USA > Georgia > The history of Georgia, Volume II > Part 23
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" By order of Congress.
ARCHIBALD BULLOCH, President. " SAVANNAHI, April 5, 1776."
Of the five delegates thus appointed the signatures of three, Hall, Gwinnett, and Walton, were affixed to the Declaration of Independence promulgated on the 4th of July, 1776. Upon the organization, equipment, and discipline of the militia of the prov- ince both the congress and the council of safety labored most assiduously. Realizing that the shock of arms was near at hand, they strove by every means at command to perfect the military system and to accumulate munitions of war. Resolutions were passed exempting from the operations of the non-importation act all vessels bringing gunpowder, saltpetre, sulphur, cannon, small arms, and other warlike material. Samuel Elbert, Edward Tel- fair, and Joseph Habersham were constituted a committee to sup- ply the province with arms and ammunition. They were author- ized to contract for the purchase of four hundred muskets with bayonets, twenty thousand pounds of gunpowder, sixty thousand pounds of bullets, lead, grape, swan, and goose shot, and other
1 Georgia Gazette of February 7, 1776, No. 644.
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military stores. The armament at Frederica was secured. That the necessary funds might be raised, bills of credit in the form of certificates were issued. They were based upon the public faith .of Georgia, and it was made a penal offense either to refuse to receive thiem in payment or to depreciate their value. The fol- lowing is a copy of one of these bills : -
" Georgia - 1776. - Nº 5991.
"This certificate entitles the bearer to Four Spanish Milled Dollars, or the Value thereof, according to Resolution of Con- gress.
Ja® Habersham.
E. Telfair.
Geo. Houstoun.
Wm OBryan. Wm Ewen.
[Seal.] "
The seal or stamp upon this bill bears the legend Libertas carior auro, and consists of a pole, surmounted with a liberty cap, in association with a winged caduceus and a cornucopia. These devices varied, and the issues were regulated by resolu- tions of congress.
A question having arisen touching a possible conflict of au- thority between the Continental Congress and the Provincial Congress or Council of Safety in regard to the command of the battalion, the enlistment of which, upon a continental establish- ment, had been sanctioned and aided by the General Congress, the matter was set at rest in the following manner : -
" IN PROVINCIAL CONGRESS, SAVANNAH, Feb. 16, 1776.
" PROVINCE OF GEORGIA : -
" Whereas a battalion upon the Continental establishment is now raising in this Province; and whereas doubts may arise how far the same is subject to the control of the Provincial civil power : Now, therefore, be it known, and we, the several sub- scribers, officers bearing commissions in the same battalion, do hereby declare, that we hold ourselves and the non-commissioned officers and privates, also all others belonging to the said battal- ion, subject and subservient to such supreme and civil powers of this Province as are or shall be erected for the purpose of de- fending our rights and liberties.
" And further, we bind ourselves upon the words of soldiers and men of honour, at all times to obey and carry into effect, as far as in us lies, the orders and commands of the present or any
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RETURN OF THE GEORGIA BATTALION.
future Congress or Council of Safety of this Province as the same shall, from time to time, be issued to us.
" Provided, nevertheless, That the same do not contradict or interfere with the orders or directions of the General Congress, or a Committee thereof, or any General or other officer by them appointed over us.
" In witness whereof, we have hereunto set our names, to- gether with the rank and date of our commissions opposite thereto.
" A Return of the Officers chosen for the Battalion ordered to be raised for the protection and defence of the Colony of Georgia, Feb. 16, 1776.
Colonel, Lachlan McIntosh.
Major, Joseph Habersham.
Lieut. Col., Samuel Elbert.
First Company.
Captain, Francis Henry Harris. Second Lieut., John Jenkins.
First Lieut., John Habersham. Ensign, John Rae.
Second Company.
Captain, Oliver Bowen. Second Lieut., John Berrien. First Licut., George Henley. Ensign, - -- -
Third Company.
Captain, John McIntosh. First Lieut., Lachlan McIntosh.
- Second Lieut., Francis Arthur. Ensign, John Morrison.
Fourth Company.
Captain, Arthur Carney. First Lieut., Benjamin Odinsell.
Ensign, Delaplaine. John Milton.
Second Lieut., John Eman.
Fifth Company.
Second Lieut., Daniel Cuthbert. Ensign, William McIntosh.
