USA > Georgia > The history of Georgia, Volume II > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55
One of the earliest annoyances experienced by Governor Wright in the administration of the internal affairs of the colony arose from the extraordinary conduct of William Grover. He was the chief justice of the province and, by virtue of his office, was capable of exercising the largest .powers and of exerting a most potent influence in the maintenance of law and order, in the punishment
1 See Letter to the Earl of Halifax, dated Savannah, 8th of December, 1763.
2 Seo Letter of' Governor Wright to the
Earl of Halifax, dated Savannah in Geor gia, 24th Dee., 1764.
e
53
SUSPENSION OF CHIEF JUSTICE GROVER.
of crime, and in shaping the moral tone of the community. Instead of responding to the requirements of his important station, he ignored its responsibilities, disregarded its obligations, prostituted its functions, and proved recreant to its trusts. So notorious became his official deportment that it attracted general comment and elicited almost universal condemnation. An ex- amination into his judicial course, inaugurated and conducted at the instance of the common council, resulted in a unanimous verdict that his behavior had been and was " partial, illegal, in- decent, and not consistent with the character, duty, and dignity of his office." It was resolved that he was unworthy of being continued in the position of chief justice of the colony, and that the honor of the service demanded his suspension until the pleas- ure of the king could be ascertained. Governor Wright did sus- pend him from office, and in a communication addressed to the Earl of Egremont, dated January 3, 1763, assigned the following reasons in justification of his action : -
1. Although a member of council, Chief Justice Grover, with- out cause, absented himself from its called meetings, and failed to discharge the duties devolving upon him as one of that impor- tant body.
II. Although a Crown servant and in the receipt of a salary of £500, so far from rendering any assistance in the conduct of public affairs, ho constantly manifested a disposition to oppose and thwart measures conducive to the general good.
III. In a manner wholly unjustifiable, he sought to influence the deliberations and opinions of the General Assembly.
IV. His judicial powers were improperly exercised to the dis- turbanco of military discipline and subordination.
V. He was arbitrary and oppressive in the enforcement of the legal process of his court, and careless of the rights of personal liberty.
VI. In reporting to the governor the judgments and sentences of the court of sessions, he was utterly negligent.
VII. He refused to attend a special court of oyer and terminer ordered for the trial of vagabond Spaniards who had, near Darien, murdered Mckay, his wife, and two negroes.
VIII. Toward the governor his behavior was uniformly insub- ordinate and contumacious.
IX. In the discharge of his official duties he was partial and not above suspicion.
After full investigation the Board of Trade deemed the charges
الد
54
THE HISTORY OF GEORGIA.
preferred fully proven ; and, by the king, was Mr. Grover re- moved from office in March, 1763.
Upon his suspension the following libel was found inscribed on the wall of a building near the State House in Savannah : -
"From Briton's gay Island where liberty reigns, Where Flora and Ceres enliven the plains, Where George still with wisdom and glory defends The blessings which nature profusely extends, Whence comes it dear W - that again thou explores
From Regions to happy American shores ? Carolina her agent must surely bemoan And cach vot'ry of Hermes 1 reccho the groan.
Thy fortune expiring he no more can raise. His sons shall no longer thy eloquence praise.
Is it ambition courts thee with soft soothing air, Or power, or riches that make thee repair To climates so sultry ?
It is not ambition alone does invite,
But power and riches both equal delight :
For what makes all doctrines most plainly appear,
It cannot be less - than a thousand a year. When lordly I stalk a phantom of state,
'Though mean my appearance, my heart is elate. Plans of Castles I dread, make speeches to F. . . G. ...
Who like - and - are my ready good tools.
A Council submissive attend on my nod,
Or, if fractious they prove, I'll suspend them by God. Hoc voleo my motto, sic voleo my rule.
Now damn you W-11 G-r, who says I'm a fool ?"
Incensed at this scandalous publication, the General Assem- bly, on the 10th of December, 1762, framed and submitted the following address to Governor Wright : - " May it please your Excellency.
