USA > Georgia > The history of Georgia, Volume I > Part 48
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Upon the agitation of this project to transfer the capital of the colony from Savannah to the Great Ogeechee,2 twenty-seven lots
1 Board of Trade, v. 167.
2 This river was then called the Great Hogohechie, which responds more nearly
to its original Indian name than the ap- pellation subsequently adopted.
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472
THE HISTORY OF GEORGIA.
were quickly taken up in the town of Hardwicke, and twenty- one thousand acres of land in its vicinity were granted to vari- ous parties who favored and promised to develop the enterprise. DeBrahm proposed that the place should be fortified by the erection of "three polygons, six hundred feet each, and three detached bastions to be armed with twenty-five cannon," and suggested a garrison of one hundred and fifty men.1
The home government neglecting to furnish the necessary funds, and Governor Reynolds being without the means requisite to compass the contemplated change, his scheme of transferring the seat of government to Hardwicke was never consummated, and the town, deprived of its anticipated dignity and importance, developed simply into a little trading village adapted to the con- venience of the few who there located and cultivated lands in the vicinity.2
By DeBrahm 3 it was reckoned among the five seaport towns of the province. Although for many years a port of entry, its commerce was wholly domestic and coastwise, being chiefly con- fined to the conveyance of the products of the region, in small vessels, to Savannah, and the transportation, in return, of such articles and supplies as were needed by the planters.
The attorney-general of the province, having arrived in Savan-
1 See Plans and Elevations of the Forts necessary in Georgia, forwarded with Gov- ernor Reynolds' letter of the 5th of Janu- ary, 1756, and now of file in the Public Record Office, London ; Maps B. T., vol. xiii. No. 14.
2 The design of transferring the capi- tal of the colony from Savannah to Hard- wicke, conceived by Governor Reynolds, was adhered to by his successor, Governor Ellis. "The depth of water in the river, its more central position, its greater dis- tance from Charlestown, - the proximity to which, he argued, restricted the com- merce of Savannah, - the convenience of its harbour as a naval station, and the fertility of its adjacent lands, were the principal motives which operated with him to enforce the plan suggested by his predecessor. As a consequence of cling- ing to this scheme of removal, Governor Reynolds had neglected necessary repairs to the public buildings of Savannah, and its inhabitants had ceased enlarging and beautifying a town so soon to be deserted.
The Filature was in a dilapidated condi- tion, the Church was so decayed that it was only kept from falling down by sur- rounding it with props, and the prison 'was shocking to humanity.'
" The removal of the Seat of Govern- ment to Hardwicke, which had received the favorable notice of former Governors, was discouraged by Sir James Wright, who argued that if the object of a re- moval was to obtain a more central posi- tion, Hardwicke was too near ; while, on the other hand, a removal there would be very disadvantageous to the present capi- tal which was conveniently settled for in- tercourse with the Indians and for trade with South Carolina. The project was therefore abandoned, and the attention of the Assembly was directed to enlarging and strengthening the City which Ogle- thorpe had founded." Stevens' History of Georgia, vol. i. p. 433 ; vol. ii. p. 19.
3 History of the Province of Georgia, etc., p. 25. Wormsloe. 1849.
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473
ORGANIZATION OF THE COURTS.
nah, on the 12th of December submitted his report suggesting the best method of putting into practical operation his majesty's pleasure with regard to the erection of courts within the prov- ince. The council thereupon proceeded at once to establish those courts so that there might be no delay in the orderly administra- tion of justice. The general court, of which Noble Jones and Jonathan Bryan were constituted justices, was organized in Sa- vannah where it was permanently located. Four regular terms were to be holden in each year, to wit, on the second Tuesday of January, April, July, and October. Its province was to take cognizance of all actions, real, personal, and mixed, where the amount in controversy exceeded forty shillings. Criminal mat- ters were also subject to its jurisdiction ; its powers and authority being similar to those inherent in the King's Bench, the Common Pleas, and the Court of Exchequer in England. If the amount involved exceeded £300, an appeal lay to the governor and coun- cil; and if the judgment was for more than £500, a further ap- peal could be prosecuted to his majesty in council, provided the appellant entered into proper security to press his appeal and respond to the final condemnation. Notice of such appeal was to be given within fourteen days after the rendition of the judg- ment.
