USA > Georgia > The history of Georgia, Volume II > Part 13
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"III. That we will promote the raising of cotton and flax, and encourage spinning and weaving.
"IV. That we will upon no pretense, either upon our own account or on commission, import into this Province any of the manufactures of Great Britain, or European or East India goods, other than may be shipped in consequence of former orders, ex- cept only cloth, not exceeding 1$ 4ª pr yard, osnabrigs, canvass, cordage, drugs, and hardware of all sorts, paper not exceeding 10s pr ream, fire arms, gunpowder, shot, lead, flints, salt, salt- petre, coals, printed . books and pamphlets, white and striped flannels, not above 93 pr yard, white linen not above 15 8ª pr yard, woollen and thread hose not exceeding 248 pr doz : striped cotton not exceeding 1$ 4ª pr yard, checks not above 1$ 3ª per yard, felt hats not above 48s pr doz: bolting cloths, mill and grind stones, cotton and wool cards, and wire, thread not above 8$ pr lb., shoes not above 48$ per doz : as also the following goods necessary for the Indian Trade, viz. strouds, vermilion, beads, looking glasses, and paint. And exclusive of these arti- cles we do solemnly promise and declare that we will immediately countermand all orders to our correspondents in Great Britain for shipping any goods, wares, and merchandize other than here- inbefore excepted, and will sell and dispose of the goods we now or hereafter may have at the same rates and prices as before.
" V. That we will neither purchase nor give mourning at funerals.
"VI. That from and after the 1st June 1770 we will not import, buy, or sell, any negroes that shall be brought into this Province from Africa, nor after the 1st of January next any negroes from the West Indies or any other place excepting from Africa afore- said. And if any goods or negroes be sent to us contrary to our agreement in this subscription, such goods shall be reshipped or stored, and such negroes reshipped from this Province and not by any means offered for sale therein.
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JONATIIAN BRYAN REMOVED FROM OFFICE.
" VII. That we will not import on our own account or on commission, or purchase from any masters of vessels, transient persons, or non-subscribers, any wines after the 1st March next.
" VIII. That we will not purchase any negroes imported, or any goods, wares, or merchandize, from any resident of this Percings, in cuiun person, that shall refuse or neglect to sign this agreement within 5 weeks from the date thereof, except it appear he shall have been unavoidably prevented from so doing. And every person signing and not strictly adhering to the same according to the true intent and meaning thereof, and also every non subscriber, shall be looked upon as no friend to his country."
Mr. Bryan, who presided at the meeting, was at the time a member of his majesty's council for the province of Georgia. These non-importation resolutions produced a decided effect upon the public mind, and were generally indorsed. The estrangement between Great Britain and her colonies was rapidly becoming more manifest, and but little effort was made on the part of Eng- land to conciliate her disaffected provinces. When informed of the action of the Savannah meeting the king was much incensed. Manifesting his disapprobation of the combination then formed, he was pleased, on the 9th of December, 1769, through the Earl of Hillsborough, to order that Mr. Bryan "should be immediately suspended from his seat at the Council Board, and removed from any office he might hold in Georgia : " it being the determination of his majesty to discountenance "every measure that tended to violate the Constitution and excite opposition to the laws."1 Thus, in the person of the Honorable Jonathan Bryan, a pure patriot, an influential citizen, and a brave man, do we record the first instance of political martyrdom in Georgia. His deposi- tion,2 so far from intimidating the "Liberty Boys," caused their numbers to multiply and their hearts to grow stronger.
On the 16th of November, 1769, the Commons House of Assem- bly memorialized the governor upon the expediency of issuing writs for the election of representatives from the four southern parishes, St. David, St. Patrick, St. Thomas, and St. Mary, which had been carved out of the recently acquired lands lying between the rivers Alatamaha and St. Mary. It was urged upon the con- sideration of his excellency that the inhabitants of those parishes
1 See Letter of the Earl of Hillsborough to Gorernor Wright, dated Whitehall, 9th December, 1769.
' His removal from his seat at the
Council Board was reported by Governor Wright in a letter to the Earl of Hills- borough, dated Savannah, Ist March, 1770.
