USA > Georgia > The history of Georgia: containing brief sketches of the most remarkable events, up to the present day, Vol. II > Part 2
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HISTORY OF GEORGIA, 1774.
Upon an examination of the American cha- racter from the first settlement of the country up to the present day, it has been tardy in its move- ments to engage in war; and obstinate in the extreme, when roused into action. Every exer- tion is made to conciliate and appease in the first instance; but when a stand is once taken, the points contended for, are never yielded. This trait of character is strongly marked in the pro- gress of the revolutionary war : as the contest progressed, the demands of America were in- creased ; the conciliatory offers of the British government, followed step by step, falling short of the demands which were made, until indepen- dence was declared, and a treaty acceded to upon equal terms.
On the 14th of July the following publication appeared in the Georgia Gazette. "The critical situation to which the British colonies in America, are likely to be reduced, from the alarming and arbitrary impositions of the late acts of the British parliament respecting the town of Boston, as well as the acts that at present extend to the rais- ing of a perpetual revenue, without the consent of the people or their representatives, is considered as an object extremely important at this critical juncture ; and particularly calculated to deprive the American subjects of their constitutional rights and liberties, as a part of the British em- pire. It is therefore requested, that all persons, within the limits of this province do attend at the
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liberty pole, at Tondee's tavern in Savannah, on Wednesday the 27th instant, in order that the said matters may be taken under consideration ; and such other constitutional measures pursued as may then appear to be most eligible."" Signed, Noble WV. Jones, Archibald Bulloch, John Houstoun and George Walton.
The friends to this publication, addressed letters to the different parts of the province, repre- senting the arbitrary stretches of British power practised in the northern colonies, by which thousands of the American people had been most cruelly consigned to poverty and ruin. That the axe had been laid at the root of the tree of their liberties ;- every privilege then, claimed as a birth-right, might soon be wrested from them by the same authority that blockaded the town of Boston. The sacred mode of trial by juries from the vicinage, would shortly be no more, the solemn charters would vanish like "the baseless fabric of a vision," while the iron hand of power would be severely felt throughout the American colonies.
The talents of governor Wright's council, and · all the friends of the British government in the province, were interested in favour of the aggres- sive measures of the parliament on the constitu- tonal rights of the colonists, as British subjects. The papers of the day were filled with arguments afirst the American procedure ; and the des- 'on o. this colony was predicted as the inevit- sequence of taking any share in the com-
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HISTORY OF GEORGIA, 1774.
mon cause. Georgia was represented as being surrounded by Indians under British control, who could quickly exterminate all opposition to the measures of the government.
It is not amiss to give a brief sketch of the law which was entitled, an act for the impartial ad- ministration of justice, in the cases of persons . questioned for any acts done by them in the ex- ecution of the law, or for the suppression of riots and tumults in the province of Massachusetts. In the preamble, which shows the intention and scope of the law ; it sets forth-that in the disordered state of that province, it was of the utmost im- portance to the general welfare thereof, and the re-establishment of lawful authority, that neither the magistrates acting in support of the laws, nor any of his majesty's subjects, aiding and assisting them therein, in the suppression of riots and tumults raised in opposition to the execution of the laws and statutes of the realm-should be dis- couraged from the proper discharge of their duty by an apprehension, that in case of their being questioned for any act done therein, they might be liable to be brought to trial for the same before persons who did not acknowledge the validity of the laws in the execution thereof, nor of the au- thority of the magistrates, in support of whom such acts had been done.
