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CHAPTER
VI
page 96-119
By Charles C. Jones
Volume II - Revolutionary Epoch, 1888
Submitted by: Dena Whitesell
With the repeal of the Stamp Act of 1765 George III. was thoroughly dissatisfied. He did not hesitate to characterize
the proceeding as " a fatal compliance " which had placed thorns under his pillow and wounded the majesty
of England. Although Parliament receded from the position at first taken in regard to stamp duties in America,
the " Sugar " and the " Quartering " acts still remained of force. Townshend also framed a
bill which specified paints, paper, glass, and lead, all articles of British fabrication, as subjects for custom-house
taxation in the colonies. The exportation of tea to America was encouraged by legislation which permitted, for
a period of five years, a drawback of the whole duty payable on the importation. These statutes clearly evinced,
to the apprehension of the colonists, a determination on the part of the British government to raise a parliamentary
revenue in America, and united them in the opinion, advanced by Otis, " that taxes on trade, if designed to
raise a revenue, were just as much a violation of their rights as any other taxes." In his " Letters
from a Farmer in Pennsylvania to the Inhabitants of the British Colonies," which enjoyed a large circulation
in
America and were reprinted in London by Benjamin Franklin, John Dickinson clearly demonstrated the " danger
of allowing , any precedent of parliamentary taxation to be established on grounds no matter how specious, or to
any extent no matter how trifling."
Franklin gave expression to the growing resolution of the colonists to deny the power of the British legislature
to intervene in their affairs when he said, " I will freely spend nineteen shillings in the pound to defend
my right of giving or refusing the other shilling."
With the eclipse of Chatham, Charles Townshend, " lord of the ascendant,9' thus announced his policy of coercion:
" Let us deliberate no longer; let us act with vigor now while we can call the Colonies ours. If you do not,
they will very soon be lost forever." It was in vain that Fox prophesied with all the earnest-, ness of his
splendid eloquence, " If you persist in your right to tax the Americans you will force them into open rebellion;"
and it was to no purpose that Burke reminded his compeers that the American colonies were the children of England,
and that when they asked for bread they should not be turned away with a stone. Virginia and Massachusetts were
maturing their resolutions of non-importation which were subsequently adopted by Georgia. South Carolina openly
advocated resistance, in every form, to taxation without representation. New York was equally pronounced in her
views. Agents of the colonies were busy in England with their protests, and colonial legislatures fatigued the
ear of majesty with memorials for a repeal of the obnoxious acts. Georgia applauded the doctrines advanced by the
" Pennsylvania Fanner," and although some of her influential and wealthy citizens sided with the Crown,
by far the greater number of her people delighted to be known as " Liberty Boys." True to his king, Governor
Wright justified and supported all acts of Parliament, and this loyalty brought him in conflict with the General
Assembly of the province. His correspondence at this time is largely occupied with a narrative of these legislative
troubles.
On the 16th of January, 1767, he received a communication from Captain Phillips who, by General Gage's orders,
was then commanding detachments of his majesty's Royal American Regiment stationed in South Carolina and Georgia,
inquiring where he should apply for such supplies for his troops as were authorized by the terms of the Mutiny
Act. Four days afterwards the governor transmitted to the General Assembly a special message on the subject, accompanying
it with an extract from Captain Phillips9 letter indicating what supplies were needed and also with a copy of the
Mutiny Act. The Upper House promptly responded assuring his excellency that they would cheerfully concur with the
Commons House in the adoption of any measure which might be adjudged expedient to carry intc execution the matters
recommended.1 From the Lower House ol Assembly, however, came no answer. Irritated at the delay, the governor sent
for two members of that body and informed them that if an answer was not forthwith returned he should feel obliged
to issue a second message in which he would probably mention some things which would not prove entirely pleasant.
On the 18th of February the Lower House submitted an address in which, after professing "loyalty, duty, and
affection to theii most gracious Sovereign, and their respect for the British Parliament," they humbly conceived
that a compliance with the requisition contained in the message of his excellency "would be a violation of
the trust reposed in them by their constituents," and would establish a precedent they by no means thought
themselves justified in introducing. Thus boldly did the representatives of the people refuse to obey the act of
Parliament, and set at naught the wish and the authority of the royal governor.
Incensed at their conduct, he still refrained from entering into an altercation with them, and contented himself
with transmit ting an account of the proceedings to his majesty's ministers. In his communication to the Earl of
Shelbume he assigns as reason for not dissolving the assembly on the instant that there were several members in
it who were disposed to support tht government, and that if a new assembly were convened, he wai of opinion it
would be composed wholly of " what they call Sons of Liberty, that is in fact, my Lord, Sons of Licentiousness,
and such as were disposed to strike at the Sovereignty of Great Britain.
The disposition of the Lower House to oppose the acts of Parliament and to refuse obedience to them was further
manifested on this wise. Two bills had passed the General Assembly for the establishment of ferries. They did not
provide, however, for transporting postmen without detention and free of charge, as directed by the statute of
the 9th of Queen Anne, cap. 10, sec. 29. Perceiving the omission, the governor requested the council, as an Upper
House, to prepare an amendment which would meet the requirements of the act. This was done. Upon a conference,
the Lower House refused to acquiesce in the amendment, and so the bills were lost. The members of the assembly
placed their dissent upon the broad ground that they would not submit to an enforcement of the act of Parliament
alluded to.
In view of this conduct, Governor Wright felt constrained- to assure the Earl of Shelburne that the sovereignty
of Great Britain in America had received a wound from which it could scarcely recover, and that, in his judgment,
the acts of Parliament would in future possess little weight in the American provinces.