A court of chancery for hearing equity causes was organized. In it the governor sat as chancellor, and its other officers were a master, a register, and an examiner. Its doors were to be open after each session of the general court, if business required.
For the trial of criminal matters a special court of oyer and terminer, with two terms a year, was at first provided. But the business of this court having been soon transferred to the gen- eral court, the court of oyer and terminer was discontinued.
For the punishment of violations of the Acts of Trade, and for the adjudication of claims concerning salvage, the wages of mar- iners, and other maritime affairs, a Court of Admiralty was es- tablished. Over this the governor presided as vice-admiral, and the other officers were James Edward Powell, judge advocate ; William Clifton, advocate general; Alexander Kellet, marshal ; and William Spencer, register. An appeal lay to the High Court of Admiralty in England.
Justices were appointed for the several districts of the prov- ince, and they were authorized to hear and determine causes where the amount involved did not exceed forty shillings.
For punishing slaves committing capital crimes a commission
474
THE HISTORY OF GEORGIA.
of oyer and terminer might, upon an emergency, be issued to the justice of the district in which the offense was committed, to try the accused without a jury. If found guilty and sentenced to death, the justice might award execution, and set upon the slave a value which was afterwards to be paid to the owner by the General Assembly, "as an encouragement to the people to discover the villainies of their slaves." 1
Responding to the summons of the governor, the representa- tives assembled in Savannah on the 7th of January, 1755, and perfected their organization by the election of David Douglass as speaker. The council, or Upper House of Assembly, was also present. Governor Reynolds submitted the following inaugural address : -
"Gentlemen of the Council and of the Assembly :
" I congratulate you upon the regard his Majesty has been graciously pleased to shew this Province in fixing here a regular Form of Government immediately under his royal Authority, the great Advantages of which are too obvious to require men- tion ; and as his Majesty has done me the Honour to appoint me your Governor, I take this first Opportunity to assure you that it shall be my Study, during the Course of my Administration, to promote the Prosperity of the Colony that you and your Pos- terity may reap the Benefit that will attend its flourishing State ; the only Advantage I propose to myself is my Share of the Hon- our that will arise from the Success of our mutual Endeavours in this Undertaking. I expect therefore that you will all chear- fully and loyally contribute your Assistance to this laudable End ; and as the most effectual Means to attain it are Unanimity, Method, and close Application, let me recommend it to you and advise that the more weighty and important Affairs of the Col- ony be taken into your immediate Consideration at your first Meeting, and afterwards Things of lesser Moment.
" I think it proper for the public Service that you first of all frame some Provincial Laws for the well regulating the Militia, for the making public roads, and establishing a Provision for defraying the Expences of holding the two Courts of Oyer and Terminer which his Majesty has directed to be held on the second Tuesday in December and the second Tuesday in June, and I likewise recommend to your Consideration the making a Pro- vision for the Ordinary Contingencies of Government as far as
1 See JIS. Minutes of Council, pp. 34. 38. Stevens' History of Georgia, vol. i. pp. 391, 392. New York. MDCCCXLVII.
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475
GOVERNOR REYNOLDS' ADDRESS.
the Circumstances of the People will conveniently admit of the same.
"Gentlemen, as you are called together for no other Purpose but to consult about the best Methods of promoting your own Welfare, I doubt not but you'l take care to suffer nothing to disunite you or draw off your attention from the public Good. I, on my Part, shall be ready to concur with you in every Thing that can be conducive to your true and lasting Interest."
This complimentary and conciliatory speech from the first royal governor to the primal legislative assembly convened in Georgia evoked from that body an immediate and cordial resolu- tion of thanks. On the part of the council, Sir Patrick Hous- toun, Mr. Kellet, and Mr. Harris were appointed a committee to prepare a responsive address to his excellency. Presented in due course, it was couched in the following dutiful language : -
" To his Excellency John Reynolds Esqr. Captain General and
Governor in Chief in and over his Majesty's Province of Geor- gia.
" The humble Address of his Majesty's Council met in Gen- eral Assembly.
" May it please your Excellency.
