The Revolutionary records of the State of Georgia, Volume II Pt 1, Part 13

Author: Candler, Allen Daniel, 1834-1910, ed; Georgia. General Assembly. cn
Publication date: 1908
Publisher: Atlanta, Ga., The Franklin-Turner Company
Number of Pages: 890


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An account of Samuel Sterk being presented to the Board, amounting to one thousand dollars,


RESOLVED, That His Honor the Governor be requested to draw on the Treasury for the said sum.


WHEREAS, there are a number of negroes in the custody of Mr. Robert Bonner, belonging (as it is said) to sundry disaf- fected persons who have joined the enemy.


ORDERED, That Messrs Deveaux, Davies & Cunningham be a committee to report to His Honor. the Governor and the Hon- orable the Executive Council, on Tuesday next, such information. as they shall receive touching the persons to whom they are said to belong.


The petition of Humphry Wells Jun', appointed by the Hon- orable the House of Assembly. Director General of hospitals in this State was laid before the Board & read.


ORDERED, That Mr. President, Mr. Lindsay and Mr. Bilbo be a committee to prepare instructions for the said Director Gen- eral, and report the same on Tuesday next.


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206


THE REVOLUTIONARY RECORDS


The Board met


January 29th 1780.


Present


His Honor the Governor


The President


John Lindsay


Myrick Davies John Bilbo,


John Cunningham


WHEREAS, on the information of Sarah Dunn, it appears sev- eral gross violations of both public order and law, have been com- mitted by Ignatius Few and .... Aspey; And to the end of promoting public Justice, the only support and security of all public rights which the citizens of the State are entitled to, until the same becomes forfeited by a regular and due course of law.


RESOLVED, That every attempt made, or to be made by in- dividuals, to invade the property or rights of any of the citizens of this State, without being legally authorized to do the same, tends to the destroying and overturning of the laws which alone can give security and freedom to the inhabitants.


ORDERED, That if any person or persons shall without law- ful authority, take away, molest or disturb the property or any part thereof, belonging to Sarah Dunn, or her children he shall be considered a violator of the laws of this State.


ORDERED, That Ignatius Few and .... Aspey do forthwith restore unto the said Sarah Dunn all the property which they have taken from her.


ORDERED, That the said Ignatius Few and .... Aspey do attend this Board on Friday the fourth day of February next.


207


MINUTES OF THE EXECUTIVE COUNCIL.


The Board met


February Ist 1780


Present


His Honor the President


John Cunningham Peter Deveaux


Humphry Wells John Bilbo,


Myrick Davies Daniel McMurphy John Lindsay


The Board being informed that Major


RESOLVED, That His Honor the Governor be requested and empowered to write to; and send off an express to Joseph Clay Esq' Deputy Pay Master General, for the States of South Caro- lina and Georgia; and authorize some person to receive the sum of five hundred and ninety seven thousand dollars Monies of this State, in his hands.


The following letter was sent to Joseph Clay Esq' Deputy Pay Master General for the States of South Carolina and Geor- gia.


Augusta Ist February 1780.


SIR,


Your letter of the .... ultimo informing that the public monies in your hands were ready to be paid to the order of Government, could not fail giving satisfaction, as the safety and welfare of the State were dependent upon it ;


I have therefore, taken instant measures to have the same brought up; and do request you will pay the sum of five hun -. dred and ninety seven Thousand dollars to John Hardy Esq'


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THE REVOLUTIONARY RECORDS


one of the Treasurers, whose receipt, and this order, shall be your sufficient discharge for that sum.


I am Your Ob Servt


JOSEPH CLAY Esq" Deputy Pay Master Genl


The Board being informed that Major General Lincoln had given orders for the removal of the confederal Troops out of the State, and also, that Brigadier General Williamson is about collecting the Militia of his Brigade for the defence of the West- ern frontiers. And whereas, the enemy being reinforced in this State, and the same much exposed to ravage and depredation; And the Militia thereof not being collected,


RESOLVED, That His Honor the Governor be requested tc write to Brigadier General Williamson, and request that he will move his Brigade into this State, as soon as possible, where the common defence will be more certainly effected.


RESOLVED, That a copy of the foregoing resolution be furn- ished to Colº Parker, and that he be requested not to move all the Virginia Troops out of this State until His Honor the Gov. ernor shall hear from Brigadier General Williamson. And also that he be informed, that as this Board deem such delay neces- sary for the safety of this State, he shall be indemnified for the same.


RESOLVED, That His Honor the Governor be requested to issue his proclamation for calling out and embodying the militia of the State; and directing such other measures as may be most conducive to the public safety.


