USA > Georgia > The history of Georgia, Volume II > Part 22
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On the 2d of August Ebenezer McCarty, charged with enlist- ing in Georgia recruits for the South Carolina regiments, was, by Chief Justice Stokes, committed without bail to the common jail of Savannah. A writ of habeas corpus having been applied for and denied, the citizens assembled, forced the jail, and liber- ated the prisoner. Not content with this, they marched through the town with drums beating and passed by the residences of 1 History of Georgia, vol. ii. p. 121. Philadelphia. 1859.
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THE PROVINCE PURGED OF ROYALISTS.
the governor and the chief justice. " Unparalleled insolence, my Lord,"1 exclaimed his excellency when pouring his complaints into the ear of the Earl of Dartmouth, "and this is the situa- tion his Majesty's Government is reduced to in the Province of Georgia."
After its seizure by the " Liberty Boys," a captain and twenty men were posted as a guard at the public magazine.
The article of association adopted by the Provincial Congress was industriously circulated throughout the province, and an op- portunity afforded to all citizens to sign it. Few there were who declined to affix their signatures. Occasionally, as in the case of Dr. Traill, of the parish of St. Philip, one was found who railed at the liberty movement and expressed contempt for the paper. Ile was ordered to depart from the province within eight days. That some intimidation was used may not be doubted, but it is very true that what Governor Wright called " the contagion " spread with wonderful rapidity and unanimity throughout the length and breadth of Georgia. The Revolutionists were in ear- nest, and it required no little nerve to withstand their arguments and appeals.
It was deemed essential to the success of the liberty cause that no officers should be retained in commission who refused or neg- lected to sign the article of association. Still maintaining a show of respect for the royal governor, George Walton, William Le Conte, Francis Harris, William Young, George Houstoun, Will- iam Ewen, John Glen, Samuel Elbert, Basil Cowper, and Joseph Clay, on behalf of the Council of Safety, on the 8th of August,. 1775, addressed a communication to his excellency Sir James Wright, asking permission that the several militia companies should be allowed to elect their own officers. It was suggested that some of them were distasteful to those whom they were ap- pointed to command. Deeming it an extraordinary application, dangerous in its tendency and calculated to wrest the control of the military from the Crown officers, Sir James sought the advice of his council. An answer was returned " that for many very substantial reasons the Governor would not comply with the re- quest."
Nothing daunted, the Council of Safety, who in reality cared but little for the mind of the governor on the subject, took the matter in their own hands, and proceeded to purge the militia of any loyal element which lurked in the ranks of its commissioned
1 Lettor dated Savannah, Georgia, 7th of August, 1775.
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THE HISTORY OF GEORGIA.
officers. Thus, in the first company of the first regiment, com- manded by Captain Quintin Pooler, Charles Lucena and John B. Randall, refusing to sign the article of association, were re- jected, and William Jones and Peter Lavein elected lieutenants in their stead. In the fourth company, Captain Stirk and Lieuten- ants William Stephens and William Johnson were dismissed for like cause, and the vacancies thus created were filled by friends to the liberty movement. In the eighth company, James Rob- ertson and James Ross were supplanted by Dr. David Brydie and Seth John Cuthbert. This reformation proceeded until it was fully ascertained that the militia of the province was officered by those who were prepared to obey the orders of the Council of Safety and stand up for the liberties of their country.
Possession was taken of the custom house in Savannah, and an officer appointed to prevent vessels from landing cargoes from England. The port was practically closed. Governor Wright appealed in vain for a sloop of war to put an end to this " most disagreeable situation."
On the 17th of September a vessel arrived from London, hav- ing on board two hundred and fifty barrels of gunpowder, most of which had been sent out by his majesty, consigned to Mr. Stuart, the superintendent, and intended as a royal present to the Indians. This was too valuable an accession to their military stores to escape the notice of the liberty people. They accord- ingly boarded the ship at Tybee, removed the powder, and, trans- porting it to Savannah, diverted it from its destination and re- tained possession of it.
A ship. coming from Senegal with a cargo of two hundred and four slaves was prevented from landing. Compelled to depart the port, the captain, in his distress, set out for St. Augustine as affording the only prospect of saving the Africans on board from death by famine.
