USA > Georgia > The history of Georgia: containing brief sketches of the most remarkable events, up to the present day, Vol. I > Part 19
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sionately loved it, and who so temperately, wise- ly and virtuously asserted, maintained and de- fended it. With these correct impressions, doc- tor Franklin embarked for England.
When the offensive stamp act of the 22nd of March 1765, received the royal assent in Eng- land, it produced a tumult in every province in America, and nothing but the repeal of it could heal the wound which was anticipated from its operation. This was succeeded by the revival of another act, equally offensive, for quartering his majesty's forces on the inhabitants, and sup- plying them in their quarters, and furnishing carriages on marches and other necessary occa- sions, and that when ever. any troops should march through, or be stationed in any place in North America, no expense was to be brought upon the crown. These, with other mortifying and offensive grievances, were in many instances imposed upon the provinces, without their appro- bation or consent. But such was the disposition of Great Britain, that while we were supplicating relief from one act of oppression, two or three others were substituted in its stead.
A letter was received from the speaker of the assembly of Massachusetts, desiring a union of the provinces in opposition to the oppressive acts of Great Britain ; to which the following answer was written :- .
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" Province of Georgia, 16 June, 1768. Sir-Your respected favor of the 11th of February, came to hand only a few days since. I am sorry it is not in my power to give you so full and satisfactory an answer thereto as the importance of the subject requires. The members of the present assembly of this prov- ince, have but lately been elected ; and though the writs were returnable and the house required . to meet the first of this month, yet our governor thought proper, prior thereto, to prorogue the assembly until November. For this reason, sir, I can only reply to your favor as a private person, or late speaker, and inform you that before the dissolution of the last assembly, the house took under consideration, the several late acts of par- liament for imposing taxes and duties on the A- merican colonies ; and being sensibly affected thereby, ordered the committee of correspon- dence, to instruct our provincial agent, Mr. Ben- jamin Franklin, to join earnestly with the other colonies' agents, in soliciting a repeal of those acts, and in remonstrating against any acts of the like nature for the future. These instructions has been transmitted to Mr. Franklin, and I have no doubt but he will punctually observe them. When the assembly meet, I will lay your favor ! efore the house, and I am sure that such measures will be pursued, in consequence thereof, as will mani- fest their regard for constitutional liberty, and
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their respect for the house of representatives of the province of Massachusetts Bay, whose wise and spirited conduct is so justly admired.
I am, Sir, &c.
ALEXANDER WYLLY."
At a meeting of the legislature in the prov- ince of Georgia, in February 1770, they took into consideration the rights which the parlia- ment of Great-Britain claimed, to bind the peo- ple of America by statutes in all cases, and their imposition of taxes on the Americans under va- rious pretences, but in truth for the purpose of raising a revenue ; and to bend the necks of the colonists for the yoke which Great-Britain was preparing for them : and their establishing of a board of commissioners with unconstitu- tional powers, and extending the jurisdiction of courts of admiralty, not only for collecting the duties imposed by these acts, but for trial of causes arising within the body of a county. Standing armies were also kept up in America, in time of profound peace ; and by the revival of a statute made in the thirty-fifth year of Henry the eighth, colonists might be transported to England, and tried there upon accusations for treasons,. or misprisions or concealments of trea- son, committed in the colonies; and by a late statute, such trials had been directed in cases therein mentioned : and that the governor had frequently taken upon himself to dissolve the as-
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semblies, contrary to the rights of the people, when they attempted to deliberate on grievances, in conformity to the custom of their ancestors, for ascertaining and vindicating their rights and liberties. In consequence of these infringments, the house of assembly made the following decla- rations.
" Firstly-That the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitu- tion, and the several charters or compacts, have the following rights.
" Secondly-That they are entitled to life, li- berty and property, and they have never ceded to any sovereign power whatever, a right to dispose of either, without their consent.
" Thirdly-That our ancestors who first set- tled these colonies, were at the time of their emi- gration from the mother country, entitled to all the rights, liberties and immunities of free and na- · tural born subjects, within the realm of England.
"Fourthly-That by such emigration, they by no means forfeited, surrendered, or lost any of those rights ; but that they were, and their des- cendants now are entitled to the exercise and en- joyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
" Fifth'y-That the foundation of English liberty and free government, is a right of the people to participate in the legislative council :
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and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British par- liament, they are entitled to a free and exclusive power of legislation, in their several provincial legislatures ; where their right of representation can alone be preserved in all cases of taxation and internal policy ; subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed : but from the necessity of the case and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parlia- ment as are bona fide restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commer- cial benefits of its respective members ; exclud- ing every idea of taxation, internal or external, for raising a revenue on the subjects in America without their consent.
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" Sixthly-That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable priv- ilege of being tried by their peers of the vici- nage, according to the course of that law.
