USA > Georgia > The history of Georgia, Volume I > Part 53
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The district of Abercorn and Goshen and the district of Eben- ezer, extending from the northwest boundaries of Christ Church Parish up the Savannah River as far as the Beaver Dam, and southwest as far as the mouth of Horse Creek on the river Great Ogeechee, were constituted a parish by the name of SAINT MATTHEW.
The district of Halifax, extending from the northwest bounda- ries of St. Matthew's Parish up the Savannah River from the mouth of Mackbeen's Swamp to the head thereof, and from thence to the head of Lambol's Creek and to the Great Ogeechee River, was erected into a parish and called SAINT GEORGE.
" The district of Augusta, extending from the northwest boundary of the parish of Saint George, and southwest as far as the river Ogeechee, and northwest up the river Savannah as far as Broad river " was designated as the parish of SAINT PAUL.
" The town of Hardwicke and district of Ogeechee on the south side of the river Great Ogeechee, extending northwest up the said river as far as the Lower Indian Trading Path leading from Mount Pleasant, and southward from the town of Hard- wicke as far as the swamp of James Dunham, including the set- tlements on the north side of the north branches of the river Midway, with the island of Ossabaw, and from the head of the
525
GEORGIA DIVIDED INTO PARISHES.
said Dunham's swamp in a northwest line" were denominated the parish of SAINT PHILIP.
Sunbury, in the district of Midway and Newport, and all the territory " from the southern bounds of the parish of Saint Philip, extending southward as far as the north line of Samuel Hast- ings, from thence southeast to the south branch of Newport, in- cluding the islands of Saint Catharine and Bermuda, and from the north line of the said Samuel Hastings northwest," consti- tuted the parish of SAINT JOHN.
" The town and district of Darien extending from the south boundary of the parish of Saint John to the river Alatamaha, in- cluding the islands of Sapelo and Eastwood, and the sea islands to the north of Egg island, and northwest up the river Alata- maha to the forks of the said river," were formed into the parish of SAINT ANDREW.
" The town and district of Frederica, including the islands of Great and Little Saint Simon, and the adjacent islands," were to constitute the parish of SAINT JAMES.
The church already erected in Savannah, and the ground ap- purtenant thereto used as a burial place, were in and by this act designated as the Parish Church and Cemetery of Christ Church.
It was further provided that " Bartholomew Zouberbuhler, clerk, the present Minister of Savannah, shall be the rector and incumbent of the said Church of Christ Church, and he is hereby incorporated and made one body politick and corporate by the name of the rector of Christ Church in the town of Savannah ; and shall be and he is hereby enabled to sue and be sued by such name in all courts within this Province, and shall have the cure of souls within the said Parish, and shall be in the actual pos- session of the said Church with its cemetery and appurtenances, and shall hold and enjoy the same to him and his successors, to- gether with the glebe land already granted to him, and the mes- suage or tenement near to the said Church, with all and singular the buildings and appurtenances thereunto belonging, and also all other lands, tenements and hereditaments as shall or may hereafter be given and granted to the said Church or the incum- bent thereof."
Similar provisions were made for the incorporation, in the town of Augusta, of the Parish Church of Saint Paul; and Gov- ernor Ellis, James Habersham, Francis Harris, James Mackay, James Edward Powell, William Clifton, William Knox, David
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526
THE HISTORY OF GEORGIA.
Montaigut, James Deveaux, Noble Wimberley Jones, Thomas Rasberry, William Russel, William Spencer, and Charles Wat- son were appointed commissioners, so soon as they should be thereunto enabled by allowance of Parliament, by charitable do- nations, or by provision of the General Assembly of Georgia, to cause a church to be erected in each of the other six parishes, viz., Saint Matthew, Saint George, Saint Philip, Saint John, Saint Andrew, and Saint James, and to have builded in each of those parishes a convenient parsonage, with out-buildings, for the habitation of the rector. They were also empowered to lay out and inclose a cemetery or burial place for each of those churches.
Upon the erection of these ecclesiastical structures and the appointment of rectors, incorporations were to be allowed as in the cases of Christ Church in Savannah and of Saint Paul in Au- gusta.
Vestry-men and church-wardens were to be selected and sworn to the faithful performance of their duties.
