USA > Georgia > The Revolutionary records of the State of Georgia, Volume II Pt 1 > Part 11
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On application to this Board, from Joel Walker, an inhabitant of this State, now a prisoner to the Continental Troops, for lib- erty to return to his family.
RESOLVED, That upon his applying to any Magistrate of the State, the said Magistrate shall make enquire into the nature of the crimes for which he is confined, and if such as to be bailable by the laws of the State, that he shall take sufficient bail of the said Walker, for his appearance at Court whenever called upon.
The Council then adjourned to to-morrow morning 9 O'Clock.
Tuesday August 24th 1779.
The Council met according to adjournment.
Members present, John Wereat Esquire President
Joseph Habersham Seth John Cuthbert
William Gibbons Myrick Davies.
Humphry Wells.
The President laid before the Board a letter from General Lin- coln, dated the 14th instant, which was read in its place and filed.
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THE REVOLUTIONARY RECORDS
WHEREAS, it has been represented to this Board by Colo Wylly, Deputy Quarter Master General, in the Continental serv- ice, that he is ordered by General Lincoln to procure a number of waggons to bring up public stores front Charleston, to this place, and that he has reasons to believe that they cannot be hired at the rates hitherto given, and requests the advice and assistance. of the Board with respect to the business.
RESOLVED. Therefore, that it is the opinion of this Board, that twelve dollars and a third per diem, and being found, is a generous price for a waggon and team, and that Colo. Wylly be requested to endeavor to get them at this price; but in case he should not be able to procure them upon those terms,
ORDERED, That he then do impress without loss of time such number as he may deem necessary for the above service.
The Council then adjourned to Thursday next 9 O'Clock.
.
Thursday 26th August 1779.
The Council met according to adjournment.
Present, John Wereat Esquire, President
Seth John Cuthbert William Gibbons
Joseph Habersham Humphry. Wells.
Myrick Davies
Joseph Clay Esquire, a Member elect, attending the oath was administered to him, and he took his seat accordingly.
Capt. Joshua Inman returned the delegation from Burke Coun- ty, when it appeared there were thirty two, who signed the same.
RESOLVED. That a Committee be appointed to draw up in-
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MINUTES OF THE EXECUTIVE COUNCIL.
tructions for the Continental Delegates; and to consider of wate method for regulating the plunder that has been, or here after shall be taken from the enemy and others.
ORDERED. That the President, Mr. Clay and Colº Habersham, le that committee.
RESOLVED. That this Board will proceed to the election of Continental Delegates on Monday next.
The Council then adjourned to Monday next 9 O'Clock.
Monday August 30th 1779.
The Council met according to adjournment.
Present, John Wereat Esquire President
Joseph Clay Joseph Habersham
Humphry Wells Myrick Davies
Seth John Cuthbert William Gibbons.
Sundry letters being laid before the Board, viz./ From Genl. Lincoln dated Charleston 224 Inst from Colonel Hammond 22nd from John Glen 23ª from William OBryan 24th from Genl. Me- Intosh 29th were read and filed.
: The following answer was returned to General McIntosh's letter of yesterday.
Sir,
Your letter of yesterday was laid before the Council this morn- ing, and they are of opinion that the present is an improper time to offer a general pardon, but when a sufficient force shall be in the State to subdue our deluded Citizens a proclamation offering
:
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pardon with some exceptions may be issued, that in the meantime no discouragements should be given to any persons who surrender themselves, nor their property or families molested; that a list of the names of such persons as surrender themselves, should be transmitted to the Council who, will take such measures as they may deem necessary for the safety of the State.
RESOLVED-That the election of Delegates to represent this State in Congress, which was the order of this day, be post- poned.
The Council then adjourned to to-morrow morning 9. O'Clock.
Tuesday 31st August 1779.
The Council met according to adjournment.
Present, John Wereat Esquire, President
Humphry Wells William Gibbons
William Few Joseph Habersham
Myrick Davies Joseph Habersham
Seth John Cuthbert
WHEREAS, application has been made by a number of the in- habitants of this State, in behalf of Pride Williams, Francis Hancock and Moses Diers citizens of this State, now in confine- ment on Board the prison ships in Charleston, praying that the Board would take such steps as may be necessary for the relief of the said prisoners.
RESOLVED therefore, that a Committee be appointed to write to Genl. Lincoln on the subject.
ORDERED- That the President and Mr. Cutlibert be that Com- mittee.
.
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MINUTES OF THE EXECUTIVE COUNCIL.