WHEREAS, from the events of war, it may so happen, that the Ministers of Government of this State, might not be able to do or transact the business of the State within the limits of the same. Therefore,


209


MINUTES OF THE EXECUTIVE COUNCIL.


RESOLVED unanimously, that His Honor the Governor, or in his absence the President & Executive Council, may do, and transact all and every business of Government, in as full, ample and authoritative manner, in any other State within the con- federation, touching and respecting this State, as tho' it had been done and transacted within the limits of the State.


Messrs Deveaux. Cunningham and Davis, the Committee ap- pointed to report to the Board, the property of some negroes (touching the persons to whom they are said to belong) in the hands of Mr. Robert Bonner


The Committee report,


- That a negroe man named Tom, is the property of James Story, now with the enemy, and a wench named Charity, with three children, the property of John Mathews, which said ne- groes, your Committee are of opinion ought to be sold at pub- lic auction for the benefit of the State.


ORDERED, That the said negroes be sold at public auction to- morrow at twelve O'Clock, for cash only; and that Messrs Cun- ningham and Davis superintend the sale. And in case it should appear at a future day that they are private property and belong to a friend, of these States, that the Treasury pay the amount of the money to such friendly citizens of these States.


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210


THE REVOLUTIONARY RECORDS


February 2nd 1780.


The Board met


Present


His Honor the Governor


Delegate Honbl. Colº Walton


Daniel MeMurphy


John Lindsay


John Cunningham


Peter Deveaux


Myrick Davis


Humphry Wells John Bilbo.


The following proclamation was issued by His Honor the Govemor,


By His Honor Richard Howley Esq. Captain General, Gov- ernor and Commander in Chief of the said State.


A PROCLAMATION


WHEREAS, by information made before the Council it appears that the British Troops in Savannah have received a reinforce- ment from New York; To the end therefore, that the good peo- ple of this State may have notice of the same, and that proper exertions may be made for repelling the common enemy of our rights and liberties; who thro' the bravery and fortitude of our fellow citizens in the Northern States, have been compelled to flee from thence and are now attempting to wreak the effects of their disappointment and malice on this State, as also our Sister State Carolina, notwithstanding the various demonstrations of providence exhibited in our behalf, and tending to shew the un- righteousness of their cause.


I do therefore, with the advice and consent of the Honbl. the Executive Council, issue this, my proclamation commanding and requiring the good people of this State to stand firm to their


211


MINUTES OF THE EXECUTIVE COUNCIL.


duty, and exert themselves in support and defence of the great and glorious independency of the United States; and also to re- member with gratitude to Heaven, that the almighty ruler of all human affairs hath been pleased to raise up the spirit and might of the two greatest powers in the World, (France and Spain) to join with them and oppose and destroy the persecutor of their liberties and immunities


Given under my hand, and the great Seal of the said State, at Augusta, the second day of February, in the Year of our Lord, one thousand, seven hundred and eighty; and in the fourth year of the independence of North America. ,


By His Honors command


RICH' HOWLEY


SAM' STERK Sec'


February 3ª 1780.


The Board met


Present


His Honor the Govemor


Honbl. Colº Walton


Humphry Wells


Myrick Davis.


John Lindsay John Cunningham


WHEREAS, it is not only our duty, but the common safety re- quires that every exertion should be made against the enemy.


RESOLVED therefore, That His Honor the Governor be request-


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THE REVOLUTIONARY RECORDS


ed to issue orders for embodying one half the Militia of this State immediately; and that the same rendezvous at Augusta, or any other place which he shall direct.


RESOLVED also, that it be further recommended to His Honor the Governor, to give directions to Col. Twiggs to get as many of the men belonging to his regiment and the separate companies under his command as well as Volunteers and take post at Au- gusta; and that the barracks lately occupied by Colº Parker, be kept to receive thein.


WHEREAS, Major General Lincoln, notwithstanding various and repeated applications, remonstrances and solicitations; and notwithstanding the most positive, certain and unquestionable in- formation that the enemy were strongly reinforced in this State. and a perfect knowledge of the extent frontier and exposed sit- uation of it, has removed the Confederal Troops out of the same.


RESOLVED therefore, that the said Major General Lincoln, stands answerable, for all the consequences which may follow that unadvised measure.


