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CHAPTER
XIV
pages 273-287
By Charles C. Jones
Volume II - Revolutionary Epoch, 1888
Submitted by: Dena Whitesell
Upon the departure of General McIntosh, Colonel Samuel Elbert succeeded to the command of the continental troops
in Georgia. But little progress was made by recruiting officers in filling up the ranks of companies attached to
the battalions authorized by the Continental Congress. The bounty and pay allowed by the general government for
a whole year's service were not equal to the sums offered by militiamen for substitutes to take their places for
only three months. Those disposed to enter the army preferred enlistment for a short term with the militia, where
they could act pretty much as they pleased and remain most of the time near their homes, to being mustered into
the regular service for a period of three years, when they would be subjected to the strict rules of discipline
and find themselves liable to duty in distant fields.
The paper currency, too, which, for a little while, was accepted at par in defrayal of the expenses connected with
the war, was now rapidly depreciating in value. Although congress and state legislatures subjected to prescribed
penalties individuals who refused to receive it at par with gold and silver when offered in purchase of commodities
exposed to sale, and denounced as enemies to the cause of freedom all those who attempted to lessen its value,
the large volume put upon the country, the poverty of the public revenue, the inability of the general government
and of the respective States to redeem in coin, and the impossibility of providing by taxation for the sure payment
of these rapidly multiplying issues, begat a feeling of distrust in the public
mind, and soon demonstrated the visionary basis upon which such a circulating medium was founded.
Patriotic impulses are potent and may be relied upon. Privations in the cause of right and honor and country will
be, for the while, endured by citizens conscious of their privileges and earnest in their preservation. But there
is a limit to all voluntary exhibitions of devotion and self-sacrifice. History teaches that armies, the most enlightened
and patriotic, must be properly fed, clothed, and paid, to insure contentment within and satisfaction at home.
In the estimation of the soldier duty to country is supplemented by no less binding obligations to family. While
surrendering his occupation and personal liberty in the fulfillment of the one, he may justly expect to be at least
measurably assisted in discharging the other. Hence, in a general appeal to the arms-bearing population of any
community for enlistment, the recruiting officer must be prepared to tender substantial inducements in addition
to a mere invocation to a display of manhood and an exhibition of love of country. When the storm has been for
some time raging, when men have learned the dangers and the disagreeablenesses of war, and when the prospect for
an early conclusion of the struggle appears uncertain, many come to take a practical view of the situation and
are not easily influenced by considerations which, at the outset, were recognized as most potent. As the was- progressed
the scarcity of provisions and the knowledge that the monthly pay was to be had only in a paper currency which
was constantly and rapidly depreciating in its accepted value deterred many from enlisting in (the continental
battalions. The recruiting officers in Georgia were disappointed in their expectations.
The southern frontier being most exposed, the commanding officer directed that all recruits, as rapidly as they
were enlisted, should be forwarded to the posts on the Alatamaha. Twenty of these, on their way to Fort Howe, while
within two miles of their destination, were set upon by one hundred and fifty loyalists and Indians. The attack
was made while the party was crossing a thick bay swamp. Only six of the men, and Lieutenants Brown and Anderson
in command, escaped. Fourteen were slain. Advised of the disaster, Colonel Screven, collecting the southern militia
and summoning Lieutenant-Colonel John Mc-Intosh and his regulars from Darien, repaired to the scene of action.
The dead lay unburied, scalped, their bodies ripped open, their intestines scattered about on the ground, and their
faces so mangled that they were in most instances incapable of recognition. The enemy having passed over the river
at Reid's Bluff in their retreat upon St. Augustine were already beyond reach.
On the night of the 31st of July a party of Indians crossed the Ogeechee River near Morgan's Fort, rushed into
the house of Samuel Delk, who was not at home, killed and scalped his wife and four children, and led his eldest
daughter, a girl of fourteen, into miserable captivity.