The lamentations of Governor Wright, although frequently uttered, were as yet unheeded. "It is really a wretched State to be left in, and what it's impossible to submit to much longer, Government totally annihilated and assumed by Congresses, councils, and committees, and the greatest acts of tyranny, oppression, gross insults, &c. &c., committed, and not the least means of protection, support, or even personal safety, and these almost daily occurrences are too much, my Lord." 1
The plight of the governor was truly pitiable. In October 1 Communication to the Earl of Dartmouth, dated Savannah, September 23, 1775.
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THE KING'S GOVERNMENT OVERTIIROWN.
the stockade fort on the ceded lands, garrisoned by a party of the king's rangers, was surrounded by the inhabitants dwelling in that vicinity and its commanding officer compelled to a sur- render. Thus passed away the last shadow of military authority acknowledging allegiance to the Crown. The occupation of that post being regarded, however, as essential to the security of the region, orders were issued by the council of safety to restore its command to the rangers, who thenceforward were regarded as under the control of the Revolutionists. This occurrence upon the furtliest confines of Georgia evoked from the governor the emphatic admission, " The poison has infected the whole Prov- ince, and neither Law, Government, nor Regular Authority has any weight or is at all attended to."
Upon the assembling of the general court on the 10th of Octo- ber, ten of the jurors summoned refused to be sworn. Others " behaved very insolently," and the conduct of business was practically obstructed. Mr. Noble Jones, one of the associate justices, was then " lying extremely ill."
The only functions now exercised by the governor were those connected with proving wills and granting letters of administra- tion. In view of what had occurred and of what was daily transpiring, he might truthfully say, "There is hardly a shadow of government remaining." The royal cause was additionally afflicted by the demises of Clement Martin, Noble Jones, asso- ciate justice and treasurer of the colony, and the Honorable James Habersham, who quickly followed each other to the tomb. These gentlemen were all members of the Common Council, were the trusted friends and advisers of the governor, and had always been loyal servants of his majesty. The vacancies created were filled by the appointment of John Hume as secretary of the province in the place of Mr. Habersham, and of Lewis Johnson as treasurer in the stead of Colonel Jones. For the vacant chairs in council, Josiah Tattnall, Sir P. Houstoun, Lachlan Mc- Gillivray, and Charles William MacKinen were recommended.1
Before an answer to the communication advising the home government of the death of these gentlemen was penned, Gov- ernor Wright was a prisoner, and even the semblance of the king's authority in the province had been abruptly terminated.
The last branch of the government over which the Provincial Congress assumed control was the judicial. On the 1st of Decem-
1 Seo Letter of Sir James Wright to Secretary Lord Dartmouth, dated Savannah, November 16, 1775.
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ber, 1775, all courts of law within the colony were taken under its supervision, and a committee of fifteen was appointed to hold quarterly sessions in Savannah as a Court of Appeals "to hear and determine between the parties and sanction or prohibit pro- cesses according to the circumstances of the case." The constitu- tion of the courts of inferior jurisdiction remained unchanged. In the disturbed condition of affairs to prevent, as far as practicable, debtors from avoiding the payment of their liabilities, all persons intending to depart from their parishes or beyond the limits of Georgia were required to give such notice of their contemplated change of residence as would afford their creditors ample oppor- tunity to secure their just demands.
Mr. Hume, the king's attorney-general, declining to obey the mandate of the congress in regard to the conduct of causes in the courts, and denying the authority of that body, was or- dered to quit the province within a month. The chief justice also was cautioned to observe all congressional instructions which now practically constituted the supreme law of the land.
Before adjourning on the 11th of December, 1775, the Pro- vincial Congress appointed the following persons members of the council of safety : 1 George Walton, William Ewen, Stephen Drayton, Noble W. Jones, Basil Cowper, Edward Telfair, John Bohun Girardeau, John Smith, Jonathan Bryan, William Gib- bons, John Martin, Oliver Bowen, Ambrose Wright, Samuel Elbert, Joseph Habersham, and Francis Henry Harris. That body organized by electing George Walton president, and Ed- ward Langworthy secretary. It was resolved to meet regularly at Tondee's Long Room in Savannah every Monday morning at ten o'clock, and as much oftener as the emergency demanded.
The Continental Congress having on the 4th of November or- dered that a battalion should be raised at the common charge of the united provinces for the protection of Georgia, and made an appropriation of five thousand dollars toward the defrayal of the expenses of this organization the council of safety, at its first meeting, commissioned Andrew Maybank, Joseph Woodruffe, Hezekiah Wade, and John Dooly as captains ; James Cochran, John Morrison, Jeremiah Beale, and Thomas Dooly as first lieutenants ; James Galoche, Moses Way, Jacob Blunt, Zephaniah
1 As constituted in June, 1775, the council of safety consisted of William Ewen, William LeConte, Basil Cowper, Samuel Elbert, William Young, Elisha Butler, Edward Telfair, John Glen,
George Houstoun, George Walton, Jo- seph Habersham, Francis HI. Harris, John Smith, and John Morel. William Ewen was chosen president, and Seth John Cuthbert appointed secretary.
