USA > Georgia > The history of Georgia, Volume II > Part 44
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" By order of the Board. JOHN WEREAT, President."
Upon the departure of the French and American armies from the lines before Savannah, many of the leading citizens removed from Southeastern Georgia and songht refuge in the vicinity of Augusta. Influenced by the persuasions of George Walton, who, released from captivity, was again at home, of Richard Howley, George Wells, and of others opposed to the executive council, these refugees, in association with the citizens of Richmond
1 President Wereat was an active pu- ary, 1788, ho was president of the con- triot, generous in his sympathios and sound in his financial views. Ho ron- dered important services to Georgia and her impoverished inhabitants. In Janu-
vention which, nt Angusta, ratified tho Federal Constitution. Ton years after- wards his useful career was pencefully ended in Bryan County.
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A DIVIDED GOVERNMENT.
County, resolved themselves into a deliberative body claiming to be the General Assembly of Georgia. William Glascock, Esq., was chosen speaker, and George Walton was elected governor of the State. It was openly charged, but without warrant, that some of the members of council sympathized with the Tories, and that all the proceedings of that body were "illegal, unconsti- tutional, and dangerous to the liberties of the State." This self- styled assembly, which convened at Augusta in November, 1779, also chose George Walton as a delegate to congress, and selected an executive council. Thus, at the same time, were two execu- tive councils actually organized and claiming to exercise impor- tant functions within the limits of Georgia wasted by a common enemy and rent by internal feuds. Violent were the collisions of parties, and most confused was the administration of civil af- fairs. Fortunately there was little need for the office either of legislator or of governor.
While the enemies of the executive council, as at first con- stituted, were thus active in creating dissensions in the body politic and in disturbing the general sentiment at an epoch when unity, concord, and confidence were essential to the hopes and the plans of the Revolutionists, the members of that association endeavored to counteract these prejudicial influences and to re- store public harmony by this open declaration of their powers : " Whereas some jealousies, natural to a people tenacious of their liberties, have arisen among some of the citizens of this State respecting the power of this Board : and whereas it behooves the rules of a free country at all times to take every step in their power to give all reasonable satisfaction to the inhabitants thereof, and to put a stop to such jealousies and complaints as may take place ; and whereas the citizens of this State above mentioned conceive, by virtue of the delegation which authorizes this Board to proceed in the executive department of government, they have power to act in the judicial and legislative departments : We do hereby declare and make known to all whom it may concern that we are not invested with any such judicial or legislative powers, and that it never was nor ever will be our intention to assume to ourselves any such powers by virtue of the above mentioned delegation, and that we mean neither to contradict nor to destroy the Constitution of this State which we think must have due operation whenever a time of less disquiet will admit of its being adequate to the exigency of Government."
The self-constituted General Assembly was largely composed of
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THE HISTORY OF GEORGIA.
malcontents, men ambitious of power and jealous of the honors accorded to others who like themselves were engaged in a lethal struggle for independence. Sad commentary upon human nature which, even amid the throes of empire and in the agonies of extreme peril, could not forget its passions or subdue its petty animosities !
It will be remembered that in consequence of the deplorable want of accord between the civil and military authorities in Geor- gia General Lachlan McIntosh was induced to quit his service at home and seek military employment in a distant field. He had now, however, returned; and, during the bloody assault of the 9th of October, 1779, had given fresh proof of his courage and of his devotion to State and country. During his absence he received a letter from George Walton in which he thus commented upon the unfortunate condition of affairs in Georgia : "The demon Discord yet presides in this Country, and God only knows when his reign will be at an end. I have strove so hard to do good with so poor a return, that were the liberties of America secure I would bid adieu to all public employment, to politics, and to strife ; for even virtue itself will meet with enmity."