AND WHEREAS, the inhabitants of this State, not being em- bodied, and from the distant habitations it cannot be done imme- diately, and the Confederate Officers now leaving this State,- Being of opinion that the Town of Augusta, the present Seat of Government may be surprized by twenty men; by which the Members of Government might be Massecred or captured; and it being thence unsafe and impolitic for the Governor and Council to remain thus exposed; And it being therefore necessary that a place should be pointed out in time for their meeting in some other State or place,


RESOLVED therefore, that Herds Fort, in Wilkes County, be the place of meeting for transacting the business of the Govern- nient of this State, as soon after the leaving Augusta as may be.


MINUTES OF THE EXECUTIVE COUNCIL. 213


AND WHEREAS, the Confederal Troops in this department may be thrown into the Garrison of Charleston contrary to the well known and uniform place of opposition by the United States to the British Arms and contrary to the sence of this Board,


RESOLVED therefore, that in the judgement of this Board, that the min of the Southern Army depends upon this measure.


AND WHEREAS, it is necessary that a public enquiry should be made into the cause of such known and probable mischiefs.


RESOLVED therefore, that the Delegates for this State be re- quested and directed to proceed forthwith to Congress, and pro- mote by every means in their power such enquiry, as well for the satisfaction and information of the good people of this State, as of the United States.


February 5th 1780.


The Board met


Present


His Honor the Governor


Mr. President


John Lindsay


John Bilbo.


John Cunningham


Daniel MeMurphy


Myrick Davis


WHEREAS, the Board on the third instant resolved that when it should be necessary to remove the Seat of Government, the same should be adjourned to Herds Fort in the County of Wilkes ; And whereas, the necessity of such adjournment now exists and evidently appears,


RESOLVED therefore, that this Board be and stand adjourned


214


THE REVOLUTIONARY RECORDS


to the said Heards Fort in the County of Wilkes in this State, for the transacting of business, and the execution of the laws of the sam:e.


AND WHEREAS, the late General Assembly of this State, on the Eleventh day of January last


RESOLVED. House of Assembly Jan' II. 1780.


· RESOLVED therefore, that it is now the clearest, unanimous and most decided sence of this Board, that His Honor the Governor should go, as soon as possible to Congress, agreeable to the intent of the said resolution.


RESOLVED also unanimously, that the Honorable George Wells Esq' the President, with the members of this Board, are fully competent to the transaction of all public business, as effectually as tho' the Governor was in the State.


ORDERED, That Samuel Sterk Esq. be appointed one of the signers to the money of the emission of the fourth of May 1773. And that he be allowed for his trouble, two and half per cent. .


February 8th 1780.


The Board met


Present


His Honor the Governor


Mr. President John Bilbo.


John Lindsay John Cunningham


Myrick Davis.


George Seigar Esq. waited on the Board and qualified as


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MINUTES OF THE EXECUTIVE COUNCIL.


Register of Probates for the County of Richmond. He also quali- fied at the same time as Deputy Surveyor General for the said State.


WHEREAS, Negroes and other property belonging to persons in arms against the United States, were taken during the Seige of Savannah.


ORDERED, That the same be sold, giving at least fifteen days notice, for the benefit of the men then on duty under the Command of Colº John Dooly.


WHEREAS, it has been represented to the Board by Colonel John Dooly that a number of men may be had from the State of South Carolina to Garrison two forts upon the western frontiers of this State; provided they were not compelled to do any other duty,


ORDERED, That the said Colonel John Dooly do appoint the Officers for two Companies, and that they be allowed two dollars per day exclusive of the Continental pay and rations.


February 10th 1780.


The Board met


Present


His Honor the Governor


Mr. President


John Lindsay


John Heard Myrick Davis.


D. M.Murphy John Bilbo


A petition of a number of the inhabitants of the upper bat- talion of Richmond County being laid before the Board, praying


216 THE REVOLUTIONARY RECORDS


that a new election of Officers for the said battalion should im- mediately take place.


ORDERED, That William Candler, Robert Jones, David Rob- ertson. Nathan Harris, James Oliver and James Cone do attend this Board on Thursday the seventeenth instant to make known their objections against the Officers now in command and offer reasons, if any, in support of their petition.


ORDERED, That the Treasurers receive from Colonel Farret the sum of two thousand, two hundred and seventeen pounds, seventeen shillings and one penny, Georgia currency, the same being due from him to this State, for sundry negroes purchased at the sales of the confiscated estates & give him a sufficient re- ceipt for the same.


ORDERED, That William Hammett return to the widows Whatley, one hundred and ninety nine bushels and half of corn, which was taken from them by the said Hammett for public use.


His Honor the Governor drew orders on His Excellency Sam ?- uel Huntington Esq; President of Congress, in favor of the foi- lowing persons, who were appointed, by the Honbl. House of Assembly, Delegates for this State.


Honble. Col. Walton, ten thousand dollars.


