Georgia History C. XXII

CHAPTER XXII
pages 417-441
By Charles C. Jones
Volume II - Revolutionary Epoch, 1888
Submitted by: Dena Whitesell

So thoroughly were the republican inhabitants of Southern Georgia overwhelmed by the disappointment consequent upon the disastrous failure of the allied army to capture Savannah, so entirely were they enfeebled and deserted upon the withdrawal of the American and French forces, and so completely did they find themselves in the power of the king's troops that they were brought to the very verge of despair. Organized resistance was out of the question, and their lamentable condition was rendered even more deplorable by the enforcement of orders promulgated by Governor Wright.

To " check the spirit of rebellion," he compelled all who could have joined in the defense of Savannah, but who did not do so, to give a very circumstantial account of their conduct during the siege." Those of the lower class whom he did not deem " materially culpable" he constrained to furnish security for their good behavior for twelve months. Bonds were exacted of each of them to the amount of £100 sterling, with two sureties, each justifying in the sum of £50. They were also required to swear allegiance to the Crown, and to subscribe a special test oath. Such as appeared to have "offended capitally " he caused to be committed and to be prosecuted for high treason.

A proclamation was issued appointing the 29th of October, 1779, as a day of public thanksgiving to Almighty God for "His divine interposition" and "signal protection" displayed in the "late deliverance from the united efforts of rebellion and our natural enemies." Other proclamations, both by Governor Wright and the military authorities, promised protection to all Georgians who would lay down their arms and submit peacefully to the restoration of English rule. Believing that all was lost, and beguiled by these offers of quiet and life, not a few of the inhabitants returned to their former allegiance to the realm.

So seriously had Savannah been endamaged by the cannon and mortars of the allied army; so sadly had its churches and public buildings been impaired by conversion into hospitals, storehouses, and barracks; and so polluted were many private structures by the presence of wanton soldiers and filthy negroes, that the early and thorough restoration of the town to order and cleanliness demanded and received the earnest attention of Sir James Wright. The wretched condition of affairs was rendered even more frightful by the appearance of that loathsome pest, the small-pox, and by the insubordination of the slave population which, having been armed and put to work in the trenches during the continuance of the siege, now that the danger was overpast, refused in many instances to return to obedience and former servitude. Inoculation and severe measures, however, succeeded in restoring health and comparative security to this unhappy community.

Desiring to convoke a legislative assembly, and yet apprehending, in the distracted state of the country, that only a partial representation could be secured from the parishes constituting the province as recognized by the royal government, the governor apd council referred the matter to Chief Justice Anthony Stokes and Attorney-General James Robertson for advice.

Those gentlemen, on the 15th of November, 1779, reported that in their judgment "writs of election ought to be issued in the usual form for all the parishes and districts that sent members to the last Assembly." They expressed the further opinion that " if there should be any parish or district without freeholders qualified to elect, or if through the invasion or vicinity of the rebels the provost-marshal cannot venture to proceed to an election, then he must return such special matter along with the writs of election, and verify it by affidavits. Such a Commons House of Assembly, convened with the precautions above mentioned, we conceive would be a lawful representation of the whole Province."

Acting upon this advice, the governor and council caused writs of election to be issued returnable on the 5th of May, 1780.

In due course the following persons were reported to council as having been elected members of the Commons House of Assembly:

For the town and district of Savannah : Samuel Farley, James Mossman, John Simpson, and James Robertson.
For Little Ogeechee in Christ Church Parish : William Jones.
For Great Ogeechee and St. Philip's Parish: James Butler, Thomas Goldsmith, and Simon Munro.
For Midway and St. John's Parish: John Irvine and Joseph Fox.
For Goshen and Abercorn in St. Matthew's Parish: Samuel Douglass.
For Ebenezer and St. Matthew's Parish: Alexander Wright, Basil Cowper, and Nathaniel Hall.
For Acton in Christ Church Parish : David Zubly.
For Vernonburg, in Christ Church Parish: Basil Cowper.
For Wilmington, Tybee, etc.: Philip Yonge.
For St. Andrew's Parish: Robert Baillie and James Spald-ing.
For Frederica and St. James' Parish: William Panton.
For St. David's Parish: Samuel Douglass.
For St. Patrick's Parish : Robert Porteous.
For St. Thomas' Parish: Simon Paterson.
For St. Mary's Parish : William Ross.
For Halifax and St. George's Parish: Alexander Wylly and John Henderson.

Although twenty-six members had thus been returned, only fifteen appeared at Savannah and qualified. Prior assemblies having fixed the constitutional quorum at eighteen, including the speaker, Governor Wright was undecided as to the propriety of permitting the Commons House of Assembly to perfect its organization and proceed to business. Having conferred with his council it was resolved, in view of the necessities of the case
and the division of sentiment existing in the province, that the members assembled should be recognized as sufficient in number and that they should be empowered to organize.