On the 10th of August, 1777, some boats from a British armed vessel lying in St. Andrew's Sound landed on St. Simon's
Island. Their crews captured and carried away Captain Arthur Carney, five citizens, several negroes, and as much
household furniture as could be conveyed in the barges. Carney had been appointed to the captaincy of the fourth
company in the first continental battalion of Georgia troops. After his capture, he espoused the royal cause, and
proved himself not only an active Tory but a great cattle thief.
Such was the warfare to which Georgia was subjected, and such the character of the enemy desolating her borders.
Late in 1776 the General Assembly of South Carolina adopted a resolution to the effect that a union between that
State and Georgia would tend to promote their strength, wealth, and dignity, and insure mutual liberty, independence,
and safety. Commissioners were sent to Savannah to treat of the matter, and the Honorable William Henry Drayton
seems to have been the chairman, as he certainly was the spokesman, of the committee. Arriving in Savannah in January,
1777, Mr. Drayton addressed his arguments to various leading citizens. " I found," said he in a letter
written to Humphrey Wells of Augusta, dated Snow Hill, South Carolina, June 8, 1777, in which he gives the full
details of his mission, " that every gentleman in public office with whom I conversed was strongly against
a union. However, I had the pleasure to find some gentlemen of fortune, though not in office or convention, who
heartily approved the measure." He was still in Savannah when the convention assembled. At his earnest solicitation
he was accorded an audience. For quite an hour he addressed that body, arguing that although Carolina and Georgia,
originally one, were now under separate governments, nature, climate, soil, productions, and kindred interests
all demanded that the union should be restored; that if they remained apart jealousies and rivalships would spring
up to the prejudice of internal improvements, common productions, and foreign commerce; dangerous disputes would
arise respecting boundaries and the navigation of the Savannah River; and that the value and security of property
would be seriously imperiled. A union established, all rivalries and dangers would cease; agriculture, internal
trade, and foreign commerce would rapidly increase; the expenses of government would be lessened, and the stability
of the consolidated commonwealths be confirmed. To Georgia especially would the suggested union prove most beneficial.
Carolina planters would be encouraged to cross the river and fill the land with substantial improvements. Georgia
currency, hitherto inferior in value, would be put on a par with that of Carolina. The Savannah River would be
cleared of all obstructions, and the commerce of the town of Savannah be rapidly and vastly enhanced. While Georgia
would lose the seat of government, her prosperity would be so essentially promoted that this trifling circumstance
would be speedily forgotten. Should Georgia decline to accede to the proposition, the Carolinians, who possessed
both intelligence and wealth, would speedily build a city opposite Savannah which, attracting to itself the commerce,
both internal and foreign, of the region, would quickly work the ruin of that town. With these and similar arguments
did Mr. Drayton endeavor to persuade the convention to sympathize in the views of the South Carolina legislature.
The members heard him patiently, respectfully, but rejected the proffered union. President Gwinnett, Dr. Noble
W. Jones, and all the leading spirits were radically opposed to the scheme on grounds both material and constitutional.
The effort of South Carolina to swallow up Georgia signally miscarried.
Mortified at their failure, the Carolinians sought to compass indirectly what they had been unable to accomplish
by political correspondence and diplomacy. Petitions and broadsides, prepared in Carolina, were freely distributed
in Georgia, heaping odium upon Governor Treutlen and his council, magnifying existing grievances, creating dissatisfaction
in the masses, and urging the people to take such action as would eventuate in the union of the two States as the
surest means of self preservation and political existence.
Perceiving the malign influence exerted and the unrest engendered by these inflammatory documents, and persuaded
that their circulation was prejudicial to the welfare and peace of the State, the executive council, on the 14th
of July, requested Governor Treutlen to issue a proclamation offering a reward for the apprehension of Mr. Drayton
and of those associated with him in the conduct of this unlawful project. Accordingly the governor, on the following
day, thus responded to the wish of the council: —
" GEORGIA - By his Honour John Adam Treutlen, Esquire, Captain-General, Gover-nour, and Commander-in-Chief
in and over the said State.