Mrs Dyers having made application for liberty to go down to Savannah, to endeavor to recover her negroes, who are in the enemies hands, it is the opinion of this Board that the said Mrs. Dyers may be permitted to go down at such time as the Com- manding Officer may think proper.
Mr. Cuthbert and Peter Pariss made a return of the election of Officers for the Augusta Company of Militia in the County of Ridunond, when it appeared that Jeremiah Bugg was elected Captain; Sherwood Bugg first Lieutenant, and Nathaniel Hicks Jun' second Lieut. Commissions were made out and delivered.
Mr Carter and Mr Freeman having waited on the Council acquainting them that an election was about to be held to fill up their vacancies in the House of Assembly from the County of Wilkes, in consequence of a false report prevailing there, that the lower Counties had taken such steps.
ORDERED. That a letter be wrote to the Magistrates and in- habitants of Wilkes County, informing them, that no such meas- ures have taken place. And is as follows,
Being informed by Messrs Carter and Freeman that a meeting of the inhabitants of your County has been, or is about to be called, for the purpose of choosing Representatives in Assembly, in consequence of a report being spread among you, that the lower Counties were taking the same steps. We therefore, at their request take this opportunity to inform you that no such measure, with our knowledge, has been pursued here; or intended to be pursued ; before the time that a general election as directed by the Constitution, takes place. And we are sorry.to observe that we cannot think any person a friend to this Country who has promoted such a report; as it can only tend to create uneasi- ness and disunite us, and that at a time when a firm union and the utmost harmony in the State is required.
We have made these Gentlemen acquainted with our proceed-
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THE REVOLUTIONARY RECORDS
ings hitherto and our intentions in future in regard to many matters; And we have only to assure you that nothing in our power to promote the true interest of our Country will be neg- lected if we are properly supported by our fellow-citizens.
The Council then adjourned to 4 O'Clock this afternoon.
The Council met according to adjournment.
The Committee appointed to write to General Lincoln made their report, which is approved, and is as follows;
SIR,
A petition signed by a number of the inhabitants of this State, has been presented to us, in behalf of Pride Williams, Francis Hancock and Moses Dyers, citizens of the State, at present con- fined on Board the prison ships in Charleston, setting forth their having been heretofore active in the defence of their Country and demeaning themselves as good citizens thereof; that they were, upon the enemy's leaving Augusta, made prisoners of, for having been under the necessity of taking protection, and sent to Charleston by Genl. Williamson; and praying that they may be relieved from their confinement on board the prison ships, We therefore request, that you will send them up on parole as soon as you conveniently can, that they may be tried by the laws of . their Country, and by those laws be condemned or restored to the rights and priviledges of free citizens. .
As there may possibly be others on board those ships, who are under the same predicament, or who, as having been residents of this State, ought to be exchanged for the Citizens thereof, now prisoners with the enemy, or who may have been guilty of treason against the State, we beg that you will be so kind as to transmit us a general account of the Georgians now in confinement in Carolina; that we may be enabled to take such steps, with re- spect to them, as humanity and justice may demand.
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MINUTES OF THE EXECUTIVE COUNCIL.
By your letter of the 22ª Inst., which we have been honored with, you inform us that you have offered one Ferguson, who we lad demanded, in exchange; and that unless charges of a particular nature lie against him, you will be under the necessity of abiding by your offer. The charges against him are, after Nis having taken a Captains Commission in the Militia, and en- graging with Mr. James Rae, Depy. Comis' General of this State, as a purchasing Commissary, his having joined the enemy with 20,000 dollars which Mr. Rae had placed in his hands for the purpose of buying provisions for the army.
The Council then proceeded to ballot for Delegates to represent this State in Congress, when Edward Telfair, John Houstoun, and Edward Langworthy Esquires were elected.
The President laid before the Board, two letters from Col" Dooly, dated 29" Inst. with an account of the criminals under sentence of death, at the Court held for Wilkes County on the "3" Instant, which were read in their place and filed.
The Council then adjourned to to-morrow morning S O'Clock.
Wednesday September 18 1779.
The Council met according to adjournment. .
Present, John Wereat Esquire, President
Joseph Habersham Humphry Wells
Myrick Davies. William Few
Joseph Clay William Gibbons
Seth John Cuthbert
WHEREAS, it has been represented to the Board, that sundry inhabitants of this State, have made a practice of going within the enemies lines without leave.
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THE REVOLUTIONARY RECORDS
RESOLVED, That the following notice be published.