Thereupon the members present elected a speaker and proceeded to the transaction of business.
The republican legislature had, on the 1st of March, 1778, passed an act attainting of high treason various parties in Georgia who clave to the fortunes of the Crown, confiscating to the State their property, both real and personal, and appointing boards of commissioners for the purpose of selling such confiscated estates. The following are the names of the parties affected by the provisions of that act: Sir James Wright, John Graham, Henry Yonge, Junior, William Morse, Robert Smith, James Hume, William John Yonge, Charles William McKennin, George Barry, Alexander Wylly, William Johnston, John Light-enstone, John Mulryne, Josiah Tattnall, William McGillivray, John Joachim Zubly, George Kincaid, John Hume, Joseph Farley, Robert Reid, Thomas Reid, John Bond Randell, Henry Yonge, Senior, Philip Yonge, James Robertson, James Brown (schoolmaster), David Johnson, Alexander McGoun, William Simes, John Inglis, Peter Dean, Thomas Johnson, George Bos-land, James Johnston, James Downey, William Trintfield, George McCaully, John Jameison, Andrew Hewitt, George Baillaie, George Webb, John Love, of Effingham County, Joseph Johnston, John Johnston, George Wilds, William Love, Charles Hall, James Moore, Samuel Moore, John Hubbard, Matthew Marshal, Joseph Marshal, Thomas Brown (late of the ceded lands), Thomas Scott (late of the ponds on Ogeechee, in Wilkes County), William Fraser, Timothy Hollingsworth, Valentine Hollingsworth, William McDonald, John McDonald, John McDonald (tailor), William Ross (late of St. Andrew's Parish), Daniel McLeod, Alexander Baillie, Alexander McDonald, David Ross, Daniel McDonald, Roderick Mclntosh, Angus Bacon, Thomas Young, Simon Munro, Simon Patterson, William Ly-ford, Robert Baillie, James Kitching, Roger Kelsall, James Spalding, Robert Porteous, Alexander Creighton, Robert Moodie, William Clark (late of St. Andrew's Parish), James Chapman, Charles Watts, William Bosomworth, Sampson Williams, Garret Vinsant, George Vinsant, Daniel McGurth, James McGurth, George Proctor, James Shivers, John Speier, John Martin (of Jekyll Island), John Frost, William Frost, Cornelius Dunn, John Dunn, John Pettinger, Robert Abrams (hatter), Joseph Rains (late of the parish of St. David), Basil Cowper, Junior, Thomas Stringer, John Hopkins (pilot), William Oldes, William Colville (pilot), John Murray, Anthony Stokes, John Wood (late of Savannah, merchant), James Edward Powell, Jermyn Wright, Charles Wright, Thomas Eatton, James Tayler (merchant), George Finch, Philip Moore, William Panton, John Simpson (Sabine Fields), and Charles McCulloch (late of Savannah).

These were, one and all, adjudged guilty of high treason against Georgia, and their lands and personal property were declared confiscate to the State. Among them were the king's servants included, many of whom had fled. The provisions of this act had been but partially executed when the capture of Savannah, in December, 1778, by the royal forces, and the subjugation of the larger part of Georgia completely changed the aspect of affairs, and, to a very great extent, rendered nugatory this severe legislation.

It was now within the power of the Royalists to return like for like, and so they did without hesitation or show of mercy. By the General Assembly which convened in Savannah in May, 1780, two retaliatory acts were passed: one attainting of high treason various republicans, therein named, who were either absent from Georgia or in that portion of the province which was still in a state of rebellion against his majesty, and vesting their real and personal estate in vthe Crown ; the other disqualifying the parties indicated, and rendering them ever afterwards incapable of holding or exercising any ofiELce of trust, honor, or profit within the limits of Georgia.

The following is a list of those mentioned in this last act. It will be noted that it was designed to embrace every prominent Georgian in sympathy with the rebellion: —
1. John Houstoun, rebel governor.
2. John Adam Treutlen, rebel governor
3. Lachlan McIntosh, rebel general.
4. George Walton, member of rebel congress
5. William Stephens, rebel attorney-general
6. John McCIure, rebel major.
7. Joseph Clay, rebel paymaster- general
8. N. Wymberley Jones, speaker rebel assembly.
9. Mordecai Sheftall, chairman rebel provincial commissary department.
10. William O'Bryan, rebel treasurer
11. John Wereat, rebel counselor.
12. Edward Telfair, member of rebel congress
13. Edward Davies, member of rebel assembly
14. Samuel Elbert, rebel general.
15. Seth John Cuthbert, rebel major
16. William Holsendorf, rebel counselor
17. Richard Howley, rebel governor.
18. George Galphin, rebel superintendent Indian affairs.
19. Andrew Williamson, rebel general
20. John White, rebel colonel.
21. Nehemiah Wade, rebel treasurer.
22. John Twiggs, rebel colonel.
23. William Few, rebel counselor.
24. Edward Langworthy, rebel delegate
25. William Glasscock, rebel counselor
26. Robert Walton, rebel commissioner of forfeited estates
27. Joseph Wood, Jr., clerk to the rebel assemby
28. ------ Piggin* rebel colonel.
29. William Hornby, distiller.
30. Peirce Butler, rebel officer.
31. Joseph Wood, member of the rebel congreess
32. Rev. William Peircy, clerk.
33. Thomas Savage, planter.
34. Thomas Stone, rebel counselor.
35. Benjamin Andrew, president of the rebel council
36. John Baker, Senr., rebel colonel.
37. William Baker, rebel officer.
38. Francis Brown, planter.
39. Nathan Brownson, member of rebel congress.
40. John Hardy, captain of a rebel galley
41. Thomas Morris, rebel officer.
42. Samuel Miller, rebel assembly.
43. Thomas Maxwell, planter.
44. Joseph Woodruff.
45. Joseph Oswald, planter.
46. Josiah Powell, planter.
47. Samuel Saltus, committeeman.
48. John Sandiford, planter.
49. Peter Tarling, rebel officer.
50. Oliver Bowen, rebel commodore.
51. Lyman Hall, member of the rebel congress.
52. Andrew Moore, planter.
53. Joshua Inman, planter.
54. John Dooly, rebel colonel.
55. John Glen, rebel chief justice.
56. Richard Wyley, president of the rebel council.
57. Adam Fowler Brisbane, rebel counselor.
58. Shem Butler, rebel assemblyman.
59. Joseph Habersham, rebel coloneL
60. John Stirk, rebel coloneL
61. Raymond Demere.
62. Charles Odingsell, rebel captain.
63. William Peacock, rebel counselor.
64. John Bradley, captain rebel galley.
65. Joseph Reynolds, bricklayer.
66. Rudolph Strohaker, butcher.
67. Charles Cope, butcher.
68. Lewis Cope, rebel butcher.
69. Hepworth Carter, rebel captain.
70. Stephen Johnston, butcher.
71. John Mclntosh, Jr., rebel colonel.
72. James Houstoun, surgeon.
73. James Habersham, merchant.
74. John Habersham, rebel major.
75. John Milledge, Jr., rebel assemblyman.
76. Levi Sheftall, butcher.
77. Philip Jacob Cohen, shopkeeper.
78. John Sutcliffe, shopkeeper.
79. Jonathan Bryan, rebel counselor.
80. John Spencer, rebel officer.
81. John Holmes, clerk.
82. William Gibbons, the elder, rebel counselor.
83. Sheftall Sheftall, rebel officer.
84. Philip Minis, shopkeeper.
85. Coshman Polock, shopkeeper.
86. Robert Hamilton, attorney-a-law.
87. Benjamin Lloyd, rebel officer.
88. James Alexander, rebel officer.
89. John Jenkins, rebel assemblyman.
90. Samuel Stirk, rebel secretary.
91. Philip Densler, yeoman.
92. Henry Cuyler, rebel officer.
93. Joseph Gibbons, rebel assemblyman
94. Ebenezer Smith Platt, shopkeeper
95. Matthew Griffin, planter.
96. Peter Deveaux, gentleman.
97. Benjamin Odingsell, rebel officer
98. John Gibbons, vendue master.
99. John Smith, planter.
100. William Le Conte, rebel counselor
101. Charles Francis Chevalier, rebel counclor
102. Peter Chambers, shopkeeper.
103. Thomas Washington, rebel officer
104. Elisha Maxwell, planter.
105. Thomas Maxwell, Jr., rebel major
106. William Gibbons, the younger, planter
107. William Davis, rebel officer.
108. John Graves, yeoman.
109. Charles Kent, rebel counselor.
110. John Bacon, mariner.
111. Nathaniel Saxton, tavernkeeper.
112. Philip Lowe, rebel officer.
113. Samuel Spencer, mariner.
114. John Winn, Senr., planter.
115. Deveaux Jarrat, rebel assemblyman
116. Samuel West, gentleman.
117. Josiah Dupont, planter.
118. James Pugh, planter.
119. Frederic Pugh, planter.
120. James Kae, planter.
121. James Martin, planter.
122. John Martin, rebel sheriff. 123. Thomas Pace, rebel officer.
124. Benjamin Fell, rebel officer.
125. Dionysius Wright, planter.
126. Chesley Bostick, shopkeeper.
127. Littleberry Bostick, planter. 128. Leonard Marbury, rebel officer.
129. John Sharp, planter.
130. James Harris, planter.
131. Henry Jones, rebel colonel
132. Hugh McGee, rebel captain.
133. John Wilson, gentleman.
134. George Wyche, rebel officer.
135. William Candler, rebel officer.
136. Zechariah Tenn, planter.
137. William Mclntosh, rebel colonel 138. David Bradie surgeon.
139. Andrew McLean, merchant.
140. Sir Patrick Houstoun, baronet
141. McCartin Campbell, merchant
142. James Gordon, planter. 143. John Kell, gentleman.
144. John McLean, planter.
145. John Snider, planter.
146. John Elliott, rebel officer.
147. Thomas Elliott, rebel officer.
148. Richard Swinney, yeoman.
149. Hugh Middleton, rebel officer.
150. Job Pray, mariner.
151. Josiah McLean, planter.