A PROCLAMATION
Whereas it hath been represented unto me, that William Henby Deayton, of the State of South Carolina, Esq., and
divers other persons, whose names are yet unknown, are UNLAWFULLY endeavouring to POISON the minds of the good
people of this State against the Government thereof, and for that purpose are, by letters, petitions, and otherwise,
daily exciting animosities among the inhabitants, under the pretence of redressing imaginary grievances, which
by the said William Henby Dbayton it is said this State labours under, the better to effect, under such specious
pretences, an union between the States of Georgia and South Carolina, all which are contrary to the Articles of
Confederation, entered into, ratified, and confirmed by this State as a cement of union between the same and the
other United and Independent States of America, and also against the resolution of the Convention of this State
in that case made and entered into: THEREFORE, that such pernicious practices may be put an end to, and which,
if not in due time prevented, may be of the most dangerous consequences, I HAVE, by and with the advice and consent
of the Executive Council of this State, thought fit to issue this Proclamation, hereby offering a reward of ONE
HUNDRED POUNDS, lawful money of the said State, to be paid to any person or persons who shall apprehend the said
William Henry Drayton, or any other person or persons aiding and abetting him in such unlawful practices, upon
his or their conviction: And I DO hereby strictly charge and require all magistrates and other persons to be vigilant
and active in SUPPRESSING THE SAME, and to take all lawful ways and means for the discovering and apprehending
of such offender or offenders, so that he or they may be brought to condign punishment.
Given under my Hand and Seal in the Council Chamber at Savannah, this fifteenth day of July, one thousand seven
hundred and seventy-seven. John Adam Treutlen. By his Honour's Command, James Whitefield, Secretary.
To this proclamation Mr. Drayton, on the 1st of August, penned a defiant, scornful, and discourteous reply, in
which he taunts the governor with injustice done to George Mclntosh, and with a total disregard of the rights of
the people over whom he was called to preside. Criticising the conduct of his excellency and of the executive council
in the administration of public affairs, he adds: —
"I am inclined to think you are concealed Tories, or their tools, who have clambered up, or have been put
into office in order to burlesque Government — and I never saw a more extravagant burlesque upon the subject than
you exhibit — that the people might be sick of an American Administration, and strive to return under the British
domination merely for the sake of endeavouring to procure something like law and order. I respect the people of
Georgia; but, most wise rulers, kissing your hands, I cannot but laugh at some folks. Can you guess who they are?"
The laugh was hollow. The scheme and the Animus of its supporters had been laid bare, and all hope of destroying
the autonomy of Georgia was at an end (Of the antecedents of Governor Treutlen but little is known, so far as our
inquiry extends. Among the early advocates of liberty he wan, in Georgia, recognized as a trusted and influential
leader. During that troublous period when South Carolina attempted to extend dominion over her younger sister,
he battled bravely for the integrity of his State. The tradition lives among his descendants that he was, in Orangeburg,
South Carolina, inhumanly murdered by Tories. His grave is unmarked, and Georgia, in naming her counties, has neglected
to perpetuate his virtuous and patriotic memory).
As allusion was made to the case of George Mclntosh, and as the circumstances connected with his arrest, incarceration,
and subsequent release attracted much comment, it may not be out of place to review them here. We present the facts
as they have been handed down to us by Captain McCall.
At the commencement of the contest between Great Britain and her American colonies, George Mclntosh, a brother
of General Lachlan Mclntosh, a native of Savannah and a gentleman of considerable wealth, was residing and planting
on Sapelo River in St. Andrew's Parish. So earnest was he in his support of the American cause against the encroachments
of Parliament that he was chosen a member of the committee of safety of St. John's Parish. In May, 1776, William
Panton — late a merchant in Savannah, but then chiefly engaged at an Indian trading post which he had established
on St. John's River, in East Florida— brought into Sunbury a quantity of goods such as cloths, osna-burgs, salt,
sugar, etc. Finding that these commodities were in great demand, he solicited and obtained permission from the
committee of safety to sell them and to purchase rice in return, upon condition that he would give bond and security,
in accordance with the resolution of the Continental Congress, that the rice and other produce should not be landed
at any port subject to the dominion of England, Mr. George McIntosh, Sir Patrick Houstoun, and Mr. George Bailie
had purchased goods of Panton to a considerable amount.