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TIIE HISTORY OF GEORGIA.
were deprived of the inestimable privilege and right of consent- ing, through their representatives, to the framing of laws affecting their persons and property, and that unless the freeholders inhab- iting that territory were admitted to an equal representation, the House would be unable to apportion the taxes intelligently and fairly. The governor, while admitting it to be certainly just that each parish in the province should be represented, expressed a doubt as to his power to grant the writs requested because, under existing instructions, he was directed neither to increase nor to diminish the membership of the assembly. He promised, however, to reflect upon the application ; and, if he came to the conclusion that he could not grant the request, he intimated that he would submit the matter for the consideration of the home au- thorities and invoke their permission to order the elections.1 Upon conferring with Council, Governor Wright was advised by that body that he did not possess the authority to issue the writs of election as prayed for. It was therefore deemed proper to refer the subject to the consideration of the general government, and to invoke definite instructions.
No response having been received, the Commons House of As- sembly, on the 20th of March, 1770, again addressed the governor in relation to the matter. " A partial representation," said the members, "is a measure unknown in any part of his Majesty's dominions, and entirely inconsistent with the bulwark of our lib- erties, the glorious Bill of Rights, the pride of our Nation and the envy of the rest of mankind." Making a personal applica- tion of the principle for which Georgia in common with her sister American colonies was then earnestly contending, that taxation without representation was intolerable, unjust, and without war- rant, they concluded thus : " Under these circumstances unless your Excellency coincides with us, we dare not impose a general tax, knowing with what abhorrence every member of our com- munity holds the idea of a partial representation."
A second time did the governor ask advice of his council, and again did they, in a carefully considered response, reiterate the opinion expressed on a former occasion.2
The application for authority to issue writs of election for the four parishes was at first refused by the king,3 and the matter
1 Sce Answer of the Governor to the Ad- dress of the Commons House of Assembly, November 16, 1709.
2 See Address of the Council to the Gov- ernor, dated March 12, 1770.
8 See Letter of the Earl of Hillsborough to Gorernor Wright, dated Whitehall, July 31, 1770.
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LEGISLATIVE DISAGREEMENTS.
remained in abeyance until the 11th of December, 1770, when, upon further reflection, his majesty signified his willingness that those parishes should be represented in the Commons House of Assembly. He also empowered the governor, if so requested by the council and assembly, to assent to a bill " allowing a right of voting to the proprietors of Town Lots paying a tax equal to the tax on 50 acres of land, to which property the qualification of an elector is at present confined : secondly, directing the mode of voting to be by ballot, which now is viva voce : and thirdly, qualifying persons possessed of £300 value in houses, buildings, town lots, or any lands in any part of the Province, to serve as Representatives, whereas the qualification is now confined to an ownership of 500 acres of land." 1
Constant was the struggle and frequent were the disagreements between the Governor and Council and the Commons House of Assembly. The latter body, coming directly from the people and reflecting the revolutionary sentiments of the masses, was al- ways tenacious of its rights, intolerant of executive interference, and aggressive in its assertion of legislative power and political freedom. Although time and again dissolved because, in the judgment of the Crown officers, the Lower House of Assembly was arrogating to itself the prerogatives of Parliament, defying the laws of England, and exercising privileges beyond those accorded by royal instructions, each new House of Assembly surpassed its predecessor in an exhibition of independent thought and action, and manifested signs more emphatic of a determination to con- trol the political fortunes of the province.
Upon the convocation of the General Assembly of 1770, Dr. Noble W. Jones, son of Colonel Noble Jones, whose name and services had been intimately and honorably associated with the colony of Georgia from its earliest inception under Oglethorpe, was elected speaker of the Lower House. So pronounced and influential had been his views and conduct in opposition to some of the oppressive acts of Parliament that Governor Wright, ex- ercising the power vested in him, refused to sanction this choice and ordered the House to select another speaker.
Incensed at the affront offered to him who has been aptly styled " one of the morning stars of liberty in Georgia," and resenting what they deemed an unwarrantablo interference with
1 See Letter from the Lords of Trade to borough to Governor Wright, dated Whito- the King, dated Whitehall, November, hall, December 11, 1770.