Sixth Company. - Second Lieut.,
Captain, John Green. First Lieut., Ignatius Few.
Seventh Company.
Captain, Chesley Bostick. First Lieut., John Martin.
Second Lieut., --
Eighth or Rifle Company.
Captain, Colson.
First Lient., Shadrach Wright. Second Lieut., George Walton.
Ensign, -- Chaplain, John Holmes."
In forwarding a copy of this document and return to General George Washington, commander-in-chief of the American forces, on the 16th of February, 1776, Colonel Lachlan MeIntosh fur-
Captain, Thomas Chisholm. First Lieut., Caleb Howell.
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nishes an interesting account of the population, resources, and dan- gers of the province. He alludes to the presence, in Tybee inlet, of five ships of war, - the Syren, the Scarborough, the Raven, the Tamer, and the Cherokee, - of several tenders, and of two large transports having on board some three hundred men, " whether for this colony or Carolina, or both together, we are not yet informed. Our Province has declared itself in a state of alarm, and resolved not to supply the men of war with provis- ions, and ordered a draft of half the militia to the town of Savan- nah to oppose the landing of any troops." In conclusion, he adds : "I have received no kind of orders or instructions from the General Congress or your Excellency, nor have I yet been able to obtain even a copy of the American Articles of War, which makes me at a loss how to act in many cases ; therefore I shall wish any orders or directions your Excellency will please to send me to be as full and frequent as possible; also to be in- formed how far we are under the control of the Provincial Con- gress, &c. of this or any other Province where we are upon duty, and what rank we hold when acting with militia or Provincial Troops."
The sudden flight of Governor Wright, the presence of an armed force in the mouth of the Savannah River, and the absence of any definite rules of government, rendered it obligatory for the orderly administration of public affairs that a constitution for Georgia should be at once framed and proclaimed by the Pro- vincial Congress. Accordingly, the following preamble and reg- ulations were adopted 1 as " thie groundwork of a more stable and formal government " of the province. They formed a tem- porary constitution, and General Washington was, at an early moment, furnished by Colonel McIntosh with a copy. "COLONY OF GEORGIA: -
" Whereas, the unwise and iniquitous system of administration obstinately persisted in by the British Parliament and Ministry against the good people of America hath at length driven the latter to take up arms as their last resource for the preservation of their rights and liberties which God and the Constitution gave them ;
" And whereas an armed force, with hostile intentions against the people of this Province, having lately arrived at Cockspur, his Excellency Sir James Wright, Baronet, and King's Governor of Georgia, in aid of the views of the administration, and with a
1 April 15, 1776.
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TEMPORARY CONSTITUTION.
design to add to those inconveniences which necessarily result from a state of confusion, suddenly and unexpectedly carried off the great seal of the Province with him ;
" And whereas, in consequence of this and other events, doubts have arisen with the several magistrates how far they are author- ized to act under the former appointments, and the greatest part of them have absolutely refused to do so, whereby all judicial powers are become totally suspended to the great danger of per- sons and property ;
" And whereas, before any general system of government can be concluded upon, it is necessary that application be made to the Continental Congress for their advice and directions upon the same ; but, nevertheless, in the present state of things, it is indispensably requisite that some temporary expedient be fallen upon to curb the lawless and protect the peaceable ;
" This Congress, therefore, as the representatives of the people, with whom all power originates, and for whose benefit all gov- ernment is intended, deeply impressed with a sense of duty to their constituents, of love to their country, and inviolable attach- ment to the liberties of America, and seeing how much it will tend to the advantage of eachi to preserve rules, justice, and or- der, do take upon them for the present, and until the further order of the Continental Congress, or of this, or any future Pro- visional Congress, to declare, and they accordingly do declare, or- der, and direct that the following rules and regulations be adopted in this Province - that is to say -
"1st. There shall be a President and Commander-in-Chief appointed by ballot in this Congress, for six months, or during the time specified above.
" 2d. There shall be, in like manner, and for the like time, also a Council of Safety, consisting of 13 persons, besides the five delegates to the, General Congress, appointed to act in the na- ture of a Privy Council to the said President or Commander-in- Chief.
" 3d. That the President shall be invested with all the execu- tive powers of government not inconsistent with what is hereafter mentioned, but shall be bound to consult and follow the advice of the said Council in all cases whatsoever, and any seven of said Committee shall be a quorum for the purpose of advising.