Having previously received from the committee of safety a license to ship a quantity of rice, of which they were
joint owners, to Surinam, with the understanding that the provisions of the non-intercourse acts should not be
violated, they gave to Panton, in payment for the commodities purchased of him, bills of exchange on their consignee
in* Surinam. Panton also became interested in some of the rice. Regular clearances were obtained for the vessels
conveying the rice, from the officer of customs in the port of Sunbury, and they set out for Surinam. When in the
mouth of Sapelo River, they were boarded by William Panton who claimed that the cargoes belonged to him and ordered
that the destination of the vessels should be changed. The brig was directed to proceed to the West Indies, the
schooner to St. Augustine, and the sloop to St. John River. The masters of these vessels subsequently deposed that,
although these orders were in contravention of the instructions of the shippers, on being informed that Panton
held bills of exchange drawn against the proceeds of the cargoes, they finally consented to obey his directions.
A letter written by Governor Tonyn of East Florida, and addressed to Lord George Germain, was intercepted at sea
and transmitted to the president and council of Georgia. In it he suggests that, in the recent procurement of rice
from Georgia, Mr. Panton " had been greatly assisted by Mr. George McIntosh who is compelled to a tacit acquiescence
with the distempered times." ? informed," continued the writer, "that his principles are a loyal
attachment to the king and constitution. He would, my lord, be in a dangerous situation was this known."
On the 8th of January, 1777, McIntosh was seized by order of the president and council and lodged in the common
prison. Gwinnett was then president, and gladly availed himself of the opportunity thus aflEorded to mortify General
Lachlan Mclntosh and vent his wrath against him upon his brother. For some time the power of the judiciary to intervene
by habeas corpus was questioned by the executive, who, alleging that the offense was against the laws of the Confederated
States, claimed that the judge of a State could in no manner take cognizance of it.
When interrogated by the friends of McIntosh, Panton confessed that George Mclntosh was a man of honor, that he
believed him to be "sincerely attached to the rights and liberties of America" and that he was not chargeable
with the deviation in the voyages of the vessels. Many depositions were taken before Judge Glen, in behalf of McIntosh,
to invalidate the suggestions contained in Governor Tonyn's letter to Lord George Germain. Bailie and Houstoun
were both " placed upon the bill of confiscation and banishment,"and Mclntosh was "rigorously prosecuted."
While he was in confinement awaiting a trial, his property was dissipated. When admitted to bail he set out to
lay his case before the Continental Congress. In passing through North Carolina he was pursued and arrested by
a party, under the command of Captain Nash, who had been directed to overtake and conduct him as a prisoner to
the Continental Congress. He did not arrive at the seat of government until the 9th of October. Upon submitting
his memorial, fortified by many affidavits and commendatory letters from Jonathan Bryan, John Wereat, Henry Laurens,
and other prominent individuals who believed in his innocence and regarded his prosecution as inspired and urged
by the enemies of his brother, General Lachlan McIntosh, congress appointed Messrs. Adams, Duane, and Williams
to examine into the matter and report their conclusions. In the execution of the duty thus devolved upon them the
committee, on the ensuing day, reported that after investigation they were satisfied no sufficient cause had been
shown to warrant the detention of Mr. McIntosh. He was thereupon discharged, and so the matter ended. Notwithstanding
his harsh treatment, his losses, and the suspicions set afloat impugning his loyalty to the American cause, McIntosh
sought only to purge himself of the calumnies which had been heaped upon him, and invoked neither protection nor
redress under the shadow of the British flag.
In consequence of the constant employment of the militia, provisions, especially bread-stuffs, became quite scarce
in Georgia, so much so that Governor Treutlen found it necessary to issue a proclamation forbidding the exportation
of corn, rice, flour, and other commodities requisite for the subsistence of the inhabitants and the support of
the troops in the field. So rapidly were the state bills of credit depreciating on the market that he deemed it
proper to issue another proclamation threatening penalties upon all who should be found undervaluing them. As,
however, no provision had been made for the ultimate redemption of these promises, they, day by day, were held
in less efcteem by the public.