" Seventhly-That they are entitled to the ben- efit of such of the English statutes as existed .at the time of their colonization, and which they have by experience, respectively found to be
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applicable to their several local and other circum- stances.
" Eighthly-That his majesty's colonies are likewise entitled to all the immunites and privil- eges granted and confirmed to them by royal charters, or secured by their several codes of pro- vincial laws.
" Ninthly-That they have a right peaceably to assemble and consider of their grievances, and petition the king ; and that all prosecutions, pro- hibitory proclamations, and commitments for the same, are illegal.
" Tenthly-That the keeping a standing army in the colonies in times of peace, without the con- sent of the legislature of that colony in which such army is kept, is against law.
" Eleventhly-And as it is indispensably ne- cessary to good government, and rendered essen- tial by the English constitution, that the constit- uent branches of the legislature be independent of each other-
" Resolved-That the exercise of legislative power in any colony by a council appointed du- ring pleasure by the crown, may prove danger- ous and destructive to the freedom of American legislation : all and each of which, the commons of Georgia in general assembly met, do claim, de- mand and insist on, as their indubitable rights and liberties, which cannot be legally taken from them, altered or abridged, by any power what- ever, without their consent.
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"And whereas there are many infringementsand violations of the foregoing rights, which from an ardent desire that harmony and mutual inter- course of affection and interest, may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the close of the last war ; which demonstrate a system formed to enslave America.
" Resolved-That the following acts of parlia- ment are infringements and violations of the rights of the colonies, and that the repeal of them is es- sentially necessary, in order to restore harmony between Great-Britain and the American colo- nies-viz. The several acts in vol. IV, Geo. the third, ch. 15 and ch. 34-vol. V, Geo. the third, ch. 25-vol. VI, Geo. the third, ch. 52- vol. VII, Geo. the third, ch. 41, and ch. 46- vol. VIII, Geo. the third, ch. 22, which impose duties for the purposes of raising a revenue in America ; extend the powers of the admiralty courts beyond their ancient limits ; deprive the American subjects of trial by jury ; authorise the judge's certificate to indemnify the prosecu- tor from damages that he might otherwise be liable to; requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property : and are subversive of American rights. Also vol. XII, Geo. the third, chap. 24, entitled an act for the better securing his majesty's dock yards, maga- zines, ships, ammunition and stores, which de-
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clares a new offence in America, and deprives the American subjects of a constitutional trial by ju- ry of the vicinage, by authorising the trial of any person charged with committing any offence de- scribed in the said act out of the realm, to be in- dicted and tried for the same in any shire or county within the realm. Also the three acts pass- ed in the last session of parliament for the stopping the port, and blocking up the harbour of Boston ; for altering the charter and government of Mas- sachusetts Bay, and that which is entitled an act for the better administration of justice, &c. Al- so the act passed in the same session for establish- ing the Roman Catholic religion in the province of Quebec, and abolishing the Episcopal sys- tem of English laws, and erecting a tyranny there to the great danger, from so total a dissimilarity of religion, law, and government, to the neigh- boring British colonies, by the assistance of whose blood and treasure, the said country was conquer- ed from France. Also the act passed in the same session, for the better providing suitable quarters for officers and soldiers in his majesty's service in North-America. Also that the keeping a standing army in several of the colonies in time of peace, without the consent of the legislature of that colony in which such army.is kept, is against law.
" Resolved-that this house do present their most grateful acknowledgments to those truly noble, honorable and patriotic advocates of civil
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and religious liberty, who have so generously and powerfully, though unsuccessfully, espoused and defended the cause of America, both in and out of . parliament.
" Resolved-That the thanks of this house be given to the members of the late continental con- gress, for their wise and able exertions in the cause of American liberty.
" Resolved-That -- , be deputies to represent this province in the intend- ed American continental congress, proposed to be held at the city of Philadelphia on the 10th of May next, or at any other place or time, as may hereafter be agreed on by the said congress.
" Ordered-That Mr. Speaker do transmit a copy of the above resolution to the honorable Peyton Randolph esquire, president of the said congress."