"4th. That all the laws, whether common or statute, and the acts of Assembly which have formerly been acknowledged to bo of force in this Province, and which do not interfere with the
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proceedings of the Continental or our Provincial Congresses, and also all and singular the resolves and recommendations of the said Continental and Provincial Congress, shall be of full force, validity, and effect until otherwise ordered.
"5th. That there shall be a Chief-Justice, and two assistant judges, an Attorney-General, a Provost-Marshal, and Clerk of the Court of Sessions, appointed by ballot, to serve during the pleasure of the Congress. The Court of Sessions, or Oyer and Terminer, shall be opened and held on the second Tuesday in June and December, and the former rules and methods of pro- ceeding, as nearly as may be, shall be observed in regard to sum- moning of Juries and all other cases whatsoever.
"6th. That the President or Commander-in-Chief, with the advice of the Council as before mentioned, shall appoint magis- trates to act during pleasure in the several Parishes throughout this Province, and such magistrates shall conform themselves, as nearly as may be, to the old established forms and methods of proceedings.
"7th. That all legislative powers shall be reserved to the Congress, and no person who holds any place of profit, civil or military, shall be eligible as a member either of the Congress or of the Council of Safety.
" 8th. That the following sums shall be allowed as salaries to the respective officers for and during the time they shall serve, over and besides all such perquisites and fees as have been for- merly annexed to the said offices respectively : -
" To the President and Commander-in-Chief after the rate, per an-
num, of sterling £300
To the Chief Justice 100
To the Attorney-General 25
To the Provost Marshal 60
To the Clerk of Court 50"
Archibald Bulloch was elected President and Commander-in- Chief of Georgia ; John Glen, Chief Justice ; William Stephens, Attorney-General, and James Jackson, Clerk of Court.
On the 1st of May, 1776, the Council of Safety thus saluted the first Republican President of Georgia : -
" May it please your Excellency.
" The long session of the late Congress, together with the season of the year, called particularly for a speedy recess : and the House having adjourned while you were out of town it becomes more particularly necessary for us to address your Excellency. All,
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RESPONSE OF PRESIDENT BULLOCH.
therefore, with unfeigned confidence and regard, beg leave to con- gratulate not only your Excellency on your appointment to, but your country on your acceptance of, the supreme command in this Province.
" It would be needless and tedious to recount the various and yet multiplying oppressions which have driven the people of this Province to erect that government which they have called upon you to see executed. Suffice it then to declare that it was only an alternative of anarchy and misery, and, by consequence, the effect of dire necessity. Your Excellency will know that it was the endeavor of the Congress to stop every avenue of vice and oppression, lest the infant virtue of a still more infant Province might in time rankle into corruption : and we doubt not that by your Excellency's exertions all the resolutions made or adopted by Congress will be enforced with firmness without any regard to any individual or any set of men : for no government can be said to be established while any part of the community refuses sub- mission to its authority. In the discharge of this arduous and important task your Excellency may rely on our constant and best endeavors to assist and support you."
To this address President Bulloch returned the following re- sponse : -
"HONORABLE GENTLEMEN, - I am much obliged to you for your kind expressions of congratulation on my appointment to the supreme command of this Colony. When I reflect from whence the appointment is derived, that of the free and uncor- rupt suffrages of my fellow citizens, it cannot fail to stimulate me to the most vigorous exertions in the discharge of the impor- tant duties to which I am called by our Provincial Congress. While I have the advice and assistance of gentlemen of known integrity and abilities, I doubt not but I shall be enabled to en- force and carry into execution every resolve and law of Congress. And, as far as lies with me, my country may depend I will, with a becoming firmness, and the greatest impartiality, always en- deavor to cause Justice in mercy to be executed."
President Bulloch was a tower of strength. ITis personal in- tegrity, his high sense of honor, his patriotism, his admirable executive abilities, his honesty of thought and purpose, his sturdy manhood, his unquestioned courage, and his enlarged views of the public good were invaluable in shaping the conduct and maintaining the dignity of the infant commonwealth.
In compliance with a custom which had obtained during the
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terms of service of the royal governors, Colonel McIntosh, com- manding the provincial troops in Savannah, upon the election of President Bulloch caused a sentinel to be posted at the door of his residence. To this his excellency objected, with the remark : "I act for a free people in whom I have the most entire confi- dence, and I wish to avoid on all occasions the appearance of ostentation."
