USA > Georgia > The Revolutionary records of the State of Georgia, Volume II Pt 1 > Part 9
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Issued orders for one Delegate to be chosen to represent us in Congress, as per copy taken. .
Monday June 28. The Council met.
Made out a proclamation for property taken in this State by individuals, to bring and deliver the same to Peter Parriss in Augusta, who is appointed to receive it, and take care of it till further orders; As per Copy taken.
John Graham and Thomas Carter. Gentlemen from the County of Wilkes, attended and was qualified as Magistrates for the said County.
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THE REVOLUTIONARY RECORDS
Tuesday June 29. The Council met.
George Walton and Dionsious Oliver, Gentlemen from the County of Wilkes, attended and was qualified as Magistrates for the said County.
. Thursday July Ist The Council met.
Took into consideration a letter from Colo Dooly, and the proceedings of a Court of Enquiry held at Butlers Creek on the 30th day of June last, enquiring into the conduct of Colº George Wells: and maturely considering the matter, it appears by the first article, Section .17th of the Continental Articles of war; also by the expres's words of the late Militia Act of this State, which refers to the continental articles of war for the rule of conduct to govern the militia by, when on duty: that that matter does in no wise come before this Board.
ORDERED, That George Walton, Thomas Carter. John Gra- ham & Dionisious Oliver, Gent. or any two of them do superin- tend an election to be held at or near Spirit Creek, on the Second July, for the choice of one Delegate to represent this State in Congress, agreeable to an order heretofore made, and make a return thereof.
Made out and delivered a Captains Commission for Moody Burt, bearing date the twenty sixth day of January last, for the Augusta upper Company.
Sunday July 4th The Council met and made out a Lieutenant Colonels Commission for William Few Esq. of the upper regi- ment, in Richmond County.
MINUTES OF THE EXECUTIVE COUNCIL. 141
Saturday July 10. The Council met and wrote a letter to the Honorable the President of the Continental Congress, informing hin of our present State; likewise another to Genl. Lincoln as per copies taken. )
STATE OF GEORGIA RICHMOND COUNTY }
WHEREAS, from the invasion of the British forces in this State, great evils have arisen, and still exist to disturb the civil govern- ment of the said State, and which, in a great measure, have pre- vented the Constitution of the land, from being carried into such full effect as to answer the purposes of government therein pointed out. And Whereas, it becomes incumbent and indis- pensably necessary at this juncture to adopt such temporary mode as may be most conducive to the welfare, happiness and security of the rights and privileges of the good people of the said State, and the maintenance and existence of legal and effec- tive authority in the same, as far as the exigence of affairs require; until a time of less disquiet shall happen and the Con- stitution take its regular course,-To the end therefore, that gov- ernment may prevail and be acknowledged, to prevent as far as may be, anarchy and confusion from continuing among us, and fully to support the laws of the land derived under the Constitu- tion thereof,
We therefore, the Representatives of the people of the Coun- ties of Wilkes, Richmond, Burke, Effingham, Chatham. Liberty, Glynn and Camden and other free men of the State, having con- vened and met in the County of Richmond, in the State aforesaid, for the purposes of considering the present disturbed situation of this State; and for applying as far as in our power some remedy thereto, and having maturely and seriously considered the same, do recommend that the following persons be appointed by the good people of this State to exercise the supreme authority there- of, who shall before they enter on the execution of their Office
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· take the following Oath, vz. I, A. B. elected one of the Supreme Executive Council of the State of Georgia, do solemnly swear, that I will during the term of my appointment to the best of my skill and judgment, execute the said office faithfully and consci- entiously without favor, affection or partiality; that I will to the utmost of my power, support, maintain and defend the State of Georgia, and use my utmost endeavours to support the people thereof, in the secure enjoyment of their just rights, and privi- ledges ; and that I will to the best of my judgement execute justice in mercy in all judgements- So help me God.