As may be supposed, these resolutions did not correspond with the political wishes of governor Wright. . Copies were transmitted to the other provinces, and to doctor Franklin in London. Similar resolutions, in substance, were received by doctor Jones, the speaker, from almost every province in America. Doctor Franklin in his letters to the speaker, observed that parliament had risen without repealing the duties which had been so generally complained of, but that the min. istry had assured him that the affairs in America had lately been considered in council, that it was the unanimous opinion, that no new acts for the
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purpose of raising a revenue in America would be passed, and that it was the full intention of his majesty's servants, to propose early in the ensu- ing session, the repeal of the duties on glass, pa- per, and painters' colours. He had little hopes of attaining all that he desired, or all that ought to have been granted at once, but the giving ground in some degree had a good aspect, and afforded room to hope, that gradually, every obstruction to that cordial amity so necessary for the welfare of the whole empire, would be removed : he thought it would be better if these things could be effected at once, but that it was too much to expect, considering the pride natural to so great a nation ; the prejudices that had so universally prevailed with regard to the point of right, and the resentment arising from the resistance of the American provinces. ' About this time a war with Spain was considered inevitable ; and a dis- position to accommodate amicably all differences with the colonies, began to show itself more strongly among persons in power, and the Ame- rican agent thought it good policy to cultivate as much as possible that disposition : France how- ever, being unwilling to join Spain in the contest, she thought it policy to smother her inclination for war.
Late in the year 1770, the board of trade in England had instructed governer Wright to con- sent to an act for electing representatives in the four parishes south of Alatamaha. The deputy-
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secretary of state, had been required to give evi- dence before the house of representatives, but he questioned the power which the house had . exercised, and refused compliance ; in conse- quence of which he was committed to prison. The governor refused to notice the proceedings of the house, on the grounds of their being ille- gal; alledging that he had not sanctioned a re- presentation from those parishes; and he was highly displeased with the power which had been assumed by them, in the imprisonment of the deputy-secretary. These circumstances, to- gether with the evident disposition of a large ma- jority of the members to support the resolutions entered into the preceeding session, induced the governor to resort to the extraordinary expedient of dissolving the assembly. The governor con- tended that the house of commons had not a right to extend commitments beyond the mem- bers of their own body. On a similar occasion, the king of England was so far from dissolving the house for exercising or insisting on this priv- ilege, that on the contrary, he rather stretched his prerogative and lent his aid to the commons, by issuing a proclamation, directing the contu- macious persons to be apprehended, and offered a reward for taking them. The king of England at that day, would not have ventured on the ex- ercise of so much power: but the provincial governors took greater liberties, having naturally no respect for the people, but a great abundance
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for ministers. Doctor Franklin supposed that it was by the arbitrary proceedings of provincial governors and other crown officers, countenanced by their protectors in England, that the affections of the Americans to the mother country were daily diminishing ; and their attachment to its government, in danger of being lost in the course of a few succeeding years.
Governor Wright embarked for England on the 2nd of July 1771, and did not return to Georgia until the 11th of February 1773. Dur- ing his absence, James Habersham, president of the council, exercised the executive functions.
In 1772, a change was made in the ministry, from which it was hoped that America would derive some advantages, as a change could scarce- ly be made less favorable to the interest of the provinces. From the character of lord Dartmouth it was expected that he would oppose the arbi- trary proceedings which had disgraced the form- er administration : but these pleasing anticipa- tions were not realized.
Corresponding committees were nominated in all the colonies, and the crisis approached, when it was necessary for them to decide, whether they would submit to taxation by the British parlia- ment, or make a stand for the support of their principles and meet the consequences.
It was not the author's intention in this vol- ume, to trespass upon the bounds of the revolu- tionary war, which produced an entire alteration
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in the affairs of this province, changed the form of its government from regal to representative, and united it with the other colonies in the es- tablishment of freedom and independence.
END OF THE FIRST VOLUME.
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BIOGRAPHICAL SKETCH
OF THE LIFE OF
GENERAL OGLETHORPE.
JAMES EDWARD OGLETHORPE, was . the son of sir Theophilus Oglethorpe of Godalmen in the county of Surry, lieutenant-colonel of the duke of York's troop of the king's horse-guards, a major-general of the army, and a member of parliament, by Eleanora his wife, daughter of Richard Wall of Ragane, in Ireland. He was born in the parish of St. James's the 21st of De- cember 1698 :* his father and two of his brothers
* In 1707, a pamphlet was published in England, entitled Frances Shaftoe's narrative, containing an account of her being a servant in sir Theophilus Oglethorpe's family; and with all the illiterate simplicity of her station, states that the pretended prince of Wales was sir Theophilus's son ; that she was sent to France and barbarously used to make her turn papist and nun, in order to prevent a discovery, but she made her escape to Switzerland, and from thence returned to England. She says; " Ann Ogle- thorpe told me that the first pretended prince of Wales died of convulsion fits at the age of five or six weeks ; but her mother had a little son some days older than the prince, and her mother took her little brother James, all in haste, and went to London, that her little brother and the prince were both sick together, and her little brother died, or was lost, but that it was a secret between her mother and queen Mary." It is something extraor- dinary, if true, that there is no record of Oglethorpe's birth on the parish register, in conformity with a long established custom of Great-Britain ; and I am indebted to the Encyclopedia Perthen- sig, and the journal of a private gentleman in Georgia, where his birth day was celebrated, for the date which I have inserted,
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being in the army, he was educated with a view to that profession, which he afterwards embraced. He was appointed an ensign in 1711, and in 1713 performed duty with that rank, at the proclama- tion of the peace at Utrecht. He was promoted to a captain-lieutenancy of the queen's guards in 1715 : he afterwards employed himself in ac- quiring the art of war, under the famous prince Eugene, and other eminent commanders. He was patronized by the dukes of Argyle and Marlborough, by whose recommendations he acted as secretary and aid-de-camp to the prince, though at an early period of life, and stored up much useful knowledge. It was said that he was offered some preferment in the German service, where he might have acquired the station which his companion, marshal Keith, afterwards ob- tained : but with a man of his sentiments, the obligations due to his country, and the services it required, were not to be dispensed with.