Although the first man in Georgia to read and promulgate the Declaration of Independence, he did not live to behold the fortu- nate issue of his people's struggle for liberty. He died in 1777, and the entire commonwealth bewailed his loss.
Under the provisions of this temporary constitution was the province of Georgia guided until the adoption of the first regular constitution, on the 5th of February, 1777, by the convention then assembled in Savannah.
Pausing in this sketch of the earliest political development of the province under the leadership of the republican party, we turn to an event of bold significance in the history of the period, and chronicle the primal passage at arms in Georgia between the "Sons of Liberty " and the king's troops.
On the first of March, 1776, eleven merchant vessels, laden with rice and ready for sea, were lying at the Savannah wharves. Some of them were owned by parties entertaining little sympathy with the American cause, and prepared, at the first opportunity, to disregard the resolutions of Congress and seek the most ad- vantageous market. Aware of this fact, remembering that the order promulgated by the Continental Congress prohibiting the exportation of rice from the united colonies expired that day by its own limitations, and apprehending from the presence of the British vessels of war in Tybee Roads that the cause for such con- tinental restriction had not been removed, the council of safety assumed the responsibility of passing and publishing the follow- ing resolutions : -
" Resolved that no ships loaded with rice, or any other article of produce, in this Province, shall be permitted to sail without leave of the Council of Safety or next Congress, except such ves- sels as are or shall be permitted to sail for the purpose of procur- ing the necessary means of defence.
" Resolved that in case any loss shall be sustained by such de- tention, the Delegates from this Province shall be instructed to apply to the Continental Congress to make the reimbursement for such loss a general charge.
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ORDERS OF THE COUNCIL OF SAFETY.
" Ordered that the rudders be unshipped, and that the rigging and sails be taken away and secured from the several vessels now riding in the port of Savannah."
With the enforcement of these resolutions and of this order Colonel Lachlan McIntosh was charged.
" For the safety of the Province and the good of the United Colonies " it was, on the 2d of March, unanimously resolved by the council of safety : -
" That the houses in the town of Savannah and the hamlets thereunto belonging, together with the shipping now in the port of Savannah the property of or appertaining to the friends of America who have associated and appeared or who shall appear in the present alarm to defend the same, and also the houses of widows and orphans, and none others, be forthwith valued and appraised.
"Ordered That Messrs. Joseph Clay, Josephi Reynolds, John McLuer, Joseph Dunlap, and John Glen, or any three of them, be a committee for that purpose, and that they make a return of such value and appraisement to the Council of Safety tomorrow morning at 9 o'clock, or as soon after as possible.
" Resolved That the Delegates for this Province shall be in- structed to apply to the Continental Congress for an indemnifi- cation to such persons as shall suffer in the defence of this town or shipping.
" Resolved That it shall be considered as a defection from the `cause of America, and a desertion of property in such persons as have left or who shall leave the town of Savannah or the hamlets thereunto belonging during the present alarm, and such persons shall be precluded from any support or countenance towards ob- taining an indemnification.
" Resolved That it be incumbent upon the friends of America in this Province to defend the Metropolis as long as the same shall be tenable.
" Resolved That rather than the same shall be held and occu- pied by our enemies, or that the shipping now in the port of Savannah should be taken and employed by them, the same shall be burnt and destroyed.
" Resolved That orders shall be issued to the commanding officer directing him to have the foregoing resolutions put into execution."
These brave resolves were supplemented by this proclama- tion : -
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"IN THE COUNCIL OF SAFETY,
SAVANNAH, March 2nd, 1776.
" Whereas many householders in the town of Savannah, and the hamlets thereunto belonging, have basely deserted their hab- itations since the commencement of the present alarms :
" And whereas some of them are associates in the great Amer- ican Union, and, by consequence, their lives and fortunes bound to support it :
" And whereas there is a number of shipping in the port of Savannah belonging and appertaining to persons resident in this Province :
"And whereas we deem it incumbent upon every person, more especially those who have associated, to defend their property with their lives :
" These are therefore to cite and admonish all persons holding any property in the town or hamlets, or shipping aforesaid, forth- with to repair to head quarters in Savannah to defend the same, on pain of suffering all the consequences contained in the fore- going resolutions.
" By order of the Council of Safety.
WM. EWEN, President."
