USA > Georgia > The history of Georgia: containing brief sketches of the most remarkable events, up to the present day, Vol. I > Part 9
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sons whatsoever, shall be altered, made and estab- lished in manner and form following ; that is to say, that if a tenant in tail male of lands or tene- ments in the said colony, not having done or suf- fered any act, matter or thing, whereby his estate therein may be forfeited or determined, shall happen to die, leaving a widow and one or more child or children ; that then and in such case, the widow of such tenant shall hold and enjoy the dwelling house and garden, (if any such there be) and one moiety of such land and tenements, for and during the term of her life ; the said moiety to be set out and divided ; and in case the parties inter- ested therein, do not agree within the space of three months, by the magistrates of the town court in Georgia, nearest thereto, or any one of them-and in case such division be made by one of such magistrates only, then any person, or per- sons, finding him, her or themselves, aggrieved thereby, may within the space of three months, appeal to the other three magistrates of the said town court, whose determination thereof shall be final. And if such tenant shall happen to die, leaving only a widow, and no child or children, then that such widow shall hold and enjoy the said dwelling house, garden and all such lands and tenements, for and during the term of her life .- And in case the widow of any such tenant, whe- ther he die without issue by her or not, shall mar- ry again after his decease, then such person to
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whom she shall be so married, shall within the space of twelve months after such marriage, give secu- rity to the said trustees, and their successors, whether personal or otherwise, agreeable to such instructions as shall be given by the common council of the said trustees, for maintaining and keeping in repair, during such marriage, the said dwelling house, garden and other premises, to which she shall be so entitled in right of her for- mer husband : And if such security shall not be given in manner aforesaid, within the space of twelve months after such marriage, that then, and in such case, the provision hereby made, or in- tended to be made for the benefit of such widows, shall cease, determine and be absolutely void, to all intents and purposes ; and the said dwelling house and garden, and all and singular the pre- mises, shall be and enure to such child or chil- dren, or such other person or persons, who would be entitled to the same, in case the said widow was naturally dead.
" And if tenant in tail male of lands or tene- ments in the said colony, not having done or suf- fered any act, matter or thing, whereby his or her estate therein may be forfeited or determined, shall happen to die, leaving one or more daugh- ter or daughters, and no male issue ; then that such lands and tenements, if not exceeding eigh- ty acres, shall be holden in tail male by any one of the daughters of such tenant ; and if exceeding eighty acres, by any one or more of the daugh -.
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ters of such tenant in tail male, as such tenant shall by his or her last will and testament in writ- ing, duly executed in the presence of three or more credible witnesses, direct and appoint ; and in default of such direction and appointment, then that such lands and tenements shall be holden in tail male by the eldest of such daughters ; and in default of issue male and female, either born in the life time of such tenant in tail male, or within nine months after his decease, then that such lands and tenements, if not exceeding eighty acres, shall be holden in tail male by any one such person ; and if exceeding eighty acres, by any one or more such person or persons, as such ten- ant in tail male by his or her last will and testa- ment in writing, executed as aforesaid, shall di- rect and appoint ; and in default of such direction or appointment, then that such lands and tene- ments, shall be holden in tail male by the heirs at law of such tenant , subject nevertheless, in all and every of the said cases, to such right of the. widow (if any) as aforesaid, provided that such daughter or daughters, and all and every such person or persons, so entitled to hold and enjoy such lands and tenements, do within the space of twelve months after the death of such tenant, personally appear, if residing in America, and `claim the same in any of the town courts in Geor- gia ; and if residing out of America, then within the space of eighteen months next after the death of such tenant : and provided also, that no such