An act of the assembly was published proclaiming the binding force of such statutes passed by royal legislatures
as were not in conflict with the provisions of the constitution, or at variance with the subsequent state legislation.
A land office was opened and inducements were offered to all who would come in and settle upon vacant territory.
It was resolved to raise two battalions of minutemen for the defense of the frontier. The term of enlistment was
fixed fit two years, and large bounties were offered, in the name of the State, to both officers and men. Previous
to placing these battalions in the field, the protection of the western division of the State had been confided
to Colonel Marbury, commanding a regiment of dragoons. Subsequently this force was distributed south of the Alatainaha
to guard cattle and to repel the oft-repeated incursions of the Tory Colonel McGirth.
For the immediate protection of Sunbnry a fort was built just below the town upon the point where the high ground
ended and the wide, impracticable marshes between the main and Bermuda Island commenced.
A small defensive work may have existed here at an earlier date. The Record Book of Midway Church discloses the
fact that in 1756 a letter was received from the Honorable Jonathan Bryan, one of his majesty's council for the
colony, conveying the intelligence that the Indians were much incensed at several of their people having been killed
by some settlers on the Great Ogeechee River in a dispute about cattle, and cautioning the Midway Congregation,
with expedition, to construct a fort for their protection. "People," continues the journal, "are
very much alarmed with the news, and consultations were immediately had about the building and place for a forty
and it was determined by a majority that it should be at Captain Mark Carrlow down, and upon the river near the
sound, at about seven or eight miles distance from the nearest of the settlement of the Society, which accordingly
was begun on the 20th September, 1756."
On the 11th of July following, apprehending an attack from a French privateer, the Midway people were summoned
to Sunbury where they " raised a couple of batteries and made carriages for eight small cannon which were
at the place." These were probably nothing more than field-works thrown up on the bluff just in front of the
town. It is to these little forts that Governor Ellis alluded when, upon his second tour of inspection through
the southern portion of the province, he was pleased to observe that the inhabitants of the Midway District had
enclosed their church within a defence, and had erected a battery of eight guns at Sunbury in a position to command
the river".
It will be remembered that when, in July, 1776, the Continental Congress resolved to raise two battalions to serve
in Georgia and authorized the construction of four galleys for the defense of her sea-coast provision was made
for the enlistment of two artillery companies, of fifty men each, to garrison the two forts which were to be erected,
one at Savannah and the other at Sunbury.
It may, we presume, be safely asserted that the inclosed earthwork just south of Sunbury was laid out and builded
about the period of the commencement of the Revolutionary War. If any fort existed there prior to that time it
was then so modified and enlarged as to completely lose its identity.
The names of those who were specially charged with the construction of this fort have not been perpetuated, but
it lives in tradition that the planters of Bermuda Island and of the Midway District and the citizens of Sunbury
contributed mainly to its erection. It was built chiefly by slave labor, and was armed with such cannon as could
be procured on the spot or obtained elsewhere. That its armament was by no means inconsiderable will be conceded
when it is remembered that twenty-five pieces of ordnance were surrendered by Major Lane when he yielded up this
work. These guns, however, were small, consisting of 4,6, 9,12, and 18 pounders, with perhaps one or two 24-pounders.
It was called by the Americans Fobt Morris;8 but, upon its
capture by Prevost, its name was by him changed to Fort George.
