel and major, a sergeant-major, quarter-master- sergeant, and a drum and fife major. Each company consists of one captain, a first and second lieutenant, and ensign, four sergeants and four corporals, a drummer and fifer, and sixty- four privates. At present there are thirteen divisions, each commanded by a major general, comprising twenty-six brig- ades under the command of brigadier generals.
MILITIA AND TROOPS IN REVOLUTIONARY WAR.
In the year 1775, the State of Georgia had one thousand militia constantly in service, and which number was continued until the spring of 1776. I am led to this belief from the par- ties I know of my own knowledge to have been called out, the frontier situation of Georgia, the struggle with our inter- nal enemies, the defence of the country against the Florida banditti, and the expedition against Savannah under Commo- dore Barclay. For the years 1776, 1777, the militia in actual service may be computed at seven hundred and fifty, exclusive of two battalions of minute men which were in service until July 1778, of seven hundred and fifty each, and a State regi- ment of horse supposed two hundred and fifty, with three addi- tional troops of forty men each, under the command of a ma- jor. In the year 1778, exclusive of the State corps, there were two thousand militia in actual service for nearly six months. In 1779, 80, 81, 82, the militia may be computed at seven hun- dred and fifty, constantly in service for the whole period, as the State during this time was totally ravaged by the enemy, and the citizens of Georgia never quit the field, although compelled to abandon not only their homes, but frequently their State. This is exclusive of the Georgia Legion raised in '81 by order of General Greene .*
* From the MS. of Gen. James Jackson.
65
IN REVOLUTIONARY WAR.
Names of the Officers who were in the Continental Line of the Georgia Brigade during the Revolutionary War, including Infantry, Dragoons, Legionary Corps, and General Staff.
Brigade Generals .- Lachlan McIntosh, Samuel Elbert. Colonels .- James Scriven, John White, Robert Rae.
Lieut. Colonels .- Joseph Habersham, Joseph Lane, Thom- as Chisolm, Francis Moore, Philip Lowe, George Handley, Benjamin Porter; John S. Eustace, Adjutant General; Lachlan McIntosh, Junior Brigade Inspector; John Berrian, Brigade Major ; John Milton, A. D. C .; George Melven, B. Q. M.
Captains .- John Bennis, Gideon Booker, Chestley Bost- wick, Celerine Brosard, John Bard, Charles Budd, Isham Cook, Arthur Carney, Ranes Cook, Jacob Colson, John Cunningham, Alexander D. Cuthbert, Joseph Day, Daniel Duval, Peter De- bosh, John Dooley, Thomas Dooley, Ignatius Few, John Greene, John Hancock, William Hornby, - Jaret, Evans Lewis, John Lucas, William Matthews, William McIntosh, Thomas Morris, Elisha Millar, John Mosely, Charles Middleton, Littleberry Mosely, Clement Nash, Patrick Fitzpatrick, James Powell, Thomas Scott, Andrew Templeton, Thomas Thread- gill, Jesse Winfrey, Shadrack Wright.
Lieutenants .- Francis Authur, Thomas Brown, James Bryan, John Caldwell, Cornelius Collins, Edward Cowen, Wal- ter Dixon, George Dooley, Thomas Glascock, Caleb Howell, Arthur Hayes, Christopher Hillery, Robert Howe, Nathaniel Huges, William Johnson, William Jordan, William Lowne, Josiah Maxwell, John Manley, John Mitchell, Thomas Mitch- ell, John Martin, William McDonald, Thomas Netherland, John Newdigate, Benjamin Odingsell, Thomas Payne, Na- thaniel Pierre, Robert Porter, Thomas Porter, William Roach, John Rae, Abraham Saixas, Robert Simpson, E. Shick, David Sarzedas, Randolph Smith, --- Steadman, Francis Tennell, David Turner, J. P. Wagnon, George Walton, Jesse Walton, Robert Ward.