" We, his Majesty's most dutiful and loyal subjects, the Coun- cil and Commons House of Assembly of the Province of Georgia in General Assembly met, beg leave to represent to your Excel- lency that whereas a certain false, scandalous, and defamatory Libel, highly reflecting on your Excellency and the whole Legis- lative Body of this Province, was lately found inscribed on the wall of an apartment near the State House :
" And whereas all means hitherto used have been found inef- fectual to find out the author thereof, we therefore, that nothing may be wanting on our part towards discovering and punishing the person or persons concerned in the making and publishing the said libel, and to testify our detestation of the false, scanda- lous, and malicious insinuations contained therein, and particu-
1 The God of lawyers and of thieves.
1
ء
4
55
PROCLAMATION OF GOVERNOR WRIGIIT.
larly to that part that so unjustly reflects on your Excellency whose upright, disinterested, and impartial administration has on all occasions been deservedly approved of by us, and justly re- quires our utmost efforts to support and maintain, do earnestly desire that your Excellency will be pleased to issue a proclama- tion offering a reward of one hundred and five pounds sterling (for which we will provide) to any person or persons who shall discover the author or authors of the said Libel so as he or they may be convicted thereof."
Sharing in the public indignation, and gratified at this action of the General Assembly, Governor Wright responded : -
" GENTLEMEN, - Libelling is one of the most scandalous and infamous offences a man can be guilty of, and I was hopeful that on the inquiry of both Houses sufficient matter would have ap- peared to you whereby you might have been able to fix upon and punish the author or authors of that most malicious Libel against the whole Legislative Body of this Province. Certain I am that every good man, that every honest man and well wisher to the Province, will think it his duty to bring such base delin- quenta to condign punishment : but, as your endeavors to dis- cover the person or persons concerned have proved ineffectual, (tho' I believe no man in his private opinion can doubt who it was and from whence it came) and as both houses request, I will issue a proclamation and offer a reward of £105 sterling to any person who shall discover the author or parties concerned. . . . I thank both Houses for the good opinion they entertain of me, and for the just resentment they have shewn against such vile attempts."
Although no positive proof was elicited to bring to punishment the author of this libel, it was the general belief that it origi- nated with the disgraced chief justice of the colony.
Harmless fell the libel, and its author sought to conceal him- self within the dark shadows with which he had enveloped him- self when tracing those defamatory lines. The envenomed shaft pierced not the good armor of the just governor who, secure in the affections and the esteem of his people, and intent upon the execution of the weighty trust committed to his keeping, regarded the malicious snarl and its baseless insinuations as
" But the fate of place, and the rough brake
That Virtue must go through."
لسل لعل جددالـ
-
Jec oll
.
CHAPTER IV.
STAMP ACT OF 1765. - ITS EFFECT IN GEORGIA. - GOVERNOR WRIGHT'S REPORTS OF THE PROCEEDINGS OF THE LIBERTY BOYS. - THE SOUTHI CAROLINA DECLARATION OF RIGHTS ENLISTS THE SYMPATHY OF GEOR- GIANS. - HABERSHAM'S OPINION. - GEORGIA'S POSITION. - UNGENEROUS ATTITUDE OF SOUTH CAROLINA. - PARLIAMENTARY DEBATE. - REPEAL OF THE ACT. - LEGISLATIVE PROCEEDINGS. - ADDRESS OF THE GENERAL ASSEMBLY TO THE KING. - A NEW SPIRIT ABROAD IN THE LAND.
IN support of the Stamp Act, by which it was proposed that the British Parliament should not only tax the American colonies but enforce the collection by decrees of English judges without the intervention of juries, Grenville argued that because the prov- inces could claim the protection of the home government Par- liament, in return, had a right to exact a revenue from them. Protection, said he, involves an army ; an army must be fed and paid ; and the requisite money and provisions can only be ob- tained by means of taxation. When considering the claim ad- vanced by the colonies that they could be lawfully taxed only in accordance with their own consent as expressed by their repre- sentatives, he advocated the doctrine that Parliament, as the common council of the whole empire, could impose both internal taxes as impost duties, and taxes on intercolonial trade.
Charles Townshend, the reputed master of American affairs, triumphantly propounded the inquiry, " And now will these American children planted by our care, nourished up by our in- dulgence to a degree of strength and opulence, and protected by our arms, grudge to contribute their mite to relieve us from the heavy burden under which we lie ?"