At the inception of the Revolutionary War the coast defenses of Georgia were in a most dilapidated condition. All
her forts were in ruins, or nearly so. On the 20th of September, 1773, Sir James Wright, who makes no mention of
any defensive work at Sunbury, reports Fort George on Cockspur Island, which was built in 1762 of mud walls faced
with palmetto logs with a cap-oniere inside to serve for officers' apartments, as " almost in ruins, and garrisoned
only by an officer and three men just to make signals, etc." Fort Halifax, within the town of Savannah, constructed
in 1759 and 1760, and made of plank filled in with earth, with the exception of two of its caponieres, was totally
down and unfit for use. Fort Frederick, at Frederica, erected by General Oglethorpe when his regiment was stationed
there, had been without a garrison for upwards of eight years, and although some of its tabby walls remained the
entire structure was fast passing into decay. Fort Augusta, in the town of Augusta, made of three-inch plank, had
been neglected since 1767 and was rotten in every part. Fort Barrington on the Alatamaha River was in like condition.
Of the fort at New Ebenezer, of Fort William on the southern extremity of Cumberland Island, of Fort Argyle, and
of the other minor defenses erected in the early days of the colony scarce a vestige remained.
Located some three hundred and fifty yards due south of Sunbury, and occupying the bluff where it first confronts
Midway River as, trending inward from the sound, it bends to the north, Fort Morris was intended to cover not only
the direct water approach to the town, but also the back river by means of which that place might be passed and
taken in reverse. Its position was well chosen for defensive purposes. To the south stretched a wide-spread and
impracticable marsh permeated by Pole-haul and Diekerson creeks, two tributaries of Midway River, whose mouths
were commanded by the guns of the fort. This marsh also extended in front of the work, constituting a narrow and
yet substantial protection against landing parties, and gradually contracting as it approached the southern boundary
of Sunbury. This fortification was an inclosed earthwork, substantially constructed. Its walls embraced a parade
about an acre in extent. The eastern face, fronting the river, was two hundred and seventy five feet in length.
Here the heaviest guns were mounted. The northern and southern faces were respectively one hundred and ninety-one
and one hundred and forty feet in length, while the curtain, looking to the west, was two hundred and forty-one
feet long. Although quadrangular, the work was somewhat irregular in shape. From the southern face and the curtain
no guns could be brought to bear upon the river. Those there mounted served only for defense against a land attack.
The armament of the northern face could be opposed to ships, which succeeded in passing the fort, until they ascended
the river so far as to get beyond range. It also commanded the town and the intervening space. The guns were mounted
en barbette, without traverses. Seven embrasures may still be seen, each about five feet wide. The parapet, ten
feet thick, rises six feet above the parade of the fort, and its superior slope is about twenty-five feet above
the level of the river at high tide. Surrounding the work is a moat at present ten feet deep, ten feet wide at
the bottom, and twice that width at the top. Near the middle of the curtain may be seen traces of a sally-port
or gateway, fifteen feet wide. Such is the appearance of this abandoned work as ascertained by recent survey. Completely
overgrown by cedars, myrtles, and vines, its presence would not be suspected, even at a short remove, by those
unacquainted with the locality. Two iron cannon are now lying half buried in the loose soil of the parade, and
a third will be found in the old field about midway between the fort and the site of the town. During the recent
war between the States, two 6-pounder guns were removed from this fort and carried to Riceboro. No use, however,
was made of them. Two more, of similar calibre, of iron, and very heavily reinforced at the breech, were taken
by Captain C. A. L. Lamar, whose company was then stationed at Sunbury, and temporarily mounted on the bluff to
serve as signal guns. Notwithstanding their age and the exposure to which they had so long been subjected, these
pieces were in such excellent condition that they attracted the notice of the ordnance department, and were soon
transported to Savannah. There they were cleaned, mounted upon siege carriages, and assigned to Fort Bartow, where
they remained, constituting a part of the armament of that work, until upon the evacuation of Savannah and its
dependent forts by the Confederate forces in December, 1864, they passed into the hands of the Federal army.
S anbury was occupied by the Revolutionists as a military post, and its fort garrisoned at a very early period
in the colonial struggle for independence. Fort Morris was the most important military work constructed by Georgians
during the war of the Revolution.
The Assembly convened in Savannah in January, 1778, and on the 10th of that month elected John Houstoun governor.