For the purpose of keeping church edifices in repair, for the care of the respective cemeteries, sacred utensils, and ornaments, to provide bread and wine for the Holy Eucharist, to pay the salaries of clerk and sexton, and to make provision for the poor and impotent of the several parishes, the rector, church-wardens, and vestry-men were authorized to levy a tax on the estate, real and personal, of all the inhabitants within the respective par- ishes, sufficient to yield in the parishes of Christ Church and of St. Paul £30 each, and in the parishes where no churches had been as yet erected £10 each. The method of assessing and collecting this tax is pointed out.
With the rector, church-wardens, and vestry-men rested the power of appointing sextons and of fixing their salaries and fees. The rector was to be one of the vestry, and the church-wardens in each parish were directed to procure, at the charge of the parish, a well-bound paper or parchment book wherein the vestry- clerk of the parish was to register the " births, christenings, mar- riages, and burials of all and every person and persons that shall from time to time be born, christened, married, or buried within the said parish, under the penalty of five pounds sterling on fail- ure thereof." For each entry the vestry-clerk was entitled to receive, as a fec, one shilling sterling. These registers were to be adjudged and accepted in all courts of record in the province as furnishing sufficient proof of the births, marriages, christen-
527
PROVISIONS FOR ERECTING CHURCIIES.
ings, and burials therein mentioned ; and if any party was con- victed of willfully making or causing to be made any false entry therein, or of maliciously erasing, altering, or defacing an entry, or of embezzling any entry or book of record, he was to be ad- judged guilty of a felony and to be punished with death without benefit of clergy. Each vestry was instructed to nominate a proper person to keep a record of its proceedings, and to act as the custodian of its books and papers. No authority was con- ferred upon rectors to exercise any ecclesiastical jurisdiction, or to administer ecclesiastical law.
Such are the leading provisions of the act dividing Georgia into parishes, and erecting churches in sympathy with the tenets of the Established Church of England. While the patronage of the Crown and of the colonial assembly was extended in this special manner in aid of churches professing the Episcopal faith, it was not designed to favor them by an exclusive recognition. The idea appeared to be to accord to that denomination within the limits of Georgia a prestige akin to that which the Church of England enjoyed within the realm, to create certain offices for the encouragement of that religious persuasion and the extension of the gospel in accordance with its forms of worship and mode of government, and to provide a method by which faithful reg- isters of births, marriages, christenings, and deaths might be kept and perpetuated. Numerous were the Dissenters then in the prov- ince. They were represented by Presbyterians, Lutherans, Con- gregationalists, Methodists, a few Baptists, and some Hebrews. To all sects, save Papists, was free toleration accorded, and when- ever a dissenting congregation organized and applied for a grant of land whereon to build a church the petition did not pass un- heeded. There can be no doubt, however, but that it was the intention of the government, both royal and colonial, to engraft the Church of England upon the province and, within certain limits, to advance its prosperity and insure its permanency. At the same time an adherence to its rubrics was in no wise made a condition precedent to political preferment.
As a salutary precaution against domestic insurrections and other sudden dangers, each white male inhabitant of the province " from the age of sixteen years and upwards " was, by an act as- sented to on the 28th of July, 1757, required to carry with him "on sabbath days, fasts, and festivals," to the place of public worship within the town or district where he resided, " one good gun, or pair of pistols, with at least six charges of gun powder and ball."
528
THE HISTORY OF GEORGIA.
To encourage skilled labor within the province, and to induce white men from other colonies to settle in Georgia and ply the trades of carpenters, masons, bricklayers, plasterers, and joiners, the General Assembly passed an act on the 15th of March, 1758, forbidding the employment of negro slaves in those avocations unless the white artisans should refuse to work at fair and rea- sonable prices to be ascertained by commissioners designated for that purpose.1
That disputes and disagreements between the colonists and the Indians might be avoided, acts were approved forbidding all per- sons, under heavy penalties, to traffic with the natives or to ac- quire lands from them except by special license.
Quarantine regulations were established by statute, and com- missioners were appointed to summon and superintend the labor of the inhabitants in the erection of log-forts at convenient points for the further security of the province.
The embargo, as enjoined by his majesty's proclamations, prov- ing insufficient to deter evil-disposed persons from obtaining sup- plies of provisions and stock from Georgia with a view to selling them to the enemy, the General Assembly, by an act assented to on the 19th of July, 1757, established severe prohibitions with regard to the transportation of cattle, horses, sheep, hogs, corn, rice, flour, and bread beyond the southern limits of the prov- ince.2
A general system of patrols,3 with extensive powers and respon- sibilities, was devised for preserving order upon plantations and throughout the colony.