23, 1770. Letter from the Earl of Hills-
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THE HISTORY OF GEORGIA.
the power resting solely with them to nominate their own presid- ing officer, the members of the House passed resolutions compli- mentary to Dr. Jones, and declared " that the sense and approba- tion this House entertain of his conduct can never be lessened by any slight cast upon him in opposition to the unanimous voice of the Commons House of Assembly in particular and the Prov- ince in general." Criticising the action of the executive they resolved " that this rejection by the Governor of a Speaker, unanimously elected, was a high breach of the privileges of the House, and tended to subvert the most valuable rights and liber- ties of the people and their representatives." This bold asser- tion the council was pleased to stigmatize as " a most indecent and insolent denial of his Majesty's authority," and the governor, wielding the only punitive weapon at command, dissolved the . assembly on the 22d of February, 1770.1
Having purchased valuable lands, introduced many negro slaves, and settled several plantations in the province, anxious to devote some time to the advancement of his private affairs, and wishing to visit England, Governor Wright, on the 3d of July, 1769, applied for a leave of absence for a year ; that leave to be- come operative not sooner than the spring of 1770.2 In submit- ting this application he remarked to the Earl of Hillsborough : " Mr. Habersham, the Secretary of the Province, who is the President, or eldest Councillor, is a gentleman of property, no Liberty Boy, but a firm friend to Government, and a very worthy, honest man. He has been in the Province from nearly its first settling, and must therefore know the people, and I think him of sufficient ability to fill up a short vacancy, especially when things are in an orderly way."
This request was granted, and a royal license issued on the 2d of November, 1769.3 In forwarding it to Governor Wright the Earl of Hillsborough said : "I hope that Mr. Habersham's con- duct in the administration of government during your absence will justify the favorable report you made of him, and that it will not be found necessary to send out a Lieutenant Governor." No better selection could have been made on the part of the Crown.
It was not until the 10th of July, 1771, that Governor Wright availed himself of his leave of absence.4 Three days afterwards
1 See Stevens' History of Georgia, vol. ii. p. 71. Philadelphia. 1859.
2 Sec Letter of Governor Wright to the Earl of Hillsborough, dated Savannah, July 3, 1769.
8 Letter of the Earl of Hillsborough to
Governor Wright, dated Whitehall, 2d November, 1769.
4 Seo Letter of James Habersham to the Earl of Hillsborough, dated Savannah in Georgia, 3d August, 1771.
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JAMES HABERSHAM, GOVERNOR.
Mr. Habersham took the usual oaths of office and entered upon the discharge of the gubernatorial duties. His official title was "President and Commander-in-chief of his Majesty's Province of Georgia, Chancellor, Vice-Admiral, and Ordinary of the same for the time being." His personal acquaintance with the inhabit- ants, his thorough knowledge of the history, development, and wants of the colony, his long experience in the conduct of its public affairs, the purity of his character, and the high esteem in which he was held, admirably fitted him for this responsible position. He was also the firm friend of law, order, and of the British Constitution. Of his loyalty to the king there could be no doubt, and all his avowed affiliations were, at the time, with those who obeyed the acts of Parliament and maintained their allegiance to the throne of England.
It excites no wonder that many of the wealthiest and most in- fluential citizens of Georgia should have tenaciously clung to the fortunes of the Crown and sincerely deprecated all idea of a sep- aration from the mother country. Of all the American colonies this province had subsisted most generously upon royal bounty, and had been the recipient of favors far beyond those extended to sister plantations.
CHAPTER VII.
IRISH IMMIGRATION. - QUEENSBURY. - ANTHONY STOKES. - NOBLE W. JONES. - ARCHIBALD BULLOCH. - GOVERNOR HABERSHAM'S ADDRESS TO THE GENERAL ASSEMBLY. - DISSOLUTION OF THE ASSEMBLY. - COMPO- SITION OF THE ASSEMBLY. - GOVERNOR WRIGHT COMPLIMENTED WITH A BARONETCY. - JAMES HABERSHAM AND NOBLE W. JONES. - CESSION OF LANDS, AT AUGUSTA, IN 1773, BY THE CREEKS AND CHEROKEES IN EXTINGUISHIMENT OF THE DEBTS DUE BY THEM TO THE TRADERS. - GOVERNOR WRIGIIT'S PROCLAMATION COMMENDING THE COLONIZATION OF THE NEWLY ACQUIRED TERRITORY. - FORT JAMES. - DARTMOUTHI. - PETERSBURG. - HOSTILITIES INAUGURATED BY THE CREEKS. - SHERRALL'S FORT ATTACKED. - BIG ELK. - HEAD TURKEY MURDERED. - PEACE PROCLAIMED AT A CONGRESS HELD IN SAVANNAH IN OCTOBER, 1774. - TREATY STIPULATIONS. - GALPIIN'S CLAIM. - GEORGIA IN 1773. - CIVIL ESTABLISHMENT OF THE COLONY. - JONATHAN BRYAN'S EFFORT TO PUR- CHASE THE "APPALACHE OLD FIELDS."