To him the impassioned Barre, the companion and friend of Wolfe and the sharer of the dangers and the glories of Louisburg and Quebec, responded with flashing eye and outstretched arm, " They planted by your care ! No : your oppressions planted them in America. They fled from your tyranny to a then un- cultivated, unhospitable country where they exposed themselves to almost all the hardships to which human nature is liable, and among others to the cruelties of a savage foo the most subtle, and
-
٠
57
SPEECII OF BARRÉ.
I will take upon me to say the most formidable, of any people upon the face of God's earth ; and yet, actuated by principles of true English liberty, they met all hardships with pleasure. . . They nourished up by your indulgence ! They grew by your neg- lect of them. As soon as you began to care about them, that care was exercised in sending persons to rule them in one depart- ment and another who were, perhaps, the deputies of deputies to some members of this house, sent to spy out their liberties, to misrepresent their actions, and to prey upon them : men whose behavior on many occasions has caused the blood of those SONS OF LIBERTY to recoil within them : men promoted to the highest seats of justice, some who, to my knowledge, were glad, by going to a foreign country, to escape being brought to the bar of a Court of Justice in their own. They protected by your arms ! They have nobly taken up arms in your defence ; have exerted a valor, amidst their constant and laborious industry, for the de- fence of a country whose frontier was drenched in blood, while ita interior parts yielded all its little savings to your emolument. And believe me, remember I this day told you so, the same spirit of freedom which actuated that people at first, will accom- pany them still. But prudence forbids me to explain myself further. God knows I do not at this time speak from motives of party heat ; what I deliver are the genuine sentiments of iny heart. However superior to me in general knowledge and ex- perience the respectable body of this house may be, yet I claim to know more of America than most of you, having seen and been conversant in that country. The people, I believe, are as truly loyal as any subjects the King has ; but a people jealous of their liberties, and who will vindicate them if ever they should be violated. But the subject is too delicate; I will say no more."
Notwithstanding a difference of sentiment, and in the teeth of all protests entered by the agents of the colonies, the Stamp Act of 1765 was passed by both houses of Parliament. Alluding to the objection urged by the American colonies to taxation without representation, one of the ministry exclaimed, " We have power to tax them, and we will tax them." In the language of Benjamin Franklin, the British nation was provoked by American claims of independence, and all parties resolved by this act to settle the question. It was the old story of the arbitrary exercise of irre- sistible might. Too crazy to appreciate the true nature of the uct he was called upon to perform, George III. signified his royal
1
(
T
-
58
THE HISTORY OF GEORGIA.
assent to the act by a commission. Thus did a bit of parchment, bearing the sign of his hand scrawled in the flickering light of clouded reason, under the British constitution compass the full legislative office of the king. Had he been a private individual, his commission could have imparted validity to no instrument.1
It was the belief of the American agents in England that the stamp tax could be peacefully levied, and no one supposed the colonies would dispute the matter with Parliament at the point of the sword. Knox, the Georgia agent, wrote publicly in its favor, and even the patriotic Otis deemed it the duty of the col- onists to submit. Franklin did not doubt but that it would be carried into effect. Sadly did they all mistake the temper and resolution of their constituents. Sweeping were the terms of the act. Unless the stamps prescribed were used, " marriages would be null, notes of hand valueless, ships at sea prizes to the first captors, suits at law impossible, transfers of real estate invalid, inheritances irreclaimable." Not a member of the ministry prophesied that the tax would be resisted, and Grenville himself " did not foresee the opposition to the measure, and would have staked his life for obedience."