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A REPUBLICAN GOVERNMENT ESTABLISHED.
Beale, and William Bugg, second lieutenants ; and Thomas Dowly, George Philips, and Joshua Smith, third lieutenants. On the 7th of January, 1776, the battalion was further organized by the appointment of the following field officers: Lachlan McIntosh, colonel, Samuel Elbert, lieutenant-colonel, and Joseph Haber- sham, major.1
The following gentlemen were then elected and commissioned as company officers : -
Francis Henry Harris, captain, and John Habersham, first lieu- tenant, of the first company.
Oliver Bowen, captain, and George Handley, first lieutenant, of the second company.
John McIntosh, Jr., captain, and Lachlan McIntosh, Jr., first lieutenant, of the third company.
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Arthur Carney, captain, and Benjamin Odingsell, first lieuten- ant, of the fourth company.
Thomas Chisolm, captain, and Caleb Howell, first lieutenant, of the fifth company.
John Green, captain, and Ignatius Few, first lieutenant, of the sixth company.
Chesley Bostick, captain, and Jolin Martin, first lieutenant, of the seventh company.
Jacob Colson, captain, and Shadrach Wright, first lieutenant, of the eighth company.2
The erection of Georgia into a body politic, apart from and opposed to the government hitherto existing by authority of the Crown, was now accomplished. The president of the council of safety was virtually the governor of this quasi-commonwealth. Such laws as were requisite for the preservation of the public peace, the maintenance of order, and the defrayal of current ex- penses, were promulgated as resolutions by the Provincial Con- gress and by the Council of Safety. Courts competent for the assertion of rights and the redress of wrongs were in active operation. A military force had been organized for the common defense. A union with the other American colonies had been perfected. A royal governor, it is true, still resided in Savannah, but he was little else than a prisoner with a barren sceptre in his grasp. Members of the king's council there were, but their ad- vice was neither asked nor allowed in the conduct of affairs.
1 McIntosh and Elbert subsequently
2 See Georgia Gazette for February 7, rose to the rank of brigadier general in 1776, No. 614. the army of the Revolution.
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THE HISTORY OF GEORGIA.
Other officers, holding warrants from the Crown, were idle spec- tators of events. Within the entire circuit of the province there was none to enforce the will of his majesty. Well might Gover- nor Wright exclaim in behalf of himself and the other servants of the king in Georgia, "We shall not remain much longer in this distressful condition."
From this period until the erection of Georgia into a State upon the conclusion of the Revolutionary War, there occurred but little legislation in the proper acceptation of that term. The general assemblies, which convened at various times during Gov- ernor Wright's administration, had given to the statute book no fewer than one hundred and forty-eight acts and resolutions, cov- ering a wide range of subjects and providing for the growing wants of a province which had already assumed the proportions of an important, populous, and profitable dependency. These laws, where they did not militate against the newly erected gov- ernment and the changed condition of affairs, were allowed to remain in active operation.
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CHAPTER XI.
GOVERNOR WRIGHT ARRESTED BY MAJOR JOSEPH HABERSHAM IN OBEDIENCE TO THE ORDERS OF THE COUNCIL OF SAFETY. - HE SUBSEQUENTLY EFFECTS ILIS ESCAPE. - HIS LETTER TO THE MEMBERS OF THE COUNCIL IN SAVAN- NAII. - THE PROVINCIAL CONGRESS REASSEMBLES. - COMMUNICATION ADDRESSED TO THE DELEGATES TO THE CONTINENTAL CONGRESS. - SIGN- ERS FROM GEORGIA OF THE DECLARATION OF INDEPENDENCE. - EFFORTS TO ARM THE MILITIA AND TO PROCURE MILITARY STORES. - BILLS OF CREDIT ISSUED. - QUESTION OF THE COMMAND OF THE CONTINENTAL BAT- TALION. - COLONEL LACHLAN MCINTOSHI'S LETTER TO GENERAL WASH- INGTON. - TEMPORARY CONSTITUTION OF 1776. - ARCHIBALD BULLOCHI ELECTED FIRST REPUBLICAN PRESIDENT. - ADDRESS OF THE COUNCIL OF SAFETY. - PRESIDENT BULLOCHI'S RESPONSE. - ANECDOTE OF PRESIDENT BULLOCH. - FIRST PASSAGE AT ARMS IN GEORGIA. - DESCENT UPON TYBEE ISLAND. - HEROIC CONDUCT AND RESOLUTION OF THE GEORGIANS. - AS- SISTANCE RENDERED BY SOUTH CAROLINA. - THANKS RETURNED. - DIS- TRIBUTION OF GEORGIA TROOPS.