Honble. Edward Telfair, Esq. ten thousand dollars


Honble. We Few Esq. ten thousand dollars


Also orders upon the Treasury of this State for the following sums.


Honble. Col. Walton, twenty thousand dollars.


Honble. Edward Telfair Esq. twenty thousand dollars Honble. I'm Few Esq. twenty thousand dollars.


..


217


MINUTES OF THE EXECUTIVE COUNCIL.


An order was drawn on the Treasury by His Honor the Gov- ernor in favor of Samuel Sterk for the following sums viz;


For one thousand dollars for signing and taking up the recon- ciliation money, as appears by the certificate of Jantes Haber- sham and Humphry Wells, the Committee appointed by the Hon- orable House of Assembly.


Also for four hundred dollars, in full for his services to the late Government, as appears by the certificate of the Honorable . Col. Walton.


The Committee appointed to superintend the sale of the negroes in the possession of Robert Bonner, belonging (as it is said) to persons who have joined the enemy, do report thereon,


That a negroe wench and two children, late property of John Watkins, were sold at public sale to Daniel McMurphy for 7055 dollars; and a negroe man to Jnº Cunningham for 3230.


February IIth 1780.


-


The Board met


Present


His Honor the Governor -


Mr. President


John Lindsay


Stephen Heard John Bilbo


Humphry Wells Myrick Davis.


WHEREAS, it has been represented to the Board, by John Sills, that he has been illegally deprived of seven cows and calves, by Ignatius Few, and four cows and calves by John Bates


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THE REVOLUTIONARY RECORDS


RESOLVED, That the said Ignatius Few and John Bates do instantly restore the said cattle together with the bills of Sale, to the said John Sills, and that it be recommended to the Attorney General, to prosecute such illegal acts.


WHEREAS, it has been represented to the Board by John Sills, that he has been illegally deprived of a negoe girl and a ten pound note, extorted from him by Thomas Ashby, under pretext of payment for a horse lost, or pretended to be lost, by the said Ashby.


RESOLVED unanimously, that the said Thomas Ashby do in- stantly restore the.said negroe girl, together with the bill of Sale therefor ; and the said note, to the said John Sills; and that it be recommended to the Attorney General to prosecute such illegal acts.


An order was drawn on the Treasury in favor of John Lindsay Esq. for two thousand, eight hundred and fifty dollars, for sub- sistence as a prisoner from the first January 1779. to the eighteen October 1779. at three hundred dollars per month.


February 12th 1780.


,


The Board met


Present


His Honor the Governor


1


Stephen Heard


John Lindsay


John Cunningham


Myrick Davis.


RESOLVED, That a Nolli prosequi do issue to the Attorney General on the informations against Andrew MeLean Esq. to stay all further proceedings against him on the said informations.


219


MINUTES OF THE EXECUTIVE COUNCIL.


RESOLVED, That His Honor the Governor be requested to appoint a proper person to proceed to Charleston and purchase there one thousand bushels of salt for public use, and to store the same in such secure place as he may direct.


RESOLVED, That His Honor the Governor be requested to ap- point a proper person to purchase one hundred and fifty pair of pistols, and one hundred and fifty swords for the use of this State.


.. RESOLVED, That the owners of such waggons and teams as may be in future taken into the service of this State be allowel for the hire thereof, twelve dollars and one third per day, and the accustomed allowance of forage for their horses; and that each driver be allowed two dollars per day and one ration.


And that such of the poor Militia men, doing duty in the mili- tia of this State, who shall faithfully serve the term out, for which they may be drafted shall, on producing a certificate there- of from their Commanding Officer, be entitled to one bushel of salt over and above their pay.


ORDERED, That a dedimus do issue to Col' William Downes, for qualifying the Sheriff and all other Officers in Wilkes County; and return the same to this Board as soon as convenient, with an account of his proceedings thereon.


RESOLVED, That Mr. Edmund Bugg be allowed at the rate of ten dollars per bushel for any corn furnished by him hereto- fore to the Continental Commissary of forage and at the rate of twenty dollars per hundred for corn blades; it appearing to the Board that the prices allowed by the Assembly were too low, and would be a great hardship and distress on him.


220 .


THE REVOLUTIONARY RECORDS


Monday 14th Feb 1780.


The Board met


Present


Mr. President


Stephen Heard John Bilbo


John Cunningham Humphry Wells


Myrick Davis.


WHEREAS, a caveat, John Dooly against Thomas Lee, was heretofore determined respecting a tract of land in Wilkes County, and an order passed to dispossess the said Dooly, and put the said Lee in full possession thereof


AND WHEREAS, it appears that the said John Dooly still holds forcible possession of the said land.