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devise or appointment, shall be made by such tenant of lands exceeding eighty acres, in any lesser or smaller portion or parcel than fifty acres to any one daughter, or other person : and that no daughter or other person shall be capable of enjoying any devise, which may thereby increase his or her former possession of lands within the said colony, to more than five hundred acres; but such devise to be void, and the lands thereby given, to descend in such manner as if no such devise had been made. And in default of such appearance and claim, as aforesaid, that all and singular such lands and tenements shall be, and remain to the said trustees and their successors, for ever: Provided also, that all and every such estates hereby created or intended to be created, shall be subject and liable to the several rents, reservations, provisoes and conditions, as in the original grants thereof are particularly mentioned and contained ; save and except so much thereof as is hereby altered, or intended to be altered, in case of failure of male issue, and the provision hereby made or intended to be made for widows. " And that in every grant hereafter to be made by the said trustees or their successors, of any lands or tenements in the said colony, all and every grantee therein named, not doing or suffer- ing any act, matter or thing whereby his or her estate therein may be forfeited or determined, shall have good right, full power, and lawful au- thority to give and devise the same by his or her
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last will and testament in writing, duly executed in the presence of three or more credible witnesses, in manner and form following, viz. Every gran- tee of lands not exceeding eighty acres, to any one son or any one daughter in tail male, and every grantee of lands exceeding eighty acres, the whole or any part thereof, but not in lesser lots or portions than fifty acres to any one de- devisee, to his or her son or sons, daughter or daughters in tail male ; and in default of such devise as aforesaid, then that such lands and tene- ments shall descend to the eldest son in tail male; and in default of male issue, to the eldest daugh- ter in tail male ; and in default of issue male and female, then that such lands and tenements shall be holden in tail male, if not exceeding eighty acres, by any one such person, and if exceeding eighty acres, by any one or more such person or persons, but in any smaller lot or portion than fifty acres to any one person as such grantee shall by his or her last will and testament in writing, executed as aforesaid, direct and appoint ; and in default of such direction or appointment, then that such lands and tenements shall be holden in tail male by the heir at law of such grantee ; sub- ject nevertheless to such right of the widow (if any) as aforesaid, provided always, that no son, daughter or other person, shall be capable of en- joying any devise which may thereby increase his or her former possession of land within the said colony, to more than five hundred acres, but
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such devise to be void and the lands thereby given, to descend in such manner as if no such devise had been made : Provided also, that such son or sons, daughter or daughters, and all and every such person or persons entitled to hold and enjoy any such lands and tenements, do within the space of twelve months after the death of such . grantee, of those under whom they claim, per- sonally appear, if residing in America, and claim the same in any of the town courts in Georgia ; and if residing out of America, then within the space of eighteen months next after such death ; and in default of such appearance and claim as aforesaid, that all and singular the said lands and tenements shall be and remain to the said trustees, and their successors forever. And provided also, that all and every such estates shall be subject and liable to the like rents, reversions, provisoes and conditions, as in the former grants of lands heretofore made, save and except so much thereof as is hereby altered, upon the failure of male issue.
" And it is hereby required, that public notice of these resolutions be forthwith given by the magistrates of the respective town courts in Geor- gia, and also by the secretary of the said trustees in London, that all and every the grantees of lands and tenements within the said colony, may enter their respective.claims, cither at the Georgia of- fice, near old palace yard in Westminster, or in any of the town courts in Georgia, within the
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space of twelve months from the date hereof, to the end that they may receive the benefit hereby intended, and that proper grants and conveyances in the law may be forthwith prepared and exe- cuted for that purpose. And it is hereby express- ly declared, that no fee or reward shall be taken for the entering of any such claim, directly or in- directly, by any person or persons whatsoever.
Signed by order of the said common council, BENJAMIN MARTYN, Secretary."
These resolutions were published by para- graphs in a Charleston Gazette, but as they were not well understood, Stephens was requested on a certain day, to read them entire at the court- house, and explain them as he went on-after he had finished this task, and exerted his utmost abilities in giving an explanation, one of the set- tlers, ludicrously remarked, that the whole paper consisted of males and tails and that all the law- yers in London would not be able to bring the . meaning down to his comprehension; and that he understood as little of its meaning then, as he had when Stephens began-others wished to know how often those two words had occurred in the resolutions, that the number ought to be pre- served as a curiosity ; and that the author of it ought to be lodged in bedlam for lunacy.