In his response, his Lordship, who was then his majesty's principal secretary for the Southern colonies, expresses
astonishment at the conduct of a province which had been so highly favored and signally protected by the mother
country, and adds, " I have it in command from his Majesty to inform you that he expects and requires the
Commons House of Assembly in Georgia to render an exact arid complete obedience in all respects whatever to the
terms of the Mutiny Act." In order to punish the colony for the refusal of its representatives to furnish
the supplies for the troops under the command of Captain Phillips, General Gage ordered a withdrawal of all the
king's forces from the province. Alarmed at the abandonment of the forts and the defenseless condition of Georgia,
the Commons House of Assembly, at its next session, reversed the action of its predecessor, and voted such pay
and supplies as sufficed for the maintenance of a small force to man the principal fortifications and to form a
nucleus of protection in case of servile insurrection or of an invasion by the Indians.
Another dispute between the governor and council and the Lower House arose in regard to the appointment of Mr.
Samuel Grath as agent " to solicit the affairs of the Province in England." The former agent, Mr. Knox,
had been displaced. His excellency was desirous that the vacancy, thus caused, should be filled by the selection
of Mr. Cumberland. Disregarding his wish, the Commons House of Assembly conferred the appointment upon Mr. Grath,
who already held the agency for the province of South Carolina. Persuaded that it would be not only difficult,
but also well-nigh impossible for him properly to represent the two colonies whose interests were sometimes not
in common, the governor and council refused to sanction this choice and used their influence " to prevent
his being accredited, as agent of Georgia, by any of the Boards in London."
The Lower House saw fit to widen the existing breach by treating the governor with additional discourtesy.
On the 5th of February, 1767, the principal merchants of Georgia submitted a petition to the General Assembly in
which they stated that in consequence of the rapid increase of population, the expansion of commerce, and the settlement
of East Florida, which drew its supplies in large measure from Georgia, the province was suffering from an insufficiency
of currency; that there was little coin in the country; and that the amount of currency sanctioned by the Crown
and emitted by the colonial government was wholly inadequate for the purposes of trade. They therefore applied
to the General Assembly for relief.
Upon consideration it was agreed by the legislature that a petition should be transmitted to the king and Parliament
praying a repeal of the act forbidding the issuing of paper currency in America, and requesting that Governor Wright
be instructed to give his assent to a bill calling in the outstanding issue of £7,410, and authorizing a
new issue of £12,000 to answer the financial needs of the province.
Believing that relief was proper, but deeming the sum suggested too large, Governor Wright refused to sanction
the proposed issue to a greater amount than ,£12,000. In giving his reasons for this impression he stated
that the skin trade of the province, which was very considerable, was carried on without money; that those skins
were by the Indians, bartered for goods supplied by the traders; that the principal articles for which money was
paid were rice and lumber, and that even these were largely used by way of exchange with merchants from abroad
who furnished negroes, dry goods, groceries, etc.; and that his fear was, if the paper currency of the province
should be thus inflated, instead of exchange remaining at par it would be injuriously affected. Notwithstanding
these objections the General Assembly allowed the petition and forwarded it, not through the governor, but directly
to the colonial agent in London for presentation to his majesty. His excellency was justly incensed at the irregularity
and discourtesy of this proceeding. In a communication to the Secretary of State he commented " on the impropriety
of this application being made by the Assembly alone, and solicited by a gentleman whom they alone take upon themselves
to nominate Agent for the Province of Georgia: a thing I believe never before attempted in any Province on the
Continent of America."
The prayer of the petitioners was denied. Whatever the merits of the case may have been, conduct so irregular could
not hope to win the favor of the king.
The refusal of his majesty to sanction two acts passed by the General Assembly and approved by the governor—one
providing for the more efficient control of the slave population, and the other encouraging settlers to come into
the province — greatly disturbed the public mind and tended still further to alienate the affections of the colonists.
Thus prevented from the enactment of laws designed to enlarge the commerce and population of the province, and
to confirm its internal peace and good order, the people and their representatives became irritated to such a degree
that his excellency, almost in despair, declared " though he had hitherto kept the Assembly within tolerably
decent bounds, yet that he had lately discovered more than ever a strong propensity to be as considerable and independent,
as they term it, of the British Parliament, or of the sovereignty of Great Britain, as any of the Northern Colonies."
This utter dependence upon the will of the home government in all legislative matters, and the delays which often
occurred in securing the requisite sanction for colonial laws so that they might become operative, each year proved
more onerous. Increasing in population and wealth, and daily becoming more conscious of her self-sustaining abilities,
Georgia, in common with her sister colonies, already yearned* for independence and craved liberation from parliamentary
rule. The necessity that every law should be sent to England for confirmation before it could acquire force and
vitality in the province where it was enacted often caused serious hindrance, and not infrequently retarded the
administration of important governmental affairs. When enacted by the General Assembly the bill was first submitted
for the approbation of the colonial governor. If by him vetoed, it generally there died an early death. If assented
to, it was forwarded to London where it was referred to the king's attorney for a report. When returned by him,
without objection, to the Lords Commissioners of Trade and Plantations, it was subjected to the scrutiny of that
board. If by it approved, the act was then transmitted to the king's council. Passing the inspection of this august
body, it received the sign manual of the king and thereupon became a law. Returned to the Board of Trade, it was
placed in the hands of the Crown agent, who dispatched it to the colonial governor. Sometimes a delay of two years
would intervene between the date of the passage of the act by the Colonial General Assembly and a formal notification
of its having received the sanction of the Crown.