" We his Majesty's most dutiful and loyal Subjects, the Coun- cil of this Province met in General Assembly, beg leave to re- turn your Excellency our hearty Thanks for your Speech deliv- ered to us.
" We are very sensible of the great and obvious Advantages that will necessarily result from the regard his Majesty has been graciously pleas'd to shew this Province in fixing here a Regular Form of Government immediately under his Royal Authority, and from your Excellency's General Character and the Knowl- edge that from our nearer approach to your Excellency's Person we have of your Abilitys and Inclinations, we are well assured that it will be your Excellency's study during the Course of your Administration to promote the Prosperity of this Colony that we and our Posterity may reap the benefit that will attend its flour- ishing State, and that the only Advantage your Excellency pro- poses to yourself is your Share of the Honour that will arise from the Success of our mutual Endeavours in this Undertaking.
" We are determin'd to contribute our Assistance to this land- able end, and as we are convinced that the most effectual Means to attain it are Unanimity, Method, and close Application, we shall take into immediate consideration at our first Meeting the
476
THE HISTORY OF GEORGIA.
more weighty and important Affairs of this Colony, and after- wards things of lesser moment.
" We will very chearfully cooperate in framing those Provin- cial Laws that your Excellency has been pleas'd to recommend, and being perfectly satisfy'd that we are call'd together for no other purpose but to consult about the best Methods of promot- ing our own Welfare, we shall take care to suffer nothing to disunite us or draw off our attention from the Public Good : and we make no doubt but your Excellency will be ready to concur with us in every Thing that can be conducive to our true and lasting Interest."
Upon the receipt of this address the Governor returned this answer : -
" Gentlemen of the Council.
" I give you thanks for your Address and assure you that my best Endeavours shall never be wanting to recommend me to the Continuance of your good Opinion."
The following are the official courtesies which were exchanged between Governor Reynolds and the Commons House of As- sembly : -
" May it please your Excellency.
" We, his Majesty's most dutiful and loyal Subjects, the Rep- resentatives for the Province of Georgia in Assembly met, beg leave to return your Excellency our sincere and hearty Thanks for your Affectionate Speech.
" We have a most grateful sense of the tender Regard his Majesty has been graciously pleased to show to this Province under the benign influence of his Royal Authority, and doubt not but we shall reap the same Advantages from it and enjoy the same Privileges under it as the other his Majesty's Provinces in America do.
" We beg to offer his Majesty our most dutiful Acknowledg- ments for this instance of his Pastoral Care, and also for the wise Choice he has been pleased to make of your Excellency whom we have great reason to believe possessed of every qualification necessary toward discharging your duty to your Royal Master and making the People, over whom you preside, happy.
" We thank you Sir, in particular for the kind assurance you have been pleased to give us of your hearty inclination to pro- mote the Good of the Colony and to join with us in everything we propose for that End.
" We, on our Parts, assure your Excellency that it shall be
477
ADDRESS OF THE REPRESENTATIVES.
our constant aim and study to propose nothing but what we judge consistent with the Honour and Dignity of our Sovereign and the Good of our Constituents, being well convinced that the true Interests of his Majesty and his loyal Subjects are so closely connected that whatever tends to promote the Honour of the one is likewise for the advantage of the other: having all of us this in view we doubt not we shall be unanimous in all our Pro- ceedings ; and we shall in the first Place take under our Consid- eration such Affairs as shall appear to be of the greatest Impor- tance and that require our immediate Attention.
' " We will likewise consider of Methods for raising Money towards defraying the Contingent Expences of Government ; but our present Situation and Circumstances are such that we shall be able to contribute very little for that Purpose; but we hope from what we have already experienced of his Majesty's Royal Favour that he will be pleased to grant us such Assistance as will make good our Deficiencies, and at the same time we assure your Excellency that our inclination shall not be wanting as far as our ability will permit.
" We hope that the whole tenor of our Actions will tend to convince your Excellency that we have nothing more at heart than to consult the Honour and Dignity of our most Gracious Sovereign, and truly to promote the Interest of this Colony ; in the doing of which we flatter ourselves we shall in some measure lessen to you the weight of Government and procure you the lasting Satisfaction of having contributed so largely towards ren- dering us a flourishing People, which we believe to be your sin- cerest wish."