In order to quiet the titles to lands, a statute was enacted which declared " That all and every person or persons that are now pos- sessed of or do hold any Lands or Tenements whatsoever within the said Province of Georgia by and under grants from the late honourable Trustees for establishing the Colony of Georgia, or by and under Grants from his Majesty obtained since the surrender of the Charter of the said Trustees, are hereby established and confirmed in the Possession of their several and respective Lands and Tenements, and such Grants thereof are hereby accordingly ratified and confirmed and declared to be good and valid to all Intents and Purposes whatsoever against all and all manner of
1 Acts of the General Assembly of the Col- ony of Georgia, 1755-1774, now first print- ed, p. 149. Wormsloe. MDCCCLXXXI.
2 Acts passed by the General Assembly
of the Colony of Georgia, 1755-1774, now first printed, pp. 135, 159. Wormsloe. MDCCCLXXXL.
3 See Act of July 28, 1757.
529
LEGISLATIVE ENACTMENTS.
Persons claiming any Estate or Interest therein by and under the said Lords Proprietors of Carolina, or by or under any former Grant obtained before the date of his Majesty's Charter to the said Trustees for establishing the Colony of Georgia, any Act, Law or Statute to the Contrary notwithstanding." 1
This act which, in due course, received the sanction of the home government, afforded considerable relief, and, in the most authoritative way, declared the invalidity of quite a number of grants affecting lands in the southern portion of the province which emanated in a rather loose fashion from the Lords Proprie- tors of Carolina and had never been accompanied by any pos- sessio pedis.
By a prior act, assented to on the 15th day of March, 1758, all persons claiming lands under any warrant of survey, allot- ment, or conveyance from the trustees, or from the president of the colony and his assistants, who had not already done so, were required, within three years from the 20th of March, 1758, to appear before the governor and council, make good their claims, and receive, in lien of former titles, king's grants for the same. By special enactment the rate of interest in the colony was re- duced to eight per cent per annum ; qualifications for jurors were prescribed; provision was made for the more speedy re- covery of debts in justices' courts ; the legal fees of magistrates and constables were fixed; the method was determined by which feme coverts should unite with their husbands in alienating lands ; special or extraordinary courts were organized for the trial of causes arising between merchants and mariners ; penal- ties were promulgated to prevent the stealing of horses and neat cattle, and punishments ordered to be inflicted upon those who changed the mark or brand of another, or unlawfully killed his stock; fences were regulated; and the militia laws of the prov- ince were carefully revised.
At the hands of the General Assembly Savannah claimed and received much attention. Among the acts passed may be men tioned one establishing a watch in that town; two regulating taverns, punch houses, and the sale of spirituous liquors ; two more for the proper conduct of the market; a sixth establishing further rules for the conduct of the watch ; a seventh forbidding the erection of wooden chimneys; an eighth empowering trus- tees to purchase a residence for the use of the present and fu-
1 Acts passed by the General Assembly now first printed, p. 188. Wormsloe. of the Colony of Georgia, 1755-1774, MDCCCLXXXI.
34
530
THE HISTORY OF GEORGIA.
ture governors of the province ; a ninth regulating the assize of bread; a tenth for the construction of a public magazine ; an eleventh for the repair of Christ Church ; and a twelfth for the general regulation of the town. Tybee light-house was not for- gotten. Provision was made for the support of the courts of oyer and terminer, and for the defrayal of expenses connected with the administration of the government. Masters of vessels were prevented from conveying debtors from the province, and frauds in lumber were pointed out and denounced. Nearly fifty acts passed by the general assemblies convened during Governor Ellis' administration received royal sanction. Their delibera- tions were characterized by honesty of purpose, unity of senti- ment, and a laudable devotion to the best interests of the colony. All dissensions had ceased, and the attitude maintained by this legislative body toward the governor was in all respects deferen- tial and conciliatory. Under the wise, conservative, and gentle rule of Governor Ellis Georgia was rapidly lifting herself above the shadows which gathered so darkly about her during the ad- ministration of Governor Reynolds, and was already entering upon that era of development and prosperity which was so sig- nally confirmed under the able guidance of Governor Wright.