WHEREAS, it has hitherto been made a practice, by sundry the inhabitants of this State, to go within the enemies lines without leave-Notice is hereby given, that all persons, who shall be guilty of the like practice in future, without leave first obtained, from this Board, and a pass in consequence from the Command- ing Officer, shall be apprehended as Traitors.
ORDERED. . That the President do issue an order to the Sheriff of Wilkes County, to suspend the execution of John Bennefield till Monday the 6th Instant.
The following letter was sent to Colo. Dooly in answer to his received yesterday.
SIR,
Your letter of the 29th ultimo, with a list of the condemned criminals, is received,- The Council would wish to have seen Colo. Downs, and to be informed of the favorable circumstances that arose in the course of their trials, to induce the jury to recommend them as proper objects of mercy.
' An order was issued to the Sheriff of your County to suspend the execution of Bennefield till monday the 6th instant; when the fate of the rest will be determined, and all that are to suffer death, be executed at the same time.
The Council are sorry to hear that Colo. Wells, has endeav- oured to mislead the people of Wilkes County, and have desired Mr. Freeman and Mr. Carter to represent matters to them in a proper light, and endeavor to satisfy them, which they have no doubt but that they will be able to effect.
The express returned from Charleston, but he brought no an - swer to the letter to the Governor; so that it is uncertain what will be the event of the application for money to pay off the militia.
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MINUTES OF THE EXECUTIVE COUNCIL.
An application was made to Colo. Hammond for the salt be- Waging to this State, who informed the Council, that Genera. Williamson received it, and that he has no salt coming up to re- place it; If you can procure waggons to go down, the Board will endeavor to procure salt in Charleston.
If you can procure waggons to go down, the Council desire you will inform them. The express Mr. Dannielly come up that you may get Col" Downes to come down; or if anything should prevent him, the Council may be properly informed of circum- stances that appear in favour of the condemned persons, who are recommended to Mercy.
The Council then adjourned to to-morrow morning S O'Clock :
Thursday September 2ª4 1779.
The Council met according to adjournment.
Present John Wereat Esq' President
Humphry Wells
Myrick Davies
. William Gibbons
Joseph Clay
Seth John Cuthbert- Joseph Hotersham
William Few
The President laid before the Board, a letter from Colo Downs, and a letter from Co's Downs & Benjamin Catchings, which were read and filed.
The Council took into consideration the proceedings of the Special Court held in the County of Wilkes on the twenty third ultimo and continued by adjournments to the twenty eighth.
RESOLVED, Therefore, that in consideration of the recom- mendation of the petit-jury on the trial of Edmª Downey, James Mobley, Clement Yarborough, John Watkins, William Crutchi- field, John Young & Driad Wildear, that they do pardon the 12 rr-vol 2
1
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THE REVOLUTIONARY RECORDS
said Edmª Downey, James Mobley, Clement Yarborough, John Watkins, William Crutchfield, John Young, and Dredd Wilder, on consideration that they enter on board one of the vessels cf War, of the United States; And that Joshua Rials also, then & there condemned to die, and not recommended to mercy by the Jury, they also pardon on the same condition of serving on board a vessel of War-But finding upon strict enquiry that Ed- mund Downey, one of the criminals condemned & recommended to mercy as above, has been guilty of a great number of the most daring and attrocious crimes, both against the State and the faithful citizens thereof, which circumstances they presume the Jury were not made acquainted with; and for which crimes they think he ought to suffer the pains of death; as also, Jolin Benne- field, condemned as above and not recommended to mercy.
ORDERED therefore, that the President do sign a pardon for the said Joshua Rials, James Mobley, Clement Yarborough, Jolin Watkins, William Crutchfield, John Young & Driad Wilder on the said conditions; and that he sign a warrant for the execution of the said Edmund Downey, and John Bennefield, on Friday the Ioth instant.
The President laid.before the Board, a letter from Mr. Eustace which was read
ORDERED, That the consideration of the said letter be post- poned.
The following answer, was returned, to the letter this day re- ceived from Colº Downs and Benjamin Catchings.
Gentlemen,
We have received yours of the 30th August and also been in- formed of the proceedings of your Court, and in consequence thereof, send you orders for the execution of Edmund Downey & John Bennefield, with a pardon for the others that were con-
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MINUTES OF THE EXECUTIVE COUNCIL.
demned, which you will please to transmit immediately to the Sheriff of your County, in order to have them executed. Council would wish to pardon Downey also, but being fully informed of his committing a number of the most attrocious crimes, think they cannot do it consistent with that justice which is due to the State,-
The Council are of opinion that those persons they have par- doned, should not know it till the day of Execution, that they should be carried to the place of execution and see the others executed; The Council also desire you'll apply to Colo Dooly for a guard to conduct them down to General McIntosh's head- quarters, in order that he may send them to the Commander in Chief.
