The Revolutionary records of the State of Georgia, Volume II Pt 1, Part 6

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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ORDERED That the company of Horse patrol in the Town of Savannah do recommend some one of their company to the Governor as a fit person for a Captain in the room of Joseph Habersham Esquire who declines acting.


It being represented to this Board that there are a number of persons now lying in the Jail at Savannah, who, notwith- standing their having been taken and confined as prisoners of War, are under accusation of Treason.


It is ordered, That the Chief Justice do cause a report to be made to this Board by thursday next of the names of such of the said persons now confined in any of the Jails in Savannah as are under accusation or charge of Treason or any other offence, or against whom there is reasonable ground of suspicion that they fall under the said charge.


ORDERED, That the Treasurer pay to Samuel Slich Clerk of this Board two hundred and fifty pounds in part of his salary and other charges against the public.


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THE REVOLUTIONARY RECORDS


ORDERFD That the Treasurer pay to Mr. Fournier the sum of eight hundred pounds being the amount of an order drawn in his favor by the Govemor and lost by the said Fournier, upon his lodging good and sufficient security with the said Treasurer that the said order shall not hereafter be produced for payment. And it is further ordered that the Treasurer pay particular attention to this matter.


ORDERED That John Daniel Hammerer be appointed Vendue Master for the County of Chatham upon his giving good and sufficient security and otherwise complying with the act of As- sembly.


Tuesday 25th August 1778.


The Board met


' Present his Honor the Governor.


Richard Wylly John Lindsay


John Fulton John Keebler


Charles Kent.


ORDERED That the commanding Officer of the continental Troops in Savannah be informed that as it is apprehended the barracks without the Town are sufficiently finished to receive to receive the said Troops, it is the opinion of this Board and the earnest desire of the inhabitants of the Town, that the privates belonging to the said Troops be removed to the said barracks in particular that they be ordered out of the parsonage house which under the emergency of a former occasion was perverte.l from its original intention and turned into barracks.


WHEREAS, a certain sum of money being voted by the Honor- able the Continental Congress for the purpose of calling in, and redeeming the Treasury certificates of this State, a part thereof was brought in by Joseph Wood Esq' one of the delegates of


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MINUTES OF THE EXECUTIVE COUNCIL.


this State, and the Honorable the House of Assembly at their sitting ordered that the same shall be applied in paying off a fourth part of the said Treasury Certificates.


AND WHEREAS since that time another part of their said vote of Congress hath been brought in by Major Lucas sufficient as it is apprehended to pay off another fourth part of the said Treas- ury certificates, therefore


RESOLVED That the said sum of money brought in by the said Major Lucas and now lying in the Treasury of this State be applied towards discharging and paying off another fourth part of the said Treasury certificates according to the true intent and meaning of the said vote of Congress.


ORDERED, That all vacancies of officers in the Militia of this State be forthwith filled up by new elections and that from time to time as fast as elections shall happen a report be made to the Governor in order that Commissions may be made out.


It being suggested to this Board that Oliver Bowen Esq. hath signified his intention to the members of the Navy Poard by circular notes to them of leaving the State


It is Ordered, That the said Navy Board do require the said Oliver Bowen before his departure to make a full settlement with them of all the public accounts of the said Gallies since the time of the said Navy Board being instituted-And whereas prior to the institution of the said Navy Board certain sums of Money have been advanced by the Treasurer of this State for the use of the said Gallies, which still remain unsettled


It is Therefore Ordered That the said Navy Board do also procure a settlement of such accounts and that the Treasurer assist them in that business in order that the State may be furn- ished with proper vouchers so as to debit the continent with what is just and right.


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THE REVOLUTIONARY RECORDS


WHEREAS, notwithstanding the resolve of this Board on the third day of April last past; and the letter of Oliver Bowen Esq. to the Governor in answer to the same, disputes concerning the supreme command over the Gallies, do still exist; and the said Oliver Bowen hath in a late instance absolutely denied the au- thority of the State over him. And whereas, the Gallies at present appear in a condition no wise fit, from the want of men, and many other circumstances, to render service to this state in case of need; and it would be wrong that the public, for whose benefit the said Gallies were intended should be deprived thereof through the means of any one man. And whereas, some of the Officers of the said Gallies have lately applied to the Governor for their pay and the necessary supplies for the vessels under their immediate command respectively, and being sensible they hold their Commissions from this State, and that they were in- tended for the use and defence of it, do not pretend to question the authority of same over them.