To this address his excellency thus responded : -
" Gentlemen of the Assembly.
" It gives me great satisfaction to find you so truly sensible of his Majesty's paternal care of this Colony. I am obliged to you for the kind marks of your esteem in this Address and for the Assurances you give me of proceeding in the Public Busi- ness with unanimity. I shall be glad of any Opportunity of convincing you of the Sincerity of my good Wishes for your Prosperity, and I promise myself from your Application that they will be crowned with Success."
Thus happily, at the inception of the royal government, was the legislative department of the province brought into associ- ation with the governor. Mindful of its promise, the General Assembly entered at once upon the discharge of its appropriate
478
THE HISTORY OF GEORGIA.
duties, continuing in session during the administration of Gov- ernor Reynolds, with the exception of three vacations which occurred from the 7th of March, 1755, to the 2d of February, 1756; from the 19th of February to the 1st of November, 1756; and from the 15th of December, 1756, to the 10th of January, 1757.
One of the earliest and most important acts passed by this legislative body was that regulating the militia of the province and providing for its security and defense. It directed the organ- ization of all white male inhabitants between the ages of sixteen and sixty into companies, troops, battalions, and regiments. It required that they be armed, and drilled at stated intervals. Officers of companies were enjoined, six times in each year, to inspect the arms and accoutrements of all the men attached to their several commands. No persons were exempt from the per- formance of military duty except members of his majesty's coun- cil and their officers, members of the assembly and their officers, the chief justice and the justices of the court of common pleas, the attorney-general, attorneys of the court, the clerk of the Crown and pleas, the provost marshal, the master and register of the high court of chancery, the judge of the vice-admiralty, the officers of his majesty's customs, the surveyor-general, the clergy, the catechist of Savannah, the public treasurer, the powder-re- ceiver, the commissary, comptrollers, waiters, and all duly quali- fied and acting justices of the peace. During seasons of rebellion, insurrection, or actual invasion, these exemptions ceased except in the case of members of council and of the assembly and their officers, of pilots, and of ferrymen. It was obligatory upon the masters of male indented servants to see not only that they were armed, but that they were present at all musters and trainings designated by the Act. Except when charged with treason, fel- ony, or breach of the peace, every militiaman while going to, attending upon, or departing from a muster was exempt from arrest and from the service of any process. Penalties were speci- fied for disobedience to the orders of a superior officer. Provision was made for the concentration of the entire manhood of the province on occasions of general danger, and the mode of giving alarms was pointed out. The manner of organizing patrols, of impressing boats, animals, provisions, and ammunition in seasons of peril, the constitution and conduct of courts-martial, the tem- porary enlistment of slaves, compensation to the owner if his slave was wounded or killed in service, and encouragements to
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479
LEGISLATIVE ACTS.
slaves to behave manfully in the presence of the enemy, are all specified with great particularity.1
The other acts passed during Governor Reynolds' administra- tion were as follows : -
(a.) An act for imprinting, emitting, and making current the sum of seven thousand pounds sterling, in paper bills of credit, to be let out at interest, on good security, at six per cent. per annum. The object of this act was to supply a currency for the province. These bills were declared a legal tender in liquidation of all debts and dues, and ample provision was made for securing their effectual payment by the parties to whom they were issued.
(b.) An act levying a specific tax upon negroes, lands, moneys at interest or invested in trade, and upon town-lots, in order to realize a sum sufficient to defray the expenses of the courts of oyer and terminer and some other " contingencies of government."
(c.) An act rendering it obligatory upon each planter to pro- tect his fields or other inclosures with a fence at least five feet and a half high.
(d.) An act levying an impost upon all ships, snows, brigs, polacres, sactias, sloops, schooners, and crafts trading with the province, in order to raise an amount large enough to keep the light-house on Tybee Island in repair, and to build a dwelling there for the use of the pilot.
(e.) An act to prevent fraudulent deeds and conveyances, and to compel the registration, within specified periods, of all mort- gages and alienations of lands and negroes.
(f.) An act for establishing a market in the town of Savan- nah, and to prevent forestalling, engrossing, and unjust exac- tions therein.