THE arrival at Tybee, on the 12th of January, 1776, of two men-of-war and a transport from Boston, with a detachment of royal troops under the command of Majors Maitland and Grant, cheered the loyal heart of Governor Wright and encouraged the hope that by force of arms the dominion of the king would soon be reestablished in the province. Six days afterwards, in view of the impending danger, to strengthen the independent temper of the inhabitants, and to demonstrate most emphatically that kingly rule in Georgia was at an end, the Council of Safety re. solved " that the persons of his excellency Sir James Wright, Bart, and of John Mullryne, Josiah Tattnall, and Anthony Stokes, Esqrs., be forthwith arrested and secured, and that all non-associates be forthwith disarmed except those who will give their parole assuring that they will not aid, assist, or comfort any of the persons on board his Majesty's ships of war, or take up arms against America in the present unhappy dispute."
With a party selected by himself, Major Joseph Habersham volunteered to secure the person of the governor. Proceeding to the residence of the chief magistrate, who was at the moment in conference with his council, Major Habersham, passing the sentinel at the door, entered the hall, and, advancing to the gov-
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ernor and placing his hand upon his shoulder, said, " Sir James, you are my prisoner." Astonished at the bold and unexpected act, the members of council and friends to the Crown there as- sembled fled precipitately from the house. Having exacted a solemn promise from the governor neither to depart from Savan- nah nor to hold any correspondence with the officers and soldiers on the ships lying in Tybee Roads, Major Habersham suffered him to remain in his mansion. A guard was posted to keep watch upon his movements, and to prohibit all intercourse with members of council, Crown officers, or persons deemed inimical to the cause of America.1 Of the bravery of this act too much
cannot be said in commendation. The personal courage dis- played in making the arrest, pronounced as it was, will be reck- oned but as a trifle when contrasted with the moral heroism involved in openly defying the power of the realm and in hum- bling the duly appointed representative of the Crown in the face of the province he was commissioned to rule. The effect was dramatic, startling.
Wearied with his confinement, mortified at his situation, and harassed by dangers, some of them arising from shots wantonly fired into his dwelling, Governor Wright effected his escape on the night of the 11th of February. Slipping out of the back part of his house, he reached the river, and thence descended to Bonaventure where his friend Mullryne resided. There a boat and crew were in waiting, and he was conveyed through Tybee Creek to the armed ship Scarborough, Captain Barclay, lying in the mouth of the Savannah River. He was received on board at three o'clock on the morning of the 12th. The following day he penned this letter to James Mackay and other members of the king's council remaining in Savannah : -
" HONORABLE GENTLEMEN, - After using my best endeavours for upward of three weeks to prevail on those in whose hands the present ruling powers are, that the commanders of his Maj- esty's ships here might obtain assurances that they might como to town and have free intercourse with me without receiving any insults from the people assembled in and about town ; also that the King's ships might be supplied with provisions on paying the full price or value of them : and finding that the last mes- sage relative to these matters which I desired the representatives of the town of Savannah to deliver to the persons exercising
1 See McCall's History of Georgia, vol. tory of Georgia, vol. ii. p. 128, Philadel- ii. p. 61, Savannah, 1816; Stevens' Ilis- phia, 1859.
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COMMUNICATION FROM GOVERNOR WRIGHIT.
those powers was so lightly treated and little regarded as that, although delivered on Tuesday morning the 6th instant, yet I received no kind of answer to it for five days, nor did I under- stand whether it was meant to give me any answer or not ; and well knowing that it was essential to his Majesty's service and the welfare of this Province that I should have an interview with the King's officers here : for these reasons and many others which you were made acquainted with and approved of, I deter- mined in all events to attempt coming down here, where I ar- rived at three o'clock yesterday morning. And after having examined and duly weighed and considered my several letters from England, and General Howe at Boston, and after having had a full conversation with his Majesty's Officers here, I have the great satisfaction to be able to affirm from the best authority that the forces now here will not commit any hostilities against this Province, though fully sufficient to reduce and overcome every opposition that could be attempted to be made: and that nothing is meant or wanted but a friendly intercourse and a sup- ply of fresh provisions. This his Majesty's officers have an un- doubted right to expect, and what they insist upon : and this I not only solemnly require in his Majesty's name but also, as (probably) the best friend the people of Georgia have, advise them without the least hesitation to comply with, or it may not be in my power to insure them the continuance of the peace and quietude they now have, if it may be called so.