From the time of prince Eugene's campaigns, the pacific disposition of the powers of Europe, prevented the exercise of Oglethorpe's military talents for a considerable time : at length a field. was opened in the western world, where he had an opportunity of displaying them, and giving evidence of the feelings of his heart.
He was appointed colonel of a regiment the . . 25th of August 1737, with the rank of general and commander in chief over all the king's forces in Georgia and South-Carolina. It is said that
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he commanded the first regular force that was ever stationed in America, and that he was the first general to whom a chief command had been given over two provinces. He was appointed brigadier-general in the British army, the 30th of March 1745, and major-general, the 13th of September 1747. He was elected member of parliament for Haslemere in Surry, in 1722, 1727, 1734, 1741 and 1747; and during that period many regulations in the laws of England, for the benefit of trade and for the public weal generally, were proposed and promoted by him. In 1728, finding a gentleman, to whom he paid a visit in the Fleet prison, loaded with irons and otherwise barbarously used, he engaged in a philanthropic inquiry into the state of the prison- ers and gaols in England ; where upon investiga- tion, facts, disgraceful to humanity, were develo- ped. He moved in the house of commons, that a committee should be appointed to inquire into the state of the prisoners confined in the gaols of Great-Britain. A committee was accordingly appointed, and Oglethorpe who was its chairman, reported in 1729, several resolutions, which in- duced the house to attempt a redress of many flagrant abuses.
Oglethorpe suggested a project for the con- sideration of a number of gentlemen, principally members of parliament, who lately had occasion to observe the miserable condition of prison-
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ers, confined in gaols for debt : moved with compassion for their relief, they judged that if they were settled in some of the new colonies . in North America, they might, instead of being a burthen and disgrace, be made beneficial to the nation.
On the 15th of July 1732, he was vested with the functions of governor of Georgia, and in the ten succeeding years he crossed the Atlantic ocean six times, without fee or hope of reward, to forward his laudable design of settling the province. When he returned to England for the last time, in 1743, he took with him an In- dian boy, son of one of the chiefs, who receiv- ed a pretty liberal education and returned to Georgia a polished man ; and when he went into the Creek nation, considerable expecta- tions were entertained from his influence in planting the seeds of civilization amongst his countrymen ; but he soon returned to his na- tive habits.
General Oglethorpe, complimented colonel Noble Jones with. his portrait in a neat frame, representing his Indian pupil standing by his side reading : it was lost when Savannah was captured by the British forces in December 1778.
In 1745, he accompanied the duke of Cumber- land into Scotland, which was his last military expedition. On the 20th of August 1744, he
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married Eliza,* daughter of sir Nathan Wright, bart. an heiress.
At the commencement of the American re- volution, General Oglethorpe, being the senior officer of sir William Howe, and now grown old in military fame without sullying his laurels, had the prior offer of the command of the forces appointed to subdue the colonies. He agreed to accept the appointment on condition the ministry would authorise him to assure the colonies, that justice should be done them. His proposal at once appeared the result of humanity and equity ; he declared that-" He knew the " people of America well ; that they never would
* Verses enclosed to a lady in Charleston, soon after Ogle- thorpe's marriage ; who inquired when he would return to America.
" The fairest of Diana's train, For whom so many sigh'd in vain, Has bound him in her silken chain, From whence he'll ne'er get loose again. The son of Jove and Venus knew, Who bravely fought, could nobly woo, And howsoc'er he dared in fight, Was forc'd to yield to lovely Wright. Both charming, graceful, equal, fair, Love glorying in so bright a pair ; fortune and nature both together, Have left no vacant wish for either. He, noble, generous and brave ; She, all the virtues wise men crave, With manly judgment too beside, As c'er made hero happy bride. Help, youths and virgins, help to sing, The prize which Hymen now does bring : I too my feeble voice will raise ; To name but Oglethorpe, is praise."
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, " be subdued by arms, but that their obedience " would ever be secured by doing them justice.">
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