In forwarding a copy of this disqualifying act for the approval of the home government Sir James Wright remarks to Lord George Germain: "This Bill, my Lord, I judged very necessary for his Majesty's service, as some kind of punishment to Delinquents & check to Rebellion, and indeed for the support of Government & the peace & quiet of the Inhabitants; for by it they were not only disabled as in the Title, but they are disqualified from serving on Jurys, from sitting as Members of the Assembly, & are disarm'd & oblig'd to take the State Oaths & a new
Behold the fearful condition of affairs in Georgia Royalists and Republicans contending for the mastery not only with arms, but each, by solemn legislation, denouncing the other as traitors and declaring private property a spoil to that government which could first lay hands upon it. Surely no darker picture was ever painted in the history of civil wars, the most bloody and unrelenting of all strifes. The devastating tread of contending armies, pushed backwards and forwards over the face of a smitten country, crushing the life out of habitations and filling the land with marks of desolation and the scars of battle, is terrible; but far more severe is that fratricidal conflict which disrupts the ties of blood, unseats mercy, dethrones humanity, abolishes the right to private property, and gives the region to general confiscation, plunder, and murder. Other States there were within whose borders were heard, during the progress of the Revolution, the sounds of broader battles, but truly none can be named in which the calamities of a divided government and the horrors of internecine dissensions were more pronounced.
Aside from the two bills which have been mentioned, the acts of this General Assembly possess no special significance.1 It was on the 10th of July prorogued to the 1st of November, 1780.

Prior, however, to the time announced for the reassembling of its members Augusta was besieged by the Revolutionists, and Colonel Brown and his command found themselves in a situation of great distress and peril. Yielding to the exigency of the period and the solicitations of his council, Governor Wright convened the General Assembly on the 25th of September. Alluding to the effort made to capture Augusta, commenting upon the fact that the spirit of rebellion was not crushed, and insisting that rigorous measures were still required to subdue certain portions of the province, he urged upon the General Assembly the propriety and the necessity of passing the following acts: —

I. To compel persons dwelling in and near Savannah and Augusta forthwith to render an account of all male slaves owned by them, between the ages of sixteen and sixty, and to send such of them as might be deemed necessary, with suitable tools, to work upon and complete the fortifications of those towns.

II. Rendering it obligatory upon the male inhabitants of those towns, who were not the owners of slaves, to labor themselves, or
to act as overseers in the construction of the contemplated defensive works.

III. To invest proper parties with the authority to impress horses, carts, and teams for service upon the public defenses. And

IV. To revise the militia laws, — rendering them more stringent in their provisions and more certain in their operation, — and also to inquire into the propriety of organizing a negro corps and incorporating it into the militia of the province.

But little was accomplished by this assembly. Its deliberations were characterized by a lack of harmony between the two branches. Careless of their duties as legislators, the members frequently absented themselves. The journal is filled with instances of arrests, fines, and reprimands. Long adjournments seriously interfered with the transaction of business; and the governor, in despair, on the 15th of November, 1780, adjourned the Commons House of Assembly to the 17th of January, 1781.