ORDERED, That Benj" Catchings, WV" Downes and John Go- ram Esqrs do issue process for putting the said Thomas Lee in possession of his land; and that they call Lieutenant Colº Elijan Clark to enforce this order with the Militia of Wilkes County, or such part as may be deemed necessary, that are not on marching orders.


· ORDERED, That the Treasurers do receive from James Jack- son and Samuel Sterk Esq' a sum of Georgia money in their hands belonging to the State, and ordered to be by them signed agreeable to law.


.


221


MINUTES OF THE EXECUTIVE COUNCIL.


Tuesday 15th Feb 1780.


The Board met


Present


His Honor the President


John Cunningham Myrick Davies.


Stephen Heard


WHEREAS, it appears to the Board from information that Au . gustine Banyers of Augusta in the State of Georgia, hath lost a negroe man slave named Sam, which he supposes and believes to be in the State of South Carolina,


RESOLVED, That His Honor the President be requested to give the said Augustin Banyers every assistance in his power for the recovery of the said slave.


Wednesday 16th 1780.


The Honorable Stephen Heard, John Cunningham and John Bilbo proceeded to the choice of a President pro tempore, on ac- count of the death of the Honorable George Wells; when the Honble. Humphry Wells Esq. was unanimously elected.


RESOLVED, that the President and Members of this Board will attend the funeral of the late President at two O'Clock to-morrow.


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THE REVOLUTIONARY RECORDS


Thursday 17th Feb' 1780.


The Board met


Present


His Honor


Humphry Wells Esq. President


John Cunningham Stephen Heard John Bilbo


WHEREAS, it appears from information made to this Board that the late Honble. George Wells Esq. did depart this life un- timely and on such a sudden that he had no opportunity of set- tling any of his worldly affairs, which may be a cause, unless by some means prevented, of his just creditors suffering thereby.


RESOLVED, therefore, that Humphry Wells Esq. be hereby empowered to take into his possession all the estate belonging to the said George Wells, until a proper administration can be had thereon.


Friday 18th Feb' 1780.


The Board met


Present


His Honor the Governor


-


Jnº Cunningham


Stephen Heard


John Lindsay Myrick Davis.


The Board proceeded to the choice of a President in the room


223


MINUTES OF THE EXECUTIVE COUNCIL.


of the Honorable George Wells Esq. deceased, when it appeared tisat the Honorable Stephen Heard Esq. was appointed to fill that station for the remainder of the year.


Tuesday 22™ª 1780.


The Board met


Present


Mr. President Myrick Davis. John Cunningham


John Lindsay


John Bilbo


A petition of Thomas Lee was presented to the Board setting forth, that having received an order of Council dated 14th Feb' 1780. as well as an order of the Council of 1778. for dispossessing Colo. John Dooly of a certain tract of land in Wilkes County, and that the works was properly returned into the office, in order that a grant might pass to him for the same, and that the papers, falling into the hands of the enemy, belonging to that office, has been the means of depriving him of it-


ORDERED, That the prayer of the same be granted and that Colo. William Downes and John Graham Esqrs. do resurvey the said tract of land and return a plat thereof into the proper Office ; and that the said resurvey be made agreeable to the original Survey.


WHEREAS, it has been represented to the Board- by Mary Young, that she has been illegally deprived of the following ne- groes, viz, Hannah and her two Children, by John Garnet, Wil- liam Lucas and Ephraim Darling, and that they were carried by the said persons into South Carolina,


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THE REVOLUTIONARY RECORDS


RESOLVED, That the Honorable Brigadier General William- son be requested to give the said Mary Young every assistance in his power for the recovery of her said negroes.


February 25th 1780.


The Board met


,


Present


His Honor the Governor


Mr. President Myrick Davis John Bilbo


John Lindsay John Cunningham


RESOLVED, That the following rules be adopted for the gov- ernment of the Executive Council.


First-That for the dispatching all business of an Executive nature, the Council meet on every Tuesday and Friday unless in cases of emergency, when the Governor or President may at any time summon a Council to meet immediately; that one member from each County stay in or near Town in rotation as the Con- stitution directs.


Second-That for the ease of the members of Council, while the Legislature sits, two of the said Members meet every day in rotation, and attend regularly, during the hours the Assembly sits, in the Council room for the purposes of the receiving bills and Messages sent to them by the Assembly; that the said Mem- bers lay all matters so received by them, before the Board on the days of their meeting; and that the Board immediately or within five days from the time of their being received return an answer to the Assembly.




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