GENERAL STAFF .- Richard Wyley, Q. M. G. ; Joseph Clay, P. M. G .; Mordecai Sheftall, C. G,; Sheftall Sheftall, D. C. G .; Davis Rees, Judge Advocate; Moses Allen, Chaplain.
HOSPITAL DEPARTMENT .- Surgeons, David Bradie, McKinne.
-
-
66
EDUCATION.
Surgeon's Mates .- Adam Alexander, Nathan Brownson, James Houstoun, Thomas Davenport, Frederick Ridgley, - Wood.
LEGIONARY CORPS .- James Jackson, Colonel; Thomas Washington, Major.
Captains .- Henry Alison, Sherwood Bugg, John Morri- son, James Stallings, John Lyons.
Lieutenants .- Thomas Hamilton, Ezekiel Stallings, Benja- min Hawkins, Stephen Blount, Benjamin Harvey, Nicholas Millar.
ARTILLERY .- Major, Roman de Lisle.
Captains .- Edward Young, John Fraser.
Colonels .- Samuel Jack, John Stewart.
Lieut. Colonel .- Elijah Clark.
EDUCATION.
The following extracts from a Discourse delivered before the Georgia Historical Society on the 12th day of February, 1845, by Dr. Church, President of the University of Georgia, contains an epitome of the history of Education in our State.
Though our State laboured under peculiar difficulties, dur- ing her colonial existence, and for a considerable period after our independence, its history shows that our fathers were not less attentive to the great subject of general education, than were those who first settled our sister States.
There are, I doubt not, many important and interesting facts, as well as many records, which may, and I hope will be brought forth, and which will show, that had we carried out the views of her early patriots, and the framers of our first Constitution, Georgia would now have a system of education, equal, if not superior, to that of any State in the Union. We owe it to the honour of our fathers that this portion of our history shall not be neglected. Those who have ex- erted a large influence in the establishment and support of seminaries of learning, and those who have been eminent as instructors, in the higher branches of knowledge, will be hon-
67
EDUCATION.
oured, and their names will be chronicled among the benefac- tors of the State. While Franklin College shall remain, or its records be preserved, the name of Gov. Milledge will be hon- oured for the noble gift of a large tract of land, intended not only for the site of the College, but also for that of a town, a gift which has, to a large extent, aided the trustees of the institu- tion in sustaining it when other resources failed. While the records of the Baptist denomination of Christians in Georgia shall be preserved, the name of Dr. Mercer will be honoured by the friends of Christian education, for his munificent gifts and bequests to the University which bears his honoured name. And high as the reputation of Gov. Jackson and Abram Baldwin stand, for their political services to the State, I doubt not that their services in the cause of education will add as bright a chaplet to their fame. Such men as the de- ceased Dr. Waddel, and the venerable patriarch of the school- room and the pulpit, Dr. McQuir, can never be forgotten while any history of our State remains.
As proof that the early inhabitants of our State were not unmindful of the subject of general education, we may appeal to the records of the first settlements of different sections of the country. In Savannah, early provision was made for public education, and especially for the education of the orphan and the poor. The efforts which were made to sustain the Orphan House, and to establish and support Bethesda Col- lege, as well as the minor schools which were open to all the children of the city, are evidence of the feelings and senti- ments of its early inhabitants.
We may refer also, with pleasure, to the pious, persecuted men, who first raised their Ebenezer in a sister and adjoining county, and who there at the same time reared the standard of religion and education.
The early history of the city of Augusta is proof of the same feeling, on the part of her first inhabitants. The provi- sion which was there made for the establishment and ample endowment of her Academy, one of the most useful institu- tions of the kind in our Southern country, is proof that the subject of education was considered by her citizens as one of vital importance.
The hardy Highlanders who planted themselves upon the
68
EDUCATION.
banks of the Alatamaha, as a bulwark against savage incursions and Spanish invasion, brought with them that love of learning which characterizes the land of their fathers, and to the honour of their descendants it may be said, they have ever been the fast friends of general education, and of an elevated standard of learning in the State.