A son of Sir Patrick Houstoun, a gentleman of liberal education and strong character, he was among the first in
the colony to counsel resistance to British aggressions. Twice had he represented Georgia in the Continental Congress;
and but for the defection of the Reverend Mr. Zubly, which necessitated his presence in Georgia at the trying moment,
his name would have been affixed to the Declaration of Independence. He was a member of the Executive Council when
he was called to the gubernatorial chair. The other state offices within the gift of the House of Assembly were
thus filled: John Glen was made chief justice; William Stephens, attorney-general; William O'Bryan and Nehemiah
Wade, joint treasurers; James Maxwell, secretary; and Thomas Chisholm, surveyor-general. James Jones was appointed
collector for the port of Savannah, and David Reese for that of Sunbury. Ambrose Wright was commissioned as Commissary
General of the State and Superintendent of Public Buildings in the County of Chatham.
At a meeting of the executive council, held on the 16th of April to consider the attitude of affairs both civil
and military, an extraordinary political act was committed. It was nothing less than investing the governor with
almost dictatorial powers. In a preamble and resolutions the executive council declared the situation of Georgia
so truly alarming that only the most spirited and vigorous exertions could suffice to defeat the machinations of
the enemy, and that " in such times of danger it might happen that everything would depend upon instantaneous
measures being embraced, which could not be done should the governor wait for calling a council." Having then
recorded their favorable opinion of the constitutionality of the measure they proposed to adopt, the members proceeded
to sanction the following unusual and dangerous policy: "The Council therefore, impressed with a sense of
the calamitous situation of this State, and apprehending it as an unavoidable expedient, do request that his honor,
the Governor, will be pleased to take upon himself to act in such manner as to him shall seem most eligible; and
to exereise all the executive powers of government appertaining to the militia or the defence of the State against
the present danger which threatens it, or in annoyance of the enemy, independent of the Executive Council and without
calling, consulting, or advising with them unless when and where he shall find it convenient, and shall choose
to do so. And they pledge themselves to support and uphold him in so doing, and to adopt as their own the measures
which he shall embrace; and that this shall continue during the present emergency, or until the honorable House
of Assembly shall make an order or give their opinion to the contrary."
To this remarkable exhibition of personal confidence Governor Houstoun replied: He was exceedingly unwilling to
do any act without the approbation of the Council: but that, as he found by experience, during the present alarm,
the impossibility of at all times getting them together when too much, perhaps, depended upon a minute; and further,
that as the Council had given it as their opinion that the proceeding was justifiable under the Constitution, and
as the meeting of the Assembly was so near at hand and alarms and dangers seemed to thicken on all sides, he agreed
to act in the manner the Council requested, during the present emergency, or until the honorable House of Assembly
shall make an order or give their opinion to the contrary.
While such a delegation of authority may not have been prohibited in terms by the constitution of 1777, it is very
questionable whether the framers of that instrument ever contemplated such a cession on the part of the members
of the executive council who were constituted the special advisers and coadjutors of the governor in the exercise
of the executive powers of government.
The threatening aspect of affairs on the southern frontier and the general alarm pervading the State caused this
abnormal action on the part of the executive council.
Early in April, 1778, a band of loyalists from the interior of South Carolina, led by Colonel Seophol (he is described
by General Moultrie as an illiterate, stupid, noisy blockhead. His name also appears as Scovil, and sometimes as
Scophal, and his adherents were denominated Scopholities, Scophalites, or Scovilites.), assembled near Ninety-Six
and, moving thence, crossed the Savannah River about forty miles below Augusta. Here they were joined by a party
from Georgia, entertaining like sentiments and commanded by Colonel Thomas. Seizing some boats conveying corn and
flour from Augusta to Savannah, they supplied themselves with such provisions as they needed, burning the rest
and sinking the boats.
Numbering between five and six hundred, these outlaws marched rapidly for Florida plundering and destroying everything
which came in their way as they passed through Georgia. The sparsely populated districts were incapable of offering
resistance. Reaching Florida in safety, these Scopholites joined the enemy and strengthened their purposes for
an early and a formidable invasion of Georgia.
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