Agreeably to the declared intention of this law, it was enacted, that if any bills of indictment should be found against any person for murder,
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or other capital offences, in the province of Massa- chusetts, and it should appear by information giv- en upon oath to the governor, or lieutenant-gov- ernor, that the fact was committed by the person indicted, while he was either in the execution of his duty as a magistrate, in suppressing riots, or in support of the laws of revenue ; or that he was acting in his duty as an officer of the reve- nue; or acting under the direction and order of any magistrate for the suppression of riots, or for the carrying into effect the laws of the revenue ; or aiding and assisting in any of the purposes afore- said : and if it should appear to the satisfaction of the said governor, or licutenant-governor, that an indifferent trial could not be had within the prov- ince ; in that case it should be lawful that the in- dictment should be tried in some other of the colonies, or in Great-Britain. The plain inference to be drawn from this law was, that the king's of- ficers and other servants were secured from pun- ishment, while those who adhered to the Ameri- can cause, had every thing to dread from its operation.
According to the notice which has been here- tofore mentioned, a number of respectable free- holders and inhabitants met at the Watch-house, in Savannah, on the 27th of July.
John Glenn, Esquire, was chosen chairman. Sundry letters and resolutions, received from the committees of correspondence, at Boston, Phila- delphia, Annapolis, Williamsburgh, North-Caro-
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lina and Charleston, were presented and read. A motion was made, that a committee be appoint- edi to draw up resolutions to be entered into by the inhabitants of this province, nearly similar to those of the nothern provinces. A debate arose thereon, and the motion was carried by a large majority. It was resolved, that, the following gentlemen should constitute that committee, viz. John Glenn, John Smith, Joseph Clay, John Hous- toun, Noble Wimberly Jones, Lyman Hall, Wil- liam Young, Edward Telfair, Samuel Farley, George Walton, Joseph Habersham, Jonathan Bryan, Jonathan Cockran, George M'Intosh, Sutton Bankes, William Gibbons, Benjamin An- drew, John Winn, John Stirk, Archibald Bulloch, James Screven, David Zubly, Henry Davis Bour- quin, Elisha Butler, William Baker, Parmenus Way, John Baker, John Mann, John Benefield, John Stacy and John Morel. Several gentlemen objected to resolutions being immediately entered into, as the inhabitants of the distant parishes might not have had sufficient notice of their ob- jects. It was therefore resolved, that the meeting be adjourned until the 10th of August ; andth at the chairman should in the mean time, write to the different parishes and districts upon the sub- ject, that it was expected they would send depu- ties to join the committee at that time; and that the number of deputies be proportioned to the representatives usually sent to the general assem- bly. It was also resolved, that the resolutions
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agreed upon and entered into at the next meeting, by a majority of the said committee then met, should be deemed the sense of the inhabitants of this province.
When these proceedings were made public through the medium of the press, they excited alarm. The governor called a meeting of the king's council, to consult with them what was best to be done. The proceedings of the persons who constituted the meeting, were read, and a motion made to expel the honorable Jonathan Bryan from his membership in the council, be- cause his name appeared among the members of the committee. Mr. Bryan with patriotic indig- nation, informed them in a style peculiar to himself for its candour and energy, that he would " save them the trouble," and handed his resignation to the governor.
Finding that lenient means would not avail, the governor determined to appeal to the law, and the force of his party. For this purpose, he issu- ed the following proclamation :-
" GEORGIA.
" By his excellency, Sir James Wright, baronet, captain general, governor and commander in chief of his majesty's province of Georgia, chan- cellor, vice-admiral and ordinary of the sante. "A PROCLAMATION.
" Whereas, I have received information, that on Wednesday the 27th day of July last past, a number of persons, in consequence of a printed
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bill or summons, issued and dispersed throughout the province, by certain persons unknown ; did unlawfully assemble together at the Watch-house in the town of Savannah, under colour or pretence of consulting together for the redress of public grievances, or imaginary grievances ; and that the persons so assembled for the purposes aforesaid, or some of them, are from and by their own autho- rity, by a certain other hand bill issued and dispers- ed throughout the province, and other methods, endeavouring to prevail on his majesty's liegesub- jects to have another meeting on Wednesday the 10th instant, similar to the former, and for the purposes aforesaid ; which summonses and meet- ings must tend to raise fears and jealousies in the minds of his majesty's good subjects. And where- as an opinion prevails and has been industriously propagated, that summonses and meetings of this nature are constitutional and legal; in order there- fore that his majesty's liege subjects may not be misled and imposed upon by artful and designing men; I do, by and with the advice of his majesty's honorable council, issue this my proclamation, notifying that all such summonses and calls by private persons, and all assembling and meetings of the people, which may tend to raise fears and jealousies in the minds of his majesty's subjects, under pretence of consulting together for redress of public grievances, or imaginary grievances ; are unconstitutional, illegal and punishable by law. And I do hereby require all his majesty's
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liege subjects within this province to pay due re- gard to this my proclamation, as they will answer the contrary at their peril.