And we and each of us, on our parts, as free citizens of the State of Georgia aforesaid : do for ourselves nominate, authorize empower and require you, John Wereat, Joseph Clay, Joseph Hab- ersham, Humphry Wells, William Few, John Dooly, Seth John Cuthbert, William Gibbons Sen' and Myrick Davies Esquires, or a majority of you to act as the Executive or Supreme Council of this State and to execute from Tuesday the twenty seventh in- stant to the first Tuesday in January next, unless sooner revoked by a majority of the freemen of this State; every such power as you the said John Wereat, Joseph Clay, Joseph Habersham, Humphry Wells, William Few, John Dooly, Seth John Cuth- bert, William Gibbons Sent- and Myrick Davies Esquires or a majority of you shall deem necessary for the safety and defence of the State and the good citizens thereof; taking care in all your proceedings to keep as near the spirit and meaning of the Constitution of the said State as may be. And you the said John Wereat, Joseph Clay, Joseph Habersham, Humphry Wells, Wil- liam Few, John Dooly, Seth John Cuthbert, William Gibbons sen. and Myrick Davies Esquires or a Majority of you, hereby have full power and authority, and are authorized, empowered and required, to elect fit and discreet persons to represent this State in Congress; and to instruct the Delegates so chosen, in such matters and things as will tend to the interest of this State in particular, and the United States of America in general: the
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MINUTES OF THE EXECUTIVE COUNCIL.
said delegates taking care from time to time to transmit to you the said Council or other authority of the state, for the tinie being, an account of their proceedings in Congress aforesaid; to regulate the public Treasury of the said State; to borrow or otherwise negociate loans for the public safety; to regulate the militia, and appoint an Officer, if necessary, to Command; to appoint, suspend and discharge all civil officers if it shall be found expedient; to demand an account of all expenditures of public money; and to regulate the same, and when necessary, order payments of money; to adopt some mode respecting the current money of this State and for sinking the same; to direct and com- missionate the Chief Justice of the State or Assistant Justices, o; other Justices of the peace and other officers of each County, to convene Courts for the trial of offences cognizable by the laws of the land, in such place or places as you shall think fit, always tak- ing care that trial by Jury be preserved inviolate, and that the pro- ceedings had before such Courts be in a summary way, so that of- fenders be brought to a speedy trial and justice be amply done, as well to the State as to the individuals. You, or a majority of you, the said Council have full power and hereby are requested on conviction of Offenders to order punishment to be inflicted ex- tending to death; And when objects deserving Mercy shall be made known to you, to extend that mercy and pardon the offence ; Remit all fines, Mitigate corporal punishments, as the case may be, and as to you, or a Majority of you shall seem fit and neces- sary. And you the said Council or a majority of you at all times and places when and where you shall think fit, have hereby full power and competent authority to meet, appoint your own Presi- dent; settle your own rules; set, consult, deliberate, advise, direct and carry into execution, all and every act, special and general, hereby delegated to you, and all and every such other acts, meas- ures and things as you or a Majority of you shall find expedient and necessary for the Welfare, safety and happiness of the free- men of this State.
144 THE REVOLUTIONARY RECORDS
And in case any of the persons herein appointed to exercise the supreme authority as aforesaid, shall refuse to act, die, or depart this State, or shall by any other means be prevented from exercising the same, then, and in such case, you, the said Council hereby chosen, or a majority of you shall, and you are hereby authorized, empowered and required to fill up such vacancies by choosing other fit and discreet person or persons to act in his or their room and stead, which person or persons so chosen is or are hereby invested with every power and authority in as full and ample a manner as if they had been appointed by this present in- strument in writing.
And we do hereby declare all officers, civil and military, and all persons inhabitants of this State, subject to and amena- ble to your authority; and will ratify and confirm whatever you may do for, or concerning the public weal, according to the best of your judgement, knowledge and ability; And further we do hereby promise you our support, protection and countenance.
In witness whereof, we have hereunto set our hands this twenty fourth day of July in the year of Our Lord 1779.
Augusta, Saturday 24th July 1779.
The Supreme Executive Council this day appointed by the Representatives of the people, and consisting of the following persons, viz, John Wereat, Humphry Wells, Joseph Clay, Jo- seph Habershamn. Myrick Davis, John Dooly, William Gibbons, William Few, and Seth John Cuthbert Esquires met at the house of M' John Wilson at four O'Clock in the afternoon, all the mem- bers being present, except Mr. Wereat.
Motion was made and seconded that John Wereat Esquire be appointed President of the Board, but this being objected to
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MINUTES OF THE EXECUTIVE COUNCIL.
by some of the members, by reason of Mr. Wereats absence, and the uncertainty on this account, of his accepting the appointment; the motion was waved for the present and another substituted that Seth John Cuthbert Esquire be appointed President pro tempore; which was unanimously agreed to, and he took his seat accordingly.