Of the eight thousand slaves at this time owned and employed in the province of Georgia, nine hundred and fifty-four
were the property of the governor and council. The members of the Common Council being men of substance, character,
and influence, holding their positions by direct appointment from the Crown, and acting as the special advisers
of the governor, were, as might reasonably be expected, more conservative in their views and more frequently in
sympathy with the wishes of Parliament than the members of the Lower House, who, drawn from and elected by the
people, naturally reflected the temper and sentiments of their constituents. This latter body was always aggressive
during this period of political unrest. From its deliberations and declarations of rights sprang the main opposition
to the acts of Parliament.
In April, 1768, the province was fortunate in securing the services of Dr. Benjamin Franklin as an agent "to
represent, solicit, and transact its affairs in Great Britain." His appointment was assented to by Governor
Wright. A committee, consisting on the part of the Council of James Habersham, Noble Jones, James Edward Powell,
Lewis Johnson, and Clement Martin, and on the part of the Commons House of Assembly of John Mullryne, John Smith,
Noble Wimberley Jones, John Milledge, John Simpson, Archibald Bullock, William Ewen, and Joseph Gibbons, was appointed
to correspond with him " and give him such orders and instructions from time to time as thej Bhall judge to
be for the service of this Province." His salary was fixed at £100 over and above all reasonable charges
and disbursements.
Although this appointment was only for a year, it was subsequently enlarged, and Dr. Franklin continued to represent
the colony until the outbreak of the Revolution put an end to his labors in this behalf. Hitherto, the Commons
House of Assem-
bly claimed and exercised the exclusive right of nominating an agent, and had in more than one instance acted in
direct opposition to the expressed wish of the governor and council. Now, however, there was harmony in the selection
of one whose reputation, abilities, and honesty placed him above all suspicion, and qualified him in a remarkable
degree for the discharge of the trust.
On the 11th of February, 1768, the Massachusetts House of Representatives, through their speaker, addressed a circular
letter to the several provincial assemblies recounting the grievances to which the American colonies were subjected,
soliciting a union of petitions to the Houses of Parliament and to the king for redress, and counseling a confederation
of the respective provinces in opposition to the oppressive acts of Great Britain. When this letter reached Savannah
the General Assembly was not in session, but Mr. Alexander Wylly, late speaker of the Lower House, responded to
it as follows:
" Province op 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 Province have but lately been elected; and though the writs were returnable
and the House was 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 Parliament
for imposing taxes and duties on the American Colonies, and being sensibly affected thereby, ordered the committee
of correspondence to instruct our Provincial Agent, Mr Benjamin 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 have been transmitted to Mr Franklin and I have no doubt but he will punctually observe them.
When the Assembly meets I will lay your favor before the House, and I am sure that such measures will be pursued,
in consequence thereof, as will manifest their regard for constitutional liberty and their respect for the House
of Representatives of the Province of Massachusetts Bay whose wise and spirited conduct is so justly admired."
In advising the Earl of Hillsborough of the effect produced by the circular letter from Massachusetts, Governor
Wright1 says: " My Lord, Virginia has entirely concurred and, in the strongest manner, asserts what she calls
her rights, and denies the Parliar mentary authority of Great Britain as your Lordship will see by Mr. Randolph's
letter of the 9th of May, The people of Maryland have also expressly approved of that letter and say that when
they apprehend their rights to be affected they will not fail boldly to assert and steadily to endeavour to maintain
and support them. .. The people of New Jersey, Connecticut, and Rhode Island have also approved and answered that
letter, and this, my Lord, I know is the sense and language of every Colony on the Continent, so that your Lordship
sees it has had its effect already. However, your Lordship may be assured that every mean in my power shall be
exerted to prevent that flagitious attempt to disturb the public peace from any further weight or success. But,
my Lord, I fear it will be impossible to counteract or defeat the effect of the Pennsylvania Farmer's poison. •
. . They now to the Northward not only deny the power of the British Parliament to tax them, but that they are
subject to, or may be governed by any other laws whatever to which they have not given their consent, and it is
those things my Lord that cherish the spirit of Independency, and keep up the flame in the Southern Colonies.
“Much, with respect to the conduct of the people here, my Lord, I conceive, will depend on the notice taken of
this by Government or Parliament, as the controverted matters between Great Britain and America seem now to be
at or near the crisis. And, my Lord, it is not to be expected that a reform is to be effected in America 'till
it is at least begun in the Mother Country. The King, my Lord, has not a servant better disposed or more zealously
devoted to the support of his Majesty's just authority and the true sovereignty of Great Britain, or who will go
greater lengths to do it than myself, but my Lord, what can a Governor do at present in America, where the voice
of the people is so general and strong against the measures pursued in the Mother Country, and when some of the
Colonies expressly deny the power and authority of Great Britain over them? ... I am destitute of the means of
support and protection either for myself or for those who are friends to government against any insults &c.
that may be offered by mobs, &c, &c. And my Lord, I fear it is vain for a Governor to expect to set the
people right by reasoning. A Demosthenes or a Cicero would spend his breath in vain, and it gives me the greatest
concern to find that the sentiments and opinion I at first conceived and very early intimated, have been so strongly
and fully supported by diverse events. But I then clearly saw that certain declarations, followed by the repeal
of the Stamp Act and other indulgencies, instead of having the salutary and wished for effect, would only serve
to encourage and convince the Americans of the rectitude of their claims and measures, and that they were legal
and constitutional: — at least such is their apprehension : — and I must crave your Lordship's pardon for saying
that the disease, as I have observed, having been in some measure promoted and encouraged by the Mother Country,
I conceive the remedy and reform must come from thence likewise."
