USA > Georgia > The history of Georgia, Volume II > Part 11
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"I well remember what Sempiaffe said at the Congress, which was much as you have mentioned, and he also said he would take away their goods from them, but he was told he must not take away the goods or horses of any that he found trading in the woods, but must complain of them to the Governor. And so I say now. And if I can get proof against any I will certainly punish them and take away their licenses if granted by me. And therefore I again desire to know if you can tell mo the names of any that have so traded.
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"It was also mentioned at the Congress that the path should continue to be kept open, straight, and white, from the Indian towns to the white people's : and I hope they will always remain so, that our friends, the Indians, may have no difficulty in coming to see us. I know perfectly well that the vagrant Virginians are a set of very bad people, and that they not only steal the Indians' horses but the white people's, and do many other injuries to both, and as often as we can catch any of them and get proof against them for stealing horses or cattle we hang them, and two of them were hanged here last summer.
" The Great King's subjects are all at full liberty to go where they please and cannot be confined to any particular country : therefore we cannot prevent the Virginians from coming into this Province. That is not in my power to do, but you may depend upon it I will punish and hang them whenever I can get sufficient proof against them according to our law. And notwithstanding the difficulties I have mentioned, yet you may depend upon it I will be very diligent and active in trying to redress the griev- ances complained of, and I hope I shall be able to do it: but a thing of that kind cannot be done all at once, and will take time, so that you must have a little patience. That as these things have been more particularly and immediately under the direction and charge of the Superintendent for some time past, I have not interfered in them : but now that the Superintendent has done with matters of trade, and they are left to the Governors, I will do everything that I possibly can to rectify the abuses &c. com- plained of.
" And now having answered all your talk I must thank you for your readiness in delivering up the fugitive negroes that were in your towns, (agreeable to my talk, ) and I must again request that whenever any more are discovered to be amongst you, whether they have run away or been carried up by any of your people, they may be immediately sent back. I shall be answer- able for the reward agreed to be given in such cases."
The conference ended, Governor Wright, in token of friend- ship and as an evidence of the confidence he reposed in the loy- alty and courage of Emisteseegoe, presented him with a commis- sion under the seal of the province. Thus patiently did his excellency hearken unto the complaints of the Indians, ascertain their grievances, sympathize in their annoyances, render them sensible of their rights, exert himself to redress their wrongs, and strive to keep the path "clean, white, and unstained," which led from the cabin of the colonist to the wigwam of the savage.
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CHARACTER OF GOVERNOR WRIGHT. 1
He was an admirable governor, faithful and intelligent in the discharge of his official duties, thrifty in his private affairs, ob- servant of contracts, earnest in the advancement of the best inter- ests of the province committed to his care, gentle and just in his intercourse with his Indian neighbors, wise in counsel, brave of heart, loyal to his king, and intolerant of those republican prin- ciples which were soon to dominate in the hearts of the American colonies even to the subversion of the allegiance which bound them to the parent realm.
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CHAPTER VI.
ENGLAND DOES NOT ABANDON HER DETERMINATION TO TAX THE AMERICAN COLONIES. - OPPOSITION OF TIIE COMMONS HOUSE OF ASSEMBLY TO PAR- LIAMENTARY RULE. - LEGISLATIVE TROUBLES. - THE BREACH WIDENS. - BENJAMIN FRANKLIN APPOINTED "AGENT TO SOLICIT THE AFFAIRS OF THE COLONY."- WYLLY'S RESPONSE TO THE COMMUNICATION FROM TIIE MASSACHUSETTS HOUSE OF REPRESENTATIVES. - GOVERNOR WRIGHT'S REPORT TO THE EARL OF HILLSBOROUGH ON THE CONDITION OF AFFAIRS. - GEORGIA INDORSES THE RESOLUTIONS ADOPTED BY MASSACHUSETTS AND VIRGINIA. - GOVERNOR WRIGHT DISSOLVES THE ASSEMBLY. - ADDRESS OF THE COMMONS HOUSE OF ASSEMBLY TO THE KING. - REMARKABLE LETTER OF GOVERNOR WRIGHT TO THE EARL OF HILLSBOROUGHI. - MEET- ING OF MERCHANTS AT THE RESIDENCE OF MR. CREIGHTON. - NON- IMPORTATION RESOLUTIONS ADOPTED AT A PUBLIC MEETING OF TIIE CITIZENS OF SAVANNAH. - JONATHAN BRYAN SUSPENDED FROM OFFICE .- THE FOUR SOUTHERN PARISHES DEMAND REPRESENTATION. - GOVERNOR WRIGHT REFUSES TO SANCTION THIE CHOICE OF NOBLE W. JONES AS SPEAKER OF THE ASSEMBLY. - LEAVE OF ABSENCE GRANTED TO GOVERNOR WRIGHT, AND MR. HABERSHAM ASSUMES THE REINS OF GOVERNMENT.