"Given under my hand, this fifth day of Au- gust, &c.
JAMES WRIGHT.
By his excellency's command,
THOMAS MOODIE, Deputy-Secretary. God save the King."
Agreeably to adjournment, a general meeting of the inhabitants took place on the 10th of Au- gust, to consider the state of the colonies in Ame- rica ; when it was resolved that his majesty's subjects in America were entitled to the same rights and immunities with their fellow-subjects in Great-Britain. That as protection and allegi- ance were reciprocal, and under the constitution, co-relative terms, the subjects in America had a clear and indisputable right, as well from the gen- eral laws of mankind, as from the ancient custom of the land, so often recognised, to petition the throne upon every emergency. That an act of parliament lately passed for blocking up the port and harbour of Boston, was contrary to their ideas of the British constitution-First, that in effect, it deprived the inhabitants of the use of their pro- perty : secondly, that it was an expost facto law, and indiscriminately blended as objects of pun- ishment, the innocent with the guilty. That the act for abolishing the charter of Massachusetts, tended to the subversion of American rights gene
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HISTORY OF GEORGIA, 1774. 23
rally ; for beside those liberties which the original settlers brought over with them as their birth. right, particular immunities were granted by these charters as inducements and means of settling the provinces : and they were of opinion that these charters could not be disolved but by a voluntary · surrender of the people, declared by their repre- sentatives. That the parliament of Great-Britain had no right to tax the Americans without repre- sentation, and that every demand for the support of government, should be by requisition made to the several houses of representatives. That it was contrary to natural justice and the law of the land, to transport any person to Great-Britain, or else- where, to be tried under indictment for a crime committed in any of the colonies ; as the party prosecuted would thereby be deprived of the pri- vilege of trial by his peers from the vicinage; the injured perhaps deprived of egal reparation ; and both lose the full benefit of their witnesses. That they would concur with their sister colonies in every constitutional measure to obtain redress of grievances, and by every lawful mean in their power maintain those inestimable blessings, for which they were indebted only to God and the constitution of their country. And that the com- mittee appointed by the meeting of the inhabit- ants of this province on the 27th of the preceeding month, together with the deputies then present from the different parishes, should form a general committee to act, and that any eleven or more of
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them should have full power to correspond with the committees of the several provinces upon the continent : and that copies of these resolutions as well as all other proceedings, should be transmitt- ed without delay to the committees of correspond- ence in the respective provinces.
A committee was appointed to receive sub- scriptions for the suffering citizens in Boston, consisting of William Ewen, William Young, Joseph Clay, John Houstoun, Noble Wimberly Jones, Edward Telfair, John Smith, Samuel Far- ley, and Andrew Elton Wells, Esquires. In a few hours, five hundred and seventy-nine barrels of rice were contributed, and shipped for that port.