IN March, 1768, the General Assembly passed an act " en- couraging settlers to come into the Province." That substantial aid might be rendered to those who sought to avail themselves of its provisions, the sum of £1,815 sterling was appropriated to be disbursed in certificates by commissioners named for that pur- pose. Contrary to the expectation of the colonists this act was returned disapproved by the king. Meanwhile, resting upon the inducements extended in that bill, and encouraged by Messrs. Galphin and Rae, one hundred and seven Irish Protestants came to Georgia in December of that year. It was necessary that they should be cared for. The public faith of the colony, as expressed in the intentions of the legislature, stood pledged for their ac- commodation and assistance. During the recess of the legis- lature the governor and council, without hesitation, provided homes for them in the fork of Lambert Creek and the Great Ogeechee River, looking to the next General Assembly to reim- burse them for all expenditures in this behalf, and in feeding these new-comers until they could clear their farms and plant and gather their crops. The town which they there builded was called Queensbury, and DeBrahm describes it as " inhabited by
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THE SPIRIT OF LIBERTY.
about 70, and its environs by above 200 families, mostly Irish, from which it is generally called the Irish settlement." 1
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Greene, the attorney-general, having resigned, James Hume was appointed as his successor. Charles Watson, for many years the efficient clerk of council, died, and Mr. Alexander Wylly was chosen in his stead. Anthony Stokes, an accomplished ju- rist and an honest man, was now the chief justice of the colony. Under his supervision the laws of the land were impartially and ably administered. The province prospered. Good order pre- vailed. Person and property were secure. An occasional alarm on the confines, a quarrel here and there in the Indian territory between some trader and the natives, was all that disturbed the apparent calm. And yet the heart of Georgia was deeply stirred. Earnest and emphatic were the protests against the encroach- ments of Parliament, but they were one and all couched in terms most respectful. In the language of Governor Wright, the pub- lic meetings, although presided over and managed by "Liberty Boys," were " without noise or disturbance," and the province was in every respect orderly and tranquil.2 There still lingered a love for the home government, an affection for the king, and a strong hope that the grievances complained of would be speed- ily and effectually redressed by England. Many there were who believed that the ministry did not seriously contemplate the dis- tress and oppression of America. Even the most violent in their strictures and resolves did not yet anticipate an open rupture, or prophesy a separation from the mother country. At first retali- atory measures were devised and supported, not so much with a view to an assertion of independence as with the intention of foreing the ministry to a reconsideration of obnoxious acts, and of preserving unimpaired rights which were esteemed inviolable. The idea of a distinct nationality, however, was expanding ; and, as revolutions never turn backward, agencies and sentiments were at work which were destined at no distant day to rob the British Crown of some of its fairest jewels. In his famous speech on conciliation with America, Burke thus alludes to these influ- ences : "Then, Sir, from these six capital sources, of descent, of form of government, of religion in the Northern provinces, of manners in the Southern, of education, of the remoteness of situa- tion from the first mover of government, from all these causes a
1 History of the Province of Georgia, etc.,
2 Letter of Governor Wright to the Earl pp. 25, 26. Wormsloo. MDCCCXLIX. of Hillsborough, dated September 20, 1769. Minutes of Council, December 9, 1768.
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THE HISTORY OF GEORGIA.
fierce spirit of liberty has grown up. It has grown with the growth of the people in your colonies, and increased with the in- crease of their wealth : a spirit that, unhappily meeting with an exercise of power in England which, however lawful, is not rec- oncilable to any ideas of liberty, much less with theirs, has kindled this flame that is ready to consume us." 1
The first session of the eighth General Assembly of the prov- ince of Georgia occurred at Savannah on the 21st of April, 1772. In perfecting its organization the Commons House elected Dr. Noble Wimberley Jones as its speaker. Officially informed of this action, Governor Habersham responded : "I have his Maj- esty's commands to put a negative on the Speaker now elected by the Commons House, which I accordingly do: and desire that you will inform the House that I direct them to proceed to a new choice of Speaker."