It is Therefore Ordered, That the Captains or Commanding Officers of all the Gallies in the service of this State do attend this Board on Thursday next, and answer such questions as shall be put to them. And it is further ordered, that in case the said Captains or other Commanding Officer shall satisfy this Board of their disposition to obey the lawful commands of the State in future; proper provision as heretofore shall be made for theni; and as to the particular conduct of the said Oliver Bowen,


It is Ordered That the same be referred to the Honorable the House of Assembly at their next meeting, and that until such meeting, in order to avoid contest and injury to public service all orders from the Governor run immediately to the Captains themselves or other Commanding Officers of the said Gallies respectively.


WHEREAS, during the confusion which subsisted prior to the establishment of the present Constitution a practice obtained and which hath since continued of Marrying without license, security


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or publication of the bans as had been heretofore used in this State to the great abuse in many cases of that holy institution- Therefore


RESOLVED, That it be publickly notified in order that no Clergyman may plead ignorance/ that such practice is contrary to law, and that where the parties are disposed to marry with- out publication of the Banns, the Secretary of the State will be ready to receive bond, and apply to the Governor for license as hath heretofore been used in this State prior the revolution; that article not appearing to be in any wise altered by the present Constitution.


.A petition from a number of persons having been presented to the Board for the establishing Edward Welch in the printing business in Savannah,


It is Ordered That the said petition be referred to John Ful- ton and Charles Kent Esq' as a Committee who are to make enquiry concerning the said Welch and also in what manner Types and other utensils can be had for him; and to report their opinion upon the whole matter to this Board at their next sitting.


·


Wednesday 26th August 1778.


The Board met


Present his Honor the Governor


Richard Wylly John Keebler


John Fulton Charles Kent.


RESOLVED That a Flag of Truce be sent to Saint Augustine with the prisoners belonging to the enemy in the Towns of Sa- vannah and Sunbury; that the Sloop Rebecca belonging to the


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THE REVOLUTIONARY RECORDS


State, go as the said Flag of Truce -- that Charles Kent Esq' be the Officer thereof, and that Captain Job Pray go as Captain of the said Sloop.


WHEREAS, this Board did on the 15th Instant, order that the Chief Justice should make report to this Board which of the prisoners now confined in the Jail at Savannah and lately taken from Florida should be deemed Traitors or other criminals in order that it may appear which of them should on the other hand be deemed prisoners of War. And Whereas, the said report not having yet been made,


It is Ordered, that the Sheriff do attend the Chief Justice and be informed from him in conjunction with his associate Justices, if necessary, which of the said prisoners so confined ought to be deemed prisoners of War, and that he do deliver over all such to Charles Kent Esq' appointed Officer of the Flag now going to Saint Augustine, in order that they may be duly ex- changed.


RESOLVED, On the application of Hepworth Carter Esq. that leave be given to Mrs. Crughton to go in the said Flag of Truce; And that in regard to the Negroes she is desirous of carrying with her the same be referred to the trustees for forfeited estates for the County of Liberty, this Board not knowing whether the said Negroes do belong to her ---


ORDERED That it be notified to the Commanding Officer of the Continental Troops in this State, that by several expresses to the Governor it appears upwards of twenty persons have been killed in the Ceded lands by the Creek Indians on the ninth in- stant, and that from all appearances there is the greatest prob- ability of a rupture with those Indians.


ORDERED That the State Artillery be collected and taken charge of by Joseph Woodruff Esq: Captain of Artillery And


.


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MINUTES OF THE EXECUTIVE COUNCIL.


that the yard of the Council House be appropriated to the use of an Artillery park.


RESOLVED, that the militia through out this State ought to be embodied in consequence of the alarm from the Indians; and every Method, by scouting and other parties, taken to secure the inhabitants against their inroads-


Colo. Graves applied for a sum of money out of the Treasury for the Fort, Barracks, and other works in Sunbury.


ORDERED, that the said application be postponed until the meet- . ing of Assembly.