It was General McIntosh's hope that time had healed all wounds and that, without reproach, he would be permitted to devote his time and military talents to the defense of Georgia. In this he was mistaken. On the 30th of November, 1779, a letter, purporting to be signed by William Glascock, speaker of the House of Representatives, was transmitted to the president of Congress by George Walton, governor of Georgia. Congress was therein assured of the dissatisfaction of the people of Georgia at the assignment of General McIntosh to the command of the military in that State. It was earnestly suggested that the Na- tional Assembly should, while he remained in the service of the United States, indicate " some distant field for the exercise of his abilities." So thoroughly did this forgery, backed by the repre- sentations of General McIntosh's enemies, poison the minds of the members of that body that they voted, on the 15th of Feb- ruary, 1780, to " dispense with the services of Brigadier-General McIntosh until the further order of Congress."
When informed of this communication, General McIntosh de- manded an explanation from its alleged author. Mr. Glascock promptly denied the authenticity of the document in the follow- ing lettor, dated Augusta, Georgia, May 12, 1780, and addressed to the president of Congress : -
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LETTER OF SPEAKER WILLIAM GLASCOCK.
"SIR, - I am now to do myself the honor of addressing your Excellency on a subject of considerable importance to myself and to a gentleman whose character both as a citizen and an officer I esteem and honor. Indeed I take up the affair on a larger scale ; I may say it is also of importance to this State and the whole Confederate alliance, as it strikes at the very root of reciprocal confidence, and opens a road to misrepresentation, detraction, and malice which cannot be guarded against but with the utmost cir- cumspection, and which, if not checked, might be productive of the most serious consequences to these States either in a civil or a military sense. Brigadier General McIntosh informs me that he lately received a letter from your Excellency enclosing the following extract of a letter to Congress from me, as Speaker of the Assembly of the State of Georgia :
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""' It is to be wished that we could advise Congress that the return of Brigadier General McIntosh gave satisfaction to either the Militia or the Confederates, but the common dissatisfaction is such, and founded on weighty reasons, that it is highly neces- sary that Congress would, whilst that Officer is in the service of the United States, direct some distant field for the exercise of his abilities.'
" I am sorry, Sir, to be informed by this extract of the extreme malice and rancour of General McIntosh's enemies ; but at the same time I enjoy a peculiar happiness in having it in my power to defeat their nefarious machinations and intentions. I do hereby most solemnly declare to Congress that the above extract is a flagrant forgery, of which I disclaim all knowledge whatever either directly or indirectly. Neither did I ever subscribe in a public or private capacity any letter or paper that could convey to Congress such an idea of that Officer with respect to his Coun- try which he has, in my opinion, served with reputation, and from which he ought to receive the grateful acknowledgments of public approbation instead of the malicious insinuations of public slander, in which class I am under the necessity of ranking the forged letter which is the subject of this.
" I am glad of the opportunity of informing Congress that so far is that forgery from truth, that I believe there is not a re- spectable citizen or officer in Georgia who would not be happy in serving under General McIntosh, nor one in either class who would be otherwise except a few who are governed by design or self interest."
Mr. Glascock also furnished General McIntosh with a copy of this communication.
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THE HISTORY OF GEORGIA.
Strange as it may appear, an examination into the matter dis- closed the fact that this letter, to which the name of the speaker of the House of Assembly was forged, was suggested, dictated, and forwarded by Governor Walton and certain members of his council with a design of impairing the influence of General Mc- Intosh and compassing his removal from the military command in Georgia. Fortunately this malevolent and nefarious scheme failed to accomplish the unlawful result at which it aimed. So far from injuring the popularity of the meritorious officer whose valuable services were called in question, it drew down upon its authors the condemnation of all fair-minded people.
Upon the conclusion of the Revolutionary War this whole affair formed a subject of review by the legislature of Georgia. On the journals of the House of Assembly the following resolu- tions are entered under date of January 30, 1783 : 1-
" Resolved that they have examined such papers and persons as have been offered by the different parties, from which it appears that the resolves of Council, dated at Augusta December 12th, 1779, and the letter from Governor Walton to the Presi- dent of Congress, dated December 15th, 1779, respecting General McIntosh were unjust, illiberal, and a misrepresentation of facts : that the letter said to be from William Glascock, speaker of the Assembly, dated November 30th, 1779, addressed to the Presi- dent of Congress, appears to be a forgery, in violation of law and truth, and highly injurious to the interest of the State, and dan- gerous to the rights of its citizens: and that the Attorney General be ordered to make the necessary inquiries and enter such prosecutions as may be consistent with his duty and office.