WITH the repeal of the Stamp Act of 1765 George III. was thoroughly dissatisfied. He did not hesitate to characterize the proceeding as "a fatal compliance " which had placed thorns under his pillow and wounded the majesty of England. Although Parliament receded from the position at first taken in regard to stamp duties in America, the "Sugar " and the " Quartering " acts still remained of force. Townshend also framed a bill which specified paints, paper, glass, and lead, all articles of British fabrication, as subjects for custom-house taxation in the colonies. The exportation of tea to America was encouraged by legislation which permitted, for a period of five years, a drawback of the whole duty payable on the importation. These statutes clearly evinced, to the apprehension of the colonists, a determination on the part of the British government to raise a parliamentary revenue in America, and united them in the opinion, advanced by Otis, "that taxes on trade, if designed to raise a revenue, were just as much a violation of their rights as any other taxes." In his " Letters from a Farmer in Pennsylvania to the Inhabitants of the British Colonies," which enjoyed a large circulation in
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America and were reprinted in London by Benjamin Franklin, John Dickinson clearly demonstrated the " danger of allowing any precedent of parliamentary taxation to be established on grounds no matter how specious, or to any extent no matter how tritling."
Franklin gave expression to the growing resolution of the colonists to deny the power of the British legislature to intervene in their affairs when he said, " I will freely spend nineteen shil- lings in the pound to defend my right of giving or refusing the other shilling."
With the eclipse of Chatham, Charles Townshend, " lord of the ascendant," thus announced his policy of coercion : "Let us deliberate no longer ; let us act with vigor now while we can call the Colonies ours. If you do not, they will very soon be lost forever." It was in vain that Fox prophesied with all the earnest- neas of his splendid eloquence, " If you persist in your right to tax the Americans you will force them into open rebellion ; " and it was to no purpose that Burke reminded his compeers that the American colonies were the children of England, and that when they asked for bread they should not be turned away with a stone. Virginia and Massachusetts were maturing their reso- lutions of non-importation which were subsequently adopted by Georgia. South Carolina openly advocated resistance, in every form, to taxation without representation. New York was equally pronounced in her views. Agents of the colonies were busy in England with their protests, and colonial legislatures fatigued the ear of majesty with memorials for a repeal of the obnoxious acts. Georgia applauded the doctrines advanced by the " Pennsylvania Farmer," and although some of her influential and wealthy citizens sided with the Crown, by far the greater number of her people delighted to be known as " Liberty Boys." True to his king, Governor Wright justified and supported all acts of Par- liament, and this loyalty brought him in conflict with the General Assembly of the province. His correspondence at this time is largely occupied with a narrative of these legislative troubles.