" His Majesty has been graciously pleased to grant me leave to return to England, and (whatever may be thought) my regard for the Province and people is such that I cannot avoid (and pos- sibly for the last time) exhorting the people to save themselves and their posterity from that total ruin and destruction which, although they may not, yet I most clearly see at the threshold of their doors : and I cannot leave them without again warning them in the most earnest and friendly manner, to desist from their present plans and resolutions. It is still in their power : and if they will enable me to do it, I will, (as far as I can) engage to give and endeavour to obtain for them full pardon and forgiveness for all past crimes and offences : and this I conjure you to consider well and most seriously of, before it's too late. But let things happen as they may, be it remembered that I this day in the King's name offer the people of Georgia the Olive branch, that most desirable object and inestimable blessing, the return of peace to them and their posterity.
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"Caplain Barclay has desired me to notify that he is willing and ready to give every assistance in his power to the captains of all such merchant ships as may be legally cleared out to en- able them to proceed on their respective voyages. I am also to acquaint you that the detention of the schooner on Friday or Saturday last proceeded entirely from a mistake by the officer who commanded the armed sloop, and that if the owner will send down, the schooner will not only be delivered up, but any reason- able price will be paid for the damaged rice that was on board, - part of which has been used to feed hogs and poultry, - or they. may take it away again. I am also to mention that the same armed sloop will be sent up tomorrow to Four Mile Point in order to get fresh water, and for no other purpose.
" This letter, which I consider as of the utmost consequence and importance to the whole people of Georgia, I must desire you will be pleased to communicate to the Assembly, if sitting, and if not, to those who are called the Council of Safety, and especially to the inhabitants of the town and Province in general, and acquaint them that I shall expect their full and clear answer to every part of it in a reasonable time.
" I am, with perfect esteem, Gentlemen, Your most obedient and faithful servant,
JAMES WRIGHT."
The warnings of his excellency were disregarded. His per- suasions from the cabin of the Scarborough brought a smile to the countenances of those who had feared not his menaces while still the king's governor resident in Savannah. The "Sons of Liberty " had proceeded too far to think of pause or to cry for pardon. The public voice was for liberty, and the general mind counseled resistance. The olive branch was extended in vain. As'a matter of courtesy the Honorable Archibald Bulloch, pres- ident of the Provincial Congress, responded to the communica- tion. His reply was satisfactory neither to the governor nor to Captain Barclay. The former said he could not consider it as an answer because no notice was taken of his advice and proffer of service to the colony. "However," he added, " if Georgians will not be their own friends, the Province will blame them and not me who through friendship put it in their power to be happy."
The Provincial Congress which assembled in Savannah on the 20th of January, 1776, was organized on the 22d by the election of the Honorable Archibald Bulloch as president. On the 2d
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ADDRESS TO THE DELEGATES.
of February Archibald Bulloch, John Houstoun, Lyman Hall, Button Gwinnett, and George Walton were appointed delegates to the Continental Congress.1 To them, three days afterwards, was addressed this communication : -
" GENTLEMEN, - Our remote situation from both the seat of power and arms keeps us so very ignorant of the counsels and ultimate designs of the Congress and of the transactions in the field, that we shall decline giving any particular instructions other than strongly to recommend it to you that you never lose sight of the peculiar situation of the Province you are appointed to represent : - the Indians, both south and northwestwardly upon our backs ; the fortified town of St. Augustine made a con- tinual rendezvous for soldiers in our very neighborhood; together with our blacks and tories with us ; - let these weighty truthis be the powerful arguments for support. At the same time we also recommend it to you always to keep in view the general utility, remembering that the great and righteous cause in which we are engaged is not provincial but continental. . We therefore, Gentle- men, shall rely upon your patriotism, abilities, firmness, and in- tegrity, to propose, join, and concur in all such measures as you shall think calculated for the common good and to oppose such as shall appear destructive.
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