In 1739, general Oglethorpe informed the trus- tees, that he had been advised through a variety of sources, that the Spaniards had been tampering
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with the Indians by every possible means, to bring them into a war against the British colonies, and suggested the necessity of his taking a jour- ney into the nation, for the purpose of adopting measures to defeat a scheme, which would be so injurious to the settlement of Georgia : and that a general assembly of the nations which was soon to be held at the Coweta town, four hundred miles from Frederica, afforded a favorable oppor- tunity for the accomplishment of his purposes ; and the more effectually to destroy the seditious designs of the Spaniards, he should carry with him several pack-horse loads of goods to be dis- tributed amongst the Indians as presents : accord- ng ly, and in compliance with a promise he made the preceding year, he travelled through the na- tions as far as the Cowetas, where he conferred with the deputies of the Creeks, Cherokees and Chickasaws : he was received with the greatest hospitality and friendship, and after smoaking the pipe of peace, drinking sofkey, black-drink, and passing through the various ceremonies of their ancestors ; they unitedly declared, that they remained firm in their former love to the king of Great-Britain and his subjects, and adhered to all the engagements of amity and commerce, entered into with the general as the representative of the trustees of Georgia. By this treaty# it was fur- ther declared that all the dominions, territories and lands between the Savannah and St. John's
* Sce Appendix No. 3.
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rivers, including all the islands; and from the St. John's river to the Apalachie bay, and thence to the mountains ; do by ancient right belong to the Creek nation ; and that they would not suffer either the Spaniards, or any other people, except- ing the trustees of the colony of Georgia, to set- tle their lands. They also acknowledged the grant which they formerly had made to the trus- tees, of all the lands on Savannah river, as far as the river Ogechee, and all the lands along the sea coast as far as St. John's river, and as high as the tide flowed ; and all the islands, particularly St. Simons, Cumberland and Amelia ; and that they reserved to the Creek nation all the lands from Pipe-makers bluff to Savannah, and the islands of St. Catharine, Ossabaw and Sapelo ; and further declared, that the said lands were held by the Creek nation as tenants in common. Oglethorpe, as commissioner of George the second, declared that the English should not enlarge or take up any lands, excepting those granted as above men- tioned, to the trustees, by the Creek nation, and covenanted that he would punish any person, who should intrude upon the lands, so reserved by that nation. This treaty was concluded on the 21st of August, 1739.
This judicious arrangement was well timed and proved advantageous to the public. It was just closed when he received an express from secreta- ry Stephens, enclosing a letter from Col. Bull, lieutenant governor of South Carolina, with intel-
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Eigence from lieutenant governor Clarke of New- York, stating that the French had marched from Mont-Real, with a body of two hundred regular troops, and five hundred Indians, who were to be reinforced by French and Indians on their route, and that this army was designed against the In- dians in friendship with his Britannic majesty's subjects in South-Carolina and Georgia, who are . situated near some branches of the Mississippi river. The general apprised the Indians of the danger with which they were threatened, and af- ter mutual promises of perpetual friendship, he returned to Georgia.
While admiral Vernon was sent to take the command of a squadron on the West-India sta- tion, with orders to act offensively against the Spanish dominions in that quarter, to divide their force, General Oglethorpe was ordered to annoy the subjects of Spain in Florida, by every meth- od in his power : in consequence of which the General projected an expedition against the Span- ish settlement at Augustine; this design he com- municated to Governor Bull, requesting the sup- port and assistance of Carolina in the expedition. Bull laid his letter before the provincial assembly, recommending to them to raise a regiment, and give him all possible assistance in an enterprise of such interesting consequence. The assembly, sensible of the great advantages that must accrue to them from getting rid of such troublesome neighbors, resolved, that so soon as the General
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should communicate to them his plan of opera- tions, together with a statement of the assistance requisite, at the same time making it appear that there was a probability of success, they would most cheerfully assist him.