On the 16th of January, 1767, he received a communication from Captain Phillips who, by General Gage's orders, was then commanding detachments of his majesty's Royal American Reg- iment stationed in South Carolina and Georgia, inquiring where he should apply for such supplies for his troops as were author- ized by the terms of the Mutiny Act. Four days afterwards the governor transmitted to the General Assembly a special VOL. II. · 7
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message on the subject, accompanying it with an extract from Captain Phillips' letter indicating what supplies were needed, and also with a copy of the Mutiny Act. The Upper House promptly responded assuring his excellency that they would cheerfully concur with the Commons House in the adoption of any measure which might be adjudged expedient to carry into execution the matters recommended.1 From the Lower House of Assembly, however, came no answer. Irritated at the delay, the governor sent for two members of that body and informed them that if an answer was not forthwith returned he should feel obliged to issue a second message in which he would probably mention some things which would not prove entirely pleasant. On the 18th of February the Lower House submitted an address in which, after professing "loyalty, duty, and affection to their most gracious Sovereign, and their respect for the British Parlia- ment," they humbly conceived that a compliance with the requi- sition contained in the message of his excellency " would be a violation of the trust reposed in them by their constituents," and would establish a precedent they by no means thought them- selves justified in introducing. Thus boldly did the representa- tives of the people refuse to obey the act of Parliament, and set at naught the wish and the authority of the royal governor. Incensed at their conduct, he still refrained from entering into an altercation with them, and contented himself with transmit- ting an account of the proceedings to his majesty's ministers. In his communication to the Earl of Shelburne 2 he assigns as a reason for not dissolving the assembly on the instant that there were several members in it who were disposed to support the government, and that if a new assembly were convened, he was of opinion it would be composed wholly of " what they call Sons of Liberty, that is in fact, my Lord, Sons of Licentiousness, and such as were disposed to strike at the Sovereignty of Great Britain."
The disposition of the Lower House to oppose the acts of Parliament and to refuse obedience to them was further mani- fested on this wise. Two bills had passed the General Assembly for the establishment of ferries. They did not provide, however, for transporting postmen without detention and free of charge, as directed by the statute of the 9th of Queen Anne, cap. 10, sec. 29. Perceiving the omission, the governor requested the coun-
1 Sco Address of the Upper House, dated Jan. 20, 1767.
2 Dated at Savannah, April 6, 1767.
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cil, as an Upper House, to prepare an amendment which would meet the requirements of the act. This was done. Upon a con- ference, the Lower House refused to acquiesce in the amendment," and so the bills were lost. The members of the assembly placed their dissent upon the broad ground that they would not submit to an enforcement of the act of Parliament alluded to.
In view of this conduct, Governor Wright felt constrained to assure the Earl of Shelburne that the sovereignty of Great Britain in America had received a wound from which it could scarcely recover, and that, in his judgment, the acts of Parlia- ment would in future possess little weight in the American prov- incor.
In his response, his Lordship, who was then his majesty's principal secretary for the Southern colonies, expresses astonish- ment at the conduct of a province which had been so highly favored and signally protected by the mother country, and adds, "I have it in command from his Majesty to inform you that he expects and requires the Commons House of Assembly in Geor- gia to render an exact and complete obedience in all respects whatever to the terms of the Mutiny Act." In order to punish the colony for the refusal of its representatives to furnish the supplies for the troops under the command of Captain Phillips, General Gage ordered a withdrawal of all the king's forces from the province. Alarmed at the abandonment of the forts and the defenseless condition of Georgia, the Commons House of As- sembly, at its next session, reversed the action of its predecessor, and voted such pay and supplies as sufficed for the maintenance of a small force to man the principal fortifications and to form a nucleus of protection in case of servile insurrection or of an invasion by the Indians.
Another dispute between the governor and council and the Lower House arose in regard to the appointment of Mr. Samuel Grath as agent "to solicit the affairs of the Province in Eng- land." The former agent, Mr. Knox, had been displaced. His excellency was desirous that the vacancy, thus caused, should be filled by the selection of Mr. Cumberland. Disregarding his wish, the Commons House of Assembly conferred the appoint- ment upon Mr. Grath, who already held the ageney for the prov- ince of South Carolina. Persuaded that it would be not only dithieult, but also well-nigh impossible for him properly to repre- sent the two colonies whose interests were sometimes not in com- mon, the governor and council refused to sanetion this choice and
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used their influence "to prevent his being accredited, as agent of Georgia, by any of the Boards in London."
The Lower House saw fit to widen the existing breach by treating the governor with additional discourtesy.
On the 5th of February, 1767, the principal merchants of Georgia submitted a petition to the General Assembly in which they stated that in consequence of the rapid increase of popula- tion, the expansion of commerce, and the settlement of East Florida, which drew its supplies in large measure from-Georgia, the province was suffering from an insufficiency of currency ; that there was little coin in the country ; and that the amount of currency sanctioned by the Crown and emitted by the colonial government was wholly inadequate for the purposes of trade. They therefore applied to the General Assembly for relief.