(g.) An act fixing the legal rate of interest in the province at ten per cent. per annum.
(h.) An act empowering surveyors to lay out public roads in Georgia to facilitate speedy communication between the inhab. itants residing in distant parts of the province, and providing for the establishment of ferries. By this act the plantation was divided into districts, surveyors were appointed for each, and the citizens required to perform specified labor in keeping the high- ways and bridges in repair.
( ¿. ) The act entitled " An Act for the better ordering and gov- erning Negroes and other Slaves in this Province,"2 embodying the
1 Acts of the General Assembly of the Colony of Georgia, 1755-1774, now first printed, pp. 9-34. Wormsloe. MDCCCLXXXI.
2 Acts passed by the General _Assembly of the Colony of Georgia, 1755-1774, now first printed, pp. 73-99. Wormsloe. MDCCCLXXXI.
480
THE HISTORY OF GEORGIA.
earliest legislation touching the treatment and management, the trial and punishment, the privileges and disabilities, the sale and recovery, of negro slaves in Georgia, possesses a deep historical interest. The offspring of negroes, mulattoes, and mestizos, slaves at the time of the passage of the act, was doomed to perpetual slavery. Slaves were not permitted to absent them- selves from the abodes or plantations of their owners without a written permit. Any person giving a ticket of leave to a slave, without the consent of his owner, was to forfeit £3. A slave, unaccompanied by a white person, found away from the residence of his owner, was liable to examination by any white citizen. If without a ticket, he was subject to apprehension and moderate correction. If he resisted, and assaulted and struck the party apprelending or chastising him, he might be killed, and the homicide was pronounced justifiable. Any person unlawfully beating or maiming the slave of another was declared liable to respond in damages. Unusual assemblages of slaves were to be dispersed, and their houses could be, without warrant, searched for arms and ammunition.
Persons maimed or wounded in apprehending runaway slaves were to be compensated by the General Assembly. In case of death, their legal representatives could demand pecuniary satis- faction from the public treasury.
Slaves charged with the commission of capital crimes were to be tried by two justices of the peace and not less than three nor more than five freeholders resident in the district where the felony was committed. The investigation was to be speedy, and the execution of sentence summary, so that others might be deterred from offending in like manner.
In cases " not extending to the taking away of life or mem- ber," one justice and two freeholders constituted a competent court. The testimony of slaves was admitted for or against their fellows.
If a slave should willfully burn or destroy any stack of rice, corn, or other grain, the growth of the province, or maliciously set fire to any tar-kiln, barrel of pitch, tar, turpentine, or resin, or steal another slave, or designedly poison any one, he was, upon proof, to be condemned to suffer death as a felon.
Homicide of any white person by a slave, except by misadven- ture or in defense of his master or other person charged with his care and management, any attempt on the part of a slave to raise an insurrection, and any endeavor to entice one of his fel-
481
ACT REGULATING SLAVES.
low servants to run away from the province involved the death penalty. A white person attempting to steal and carry the slave of another out of Georgia was subject, on conviction, to pay a fine of £50.
Actual theft of a slave, or the defacing of his or her mark, was pronounced felony without benefit of clergy.
Slaves condemned to death were, before execution, to be ap- praised by a justice and two freeholders, at any sum not ex- ceeding £50. Upon proper certificate, the public treasurer was authorized to pay one half of this appraised value to the owner of the slave, and the other half to the party who had suffered injury at the hands of the condemned and executed.
Upon the trial of slaves, all persons who were cognizant of the facts connected with the commission of the offense charged could be compelled to appear and testify.
The master, or other person having the care of a slave accused of a capital crime, who should conceal or convey away such slave so that he could not be brought to trial and punishment, was to be fined £50. If the offense was not capital, the fine was limited to £20.
Constables were charged with the execution of sentences passed upon slaves in their respective districts. Their compen- sation, in case of corporal punishment, was three shillings. In carrying into effect the death penalty they were allowed ten shillings.
Compelling a slave to labor on the Lord's day (" works of absolute necessity and the necessary occasions of the family only excepted ") involved in each instance a fine of ten shillings ster- ling.
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