A few days after this meeting, another was called by governor Wright, to try the strength of his party ; intending to adopt his measures accord. ingly. About one third of the inhabitants in and near Savannah, including his council and other civil and military officers, met at the Court-house, and signed a dissent against the republican pro- ceedings and a protest against their meeting, as being unconstitutional. Similar papers were plac- ed in the hands of the governor's influential friends and sent in different directions over the country to obtain subscribers ; allowing a sum of money to each of those persons, proportioned to the num- ber of subscribers they obtained, and as a com- pensation for their services. Under these advanta- geous circumstances, the royal servants were suc-
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HISTORY OF GEORGIA, 1774.
cessful in obtaining signatures from many timid men, who were favourably disposed to the Ameri- can cause. The only press in the province at that day, was under the immediate influence and con- trol of governor Wright, and warmly attached to the royal cause. The number of subscribers was magnified to a considerable majority of the .provincial population. In some instances the number of subscribers exceeded the population of the parishes from whence they came ; and from others the signatures of men were affixed who had been dead many years. The printer was also. charged with partiality to the royal government, in withholding facts from the public which would have given the true impression ; which had a tendency to strengthen the British, and weaken the American cause.
The republican party in America became dis- gusted with the plan of petitioning the king and parliament, the effects of which were generally a delay of one or two years ; and then, if any notice was taken of them, it was in terms so vague, as to require another year for explanation ; and then was made to mean any thing or nothing. In the mean time, some new burthens were imposed upon the provinces for the purpose of keeping them under the yoke of bondage; adding two grievances while they were removing one. It' was evidently the policy of the British govern- ment, to keep this extensive country, growing fist in population, in complete subjection. To
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effect this purpose, the talents and cunning of the British ministry were incessantly employed. They strictly adhered to the right of taxation to produce a revenue ; but it was softened down, from motives of policy, until it had become un- productive.
The new ministerial principles, were con- sidered as a direct attack upon the rights and liberties of the colonists. A most violent ferment was every where excited, and resolutions were entered into, declaring those who refused their countenance and aid, to be inimical to the com- mon interest of the country, and to be treated as enemies. Another act of parliament was passed essentially abridging the colonial privileges. The council heretofore elected by the general court of Massachusetts, was to be appointed by the minis- try; and the provincial governors were vested with the power of appointing and removing at pleasure the judges, attorney-generals, provost-marshals, justices, sheriffs, and all other civil officers ; and the governors' salaries were fixed and paid by the crown, independant of the provincial legislatures. The meetings of the people were expressly for- bidden, without leave having been previously obtained from the governors in writing, express. ing the special objects of such meeting ; and that no matter should be treated of, excepting the elec- tion of public officers, and the business expressed in the governor's permission. Jurors who had been previously elected by the freeholders and in-
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HISTORY OF GEORGIA, 1774. 27
habitants, were now to be summoned and return- ed by the sheriffs of the several counties, and the nomination of all the officers was vested in the king or his governors. If any offence was com- mitted in giving aid to the execution of the civil authority, the person so endicted, either for mur. der or any other offence deemed capital, might be tried in any other colony, or in Great-Britain, at the governor's pleasure. The people considered their chartered liberty, literally annihilated by a system so completely tyranical. Resolutions in opposition to these arbitrary and unconstitutional measures were circulated with incredible dis- patch, and excited universal indignation against the mother country.
CHAPTER II.
A general congress had been proposed to meet annually, for the purpose of deliberating on such measures as the interest of the colonies might require ; and the committees of correspondence were to communicate with them from the different provinces, recommending such measures as the general welfare of America required.