Mr. Wylly being absent upon the assembling of the legislature, the Honorable Noble Wimberley Jones was elected
speaker of the Lower House. In his opening speech the governor referred in terms of disapprobation to Mr. Wylly's
reply to the communication received from the speaker of the Massachusetts House of Representatives, acquainted
the assembly with the fact that bis majesty regarded the measures therein proposed as dangerous and disloyal, warned
the members against giving any countenance to those suggestions, and threatened the assembly with early dissolution
if it should attempt any formal sanction of them.
The ordinary business of the session having been attended to, and such laws enacted as the necessities of the colony
demanded, Mr. Wylly, on the 24th of December, 1768, laid before the House the letter from Massachusetts, and also
one of like tenor from the Honorable Peyton Randolph, speaker of the Commons House of Assembly of Virginia. Having
ordered them both to be entered on the journal, the House adopted the following resolutions:
“Resolved, That from the inherent right of the subject to petition the Throne for redress of grievances, a right
allowed and confirmed by the Act of William and Mary, the said letters do not appear to the House to be of a dangerous
or factious tendency, but on the contrary, in the opinion of this House, only tend to a justifiable union of subjects
aggrieved in lawful and laudable endeavors to obtain redress by an application founded upon and expressive of duty
and loyalty to the best of Kings, a becoming respect for the Parliament of Great Britain, and an equitable and
natural affection for our Mother Country, and arises from the tender and commendable attention of those Colonies
to the natural rights and liberties of the British subjects in America, and to which they are undeniably entitled
upon the happy principles of our constitution.
“Resolved, That copies of this resolution be, by the Speaker of the House, transmitted to the Speaker of the House
of Representatives of the Province of Massachusetts Bay, and to the Speaker of the House of Burgesses in Virginia,
and that they be acquainted by him that this House approves of the measures by them pursued to obtain redress of
our common grievances, also of the method by them taken of communicating these measures to the other Provinces
of the Continent.
" Ordered that the several proceedings and resolutions respecting the said letters be published in the Gazette
of this Province, and that the Clerk do furnish the printer1 with a copy of the same."
Informed of what had transpired, and mortified that his persuasions and threats had proved of no avail in deterring
the Commons House of Assembly from entering this formal indorsement of the Massachusetts and Virginia communications,
Governor Wright addressed the House as follows:
"Mr. Speaker and Gentlemen of the Assembly.
" From the disposition tljat appeared amongst you at the opening of the Session I flattered myself that it
would have been brought to a happy conclusion. It gives me great concern to find it now otherwise, and that you
have disregarded the principal matter I had in charge from the King, and thereby missed a fair opportunity of cherishing
the confidence his Majesty has in your affections. But by receiving and countenancing the Boston letter in the
manner you have done, you have laid me under the necessity of dissolving you. You well know that more than ordinary
pains have been taken to prevent this event. If any disagreeable consequences should attend it, you will have brought
them upon the Province by a deliberate act, and it is you, and you only who will have to answer to your constituents.
“However you may have been influenced by the conduct of the other Provinces, be assured that your true Liberty
and prosperity must depend upon the free and uninterrupted course of Law and Government under the support and protection
of the
Mother Country, and that you cannot possibly enjoy these invaluable blessings without that protection and support.
And how can you expect this or with what right can you pretend to it if you declare yourselves an independent people?
To me it appears a flat contradiction to acknowledge the British Parliament to be the supreme Legislative power
over the whole British Empire, (of which we are a part,) and in the same breath to deny the power of that very
Parliament over us. Nor can I see or admit the propriety of the Americans declaring that they cheerfully acquiesce
in the authority of the British Parliament to make laws for a necessary dependence and regulating the trade of
the Colonies,9 and at the same time denying its authority to make other laws, which I conceive to be a very loose
and improper jumble or system of Government without any criterion but the mere caprice of the populace. I presume
the authority of the Parliament must be full and complete, or it does not operate at all.
" The distinction between internal and external taxes I conceived, and said to be, a distinction without a
difference. I said also that if it was granted to the Americans that they were not subject to be constitutionally
taxed by Parliament, not being represented there, then I apprehended the same reasons would hold in every case,
and the same objection lie against every law made by Parliament to affect the Colonies. It seems absurd to say
that the Colonies are not bound by Acts of Parliament imposing what are called internal taxes because they have
not assented to such laws, not being represented in that Parliament, and at the same time to admit that they are
bound by and subject to the laws made by the same Parliament. . . .
“I have declared that if America was to become independent of the Mother Country, from that day you may date the
foundation of your ruin and misery.
“These were the sentiments I declared three years ago, and which I still retain, and I most ardently wish I had
been able to prevail upon you to be so far of my opinion as to have paid due regard to his Majesty's expectations
from you, and to have observed a more prudent conduct in that particular until the matters of difference between
Great Britain and the Colonies were clearly settled. But as things are circumstanced here, there is only one thing
for me to do, which is, by virtue of his Majesty's authority and in his name, to dissolve this Assembly, and I
do accordingly dissolve the same."
Thus did Governor Wright in the same breath argue, explain, regret, and prophesy. His action in dissolving the
assembly was not unanticipated. That body had previously prepared this address : — " To the Kings most excellent
Majesty.
" The humble address of the Commons House of Assembly of the Province of Georgia, 24th December, 1768.