Annoyed at the presence of rebel cruisers which subjected the commerce and the planting operations of the Royalists to frequent and severe losses, the merchants of Savannah and Sunbury and the planters on the Georgia coast importuned Sir James to convene the assembly thaf provision might be made for the construction of a galley seventy or eighty feet long, to be propelled by fifteen or twenty oars on each side, to be armed with one six-pounder gun in the bow, four two-pounders, twelve swivels, and twenty muskets, to carry a crew of fifty whites and ten " refugee negroes," and to be employed in defending the harbors and inlets from the naval incursions of the republicans. Yielding to the solicitation, the governor did call the members of the legislature together on the 11th of December, 1780.

After due consideration it was determined that the cost of such a galley and its equipment and support would exceed the present financial ability of the province ; and so the assembly adjourned without making any provision for the public defense.

All subsequent attempts at royal legislation in Georgia were spasmodic, partial, feeble, and futile. Upon the withdrawal of the king's forces for the investment and capture of Charlestown, and upon their employment at a later period in distant fields of service, the hold of his majesty's servants upon the province was sensibly relaxed. More circumscribed grew the-limits of royal dominion until they were finally obliterated upon the evacuation of Savannah in 1782. The hope of returning Georgia to her allegiance to the Crown, inspired by the capture of Savannah in December, 1778 and revived by the defeat of the allied armies in October, 1779, was always fluctuating. Although the governor retained his seat and exercised some of the functions of his office, his letters show that he was always oppressed by a sense of insecurity. Time and again did the republican forces, under partisan leaders, approach so closely that it was deemed dangerous for the king's servants to venture beyond the lines which environed Savannah. Now and then came a loyal address from the province assuring his majesty that his sorely tried yet faithful office holders would " use their utmost endeavors to promote an attachment to his person and government and the welfare of the British Empire; that they " would not fail to put up their prayers to Almighty God that He would pour down His Blessings upon his Majesty, his Royal Consort, and his numerous offspring, and that He would give him a long and happy reign and that his posterity might sway the sceptre of the British Empire till time should be no more."

And this would be quickly followed by a pitiable representation of the defenseless condition of the province, and by an application for a force of five hundred mounted men with which to scour the country and repel the rebel cavalry who were plundering the governor's plantations on the Ogeechee and thundering at the very gates of Savannah.

As early as August, 1780, we find Chief Justice John Glen, Dr. James Houstoun, and John Sutcliffe, " noted rebels," boldly appearing in Savannah and defying the royal authorities.

On the 20th of that month Governor Wright reports that there were then not more than five hundred soldiers in Savannah, and that the garrison at Augusta did not exceed two hundred and forty. " I find," he adds, " we have only 15 nine pounders, 4 six pounders, and 1 four pounder, — all mounted on ship carriages, late the guns of his Majesty's ship Rose, — 2 pieces of brass six pound ordnance, 5 four pounders, and 2 three pounders, — two of which are only fit to take the field, —and 3 twenty-four pounders not mounted."

Nevertheless, we see the royal governor, with a pertinacity worthy of all praise, laboring to fortify Savannah and to confirm it as the capital of the province. Acting under the provisions of the bill which received his assent on the 80th of October, 1780, he ordered out over four hundred negro slaves and put them to work upon the public defenses of the town. " We are making," so he writes, " five Redoubts & Batterys, & there is to be a Parapet made of Fascines & Earth from the River at each end & on the back of the Town. This Parapet is 10 foot wide & 7 foot high, with a Ditch on the outside 15 foot wide at top, 10 foot deep, & sloping to the bottom 8 foot. I think the Redoubts will be finished & each Parapet about half done, or say the whole 4 foot high by Christmas, & I expect the works will be entirely finish'd in all January. This, my Lord, is a most inconvenient thing & a heavy Tax on the People, being one fourth part of all their Male Slaves for near or quite 8 months. . . .

" The late Law also enables me to call out & arm Negrqes in defence of the Province & to exercise further power over the Militia, but this only in time of alarms actually fired, and there are several things provided for which we thought necessary in these yet very perilous times."
When it is asked why the republicans, under the circumstances, hesitated to undertake the recaption of the State, it may be fairly answered that they, too, were weak in numbers and enfeebled by the fortunes of war; that not a few were pining in captivity; that many, contending with hunger, were striving to replenish their barns and acquire food for their families, while others, instant day and night in the saddle, were defending the frontiers against the torch and the scalping knife of the savage and the no less inhuman depredations and outrages of the loyalists. Others still were following the flag of the Confederation in the continental armies, doing battle within the confines of sister States. But a justification of their apparent apathy will sufficiently appear when we recur to the narrative of the military operations of this trying period. Before entering upon this survey, let us turn for a moment to the political affairs of Georgia as administered by the Supreme Council of Safety.

So divided was the State, that the difficulty experienced by Sir James Wright in securing the attendance of members sufficient to form a Commons House of Assembly under the royal government was also encountered by the members of the republican executive council in their efforts to convene a legislature and elect a governor. Since his elevation to the office of president on the 6th of August, 1779, John Wereat, in association with the council, had been discharging the executive functions of government. On the 4th of November in that year he issued a proclamation in the following terms: —

" Augusta, in the State op Georgia, November 4, 1779. " Whereas, from the invasion of the State by the enemy, in December last, the absence of many of the members elected to represent the different counties in the House of Representatives for the present year, with unavoidable causes, several ineffectual attempts have been made to convene a Legal House of Representatives ; and whereas, it is essential to the welfare and happiness of the State that a Legal and Constitutional House of Assembly should be convened: We, therefore, earnestly recommend to such of the citizens of this State as have preserved their fidelity to the cause of America, and were inhabitants of the counties of Chatham, Liberty, Glynn, Camden, and Effingham prior to the reduction of these counties by the British forces, to repair to such place within this State aa to them shall appear most safe and convenient, on the first Tuesday in December next, that being the day appointed by the Constitution for a general election throughout the State, in order to elect persons to represent those counties in the General Assembly for the ensuing year, that a full, free, and equal representation may be had to proceed on business of the utmost importance to the community; and it is the opinion of this Board, that this town would be the most eligible, in the present situation of affairs, for the meeting of the Assembly, which will be the first Tuesday in January next, agreeably to the Constitution of the State. "By order of the Board. John Wereat, Prerident"