ORDERED, That the State of South Carolina be debited with six hundred pounds of Gun Powder, supplied the Captain of the Beaufort Gally belonging to that State, on her way upon the late expedition, which was promised to be returned by him, but has not been-


On the application of Joseph Clay Esq' Pay-Master for the Continental Troops in this State,


It is Ordered that the Treasurer do advance and and pay to him for the use of the said Troops £10,000 in further part of the vote of Assembly at their last sitting in Augusta and to be charged as a loan to the Continent.


Edward Davies Esq. attended the Board and laid before them the case of the Sloop Nancy, John Norris Commander, laden with rice and bound for Martinique at the time the late Embargo took place.


RESOLVED, that altho' it appears the case of the said Edward Davies is peculiar and hard, yet the Board do not find themselves at Liberty under the words or spirit of the resolution Congress to permit the said Sloop to carry out her cargo of rice.


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THE REVOLUTIONARY RECORDS


Thursday 27th August 1778.


The Board met


Present his Honor the Governor.


John Fulton Richard Wylly John Keebler.


Charles Kent


.


Pursuant to the order of this day John Hardy, Captain of the Congress Gally; John Braddoch, Captain of the Lee; and Jolin Newdigate of the Washington attended this Board, and several questions being put to them by the Governor, they gave perfect satisfaction in the same, and entered into an engagement to pay due obedience to the orders of this State; therefore,


RESOLVED, that this Board in behalf of the State will make suitable provision for the said Gallies agreeable to the intention of the Legislature, the spirit of their establishment, and the mean- ing of former resolves and orders of this board; and the Gov- ernor will give orders accordingly.


ORDERED, that Captain Braddock in the Lee Gally do as soon as possible repair to Sunbury and carry with her certain prisoners of War, with provisions and other matters which may be deliv- ered by Charles Kent Esq: for that place. And it is further


ORDERED, that the said Gally do afterwards remain stationed in the inlet for the defence of Sunbury Bar until otherwise or- dered.


ORDERED, That Thomas Maxwell Esq. who hath been forni- erly appointed by the House of Assembly a Captain in the Gally Service, do take command of the Bulloch Gally in the room of


Hatchet deceased, upon his subscribing the paper which hatil this day been signed by the other three Captains.


ORDERED, That the Treasurer do pay to Richard Gainer the


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MINUTES OF THE EXECUTIVE COUNCIL.


sum of ninety one pounds and two pence, being the amount of the pay-roll for Militia duty done by the Cherochee Hill Company under the command of the said Richard Gainer; and that the said Richard Gainer do accordingly pay off the said men.


-


Monday 31st August 1778.


The Board met


Present his. Honor the Governor


Richard Wylly


Charles Kent


Samuel Miller


John Fulton


John Keebler.


The Chief Justice having ageeable to order of the 26th instaut transmitted to the Board a list of the several persons now con- fined in Jail, and of his opinion on their cases whereby it appears he does not think any of them entitled to be considered as pris- oners of War, but that they are liable to be tried for Treason and other offences.


ORDERED, That the Sheriff of the County of Chatham do henceforth take charge of the said several persons, a list of whose names will be furnished him by the Clerk of this Board taken from the Chief Justices letter; And that he do retain ther in his custody as criminals until they shall be delivered by due course of law.


And it is Further Ordered, that it be strongly recommended to the said Sheriff to keep strict watch upon the said prisoners, who may become very dangerous if suffered to escape; And that he make application to the Commanding Officer of the Continen- tal Troops in Savannah for what he may deem a sufficient guard over them.


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THE REVOLUTIONARY RECORDS


ORDERED That the account of Charles MCKay keeper of the Magazine in Ebenezer amounting to £24. 19. o be paid by an order on the Treasurer. and that Lb. 5000. lead be sent up to Ebenezer and placed in the hands of the said Charles MCKay for public use when ordered by the Governor.


ORDERED, That the following letter be wrote by the Governor of this State, to the Governor of East-Florida, with the Flag of Truce now going to St. Augustine, to wit, (the letter not sent as first intended). And that the following be the form of the Flag to be carried which is to be made out by the Secretary, to be signed by the Governor, and to be under the great seal of this State; to wit,


STATE OF GEORGIA


By his honor John Houston Esquire Captain General and Commander in Chief of the State aforesaid.