" Resolved that General McIntosh be informed that this House does entertain an abliorrence of all such injurious attempts made use of, as appears by the papers laid before them, to injure the character of an officer and citizen of this State who merits the attention of the Legislature for his early, decided, and persevering efforts in the defence of America, of which virtue this House has the highest sense."
With remarkable inconsistency, the legislature on the day before these resolutions were adopted, had elected George Wal- ton chief justice of the State of Georgia. If the attorney-general ever instituted any proceedings, we are not advised.
Short was Governor Walton's2 gubernatorial career consequent
1 See McCall's History of Georgia, vol. 2 " It is an irrefragable ovidence," says John Sanderson in his Biography
ii. p. 293. Savannah. 1816.
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GOVERNORS WALTON AND HOWLEY.
upon his election in November, 1779. By the General Assem- bly Richard Howley was, on the 4th of January, 1780, elected governor, and William Glascock speaker of the House. Edward Telfair, George Walton, Benjamin Andrew, Lyman Hall, and William Few were appointed members of Congress. George Wells, Stephen Heard, John Lindsay, and Humphrey Wells were constituted members of the executive council. Of this body George Wells was chosen president. The office of chief justice was filled by the selection of William Stephens, and that of attorney-general by John Milledge. Colonel John Stark and Captain Hardy were elected treasurers. Edward Jones was made secretary of state, and Joseph Clay paymaster-general.
Composed largely of the friends of Walton and Howley, this assembly criticised severely the former council, and accused its members of "exercising powers and authorities unknown to and subversive of the constitution and laws of this State." It even went so far as to declare that "said council and the powers they exercised were illegal and unconstitutional." And yet, within a month, this assembly, which had thus pronounced null and void the action of the former council and denounced it as lawless in conception and operation, moved by the exigency of the period, and anticipating it might happen, during the progress of the war, " that the Ministers of government of this State might not be able to do or transact the business of the State within the limits of the same," unanimously resolved " that his Honor the Gover- nor, or, in his absence, the President and Executive Council, may do and transact all and every business of government in as full, ample, and authoritative manner in any other State within the Confederation, touching and respecting of this State, as though it had been done and transacted within the limits of this State."
Informed of the arrival of large reinforcements in Savannah, the ultimate destination of which was not then well ascertained,
of the Signers to the Declaration of Inde- pendence (vol. iii. p. 166, Philadelphia, 1823), " of the great talents of Mr. Wal- ton and of their proper appreciation by the people of Georgia that during the remainder of his life he held, in almost uninterrupted succession, the most re- spectable appointments that the govern- ment could confor upon him. Thero nro indeed fow men in the United States upon whom more extensive und solid proofs of public confidence have been VOL. II. 28 .
lavished. He was six times elected a. representative to Congress, twice gover- nor of the State, ouce a senator of the United States, and four times judge of the Superior Courts ; the latter office he held during fifteen years and until the day of his death. He was one of tho commissioners on the part of the United States to negotiate a treaty with tho Cherokeo Indians in Tennessee, and sov- oral times a member of the state legis- lature."
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THE HISTORY OF GEORGIA.
Governor Howley issued a stirring proclamation " commanding and requiring the people to stand firm to their duty, and exert themselves in support and defence of the great and glorious inde- pendency of the United States : and also to remember with grati- tude to Heaven that the Almighty Ruler of human affairs hath been pleased to raise up the spirit and might of the two greatest powers in the world [France and Spain] to join with them and oppose and destroy the persecutor of their liberties and immuni- ties.".
General Lincoln was censured by the legislature for withdraw- ing the continental troops from Georgia, and was pronounced "answerable for all the consequences which may follow that un- advised measure." The governor was instructed to concentrate half the militia of the State at Augusta, and Colonel John Twiggs, with his command, and as many volunteers as he could secure, was requested to take post at that point.
Aware of the defenseless condition of this town, which "might be surprised by twenty men," and deeming it " unsafe and im- politic for the Governor and Council to remain thus exposed," the assembly designated Heard's Fort, in Wilkes County, as a suitable " place of meeting for transacting the business of the government of this State as soon after leaving Augusta as may be."