Upon the departure of the French and American armies from the lines before Savannah, many of the leading citizens removed from Southeastern Georgia and sought refuge in the vicinity of Augusta. Influenced by the persuasions of George Walton, who, released from captivity, was again at home, of Richard Howley, George Wells, and of others opposed to the executive council, these refugees, in association with the citizens of Richmond County, resolved themselves into a deliberative body claiming to be the General Assembly of Georgia. William Glascock, Esq., was chosen speaker, and George Walton was elected governor of the State. It was openly charged, but without warrant, that some of the members of council sympathized with the Tories, and that all the proceedings of that body were " illegal, unconstitutional, and dangerous to the liberties of the State." This self-styled assembly, which convened at Augusta in November, 1779, also chose George Walton as a delegate to congress, and selected an executive council. Thus, at the same time, were two executive councils actually organized and claiming to exercise important functions within the limits of Georgia wasted by a common enemy and rent by internal feuds. Violent were the collisions of parties, and most confused was the administration of civil affairs. Fortunately there was little need for the office either of legislator or of governor.

While the enemies of the executive council, as at first constituted, were thus active in creating dissensions in the body politic and in disturbing the general sentiment at an epoch when unity, concord, and confidence were essential to the hopes and the plans of the Revolutionists, the members of that association endeavored to counteract these prejudicial influences and to restore public harmony by this open declaration of their powers: " Whereas some jealousies, natural to a people tenacious of their liberties, have arisen among some of the citizens of this State respecting the power of this Board: and whereas it behooves the rules of a free country at all times to take every step in their power to give all reasonable satisfaction to the inhabitants thereof, and to put a stop to such jealousies and complaints as may take place; and whereas the citizens of this State above mentioned conceive, by virtue of the delegation which authorizes this Board to proceed in the executive department of government, they have power to act in the judicial and legislative departments: We do hereby declare and make known to all whom it may concern that we are not invested with any such judicial or legislative powers, and that it never was nor ever will be our intention to assume to ourselves any such powers by virtue of the above mentioned delegation, and that we mean neither to contradict nor to destroy the Constitution of this State which we think must have due operation whenever a time of less disquiet will admit of its being adequate to the exigency of Government."

The self-constituted General Assembly was largely composed of malcontents, men ambitious of power and jealous of the honors accorded to others who like themselves were engaged in a lethal struggle for independence. Sad commentary upon human nature which, even amid the throes of empire and in the agonies of extreme peril, could not forget its passions or subdue its petty animosities!

It will be remembered that in consequence of the deplorable want of accord between the civil and military authorities in Georgia General Lachlan Mclntosh was induced to quit his service at home and seek military employment in a distant field. He had now, however, returned; and, during the bloody assault of the 9th of October, 1779, had given fresh proof of his courage and of his devotion to State and country. During his absence he received a letter from George Walton in which he thus commented upon the unfortunate condition of affairs in Georgia:
"The demon Discord yet presides in this Country, and God only knows when his reign will be at an end. I have strove so hard to do good with so poor a return, that were the liberties of America secure I would bid adieu to all public employment, to politics, and to strife; for even virtue itself will meet with enmity."

It was General McIntosh's hope that time had healed all wounds and that, without reproach, he would be permitted to devote his time and military talents to the defense of Georgia. In this he was mistaken. On the 80th of November, 1779, a letter, purporting to be signed by William Glascock, speaker of the House of Representatives, was transmitted to the president of Congress by George Walton, governor of Georgia. Congress was therein assured of the dissatisfaction of the people of Georgia at the assignment of General McIntosh to the command of the military in that State. It was earnestly suggested that the National Assembly should, while he remained in the service of the United States, indicate " some distant field for the exercise of his abilities." So thoroughly did this forgery, backed by the representations of General McIntosh's enemies, poison the minds of the members of that body that they voted, on the 15th of February, 1780, to " dispense with the services of Brigadier-General McIntosh until the further order of Congress."

When informed of this communication, General Mclntosh demanded an explanation from its alleged author. Mr. Glascock promptly denied the authenticity of the document in the following letter, dated Augusta, Georgia, May 12,1780, and addressed to the president of Congress: —

" Sir, — I am now to do myself the honor of addressing your Excellency on a subject of considerable importance to myself and to a gentleman whose character both as a citizen and an officer I esteem and honor.. Indeed I take up the affair on a larger scale; I may say it is also of importance to this State and the whole Confederate alliance, as it strikes at the very root of reciprocal confidence, and opens a road to misrepresentation, detraction, and malice which cannot be guarded against but with the utmost circumspection, and which, if not checked, might be productive of the most serious consequences to these States either in a civil or a military sense. Brigadier General Mclntosh informs me that he lately received a letter from your Excellency enclosing the following extract of a letter to Congress from me, as Speaker of the Assembly of the State of Georgia:

"It is to be wished that we could advise Congress that the return of Brigadier General Mclntosh gave satisfaction to either the Militia or the Confederates, but the common dissatisfaction is such, and founded on weighty reasons, that it is highly necessary that Congress would, whilst that Officer is in the service of the United States, direct some distant field for the exercise of his abilities.'

"I am sorry, Sir, to be informed by this extract of the extreme malice and rancour of General McIntosh's enemies; but at the same time I enjoy a peculiar happiness in having it in my power to defeat their nefarious machinations and intentions. I do hereby most solemnly declare to Congress that the above extract-is a flagrant forgery, of which I disclaim all knowledge whatever either directly or indirectly. Neither did I ever subscribe in a public or private capacity any letter or paper that could convey to Congress such an idea of that Officer with respect to his Country which he has, in my opinion, served with reputation, and from which he ought to receive the grateful acknowledgments of public approbation instead of the malicious insinuations of public slander, in which class I am under the necessity of ranking the forged letter which is the subject of this.