To all whom it may concern, Greeting


KNow YE, that the Sloop Rebecca, being of the burthen of 100 tons or thereabouts, Virginia built and belonging to this State of which Job Pray Esq. is Commander is how bound on a voyage to Saint Augustine as a Flag of Truce, carrying prisoners of War the subjects of his Britanick Majesty to be exchanged for persons in the same condition the subjects of the United States of North America, or any of them and that Charles Kent and the said Job Pray Esq" go as officers of the said Flag and Vessel.


And further know ye, that the said vessel and all persons on board her are not to be molested on either side; but as a Flag of Truce are to have free liberty to pass to S' Augustine afore- said, and again as soon as the Officers shall judge fit, to return to Sanbury bringing back all such persons as may be delivered


.


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MINUTES OF THE EXECUTIVE COUNCIL,


by his Excellency Patrick Tonyn Esq. Governor of East Florida in return for those sent from this State.


Given under my hand and the great Seal of the said State of Georgia, at Savannah the 31st day of August 1778.


By his honors command


J. MELTON Sec


ORDERED, That the Trustees of forfeited estates foi Liberty County be directed to furnish Captain Braddock of the Lee Gally with six proper hands out of those formerly belonging to Mr. Porteous, And Captain Pray with four more out of the same gang, the former for the use of the Gally, and the latter for the Flag of Truce now going to S' Augustine; it being found im- possible to get white Seamen, the said Trustees taking receipts for the said Negroes to be kept in public service until otherwise . ordered .---


The alarming state of Affairs in the back Country requiring great exertions, and General Scriven having agreed to repair to Augusta to take command there


It is Ordered, on the application of the said General Scriven that a guard consisting of an officer and twelve men be raised for the space of three months unless sooner disbanded to attend the said General Scriven as a Body-Guard as it will be necessary for him to go at times along the frontier in places of great dan- ger.


And it is further ordered, that the pay of the said Officer be fifty dollars per month, and of the privates twenty dollars per month besides rations; and that General Scriven recommend the officer to be appointed to the Governor who will grant him a Commission accordingly.


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THE REVOLUTIONARY RECORDS


WHEREAS, The Honorable House of Assembly did order and direct that five independent Companies of men consisting of fifty privates each, under the command of Major Wilder, should be taken out of the two Minute Battalions and continued in the pay of this State.


AND WHEREAS, the said Major Wilder having been tried by a Court Martial and broke; and the State of the said five indc- pendant companies in such bad order, that this Board for certain reasons by them set forth, did by resolve, dated the fifth day of August last past disband the said five independant companies.


AND WHEREAS, the helpless and exposed situation of the State; the depredations daily committed by the Florida Scout; the alarming conduct of the Indians at the present time; and many other reasons make it absolutely necessary that some Troops should be kept up on the State establishment.


AND WHEREAS it is impossible to enlist Men upon the pay formerly allowed


It is therefore Ordered, that six companies of men consisting each of a Captain, two Lieutenants, two Sergeants and twenty privates be immediately raised, that is to say, one for each of the settled Counties within the state; that the Officers be commis- sioned by the Governor out of the said Counties respectively, and that the Officers and men be allowed the same rations and double the pay the minute men were, that altho' one Company is intended for each County, yet the Governor is to have power to order them where he thinks it necessary for the security of the whole, and the Captains are to rank No. 1. 2. 3. 4. 5 & 6. as the Gov- ernor shall Commission: the enlistment of the men to run · four months unless sooner disbanded; and those men who faith- fully serve out their tinie, or exert themselves in the service may be assured of the interest of this Board with the Assembly to allow them a generous bounty of land as well as of money.


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MINUTES OF THE EXECUTIVE COUNCIL.


WHEREAS, a number of men inimical to the measures of America, having gone off from this State and joined the enemy in East Florida, and are daily coming in Scouts or parties and robbing and plundering the inhabitants of the said State, of their Negroes and horses. And whereas, many of the said persons having left their wives and families on Ogechee in small huts or settlements, do means thereof procure always when they come in a secure Asylum, and gain every intelligence as manifestly ap- pears from late instances in the furtherance of their schemes. to the great injury of the good people of this State. And whereas, such persons to depend too much on the tenderness which is due to women and children, not reflecting that even humanity itself must yield to Necessity and the public good.