When first acquainted with the nature of the proposed act, the Georgia authorities regarded the stamp duty " as equal as any that could be generally imposed on the Colonies, though the manner of imposing it greatly inspired alarm." 2 *
While the other colonies, through timid hesitation or from the want of opportunity, remained silent, Virginia "rang the alarum bell " and " gave the signal for the continent." From the lips of the eloquent Patrick Henry fell the bold declaration that the inhabitants of that colony inherited from the first settlers of that dominion equal franchises with the people of Great Britain ; that this equality had been declared in royal charters ; that taxation by themselves, or by persons chosen by themselves to represent them, was the distinguishing characteristic of British freedom and of the English constitution ; that Virginians had uninterruptedly enjoyed the right of being thus governed by their own laws regulating their internal polity and taxation ; that this right had never been forfeited or surrendered, but had been constantly recognized by the king and people of the United Kingdom ; that the General Assembly of the colony possessed the sole right and power to lay taxes on its inhabitants ; that
1 Bancroft's History of the United 2 Georgia Committee to Knox, April States, vol. v. p. 248. Boston. 1852. 15, 1765.
UX
1
59
RESISTANCE TO THE STAMP ACT.
any attempt to vest such power in any other persons tended to destroy British as well as American freedom ; that the inhab- itanta of Virginia were not bound to yield obedience to any laws designed to impose taxation except such as were promulgated by their own General Assembly ; and that any one who either by speaking or writing maintained the contrary should be deemed an enemy to the colony.
The sentiments thus promulgated commended themselves to the approbation of sister colonies. James Otis, of Boston, advo- cated the calling of an American congress which, consisting of committees from each of the thirteen colonies, should, without asking the permission of the king, come together and deliberate upon the propriety of the acts of Parliament. In New York a reprint of the Stamp Act was hawked about the streets as the " Folly of England and the ruin of America.". The "Sons of liberty " were banded together North and South, and were bus- ily engaged in planning retaliation or redress. "It is an insult on the mount common understanding," said James Habersham of Georgia, " to talk of our being virtually represented in Parlia- ment." Associations were formed to resist the Stamp Act by all lawful means, and it was hoped that American rights and liber- ties might safely be intrusted " to the watchfulness of a united continent." " Liberty, Property, and no Stamps" became the .
general cry, and the resolve was to resist the enforcement of the act.
On Monday, the 7th of October, 1765, the congress suggested by Otis assembled in New York. It was a bold convocation. Although not represented by delegates, Georgia was present in the person of a messenger who was sent to obtain a copy of the proceedings. Eschewing charter privileges, and building upon the principles of natural justice and universal reason, the dele- gates resolved in their declarations and remonstrances to stand upon those rights which they all knew and recognized as men and as descendants of Englishmen.
Dwelling upon the inherent right of trial by jury in opposition to the extension of the admiralty jurisdiction ; insisting upon freedom from taxation except through the respective colonial legislatures ; pronouncing all supplies to the Crown derived from the American colonies free gifts ; confessing that from local cir- cumstances the English colonies in America could never be rep- resented in the House of Commons; acknowledging subordina- tion to the Parliament of Great Britain, and oxtolling the English
1
60
THE HISTORY OF GEORGIA.
constitution as the most perfect form of government and the source of all civil and religious liberty, the delegates argued that in reason and sound policy there existed " a material distinction between the exercise of a Parliamentary jurisdiction in general acts of legislation for the amendment of the common law or the regulation of trade through the whole empire, and the exercise of that jurisdiction by imposing taxes on the Colonies, from which they therefore entreated to be relieved."
On the morning of the 25th this congress assembled for the last time, and the delegates set their hands to resolutions, remon- strances, and declarations by which the colonies became, as they expressed it, " a bundle of sticks which could neither be bent nor broken." For the stamp distributers was the warning given, " Assure yourselves the spirit of Brutus and Cassius is yet alive," and from the united nation went up the cry, " We will not sub- mit to the Stamp Act upon any account or in any instance." .
Upon receipt of the circular letter forwarded by the General Assembly of Massachusetts, soliciting the formation of a congress to assemble in New York in October, 1765, Mr. Wylly, speaker of the Commons House of Assembly of Georgia, issued a call to the members, requesting a convention at Savannah at an early day. Sixteen members responded, and on the 2d of September came together at the place named. Through the strenuous in- fluence of Governor Wright they were prevailed upon not to send delegates to the proposed congress. They did, nevertheless, pre- pare and transmit a response to the Massachusetts invitation, in- timating their readiness to cooperate heartily in every measure devised for the support and protection of the common rights of the colonies.