I need not mention the little colony who first penetrated the swamps of our Southern seaboard. All who are familiar with the history of that favoured portion of our State, know with what zeal and energy its first settlers commenced, and with what success, they prosecuted their efforts to establish and to sustain the institutions of learning and religion ; and most honourably have the sons of those noble sires followed in the footsteps of their patriotic and pious ancestors !
Those who first settled in the county of Wilkes were not less mindful of this important subject. Scarcely had they traced the outlines of their now beautiful village, before pro- vision was made for a permanent institution of learning ; and from that period to this, the cause of education has been one of deep interest to its citizens, and the special care of its muni- cipal authorities. And as we trace the history of our State from almost the landing of Oglethorpe to the acquisition of the last portion of our territory, we find the subject of educa- tion a prominent subject in the estimation of the first settlers of the different portions of the country. Academies have usually been coeval with the organization of the counties ; and in no State in the Union have there probably ever been more or better conducted institutions of the kind, in propor- tion to the population, than in Georgia. And in no State in the Union have the services of teachers of Academies been more liberally rewarded.
The first constitution of Georgia was adopted the 5th of February, 1777, only a few months after the Declaration of Independence. The 54th section of this constitution declares, ." Schools shall be erected in each county, and supported at the general expense of the State." This is an important record in the history of our education. On the 31st of July, 1783, the Legislature appropriated 1000 acres of land to each county for the support of free schools. In 1784, a few months
69
EDUCATION.
1
after the ratification of the treaty of peace, by which our na- tional independence was acknowledged, the Legislature, again in session at Savannah, passed an act, appropriating 40,000 acres of land for the endowment of a College or University. This act commences with the remarkable preamble: " Whereas, the encouragement of religion and learning is an object of great importance to any community, and must tend to the prosperity and advantage of the same."
In 1785, the charter of the University was granted, the preamble to which would do honour to any Legislature, and will stand a monument to the wisdom and patriotism of those who framed, and of those who adopted it.
" As it is the distinguishing happiness of free governments that civil order should be the result of choice and not neces- sity, and the common wishes of the people become the laws of the land, their public prosperity and even existence very much depend upon suitably forming the minds and morals of their citizens. When the minds of the people in general are viciously disposed and unprincipled, and their conduct disor- derly, a free government will be attended with greater convul- sions, and evils more horrid than the wild uncultivated state of nature. It can only be happy where the public princi- ples and opinions are properly directed and their manners regulated.
" This is an influence beyond the stretch of laws and pun- ishments, and can be claimed only by religion and education. It should, therefore, be among the first objects of those who wish well to the national prosperity, to encourage and support the principles of religion and morality ; and early to place the youth under the forming hand of society, that, by instruction they may be moulded to the love of virtue and good order. Sending them abroad to other countries for education will not answer the purpose, is too humiliating an acknowledgment of the ignorance or inferiority of our own, and will always be the cause of so great foreign attachments that, upon princi- ples of policy, it is inadmissible."
In 1792, an act was passed appropriating one thousand pounds for the endowment of an Academy in each county.
In 1798, a third constitution was adopted. The 13th sec-
70
EDUCATION.
tion of the 4th article declares : " The arts and sciences shall be patronized in one or more seminaries of learning."
In 1817, two hundred and fifty thousand dollars were ap- propriated to the support of poor schools. In 1818, every 10th and 100th lot of land in seven new counties was appro- priated to the cause of education ; and in 1821, two hundred and fifty thousand dollars were set apart for the support of county Academies.
These records show, that the people of Georgia, from the commencement of their independence to the full establishment of their constitutional Government, have recognized the duty and the importance of making public and ample provision for the education of all her citizens. These records show, that her Jacksons and Baldwins, with their many worthy coad- jutors, in the achievement of our independence, and in the establishment of our present form of government, did not doubt, that the State could, and that she ought to, become an efficient patron of learning-that correct moral and religious instruction could be imparted in our public schools and Colleges.
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