It is Therefore Resolved, That under the peculiar situation of


at this juncture there is a necessity for the families of such persons as have gone off to East Florida as aforesaid to be removed from the places on Ogechee which they now occupy, and from which they have so easy a communication with their hus- bands and afford them so great assistance and help in their plun- dering schenies.


And it is Accordingly Ordered, that a party of men be detached from Captain Gainers Company of Cherochee Hill, with orders to break up the settlements above described and to bring the women and children further in among the inhabitants and to settle them on some of the forfeited estates where reasonable provision will be made for them, and where they cannot hold any intercourse with their husbands, or others the enemies of this State or if such women and children shall be dissatisfied therewith, and shall so choose, then the said party is to conduct them to Sunbury and put them on board the Flag of Truce now going to St Augustine, and they are to be carried at public charge and left there.


A letter from John Murray Esq. a person named in the Bill


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THE REVOLUTIONARY RECORDS


of Attainder of this state the first day of March last past addressed to the Governor and 'acquainting him, that he the said John Murray had returned to this state, and also mention- ing other things, as by the said letter will appear, which was laid before the Board, by the Governor, who requested their opinion thereon


RESOLVED That the merits of the said application do not come properly before the Board or the Governor nor can any power, but the Legislative Body either reverse the attainder of the said John Murray or give him leave to return; and as the said John Murray hath notified his return in violation of the act above mentioned it is the duty of the Governor forthwith, to lodge the letter of the said John Murray with the Chief Justice who is to act as the law in such cases directs.


ORDERED, That the Clerk of this Board do immediately wait on the Chief Justice with the letter of the said John Murray before mentioned, and the certificate therein enclosed, as also the foregoing order.


The committee to whom was referred the petition of a number of inhabitants of this State respecting a Printer, brought in their report as follows,


(See report No. 2.)


OPDERED, That the said William Lancaster do attend this Board on Thursday next to shew cause why the Types and other printing utensils purchased by the public and intended for him, should not be again returned to the public at what they cost, the said William Lancaster not having complied with his engage- ments respecting the said Types and utensils.


The said William Lancaster attended the Board and desired to be heard immediately on the foregoing order.


ORDERED accordingly.


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MINUTES OF THE EXECUTIVE COUNCIL.


The said William Lancaster appeared and refused to give up the Types and utensils, voluntarily for Several reasons which he alledged.


ORDERED, That the matter be postponed for further consid- eration.


Tuesday Ist September 1778.


The Board met


t Present his honor


The Governor.


Richard Wylly John Fulton


Samuel Miller John Keebler


John MeLeur Esq' having applied to this Board for payment of an account of John Clements did in Continental Money agreeable to contract for working upon the Fort at Salters Island amounting to about three thousand dollars, the Board are of opinion that they have not a right to appropriate the continental money now in the Treasury, to that purpose, but do direct that the Treasurers retain in their hands the said sum of three thou- sand dollars until the meeting of Assembly, to whom it shall be referred whether to appropriate the same to the above purpose.


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THE REVOLUTIONARY RECORDS


Tuesday Sth September 1778.


The Board met


Present his honor


The Governor.


Richard Wylly John Lindsay


John Fulton John Keebler.


ORDERED, That Commissions be made out for the Officers of Wilkes County agreeable to a return made to this Board by Colo. John Dooly.


WHEREAS, the alarming situation of the Western frontiers renders it absolutely necessary that the Militia now on scouting duty in Wilkes County should be supplied with provisions during the time they are actually on duty,


RESOLVED, that Capt. James McLean be from this day appoint- ed Commissary for that purpose, and that he do supply them when on duty with rations according to law, upon which he shall be allowed a reasonable Commission; This appointment to last until the rising of the next House of Assembly or further orders to the contrary.


ORDERED. That the Treasurers do advance the said James Me- Lean five hundred pounds to enable him to comply with the fore- going resolve he to be accountable for the expenditure of the same and to give security to the Treasurers so to do, when called. upon


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MINUTES OF THE EXECUTIVE COUNCIL,


Friday II" September 1778.


The Board met


Present his honor


The Governor.


Richard Wylly John Fulton




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