Thus courageously and thoroughly did the authorities prepare to offer the stoutest and most patriotic resistance to the antici- pated demonstration from the king's forces at the mouth of the Savannah River. So soon as Georgia united her fortunes with those of her sister colonies, all animosity ceased on the part of South Carolina. Between these adjacent provinces now existed the warmest friendship, and each pledged to the other a support most cordial, in seasons of doubt and peril. Of the situation of affairs the council of safety in Savannah promptly advised the council of safety in Charlestown, and furnished that body with copies of the resolutions, orders, and proclamation of the 2d of March. To such communications a tender of substantial succor and this reply were speedily returned : -
" GENTLEMEN, - Your letters of the 1st and 2d inst., and your resolutions, order, and proclamation of these dates, were laid before the Congress, transfusing a general and perfect joy.
" And the Congress, sensible of the vast importance which your exemplary conduct must be to the American cause, unanimously voted their thanks ; and I have the honour thus to transmit them to you for your having decisively taken the noble, politic, and vigorous resolution: That the vessels in the port of Savannah,
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ready to sail, contrary to the interest of America, shall be forth- with unrigged and unruddered, and that rather than the enemy shall possess those vessels and your capital, all shall perish in a noble conflagration lighted by yourselves : an instance of heroic principle not exceeded by any, and equalled but by few, in his- tory.
" Your conduct in citing such of the inhabitants of Savannah as had abandoned their possessions in that town to return to its defence, under penalty of being deemed to liave deserted such property and of being excluded from any support towards obtain- ing an indemnification for any loss they may sustain by a general conflagration, received the highest applause as being worthy of imitation. The policy and justice of the measure are equally conspicuous.
" In short, the Congress feel the greatest satisfaction from their having anticipated your called-for assistance. It is sufficient that we know our friends stand in need of our aid. We hope that our forces under Colonel Bull will fully accommodate your necessity ; and you may rest assured that we shall continue to afford the friends of America in Georgia every support in our power.
" I have the honour, &c.
WM. HENRY DRAYTON, President."
Congress having refused Captain Barclay's request, and the vigilance of the council of safety preventing him from obtaining the supplies desired for the forces, both land and naval, concen- trated below Cockspur Island, the British commander resolved to capture the rice-laden vessels lying at the wharves in Savan- nah, and thus secure by force of arms what his negotiations had failed to obtain. With this object in view, on the last of February, with the Scarborough of 20 guns, the Tamer of 16 guns, the Cherokee of 10 guns, and the Hinchinbrook schooner of 8 guns, he ascended the Savannah River as far as Five-Fathom Hole. He was accompanied by Major Grant who, with his command, consisting of between two and three hundred light infantry and marines, was conveyed in two transport ships, one of which mounted sixteen guns.1
The soundings of Back River opposite Hutchinson's Island . having been taken, two of the vessels passed up. One of them came into position just in front of Savannah, and the other, in
1 See Letter of Governor Wright to the in the river Savannah, in the Province of Earl of Dartmouth, dated " on board his Georgia, the 10th of March, 1776." Majesty's Ship Scarborough at Cockspur,
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attempting to round the upper end of the island so as to attack the town from above, grounded on a bank opposite Rae's IIall. In this disabled situation this armed vessel, which proved to be the Hinchinbrook, was fired upon by riflemen under the command of Major Joseph Habersham, who quickly drove her crew from the deck. Had boats been procurable he would, with his detach- ment, have boarded and captured this vessel. At high water she liberated herself from the bank, and moved off. During the night of the 2d of March between two and three hundred troops, under the command of Majors Maitland and Grant, landed from the vessel in Back River and silently marched across Hutchin- son's Island. At four o'clock on the morning of the 3d they took possession of the rice-laden vessels lying in Savannah River near the store on that island opposite the town of Savannah. So quietly had this movement been conducted that it was nine o'clock in the forenoon before the authorities in Savannah became aware of the fact that British troops were on board of those merchantmen. It was suspected that they had been noise- lessly and collusively surrendered by their captains. The intelli- gence was first communicated by two sailors from one of these vessels who, coming ashore under the pretence of procuring some clothes, gave information that Captain Rice, who had been de- tailed to execute the. order issued by the council of safety directing that all ships in port should be dismantled, having boarded one of these vessels in performance of his duty was, with his boat's crew, forcibly detained. Great excitement prevailed in . Savannah.
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