The Council then adjourned till to-morrow morning 9. O'Clock.
Friday September 3rd 1779.
The Council met according to adjournment.
Present, . John Wereat Esquire, President
Joseph Clay William Few
William Gibbons Seth John Cuthbert
Myrick Davies Joseph Habershamn.
The Council took into consideration the application from Mrs. Eustace for leave to go to Savannah on business, after debating on the subject, the Board divided,
Yea's Mr. Gibbons
Noe's Mr. Clay
Mr. Davies Mr. Cuthbert
Mr. Habersham Mr. Few.
Mr. Wereat
-
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THE REVOLUTIONARY RECORDS
It was carried in the affrinative, provided she give General Me- intewh sufficient assurance, that she will carry no intelligence to ;for enemy.
On Motion, that a Committee be appointed to write to Sir James Wright on the subject of his parole, and to the Command- ing Officer of the British Troops, acquainting him, that we have several inhabitants of this State, who call themselves subjects to His Britanic Majesty; to demand a return of the names of such of the citizens of this State, who are now prisoners (either on parole or otherwise) to the British Troops in Georgia, and to propose an exchange, citizen for citizen.
ORDERED. That Mr. President, Mr. Gibbons & Mr. Cuthbert be that Committee.
ORDERED That Mr. President do write to Mr. Houston and Mr. Telfair, acquainting them of their being elected Delegates.
The Council then adjourned to Monday next 9 O'Clock.
Monday September 6th 1779.
The Council met according to adjournment.
Present, John Wereat Esquire, President
Seth John Cuthbert William Few
Joseph Clay Joseph Habersham.
William Few
Council being informed that Mrs. Cornels had been within the exten:y's lines,
ORDERED, that she attend this Board.
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MINUTES OF THE EXECUTIVE COUNCIL.
Mr. Sterk made application for leave to accompany a Flag to Ebenezer on particular business respecting his brothers family.
ORDERED, That it be recommended to the General that he have leave.
Mrs. Cornels attended this Board agreeable to order, and was examined upon oath.
The President laid before the Board a letter from Colo Dooly dated 3ª Instant, which was read and filed.
The Committee appointed to write to Sir James Wright and the Commanding Officer of the British Troops in Savannah, made their report, which was agreed to, and is as follows.
To Sir James Wright
SIR,
Early in the year 1776; when the first acts of hostility were commenced by the Ships and Troops of the King of Great Brit- ain against the inhabitants of this State, they thought proper to retaliate, and accordingly your Excellency and the Members of . His Britanic Majesty's Council were made prisoners upon parole. The Gentlemen of the Council were exchanged for some of our citizens that were in captivity on Board the Ships of War, then lying at Cockspur, but your Excellency was never discharged from the parole you gave to Capt. Harriss nor exchanged, there- fore, the Council of this State do claim you as their Prisoner, and expect that you will repair to this place, and surrender yourself in consequence of your parole; or if it shall be more agreeable to Your Excellency to procure us, in exchange, our friends Colo Elbert, Major Habersham and any other of our friends who are now prisoners to the British Army, as may be equal to a person of your Excellency's Rank.
By order of the Executive Council of the State of Georgia I have the honor to be &C.
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THE REVOLUTIONARY RECORDS
Augusta Deceniber 3ª 1779.
On this day the Executive Council, appointed by the Honor- able the House of Assembly, informed his honor the Governor, that they had proceeded to the choice of a President; And that the honorable Richard Howley Esq' was unanimously elected.
The following Gentlemen attended as Members of the Execu- tive Council for the following Counties in this State.
Richard Howley, John Hardy. Liberty County. John Bilboe, Effingham County. John Twiggs, Burke County. Robert Middleton, Richmond County.
Stephen Heard, Wilkes County.
A resolution of the Honorable House of Assembly was laid before the Board, by His Honor the Governor respecting the reduction of the Continental Troops belonging to this State.
ORDERED-That the Sec' to this Board do transmit a copy of the said resolution to Brigadier General Elbert and request his answer to the same by the meeting of the Board to-morrow.
Another resolution was likewise laid before the Board respect- ing a sum of five hundred thousand dollars in the hands of Major General Lincoln and Joseph Clay Esq' received by them from Congress, for the use of this State.