The following extract from a letter addressed by Governor Ellis to the Board of Trade, under date May 30, 1758, advises us of the condition of some of the military defenses of the colony, and of other matters of moment appertaining to the welfare of the province : -
"Immediately after our Assembly rose I took a Journey to the South in order to examine into the state of things in that Quarter. On my way I touch'd at the River Ogeeche and saw the Fort that had lately been raised there in consequence of the Resolutions of the Assembly last year. It is of a Quadrangular Figure, each side measuring 100 yards, constructed with thick logs set upright, fourteen feet long, five whereof are sunk in the Earth, and has four little Bastions, pierced for small and great guns that would render it very defenceable. From thence I pro- ceeded to Medway where I found the Inhabitants had inclosed their Church in the same manner, and erected a Battery of eight guns at Sunbury in a very proper situation for defending the River.
"I reached Frederica two days, afterd, the ruinous condition of which I could not view without concern. A dreadful Fire, that lately happened there, has destroyed the greatest part of the
531
CONDITION OF THE PROVINCE.
town. Time has done almost as much for the Fortifications. Never was there a spot better calculated for a place of arms or more capable of being fortified to advantage. It lies on the west side of the Island St. Simon's, and the chief and most southern branch of the great river Alatamaha. The military works were never very large, but compact and extremely defenceable.
"The Sound will conveniently admit of 40 Gun Ships, and those of 500 Tons burthen may come abreast of the Town; but for three Miles below it the River winds in such a manner that an Enemy must in that space be exposed to our Fire without being able to return it. In short it is of the last importance that that place should be kept in constant Repair and properly Gar- risoned, as it is apparently and really the Key of this and the rest of the King's Provinces to the South, but the wretched con- dition in which it now is makes it easy to conjecture what would be its fate should Spanish War suddenly break out.
" From hence I went to the Island of Cumberland on the south point whereof stands Fort William, a Post of no less consequence, as is evident from the Defence it made against Twenty Eight Spanish Vessels and a considerable Land Force that attack'd it unsuccessfully in the year 1742.
"General Oglethorpe has, in my humble opinion displayed a great deal of Skill in his choice of such Situations.
"This Fort commands a noble Inlet from the Sea, - the en- trance of the River St. Mary, - which runs deep into the Coun- try, - and the Inland Passage thro' which the runaway Negroes and other Deserters are obliged to go on their way to St. Au- gustine.
"The works are of no great extent but admirably contrived to be maintained by a small Garrison, and might be repaired with- out any great expence. £3000 Sterling would be sufficient, and Frederica might be rebuilt with solid and lasting materials as well as be rendered very strong for about £10,000, and until these things are done I apprehend this Province, and I may add the next, will be very insecure.
" While I was at Cumberland I saw and had much discourse with M' Gray. He is a very unintelligible character, shrewd, sagacious, and capable of affording the best advice to others, but ridiculously absurd in every part of his own conduct.
" He is now settled upon that Island with his family, and en- gaged in a small Traflick with the Spaniards and Creek Indians. With him I found a person lately come from St. Augustine who
532
THE HISTORY OF GEORGIA.
informed me that a new Governor and 200 fresh Troops from the Havannah were just arrived there, and that the Spaniards persisted in their design of settling a New Colony in the envi- rons of that Castle ; and that they were preparing to build two or three other Forts on the River of St Juan.
" This Information has a little alarmed our people, which is not much to be wondered at considering their defenceless condi- tion. Another circumstance which augments their fears is an account we have received that three French Privateers are now cruising upon our Coast, whilst we have no Vessel of War sta- tioned here to molest them, and but a very incompetent force to prevent their Crews doing much mischief should they attempt a descent.
"It is more than a year and a half since a Troop of Rangers were begun to be raised here. The late Governor drew Bills upon the Earl of Loudoun for their Subsistence, which were pro- tested.
" Upon the most urgent and repeated remonstrances his Lord- ship, ten months ago, furnished me with a Credit upon the Pay- Master at New York for £850 Sterling to maintain them 'till further orders. That sum is expended, but those orders are not yet arrived, notwithstanding his Lordship has embarked for England.