"I am glad of the opportunity of informing Congress that so far is that forgery from truth, that I believe there is not a respectable citizen or officer in Georgia who would not be happy in serving under General Mclntosh, nor one in either class who would be otherwise except a few who are governed by design or self interest."

Mr. Glascock also furnished General Mclntosh with a copy of this communication.

Strange as it may appear, an examination into the matter disclosed the fact that this letter, to which the name of the speaker of the House of Assembly was forged, was suggested, dictated, and forwarded by Governor Walton and certain members of his council with a design of impairing the influence of General McIntosh and compassing his removal from the military command in Georgia. Fortunately this malevolent and nefarious scheme failed to accomplish the unlawful result at which it aimed. So far from injuring the popularity of the meritorious officer whose valuable services were called in question, it drew down upon its authors the condemnation of all fair-minded people.
Upon the conclusion of the Revolutionary War this whole affair formed a subject of review by the legislature of Georgia. On the journals of the House of Assembly the following resolutions are entered under date of January 30, 1783: —

" Resolved that they have examined such papers and persons as have been offered by the different parties, from which it appears that the resolves of Council, dated at Augusta December 12th, 1779, and the letter from Governor Walton to the President of Congress, dated December 15th, 1779, respecting General Mclntosh were unjust, illiberal, and a misrepresentation of facts: that the letter said to be from William Glascock, speaker of the Assembly, dated November 30th, 1779, addressed to the Presi-dent of Congress, appears to be a forgery, in violation of law and truth, and highly injurious to the interest of the State, and dan* gerous to the rights of its citizens: and that the Attorney General be ordered to make the necessary inquiries and enter such prosecutions as may be consistent with his duty and office.

"Resolved that General McIntosh be informed that this House does entertain an abhorrence of all such injurious attempts made use of, as appears by the papers laid before them, to injure the character of an officer and citizen of this State who merits the attention of the Legislature for his early, decided, and persevering efforts in the defence of America, of which virtue this House has the highest sense."

With remarkable inconsistency, the legislature on the day before these resolutions were adopted, had elected George Walton chief justice of the State of Georgia. If the attorney-general ever instituted any proceedings, we are not advised.

Short was Governor Walton gubernatorial career consequent upon his election in November, 1779, By the General Assembly Richard Howley was, on the 4th of January, 1780, elected governor, and William Glascock speaker of the House. Edward Telfair, George Walton, Benjamin Andrew, Lyman Hall, and William Few were appointed members of Congress. George Wells, Stephen Heard, John Lindsay, and Humphrey Wells were constituted members of the executive council.
Of this body George Wells was chosen president. The office of chief justice was filled by the selection of William Stephens, and that of attorney-general by John Milledge. Colonel John Stark and Captain Hardy were elected treasurers. Edward Jones was made secretary of state, and Joseph Clay paymaster-general.

Composed largely of the friends of Walton and Howley, this assembly criticised severely the former council, and accused its members of " exercising powers and authorities unknown to and subversive of the constitution and laws of this State." It even went so far as to declare that " said council and the powers they exercised were illegal and unconstitutional." And yet, within a month, this assembly, which had thus pronounced null and void the action of the former council and denounced it as lawless in conception and operation, moved by the exigency of the period, and anticipating it might happen, during the progress of the war, u that the Ministers of government of this State might not be able to do or transact the business of the State within the limits of the same," unanimously resolved that his Honor the Governor, or, in his absence, the President and Executive Council, may do and transact all and every business of government in as full, ample, and authoritative manner in any other State within the Confederation, touching and respecting of this State, as though it had been done and transacted within the limits of this State."

Governor Howley issued a stirring proclamation " commanding and requiring the people to stand firm to their duty, and exert themselves in support and defence of the great and glorious independency of the United States: and also to remember with gratitude to Heaven that the Almighty Ruler of human affairs hath been pleased to raise up the spirit and might of the two greatest powers in the world [France and Spain] to join with them and oppose and destroy the persecutor of their liberties and immunities."

General Lincoln was censured by the legislature for withdrawing the continental troops from Georgia, and was pronounced " answerable for all the consequences which may follow that unadvised measure." The governor was instructed to concentrate half the militia of the State at Augusta, and Colonel John Twiggs, with his command, and as many volunteers as he could secure, was requested to take post at that point.
Aware of the defenseless condition of this town, which " might be surprised by twenty men," and deeming it " unsafe and impolitic for the Governor and Council to remain thus exposed," the assembly designated Heard's Fort, in Wilkes County, as a suitable "place of meeting for transacting the business of the government of this State as soon after leaving Augusta as may be."

Responding to this suggestion the executive council did, on the 6th of February, adjourn to assemble at Heard's Fort, which thereupon became the temporary capital of the State. Brief was the gubernatorial term of service of Governor Howley. He left Georgia to take his seat in the Continental Congress, and the Hon. Oeorge Wells, the president of council, and three members of the board were announced as fully competent for the transaction of all public business. " The value of paper money," says Captain McCall," was at that time so much reduced that the governor dealt it out by the quire for a night's lodging for his party; and, if the fare was anything extraordinary, the landlord was compensated with two quires."

President Wells dying, Stephen Heard, of Wilkes County, was elected, on the 18th of February, president of council. He was, during the absence of Governor Howley, governor de facto of republican Georgia, which, at that time, could practically claim the allegiance of only two counties, — Richmond and Wilkea. That portion of the State lying south of a line drawn from Hudson's ferry on the Savannah River to the Ogeechee River was in the possession of the British.

"Thus was Georgia reduced to the verge of political death. The government, such as it was, was administered by President Heard, and a few members of the Council in Wilkes County; and when Mr. Heard retreated to North Carolina, Myrick Davies was chosen president in his place. The condition of the Republicans in Georgia was indeed deplorable. Driven from Savannah and the seaboard, compelled to evacuate Augusta, hemmed in by hostile Indians on the frontier, and confined mostly to a few settlements in and around Wilkes County, they lived in daily peril, had almost daily skirmishes with Regulars, Tories, or Indians, were harassed with alarms, were surprised by ambuscades, were pinched with want, and had one long bitter struggle for simple existence, with scarcely a ray of hope to light up the future."