" Most gracious Sovereign:
" Your dutiful and loyal subjects, the Commons House of Assembly of Georgia, with the greatest humility beg
leave to represent to your sacred person the grievances this Province labors under by the late Acts of the Parliament
of Great Britain for raising a revenue in America. Equally attached by interest, principle, and affection for our
Mother Country, we readily acknowledge a constitutional subordination to its supreme Legislature. At the same time,
with inexpressible concern, we much lament that by their imposition of internal taxes we are deprived of the privilege
which, with humble deference, we apprehend to be our indubitable right, that of granting away our own property,
and are thereby prevented from a ready compliance with any requisition your Majesty may please to make, and which
to the utmost extent of our small abilities we have hitherto always most cheerfully obeyed.
"From your Majesty's equity, wisdom, and truly paternal regard for the rights and liberties of your subjects,
however remote, we flatter ourselves with, and firmly rely upon, redress in this our unhappy situation; and as
we of this Province experience your Majesty's particular countenance and protection in our present infant state,
for which we are impressed with the deepest sense of gratitude, so we most earnestly hope we shall also experience
in general, with our sister Colonies on this occasion, fresh marks of your Majesty's royal Justice and attention
to the supplications of your distressed subjects.
"We beg leave to assure your Majesty that none of your numerous subjects can or do more ardently wish and
pray for a continuance of your most auspicious reign, and that your latest posterity may happily rule over a free,
grateful, and loyal people, than your faithful Commons of Georgia.
" By order of the House - N. W. Jones, Speaker."
This memorial, in which a profession of loyalty and devotion to the king, a suggestion of grievances, an acknowledgment
of constitutional subordination to Parliament, and an assertion of Reserved rights are strangely commingled, was
by the speaker of the Mouse forwarded over the head of the governor to Dr. Franklin, Georgia's agent in London,
with instructions to present it to Ids majesty, and to unite with the agents of the other American {colonies in
an earnest effort to compass a repeal of those acts of; Parliament which were deemed oppressive, and destructive
of (that harmony which should exist between England and her American provinces.
The fate of this address is thus disclosed in a communication from the Earl of Hillsborough to Governor Wright
(Dated Whitehall, March 23,1769): "Dr. Franklin having delivered to me an address, to his Majesty, of the
House of Commons of Georgia on the subject of the late Revenue Law, I have not failed to present it to the King:
and tho* his Majesty considers the transmission of this Address through any other channel than that of his Governor
as irregular and disrespectful, yet his Majesty has not weighed the contents with the less attention : but finding
that it does both in the letter and spirit deny and draw into question the authority of Parliar ment to enact laws
binding upon the Colonies in all cases whatsoever, his Majesty has directed me to signify to you that he does on
this account disapprove of this Address, being firmly resolved to support the Constitution as by law established,
and not to countenance any claims inconsistent with its true principles." Governor Wright's action in promptly
dissolving the assembly was approved.
And here we make no apology for reproducing the following remarkable letter of the governor of Georgia to the Earl
of Hills-borough , which has long lain in silence among the files of the Public Record Office in London. Written
on the day Napoleon the First was born, it conveys a wonderfully accurate impression of the political aspects of
the period, and abounds in suggestions most wise and statesmanlike. Had the British government maturely considered
and adopted the views and advice contained in this communication, instead of leaving it unread for fifteen months,
as appears by the indorsement, how different might have been the course of events in America!
" Savannah in Georgia, 15th August, 1769.
" My Lord, — On the 7th inst I had the honor to receive your Lordship's letter of the 13th of May enclosing
his Majesty's most gracious Speech at the close of the last Session of Parlia-ment, and observe the satisfaction
his Majesty expresses at the assurances given him by Parliament of their firm support in the prosecution of such
measures in America as may best promote the execution of the laws and enforce the legislative authority of Great
Britain over the Colonies; and I should hope the people on this Continent, seeing the united concurrence and resolution
of every branch of the Legislature relative to America, and also the generous disposition of his Majesty and the
Parliament towards them, would be induced cheerfully to submit to that supreme and sovereign authority. And his
Majesty may rely on my fullest and best explanation of his measures, and that I will, to the utmost of my power,
endeavour to remove the prejudices which have been excited by the misrepresentations of the enemies to the peace
and prosperity of Great Britain and her Colonies, and to reestablish that mutual confidence and affection upon
which the glory and safety of the whole British Empire depend.
" And here, my Lord, permit me to observe that I am fully persuaded not a man in a thousand, or I believe
I may say ten thousand, has the least spark of disaffection to his Majesty's person or his illustrious family.
This I dare venture to say is not to be found anywhere either amongst the Americans born, or any other people of
what Country or Nation soever. And I conceive that the opposition which has been given to government and the legislative
authority of Great Britain has not proceeded from any spirit or principle of this sort, nor do I apprehend it to
have proceeded from any dislike to monarchical government; alho' there may be some few of Republican principles
in America, there being a good many of the descendants of the Oliverian Puritans &c scattered about.