Responding to this suggestion the executive council did, on the 5th of February, adjourn to assemble at Heard's Fort, which thereupon became the temporary capital of the State. Brief was the gubernatorial term of service of Governor IIowley. He left Georgia to take his seat in the Continental Congress, and the Hon. George Wells, the president of council, and three mem- bers of the board were announced as fully competent for the transaction of all public business. " The value of paper money," says Captain McCall,1 " was at that time so much reduced that the governor dealt it out by the quire for a night's lodging for his party ; and, if the fare was anything extraordinary, the land- lord was compensated with two quires."
President Wells dying, Stephen Heard, of Wilkes County, was elected, on the 18th of February, president of council. He was, during the absence of Governor Howley, governor de facto of republican Georgia, which, at that time, could practically claim the allegiance of only two counties, - Richmond and Wilkes. That portion of the State lying south of a line drawn from Ilud-
1 History of Georgia, vol. ii. p. 303. Savannah. 1816.
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REPUBLICAN GEORGIA ALMOST IN EXTREMIS.
son's ferry on the Savannahi River to the Ogeechee River was in the possession of the British.
" Thus was Georgia reduced to the verge of political death. The government, such as it was, was administered by President Heard, and a few members of the Council in Wilkes County ; and when Mr. Heard retreated to North Carolina, Myrick Davies was chosen president in his place. The condition of the Repub- licans in Georgia was indeed deplorable. Driven from Savannah and the seaboard, compelled to evacuate Augusta, hemmed in by hostile Indians on the frontier, and confined mostly to a few set- tlements in and around Wilkes County, they lived in daily peril, had almost daily skirmishes with Regulars, Tories, or Indians, were harassed with alarms, were surprised by ambuscades, were pinched with want, and had one long bitter struggle for simple existence, with scarcely a ray of hope to light up the future." 1
Moreover, unseemly dissensions had arisen among leading citi- zens, and the land was a prey alike to external and internal foes. Most difficult was it to maintain even a show of civil au- thority and to support a tolerable administration of justice. Many good men went into voluntary exile, bewailing the exist- ence of evils which they were unable either to mitigate or to remove.
At this darkest epoch, when English arms had gained the ascendency not only in Georgia but also in Carolina, when the principal towns of those States were in the possession of the en- emy, and the territory on both sides of the Savannah was largely subservient to British rule, it was noised abroad that a new com- mission would soon issue from the Court of St. James for the purpose of again sounding the temper of America upon the sub- ject of a pacification. It was boldly hinted that Georgia, and perhaps South Carolina, in any negotiations would not be recog- mized as part of the American Union, but would be excluded on the ground that they had " been again colonized to England by new conquest." In Europe tho " uti possidetis" was much talked of as a " probable basis for the anticipated peace." Against this doctrine and its practical application George Wal- ton, William Few, and Richard Howley, then representing Geor- gia in the Continental Congress, prepared and published a manly and earnest protest 2 which was not without influence. After
1 Stevens' History of Georgia, vol. ii. tain late Political Suggestions; by the Dele- p. 331. Philadelphin. 1859.
gutes of Georgia. Pp. 10. Philadelphia. 2 Observations upon the Efficts of Cer- MDCCLXXXI.
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TIIE HISTORY OF GEORGIA.
representing in their true colors the excellences possessed by Georgia, her natural resources, and the advantages which resulted from her union with sister American States, they insisted that she was a material component part of the Confederation, and that she could not be abandoned or given up without endangering the integrity of that union. The public was reminded that all the colonies had joined in one common cause, and had sacrificed their blood and fortunes in its support. Rightly did they contend that it would be " unjust and inhuman for the other parts of the Union separately to embrace the result of the common efforts and leave them [Georgia and Carolina] under the yoke of a bankrupt and enraged tyrant." The suggestion shocked the sentiments of the allied patriots ; and the doctrine of uti possi- detis, if seriously entertained, was thoroughly eliminated from all discussions and deliberations contemplating the establishment of amicable relations between England and her revolted colonies.