On Motion, the Board was adjourned to Tuesday the 3ª of August next.
Tuesday 3ª August 1779. .
The Supreme Executive Council met at the Church, according to adjournment.
Present
Seth John Cuthbert, President pro. tem.
William Gibbons
John Wereat
Humphry Wells Myrick Davies
It appearing to the Board that several matters of the greatest importance are necessary to be taken into the most serious con- sideration, and which require the deliberations of a full - Board, and that the present members being but a mere majority and con- sequently but just eligible to proceed to business; it was unani- mously agreed to adjourn to Thursday next at 10. O'Clock in the morning, and the Board was adjourned accordingly.
10 r r-vol 2 --
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THE REVOLUTIONARY RECORDS
Thursday 5th August 1779.
The Council met according to adjournment but there not being a sufficient number of Members to make a Board, they adjourned to to-morrow 10 O'Clock.
Friday, August 6th 1779.
The Council met according to adjournment
Present, Seth John Cuthbert
......
John Wereate William Gibbons Sen'
John Dooly Humphry Wells Esqre
William Few
A return being made by Colo. Dooly, of the Free Citizens from Wilkes County, Who signed the delegation of the late House of . Assembly from that County. It appeared that there were three hundred and three, who signed the same.
Motion being made for choosing a President. When Mr. Wereat being unanimously chosen President of the Supreme Executive Council; having first taken the oath prescribed in the delegation took his seat accordingly.
The other Members of the Supreme Executive Council being present, having likewise taken the oath as prescribed in the dele- gation took their seats at the Board accordingly.
Motion was made that the Clerk of the Council do take the following oath, of Office, which was unanimously agreed to, and it was administered accordingly viz, I, A. B. do solemnly swear, that I will execute the office of Clerk of the Supreme Executive
147
MINUTES OF THE EXECUTIVE COUNCIL.
Council of the State of Georgia, faithfully and conscientiously to the best of my skill and judgement; and that I will neither directly or indirectly divulge or make known to any person whatsoever, not being a member of the Council, the secrets of the said Council.
Motion was made that those offenders, now in custody, be brought to trial.
ORDERED, That a Court be held in the County of Wilkes at Jacob M'Lendons in said County, on monday the 16th instant (August) for the trial of offences cognizable by the laws of this State.
ORDERED, That a Court be held in the County of Richmond, at Augusta, on Monday the 23ª instant (Aug') for the trial of of- fenders.
ORDERED, That a copy of the foregoing order be served, by the Clerk, on the Assistant Judges of said Counties, and that they be requested to transmit the same to the respective Sheriffs ordering them to summon a Jury agreeable to the laws of the State.
Adjourned to 3 O'Clock this afternoon.
Met agreeable to adjournment.
Mrs. Gresham having made application to go to Savannah to remain there with her husband, it is the opinion of this Board that her request be granted at such time as the Commanding Officer may think expedient.
WHEREAS, some jealousies, natural to a people tenacious of their liberties, have arisen among some of the citizens of this State respecting the powers of this Board, and whereas, it be-
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THE REVOLUTIONARY RECORDS
hooves the rulers of a free Country, at all times to take every step in their power to give all reasonable satisfaction to the in- habitants thereof, and to put a stop to such jealousies and com- plaints as may take place. And whereas, the citizens of this State above mentioned conceive, by virtue of the delegation which authorizes this Board to proceed on the Executive De- partment of Government, they have power to act in the Judicial and Legislative Departments-We do hereby declare and make known to all whom it may concern, that we are not invested with any such Judicial or Legislative powers; And that it never was, nor ever will be our intention to assume to ourselves any such powers by virtue of the above mentioned delegation, and that we neither mean to contravene or destroy the Constitution of the State, which, we think must have due operation whenever a time of less disquiet will admit of its being adequate to the exigencies of Government.
Adjourned till to-morrow morning 9 O'Clock.
Saturday, August 7th 1779.
The Council met agreeable to adjournment
Present
Honorable John Wereat Esq' President
Seth John Cuthbert, William Gibbons Sen"
Humphry Wells William Few.
John Dooly Esquires.