" But my Lord, the Americans are so clearly convinced that they are not represented in the British Parliament,
and also are so enthusiastically possessed with an opinion that they cannot be constitutionally taxed by a Parliament
in which they are not represented, or be subject to be taxed by laws to which they have not consented, I say my
Lord, the many printed publications and speeches in Parliament, together with the repeal of the Stamp Duty Law,
&c, have so firmly fixed them in their opinion on this point, and of the rectitude of their measures since
these unhappy disputes first took place, that I am fully persuaded they never will be brought to change their sentiments
or to acquiesce quietly under any tax or duty law. And my Lord, the partial. relief proposed to be given in the
next session of Parliament by the repeal or taking off the duties upon glass, paper, and colours,
I humbly conceive will not answer any effectual purpose, and that the spirit of discontent and dissatisfaction
will nevertheless continue and be as violent as ever, for the grievance complained of, whether real or imaginary,
will still remain unredressed, and no new line drawn or established settling the power or right of Parliament to
tax America, till which I fear there will be continual associations &c injurious to Great Britain as well as
the Colonies, and which your Lordship has seen or will see has become almost universal, and the Americans will
certainly be drove to observe strict economy and to manufacture everything they possibly can amongst themselves
in prejudice to Great Britain. A mere declaration of the right of Parliament to tax America will not now have any
weight. There was a time my Lord, when that, and enforcing a particular law, (if it had been only for six months),
would have most effectually settled and established the point; but believe me, my Lord, the time and the only time
has been missed, and those things are considered not as the real and true sense of either Parliament or People,
but as the effect of Ministerial influence, and some other mode will now be necessary for settling and bringing
this matter to a point; not force or troops which I conceive are of no use further than a few just to prevent riots,
and support the. Governors &c from public affronts and insults. I don't mention this as with respect to this
Province, for I have received none since the Winter and Spring of 1765 and 1766, when I had my full share; tho'
I thank God we are now very easy, quiet, and happy ; and I believe the People are convinced that my vigilance,
activity, and firmness in opposing their measures at that time, and enforcing the Stamp Act, proceeded from an
honest principle and resolution to discharge my duty to his Majesty to the utmost of my power and to support the
Sovereignty and Honor of Great Britain.
" My Lord, my opinion has ever been, and is well known in this part of the World to be, that according to
the present constitution the Parliament has an absolute right to bind the Colonies, and that America is and can
be bound by every Act of the British Parliament in all cases whatever, and that both the Parliamentary right and
power, and the sovereignty of Great Britain, does extend to and operate fully and entirely in America, and this
notwithstanding any claim of the Americans by any Charter - or other kind of right whatever to the contrary. But
my Lord when people first emigrated to America I conceive it was not thought or could be supposed that America
would so soon, if ever, become that vast, populous, and opulent Empire or Dominion that it now is. May it not therefore
my Lord, in point of true policy, as well as from motives and principles of equity and justice, now, from the present
circumstances and situation of affairs, become expedient to make some alteration in the present Constitution relative
to America? But least what I have already suggested may be considered as too presumptive in me, I shall forbear
saying anything further, altho' my Zeal for his Majesty's service and the real happiness of both Great Britain
and the Colonies strongly prompt me to proceed.
" I have the honor to be with great deference, my Lord,
Your Lordship's most obliged and most obed' Serv' - Ja: Wright.
" To the Earl of Hillsborough, &e. &e (Endorsed) Read Nov. 7, 1770”
Parliament being still intent upon an enforcement of the acts of which the American colonies complained, and all
petitions for redress having proved fruitless, the provinces resolved to take the matter in their own hands, and,
by a suspension of commercial dealings with England, to work that change in the purposes of the administration
which their remonstrances had failed to effect. Upon her colonial trade did the prosperity of England largely depend.
Commercial non-intercourse, therefore, could not do otherwise than seriously affect the well-being of the mother
country. The appeal to sentiment, affection, and right was abandoned. The argument was now addressed to the pockets
of the English people. The proposition was to import no articles whatever which could be manufactured or produced
at home, and to abandon the use of luxuries. To the merchants of Boston does the credit belong of suggesting this
plan, " but the Assembly of Virginia, in June 1769, was the first Legislative Body which adopted resolves
of non-importation which ere long were sanctioned by the other Colonies."
Georgians quickly recognized the advisability of the scheme, and earnestly sympathized in its consummation.
On the 16th of September, 1769, at a meeting of merchants convened at the residence of Mr. Alexander Creighton,
in Savannah, it was agreed that the late acts of Parliament, against which the Northern colonies had so unanimously
remonstrated, "were unconstitutional, and that the taxes therein contemplated were inconsistent with the abilities
of the American Provinces."
Full sympathy was expressed with the other colonies upon the question of non-importation. Speaking for the interests
of Georgia, the gentlemen then present affirmed that the sterling current money of the province, which, by act
of the General Assembly, assented to by his majesty, was declared equal in value to the coin of the realm and a
lawful tender for the payment of all dues, having been refused when offered in payment of the duties imposed by
the acts of Parliament, had been thereby greatly depreciated in value; that in consequence of this refusal all
the citizens of the province had suffered injury; and that Georgia having been excluded from the benefit of the
Spanish trade, by means of which specie was most readily procurable, and the recent acts imposing duties which
were solvable only in gold or silver, the inhabitants of the province were, from the nature of the case, rendered
incapable of responding to any call which the mother country might constitutionally make.
It was therefore resolved " That any person or persons what-so-ever importing any of the articles subject
to such duties, after having it in their power to prevent it, ought not only to be treated with contempt but deemed
enemies to their country: it being a circumstance that need only be mentioned to any person inspired with the least
sense of liberty, that it may be detested and abhorred."
Not long afterwards, at a called public meeting, the Honorable Jonathan Bryan being in the chair, the following
resolutions, reported by a special committee, were agreed to and ordered to be published in the next issue of the
" Gazette. (This was the only newspaper then printed within the limit of the province.)"