The Carolinians however, were apprehensive that as the garrison at Augustine had proved such a painful thorn in time of peace, they would have more to dread from it in time of war. The people nevertheless lent a favorable ear to the proposal, and earnestly wished the dislodgement of so malicious an enemy. General Oglethorpe was busily engaged in collecting all the intelli- gence he could, respecting the situation and strength of Augustine, and finding it was not well supplied with provisions, urged the execu- tion of his project at the favorable moment, with a hope of surprising the enemy before a supply should arrive. He declared that no personal toil or danger should discourage him from exerting himself towards freeing Carolina from such neigh- bors, as had instigated their slaves to massacrc them, and publicly protected them, after such bloody attempts. That measures might be con- certed with the greatest secrecy and expedition, he went to Charleston in person, and laid before the legislature of Carolina, an estimate of the force, arms, ammunition and provisions, which he judged might be requisite for the expedition. The assembly voted one hundred and twenty thousand pounds Carolina money for the expen-
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ses of the war-a regiment consisting of four hundred men was raised in Virginia and the Ca- rolinas, with the greatest expedition, and the com- mand given to colonel Vanderdussen : Indians in alliance with the British colonies, were invited to join in the expedition. Vincent Price, command- er of the ships of war on that station, agreed to assist with a naval force of four twenty gun ships and two sloops, which encouraged the Carolinians to be more vigorous in their military preparations. Gen. Oglethorpe appointed the mouth of St. John's ri- ver, for the place of rendezvous, and having fin- ished his arrangements in Carolina, returned to Georgia, to put his regiment in readiness for the expedition. On the 9th of May, 1740, the gene- ral passed over to Florida, with four hundred se- lect men of his own regiment, and a considerable party of Indians, and on the day following invest- ed Diego, a small fort twenty-five miles from Au- gustine, which after a short resistance surrender- ed by capitulation. In this fort, he left a garrison of sixty men, under the command of lieutenant Dunbar, and returned to the place of general ren- dezvous, where he was joined by colonel Vander- dussen with the Carolina regiment, and a com- pany of highlanders from Darien, commanded by captain M'Intosh. Before the Carolina troops arrived at St. Johns, six Spanish half galleys, with long brass nine pounders, and two sloops loaded with provisions, had got into the harbor at Augustine ; this was a sore and unexpected.
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stroke to the general's hopes : when the Carolina troops arrived, he marched with his whole force consisting of about two thousand regulars, pro- vincials and Indians, to fort Moosa, situated with- in two miles of Augustine, which was evacuated on his approach, and the garrison retired into the town ; he destroyed the gates, opened breach- es into the fort-walls, and proceeded to reconnoitre the town and castle. Notwithstanding the despatch of his army, the Spaniards during his halt at fort Diego, had collected all the cattle from the neigh- boring woods and driven them into the town ; and the general found, from a view of the works, and the intelligence he received from prisoners, that there would be more difficulty attending this enterprise than he had at first expected : it is pro- bable he might have been successful if he had not halted at Diego, but pressed all his force imme- diately against Augustine ; for by the delay occa- sioned at that place, and the tardy movements of the Carolina troops, the enemy had notice of his approach, gathered in all their force, and put themselves in a posture for defence ; besides the acquisition of the garrison of Moosa, which might probably have been cut off. The castle was a regular work, built of soft stone, with four bas- tions, the curtain sixty yards long, the parapet nine feet thick, the rampart twenty feet high, case- ments beneath for lodgings, arched over and newly made, bomb-proof : fifty pieces of cannon were mounted, several of which were twenty-
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four pounders : besides the castle, the town was entrenched with ten salient angles, mounted with small cannon. The garrison consisted of seven hundred regulars, two troops of horse, four com- panies of armed negroes, besides the militia of the province and Indians, with a considerable . supply of provisions, and the command of a fine fishery. The general plainly perceived that an attack by land upon the town, and an attempt to take the castle by storm, would not only cost him a great deal of blood, but probably fail, therefore changed his plan of operations. With the assist- ance of the ships of war which were then lying at anchor off the bar, he resolved to turn the siege into a blockade, and close every channel by which any additional stock of provisions could be conveyed to the garrison : for this purpose he left colonel Palmer with ninety-five highlanders and forty-two Indians at fort Moosa, with orders to scour the woods round the town, and intercept all supplies from the country by land ; and for the safety of his men, ordered the encampment to be changed every night, to keep a strict watch, and by all means avoid coming to a general action. This small party composed the whole force left for guarding the land side ; colonel Vanderdus- sen's regiment was sent over a small creek to take possession of a neck of land called Poin Quartel, about a mile from the castle, with orders to erect a battery upon it ; while the general with his regiment and the greatest part of the Indians
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embarked in boats, and landed on the island of' Anastatia ; on this island there was a small party of troops stationed as a guard, who, on his ap- proach fled to the town, and as it lay opposite to the castle, the general considered it a favora- ble position for bombarding the castle and town ; captain Pierce stationed one of his ships to guard the passage, by way of the Matanzas, and with the others, blocked up the mouth of the harbour, so that the Spaniards were cut off from all sup- plies by sea. On the island of Anastatia, batte- ·ries were soon erected, and several cannon moun- ted by the assistance of the active and enterpri- sing sailors : having made these dispositions, general Oglethorpe summoned the Spanish gov- ernor to a surrender, but the haughty Don, secure in his strong hold, replied, that he would be glad to shake hands with him in his castle.