Upon consideration it was agreed by the legislature that a petition should be transmitted to the king and Parliament pray- ing a repeal of the act forbidding the issuing of paper currency in America, and requesting that Governor Wright be instructed to give his assent to a bill calling in the outstanding issue of £7,410, and authorizing a new issue of £22,000 to answer the financial needs of the province.
Believing that relief was proper, but deeming the sum sug- gested too large, Governor Wright refused to sanction the pro- posed issue to a greater amount than £12,000. In giving his reasons for this impression he stated that the skin trade of the province, which was very considerable, was carried on without money ; that those skins were, by the Indians, bartered for goods supplied by the traders ; that the principal articles for which money was paid were rice and lumber, and that even these were largely used by way of exchange with merchants from abroad who furnished negroes, dry goods, groceries, etc .; and that his fear was, if the paper currency of the province should be thus inflated, instead of exchange remaining at par it would be in- juriously affected. Notwithstanding these objections the Gen- eral Assembly allowed the petition and forwarded it, not through the governor, but directly to the colonial agent in London for presentation to his majesty. His excellency was justly incensed at the irregularity and discourtesy of this proceeding. In a com- munication to the Secretary of State he commented " on the im- proprioty of this application being made by the Assembly alone, and solicited by a gentleman whom they alone take upon them- selves to nominate Agent for the Province of Georgia : a thing I
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believe never before attempted in any Province on the Continent of America."
The prayer of the petitioners was denied. Whatever the mer- its of the case may have been, conduct so irregular could not hope to win the favor of the king.
The refusal of his majesty to sanction two acts passed by the General Assembly and approved by the governor - one provid- ing for the more efficient control of the slave population, and the other encouraging settlers to come into the province - greatly disturbed the public mind and tended still further to alienate the affections of the colonists. Thus prevented from the enactment of laws designed to enlarge the commerce and population of the province, and to confirm its internal peace and good order, the people and their representatives became irritated to such a degree. that his excellency, almost in despair, declared " though he had hitherto kept the Assembly within tolerably decent bounds, yet that he had lately discovered more than ever a strong propensity to be as considerable and independent, as they term it, of the British Parliament, or of the sovereignty of Great Britain, as any of the Northern Colonies."
This utter dependence upon the will of the home government in all legislative matters, and the delays which often occurred in securing the requisite sanction for colonial laws so that they might become operative, each year proved more onerous. In- creasing in population and wealth, and daily becoming more con- scious of her self-sustaining abilities, Georgia, in common with her sister colonies, already yearned for independence and craved liberation from parliamentary rule. The necessity that every law should be sent to England for confirmation before it could require force and vitality in the province where it was enacted often caused serious hindrance, and not infrequently retarded the administration of important governmental affairs. When enacted by the General Assembly the bill was first submitted for the ap- probation of the colonial governor. If by him vetoed, it gener- ally there died an early death. If assented to, it was forwarded to London where it was referred to the king's attorney for a re- port. When returned by him, without objection, to the Lords Commissioners of Trade and Plantations, it was subjected to the scrutiny of that board. If by it approved, the act was then transmitted to the king's council. Passing the inspection of this august body, it received the sign manual of the king and there- upon became a law. Returned to the Board of Trade, it was
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placed in the hands of the Crown agent, who dispatched it to the colonial governor. Sometimes a delay of two years would inter- vene between the date of the passage of the act by the Colo- nial General Assembly and a formal notification of its having received the sanction of the Crown.1
Of the eight thousand slaves at this time owned and employed in the province of Georgia, nine hundred and fifty-four were the property of the governor and council. The members of the Com- mon Council being men of substance, character, and influence, holding their positions by direct appointment from the Crown, and acting as the special advisers of the governor, were, as might reasonably be expected, more conservative in their views and more frequently in sympathy with the wishes of Parliament than the members of the Lower House, who, drawn from and elected by the people, naturally reflected the temper and sentiments of their constituents. This latter body was always aggressive dur- ing this period of political unrest. From its deliberations and declarations of rights sprang the main opposition to the acts of Parliament.