After some time a message from the House was brought by Mr. . Bulloch and Mr. Farley to his excellency, acquainting him with the fact that the Commons House " had proceeded to a second choice of a speaker and had reelected Noble Wimberley Jones, Esq., and desired to know when his Honor would please that the House should attend him to present their Speaker." In reply the governor again disapproved of the choice the House had made, and directed that body to " proceed to the selection of some other person as speaker." 2
In the afternoon of the following day a committee from the House, consisting of Mr. LeConte and Mr. Farley, waited upon the governor and communicated to him the election of Archibald Bulloch as speaker of the Commons House. This choice having been approved, and the General Assembly being ready to pro- ceed to business, Governor Habersham delivered the following address : -
" His Majesty having been pleased to grant his Excellency Governor Wright leave of absence to go to Great Britain, the government of this Province, on his Excellency's departure, de- volved upon me. I am very sensible of the high and impor- tant trust committed to me, which calls for the utmost exertion of my best abilities to discharge so as to approve myself to our most gracious Sovereign by promoting the true interest and prosperity of his good subjects in this Province, to effect which you may depend on my most sincero and unwearied endeavours.
1 Works of Edmund Burke, vol. ii.
p. 126. Boston. 1806.
2 See Journals of the House.
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MESSAGE OF GOVERNOR HABERSIIAM.
My long residence in this Province, and the strong attachment I must have for its welfare from motives obvious to you, must make it extremely grateful to me to be in the least instrumental in furthering its growing prosperity, in which I am persuaded I shall have the candid advice and assistance of you Gentlemen, and of every Friend of this Country." He then proceeded to inform the General Assembly that he " had it in command from the King" to signify his majesty's disapprobation of the conduct of the last assembly in denying the right of the governor to negative the choice of a speaker. After bringing to the notice of the General Assembly several needful laws which required reenactment, and having advised the members that the Creek Indians had responded to the demand made upon them and publicly executed the Indian who murdered John Carey of Queensborough, he invited the members, by suitable legislation, to maintain the public faith and credit of the province. The address concluded with the following exhortation : "Suffer me, Gentlemen, to persuade you to pursue peace and harmony, and carefully to avoid all unnecessary altercations which can only tend to delay business and destroy that candour, unanimity, and confidence so necessary to promote the general good for which end you meet in General Assembly ; and you may depend upon my hearty concurrence in every measure that may conduce to the service of his Majesty and the welfare of the Province, which are inseparable." In responding to this speech the assembly, after thanking the governor for his courteous words, expressed great satisfaction that the government of the province had, "in the absence of Governor Wright, devolved upon a Gentleman of your Honour's well known character and attachment to the real welfare of Georgia, from whence we entertain the firmest confidence that to promote its growing prosperity will be the favorite object of your administration ; and you may be assured that we shall most readily and cheerfully concur with your Honour in every measure that may contribute to so desirable an end."
These pleasant promises of amicable relations between the governor and the assembly were speedily broken. Upon inspect- ing the journal of the House, Governor Habersham ascertained that, in the face of his second disapproval, the House had a third time elected Dr. Jones as speaker, and that it was only in conse- quence of his declining to accept the position that the members made choice of Mr. Archibald Bulloch. He thereupon, on Sat- urday, the 25th of April, sent in this message : -
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العبورمنه أو لاء المرشح عبدالله !
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THE HISTORY OF GEORGIA.
" Mr. Speaker, and Gentlemen of the Assembly.
"I am extremely sorry to find by your Journals that some very exceptionable minutes are entered. I particularly mean your third choice of Noble Wimberly Jones Esqr as your Speaker, upon whom I had, agreeable to his Majesty's express instruc- tions, twice put a negative, and that your choice of your present Speaker was only in consequence of his declining the chair. If this minute is to stand upon your Journals I have no choice left but to proceed to an immediate dissolution. I desire therefore that you will come to a present and speedy determination to recede from it. If you do, I shall, with the most unfeigned satis- faction, proceed to business which you cannot but be sensible will be of the highest advantage to the Province. I shall expect your immediate answer to this message that my conduct may be regu- lated by it: and shall for that purpose remain in the Council Chamber."
To this plucky communication the House promptly responded : - ." May it please your Honour.
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