WHEREAS, many of the good citizens of this State whilst in arms defending their just rights and privileges have captured and taken from the enemy. property, which by the laws of arms and Nations is lawful prize. And whereas, many ungovernable and
149
MINUTES OF THE EXECUTIVE COUNCIL.
disorderly persons taking advantage of the distresses of their County, in open violation of law and justice have, by force of arms, and other ways plundered and taken the property of many of the inhabitants of this State under various and illegal pre. tences to the great injury of this State and good subjects thereof. In order therefore, to discriminate the honest citizen from the plunderer, and that equal justice may done to all,
ORDERED. That all persons whatsoever in whose possession any of the property taken as aforesaid now may be, do within one month from this date render in an account of all such prop- erty and by whom taken, to Charles Crawford and David Rob- ertson of Richmond County with the eldest Militia Officer of sail County, for the time being, or either of them; and George Wal- ton and Dionisious Oliver of Wilkes County with the oldest Militia officer of said County, for the time being, or either cf them; who are hereby appointed Commissioners of claims, an.1 required to set at some convenient place at least once a month .. and give notice thereof in their respective Counties, that cibu- ants may know when and where to apply for redress. And the said Commissioners are further required to deliver up to the owners, being friends to the Country, of which the said Corr- missioners are to be judges, whatever property may appear to them. to be the just right of the said claimants. And whatever property may appear to them to belong to the enemies of the State, they are to keep in their possession, and to report regularly to this Board, an account of their proceedings specifying the property restored or sequestered as above, with the names of a'l those persons who may prove refractory on the subject, an! would endeavour to secrete or detain by violence or any cthe: means, any such property, in order that the contumacious :::: be punished according to the laws of the land.
Having received information that George Wells has i: It's possession, a petition of a number of the inhabitants of the lower Gistrict in the County of Richmond, which petition was referred to this Board
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THE REVOLUTIONARY RECORDS
ORDERED-That the Clerk call upon the said George Wells and deinand that he deliver up the same.
WHEREAS, sundry circumstances have occurred to render the holding of the Courts in the Counties of Richmond and Wilkes highly inconvenient and improper at so early a period as was made in the orders of yesterday,
ORDERED therefore, that the Court be held in the County of Wilkes on Monday the 23ª instant; and in the County of Rich- mond on Monday the 30th instant, and that the Clerk give due notification thereof to those whom it may concern.
On Motion, The Board was adjourned to 3 O'Clock on Thurs- day next.
Thursday August 12th 1779.
The Council met according to adjournment and adjourned to Friday 9 O'Clock.
Friday August 13th 1779.
The Council met according to adjournment.
Present
Hon. John Wereat Esq' President
Seth John Cuthbert
Humphry Wells
William Gibbons William Few
Joseph Habersham Myrick Davies.
The two last Gentlemen being duly qualified took their seats.
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MINUTES OF THE EXECUTIVE COUNCIL.
Daniel Danielly was appointed Messenger, he being allowed . twelve dollars a day while on duty for the Council.
RESOLVED-That a Committee of three members be appointed to contract for, and superintend the building of a guard house in Augusta; and that they confer with General McIntosh on the subject.
ORDERED -- That Doctor Wells, Mr. Davies and Mr. Cuthbert be that committee.
RESOLVED That a Committee of two Members be appointed to write to the Treasurers of this State requiring their immediate attendance on this Board.
ORDERED-That the President and Mr. Habersham be that Committee.
Adjourned to 4 O'Clock this afternoon.
Met according to adjournment.
The Committee appointed to write to the Treasurers, made their report, which was agreed to, and is as follows,
SIR, The inhabitants of this State finding it impossible to con- vene the House of Assembly, proceeded to the election of a Council to whom they have delegated full powers to proceed on the Executive Department of Government, to appoint Delegates to represent the State in Congress; to call for, and settle the pub- lic accounts, advance money for public services &C.
You are required to repair to this place, and bring with you, your accounts and the public money that was in your hands at the time you left Savannah, on or before the first day of Sep- tember next; and to observe such directions as you shall
132
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THE REVOLUTIONARY RECORDS
receive from this Board, till the next meeting of the House of Assembly.
RESOLVED-That a letter be wrote to Colo. Marbury request- ing him, to bring Nehemiah Wade Esq. one of the Treasurers of this State, with his books and papers, before this Board, which letter is as follows.
!! SIR,
The Council requests that you will convey the letter here- with delivered you, to Nehemiah Wade Esquire one of the Treasurers of this State, and require him to proceed to this place immediately, with his books, papers and the public money that was in his hands at the time he left Savannah,-If he refuses to pay obedience to the order sent him, you will please to apply to the civil authority of the State of North Carolina to have him apprehended and bring him under a guard.