In April, 1768, the province was fortunate in securing the services of Dr. Benjamin Franklin as an agent "to represent, solicit, and transact its affairs in Great Britain." His appoint- ment was assented to by Governor Wright. A committee, con- sisting on the part of the Council of James Habersham, Noble Jones, James Edward Powell, Lewis Johnson, and Clement Martin, and on the part of the Commons House of Assembly of John Mullryne, John Smith, Noble Wimberley Jones, John Milledge, John Simpson, Archibald Bullock, William Ewen, and Joseph Gibbons, was appointed to correspond with him "and give him such orders and instructions from time to time as they shall judge to be for the service of this Province." His salary was fixed at £100 over and above all reasonable charges and disbursements.
Although this appointment was only for a year,2 it was subse- quently enlarged, and Dr. Franklin continued to represent the colony until the outbreak of the Revolution put an end to his labors in this behalf. Hitherto, the Commons House of Assem-
1 Compare Stevens' History of Georgia, vol. ii. p. 62. Philadelphia. 1859.
2 See an ordinance appointing Benja- min Franklin, Esq., agent to solicit the affairs of the province in Great Britain, contained among the Acts passed by the
General Assembly of Georgia at a Session begun and holden at Sacannah on Mon- day, the 26th day of October, Anno Domini 1767, etc., pp. 31, 32. Savannah. Printed by James Johnston.
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bly claimed and exercised the exclusive right of nominating an agent, and had in more than one instance acted in direct opposi- tion to the expressed wish of the governor and council. Now, however, there was harmony in the selection of one whose repu- tation, abilities, and honesty placed him above all suspicion, and qualified him in a remarkable degree for the discharge of the trust.
On the 11th of February, 1768, the Massachusetts House of Representatives, through their speaker, addressed a circular let- ter to the several provincial assemblies recounting the grievances to which the American colonies were subjected, soliciting a union of petitions to the Houses of Parliament and to the king for re- dress, and counseling a confederation of the respective prov- inces in opposition to the oppressive acts of Great Britain. When this letter reached Savannah the General Assembly was not in session, but Mr. Alexander Wylly, late speaker of the Lower House, responded to it as follows : -
" PROVINCE OF GEORGIA, 16 June, 1768.
"Sin, - Your respected favor of the 11th of February came to hand only a few days since. I am sorry it is not in my power to give you so full and satisfactory an answer thereto as the importance of the subject requires. The Members of the present Assembly of this Province have but lately been elected ; and though the writs were returnable and the House was required to meet the first of this month, yet our Governor thought proper, prior thereto, to prorogue the Assembly until November.
" For this reason, Sir, I can only reply to your favor as a pri- vate person, or late Speaker, and inform you that before the dis- solution of the last Assembly the House took under considera- tion the several late Acts of Parliament for imposing taxes and duties on the American Colonies, and being sensibly affected thereby, ordered the committee of correspondence to instruct our Provincial Agent, Mr Benjamin Franklin, to join earnestly with the other Colonies' Agents in soliciting a repeal of those acts, and in remonstrating against any acts of the like nature for the future. These instructions have been transmitted to Mr Frank- lin and I have no doubt but he will punctually observe them. When the Assembly meets I will lay your favor before the House, and I am sure that such measures will be pursued, in consequence thereof, as will manifest their regard for constitu- tional liberty and their respeet for the House of Representatives of the Province of Massachusetts Bay whose wiso and spirited conduct is so justly admired."
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In advising the Earl of Hillsborough of the effect produced by the circular letter from Massachusetts, Governor Wright 1 says : " My Lord, Virginia has entirely concurred and, in the strongest manner, asserts what she calls her rights, and denies the Parlia- mentary authority of Great Britain as your Lordship will see by Mr. Randolph's letter of the 9th of May. The people of Mary- land have also expressly approved of that letter and say that when they apprehend their rights to be affected they will not fail boldly to assert and steadily to endeavour to maintain and sup- port them. . . . The people of New Jersey, Connecticut, and Rhode Island have also approved and answered that letter, and this, my Lord, I know is the sense and language of every Colony on the Continent, so that your Lordship sees it has had its effect already. However, your Lordship may be assured that every mean in my power shall be exerted to prevent that flagitious attempt to disturb the public peace from any further weight or
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