Moreover, unseemly dissensions had arisen among leading citizens, and the land was a prey alike to external and internal foes. Most difficult was it to maintain even a show of civil authority and to support a tolerable administration of justice. Many good men went into voluntary exile, bewailing the existence of evils which they were unable either to mitigate or to remove.

At this darkest epoch, when English arms had gained the ascendency not only in Georgia but also in Carolina, when the principal towns of those States were in the possession of the enemy, and the territory on both sides of the Savannah was largely subservient to British rule, it was noised abroad that a new commission would soon issue from the Court of St. James for the purpose of again sounding the temper of America upon the subject of a pacification. It was boldly hinted that Georgia, and perhaps South Carolina, in any negotiations would not be recognized as part of the American Union, but would be excluded on the ground that they had " been again colonized to England by new conquest." In Europe the " uti possidetis" was much talked of as a " probable basis for the anticipated peace. Against this doctrine and its practical application George Walton, William Few, and Richard Howley, then representing Georgia in the Continental Congress, prepared and published a manly and earnest protest which was not without influence. After representing in their true colors the excellences possessed by Georgia, her natural resources, and the advantages which resulted from her union with sister American States, they insisted that she was a material component part of the Confederation, and that she could not be abandoned or given up without endangering the integrity of that union. The public was reminded that all the colonies had joined in one common cause, and had sacrificed their blood and fortunes in its support. Rightly did they contend that it would be " unjust and inhuman for the other parts of the Union separately to embrace the result of the common efforts and leave them [Georgia and Carolina] under the yoke of a bankrupt and enraged tyrant." The suggestion shocked the sentiments of the allied patriots; and the doctrine of uti posri-detis, if seriously entertained, was thoroughly eliminated from all discussions and deliberations contemplating the establishment of amicable relations between England and her revolted colonies.

On the 16th of August, 1781, Dr. Nathan Brownson was elected governor, and Edward Telfair, William Few, Dr. Noble Wymberley Jones, and Samuel Stirk were appointed delegates to Congress. The skies were brightening. Augusta had been rescued from the possession of the enemy, and renewed efforts were being made for the recovery of other portions of the State.

Eight days after his induction into office, Governor Brownson, with the intention of strengthening the manhood of the State, issued a proclamation requiring all persons who considered them selves citizens of Georgia to return home within specified periods under penalty of being subjected to the payment of a treble tax to be levied upon all lands owned by them within the limits oi the State. Many wanderers were thus recalled who, having forsaken their plantations in Georgia, had sought refuge in South and North Carolina and in Virginia.

The machinery of state government was further organized by this legislature, assembled in Augusta, — of which John Jones was the speaker, —by the election of John Wereat as chief justice, Samuel Stirk as attorney-general, James Bryan as treasurer, and John Milton as secretary of state. Provision was made for reopening the courts of justice, and assistant judges were elected for each county. It was then the duty of the chief justice to preside at the superior courts of all the several counties, and the terms were so arranged as to permit his presence. In each county he was aided by the assistant justices selected for the county. For the more efficient organization and control of the militia the following officers were chosen: —

For the County of Wilkes: Elijah Clarke, colonel; John Cunningham, lieutenant-colonel; and William Walker, major.
For the County of Richmond: Josiah Dunn, colonel; Isaac Jackson, lieutenant-colonel; and Joshua Winn, major.
For Lower Richmond: James Martin, colonel; James McNeil, lieutenant-colonel; and Archibald Beal, major.
For the County of Burke: Asa Emanuel, colonel; James McKay, lieutenant-colonel; and Francis Boy kin, major.
For the County of Effingham: Caleb Howell, colonel; Stephen Johnson, lieutenant-colonel; and Daniel Howell, major.
For the County of Chatham : George Walton, colonel; John Martin, lieutenant-colonel; and Charles Odingsell, major.
For the County of Liberty: John Baker, colonel; ------Cooper, lieutenant-colonel; and James Maxwell, major.

To the governor was allowed a salary at the rate of £500 per annum; to the chief justice, a salary of £300; to the attorney-general, a salary of £200; to the treasurer, a salary of £150; to the secretary of state, a salary of £100; to the clerk of council and assembly, a salary of £75; and to the messenger of council, a salary of £50. The delegates to the Continental Congress were entitled to a sum sufficient to defray all their expenses incurred in going to, attending upon, and in returning from Congress.

Governor Brownson wad a leading physician of Southern Georgia, public-spirited, wise in counsel, and an early and earnest supporter of the plans of the Revolutionists. Twice had he served his people as a member of the Continental Congress. Among the purest patriots of Liberty County will he always be numbered.

In the early part of December, 1781, the council was called upon to mourn the loss of the Honorable Myrick Davies, recently its president, who was inhumanly slain by the Royalists. The headquarters of the board had for some time been fixed at Howell's plantation in Burke County. On the 11th of December, 1781, the following minute appears in the journal of the executive council: Resolved, that his honor the governor be requested to take measures for conveying the body of the late Myrick Davies, Esqr., president of the Executive Council, to this place, and that Mr. Lewis be requested to prepare a proper discourse for his interment, and this Board will attend the same."
On the 2d of January, 1782, Stephen Heard was for a second time elected president of council.

By the legislature, which convened in Augusta on the 1st of January, 1782, was John Martin, an active defender of the liberties of his country and a lieutenant-colonel in the continental line of the Georgia brigade, elected governor. William Gibbons was selected as speaker. This body remained in session only about ten days, and was subsequently, by proclamation of the governor, convened at Augusta on the 17th of April.
Already were indications of a successful issue to the impending conflict becoming apparent, and the hearts of the Revolutionists were cheered by the approach of a strong army for the reclamation of Georgia.