RESOLVED, That His Honor the Governor be requested to write to the Honorable Major General Lincoln and Joseph Clay Esq' requiring a delivery of the said sum to be applied to such uses as the constitutional authority shall direct, and that he do appoint a proper person or persons to receive the same.
Another resolution was likewise laid before the Board respect- ing one hundred thousand dollars lent Joseph Clay Esq' Dep'
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MINUTES OF THE EXECUTIVE COUNCIL.
Pay Master General by the former Legislature of this State, for the use of the Continental Troops, then doing duty therein.
RESOLVED That His Honor the Governor be requested to order the said Joseph Clay Dep' Pay Master General to return the said money so lent; and that he do appoint a proper person to receive the same.
Another resolution respecting the building of six Forts in Wilkes County.
RESOLVED, That His Honor the Governor be requested to write to the Commanding Officer of the Militia in Wilkes County to give every assistance in his power towards the building of the said Forts.
His Honor the Governor, laid before the Board two letters, the one from John Wereat Esq. to Humphry Wells, and this other from Humphry Wells to Colo Parker, charging Doct. Tay- lor as being an enemy to the State. The Governor informed the Board that he had issued orders to Co1 Middleton, to arrest the said Taylor, and have him confined in the main guard, he being a person, whose going at large, was dangerous to the safety of the State.
RESOLVED, That the Board do approve of the conduct of the Governor on this occasion.
ORDERED, That the Sec' do request Colº Parker to keep the said Doctor Taylor in custody untill the further order of this Board.
Another resolution respecting the raising of horse for the defence of the State.
WHEREAS, some doubts have arose concerning the allowance of pay to the said corps.
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THE REVOLUTIONARY RECORDS
RESOLVED, " That it is the opinion of the Board that the allow- ance of pay by the State is over and above the pay allowed by Congress to the Militia.
RESOLVED That this Board will make provision for the Clerk, as well for his present and future services, as for the paying up any arrears which shall appear to be due him for past services.
ORDERED, That the Sec' do endeavor to employ a Messenger to the Council.
By the information of James Jackson Esq' to the Board re- specting the conduct of Mrs. Eustace, and of several expressions made use of by her, when at Silver Bluff, and that Mr. Deveux could more particularly inform the Board as to the whole matter, was he called upon so to do,
ORDERED, That the Sec' do write to Mr. Deveaux requiring his attendance on the Board to-morrow morning.
The Board adjourned till to-morrow 10 O'Clock.
Thursday 8th Dec 1779.
The Board met
Present, His Honor the Governor,
Richard Howley
John Hardy
Rob' Middleton
Stephen Heard
John Bilboe
John Twiggs.
ORDERED, That the Sec' do write to Humphry Wells Esq' & member of this Board, and require his immediate attendance.
RESOLVED That the pay of the Messenger to this Board be twenty dollars per day.
The Board adjourned.
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MINUTES OF THE EXECUTIVE COUNCIL.
December 12th 1779.
The Board met
Present
His Honor the Governor
Richard Howley
Robert Middleton
John Hardy Stephen Heard
John Bilbo John Twiggs
WHEREAS, the Honorable House of Assembly of this State, on the twenty eighth day of November last, made and passed the following resolutions
In Assembly, Augusta November 28th 1779. .
WHEREAS, a variety of circumstances render it necessary that a reduction in the Continental line should be made, and that in the room of four battalions of infantry, and one regiment of light dragoons, which heretofore subsisted in this State, only one bat- talion of Infantry, and one regiment of Horse should henceforth be- the establishment of the same.
RESOLVED, That the said reduction do accordingly take place, and that only one battallion of Infantry and one regiment of Cavalry, be in future the Continental or Confederate establish- ment within this State and properly belonging to and known by the same.
AND WHEREAS, an humble address hath been made to the House, signed by a respectable number of officers, respecting the mode of officering the said regiments out of the number of the Officers which belonged to the Brigade of this State, heretofore, and have not resigned their Commissions; praying that the same may be by ballot among themselves; And that the House being
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willing to shew every attention to the merits of their former services,
RESOLVED, That His Honor the Governor and Executive Council, be requested to confer with, or write to, Brigadier Gen- eral Elbert on the subject, desiring that whatever mode of offi- cering the said two regiments from the line, may be thought most just by a respectable majority of the Officers of the Brigade, shall be carried into execution with all convenient expedition. And. that His Honor the Governor and Executive Council be recom- mended to make out Commissions accordingly, on a proper cer- tificate of the Commission which each Officer shall be entitled to,- under the mode of Election which they shall adopt.
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