On the 16th of August, 1781, Dr. Nathan Brownson was elected governor, and Edward Telfair, William Few, Dr. Noble Wymberley Jones, and Samuel Stirk were appointed delegates to Congress. The skies were brightening. Augusta had been rescued from the possession of the enemy, and renewed efforts were being made for the recovery of other portions of the State.
Eight days after his induction into office, Governor Brownson, with the intention of strengthening the manhood of the State, issued a proclamation requiring all persons who considered them- selves citizens of Georgia to return home within specified periods under penalty of being subjected to the payment of a treble tax to be levied upon all lands owned by them within the limits of the State. Many wanderers were thus recalled who, having for- saken their plantations in Georgia, had sought refuge in South and North Carolina and in Virginia.
The machinery of state government was further organized by this legislature, assembled in Augusta, - of which John Jones was the speaker, - by the election of John Wereat as chief jus- tice, Samuel Stirk as attorney-general, James Bryan as treasu- rer, and John Milton as secretary of state. Provision was made for reopening the courts of justice, and assistant judges were olected for each county. It was then the duty of the chief jus- tice to preside at the superior courts of all the several counties, and the terms were so arranged as to permit his presence. In each county he was aided by the assistant justices selected for the county. For the more efficient organization and control of the militia the following officers were chosen : -
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OFFICERS OF THE MILITIA.
For the County of Wilkes : Elijah Clarke, colonel ; John Cunningham, lieutenant-colonel ; and William Walker, major.
For the County of Richmond : Josiah Dunn, colonel ; Isaac Jackson, lieutenant-colonel ; and Joshua Winn, major.
For Lower Richmond : James Martin, colonel ; James McNeil, lieutenant-colonel ; and Archibald Beal, major.
For the County of Burke : Asa Emanuel, colonel ; James Mc- Kay, lieutenant-colonel; and Francis Boykin, major.
For the County of Effingham : Caleb Howell, colonel; Ste- phen Johnson, lieutenant-colonel ; and Daniel Howell, major.
For the County of Chatham : George Walton, colonel ; John Martin, lieutenant-colonel ; and Charles Odingsell, major.
For the County of Liberty : John Baker, colonel ; - Cooper, lieutenant-colonel ; and James Maxwell, major.
To the governor was allowed a salary at the rate of £500 per annum ; to the chief justice, a salary of £300; to the attorney- general, a salary of £200; to the treasurer, a salary of £150; to the secretary of state, a salary of £100; to the clerk of coun- cil and assembly, a salary of £75; and to the messenger of coun- cil, a salary of £50. The delegates to the Continental Congress were entitled to a sum sufficient to defray all their expenses in- curred in going to, attending upon, and in returning from Con- gress.
Governor Brownson was a leading physician of Southern Geor- gia, public-spirited, wise in counsel, and an early and earnest supporter of the plans of the Revolutionists. Twice had he served his people as a member of the Continental Congress. Among the purest patriots of Liberty County will he always be num- bered.
In the early part of December, 1781, the council was called upon to mourn the loss of the Honorable Myrick Davies, recently its president, who was inhumanly slain by the Royalists. The head- quarters of the board had for some time been fixed at Howell's plantation in Burke County. On the 11th of December, 1781, the following minute appears in the journal of the executive council : " Resolved, that his honor the governor be requested to take measures for conveying the body of the late Myrick Davies, Esqr., president of the Executive Council, to this place,1 and that Mr. Lewis be requested to prepare a proper discourse for his in- terment, and this Board will attend the same."
On the 2d of January, 1782, Stephen Heard was for a second time elected president of council.
1 Augusta.
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THE HISTORY OF GEORGIA.
By the legislature, which convened in Augusta on the 1st of January, 1782, was John Martin, an active defender of the liber- ties of his country and a lieutenant-colonel in the continental line of the Georgia brigade, elected governor. William Gibbons was selected as speaker. This body remained in session only about ten days, and was subsequently, by proclamation of the governor, convened at Augusta on the 17th of April.
Already were indications of a successful issue to the impend- ing conflict becoming apparent, and the hearts of the Revolution- ists were cheered by the approach of a strong army for the recla- mation of Georgia.
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