" We, inhabitants of Georgia, finding ourselves reduced to the greatest distress and most abject condition
by the operation -of several acts of the British Legislature by means whereof our property is arbitrarily wrested
from us contrary to the true spirit of our Constitution and the repeatedly confirmed birthright of every Briton,
under all these oppressions finding that the most dutiful and loyal petitions from the Colonies for redress of
these grievances have not answered the salutary purpose we intended, and being destitute of all hope of relief
from our multiplied and increasing distresses but by our industry, frugality, and economy, are firmly resolved
never to be in the least accessory to the loss of any privilege we are entitled to:
" Therefore, we, whose names are hereunto subscribed, do solemnly agree and promise to and with each other
that until the said acts are repealed, we will most faithfully abide by, adhere to, and fulfill the following resolutions.
" I. That we will encourage and promote American manufactures, and of this Province in particular.
" II. That as the raising of Sheep for the benefit of wool will be of the utmost utility, we do therefore
engage not to kill or sell any lambs that shall be yeaned, before the 1st of May in every year, to any butcher
or other person who, we may have reason to think, intends to kill the same.
"III. That we will promote the raising of cotton and flax, and encourage spinning and weaving.
“IV. That we will upon no pretense, either upon our own account or on commission, import into this Province any
of the manufactures of Great Britain, or European or East India goods, other than may be shipped in consequence
of former orders, except only cloth, not exceeding 1' 4d pr yard, osnabrigs, canvass, cordage, drugs, and hardware
of all sorts, paper not exceeding 10 pr ream, fire arms, gunpowder, shot, lead, flints, salt, saltpetre, coals,
printed books and pamphlets, white and striped flannels, not above 91 pr yard, white linen not above 1* 8d pr yard,
woollen and thread hose not exceeding 24' pr doz: striped cotton not exceeding 1' 4d pr yard, checks not above
1* 3* per yard, felt hats not above 48' pr doz: bolting cloths, mill and grind stones, cotton and wool cards, and
wire, thread not above 8' pr lb., shoes not above 48' per doz: as also the following goods necessary for the Indian
Trade, viz. strouds, vermilion, beads, looking glasses, and paint. And exclusive of these articles we do solemnly
promise and declare that we will immediately countermand all orders to our correspondents in Great Britain for
shipping any goods, wares, and merchandize other than hereinbefore excepted, and will sell and dispose of the goods
we now or hereafter may have at the same rates and prices as before.
"V. That we will neither purchase nor give mourning at funerals.
“VI. That from and after the 1st June 1770 we will not import, buy, or sell, any negroes that shall be brought
into this Province from Africa, nor after the 1st of January next any negroes from the West Indies or any other
place excepting from Africa aforesaid. And if any goods or negroes be sent to us contrary to our agreement in this
subscription, such goods shall be reshipped or stored, and such negroes reshipped from this Province and not by
any means offered for sale therein.
" VII. That we will not import on our own account or on commission, or purchase from any masters of vessels,
transient persons, or non-subscribers, any wines after the 1st March next.
" VIII. That we will not purchase any negroes imported, or any goods, wares, or merchandize, from any resident
of this Province, or transient person, that shall refuse or neglect to sign this agreement within 5 weeks from
the date thereof, except it appear he shall have been unavoidably prevented from so doing. And every person signing
and not strictly adhering to the same according to the true intent and meaning thereof, and also every non subscriber,
shall be looked upon as no friend to his country."
Mr. Bryan, who presided at the meeting, was at the time a member of his majesty's council for the province of Georgia.
These non-importation resolutions produced a decided effect upon the public mind, and were generally indorsed.
The estrangement between Great Britain and her colonies was rapidly becoming more manifest, and but little effort
was made on the part of England to conciliate her disaffected provinces. When informed of the action of the Savannah
meeting the king was much incensed. Manifesting his disapprobation of the combination then formed, he was pleased,
on the 9th of December, 1769, through the Earl of Hillsborough, to order that Mr. Bryan " should be immediately
suspended from his seat at the Council Board, and removed from any office he might hold in Georgia:" it being
the determination of his majesty to discountenance " every measure that tended to violate the Constitution
and excite opposition to the laws."1 Thus, in the person of the Honorable Jonathan Bryan, a pure patriot,
an influential citizen, and a brave man; do we record the first instance of political martyrdom in Georgia. His
deposition, so far from intimidating the " Liberty Boys," caused their numbers to multiply and their
hearts to grow stronger.
On the 16th of November, 1769, the Commons House of Assembly memorialized the governor upon the expediency of issuing
writs for the election of representatives from the four southern parishes, St. David, St. Patrick, St. Thomas,
and St. Mary, which had been carved out of the recently acquired lands lying between the rivers Alatamaha and St.
Mary. It was urged upon the consideration of his excellency that the inhabitants of those parishes were deprived
of the inestimable privilege and right of consenting, through their representatives, to the framing of laws affecting
their persons and property, and that unless the freeholders inhabiting that territory were admitted to an equal
representation, the House would be unable to apportion the taxes intelligently and fairly. The governor, while
admitting it to be certainly just that each parish in the province should be represented, expressed a doubt as
to his power to grant the writs requested because, under existing instructions, he was directed neither to increase
nor to diminish the membership of the assembly. He promised, however, to reflect upon the application; and, if
he came to the conclusion that he could not grant the request, he intimated that he would submit the matter for
the consideration of the home authorities and invoke their permission to order the elections.1 Upon conferring
with Council, Governor Wright was advised by that body that he did not possess the authority to issue the writs
of election as prayed for. It was therefore deemed proper to refer the subject to the consideration of the general
government, and to invoke definite instructions.