So satisfied was the governor with his loyal exertions and with the apparent tranquillity of the province that as late as the 20th of September he informed the Earl of Halifax that everything was well and doing well. Far.otherwise was the tenor of his communication addressed to Mr. Secretary Conway on the 31st of January, 1766: -
"SIR, - Yesterday I had the honour to receive the duplicates of your Excellency's letter of the 24th of October, and it is with the utmost concern that I am to acquaint your Excellency that the same spirit of sedition, or rather rebellion, which first ap- peared at Boston has reached this Province, and I have for three months past been continually reasoning and talking with the most dispassionate and sensible people in order to convince then
.
١
61
COMMUNICATION OF GOVERNOR WRIGIIT.
of the propriety of an acquiescence, and submission to the King's authority and that of the British Parliament, until they could point out their grievances, if any, and apply for redress in a con- stitutional way. I have also Sir, pointed out the dangerous con- sequences, distresses, and misery they must inevitably bring upon themselves by following the example of the Northern Colonies. This I have done in the strongest and most striking point of view I could place it in, and exactly agreeable to the sense and spirit of your Excellency's letter I had the honor to receive yes- terday. At other times I have had recourse to such little force as is in my power, and have in some measure preserved and sup- ported his Majesty's authority and prevented the Stamp papers from being destroyed, but Sir, I must at the same time declare that I have had the great mortification to see the reins of gov- erument nearly wrested out of my hands, his Majesty's authority insulted, and the civil power obstructed. But that your Excel- leney may be more clearly enabled to judge of the true state of affairs in this Province, and to lay the same before his Majesty, I humbly beg leave to state a brief narrative of some transac- tions here, and which I from time to time have acquainted the Lords of Trade with.
"On the 26th of October, the day of his Majesty's accession, I had ordered a general Muster : and in the evening, a little after night, there was a very great tumult in the streets, and some eiligies burnt, and a day or two after several incendiary threaten- ing letters were wrote on which I issued a proclamation as your Excellency will see by the enclosed newspaper. I also issued another proclamation against riots and tumultuous and unlawful assemblies, and from that time the spirit of faction and sedition took place and increased, and those persons who falsely call them- selves the Sons of Liberty began to have private cabals and meetings, and I was informed that many had signed an Associa- tion to oppose and prevent the distribution of Stamped papers, and the act from taking effect. But it was impossible to come at such proof as would enable me to support any legal proceed- ings against them, and I found they had determined on attacking the distributor as soon as he arrived, and compelling him to resign or promise not to act, as had been done in the Northern Colonies. I had also been informed that they intended to seize upon and destroy the papers whenever they should come. In the mean time Sir, every argument I could suggest was used to convince them of the rashness of such attempts and the dan-
1
A
NA
62
THE HISTORY OF GEORGIA.
gerous consequences that must attend them, and every method, both public and private, was pursued by me to bring them to a right way of thinking, and which I frequently thought I had effected, and am sure I should have done but for the inflam- matory papers, letters, and messages continually sent to the people here from the Liberty Boys, as they call themselves, in Charlestown, South Carolina, and by whom I am very clear all our disturbances and difficulties have been occasioned.
" And thus matters rested Sir, till the 5th of December when his Majesty's ship Speedwell arrived here with the stamped papers on board. I had used every precaution necessary to pre- vent either papers or officer from falling into the hands of those people, which they were not ignorant of. And when it was known that the Speedwell was in the river with the papers, several of the principal inhabitants came to me and gave me the strongest assurances possible that there was then no intention to seize upon or destroy the papers. And they were landed without any appearance of tumult and lodged in the King's store or ware- house under the care of the Commissary. But notwithstanding these assurances with respect to the papers, I still found there was a design against the Officer.
" From the 5th of November everything remained pretty quiet, but I found cabals were frequently held and inflammatory letters sent from Charlestown, and on the 2nd of January, about 3 in . the afternoon, I was informed that the Liberty Boys in town had assembled together to the number of about 200 and were gath- ering fast, and that some of them had declared they, were deter- mined to go to the Fort and break open the Store and take out the stamped papers and destroy them ; on which I immediately ordered the officers to get their men together, but appearances and threats were such that in three days I had not less than 40 men on duty every night to protect the papers, or I am confident they would have been destroyed.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.