At the annual election in Massachusetts, in May, thirteen members of the council were nes
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gatived by governor Gage, and he refused to suf- fer any business to be discussed by them, except the common matters of the province ; making it a court of form rather than substance. At an early period, the governor adjourned the court to meet in Salem, a place less populous, and controll- ed by the military. The house at length determined to take under consideration the differences which existed between Great-Britain and the American colonies. They resolved that a meeting of seve- ral committees on the continent was highly expe- dient and necessary to consult upon the existing state of affairs, and the miseries to which the colo- nies must be reduced, by the operation of the of- · fensive acts of parliament respecting America : and to deliberate and determine upon proper mea- sures to be by them recommended to all the colo- nies for the recovery and establishment of their just rights and religious and civil liberties : and the restoration of that union and harmony between them and Great-Britain, which was most ardently desired by all good men. Five persons were chosen in conformity with these resolutions in opposition to the governor's will, to meet the de- legates from the other provinces at Philadelphia, or at such other place, as might be agreed upon, Accordingly the delegates of eleven provinces met · in Philadelphia on the 4th of September follow- ing. Sundry resolutions were entered into and transmitted to the provincial assemblies, which received general approbation,
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After a session of eight weeks they adjourned, warmly recommending that another meeting should be held on the 10th of May next ensuing, and that deputies should be chosen at an early date in case their meeting should be previously required by any extraordinary change in the state of public affairs. Though the powers of this congress were merely advisory, yet their recom- mendations were more generally and effectually carried into execution, than the laws of the most subservient colonies under the king's govern- ment. Doctor Franklin had been required to at- tend a committee of the Lords Commissioners of trade and plantations in London ; but his penetra- tion soon enabled him to discover that he was dis- liked by the British government; that his opinions embarrassed them, and that their measures were thwarted by his well founded arguments in favour of colonial redress. He perceived that all his pe- titions and complaints in behalf of the colonies, were so odious to the government, that even the organ of them was a partaker of the odium. He said he was at a loss to know how peace and uni- on were to be restored and maintained between the different parts of the empire ; grievances could not be redressed unless they were known, and they could only be represented through the me- dium of complaints and petitions : if presenting these was deemed offensive and the messenger treated with neglect and contempt, who would henceforth send petitions, or who would under-
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HISTORY OF GEORGIA, 1774-75.
take the unpleasant task of delivering them ? It had always been thought dangerous in govern- ments to close the vents of grief : wise ones had generally received petitions with some indulgence, even when but slightly founded. Those who thought themselves injured by their rulers, were sometimes by mild and prudent answers, convinc- ed of their error; but when complaints were treated as crimes, the pleasurable expectations of hope were soon supplanted by the restive tumults of despair.
A notice appeared in the Georgia Gazette, in- viting a number of gentlemen who were desirous of petitioning the king, as a last resort, for a repeal of the acts of parliament, imposing taxes without representation, on the 12th of January, at ten o'clock, at Tondee's long-room, in Broughton- street; where a petition was to be offered for their consideration. A number of respectable inhabit- ants accordingly convened and entered into reso- lutions that the legislature should be requested to forward their petition to the king to relieve them from the oppressions with which they were bur- thened, and transmit it to Doctor Franklin in London.
The mild and humble tenor of this instrument invited the signatures and influence of the most ·respectable men in the province. Indeed it had many advocates who were not favourable to resist- ance by the colonies ; and, notwithstanding the application of an armed force, which was resorted.
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to by the British government ; many were unwill- ing, and absolutely refused going farther than a solicitation in humble terms for redress. The powerful talents of governor Wright and judge Stokes, and the influence they held over the roy- al servants, and many other inhabitants of wealth, . talents and respectability, were with great diffi- culty over-balanced. The election which took place in January, produced the exertions of the opposing parties ; and the uniform success of the candidates for the redress of grievances, fairly test- ed the opinion of the majority of the province.
On the 18th of January the assembly conven- ed in Savannalı. The governor with his usual eloquence and force of reasoning, descanted large- ly on the ferment which existed in this, as well as in the other provinces, and the dreadful conse- quences which would result from their rebellious procedures; threatening them with the strong arm of Great-Britain ; and that he apprehended, their very extraordinary and violent measures would not only prevent a reconciliation, but involve all America in the most distressing calamities. He expressed gratification that this province had here- tofore acted with prudence and mildness, compar- ed with the others ; and hoped that they would not yield to the suggestions of designing men, over- heated with passion, by entering into resolutions and measures expressly contrary to law, and in opposition to their own peace, safety and happi- ness. He observed that their rights were dear to
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