The opportunity of surprising the place being lost, the general bad no other secure method left. but to attack it at the distance he then stood .- For this purpose he opened his batteries against the castle, and at the same time threw a number of shells into the town. The fire was returned with equal spirit from the Spanish fort and from the six half gallies in the harbor, but so great was the distance, that though they continued the cannonade for several days, little execution was done on either side. Captain Warren of the navy perceiving that all efforts in this way, for demol- ishing the castle were vain and ineffectual, pro-
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posed to destroy the Spanish gallies in the har- bor, by an attack in the night, and offered to head the attempt himself : a council was held to consider of and concert a plan for that service ; but upon sounding the bar, it was found that it would admit no large ship to the attack, and with small ones it was judged rash and impracticable, the gallies being covered by the cannon of the castle, and therefore the design was relinquished. In the mean time the Spanish governor observing the bescigers embarrassed, and their operations beginning to relax, sent out a detachment of three hundred men against col. Palmer, who surprised him at fort Moosa, while most of his party were asleep, and cut them almost entirely to pieces ; captain M'Intosh was taken prisoner and suffered severe and cruel treatment : so inveterate were the Spaniards against every officer of courage and mer- it, who were zealous in support of the colony of :
Georgia, and so anxious that the English settle ments should be removed, that the officers were closely confined, and the soldiers incarcerated in dungeons ; captain M'Intosh was sent to old Spain where he remained a prisoner at Madrid for many months, and was finally exchanged and returned to Darien in Georgia. A few who accidentally escaped the massacre at fort Moosa, went over in a small boat to the Carolina regiment at Point Quartel. Some of the Chickesaw Indians com- ing from that fort, having met with a Spaniard, cut off his head, agreeably to their savage man-
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ner of waging war, and presented it to the genc. ral in his camp, as a trophy of valor ; but he re- jected it with abhorrence, calling them barbarous dogs and bidding them begone : at this disdainful behavior, the Chickesaws were offended, declar- ing if they had carried the head of an English- man to the French, they would not have treated them with contempt : . perhaps on this occasion the general discovered more humanity than poli- cy: the Indians soon after deserted him ; about the same time the vessel stationed at the Matani- zas being ordered off, some small vessels from the Havanna with provisions, and a reinforcement of men got into Augustine, by that narrow chan- nel, to the relief of the garrison. A party of the Creeks having surprised one of their small boats, brought four Spanish prisoners to the general, who informed him that the garrison had received seven hundred men, and a large supply of pro- visions ; then all prospects of starving the ene- my being lost, the army began to despair of forc- ing the place to surrender. The Carolina troops enfeebled by the heat, dispirited by sickness, and fatigued by fruitless efforts, decamped in large bodies. The navy being short of provisions, and the usual season of hurricanes approaching, the commander judged it imprudent to hazard the ships any longer on the coast. Last of all, the general himself, sick of a fever, and his re- giment worn out with fatigue and rendered unfit for action by a flux, with sorrow and regret re-
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