Encouraged by the prospect, Governor Martin, in his inaugural address, thus felicitated the members of the legislature: " I am extremely happy in finding that the virtuous struggles made by the good citizens of this State against our cruel and unnatural enemies have at length nearly secured to us those blessings for which we have so long contended and, I doubt not but by a continuance of those exertions and the support we have reason to expect, we shall in a short time reap the happy fruits of our labors."

It was under his administration that Georgia was rescued from British dominion and the commonwealth restored to the full exercise of all legislative, executive, and judicial powers. He was the governor whose good fortune it was to behold the successful termination of the Revolution, and to witness the public recognition of Georgia as a sovereign State.

Secure in the hope of the early triumph of the armies of the Confederation, the legislature at its called session in April passed the following resolutions in acknowledgment of the distinguished services of Generals Greene and Wayne: —

" Whereas the honorable Major General Greene hath, since his taking the command of the Southern Army, rendered high and important services to the Southern States by wresting them from the hand of British oppression and establishing the foundation of their independence and prosperity:

"And whereas services so glorious and honorable to the United States in general and this State in particular — services which at once characterize the able and judicious General as well as the intrepidAsserter of American freedom—call for the distinguished approbation of the Legislature of this State:

" Be it therefore resolved that the sum of five thousand guineas be granted to three Commissioners to be appointed by this House for the purpose of purchasing an estate for Major General Nathaniel Greene in such part or parts of the State as he shall appoint.

" Resolved that the said Commissioners be empowered and authorized to draw on, and receive the said sum of five thousand guineas from, the public treasury of this State."

"Whereas Brigadier General Wayne hath, since his command-ing the force of the United States within this State, rendered great and meritorious services to this Country by driving in the posts of the enemy, and, with a very inferior force, keeping them confined to Savannah:

" And whereas the gallant and judicious conduct of tie said General highly merits the generous attention and approbation of the Legislature of this State:

"Resolved that a high sense of the great merits and services rendered by the Honorable Brigadier General Anthony Wayne is entertained by this House, and that the same be acknowledged in a letter from the Speaker to the General.

"Resolved that the sum of four thousand guineas be granted to three Commissioners, to be appointed by this House, for the purpose of purchasing an estate for Brigadier General Anthony Wayne in such part or parts of the State as he shall appoint."

Colonel Elijah Clarke, "in consideration of his distinguished services," was complimented by this legislature with the plantation of Thomas Waters on which the colonel was then residing. He was to retain it rent-free until the question of its confiscation was determined. If confiscated, that plantation was to be presented to him, by the State, in fee simple.

On the 4th of May this legislature adjourned to assemble at Ebenezer on the first Tuesday in July. There had General Wayne established his headquarters. The enemy was now closely confined within the lines which encircled Savannah, and the town of Ebenezer became, for a little while, the actual capital of Georgia as it was the chief post of the republican forces within the State.

Here, by the General Assembly, provision was made for the purchase, in behalf of the State, of all slaves owned by parties, adherents to the Crown, who were on the eve of departing from Georgia. The evacuation of Savannah by the king's forces was imminent, and this measure was deemed important for the agricultural interests of Georgia. These slaves were to be resold to the best advantage, and their labor was to be retained for the immediate development of the lands within the State.

Resolutions were also adopted permitting all merchants in Savannah, who professed loyalty to the king, to remain unmolested in that town for the space of twelve months to close out their stocks of goods, provided they took no advantage of the necessities of the community and sold their commodities at reasonable prices. Upon the expiration of this period they were to be furnished with permits to sail for any British ports they might select.

Prohibitions were laid upon the exportation of salt and provisions. There was great need in the land, and the authorities were not unmindful of such regulations as seemed calculated to relievo the distress of the inhabitants.

Removing from Ebenezer, the General Assembly convened in Savannah on the 13th of July. The Filature was quickly arranged as the most suitable place for its deliberations. Again was the first capital of Georgia restored to the possession of the republicans. Through their chosen representatives the patriots, rejoicing in the good fortune of the hour, legislated gladly for the welfare of the youthful commonwealth, now free and independent.

Upon this hasty review it will be perceived that the government of Georgia during this Revolutionary period was feeble, uncertain, and peripatetic. Little was done beyond the maintenance of the semblance of executive and legislative authority. Most of the acts passed by the legislatures were temporary in their character and intended to answer the immediate requirements of an abnormal epoch. Few records of this transition stage in the development of the State have been preserved, and they are at best but fragmentary and unimportant. The territorial jurisdiction of governor and assembly was frequently very limited, and varied with the fortunes of war. Beyond the struggle for life and property comparatively little appertains to the history of these days. Liberty and subsistence were the principal objects in view, and the paths which led to their attainment were rugged with poverty, obstructed by sore trials, and were crossed by the king's servants.
So seriously impaired were the finances of the State, and so depreciated in value was the paper currency in vogue, that arms,
communitions, and supplies of all sorts were very difficult of procurement. Nearly five hundred thousand dollars were expended by Georgia in defraying the expenses of Governor Howley while a member of the Continental Congress.

There were times too when the personnel of the state government consisted only of a president of council, assisted by a few members of the board; when, for long intervals, there were no meetings of the General Assembly ; when many of the provisions of the constitution were inoperative; and when scarcely a regiment of soldiers could be marshaled within the limits of the State to dispute the supremacy of the Crown.

With regard to the colonial records of Georgia it may be stated that for some time after the fall of Savannah in December, 1778, they were lodged for safe keeping in one of the public offices in Charlestown, South Carolina. When that city was threatened, they were thence transported in wagons by Captain John Milton to Newbern, North Carolina, and entrusted to the care of Governor Nash. Upon the appearance of the British army in North Carolina they were removed to Maryland where they remained until the close of the war. Upon the conclusion of peace such of them as could be collected were restored to Georgia, under the conduct of Captain Nathaniel Pearre, of the Georgia Continental Brigade.

Having thus considered the political history of Georgia during this trying period when the royal government at Savannah and the republican government in the upper portion of the State were contending for the mastery over a distracted, divided, impoverished, and smitten territory, let us review the military events subsequent to the repulse of the allied army before Savannah in October, 1779.

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