"I am now supporting them upon my own Credit which, that I may be the longer able to do, I have been compell'd to disband half their number, and if General Abercromby, to whom I have repeatedly and pressingly wrote upon this subject, does not speed- ily authorize me to keep them on foot and appropriate a proper Fund for that purpose, I shall be constrained to dismiss the rest.
. "There remains but to acquaint your Lordships that every- thing is quiet here, and that the Colony improves apparently.
" There is a probability that the raising of Silk will engage the attention of our People more than heretofore and that that important undertaking will one day or other compensate for the trouble and expence which has attended its Infancy. This Sea- son promises fair in its behalf: 6000 weights of cocoons, of a good quality are already brought to the Filature and more are yet expected."
The urgent need for appropriations to defray the charges in- cident to the maintenance of the few irregular troops in the service of the colony, the patriotic action of the governor in re- taining the services of the rangers and in supporting them at his
533
COMMUNICATION OF GOVERNOR ELLIS.
personal risk and upon his individual credit, the sense of inse- curity entertained because of the absence of necessary military forces, and the existence of Indian troubles are all brought to the notice of the Lords Commissioners of Trade and Plantations in a letter from the governor dated the 25th of October, 1758, from which we make the following extract : -
"Your Lordships are too well acquainted with the real circum- stances of this Frontier Province to blame my solicitude for its safety. One point in particular concerns me so much that I can- not now be silent upon it, notwithstanding I have so often men- tioned it. I mean what relates to the Rangers raised here by my Predecessor, who are not yet upon any establishment, but have for many months past been maintained upon my own Credit and risque. They are highly necessary to be kept on foot and have been more than tacitly allowed of by the Earl of Loudoun. I am therefore afraid I cannot answer to disband them, although I am not able to support them much longer. His Lordship gave me a credit last year for £850 to subsist them until further Or- ders, but those have never arrived, and that sum has been ex- pended long ago.
"Since General Abercromby assumed the chief command I have wrote no less than four times successively to him upon this very subject, but I cannot be favoured with one line for answer. In short, this affair has created me a great deal of uneasiness and embarrassment. Surely my Lords, if the present times were less perturbed and dangerous, there would be sufficient reasons for keeping up a small Body of Troops here.
"The want of means to inforce the Laws necessarily brings the Government into contempt, and constrains me to wink at many enormities committed by our own People and the Savages. It is not uncommon for the former to set the Civil Power at defiance, and gangs of the latter have more than once lived at discretion upon the outsettlers and drove away numbers of their cattle. A few months ago some straggling Indians from the Northward, who are now settled in the Creek Country, robbed and murdered a whole family not forty miles from this town.1 I immediately insisted upon satisfaction from the Creeks who, with some diffi- culty and reluctance, in part gave it me : for one of the murder- ers they put publickly to death. The others made their escape but parties are sent in quest of them, and I have strong assur ances that they shall suffer the same fate when they can be
1 Savannah.
534
THE HISTORY OF GEORGIA.
taken. It is very happy this affair ended thus ; for had those Savages been more averse to do Justice we could not have com- pelled them. Our weakness then must have been most apparent, and Crimes of this nature would probably have been perpetrated daily.
" It would be endless to relate to your Lordships the various shifts and expedients I have been reduced to, to conceal our ina- bility. This sort of management may do for a season, but man- kind are too penetrating to be long imposed upon even by the most refined policy." 1
The loyal interest manifested by Mr. Ellis in the welfare of the colony, his honest enforcement of all regulations promulgated by the Crown, his pacific policy, and his wise administration of public affairs so thoroughly commended him to his majesty's favor that on the 17th of May, 1758, he was announced as gov- ernor in chief of the province.
In maintaining amicable relations with the Spaniards he was quite fortunate, and his correspondence with the governor of Florida is characterized by a commendable courtesy, dignity, and fairness. The intimation at one time thrown out by the Spanish ruler that the English were inciting the Indians to an invasion of Florida was promptly repelled by Governor Ellis, and its falsity clearly shown. He also denied that there was any intention on the part of the Georgia colonists to appropriate a portion of the territory rightfully claimed by his Catholic majesty. Until the peace of 1763, when the country lying between the rivers Ala- tamaha and St. Mary was placed under the jurisdiction of Georgia, there had always existed some question as to the south- ern boundary of the province, and the intermediate region was known as a disputed territory to the ownership of which Georgia and Florida each claimed a right to the exclusion of the other.
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