Adjourned to to-morrow Morning 9 O'Clock.
Saturday 14th August 1779.
The Council met according to adjournment.
Present
Hon. Jolin Wereat Esq: President
Seth John Cuthbert
Humphry Wells
John Dooly Joseph Habersham
William Few William Gibbons
Myrick Davies.
Complaint being made to the Board. by William Stubly Shir- ley that he has been plundered of a considerable part of his prop- erty, by persons now inhabitants of the State of South Carolina.
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MINUTES OF THE EXECUTIVE COUNCIL.
and forcibly detained by them in that State. The Board having taken the matter under consideration gave him the following recommendation to the Magistrates of South Carolina.
Complaint being made, to us by the bearer, William Stubl; Shirley who is an inhabitant of this State, that he has been plun- dered of a considerable part of his property by persons, now in- habitants of South Carolina, and which property is forcibly de- tained from him; We do earnestly recommend to the Justices and other persons in civil authority of South Carolina to assist the said William Stubly Shirley in the recovery of whatever property he make appear to be his and detained as above.
ORDERED, That Colo. Few and Mr. Gibbons be a Committee to confer with General McIntosh respecting the movement of the lower battalion of Richmond County and request the General to order them towards the Western frontier, as in the opinion of - the Board the regular forces sent down to join Colo. Twiggs will be more than sufficient to cope with the enemy in the neighborhood of briar-creek. And from information upon oath. there is every reason to believe that the Western frontier is in the greatest danger of being invaded by the Savages; and to acquaint the General that this Board do not consider George Wells to be the Commanding Officer of the lower battalion, and request that he will issue his orders to the Lieutenant Colonel or Major until a Colonel shall be legally chosen.
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WHEREAS, it may be absolutely necessary to order the Militia on duty during the recess of this Board. and perhaps at a time when it may not be in the power of the Members to make a Board: and unless the President is invested with sufficient power and authority to answer such necessary purposes, great inconveniences and prejudices may arise to this State.
RESOLVED-That the President is hereby invested with au- thority during the recess of this Board, to order out any-number
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THE REVOLUTIONARY RECORDS
of Militia at such time and place as he may think necessary and expedient for the welfare and safety of the State.
ORDERED -- That the lower battalion of Militia in the County of Richmond, be immediately embodied and that they do join Colo. Few, to proceed to the Western frontier.
RESOLVED, that this Board will particularly interest themselves with Congress, General Lincoln and the State of South Caro- lina, to put the Militia of this State upon the same footing with respect to their pay for past services as the militia of South Carolina have been, since the pay of the Militia of that State has been augmented, and that for the future, they shall be in every respect on the same footing that the Carolina Militia at present are.
ORDERED, That the President, Mr. Habersham, Mr. Cuthbert and Mr. Gibbons be a committee to write letters to the Legisla- ture of South Carolina, General Lincoln and Congress.
The Council adjourned to Monday next 10 O'Clock.
Monday, August 16th 1779.
The Council met according to adjournment.
Present, John Wereat Esq' President
Seth John Cuthbert Joseph Habersham
William Gibbons Myrick Davies.
Humphry Wells
A return being made by Humphry Wells Esq' of the free citizens from Richmond County, who signed the delegation of the late House of Assembly, it appeared that there were one hundred and sixty two who signed the same.
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MINUTES OF THE EXECUTIVE COUNCIL.
The Committee appointed to write letters to the Legislature of South Carolina, General Lincoln and Congress.
Report that they have finished a letter to General Lincoln, and require further time.
ORDERED-That they be allowed a further time and report to the next meeting of the Board.
The Board taking under consideration the letter to General Lincoln, agreed to it after some amendinents-which is as fol- lows.
Augusta in Georgia, 18th August 1779.
SIR,
After several fruitless attempts to establish a Government in this State, agreeable to the Constitution thereof, a num- ber of the Members of our Assembly met at this place on the 24th ultimo. but finding themselves inadequate to proceed to business as a House of Assembly, they elected nine persons as a Supreme Executive Council, and delegated to them competent power and authority to act as such. This measure they did not conceive they had sufficient power to establish; but recom- mended it to the inhabitants of the State, and it has been adopted by.a very large majority of them .-
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