No response having been received, the Commons House of Assembly, on the 20th of March, 1770, again addressed the
governor in relation to the matter. " A partial representation," said the members, " is a measure
unknown in anjr part of his Majesty's dominions, and entirely inconsistent with the bulwark of our liberties, the
glorious Bill of Rights, the pride of our Nation and the envy of the rest of mankind." Making a personal application
of the principle for which Georgia in common with her sister American colonies was then earnestly contending, that
taxation without representation was intolerable, unjust, and without warrant, they concluded thus: " Under
these circumstances unless your Excellency coincides with us, we dare not impose a general tax, knowing with what
abhorrence every member of our community holds the idea of a partial representation."
A second time did the governor ask advice of his council, and again did they, in a carefully considered response,
reiterate the opinion expressed on a former occasion.
The application for authority to issue writs of election for the four parishes was at first refused by the king,
and the matter remained in abeyance until the 11th of December, 1770, when, upon farther reflection, his majesty
signed his willingness that those parishes should be represented in the Commons House of Assembly. He also empowered
the governor, if so requested by the council and assembly, to assent to a bill " allowing a right of voting
to the proprietors of Town Lots paying a tax equal to the tax on 50 acres of land, to which property the qualification
of an elector is at present confined: secondly, directing the mode of voting to be by ballot, which now is viva
voce: and thirdly, qaalifying persons possessed of £300 value in houses, buildings, town lots, or any lands
in any part of the Province, to serve as Representatives, whereas the qualification is now confined to an ownership
of 500 acres of land."
Constant was the struggle and frequent were the disagreements between the Governor and Council and the Commons
House of Assembly. The latter body, coming directly from the people and reflecting the revolutionary sentiments
of the masses, was always tenacious of its rights, intolerant of executive interference, and aggressive in its
assertion of legislative power and political freedom. Although time and again dissolved because, in the judgment
of the Crown officers, the Lower House of Assembly was arrogating to itself the prerogatives of Parliament, defying
the laws of England, and exercising privileges beyond those accorded by royal instructions, each new House of Assembly
surpassed its predecessor in an exhibition of independent thought and action, and manifested signs more emphatic
of a determination to control the political fortunes of the province.
Upon the convocation of the General Assembly of 1770, Dr. Noble W. Jones, son of Colonel Noble Jones, whose name
and services had been intimately and honorably associated with the colony of Georgia from its earliest inception
under Oglethorpe, was elected speaker of the Lower House. So pronounced and influential had been his views and
conduct in opposition to some of the oppressive acts of Parliament that Governor Wright, exercising the power vested
in him, refused to sanction this choice and ordered the House to select another speaker.
Incensed at the affront offered to him who has been aptly styled " one of the morning stars of liberty in
Georgia," and resenting what they deemed an unwarrantable interference with tbe power resting solely with
them to nominate tbeir own presiding officer, the members of the House passed resolutions complimentary to Dr.
Jones, and declared " that the sense and approbation this House entertain of bis conduct can never be lessened
by any slight cast upon him in opposition to the unanimous voice of the Commons House of Assembly in particular
and tbe Province in general." Criticising the action of the executive they resolved " that this rejection
by the Governor of a Speaker, unanimously elected, was a high breach of the privileges of the House, and tended
to subvert the most valuable rights and liberties of the people and their representatives." This bold assertion
the council was pleased to stigmatize as " a most indecent and insolent denial of his Majesty's authority,"
and the governor, wielding the only punitive weapon at command, dissolved the assembly on the 22d of February,
1770.
Having purchased valuable lands, introduced many negro slaves, and settled several plantations in the province,
anxious to devote some time to tbe advancement of bis private affairs, and wishing to visit England, Governor Wright,
on the 3d of July, 1769, applied for a leave of absence for a year; that leave to become operative not sooner than
the spring of 1770.* In submitting this application be remarked to the Earl of Hillsborough: " Mr. Habersham,
the Secretary of the Province, who is the President, or eldest Councillor, is a gentleman of property, no Liberty
Boy, but a firm friend to Government, and a very worthy, honest man. He has been in the Province from nearly its
first settling, and must therefore know the people, and I think him of sufficient ability to fill up a short vacancy,
especially when things are in an orderly way."
This request was granted, and a royal license issued on the 2d of November, 1769.a In forwarding it to Governor
Wright the Earl of Hillsborough said: " I hope that Mr. Habersbam's conduct in the administration of government
during your absence will justify the favorable report you made of him, and that it will not be found necessary
to send out a Lieutenant Governor." No better selection could have been made on the part of the Crown.
It was not until the 10th of July, 1771, that Governor Wright availed himself of his leave of absence. Three days
afterwards Mr. Habersham took the usual oaths of office and entered upon the discharge of the gubernatorial duties.
His official title was "President and CommAnder-in-chief of his Majesty's Province of Georgia, Chancellor,
Vice-Admiral, and Ordinary of the same for the time being." His personal acquaintance with the inhabitants,
his thorough knowledge of the history, development, and wants of the colonys his long experience in the conduct
of its public affairs, the purity of his character, and the high esteem in which he was held, admirably fitted
him for this responsible position. He was also the firm friend of law, order, and of the British Constitution.
Of his loyalty to the king there could be no doubt, and all his avowed affiliations were, at the time, with those
who obeyed the acts of Parliament and maintained their allegiance to the throne of England.
It excites no wonder that many of the wealthiest and most influential citizens of Georgia should have tenaciously
clung to the fortunes of the Crown and sincerely deprecated all idea of a separation from the mother country. Of
all the American colonies this province had subsisted most generously upon royal bounty, and had been the recipient
of favors far beyond those extended to sister plantations.
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